Chapter 14.20
WATERFALL CREEK SERVICE AREA

Sections:

14.20.010    Established.

14.20.020    Description.

14.20.030    Powers.

14.20.040    Management and operation.

14.20.050    Accounting procedures.

14.20.060    Fees and charges.

14.20.070    General service area fee – Delinquency charges.

14.20.080    Service area fees and charges lien.

14.20.010 Established.

There is hereby established the Waterfall Creek Service Area of the borough. [Ord. No. 425, §1, 7-19-82. Code 1974 §50.41.005.]

14.20.020 Description.

The Waterfall Creek Service Area shall consist of the following described area:

All of the real property located within the Ketchikan Gateway Borough, Ketchikan Recording District, First Judicial District, State of Alaska, described as follows:

All properties known as Waterfall Creek Subdivision, KGB SUB’D No. 81-01 located within Lot 4, U.S. Survey 5525, and protracted Sections 32 and 33 Township 73 South, Range 90 East; Sections 4 and 6, Township 74 South, Range 90 East, Copper River Meridian, and filed in the Ketchikan Recording District, First Judicial District, State of Alaska as Amended Plat No. 84-16. Excluding those properties that do not use Cascade or Waterfall Road to access their land.

Also particularly bounded and described as follows:

Beginning at Corner No. 2, U.S. Survey 3524, said corner being south 16 degrees 28 minutes East a distance of 85.27 feet from North Tongass Highway centerline station 780+66.47 the true point of beginning; thence north 16 degrees 28 minutes west, 3.93 feet to a point on the easterly side of North Tongass Highway R/W; thence continuing along the easterly side of North Tongass Highway R/W north 37 degrees 45 minutes 45 seconds 340.71 feet to the northwest corner of Lot 11 in block 3, KGB SUB’D No. 81-01 also in common with the northern corner of tract A; thence along the common borders of Lot 11 and tract A south 19 degrees 14 minutes 15 seconds east, 380.0 feet; thence north 39 degrees 15 minutes 45 seconds east, 779.32 feet to the southeastern corner of Lot 8, block 3 KGB SUB’D No. 81-01; thence north 55 degrees 44 minutes 15 seconds west, 339.72 feet to the easterly edge of North Tongass Highway R/W; thence along the North Tongass Highway R/W north 37 degrees 45 minutes 45 seconds east, 143.82 feet; thence continuing north of said R/W along a 4 degrees 22 minutes 15 seconds curve to the right (radius = 5,663.58 feet) a distance of 521.48 feet to a point 19.36 feet north of a WC that defines the beginning of Cascade Road R/W from North Tongass Highway R/W but (shown as Waterfall Road on the plat); thence northerly along a line that parallels the northerly R/W line of the North Tongass Highway across the entrance of Cascade Road to a point, that is the extended southern line of Lot 13B, block 2 KGB SUB’D No. 81-01; thence north 67 degrees 55 minutes west, approximately 8.77 feet to the western corner of Lot 13B also in common with the eastern R/W of the entrance to Cascade Road; thence south 67 degrees 55 minutes east, 172.90 feet; thence north 80 degrees 45 minutes east, 154.12 feet; thence south 63 degrees 35 minutes east, 39.77 feet; thence north 41 degrees 11 minutes 30 seconds east, 1,120.2 feet to the southern boundary of tract D also in common with the eastern corner of Lot 9A block 2 KGB SUB’D No. 81-01; thence along the common boundaries of track D and Lot 9A north 51 degrees 48 minutes 30 seconds west, 311 feet to the eastern border of North Tongass Highway; thence north 38 degrees 11 minutes 30 seconds east, 207.66 feet to the northern corner of tract D1; thence south 49 degrees 47 minutes east also the northeastern boundary of Waterfall Creek Subdivision, KGB SUB’D No. 81-01, 1,115.0 feet to a monument; thence south 40 degrees 13 minutes west, along the southeasterly boundary of KGB SUB’D No. 81-01, 3,952.15 feet to a monument; thence north 16 degrees 28 minutes west along the southwesterly boundary of KGB SUB’D No. 81-01 a distance of 1,299.32 feet to a monument Corner No. 2, U.S. Survey 3524, the true point of beginning.

Containing 78.3 acres, more or less.

An illustration depicting these boundaries is incorporated in this section as Exhibit A; provided, however, that in the event of conflict between the illustration and this legal description, the legal description shall prevail.

