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FY2010-03 KHS Bond1 Introduced by: Manager Gifford 2 Requested by: School Board /Assembly 3 Drafted by: Finance Director /Bond Counsel 4 Introduced on: 07/16/2009 5 Public Hearing: 08/06/2009 6 Amended: 08/06/2009 7 Adopted: 08/06/2009 8 9 KODIAK ISLAND BOROUGH 10 ORDINANCE NO. FY2010 -03 11 12 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY 13 AUTHORIZING THE BOROUGH TO ISSUE GENERAL OBLIGATION BONDS 14 IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $76,310,000 15 TO FINANCE THE PLANNING, DESIGN AND CONSTRUCTION OF SCHOOL 16 AND RELATED CAPITAL IMPROVEMENTS IN THE BOROUGH INCLUDING WITHOUT 17 LIMITATION THE RECONSTRUCTION AND RENOVATION OF THE KODIAK HIGH 18 SCHOOL, AND TO SUBMIT THE QUESTION OF THE ISSUANCE OF SUCH BONDS TO 19 THE QUALIFIED VOTERS OF THE BOROUGH AT THE OCTOBER 6, 2009 REGULAR 20 BOROUGH ELECTION 21 22 WHEREAS, under the provisions of AS 29.47.190, a municipality may incur general obligation 23 debt only after a bond authorization ordinance is approved by a majority of those voting on the 24 question at a regular or special election; and 25 26 WHEREAS, educational requirements have changed since Kodiak High School was originally 27 constructed in 1966 as a regional education center; and 28 29 WHEREAS, Kodiak High School's design shortfalls were recognized and multiple remodeling 30 projects have been completed to bring the facility into code compliance; and 31 32 WHEREAS, the last addition of vocational or academic space to Kodiak High School occurred 33 in 1972; and 34 35 WHEREAS, in the late 1980s enrollment at Kodiak High School grew beyond 500 students 36 and a four -phase reconstruction project began; and 37 38 WHEREAS, the fourth phase of the above project, which would have addressed needed 39 additional academic instructional space, was never started; and 40 41 WHEREAS, enrollment at Kodiak High School has soared from 550 students to as high as 42 850 over the past twenty years and is forecasted to remain at approximately 800 students into 43 the foreseeable future; and 44 45 WHEREAS, enrollment projections demonstrate a continued enrollment of 200 or more 46 students above the capacity of the existing Kodiak High School educational facility; and 47 48 WHEREAS, providing the space that currently is needed for Kodiak High School instruction 49 requires the use of community schools facilities, auditorium space and rented space, as well as 50 overcrowding of the existing high school facilities; and Kodiak Island Borough Ordinance No. FY2010 -03 Page 1 of 5 51 52 WHEREAS, the instructional space available for Kodiak High School does not support the 53 instructional programs which are needed to prepare our high school students for success in the 54 world marketplace; and 55 56 WHEREAS, the current state debt service reimbursement plan provides that the State of 57 Alaska will reimburse the Borough for not less than sixty percent (60 %) of debt service on the 58 eligible portion of bonds authorized by the qualified voters of the Borough on or after October 1, 59 2006 but before November 30, 2010, to pay costs of school construction, additions to schools, 60 and major rehabilitation projects; and; 61 62 WHEREAS, the Board of Education and Borough Assembly have commissioned an architect 63 to fully evaluate reconstruction options that support the kind of programs necessary for Kodiak 64 High School to fully meet the educational expectations defined by our community; and 65 66 WHEREAS, the conceptual process has undergone two years of refinement; and 67 68 WHEREAS, the educational facilities and space survey identified that a substantial remodel 69 and new expansion of Kodiak High School will meet instructional space needs in grades K - 70 throughout our community; and 71 72 WHEREAS, the Kodiak Island Borough School District's educational mission is severely 73 compromised by facility limitations at Kodiak High School; and 74 75 WHEREAS, the Board of Education believes the District would be best served by all District - 76 wide services being congregated in renovated space in the existing Kodiak High School 77 building; and 78 79 WHEREAS, public feedback since the first bond election in 2008 has yielded a more cost - 80 effective design for the renovation and expansion of Kodiak High School; and 81 82 WHEREAS, funding for further architectural design work and cost estimation for the 83 renovation and expansion of Kodiak High School depends on voter approval of a bond 84 ordinance for the project; and 85 86 WHEREAS, the School District has identified grants and industry-based tax incentive 87 programs which could fund millions of dollars towards the Borough's debt service for 88 construction of Kodiak High School, but for which an application can be submitted only after a 89 bond ordinance is approved; and 90 91 WHEREAS, the Borough and School District will continue to seek and apply for additional 92 grants and reimbursement options to reduce the debt service cost of the renovation and 93 expansion of Kodiak High School; and 94 95 WHEREAS, $4,490,000 in proceeds of Borough school bonds previously issued for school 96 repair and replacements projects is available for the renovation of Kodiak High School; and 97 98 WHEREAS, the Borough views the school and related capital improvements authorized 99 herein as necessary and beneficial to the community; 100 Kodiak Island Borough Ordinance No. FY2010 -03 Page 2 of 5 101 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 102 BOROUGH THAT: 103 104 Section 1: This ordinance is not of a general or permanent nature and shall not become a 105 part of the Kodiak Island Borough Code of Ordinances. 