MEMORANDUM

TO: Timothy Navarre, Assembly President

Members, Kenai Peninsula Borough Assembly

THRU: Dale Bagley, Mayor

FROM: Colette Thompson, Borough Attorney

Bob Bright, Planning Director

Max Best, Borough Surveyor

DATE: May 9, 2002

SUBJECT: Ordinance 2002-20, amending the boundaries of the Kachemak Emergency Service Area

The accompanying ordinance is introduced to formally amend the borough code to adjust the Kachemak Emergency Service Area boundaries to coincide with the revised boundaries for the City of Homer. The annexation process for the City of Homer was completed on March 20, 2002 and included some areas of Kachemak Emergency Service Area. Litigation is currently pending regarding the annexation process. Should the court in that case determine that the annexation was not legal in such a manner that it would affect the service area boundaries, then the administration intends to bring forward another ordinance that would comply with any such court order.

The code provisions defining the road service area just provide that the service area excludes all property within the corporate limits of each home rule, first class, and second class city in the borough. Accordingly, it automatically excludes property within the newly annexed boundaries of the City of Homer. Your consideration of this ordinance is appreciated.