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01_AIntroduced by Manager Cifford Requested by School Board/Assembly Orafted by FinanceDirector/BondCounsel Introduced on 0711612009 Public Hearing 08/0612009 Amended 08/06/2009 Adopted 08/06/2009 KODIAK ISLAND BOROUGH 10 ORDINANCE NO FY2OIO-03 11 12 AN ORDINANE OF THE KODIAK ISLAND BOROUGH ASSEMBLY 13 AUTHORIZING THE BOROUGH TO ISSUE GENERAL OBUGATION BONDS 14 IN THE PRINCIPAL AMOUNT OF NOTTO EXCEED $76310000 15 TO FINANCE THE PLANNING DESIGN AND CONSTRUCTIONOF SCHOOL 16 AND RELATED CAPiTAL IMPROVEMENTS IN THE BOROUGH INCLUDING W1THOUT 17 LIMITATION THE RECONSTRUCTION AND RENOVATIONOF THE KODIAK HIGH 18 SCHOOL ANDTO SUBMIT THE QUESTION OF THE ISSUANCE OF SUCH BONDS TO 19 THE QUALIFIED VOTERS OF THE BOROUGH AT THE OCTOBER 2009 REGULAR 20 BOROUGH ELECTION 21 22 WHEREAS under the provisions of AS 29.47.i90 municipality may incur general obligation 23 debt only after bond authorization ordinance is approved by majority of those voting on the 24 question at regularor special election and 25 26 WHEREAS educational requirements have changed since Kodiak Hi9h School was originally 27 constructed in 1966 as regional education center and 28 29 WHEREAS Kodiak High Schools design shortfalls were recognized and multiple remodeling 30 projects havebeen 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 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 42 650 over the pasttwenty years and is forecasted to remain at approximately 800 students into 43 theforeseeable future and 44 45 WHEREAS enrollment projections demonstrate 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 FY20 10-03 Page of 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 schoolstudents for success inih 54 world marketplace and 55 56 WHEREAS the current state debtservice reimbursement planprovides that theState of 57 Alaska will reimburse the Borough for not less than sixty percent 60%of debtservice on the 58 eligible portion of bonds authorized by the qualified voters of the Boroughon or after October 59 2006 but before November 30 2010 to paycosts 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 53 to fully evaluate reconstruction options that support thekind of programsnecessary for Kodiak 64 High School to fully meet theeducational expectations defined by our community and 65 66 WHEREAS the conceptualprocess has undergone two years of refinement and 67 68 WHEREAS theeducational facilities and space survey identified that substantial remodel 69 and new expansion of Kodiak High School will meet instructional space needs in grades K-12 70 throughoutour community and 71 72 WHEREAS the Kodiak Island Borough School Districts educationalmission is severely 73 compromised by facility limitations at Kodiak HighSchool and 74 75 WHEREAS the Board of Educationbelieves The District would be bestserved 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 sincethe first bond election in 2008has yielded more cost 80 effective design for therenovation and expansion of Kodiak High School and 81 82 WHEREAS funding for further architectural design workand cost estimation for the 83 renovation and expansion of Kodiak High School depends on voter approval of bond 84 ordinance for the project and 85 86 WHEREAS the School District has identified grants and industry-based tax incentive 87 programs which couldfund millions of dollars towards the Boroughs debtservice for 88 construction of Kodiak High School but for which an application canbe submitted only after 89 bond ordinance is approved and 90 91 WHEREAS the Borough and School District Will continue to seekand apply for additional 92 grants and reimbursement options to reduce thedebtservicecost of therenovation and 93 expansion of Kodiak High School and 94- 95 WHEREAS $4490000 in proceeds of Borough school bonds previously issued for school 96 repair and replacements projects is available for therenovation of Kodiak High School and 97 98 WHEREAS the Borough views theschool and related capital improvements authorized 99 herein as necessary and beneficialto the community 100 Kodiak Island Borough Ordinance No FY2O1 0-03 Page of 101 NOW THEREFORE BE IT ORDAINEDBY THE ASSEMBLY OF THE KODIAK ISLAND 102 BOROUGH fl-IAT 103 104 Section Thisordinance is not of general or permanent nature and shall not become 105 part of the Kodiak Island Borough Code of Ordinances 106 107 Section It is hereby determined to be for public purpose and in the public interest of the 108 Borough toincur general obligation bonded indebtedness in an amount not to 109 exceed Seventy Six Million Three Hundredand Ten Thousand Dollars 110 $76310000 for the purpose of paying thecost 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 theBusiness 115 Department/Learning Center 116 117 Section The Borough is authorized to borrow the sum of Seventy Six Million Three 118 Hundredand Ten Thousand Dollars $76310000 to financethe capital 119 improvements described in Section 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 unlessthe project is eligible for debtservice 122 reimbursement by theState of Alaska The full faith and credit of the Borough 123 are pledged for payment of the principal of and interest on the bonds andad 124 valorem taxes upon all taxable property in the Borough shall be levied without 125 limitation as torate or amount to pay the principal of and interest on the bonds 126 when due 127 128 Section The Borough shall submitthe following proposition to the qualified voters of the 129 Borough at the October 2009 regular Borough election The proposition must 130 receive an affirmative vote from majority of the qualified voters voting on the 131 question to be approved 132 133 PROPOSITiON NO 134 GENERAL OBLIGATION BONDS $76310000 KODIAK HiGH SCHO 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 Hundredand Ten Thousand Dollars $76310000 for the 139 purpose of paying thecost 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 FY2OIO-03 Page of Project Estimated Cost Mditions to Kodiak High School 44270000 Renovate existing Kodiak High School 35210000 Renovate part of Kodiak High School for School District Administralon 1100000 Demolish Existing Business Department and Leeming Center 220000 Total 80600000 Less available Funds in other projects KHS Exterior Insulation and Window Replacement 590000 KHS VocEd Renoetion Pool Reclamation 3900000 Total deductions 4490000 Total amount of bond issue 76310000 144 145 The projects are expected to qualify for not less than 60%State 146 debtservice reimbursement funding for which is subject to annual 147 appropriation The projects will be phased to limit disruption to the 148 education of students andbonds wifl be sold only as needed to 149 pay project costs if theState fully fundsthe debt service 150 reimbursement program the average annualdebtservice payable 151 by the Borough after State reimbursement is estimated to be isz $Z408152 $2409317 This amount of debtservice may require 153 an additional annual property tax levy of $77 $66Q per $250000 154 of assessed value or its equivalent This example of property 155 tax Levy is provided for illustrative purposes only 156 157 II 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 pledge of the full faith and credit 162 of the Borough Ordinance No FY 2010-03 163 164 Section The proposition shall be printed on ballot which may set forth other general 165 obligation bond propositions and the following words shall beadded as 166 appropriate next to an oval provided for marking the ballot for voting by hand or 167 machine 168 PROPOSITION NO YES NO 169 170 Kodiak Island Borough Ordinance No FY201003 Page4of 171 Section Sections and of this ordinance shall become effective only if the proposition 172 described in Section is approved by majority of the qualified voters voting on 173 the proposition at the October 2009 regular Borough election The remaining 174 sections of this ordinance thall become effective upon adoption by the Kodak 175 Island Borough Assembly 176 177 ADOPTED BY THE ASSEMBLYOF THE KODIAK iSLAND BOROUGH 178 THISSIXTH DAY OF AUGUST 2009 179 180 181 KODIAK iSLAND BOROUGH 182 .183 186 ome Selby Borough May 187 ATTEST 19.2 Nova Javier MMC Borough Clark Kodiak.lsland Borough Ordinance No FY2O1O-03 Pge5of5