Chapter 4.05
FORMATION AND MODIFICATION OF SERVICE AREAS

Sections:

4.05.010    Establishing, altering, abolishing service areas – General.

4.05.020    Initiation of action.

4.05.030    Initiation by petition.

4.05.040    Initiation by assembly.

4.05.050    Standards for assembly action.

4.05.060    Election required.

4.05.010 Establishing, altering, abolishing service areas – General.

The assembly, by ordinance, may establish, alter or abolish service areas, subject to the provisions of this chapter. The borough may provide services within a service area only in accordance with Chapter 4.10 KIBC. [Ord. 80-29-O §1, 1980].

4.05.020 Initiation of action.

The establishing, altering or abolishing of a service area shall be initiated by petition or by the assembly. [Ord. 80-29-O §1, 1980].

4.05.030 Initiation by petition.

A. A petition to establish, alter or abolish a service area shall contain the signatures of persons who own at least 25 percent of the real property within the boundaries proposed to be established, altered or abolished. All signatures on the petition shall be dated within 60 days of the submission of the petition. In addition to the signatures, the petition also shall contain:

1. The residence and mailing address of, and a legal description of the relevant real property owned by, each signer;

2. The name and mailing address of a representative designated to receive correspondence on behalf of the signers;

3. A statement of the services provided, or proposed to be provided, in the service area; and

4. A vicinity map indicating the area in which the service area is proposed to be established, altered or abolished.

B. The petition shall be submitted to the clerk, who shall review it for conformity to this section. The clerk shall return an insufficient petition to its sponsors with a written description of its deficiencies.

C. The clerk shall refer a sufficient petition to the manager, who shall prepare and submit to the assembly an ordinance effecting the proposed action. [Ord. 98-04 §2, 1998; Ord. 84-61-O §10, 1984; Ord. 80-29-O §1, 1980].

4.05.040 Initiation by assembly.

The assembly shall initiate the establishing, altering or abolishing of a service area by introducing an ordinance effecting the proposed action. [Ord. 80-29-O §1, 1980].

4.05.050 Standards for assembly action.

A. In acting on an ordinance under this chapter, the assembly shall consider and make findings on the following issues:

1. The need for services within the area, and the feasibility of providing them, considering the area’s size, population, and the facilities and services already existing therein;

2. The assessed or estimated value of all taxable property within the area;

3. The characteristics of the area indicating its cohesiveness as a community; and

4. The area’s ability to pay for the proposed service.

B. No lot, tract, or parcel shall be in more than one service area of like service provided. [Ord. 98-04 §2, 1998; Ord. 80-29-O §1, 1980].

4.05.060 Election required.

A. An ordinance altering or abolishing a service area within which one or more services are being provided shall not be effective unless approved by a majority of the qualified voters voting on the question in each area affected by the ordinance. The question shall be submitted and the result implemented as provided in Chapter 4.10 KIBC.

B. For the purposes of this section, the area affected by the abolishing of a service area is the entire service area. The area affected by the altering of a service area is the area thereby annexed to, or detached from, the service area, unless the assembly finds that the entire existing service area is affected by the proposed alteration. In making this finding, the assembly shall consider the effect of the alteration on the level of service and cost of service throughout the existing service area. [Ord. 80-29-O §1, 1980].