106 107 Section 2: It is hereby determined to be for a public purpose and in the public interest of the 108 Borough to incur general obligation bonded indebtedness in an amount not to 109 exceed Seventy Six Million Three Hundred and Ten Thousand Dollars 110 ($76,310,000) for the purpose of paying the cost of planning, design, 111 construction, furnishing and equipping of school and related capital 112 improvements in the Borough, including without limitation additions to Kodiak 113 High School, renovation of Kodiak High School for instructional and School 114 District administrative space, and demolition of the Business 115 Department/Learning Center. 116 117 Section 3: The Borough is authorized to borrow the sum of Seventy Six Million Three 118 Hundred and Ten Thousand Dollars ($76,310,000) to finance the capital 119 improvements described in Section 2, and the borrowing shall be evidenced by 120 the issuance of general obligation bonds of the Borough; provided that bonds 121 may not be issued for any project unless the project is eligible for debt service 122 reimbursement by the State of Alaska. The full faith and credit of the Borough 123 are pledged for payment of the principal of and interest on the bonds, and ad 124 valorem taxes upon all taxable property in the Borough shall be levied without - -- 125 limitation as to rate or amount to pay the principal of and interest on the bonds 126 when due. 127 128 Section 4: The Borough shall submit the following proposition to the qualified voters of the 129 Borough at the October 6, 2009 regular Borough election. The proposition must 130 receive an affirmative vote from a majority of the qualified voters voting on the 131 question to be approved. 132 133 PROPOSITION NO. 1 134 GENERAL OBLIGATION BONDS - $76,310,000 - KODIAK HIGH SCHOOL 135 136 Shall the Kodiak Island Borough incur debt and issue general 137 obligation bonds in an amount not to exceed Seventy Six Million 138 Three Hundred and Ten Thousand Dollars ($76,310,000) for the 139 purpose of paying the cost of planning, design, construction, 140 furnishing and equipping of school and related capital 141 improvements in the Borough, including without limitation the 142 projects described below? 143 Kodiak Island Borough Ordinance No. FY2010 -03 Page 3 of 5 169 170 Project Estimated Cost Additions to Kodiak High School $ 44,270,000 Renovate existing Kodiak High School 35,210,000 Renovate part of Kodiak High School for School District Administraion 1,100,000 Demolish Existing Business Department and Learning Center 220,000 Total 80,800,000 Less available Funds in other projects KHS Exterior Insulation and Window Replacement (590,000) KHS Voc Ed Renovation & Pool Reclamation (3,900,000) Total deductions (4,490,000) Total amount of bond issue $ 76,310,000 144 145 The projects are expected to qualify for not less than 60% State 146 debt service reimbursement, funding for which is subject to annual 147 appropriation. The projects will be phased to limit disruption to the 148 education of students, and bonds will be sold only as needed to 149 pay project costs. If the State fully funds the debt service 150 reimbursement program, the average annual debt service payable 151 by the Borough after State reimbursement, is estimated to be 152 $2,108,152 $2,409,317. This amount of debt service may require 153 an additional annual property tax levy of $577 $660 per $250,000 154 of assessed value, or its equivalent. This example of a property 155 tax levy is provided for illustrative purposes only. 156 157 If additional funding becomes available for the projects from 158 grants or other sources, only enough bonds to finish the projects 159 will be sold. 160 161 The bonds shall be secured by a pledge of the full faith and credit 162 of the Borough. (Ordinance No. FY 2010 -03) 163 164 Section 5: The proposition shall be printed on a ballot which may set forth other general 165 obligation bond propositions, and the following words shall be added as 166 appropriate next to an oval provided for marking the ballot for voting by hand or 167 machine: 168 PROPOSITION NO. 1 O YES O NO Kodiak Island Borough Ordinance No. FY2010 - 03 Page 4 of 5 171 Section 6: 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 ATTEST: 188 189 190 191 Sections 2 and 3 of this ordinance shall become effective only if the proposition described in Section 4 is approved by a majority of the qualified voters voting on the proposition at the October 6, 2009 regular Borough election. The remaining sections of this ordinance shall become effective upon adoption by the Kodiak Island Borough Assembly. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SIXTH DAY OF AUGUST, 2009 192 Nova M. Javier, MMC, Borough Clerk KODIAK ISLAND BOROUGH ome M. Selby, Borough May Jd Kodiak Island Borough Ordinance No. FY2010 -03 Page 5 of 5