2015-08-20 Regular Meeting Kodiak Island Borough
Assembly Regular Meeting Agenda
Thursday, August 20, 2015, 7:30 p.m., Assembly Chambers
Page
1. INVOCATION
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVAL OF AGENDA
5. APPROVAL OF MINUTES
6. AWARDS AND PRESENTATIONS
A. Employee of the Quarter
B. Longevity Awards
C. Manager's Office Update to the Assembly
7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker)
A. Agenda Items Not Scheduled for Public Hearing and General
Comments
8. COMMITTEE REPORTS
9. PUBLIC HEARING
g A. Ordinance No. FY2016-02 Amending Title 2 Administration and
Personnel by Adding Chapter 2.160 Borough Lands Committee.
Ordinance Y 1 - i - Pdf
Ordinance FY201 - n ds Committee Ordinance,-v5.pdf
10. BOROUGH MANAGER'S REPORT
Meeting broadcast live over radio station KMXT 100.1 FM. Citizens'Comments and Public Hearing
Numbers:Toll Free(855)492-9202 and Local 486-3231.
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Page 1 of 151
11. MESSAGES FROM THE BOROUGH MAYOR
12. UNFINISHED BUSINESS
10 - 16 A. Ordinance No. FY2015-11 Amending Various Sections in Title 3
Revenue and Finance Chapter 3.40 Personal Property Tax.
Ordinance FY21 -11 Title Amendments - Boats - Pdf
13. NEW BUSINESS
13.A. Contracts
17 -25 1. Contract No. FY2016-15 Leachate Treatment Plant
Carbon Source Chemicals Procurement.
Contract No. FY2016-15 c r t
Carbon rc Chemicals - Pdf
26 -43 2. Contract No. FY2016-16 Leachate Treatment Plant
Chemicals Procurement.
Contract No. FY2016-16 niv - Leachate Treatment
Plant is s - Pdf
13.13. Resolutions
44 - 54 11.. Resolution No. FY2016-04 Approving Fiscal Year 2016
f Kodiak Island Borough Non Profit Funding.
Resolution 1 - r i t Resolution Rohrer
Resolution 1 - r tit Funding Resolution -
Pdf
55 - 79 2. Resolution No. FY2016-05 Authorizing the Borough to
Issue General Obligation School Bonds in the Principal
Amount not to Exceed $11,000,000 to Provide Funds for
School and Related Capital Improvements in the Borough
and to Pay Costs of Issuing the Bonds, Fixing Certain
Details of Such Bonds, Authorizing Their Sale, and
Providing for Related Matters.
Resolution 1 - Improvements
Resolution - Pdf
Resolution No. FY2016-05 I I i i.
School r substituted.
80 - 102 3. Resolution No. FY2016-06 Authorizing the Borough to
Issue General Obligation School Bonds in the Principal
Meeting broadcast live over radio station KMXT 100.1 FM. Citizens'Comments and Public Hearing
Numbers:Toll Free(855)492-9202 and Local 486-3231.
Visit our website
at fa�;�b(:: k cwoim-il^ iu ll,(isl uild.b ii,ou.q @Kodiak8orough
Page 2 of 151
Amount not to Exceed $10,230,000 to Provide Funds to
Finance the Renewal and Replacement Schedule Related
to Borough-Owned School Facilities, Projects Which are
70% Reimbursable by the State of Alaska and to Pay
Costs of Issuing the Bonds, Fixing Certain Details of Such
Bonds, Authorizing Their Sale, and Providing for Related
Matters.
Resolution 1 - i l
Facilities f
Resolution - I School Facilities Bond
Resolution - Pdf
103 - 112 4w Resolution No. FY2016-07 Authorizing the Borough to
Issue a General Obligation School Refunding Bond in the
Principal Amount not to Exceed $5,970,000 to Refund
Certain Principal Installments of an Outstanding General
Obligation School Bond of the Borough and to Pay Costs
of Issuing the Bond, Fixing Certain Details of Such Bond,
Authorizing Its Sale, and Providing For Related Matters.
Resolution - i -
113 - 121 5. Resolution No. FY2016-08 Amending the Fee Schedule to
Waive Certain Permit Fees Associated with Moving Mobile
Homes From Jackson Mobile Home Park.
Resolution 1 - Pdf
13.C. Ordinances for Introduction
13.D. Other Items
122 - 123 1. Confirmation of Mayoral Appointments of Assembly
Representative(s) to the Kodiak Workforce Regional
Advisory Council, Kodiak Fisheries Work Group, and
Assembly Representative to the City of Port Lions.
Mayoral Appointments gf_Assernbly Representatives -
124 - 128 2. Hiring of a Resource Management Officer.
Managers r Hiring a Resource ManaggE- Pdf
14. EXECUTIVE SESSION
A. Borough Clerk's Performance Evaluation.
15. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker)
Meeting broadcast live over radio station KMXT 100.1 FM. Citizens'Comments and Public Hearing
Numbers:Toll Free(855)492-9202 and Local 486-3231.
Visit our website at ww „ @KodiakBorough l7
A.Aw. ug 0 . Page 3 of 151
16. ASSEMBLY MEMBERS' COMMENTS
17. ADJOURNMENT
18. INFORMATIONAL MATERIALS (No Action Required)
18.A. Minutes of Other Meetings
129 - 151 1. Fire Protection Area No. 1 Board RM, June 24, SM, June
29, SM, and July 17, SM, 2015; Planning and Zoning
Commission RM, June 17, 2015: Solid Waste Advisory
Board RM, November 10, 2014 and RM, July 22, 2015;
Womens Bay Service Area Board RM, July 7, 2015.
Meeting i nute of Other B r s.
18.6. Reports
Meeting broadcast live over radio station KMXT 100.1 FM. Citizens'Comments and Public Hearing
Numbers:Toll Free(855)492-9202 and Local 486-3231.
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Page 4 of 151
AGENDA ITEM #9.A.
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
AUGUST 20,2015
ASSEMBLY REGULAR MEETING
TITLE: Ordinance No. FY2016-02 Amending Title 2 Administration and Personnel by
Adding Chapter 2.160 Borough Lands Committee.
ORIGINATOR: Nova Javier
FISCAL IMPACT: FUNDS AVAILABLE:
Account Number. Amount Budgeted:
SUMMARY STATEMENT:
The Borough Lands Committee ordinance was requested by Mayor Friend.The Committee
will be responsible for review of real property acquisition and disposal of borough land and it
will also provide a forum for input and recommendations to the Assembly.
The powers and duties of the borough lands committee are the following:
A. Assist in identifying creative and workable solutions to ongoing and emerging issues in
selection, acquisition, management, and disposal of borough real property and resources.
B. Provide input for potential land sale plans,
C. Provide input for utilization of borough land that achieves multiple land and housing
options.
D. Collaborate and seek input with private land owners when considering whether
borough land should be developed.
E. Provide for balanced consideration and representation of the viewpoints, problems
and issues regarding borough real property and resources.
F. Provide a forum for discussing development of specific sites and projects.
RECOMMENDED MOTION:
Move to adopt Ordinance No. FY2016-02.
Kodiak Island Borough
Ordinance No. FY2016-02 Amending Title 2 Administration and ... Page 5 of 151
AGENDA ITEM #9.A.
I Inroduced by: Borough Mayor
2 Requested by` Baugh Mayor
3 Drafted by: Borough Mayor 1 Borough Clerk
4 Introduced: 08108x2015
Public Hearing: 0812012015
5
5 Adopted.
7 KODIAK ISLAND BOROUGH
8 ORDINANCE NO. FY2016-02
9
10 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND
I I BOROUGH AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL BY
12 ADDING CHAPTER 2.160 BOROUGH LANDS COMMITTEE
13
14 WHEREAS, Per KIBC 2.100.020, the Assembly, by ordinance, may provide for advisory,
15 regulatory, appellate or quasi-judicial boards or commissions. The ordinance adopted shall
16 prescribe the duties and qualifications of members;and
17
18 WHEREAS, the Borough Lands Committee will provide a forum for input and
19 recommendations to the Assembly; the committee Is responsible for review of real property
20 acquisition and disposal of borough land;and
21
22 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
23 BOROUGH THAT:
24
25 Section 1: This ordinance is of a general and permanent nature and shall become a part
26 of the Kodiak Island Borough Code of Ordinances.
27
28 Section 2: Title 2 Administration and Personnel Is hereby amended to add Chapter 2.180
29 Borough Lands Committee in the Kodiak Island Borough Code.
30
31 Chapter 2.160
32 BOROUGH LANDS COMMITTEE
33 Sections:
34 2.160.010 Created»Membership.
35 2.160.020 Organization.
36 2.160.030 Term-Compensation.
37 2.160.040 Powers and duties.
38 2.160.050 Administrative assistance.
