§ 5.35.107. Petition filing; Requirements of petition.

A.

Petition content. The petition, which shall be distributed by the sponsor to all owners of property within the proposed district, shall include: the petition report approved by the mayor under KPB 5.35.105; a statement notifying the property owners to contact the applicable utility for any additional costs that may be required to utilize the improvement; notification that any costs to connect individual parcels to the main improvement are not included in the assessment; a statement notifying property owners that if they subdivide their property, the full balance of the assessment, or prepayment of estimated costs if final assessment has not been determined, must be paid before the final plat may be signed and recorded; and, a signature page with instructions.

B.

Deadline for signatures. The sponsor shall submit the completed petition signature page(s) to the assessing department within 45 days of the date on which the assessing department distributes the petition to the sponsor.

Proposed districts involving more than 150 properties may have additional time, up to 30 days, to collect signatures at the discretion of the mayor, so long as the delay has no negative impact on the utility company's estimate and timeframe for construction. The sponsor shall request the additional time when submitting the notice of intent to proceed with administrative review under KPB 5.35.030(C).

C.

Signature requirements. The petition shall contain the signatures of (a) the owners of record of at least 60 percent of the total number of parcels subject to assessment within the proposed district, and (b) the owners of 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 record owner are required in order for the parcel to count towards the signature thresholds, consistent with the requirements listed in KPB 5.35.107(C)(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 borough 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 a corporation, the petition shall 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 shall 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 shall 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) shall be accepted by the borough 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, shall be reduced by the number of parcels owned by the borough within the proposed district.

7.

Excluded parcels. When a parcel is excluded from the district by the mayor under KPB 5.35.105(B) or by law, the total number of parcels within the district, for the purpose of calculating the signature thresholds, shall be reduced by the number of excluded parcels within the proposed district.

D.

Utility acknowledgement. The petition shall contain or be accompanied by a statement from an authorized officer or employee of the utility whose service is sought to be extended acknowledging that the project as proposed by the petition meets the requirements of the utility and that the utility approves and will support construction of the extension.

E.

Withdrawal of signature. 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 completed petition is filed.

F.

Certification of petition. Once the sponsor files the signed petition with the assessing department, the borough clerk shall determine whether the petition contains sufficient signatures as described in KPB 5.35.107. If the petition meets the requirements of KPB 5.35.107, the borough clerk shall certify the petition and submit the petition to the mayor for preparation of a resolution to form the district and proceed with the improvement under KPB 5.35.110.

(Ord. No. 2018-27 , § 2, 9-4-18; Ord. No. 2016-41 , § 1, 1-3-17; Ord. No. 2015-12 , § 1, 6-16-15; Ord. No. 2011-32, § 12, 9-20-11; Ord. No. 2009-25, § 8, 5-19-09; Ord. No. 96-38, § 1, 1996; Ord. No. 95-16, § 1, 1995; Ord. No. 94-26, § 1(part), 1994; Ord. No. 92-16, § 1(part), 1992)

Note— Formerly § 5.35.050.