§ 14.31.070. Circulation and filing of petition; signature requirements.

A.

After the road service area board approves the RSA resolution to approve the petition report and recommend a borough match, the assessing department shall create the final petition and distribute at least one copy to the sponsor.

B.

The petition must include the petition report approved by the RSA board under KPB 14.31.065 and a signature page with instructions.

C.

Upon receiving a copy of the petition, the sponsor is responsible for distributing the petition to all property owners within the approved boundaries and collecting the signatures of those property owners who support the formation of the RIAD. Completed petition signature page(s) must be filed with the assessing department within 45 days of the date the assessing department distributes the petitions to the sponsor.

D.

In order for the assembly to consider the proposed special assessment district, the petition must contain the signatures of the owners of record of (a) at least 60 percent of the total number of parcels subject to assessment within the proposed district and (b) at least 60 percent in value of the property to be benefited, in order to be considered by the assembly for formation.

1.

Multiple owners. When a parcel is owned by more than one person or entity, signatures for each owner are required in order for the parcel to count towards the signature thresholds. All signatures shall be consistent with the requirements listed in KPB 14.31.070(D)(2)—(6), as applicable.

2.

Signature by Proxy. Signatures by proxy will not be accepted by the clerk.

3.

Power of Attorney. The signature of a power of attorney will only be accepted by the clerk if the signature is accompanied by a copy of the Power of Attorney document providing authority for such signatures.

4.

Business entities.

a.

Corporations. Where a parcel is owned by the corporation, the petition must be signed by two individuals: one of whom is the chair of the board, the president, or the vice president, and the other of whom is the secretary or treasurer; or by another person or persons who have been given authority via corporate resolution.

b.

Limited liability companies. Where a parcel is owned by a LLC, the petition must be signed by a member if the LLC is member-managed, or by the manager, if a manager has been designated.

c.

Other business owners. Where a parcel is owned by another type of business entity, only those persons who have signatory authority to bind the business entity under Alaska Statutes may sign the petition as owner.

5.

Trusts. Where a parcel is owned by a trust, only the trustee may sign as the property owner. If there are co-trustees, a majority must sign the petition in order for the parcel to count towards the signature thresholds unless otherwise provided in the trust document. The signature of the trustee(s) will only be accepted by the clerk if it is accompanied by a copy of the trust document.

6.

Kenai Peninsula Borough. The mayor shall be the designee for signing any petition when borough land is part of the proposed district. Where the Kenai Peninsula Borough abstains from participating in the petition signature process, the total number of parcels within the district, for the purpose of calculating the signature thresholds, will be reduced by the number of parcels owned by the borough within the proposed district.

E.

A signature on a petition may be withdrawn only by written notice from the signer submitted to the assessing department prior to the final filing of the petition signatures by the sponsor. A withdrawal is effective only if notice of the withdrawal is submitted before the filing of the completed petition.

F.

The sponsor shall timely submit the petition signatures to the borough assessor, who will provide the complete petition, along with supporting documentation, to the borough clerk. If the borough clerk finds that the petition contains sufficient signatures as described in KPB 14.31.070(D), the borough clerk shall certify the petition and submit the petition to the mayor, who will prepare a resolution to form the district and proceed with the improvement under KPB 14.31.090 for assembly consideration.

(Ord. No. 2015-13 , § 1, 6-16-15; Ord. No. 2012-33, § 1, 9-4-12; Ord. No. 97-50, § 1, 1997; Ord. No. 97-32, § 2(part), 1997)