39
40 2.160.010 Created—Membership.There is created a borough lands committee consisting of
4I the following voting members:the mayor,two(2)assembly members,one(1)representative
42 from the Alaska Native Claims Settlement Act(ANCSA) Corporations In the Kodiak region,
43 one (1) borough representative from the Planning and Zoning Commission, one (1) city
44 representative from the planning and zoning commission, and one(1)at large member from
45 the public Members are appointed in accordance with section 2.100.030 and shall meet the
46 qualifications of section 2.100.040 of this title. There will be three (3) nonvoting ex-officio
47 members, the borough resource management officer, community development director and
48 one representative from the United States Coast Guam appointed by the ISC commanding
49 officer.
50
51 2.160.020 Organization.The mayor will serve as the chair and the committee shall designate
52 a vice-chair at the first meeting of the calendar year and shall hold at least one(1)quarterly
53 meeting.
Kodiak Island Borough,Alaska Ordinance No.FY2015-02
Page 1 of 2
Ordinance No. FY2016-02 Amending Title 2 Administration and ... Page 6 of 151
AGENDA ITEM #9.A.
54
55
56 2.150.030 Term--Compensation.
57 A. The mayor shall appoint two (2) assembly members during the annual appointment of
58 assembly member representatives to boards and committees. The Commission shall make
59 recommendations to the mayor for appointment of their members on an annual basis. The
60 representative from ANCSA Corporations and the at large member from the public will serve
61 for three year tarts.
62
63 B. Members of the committee shall serve without compensation. The mayor, assembly
64 members, and commissioners will receive their existing compensation related to their duties
65 as provided for in this title.
66
67 2.160.040 Powers and duties.The borough lands committee will:
68 A. Assist in identifying creative and workable solutions to ongoing and emerging issues in
69 selection, acquisition, management, and disposal of borough real property and
70 resources.
71 B. Provide input for potential land sale plans.
72 C. Provide Input for utilization of borough land that achieves multiple land and housing
73 options.
74 D. Collaborate and seek Input with private land owners when considering whether
75 borough land should be developed.
76 E. Provide for balanced consideration and representation of the viewpoints, problems
77 and issues regarding borough real property and resources.
78 F, Provide a forum for discussing development of specific sites and projects.
79
80 2.160.050 Administrative assistance.
81 The resource management officer shall:
82 A. Refer to the committee,for its discussion,all non-emergency matters within the scope
83 of its powers and duties prior to presenting those matters to the assembly.
84 B. Transmit all recommendations and other communications from the committee to the
85 assembly.
86 The dark's office staff shall:
87 A. Work with the resource management officer in furnishing the committee with copies of
88 all requested documents and other information necessary or reasonably related to
89 committee functions.
90 B. Provide the committee with such supplies,meeting space,and secretarial assistance.
91
92 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
93 THIS DAY OF .2015
94
95 KODIAK ISLAND BOROUGH
96
97
98
99 Jerrol Friend,Borough Mayor
100
101 ATTEST:
102
103
104
105 Nova M.Javier,MMC.Borough Clerk
Kodiak Island Borough,Alaska Ordinance No.FY2016.02
Page 2 of 2
Ordinance No. FY2016-02 Amending Title 2 Administration and ... Page 7 of 151
AGENDA ITEM O.A.
1
"'
2 nll,.)i °IC , ' a Introduced by: Borough Mayor
Requested by: Borough Mayor
3 ' plERS,ION Drafted by: Borough Mayor I Borough Clerk
4 Introduced: 08/06/2015
Public Hearing: 08/20/2015
5
5 Amended:
Adopted:
7
8 KODIAK ISLAND BOROUGH
9 ORDINANCE NO. FY2016-02
10
11 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND
12 BOROUGH AMENDING TITLE 2 ADMINISTRATION AND PERSONNEL BY
13 ADDING CHAPTER 2.160 BOROUGH LANDS COMMITTEE
14
15 WHEREAS, Per KIBC 2.100.020, the Assembly, by ordinance, may provide for advisory,
16 regulatory, appellate or quasi-judicial boards or commissions. The ordinance adopted shall
17 prescribe the duties and qualifications of members;and
18
19 WHEREAS, the Borough Lands Committee will provide a forum for input and
20 recommendations to the Assembly; the committee is responsible for review of real property
21 acquisition and disposal of borough land; and
22
23 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
24 BOROUGH THAT:
25
26 Section 1: This ordinance is of a general and permanent nature and shall become a part
27 of the Kodiak Island Borough Code of Ordinances.
28
29 Section 2: Title 2 Administration and Personnel is hereby amended to add Chapter 2.160
30 Borough Lands Committee in the Kodiak island Borough Code.
31
32 Chapter 2.160
33 BOROUGH LANDS COMMITTEE
34 Sections:
35 2.160.010 Created–Membership.
36 2.160.020 Organization.
37 2.160.030 Term-Compensation.
38 2.160.040 Powers and duties.
39 2.160.050 Administrative assistance.
40
41 2.160.010 Created—Membership.There is created a borough lands committee consisting of
42 the following voting members: the mayor, two (2) assembly members, one (1) representative
43 from the Alaska Native Claims Settlement Act (ANCSA) Corporations in the Kodiak region,
44 one (1) borough representative from the Planning and Zoning Commission, one (1) city
45 representative from the planning and zoning commission, and one (1) at large member from
46 the public. Members are appointed in accordance with section 2.100.030 and shall meet the
47 qualifications of section 2.100.040 of this title. There will be ties ,( four (4) nonvoting ex-
48 officio members: representative from the City of Kodiak council, the borough resource
49 management officer,community development director and one representative from the United
50 States Coast Guard appointed by the ISC commanding officer.
51
Kodiak Island Borough,Alaska Ordinance No.FY2016-02
Page 1 of 2
Ordinance No. FY2016-02 Amending Title 2 Administration and ... Page 8 of 151
AGENDA ITEM #9.A.
52 2.160.020 Organization.The mayor will serve as the chair and the committee shall designate
53 a vice-chair at the first meeting of the calendar year and shall hold at least one(1)quarterly
54 meeting.
55
56 2.160.030 Term---Compensation.
57 A. The mayor shall appoint two (2) assembly members during the annual appointment of
58 assembly member representatives to boards and committees. The Commission shall make
59 recommendations to the mayor for appointment of their members on an annual basis. The
60 representative from ANCSA Corporations and the at large member from the public will serve
61 for three year terms.
62
63 B. Members of the committee shall serve without compensation. The mayor, assembly
64 members, and commissioners will receive their existing compensation related to their duties
65 as provided for in this title.
66
67 2.160.040 Powers and duties.The borough lands committee will:
68 A. Assist in Identifying creative and workable solutions to ongoing and emerging issues in
69 selection, acquisition, management, and disposal of borough real property and
70 resources.
71 B. Provide input for potential land sale plans.
72 C. Provide input for utilization of borough land that achieves multiple land and housing
73 options.
74 D. Collaborate and seek input with private land owners when considering whether
75 borough land should be developed.
76 E. Provide for balanced consideration and representation of the viewpoints, problems
77 and issues regarding borough real property and resources.
78 F. Provide a forum for discussing development of specific sites and projects.
79
80 2.160.050 Administrative assistance.
81 The resource management officer shall:
82 A. Refer to the committee,for its discussion, all non-emergency matters within the scope
83 of its powers and duties prior to presenting those matters to the assembly.
84 B. Transmit all recommendations and other communications from the committee to the
85 assembly.
86 The clerk's office staff shall:
87 A. Work with the resource management officer in furnishing the committee with copies of
88 all requested documents and other information necessary or reasonably related to
89 committee functions.
90 B. Provide the committee with such supplies,meeting space,and secretarial assistance.
91
92 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
93 THIS DAY OF .2015
94
95 KODIAK ISLAND BOROUGH
96
97
98
99 Jerrol Friend, Borough Mayor
100
101 ATTEST:
102
103
104
105 Nova M.Javier, MMC, Borough Clerk
Kodiak Island Borough,Alaska Ordinance No.FY2016-02
Page 2 of 2
Ordinance No. FY2016-02 Amending Title 2 Administration and ... Page 9 of 151
AGENDA ITEM #12.A.
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
AUGUST 20. 2015
ASSEMBLY REGULAR MEETING
TITLE: Ordinance No FY2015-11 Amending Various Sections in Title 3 Revenue and
Finance Chapter 3.40 Personal Property Tax,
ORIGINATOR: Bill Roberts
FISCAL IMPACT: No FUNDS AVAILABLE:
Account Number. Amount Budgeted:
SUMMARY STATEMENT:
April 16, 2015-Ordinance was introduced
May 7, 2015-Public hearing was held and postponed to May 21„2015
May 21, 2015-Ordinance was postponed to August 20„2015
June 25,2015-Assembly discussed this during a work session
The motion to adopt Ordinance No.FY2015-11 is before the Assembly.
