FY2006-14 Amending Title 3 Adding DelinquencyKODIAK ISLAND BOROUGH
ORDINANCE NO. FY 2006 -14
Introduced by Manager Gifford
Requested by Manager Gifford
Drafted by Finance DepaMrent
Introduced: 061012006
Public Hearing: 07/06/2006
Adopted: 07/06/2006
AN ORDINANCE AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES
TITLE 3 REVENUE AND FINANCE
CHAPTER 3.16 CONTRACT, PURCHASE, SALE, AND TRANSFER PROCEDURES
BY ADDING SECTION 3.16.115 DELINQUENCY
TO ALLOW THE BOROUGH TO OFFSET PAYMENTS TO DELINQUENT ENTITIES AND
TO NOT ALLOW THE BOROUGH TO CONTRACT WITH THOSE ENTITIES
WHEREAS, the Borough has had various vendors and contractors who have not paid taxes levied
by the Borough, special assessments levied by the Borough, charges for utility or municipal waste
services, and other Borough fees; and
WHEREAS, the Borough wishes to require every person, corporation, or other business entity and
their legal principals or officers who receive payments from the Borough to be current on all such
amounts due to the Borough; and
WHEREAS, untimely payment or non - payment of taxes, special assessments, utility services,
municipal waste services, or other Borough fees can adversely effect every taxpayer and the
Borough; and
WHEREAS, the Borough attorney has advised management to add specific wording to the code to
promote a fair and efficient resolution of such delinquencies; and
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1: This ordinance is of a general and permanent nature and shall become a part of the
Kodiak Island Borough Code of Ordinances.
Section 2: Title 3 Revenue and Finance Chapter 3.16 Contract, Purchase, Sale, and Transfer
Procedures is hereby amended by adding Section 3.16.115 Delinquencyas follows:
Chapter 3.16
CONTRACT, PURCHASE, SALE, AND TRANSFER PROCEDURES
Sections:
3.16.010 Contract, purchase, sale, and transfer procedures.
3.16.020 Limitation on manager's authority.
3.16.030 Open market procedures.
3.16.040 Advertising for bids.
3.16.050 Processing of bids.
3.16.060 Local preference.
3.16.070 Exceptions to bidding requirements.
3.16.080 Lowest responsible bidder.
3.16.090 Requirements mandatory.
3.16.100 Change orders -- Manager authority.
3.16.105 Circumvention of bidding requirements prohibited.
Kodiak Island Borough, Alaska Ordinance No. F12006-14
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3.16.110 Competitive sealed proposals -- Negotiated procurement.
3.16.115 Delinquency.
3.16.115 Delinquency
A. The borough shall not award a contract or purchase order to anv person, corporation, or other
business entity who is delinquent in paving (i) any tax levied by the borough: (ii) any special
assessment levied by the borough: (iii) any charge for utility or municipal waste services; or (iv) any
other borough fee due under the Code, unless the person, corporation, or other business entity
cures the delinquency within thirty days after the mailing of written notice of the delinquency. In the
case of a closely held business, this prohibition shall also apply to the delinquency of their legal
principals or officers. For purposes of this section, a payment shall be considered "delinquent"
when it is not made on or before the applicable deadline established by the Borough Code, or by
written notice if the Code does not establish a deadline, or, if the Code does not establish a deadline
and a deadline is not established in a written notice, within 60 days of the mailing of written notice
that the payment is due.
B. The borough may terminate any contract or purchase order if the person, corporation, or other
business entity and, in the case of a closely held business, their legal principals or officers, becomes
delinquent in payment of any of the items listed in subsection (a) of this section, unless the
delinquency is cured within thirty days after mailing of written notice as above.
C. The borough may deduct from any amount otherwise due the person, corporation, or other
business entity and, in the case of a closely held business, their legal principals or officers under
any contract or purchase order an amount equal to the total of all such delinquent amounts that the
contractor owes for (i) taxes levied by the borough: (ii) special assessments levied by the borough;
(iii) charges for borough utility or municipal waste services; and (iv) other borough fees due under
the Code.
D. Nothing in this section shall prevent any person, corporation, or other business entity and in the
case of a closely held business, their legal principals or officers from paving under protest any tax,
special assessment, utility or municipal waste charge, or other borough fee, or pursuing appropriate
judicial or administrative action to contest or recover anv such tax, assessment, charge or fee.
F. For purposes of this section, the term "closely held business" shall mean a corporation, limited
liability company or other business entity which has less than five unrelated (by blood or marriage)
owners.
ATTEST:
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS SIXTH DAY OF JULY 2006
Nova M. Javier, C C, Borough Clerk
Kodiak Island Borough, Alaska
KODIAK ISLAND BOROUGH
me M. Selby, Borough
Ordinance No. FY2006 -14
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