FY2022-10 Amending Kodiak Island Borough Code Title 31
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Introduced by. Finance Department thru the Mayor
Drafted by: Borough Attorney
Introduced on:02/17/22
Public Hearing Date:03/03/22
Adopted on: 03/03/22
KODIAK ISLAND BOROUGH
ORDINANCE NO. FY2022-10
AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING
KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 3 REVENUE AND FINANCE
CHAPTER 3.25 APPROPRIATION AND LEVY SECTION 3.25.030 MAXIMUM ALLOWABLE
PROPERTY TAX REVENUES, LIMITING RESTRICTIONS TO GENERAL FUND PROPERTY
TAX REVENUES
WHEREAS, On October 2, 2018 the voters of the Kodiak Island Borough approved an
ordinance by initiative setting out a maximum allowable tax revenue limit for Borough taxes; and
WHEREAS, In 2021 the Assembly amended the provisions to clarify that the maximum
allowable tax revenue limit applied to areawide real and personal property taxes only; and
WHEREAS, Alaska Statute Section 29.45.100 does not allow limitations on taxes to pay
bonded debt; and
WHEREAS, unlike other Alaska communities that use their General Fund for debt service
payments, the Kodiak Island Borough identifies a property tax levy specifically for debt service
and has a separate Debt Service Fund which accounts for revenues and expenses; and
WHEREAS, the exclusion of debt service from the calculation allows the formula to focus on
the variable areawide property tax revenues and would honor the purpose of the revenue
limitation while easing the administration of the revenue limitation ordinance; and
WHEREAS, the Kodiak Island Borough seeks to maintain a property tax revenue limitation but
leave non -limited debt service out of the formula.
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that:
Section 1: This ordinance is of permanent nature and shall become a part of the Kodiak Island
Borough Code of Ordinances.
Section 2: That section 3.25.030 of the Kodiak Island Borough Code of Ordinances is amended
to read as follows:
3.25.030 Maximum Allowable Property Tax Revenues
A. Except as provided in this section, the total amount of real and personal property taxes that
can be levied or imposed on an areawide basis(excluding amounts levied for debt service
during a fiscal year shall not exceed the total amount approved by the borough assembly for
the preceding year by more than a percentage determined by adding the percentage increase
in the Consumer Price Index for Kodiak (or the Federal Consumer Price Index for Anchorage
if there is none available for Kodiak) from the preceding fiscal year.
Kodiak Island Borough, Alaska Ordinance No. FY2022-10
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B. The limitations set forth in subsection A of this section do not appy to the following:
1. Tax on new construction or property improvements which occur during the current fiscal
year; 0
2 A;4, n pn:opriatinn made
3. 2. Taxes required to fund services authorized by voter -approved ballot issues;
4. 3. Funding of new judgments entered against the Kodiak Island Borough;
& 4- Special appropriations necessary on an emergency basis to fund unavoidable expenses
ensuring the public peace, health or safety
5. Excise taxes, service area property taxes, non-areawide property taxes, property taxes
levied to pay debt service, and severance taxes.
C. The borough assembly shall use the formula and definitions for computation of the total
amount of borough property tax that can be levied or imposed by applying the provisions in
this section and shall, by May 31st of each fiscal year, publish its calculations showing these
computations.
D. The maximum tax revenue allowed under this section is computed for the next fiscal year as
follows:
Formula. The formula for the computation of maximum allowable tax revenue is:
(A -)+D B+F-C=G-D
where:
"A"equals the amount of property tax revenue derived from actual taxes levied on taxable real
and personal property on an areawide basis in the current fiscal year excluding taxes levied
for debt service.
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"P El" is product of the percentage change in the Consumer Price Index for All Urban
Consumers (CPI -U) for Kodiak, Alaska, (or for Anchorage, Alaska, if not available for Kodiak)
during the prior fiscal year (CPI) and the net taxes levied (A --9) in the current fiscal year;
"F C" equals #liS soot , and is the
sum of all the following:
F C.1. The taxes on new construction or property improvements equal the projected tax
revenue from the value of that new construction or property improvements,
computed by multiplying the areawide property tax rate applied to properties during
the current fiscal year by the assessed value of the new construction and property
improvements; 0
Kodiak Island Borough, Alaska Ordinance No. FY2022-10
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Insertion - Blue, Bold, Underlined
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F C.S-2. Areawide property taxes to provide voter -approved services,
9 G44 Areawide property taxes for new judgments;
F C.5-4. Special appropriations necessary on an emergency basis,
"G D" equals the maximum allowable tax revenue for the next fiscal year.
E. The point in time to use for the proper calculation of allowable property tax mill rates, shall
be the next tax rolls as certified by the borough assessor on July 1st of each year. This
specific point in time shall be utilized for both the figures in the prior year and the current
year.
F. As used in this section, the following definitions apply:
"Current fiscal year" is the fiscal year during which the next fiscal year budget is prepared.
"Emergency" is the imminent threat of or the occurrence of widespread damage, injury, or
loss of life resulting from any natural or manmade cause, including, but not limited to, fire,
explosion, flood, earthquake, landslide, mud slide, volcanic activity, avalanche, weather
conditions, epidemic, blight, infestation, riot, loss of public utilities, shortage of food, water,
fuel or clothing, or the accidental release or discharge of toxic substances or hazardous
substances.
"Emergency" does not include appropriations for the normal operations of the borough.
"Fiscal year" means the fiscal year (July 1st through June 30th) for the Kodiak Island
Borough.
"New construction or property improvements" means any improvement which generates a
taxable value not on the tax roll for the current assessment year, including but not limited
to:
1. Construction which increases the value of the property;
2. Any change in the status of land.
.,New judgment" means the judgment reserved sufficient to cover the total cost of all
judgments and arbitration awards during the next fiscal year, including:
1. Principal, interests, fees and costs;
2. Additional services which may be required by a court order.
"Next fiscal year" is the fiscal year following the current fiscal year and for which the new
budget is being prepared.
"Prior fiscal year" is the fiscal year immediately preceding the current fiscal year.
Kodiak Island Borough, Alaska
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Ordinance No. FY2022-10
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"Voter -approved services" includes but is not limited to:
1. An areawide service specifically authorized by the voters in any ballot issue;
2. Programs directly related to voter -approved capital projects which are in addition to
services in the current fiscal year budget;
3. Taxes required to provide a "voter -approved service" are the estimated first full -year
costs of voter -approved services less revenue other than taxes projected to be
generated from the voter -approved services, for the number of months in the next fiscal
year for which the voter -approved service will be provided.
Effective Date: This ordinance takes effect upon adoption.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS THIRD DAY OF MARCH, 2022.
KODIAK ISLA D B ROU.H
_ ATTEST:
William o ert , Mayor
'Tina Cruz, cti orough Clerk
VOTES:
Ayes: Smiley, Turner, Arndt, Delgado, and Griffin
Noes:
Kodiak Island Borough, Alaska
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Ordinance No. FY2022-10
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