Boats and vessels with an overall length longer than 20 feet, measured bow to stem, and
used for commercial purposes are currently taxed at a rate of$1 per foot. One purpose of this
tax was to track vessels for future ad valorem taxation.
In addition to the vessel personal property tax, the Borough collects both raw fish tax and
severance tax from the fishing fleet.
The tax rate of$1 per foot in tax does not provide enough funds to make the administration
and maintenance of these personal property accounts cost effective for the borough.
RECOMMENDED MOTION:
Move to adopt Ordinance No. FY2015-11.
Kodiak Island Borough
Ordinance No. FY2015-11 Amending Various Sections in Title 3... Page 10 of 151
AGENDA ITEM #12,A.
1 Introduced by: Borough Assembly
Requested by: Borough Manager
2 Dratted by7 Borough Assessor
3 Introduced: 04118/2015
4 Pudic Hearing: 05107!2015
Postponed: 0512112015
5 Adopted
6
7
8 KODIAK ISLAND BOROUGH
9 ORDINANCE NO. FY2015-11
l0
I I AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND
12 BOROUGH AMENDING VARIOUS SECTIONS IN TITLE 3
l3 REVENUE AND FINANCE CHAPTER 3.40 PERSONAL
14 PROPERTY TAX
15
16 WHEREAS, AS 29.45.050(b)(2)allows a municipality to classify as to type and exempt or
17 partially exempt some or all types of personal property from ad valorem taxes;and
18
19 WHEREAS, KIBC 3.40.070 was written with the intention of taxing boats and vessels at a
20 rate determined annually by the assembly during the budget adoplion process for boats with
21 an overall length longer than 20 feel, measured bow to stem, rather than on an ad valorem
22 basis;and
23
24 WHEREAS, the current lax rate on boats and vessels is $1 per foot with boats that are
25 equal to or less than 20 feet long exempt from tax;and
26
27 WHEREAS, the current tax rate of$1 per foot does not provide enough funds to make the
28 administration and maintenance of these accounts cost effective for the borough;and
29
30 WHEREAS, the borough collects both raw fists tax and severance tax from the fishing fleet;
31 and
32
33 WHEREAS, it is the intent of the Kodiak Island Borough Assembly to exempt boats and
34 vessels used for commercial purposes from property tax.
35
36 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
37 BOROUGH THAT:
38
39 Section 1: This ordinance is of a general and permanent nature and shall become a part of
40 the Kodiak Island Borough Code of Ordinances.
41
42 Section 2: Title 3 Revenue and Finance Chapter 3,40 Personal Property Tax is hereby
43 amended as follows:
44
Kodiak Island Borough,Alaska Ordinance No.FY2015-11
Page I of 6
Ordinance No. FY2015-11 Amending Various Sections in Title 3... Page 11 of 151
AGENDA ITEM #12.A.
45 Sections:
46 3,40,010 Property subject to taxation.
47 3.40.020 Exemptions.
48 3.40.030 Assessment return.
49 3.40,040 Tax situs of personal property,
50 3 40M Liability for and collection of personal property taxes.
51 3 40M Penalties and interest.
52 0
53 3 40 0 0 Classification of aircraft.
54
55 'For statutory provisions granting the power to assess and collect taxes,see AS 29.35.170;
56 for provisions goveming municipal assessment and taxation generally,see AS 29.45.
57
58 Prior legislation: Code 1974§§3.24.060, 3.24.070,3.24.080 and 3.24.090 and Ords. 83-53-
59 0,84-25-0,96-21 and 2007-16.
60
61 3.40.010 Properly subject to taxation.
62 A.Tangible personal property with a tax situs within the borough is subject to taxation,except
63 where otherwise exempted by borough ordinance or state statute.Tangible personal property
64 Includes all personal property including, but not limited to, furniture, furnishings, fixtures,
65 machinery,equipment used by a business,stock animals,watercraft,aircraft,tools,dies,jigs,
66 patterns and stock used In trade (including inventories, supplies, materials In process, and
67 other similar items).
68 B. All private interests in personal property which is otherwise exempt due to ownership by
69 the federal government,state,borough,other state municipal subdivision or other tax-exempt
70 entity is taxable under this code to the extent of that interest. [Ord. FY2014-10 §11, 2014;
71 Ord.FY2011-07§2,20101.
72
73 3.40.020 Exemptions.
74 A. Individual personal property utilized solely and exclusively for personal, nonbusiness,
75 noncommercial, nonagricultural and nonincome producing uses or purposes is exempt from
76 taxation under this chapter. This includes aircraft, boats and vessels used for nonbusiness,
77 nonagricultural,noncommercial and nonincome producing purposes.
78 B.A taxpayer who files a timely business property return with the assessor shall be exempted
79 the first$20,000 of assessed value of business personal property. For a taxpayer with more
80 than one business personal property tax account,the$20,000 exemption shall be distributed
81 pro rata among all of the taxpayer accounts,based on the proportion of the assessed value in
82 each account to the total assessed value of that taxpayer's business personal property.
83 C.Pursuant to AS 29.45.050(b)(2),the inventories of businesses possessing a valid business
84 license from the state of Alaska are exempt from the tax imposed by this chapter. As used
85 herein, `inventories"means personal property in the hands of a retail or wholesale merchant
86 held for sale or personal property held in the form of raw materials or component parts for the
87 manufacture or production of goods.
Kodiak Island Borough,Alaska Ordinance No.FY2015-11
Page 2 of 6
Ordinance No. FY2015-11 Amending Various Sections in Title 3... Page 12 of 151
AGENDA ITEM #12.A.
88 Q. Pursuant to AS 29.45.050(b)(2), boats and vessels used for commercial purposes
89 such as commercial fishing, charter boat fishing, or freight hauling, and fishing gear
90 (i.e., nets, seines, crab pots, long lines, trawls) and any or all associated paraphernalia
91 utilized for commercial fishing is exempt from property tax. [Ord. FY2014-10 §12, 2014;
92 amended during 7111 supplement;Ord.FY2011-07§2,20101.
93
94 3.40.030 Assessment return.
95 A. Every person with ownership in taxable personal property shall submit to the borough
96 assessor a personal property return of any property owned by him, or In which he has an
97 interest, and of the property held or controlled by him in a representative capacity, in the
98 manner prescribed,which return shall be based on property values existing as of the first day
99 of January of the year for which the return is made. The person making the return in every
100 case shall stale an address to which all notices required to be given to him under this section
101 may he mailed or delivered.The return shall show the nature;quantity;description, Including
102 dale of manufacture; amount; value; purchase price, new or used; depreciable basis; and
103 current condition of all personal property,the place where the property is situated, and said
104 return shall be in such form and Include such additional information as the assessor may
105 prescribe, and shall be signed and verified under oath by the person liable, or his or its
106 authorized agent or representative.
107 B.Said return shall be filed on or before the fifteenth day of January of each tax year, unless
108 the property owner requests, and the assessor approves, an extension that may not exceed
109 30 days.The extension must be requested prior to the January 151h due date„
110 C.The borough assessor may,by notice in writing to any person by whom a return has been
111 made, require from him a further return containing additional details and more explicit
112 particulars and, upon receipt of the notice,that person shall comply fully with its requirements
113 within 30 days.
114 O, In the event of any person failing, refusing, or neglecting to make or file said personal
115 property return of property owned by him, as required herein, the assessor shall make an
116 assessment which shall be as fair and equitable as he Is able to make from the best
117 information in his possession concerning said property and this assessment shall be prima
118 facie evidence for all legal purposes and any related proceedings. (AS 29.45.130(a)) [Ord.
119 FY2014-10§13, 2014; Ord. FY2011-07 §2, 2010;Ord, FY2011-05 §2,2010; Ord. 92-25§2,
120 1992;prior code Ch.3 subch.2§1.Formerly§3.40.010.Code 1974§3.24.0101.
121
122 3.40.040 Tax situs of personal property.
123 A.The tax situs of personal property is presumed to be the Kodiak Island Borough If:
124 1. It Is located within the borough on January 1st of the assessment year, and has been
125 located in the borough for more than a temporary period in the year prior to January;or
126 2. It is normally located within the borough, even though it is outside the borough on
127 January 1st of the assessment year, if it is located outside the borough for only a
128 temporary period of time during the year prior to January 1 st of the assessment year,or
129 3. It is not located in the borough on January ist, but has been kept or used within the
130 borough for any 60 days during the year preceding the January 1st assessment date;or
Kodiak Island Borough;Alaska Ordinance No.FY2015-11
Page 3 of 8
Ordinance No. FY2015-11 Amending Various Sections in Title 3... Page 13 of 151
AGENDA ITEM #11A.
