16.04.001. - Service areas—Borough policy—Status of boards of directors.
16.04.010. - Initiation—Petition required.
16.04.020. - Petition—Form—Contents required—Filing—Borough clerk responsibilities.
16.04.030. - Petition—Mayor survey and report duty.
16.04.040. - Public hearing—Required where—Notice—Assembly authority.
16.04.050. - Establishment by ordinance—Contents.
16.04.060. - Election to establish governmental powers required when.
16.04.065. - Election of board members.
16.04.066. - Board members—Compensation prohibited.
16.04.070. - Establishment by assembly action authorized when—Procedure.
16.04.080. - Administrative employees—Appointment, qualifications, and removal.
16.04.001. - Service areas—Borough policy—Status of boards of directors. The boards of directors of the service areas in the borough are advisory to the mayor and the assembly, and they may not contravene the authority of the mayor and the assembly with respect to any of the statutory or ordinance powers and duties prescribed by law to the mayor and to the assembly. The boards of directors are subject to the sphere of authority of the mayor and the assembly as established in the statutes of Alaska or the ordinances of the borough. The assembly may delegate its authority, except as prohibited by law or ordinance, to the boards of directors of the service areas by resolution duly adopted by the assembly. The assembly may rescind upon at least 30 days' notice by resolution the delegation of authority to the boards of directors of the service areas. (Ord. No. 2007-29, § 1, 8-7-07; Ord. No. 79-37, § 1, 1979)
16.04.010. - Initiation—Petition required. The citizens of any given area may petition the borough assembly for establishment of a service area to perform 1 or more governmental services authorized by law; provided, however, that a proposed road service area must follow election precinct boundaries established by the Lieutenant Governor of the State of Alaska, and must include one or more election precincts as the proposed road service area. (Ord. No. 81-26, § 1, 1981; Ord. No. 56, § 1(part), 1967; KPC § 27.10.05(a)) 16.04.020. - Petition—Form—Contents required—Filing—Borough clerk responsibilities. The petition shall be in a form prescribed by the borough assembly and shall include: A. A designation of the governmental service to be exercised by the service area; B. A map which includes a legal description of the area to be encompassed by the proposed service area which shall consist of one or more election precincts if it is a road service area; and C. The signatures of eligible voters within the area comprising the proposed service area in a number equal to at least 15 percent of the eligible voters within the area comprising the proposed service area who voted in the last regular election of the Kenai Peninsula Borough. The petition when signed shall be filed with the borough clerk. The borough clerk shall proceed to make a determination as to the validity of the signatures on the petition and whether the petition contains the required number of signatures. The borough clerk shall then deliver the petition to the mayor. (Ord. No. 81-26, § 2, 1981; Ord. No. 72-52, § 1(part), 1974; Ord. No. 56, § 1(part), 1967; KPC § 27.10.05(b)) 16.04.030. - Petition—Mayor survey and report duty. Upon receipt by the mayor of the petition from the borough clerk, the mayor shall make a survey and report to the assembly concerning the need for and the estimated cost of the service area. The report shall contain a plan defining the service area, stating the total assessed valuation within the area proposed to be established as a service area and giving the population of the area proposed to be established as a service area. The report of the mayor shall be made to the assembly in written form at least 15 days before a public hearing on the necessity for the proposed service area. (Ord. No. 74-52, § 1(part), 1974; Ord. No. 56, § 1(part), 1967; KPC § 27.10.05(c)) 16.04.040. - Public hearing—Required where—Notice—Assembly authority. The assembly or mayor shall fix the time and place of a public hearing to consider the necessity for the proposed service area or expanded service area. The place of the public hearing shall be within the boundaries of the area proposed to be established as a service area or an expansion thereof, or in a publicly owned building in closest proximity to any of the boundaries of the proposed service area, in the event that facilities within the boundaries are not adequate to hold the public meeting. When expansion of a service area is being considered, a public hearing shall be held in each area under consideration for expansion. Notice of the hearing shall be published in a newspaper of general circulation in the proposed service area or expanded area not less than one week prior to the hearing, the notice of the hearing to be posted in each post office which is utilized by the residents of the proposed service area or expanded service area. After hearing the interested persons favoring or opposing the proposed service area, the assembly may extend or shorten the boundaries of the proposed service area or expansion thereof and may introduce an ordinance at the next regular meeting of the borough assembly to establish the proposed service area or expand an existing service area with whatever boundary changes are made by the assembly as a result of the information received