MEMORANDUM

TO: William Popp, Assembly President

Members, Kenai Peninsula Borough Assembly

FROM: Dale Bagley, Mayor

DATE: May 25, 2000

SUBJECT: Road construction powers

The borough adopted road maintenance powers by vote of the people in 1981 and improvement powers in 1985 in the four separate road service areas. In 1991 the road service areas were consolidated into a single maintenance and improvement service area to promote efficiency and consistency in service. The borough has not adopted road construction powers within the service area.

The distinction between improvement and construction is often confusing, and many citizens within the road service area already believe we possess construction powers. The borough has constructed short lengths of road pursuant to other powers, for example, to borough schools pursuant to our education powers. However, every time a road construction project is considered, it is necessary to analyze whether the road construction is incidental to the purpose of another power. The adoption of construction powers would also enable the borough to undertake road construction projects that may have outside funding sources, such as federal grants.

The ballot proposition would place the question of whether to adopt road construction powers within the service area before the voters in October of 2000. I have asked the Road Service Area Board to consider the proposition and hold a public hearing on the same at its June meeting. I request that the ordinance have two public hearings, one on July 18 (in Seldovia), and one on August 1, 2000. If the ballot proposition is adopted, the ordinance would also clarify the definitions of construction, maintenance, and improvement.