131 4. It normally is returned to the borough between uses elsewhere„ and Is not located in
132 any one place for more than a temporary period.
133 B. For purposes of this code,"temporary period"is defined as 60 days.[Ord.FY2014-10§14,
134 2014; Ord. FY2011-07 §2, 2010; Ord. 85-12-0 §1, 1985. Formerly §3.40.015. Code 1974
135 §3.24,0151.
136
137 3.40.050 Liability for and collection of personal property faxes.
138 A. The owner of personal property assessed is personally liable for the amount of taxes
139 assessed against the property.The tax, together with penally and Interest, may be collected
140 in a personal action brought in the name of the borough.
141 B. if the tax on personal property is not paid when due,the borough may,in addition to other
142 remedies available,enforce the lax lien by distraint and sale of the property after first making
143 demand of the person assessed for the amount of the tax,penally,and interest.The demand
144 shall be in writing addressed to the person whose name appears on the last assessment roll
145 as the owner of the property, describing the personal property assessed and the amount of
146 the tax,penalty,and interest and demanding that the total be paid within 10 days after service
147 of the demand personally or by registered mail.
148 C. If the tax has not been paid after the expiration of 10 days from service of demand, the
149 clerk may issue a warrant directing a peace officer to seize the personal property for which
150 the tax was levied and to sell tl at public auction after at least 15 days' notice of the sale by
151 posting and publication. If the proceeds from the property sold are not sufficient to satisfy the
152 tax, penalty, interest and costs of sale, the warrant may authorize the seizure of other
153 personal property sufficient to satisfy the tax,penalty,interest,and costs of sale,
154 U,The borough has the right to seek payment of any unpaid portion of the tax, penalty and
155 interest by all methods available under law.[Ord.FY2014-10§15,2014;Ord. FY2011-07§2,
[56 2010;Ord.74-12-0§1, 1974; prior code Ch. 3 subch.2§2. Formerly§3.40.020.Code 1974
157 §3.24.020].
158
159 3.40.060 Penalties and Interest.
160 A.A person who files a completed return after the filing deadline,but before the mailing of the
161 assessment notices shall,in addition to other penalties provided by law,be liable for a penalty
162 of five percent of the lax assessed against said personal property for that tax year.
163 B.A person who,either for himself or as agent for another,or as agent,officer,or manager of
164 a corporation,fails to file a return as required by this code prior to February 28th of the current
165 assessment year shall be fined a penalty in the amount of$300.00.
166 C.A person who, either on his own behalf, as agent for another, or as the agent, officer, or
167 manager of a corporation, knowingly makes a false statement, return or list required by this
168 section relating to the amount, kind, or value of personal property subject to taxation by the
169 borough with Intent to avoid or evade the assessment on taxation of the property,or part of it,
170 is guilty of a violation of this chapter, and this action is punishable by a fine of$1,000. (AS
171 29.45.140).[Ord.FY2014-10§16,2014;Ord.FY2011-07§2,2010;Ord.93-36§4, 1993;Ord.
172 92-25 §2, 1992; Ord. 74-8-0 §3, 1974; Ord. 69-4-0 §1, 1969; Ord.67-11-0 §1, 1967; prior
173 code Ch.3 subch.2§3.Formerly§3.40.030.Code 1974§3.24.0301.
174
Kodiak Island Borough,Alaska Ordinance No.FY2015-11
Page 4 of 6
Ordinance No. FY2015-11 Amending Various Sections in Title 3... Page 14 of 151
AGENDA ITEM #12.A.
175 YaFAaW,
176 boWs arW S&-a
177 �ueria$ lbe,
178 4-M-Dfflil [OR901
179 ti*,AP In,ste;n�i!aVIViHe; 11):742�,94t&4-4§4 1;4-M644)
180 X4.46 Of 4 444-444.�L 44�. 4-W;4- 9AY- 04X4,4;0400,4Q,,Z 4
181 §14,44)641-
182
183 3.40.108070 Classification of aircraft.
184 A. Pursuant to AS 29.45,050(b)(2), for purposes of taxation, commercial aircraft that have
185 been Issued an N number by the Federal Aviation Administration ("FAX) by January 1st of
186 the tax year and are less than 12,500 pounds takeoff weight shall be totally exempted from ad
187 valorem taxes and shall be taxed at the rate determined annually by the assembly during the
188 budget adoption process.
189 B.The owner of record of an aircraft that has been dismantled,destroyed or crashed and the
190 FAA N number has been retained by the aircraft's owner of record may submit to the
191 assessor proof of condition that would allow for taxation of that aircraft, If approved by the
192 assessor, at a rate determined by the assembly during the budget adoption process.Aircraft
193 for which such registration or licensing has lapsed or that has not passed the annual
194 inspection required by the FAA shall not qualify on this basis alone for ad valorem taxation
195 unless it has been dismantled,destroyed or crashed.
196 C.Commercial aircraft with a gross takeoff weight of more than 12,500 pounds shall be taxed
197 an an ad valorem basis and in accordance with the Kodiak Island Borough landing schedule
198 formula.The KIB landing schedule formula provides for the prorated calculation of scheduled
199 aircraft by dividing the total hours In a year Into the total time aircraft operated by a scheduled
200 carrier are In the Kodiak Island Borough, and multiplying the result by the assessed value of
201 each aircraft.
202 D.Definitions.For purposes of this section:
203 'Aircraft"means any engine powered contrivance invented,used,or designed to navigate, or
204 fly In,the air and that is capable of being manned and Is required by the FAA to be registered
205 and certified in order to be manned.
206 'Commercial aircraft"means any aircraft transporting passengers and/or cargo or is employed
207 for fish spotting, agricultural, aquacultural or other purposes for some payment, or other
208 consideration,Including money or services rendered.
209 'Crashed" means aircraft for which only parts remain that, due to their condition, can no
210 longer be assembled to create any contrivable aircraft. This shall be evidenced by an FAA
211 accident report and/or copy of an insurance claim that determines the aircraft to be a total
212 loss.
213 'Destroyed'means aircraft that have been damaged by age,weather,neglect and/or external
214 influences outside the owner's control, and only unusable parts remain that, due to their
215 condition, can no longer be assembled to create any contrivable aircraft. This shall be
216 evidenced by photographs and a physical Inspection by the borough assessing staff appraiser
217 if deemed necessary by the borough assessor.
Kodiak Island Borough,Alaska Ordinance No.FY2015-11
Page 5 of 6
Ordinance No. FY2015-11 Amending Various Sections in Title 3... Page 15 of 151
AGENDA ITEM #12.A.
218 "Dismantled"means aircraft that have been voluntarily disassembled and only parts remain
219 that can no longer be assembled to create any contrivable aircraft. Evidence such as
220 photographs and a physical inspection by the borough assessing staff appraiser shall be
221 provided or allowed if deemed necessary by the borough assessor.
222 E. An aircraft owner may appeal the determination of the borough assessor under
223 subsections B and C of this section using the same procedures for appeal of real and
221 personal property assessments as set out in KIBC 3.35.040(0)(3) and 3.35.050(C). [Ord.
225 FY2011-07§2,2010].
226
227 Section 3: This ordinance shall take effect on January 1,2016.
228
229 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
230 THIS DAY OF 2015
231 KODIAK ISLAND BOROUGH
232
233
231
235 Jerrol Friend,Borough Mayor
236
237 ATTEST:
238
239
240
241 Nova M.Javier,MMC,Borough Clerk
Kodiak Island Borough,Alaska Ordinance No.FY2015-11
Page 6of6
Ordinance No. FY2015-11 Amending Various Sections in Title 3... Page 16 of 151
AGENDA ITEM #13.A.1.
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
AUGUST 20.2015
ASSEMBLY REGULAR MEETING
L;
"
TITLE: Contract No. FY2016-15 Leachate Treatment Plant Carbon Source Chemicals
Procurement.
ORIGINATOR: Bob Tucker
FISCAL IMPACT: Yes Approximately FUNDS AVAILABLE: Yes
$136,000 per year
Account Number. 490-703-452-150 Amount Budgeted:
070131530-731-
702-450-110
SUMMARY STATEMENT:
The new Leachate Treatment Plant(LTP)requires several different chemicals to treat
leachate and clean the Membrane Bioreactor(MBR)system. One of the required chemicals is
a carbon source which acts as"food"for the micro-organisms that digest and remove organic
material in the leachate.While there are several different providers of carbon sources,the
specifications for Micro-C, a proprietary product manufactured by Environmental Operating
Solutions(EOS),were used by CH2M HILL for modeling and initial volumetric calculations for
startup of the LTP. Both CH2M HILL and General Electric,the provider of the MBR,are
recommending use of Micro-C for startup and commissioning of the LTP.