on the petition and at the public hearing. The boundaries of a road service area must consist of one or more election precincts as provided in this chapter. The public hearing provided for in this section may be held by a special committee of less than the whole assembly; provided, that the special committee shall make a report of its findings and recommendations to the whole assembly at a regular meeting prior to the assembly's action on the proposed service area or expansion thereof. The president of the assembly shall appoint the members of the special committee to hold the public hearing at a time and place fixed by the assembly. This section shall only apply to proposed new service areas and service area expansions for which voter approval is required in either AS 29.35.460(c) or AS 29.35.490. (Ord. No. 2004-32, § 1, 10-12-04; Ord. No. 81-26, § 3, 1981; Ord. No. 79-16, § 1, 1979; Ord. No. 76-50, § 1, 1976; Ord. No. 74-52, § 1(part), 1974; Ord. No. 56, § 1(part), 1967; KPC § 27.10.05(d)) 16.04.050. - Establishment by ordinance—Contents. The ordinance establishing a service area may provide for appointed or elected boards to supervise the furnishing of special services in the service area, and determine that the new service cannot be provided by any existing service area, or by annexation to a city or incorporation as a city. (Ord. No. 56, § 1(part), 1967; KPC § 27.10.05(e)) 16.04.060. - Election to establish governmental powers required when. If the borough assembly shall by ordinance establish a service area, the proposition whether or not to exercise the particular governmental power for which the service area has been established shall be placed on the ballot at the next general or a special election of the borough; except, however, an area that has once been considered and rejected by the eligible voters at either a special or general election shall thereafter be placed before the voters only at a subsequent general election. If the ordinance establishing the service area has provided for elected boards to supervise the furnishing of special services in the service area, then the candidates for election to such board shall be placed on the ballot at the same election for election by the qualified voters residing within the service area. (Ord. No. 67, § 1, 1967; Ord. No. 56, § 1(part), 1967; KPC § 27.10.05(f)) 16.04.065. - Election of board members. Vacancies for service area boards requiring elected boards shall be filled by the candidate receiving the highest number of the votes cast for that seat. In the event that no candidate files for election to a seat which is to be filled at said election, then no election shall be conducted for that particular seat, and the seat shall be filled by a majority vote of the remaining board following certification of the election. (Ord. No. 2000-30, § 1, 8-15-00; Ord. No. 83-13, § 2, 1983) 16.04.066. - Board members—Compensation prohibited. All service area board members shall serve without compensation except reimbursement for expenses as allowed for borough employees. This shall not be construed to require reimbursement of expenses to service area board members. (Ord. No. 94-18, § 1, 1994) 16.04.070. - Establishment by assembly action authorized when—Procedure. The borough assembly may at any time initiate its own inquiry into the need for service areas for the performance of governmental services within the Kenai Peninsula Borough and may call for a public hearing pursuant to this chapter within any such areas where it determines there may be a need for the establishment of service areas. (Ord. No. 56, § 1(part), 1967; KPC § 27.10.10) 16.04.080. - Administrative employees—Appointment, qualifications, and removal. A. Service area directors. Except as may otherwise be provided for a specific service area, the director of a service area as determined necessary by the assembly and as defined by KPB 3.04.070 shall be appointed by the mayor from a list of recommended names from the service area board. Except for the road service area director, whose board consists of appointed members, and as otherwise provided below, all other service area directors may be removed by the mayor with a concurrent recommendation from the applicable board. Such action by the service area board shall require a majority vote of the board membership. In the event that the service area board and the mayor are unable to agree within 30 days of the date the action is recommended, then the mayor and the service area board shall communicate to attempt to resolve the impasse. Such communication shall occur no more than 60 days after the date of the initial recommendation for removal. Following such communication, the mayor shall have the final authority to determine whether or not to remove the director. B. Other administrative employees. Other administrative employees serve at the pleasure of the mayor who may suspend or discharge such employees in his or her sole discretion. The service area board may independently make a recommendation to the mayor regarding the suspension or discharge of other administrative employees; however, such suspension or discharge remains within the sole discretion of the mayor. (Ord. No. 2004-34, § 1, 10-26-04; Ord. No. 2004-12(Sub.), § 1, 7-6-04) Editor's note— Ord. No. 2002-31, § 1, adopted Sept. 3, 2002, repealed § 16.04.090, which pertained to road improvement standards. See the Code Comparative Table.