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FY2019-18 Establishing A Commercial Passenger Vessel Excise Tax Fund1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Introduced by: Borough Manager Drafted by: Finance Director Introduced on: 03/07/2019 Public Hearing Date: 03/21/2019 Adopted on: 03/21/2019 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2019-18 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ESTABLISHING A COMMERCIAL PASSENGER VESSEL EXCISE TAX FUND WHEREAS, the Kodiak Island Borough receives funds from the State of Alaska which are generated by the State of Alaska Commercial Passenger Vessel Excise Tax imposed under AS 43.52.200-295; and WHEREAS, AS 43.52.230(b) limits the uses for which Commercial Passenger Vessel Excise Tax funds may be used; and WHEREAS, in addition to State statutory limitations, the Tonnage Clause of the US Constitution, and the Rivers and Harbors Act, 33 USC 5, restrict use of these funds; and WHEREAS, it is more difficult to verify that the funds are used only for permitted purposes if the Commercial Passenger Vessel Excise Tax funds are comingled with other Borough funds which are not subject to the same restrictions, and further, comingling of other funds could have the effect of restricting the permissible uses of those other funds unnecessarily; and WHEREAS, the Kodiak Island Borough Code Section 3.10.110 provides that funds as required will be established; and WHEREAS, the Kodiak Island Borough Assembly finds that it is in the Borough's best interests to create a separate special revenue fund for Commercial Passenger Vessel Excise Tax proceeds received from the State of Alaska. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the Kodiak Island Borough Code of Ordinances. Section 2: A Special Revenue Fund entitled "Commercial Passenger Vessel Excise Tax Fund" will be established by the Kodiak Island Borough and will become a part of the Borough budget and general ledger. Effective Date: This ordinance takes effect upon adoption. Kodiak Island Borough, Alaska Ordinance No. FY2019-18 Page 1 of 2 47 48 49 50 51 52 53 54 55 56 57 58 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS TWENTY FIRST DAY OF MARCH, 2019. KODIAK ISLAND BOROUGH ATTEST: .,a /! l—/ Zn Daniel A. Rohrer, Mayor Nova M. Javier, MMC, VOTES: Ayes: Arndt, Kavanaugh, Schroeder, Skinner, Smiley, Symmons, Turner Kodiak Island Borough, Alaska Ordinance No. FY2019-18 Page 2 of 2