Current modeling indicates the plant will require approximately 2,170 gallons of Micro-C per
month.This number may fluctuate up or down over time depending on the concentration of
the leachate.EOS has offered to provide Micro-C for$5.25 per gallon, meaning a one-year
contract is potentially worth approximately$136,000. Because the exact quantity that will be
required is unknown, staff is proposing awarding a contract to EOS to provide Micro-C for
$5.25 per gallon.Payment will be made based on actual quantities provided.
Since there is a requirement for chemicals during startup and commissioning of the LTP,the
Alaska Department of Environmental Conservation has authorized use of project loans to pay
a portion of these costs. It is anticipated that startup and commissioning will require
approximately six months of Micro-C.The balance will be paid for as an operational cost from
the Landfill budget.
The other chemicals required for the treatment process(citric acid, sodium hydroxide, and
sodium hypochlorite)have been issued as a bid package and a contract has been submitted
for Assembly approval.
RECOMMENDED MOTION:
Move to authorize the Manager to execute Contract No. FY2016-15 with Environmental
Operating Solutions of Bourne, MA for Micro-C 2000 in an amount of$5.25 per gallon and not
to exceed$136,000.
Kodiak Island Borough
Contract No. FY2016-15 Leachate Treatment Plant Carbon Sourc... Page 17 of 151
AGENDA ITEM 93.A.1.
KODIAK ISLAND BOROUGH PURCHASE AGREEMENT
Contract Nom FY2016-15
THIS AGREEMENT, made this Twenty-First day of August 2015 , between the Kodiak
Island Borough, acting by and through Its Borough Manager, party of the first part, and
Environmental Operalinq Solullons of Bourne,MA,hereinafter called the Vendor.
WITNESSETH: That the Vendor,for and in consideration of the payment or payments herein
specified and agreed to by the party of the first part, hereby covenants and agrees to furnish
Micro-C 21)00(°CH MICAL") for the Kodiak Island Borough for the unit price of Five dollars
and Twenty-Five Cent($5.2 ter US gallon (Exhibit A).
The Vendor further covenants and agrees that the delivery of said CHEMICAL shall be done to
the complete satisfaction of the Kodiak Island Borough, subject to inspection at all times and
approval by any participating agency of the Government of the United States of America,and in
accordance with the laws of the State of Alaska and rules and regulations of said Federal
Agency.
The Vendor further covenants and agrees that he will abide by and perform all stipulations,
covenants,and agreements specified In the Contract Documents,all of which are by reference
hereby made a part of this Contract, as to all premises therein: and In case any of said
CHEMICAL shall be rejected by the Borough Manager or his assistant or authorized
representative, as defective or unsuitable, then the said CHEMICAL shall be removed or
replaced with other approved CHEMICAL to the satisfaction and the approval of the Borough
Manager or his representatives,at the cost and expense of the Vendor.
To the fullest extent permitted by law,the Vendor agrees to defend,pay on behalf of,indemnify
and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees
and volunteers and others working on behalf of the Kodiak Island Borough against any and all
claims,demands, suits or loss. Including all costs connected therewith, and for any damages
which may be asserted, claimed or recovered against or from the Kodiak Island Borough, its
elected and appointed officials,employees,volunteers or others working on behalf of the Kodiak
Island Borough, by reason of personal injury, including bodily injury or death arxllor property
damage, including loss of use thereof, which arises out of Vendor's negligence (or the
negligence of anyone acting on Vendor's behalf) or the failure of the CHEMICAL. to meet
required specifications.
The agreement entered into by the acceptance of the Vendor's proposal and the signing of this
Agreement consists of the following documents all of which are component parts of said
Agreement and as fully a part thereof as if herein set out in full,and if not attached,as if hereto
attached.
1. Agreement
Page 1 of 3
Contract No. FY2016-15 Leachate Treatment Plant Carbon Sourc... Page 18 of 151
AGENDA ITEM #13.A.1.
2, General Conditions
In the event of any conflict or inconsistency between any of the foregoing documents, the
conflict or Inconsistency shall be resolved upon the basis of the numerical order. The document
or documents assigned the small number or numbers being controlling over any documents
having a larger number In the numerical order set forth above.
The Vendor hereby agrees to receive the prices set forth in the proposal as full compensation
for delivering the CHEMICAL to complete said Agreement to the satisfaction of the Borough
Manager.
It is further distinctly agreed that the said Vendor shall not assign thls contract, or any part
thereof or any right to any of the monies to be paid him hereunder without written consent of the
Kodiak Island Borough.
Payment for services rendered under this Agreement shall be made by the Kodiak Island
Borough within thirty (30) days of delivery, acceptance by the Kodiak Island Borough and
Invoicing by Vendor.
IN WITNESS WHEREOF,The Kodiak Island Borough Manager,by authority In him vested,has
executed this contract on behalf of the Kodiak Island Borough, and the said Environmental
Operating Solutions have hereunto set their hands and seals, the day and year first above
written.
The terms of this agreement shall be from August 21,2015 to August 21,2016 . Following
the Initial contract term, the Borough Manager may offer four (4) additional one (1) year
extensions.
KODIAK ISLAND BOROUGH VENDOR
By By
Charles E.Cassidy,Jr.
Borough Manager Tille'�7L�iCCf]L�r�+-Qf�O
Attest: f
By
Nova Javier,MMC
Boroughs Clerk
Page 2 of 3
Contract No. FY2016-15 Leachate Treatment Plant Carbon Sourc... Page 19 of 151
AGENDA ITEM W.A.1.
GENERAL.CONDITIONS
I. CHEMICALS
Chemicals shall comply with applicablelappropriate Federal and/or industry standards. Nth
each delivered quantity of material,Vendor shall provide an Affidavit of Compliance stating that
the material complies with all provisions of this contract and with all stated references, and a
current Safely Data Sheet.KIB does not guarantee to purchase any definite chemical quantities
and payment will be made only on the basis of actual quantities of each item delivered.Current
modeling indicates approximately 2,170 gallons per month.auanlitles may be either increased
or decreased over the contract term.
If. DELIVERY
Vendor shall deliver all chemicals to the Leachale Treatment Plant at 1203 Monashka Bay
Road, Kodiak,Alaska. KIB staff will be responsible for unloading.All containers shall be sound
and free of leakage, and any defective containers will not be accepted. Costs associated with
replacing any defective containers shall be responsibility of the Vendor. Chemicals are required
to be delivered within 30 days of receiving a delivery request from KIB.
Ill. CONTRACT PERIOD
Contract will be awarded for an initial term of one year with the option of four (4) one-year
extensions. Both KIB and Vendor shall have the opportunity to request a revision to chemical
pricing prior to an extension being exercised. The extension of the contract, if any, shall be
made with the agreement of both parties, and in accordance with Kodiak Island Borough
requirements.
IV. PAYMENT
The Vendor shall submit to the Borough at the end of the each month invoices for services and
materials supplied during that month.Payment terms are net 30 days.Invoices shall be mailed,
emailed, or delivered to Kodiak Island Borough, Attn: Engineering and Facilities Department,
710 Mill Say Road,Kodiak,AK 99615.
V. TERMINATION
In the event the Vendor fails,at any time,10 comply with,fully perform,or strictly adhere to any
covenant, condition or representation contained within the contract.KIB shall have the right to
give written notice to the Vendor of such failure. If such failure is not cured to KIB's satisfactian
within thirty(30)days from the time of delivery to Vendor of such notice,KIB shall have the right
to terminate immediately without the requirement of further notice. In case of termination, KIB
reserves the right to procure the services from other sources and to hold the Vendor responsible
for any excess costs occasioned to the KIB thereby.
Page 3 of 3
s
Contract No. FY2016-15 Leachate Treatment Plant Carbon Sourc... Page 20 of 151
AGENDA ITEM #13.A.1.
EXHIBIT!W
Environmental Operating Solutions, Inc Customer Quote
environmental r3�a 160 Ma Nthur Blvd pale: 5/2112015
pperatlnb rrrn
Setutlenr 0 ease ra waBourne,MA 02532 Valid Through: 12/3112015
Phone:(508)-743.8440 Toll Free:(866)-MiuoC-1
ww.w-MIcroGcom
Sales Person: Brad Hite
Contact: 616.566.7308
Customer Info: Ship To:
Dave Conrad Dave Conrad
Kodiak Island Borough Kodiak Island Borough
1.203 Monashka Bay Road 1203 Manashka Say Road
Kodiak AK 996]5 Kodiak,AK 99615
�., z
= P,�odi�Yct
MivoC 2000 Bulk 1 4000 $ 5.75 $ .21.000.00
Notes
L Payment Terms Net 30 days ,�(►,��
2.Product Terms:FOB DmUnation C!-
3.Equipment Terms:FOB Shipping Paint Page 1 of 1
Contract No. FY2016-15 Leachate Treatment Plant Carbon Sourc... Page 21 of 151
AGENDA ITEM W.A.1.