[Ord. No. 1337, §1, 1-3-05; Ord. No. 425, §1, 7-19-82. Code 1974 §50.41.010.]

14.20.030 Powers.

The Waterfall Creek Service Area has all of the powers necessary or incidental to the providing of the following services within said service area:

Construction, maintenance and operation of roads. [Ord. No. 1090, §9, 5-3-99; Ord. No. 425, §1, 7-19-82. Code 1974 §50.41.015.]

14.20.040 Management and operation.

As provided in Chapter 14.10 KGBC, an appointed board of directors, composed of five members, shall make recommendations concerning budgets and services in the Waterfall Creek Service Area, subject to KGBC 14.10.130. [Ord. No. 1766A, §5, 9-21-15; Ord. No. 567, §1, 5-5-86; Ord. No. 425, §1, 7-19-82. Code 1974 §50.41.020.]

14.20.050 Accounting procedures.

All accounting, billing and collection of taxes or charges shall be performed by the borough. [Ord. No. 425, §1, 7-19-82. Code 1974 §50.41.025.]

14.20.060 Fees and charges.

(a)    The following fees are hereby fixed, levied and imposed within the Waterfall Creek Service Area:

Service area fees shall be set by resolution of the assembly.

(b)    The fees provided in this section shall be billed each quarter, per lot existing as of January 1, 2013, that has access from Cascade Road or Waterfall Road; provided, that any new lots created which increase the total number of lots in the service area are also subject to the fee on a per lot basis, but a reduction in the number of lots will not reduce the fees allocated to particular property.

(c)    The fees provided in this section shall be billed quarterly in the manner provided in KGBC 13.05.190. Such billings shall be mailed quarterly at the beginning of the quarter with the first quarter starting on July 1 of each fiscal year.

(d)    The owner of the property shall be personally liable for the amount of the fees, penalties and interest provided for in this section. [Ord. No. 1925, §1, 8-3-20; Ord. No. 1654S, §1, 4-1-13; Ord. No. 1640, §1, 10-1-12; Ord. No. 1518, §1, 06-1-09; Ord. No. 1354, §1, 5-16-05; Ord. No. 1265, §1, 6-2-03; Ord. No. 991, §1, 5-20-96; Ord. No. 805, §1, 5-20-91; Ord. No. 748, §1, 6-4-90; Ord. No. 702, §2, 6-19-89. Code 1974 §50.43.005.]

14.20.070 General service area fee – Delinquency charges.

In the event any quarterly fees or charges are not paid within 90 days after the date of billing, such fees and charges shall be delinquent. Upon such fees or charges becoming delinquent there shall be added thereto a penalty of five percent of the amount of such fee, and in addition thereto, interest at the rate of one percent per month shall accrue and be charged on the whole of the unpaid amount of such fees and charges from the date of delinquency until paid in full. [Ord. No. 1518, §2, 06-01-09. Code 1974 §50.43.010.]

14.20.080 Service area fees and charges lien.

(a)    The fees and charges imposed under KGBC 14.20.060, including any delinquency fees, interest, penalties and collection charges under KGBC 14.20.070, shall constitute a lien in favor of the borough upon the real property for which the fee was imposed.

(b)    The lien imposed by this section arises and attaches at such time as payment becomes delinquent under KGBC 14.20.070 and continues until the entire amount is satisfied.

(c)    If fees and charges are not paid prior to delinquency under KGBC 14.20.070, a notice of lien may be recorded in the office of the district recorder.

Upon recordation, the lien has priority over all other liens except:

(1)    Liens for property taxes, special assessments, and sales and use taxes;

(2)    Liens that were perfected before the recording of the lien under this section;

(3)    Liens that, under State law, are prior, paramount, and superior to all other liens; and

(4)    Mechanics’ and materialmen’s liens for which claims of lien under AS 34.35.070 or notices of right to lien under AS 34.35.064 have been recorded before the recording of the lien under this section.

(d)    An action to foreclose a lien created by this section shall be commenced and pursued in the manner provided for the foreclosure of liens in AS 09.45.170 through 09.45.220.

(e)    The remedy provided in this section is not exclusive and shall be in addition to all other remedies available to the borough to collect the sales taxes, penalties, and interest due under this chapter.

(f)    Fees for the administrative costs of filing on notices of liens and releasing of liens shall be:

(1)    Filing of notices of lien: $25, plus recorder’s office filing fee.

(2)    Release of liens: $25, plus recorder’s office filing fee. [Ord. No. 1837, §7, 8-21-17.]