TECHNICAL MEMORANDUM G'112MHILL
Recommended Carbon Source for Kodiak Leachate
Treatment Plant Startup
PREPARED FOR: Matt Gandel/KIB
COPY T& Dave Conrad/KIB
PREPARED BY: Cory Hinds/CH2M
DATE: Revision 1: July 22,2015
PROJECT NUN": 354650
CH2M HILL recommends sole-source purchase of Micro-C I by Operating Solutions,Inc.for startup and
commissioning of the leachate treatment plant. CH2M HILL researched similar glycerol products during the
design phase and selected Micro-CIO because of its lower viscosity(reduced headloss),carbon stability,and
availability in the Pacific Northwest. The specifications for this specific product were used in our modeling
and initial volumetric calculations for startup.
snoo
-Bu`Fuel 5000 ASL
® . r ... �wMYcrOC2 L ..
� ., 1 i
5000 ...
_ _—4—MicroC 10W-A5L
BloCarb DN,.,ASL
"Bug Fuel 50004BF ..
4000 I 4 1 MIcroc 2 -BE
- j ru MlcroC 1 -BE
� � Il l� .�r � � ��—����Bug Fuel.8g ..
yI
3000 M...... ,m_
2000
1o0o f J
-15 0 15 30 45 60 75
�a�G,^:u...«< Temperature('F)
v' arboh Product viscosities as a Fnartlon or Tetnperaturr
zpiiyrzzfeeawerm� wpuec�eidoc�i[�+aEnr xrr m] 1
Contract No. FY2016-15 Leachate Treatment Plant Carbon Sourc... Page 22 of 151
AGENDA ITEM W.A.1.
Op�wting r r r r
wruwr
��� wwrrwwws
wwrwwwrr
May 21, 2015
Reference:MicroC 2000" Proprietary Supplemental Carbon Source
To Whom It May Concern:
This letter is to confirm that Environmental Operating Solutions,Inc.(EOSi),a Corporation
with principal address of 160 MacArthur Boulevard,Bourne,Massachusetts 02532-3919,
is a sole source manufacturer of MicroC 20001,a proprietary supplemental carbon source
formulation that is used in wastewater denitrification applications.
If you require additional information,l can be reached at(508)743-8440 ext 14.
Sincerely,
Maurice Gutierrez
Vice President.Sales and Marketing
8N 8P' a',`�hrett�muur daw,�riupo
5uuft(,ftwneaNWA02" 3a'„949 vur 8 WWVb W.TcC4 � �-ion, (UM)INudf3,8 A r,u i(RZ: °8'4!8 14
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Contract No. FY2016-15 Leachate Treatment Plant Carbon Sourc... Page 23 of 151
AGENDA ITEM #13.A.1.
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Contract No. FY2016-15 Leachate Treatment Plant Carbon Sourc... Page 24 of 151
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Freezing Point("C) -.19,Maam ;35 ASTM 01171.07
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Contract No. FY2016-15 Leachate Treatment Plant Carbon Sourc... Page 25 of 151
AGENDA ITEM #13.A.2.
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
AUGUST 20, 2015
ASSEMBLY REGULAR MEETING
TITLE: Contract No. FY2016-16 Leachate Treatment Plant Chemicals Procurement.
ORIGINATOR: Bob Tucker
FISCAL IMPACT: Yes Approximately FUNDS AVAILABLE: Yes
$147,000 per year
Account Number: 490-703-452-150 Amount Budgeted:
07013 1 530-731-
702-450-110
SUMMARY STATEMENT:
The new Leachate Treatment Plant(LTP)requires several different chemicals to treat
leachate and clean the Membrane Bioreactor(MBR)system, including citric acid,sodium
hydroxide, and sodium hypochlorite.The sodium hypochlorite is used to break down nitrates
and aids in the degradation of the leachate components.The citric acid and sodium hydroxide
are used clean the MBR equipment.A carbon source is also required for operation of the
MBR,and a separate contract for that material has been submitted for Assembly approval.
Current modeling indicates that on a annual basis the plant will require approximately 350
gallons of citric acid, 27,000 gallons of sodium hydroxide,and 450 gallons of sodium
hypochlorite.These amounts may fluctuate up or down over time depending on the
concentration of the leachate.
Staff issued a bid package on July 9,2015 for procurement of these chemicals. Bids were
due July 31,2015. Despite placing newspaper ads in Kodiak,Anchorage,and Seattle, only
one bid was received,from Univar USA Inc. of Anchorage.Multiplying Univar's unit bid prices
by the projected amount of each chemical required means a one-year contract is potentially
worth approximately$147,000. Because the exact quantity of each chemical that will be
required is unknown, staff is proposing awarding a contract to Univar based on the unit prices
provided in their bid. Payment will be made on actual quantities provided.
Since there is a requirement for chemicals during startup and commissioning of the LTP,the
Alaska Department of Environmental Conservation has authorized use of project loans to pay
a portion of these costs. It is anticipated that startup and commissioning will require
approximately six months of chemicals.The balance will be paid for as an operational cost
from the Landfill budget.
RECOMMENDED MOTION:
Move to authorize the Manager to execute Contract No. FY2016-16 with Univar USA Inc. of
Anchorage.Alaska for Leachate Treatment Plant Chemicals in an amount of$9.55 per gallon
for citric acid,$5.25 per gallon for sodium hydroxide, and$5.80 per gallon for sodium
hypochlorite for the total amount not to exceed$147,000.
Kodiak Island Borough
Contract No. FY2016-16 Leachate Treatment Plant Chemicals Pr... Page 26 of 151
AGENDA ITEM #93.A.2.
KODIAK ISLAND BOROUGH PURCHASE AGREEMENT
Contract No. FY2016-16
THIS AGREEMENT, made this Twenty-First_day of August 2015 , between the Kodiak
Island Borough,acting by and through its Borough Manager,party of the first part,and Univar
USA Inc. of Anchorage.AK,hereinafter called the Vendor.
WITNESSETH: That the Vendor, for and in consideration of the payment or payments herein
specified and agreed to by the party of the first part, hereby covenants and agrees to furnish
Citric Acid, Sodium Hydroxide, and Sodium Hypochlorite ('CHEMICALS") for the Kodiak
Island Borough per the Invitation to Bid for same and for the unit prices of
• Nine Dollars and Fifty-Five Cents($9.55)per US gallon for Citric Acid
• Five Dollars and Twenty-Five Cents($5.25)per US gallon for Sodium Hydroxide
• Five Dollars and Eighty Cents($5.80)per US gallon for Sodium Hypochlorite
The Vendor further covenants and agrees that the delivery of said CHEMICALS shall be done to
the complete satisfaction of the Kodiak Island Borough, subject to inspection at all times and
approval by any participating agency of the Government of the United States of America,and in
accordance with the laws of the State of Alaska and rules and regulations of said Federal
Agency,
The Vendor further covenants and agrees that he will abide by and perform all stipulations,
covenants, and agreements specified in the Contract Documents,all of which are by reference
hereby made a part of this Contract, as to all premises therein: and in case any of said
CHEMICALS shall be rejected by the Borough Manager or his assistant or authorized
representative, as defective or unsuitable, then the said CHEMICALS shall be removed or
replaced with other approved CHEMICALS to the satisfaction and the approval of the Borough
Manager or his representatives,at the cost and expense of the Vendor.
To the fullest extent permitted by law,the Vendor agrees to defend,pay on behalf of,indemnify
and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees
and volunteers and others working on behalf of the Kodiak Island Borough against any and all
claims, demands, suits or loss, including all costs connected therewith, and for any damages
which may be asserted, ctalmed or recovered against or from the Kodiak Island Borough, its
elected and appointed officials,employees,volunteers or others working on behalf of the Kodiak
Island Borough, by reason of personal injury, including bodily injury or death and/or property
damage, including loss of use thereof, which arises out of or is in any way connected or
associated with this Agreement.
The agreement entered into by the acceptance of the Vendors bid and the signing of this
Agreement consists of the following documents all of which are component parts of said
Agreement and as fully a part thereof as if herein set out in full, and if not attached„as if hereto
attached.
Contract No. FY2016-16 Leachate Treatment Plant Chemicals Pr... Page 27 of 151
AGENDA ITEM #13.A.2.
1, Agreement
2. Invitation to Bid
In the event of any conflict or inconsistency between any of the foregoing documents, the
conflict or inconsistency shall be resolved upon the basis of the numerical order The document
or documents assigned the small number or numbers being controlling over any documents
having a larger number in the numerical order set forth above
The Vendor hereby agrees to receive the prices set forth in the proposal as full compensation
for delivering the CHEMICALS to complete said Agreement to the satisfaction of the Borough
Manager.
It is further distinctly agreed that the said Vendor shall not assign this contract, or any part
thereof or any right to any of the monies to be paid him hereunder.
Payment for services rendered under this Agreement shall be made by the Kodiak Island
Borough within thirty (30) days of delivery, acceptance by the Kodiak Island Borough and
invoicing by Vendor-
IN WITNESS WHEREOF,The Kodiak Island Borough Manager,by authority in him vested, has
executed this contract on behalf of the Kodiak Island Barough, and the said Univar USA Inc.
have hereunto set their hands and seals,the day and year first above written.
The terms of this agreement shall be from August_21-2015 to August 21.2018 .Following
the initial contract term, the Borough Manager may offer four (4) additional one (1) year
extensions.
KODIAK ISLAND BOROUGH VENDOR
By By
Charles E.Cassidy,Jr.
Borough Manager Title:
Attest:
By
Nova Javier,MMC
Boroughs Clerk
Contract No. FY2016-16 Leachate Treatment Plant Chemicals Pr... Page 28 of 151
AGENDA ITEM #13.A.2.
LEAC 3-wrE TREATMENT PLANT CIMIMCAL PROCUREMENT
EXHIBIT A
811D FORM
Company Merne........... UnWrUSAhr
...........................................................
Representative IIw arne Ken Laumbedson Tille Ustota Mimagar
..............................
Address 590 E 10M,14 Avenue
cfty�................ w Naska
qW, ........................................................ p rx d 9tm 1 F�
zi e "
Phone Nurnber............................ 907-344-1444 Email address ken'Wnbeden@wftnPsamx-n
...................................—.-......................................
.................................................................
Chemical Price--7&TT..m aff7m.. ira-
Citric Acid(50%) S 204.00 per 2"MUS gal IBC tote
4T040—Es mu'EMMM-
Sodium Hydroxide(2511%) . .............................. ...............................................................per"08 US ISO container
Rba 04ADM
.....................................................I I
Sodium IHyp oclikwita(H.":.qFi-Y per HIS US gap IRC tote
............................................................................................................................................................................
All pricos almye shall include aist for delivery to Leachate"Y'reatinank Plant at 1203 Moneshka
Bay Road,Kodiak,Mask&
Bidders are Vwvrnifiad W bid on some or ah of the cheirrbum: l Iliirrted atiove.,KIB reserve-s Me fight
to award one or rnore m. Mracls to the bkW,ar or bidder s who twepose the II owest price for each
of Me above ralmancPci items,
Provide Firve (5) other contracts of a sirnilar nature for which the Vendor has stapplied lbulk
dhemkmls vAbin Um last Wn(10)years and the gross dollar amount of each contract,together
with the Owirmirs narne and phone number.
Owner Phorle Chemicals Supplied Amount
conamph9kni W-776-2097
EM W"Wedon Cnuullrw dMff*W MMS
BP IExpbzxiir bn 907-6644M
Randy Nkker..sairii
70--n-1-7 VV8 41-5 MeTfl—v UWY—1$07-720-6—9U iu:iioarw I y�uror,ur G—r
Tom%WmkMr
.................
..................
iv a ..E
Ay a PIUMMIr 907-435•-31•1 Ca ursN hcSoda- Raab ch.rlm K--
Todd Cook
-CEY-01'.793M—a
Rk*Worxf +
Page 6 of 10
Contract No. FY2016-16 Leachate Treatment Plant Chemicals Pr... Page 29 of 151
AGENDA ITEM #13.A.2.
LEACHATE TREATMENT PLANT CHEMICAL PROCUREMENT
Sidder Is required to.:Icknowle dg IrecM1pI of ah addeind&PrOvide the number and dale of each,
Allachiaddhkuwl ghepir,if necermary,
Addendum 1,9uimber Dale
kww,Kkwn 9 1 hAy W,2015
Addandism Irk 2 'PLOY 21"ni's
..........I... ............................
....................................................................I............................................ —
11 haw read aivl understancIl the recItOwnenIs of Ws ImAtaWn lo IBid ang:1 agree tc comply
except as noled bekwip(affarl aftfiwal sheets It ncq,;,esssry):
Flaii:,ka(ing km warm irrwAfied ror baM ew In.K39.
.............
SrAkfim kypadAoMe 103%wwu usodrml ID 12.5%,Iia arxawwnw s4w4grdzed commemW awdladtfly,
..........................................................................................................................................................................................................
.............................................................I................................................................................................................................................................................................ ..................... ..........................................
Kars 1)I.aft-ummn
t... Jully 27.20 IS
Submifteid by.�y- F....................... . ........................... ................
Page"?o 10
Contract No. FY2016-16 Leachate Treatment Plant Chemicals Pr... Page 30 of 151
AGENDA ITEM #13.A.Z
KODIAK ISLAND BOROUGH
LEACHATE TREATMENT PLANT
CHEMICAL PROCUREMENT
ISSUED: JULY 9, 2015
Contract No. FY2016-16 Leachate Treatment Plant Chemicals Pr... Page 31 of 151
AGENDA ITEM #13.A.2.
LEACHATE TREATMENT PLANT CHEMICAL PROCUREMENT
INVITATION FOR BIDS
The Kodiak island Borough will receive sealed bids until 3:00 pm(local time),July 21,2015,for
the LEACHATE TREATMENT PLANT CHEMICAL PROCUREMENT,Kodiak,Alaska.
The scope of work is to provide chemicals for the Leachate Treatment Plant, Including all
shipping costs to the plant in Kodiak, Alaska. The chemicals to be purchased are citric acid,
sodium hydroxide,and sodium hypochlorile.
The Kodiak Island Borough reserves the right to reject or accept any or all bids, to waive
Irregularities or informalities In the bid or in the bidding, and to give particular attention to the
qualifications of the Bidder.
Bid documents are available on the Kodiak Island Borough websile at www.kodiakak.us.
CONTACT PERSON:
Dave Conrad,Project Manager
Engineering/Facilities Department
Kodiak Island Borough
710 Mill Bay Road
Kodiak,Alaska 99615
Phone:(907)486-9210
Fax:(907)486-9347
Email;dconradQkodiakak us
Bid Package Available July 9,2015
SUBMIT BIDS TO:
Office of the Borough Manager-Room 125
Kodiak Island Borough
710 Mill Bay Road
Kodiak,Alaska 99615
Bids will be received only in the Borough Manager's Office and only until the time stated above„
at which time they will be publicly opened and read aloud. Bids received after the time stated
above will be returned unopened. Bid envelopes must be clearly marked LEACHATE
TREATMENT PLANT CHEMICAL PROCUREMENT.
Charles E.Cassidy,Jr..
Borough Manager
Page 1 of 10
Contract No. FY2016-16 Leachate Treatment Plant Chemicals Pr... Page 32 of 151
AGENDA ITEM #13.A.Z
LEACHATE TREATMENT PLANT CHEMICAL PROCUREMENT
I. SCOPE OF WORK
The Kodiak Island Borough (KIB) desires to purchase chemicals for its Leachate Treatment
Plant.Chemicals are described in more detail in Section II below. Bidders shall not change the
quantities but bid only as requested. Changes to bid quantities may render your bid as non-
responsive and be a cause for rejection.
Bidders are permitted to bid on some or all of the chemicals listed in Section II and on the Bid
Form(Exhibit A).KIB seeks to award one or more contracts based on the lowest price for each
chemical listed In Section II and on the Bid Form(Exhibit A).There are three types of chemicals
needed.Therefore,KIB may award up to three separate contracts to three separate bidders.
If. CHEMICALS
Chemicals listed below shall comply with applicable/app(opriate Federal and/or Industry
standards. With each delivered quantity of material, Vendor shall provide an Affidavit of
Compliance slating that the material complies with all provisions of this Invitation to Bid and with
all slated references,and a current Safety Data Sheet provided by the chemical manufacturer.
Quantities shown below are estimated for the first year of plant operation. KIB does not
guarantee to purchase any definite quantities of any or all chemicals, and quantities shown
below and on Bid Form are estimates and are stated only for bid comparison purposes.
Payment will be made only on the basis of actual quantities of each Item delivered. Quantities
may be either increased or decreased over the contract term.
Chemical Type % Approximate Usage
(1"year) Delivery Size
Citric Add Liquid 50% 350 US gat 275 US gal IBC tote
Sodium Hydroxide Liquid 25% 27,000 US gal 5,000 US gal ISO container
Sodium Hypochlorite Liquid 10.3% 450 US gal 275 US gal IBC tote
III. DELIVERY
All bid prices shall Include the cost to deliver chemicals to the Leachate Treatment Plant at 1203
Monashka Bay Road, Kodiak,Alaska. KIB staff will be responsible for unloading.All containers
shall be sound and free of leakage, and any defective containers will not be accepted. Costs
associated with replacing any defective containers shall be responsibility of the Vendor,
Chemicals are required to be delivered within 30 days of receiving a delivery request from KIB.
Page 2 of 10
Contract No. FY2016-16 Leachate Treatment Plant Chemicals Pr... Page 33 of 151
AGENDA ITEM #93.x.2.
LEACHATE TREATMENT PLANT CHEMICAL PROCUREMENT
IV. CONTRACT PERIOD
Each contract will be awarded for an initial term of one year with the option of four(4)one-year
extensions. The contract period shall begin following approval of the contract by the Borough
Assembly,anticipated to be approximately August B,2015.Both KIB and Vendor shall have the
opportunity to request a revision to chemical pricing prior to an extension being exercised.The
extension of the contract, tf any, shall be made with the agreement of both parties, and in
accordance with Kodiak Island Borough requirements.
V. PAYMENT
The Vendor shall submit to the Borough at the end of the each month invoices for services and
materials supplied during that month.Payment terms are net 30 days.Invoices shall be mailed,
emailed, or delivered to Kodiak Island Borough, Attn: Engineering and Facilities Department,
710 Mill Bay Road,Kodiak,AK 99615.
VI. SCHEDULE AND SUBMISSION
1) Schedule
Bid Package Available:July 9,2015
Sealed Bids Due:July 21,2015 at 3:00 pm local time
The Borough reserves the right to make adjustments to the above noted schedule as
necessary;.
2) Questions
Bidders may contact the Borough for clarification and information pertaining to this request for
bids,Any requests for information or clarification must be submitted In writing by email to Dave
Conrad at doonrad @kodiakak.us before July 17,2015 at 4:00 P.M.Alaska time.
All written questions and written responses to all questions will be posted on the Borough's web
page as Addenda and emailed to all registered bidders.All addenda will be included in contract
documents.
3) Bid Submission
Bids submitted in response to this Invitation to Bid must meet the specifications set forth herein.
Only those bidders providing complete information as required will be considered for evaluation.
Any major deviation from these specifications will be cause for rejection of the bid at the
Borough's discretion.
Page 3of10
Contract No. FY2016-16 Leachate Treatment Plant Chemicals Pr... Page 34 of 151
AGENDA ITEM #13.A.2.
LEACHATE TREATMENT PLANT CHEMICAL PROCUREMENT
Bids must include the following Information:
Cover Letter,Including:
a) Project title
b) Name and address of the entity submitting the bid
c) Contact person's name, mailing or street addresses, phone and fax numbers and
email address
d) Submission of the letter will constitute a representation by your firm that your firm is
willing and able to perform the commitments contained In the bid.
Completed Bid Form and Accnowlednement of Addenda
Bidders are required to submit a bid price and acknowledge any Issued addenda on the
attached Exhibit A.
The Borough intends to award this contract to the firm that It considers will provide the best
overall product.The Borough reserves the right to accept other than the lowest prk*d offer and
to reject any bids that are not responsive to this request.
4) Submittal
One original and one copy of your bid package must be received by the Office of the Borough
Manager no later than 3:00 P.M.(local lime),July 21,2015.Bids shall be sealed and addressed
to:
Office of the Borough Manager—Room 125
Kodiak Island Borough
710 Mill Bay Road
Kodiak,Alaska 99615
The outside of the sealed envelope must be identified as: LEACHATE TREATMENT PLANT
CHEMICAL PROCUREMENT.
Late bids and bids sent by facsimile or email will not be accepted. It shall not be sufficient to
show that the bid was mailed In time to be received before scheduled closing time, postmarks
will not be accepted.
VII. TERMS AND CONDITIONS
1) Errors and Omissions
Bidders are responsible for reviewing all portions of this Invitation to Bid. Proposers are to
promptly notify the Borough, in wrlling, if the proposer discovers any ambiguity, discrepancy,
omission or other error In the Invitation to Bid. Any such notification should be directed to the
Page 4 of 10
Contract No. FY2016-16 Leachate Treatment Plant Chemicals Pr... Page 35 d 151
AGENDA ITEM #13.A.2.
LEACHATE TREATMENT PLANT CHEMICAL PROCUREMENT
Borough promptly after discovery,but in no event later than fire working days prior to the date
for receipt of bids.
2) Contract
Bid prices shall be good for 90 days.A successful bidder will be expected to enter into a written
contract with the Kodiak Island Borough prior to the purchase of the equipment.A copy of the
standard Kodiak Island Borough Purchase Agreement Is attached as Exhibit B.
3) Termination for Cause
In the event the Vendor fails,at any time,to comply with,fully perform,or strictly adhere to any
covenant, condition or representation contained within the contract, KIB shall have the right to
give written notice to the Vendor of such failure. If such failure is not cured to KIB's satisfaction
within thirty(30)days from the time of delivery to Vendor of such notice,KIB shall have the right
to terminate Immediately without the requirement of further notice. In case of termination, KIB
reserves the right to procure the services from other sources and to hold the Vendor responsible
for any excess costs occasioned to the KIB thereby.
4) Specifications
Any deviations from bid specifications Indicated herein must be clearly stated otherwise It will be
considered that items offered are in strict compliance with the specifications, and successful
bidder will be held responsible.Deviations must be explained in detail.
5) Placing of Orders
The award of this bid does not constitute an order. Before shipments or service provided the
bidder must receive a contract approved by the Borough Assembly and signed by the Borough
Manager.
Page 5 of 10
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AGENDA ITEM #13.A.Z
LEACHATE TREATMENT PLANT CHEMICAL PROCUREMENT
EXHIBIT A
DID FORM
Company Name
Representative Name Tille
Address
City State Zip Code
Phone Number Email address,,,,,,,,
Chemical Price
Citric Acid(50%) $ ..,,,,,, ,,,,,,,m............................per 275 US gal IBC tole
Sodium Hydroxide(25%) 1;,,,,,,,,,,,, per 5,000 US ISO container
Sodium Hypochlorile(10.3°0 S per 275 US gal IBC tote
All prices above shall include cost for delivery to Leachate Treatment Plant at 1203 Monashka
Bay Road,Kodiak,Ataska.
Bidders are permitted to bid on some or all of the chemicals listed above.KIB reserves the right
to award one or more contracts to the bidder or bidders who propose the lowest price for each
of the above referenced items.
Provide five (5) other contracts of a similar nature for which the Vendor has supplied bulk
chemicals within the last ten(10)years and the gross dollar amount of each contract, together
with the Owner's name and phone number..
Owner Phone Chemicals Supplied Amount
i
Page 6 of 10
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AGENDA ITEM #13.A.2.
LEACHATE TREATMENT PLANT CHEMICAL PROCUREMENT
Bidder is required to acknowledge receipt of all addenda, Provide the number and date of each.
Attach additional sheets if necessary.
Addendum Number Dale
I have read and understand the requlrements of this Invitation to Bid and agree to comply
except as noted below(attach additional sheets if necessary):
Submitted by: Date:
Page 7 of 10
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AGENDA ITEM #13.A.2,
LEACHATE TREATMENT PLANT CHEMICAL PROCUREMENT
EXHIBIT B
KODIAK ISLAND BOROUGH PURCHASE AGREEMENT
Contract No. 2016-XX
THIS AGREEMENT, made this day of , 2015, between the
Kodiak island Borough,acting by and through Its Borough Manager, party of the first part,and
of ,hereinafter called the Distributor,
WITNESSETH: That the Distributor, for and In consideration of the payment or payments
herein specified and agreed to by the party of the first part, hereby covenants and agrees to
furnish for the Kodiak Island Borough per the Invitation to Bid for some and for
the unit prices detailed on Exhibit A,Bid Form.
The Distributor further covenants and agrees that the delivery of said CHEMICALS shall be
done to the complete satisfaction of the Kodiak Island Borough,subject to Inspection at all times
and approval by any participating agency of the Government of the United States of America.
and in accordance with the laws of the Slate or Alaska and rules and regulations of said Federal
Agency.
The Distributor further covenants and agrees that he will abide by and perform all stipulations,
covenants,and agreements specified in the Contract Documents,all of which are by reference
hereby made a part of this Contract, as to all premises therein: and in case any of said
CHEMICALS shall be rejected by the Borough Manager or his assistant or authorized
representative,, as defective or unsuitable„ then the said CHEMICALS shall be removed or
replaced with other approved CHEMICALS to the satisfaction and the approval of the Borough
Manager or his representatives,at the cost and expense of the Distributor,
To the fullest extent permitted by law, the Distributor agrees to defend, pay on behalf of,
Indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials,
employees and volunteers and others working on behalf of the Kodiak Island Borough against
any and all claims,demands,suits or loss. Including all costs connected therewith,and for any
damages which may be asserted, claimed or recovered against or from the Kodiak Island
Borough,its elected and appointed officials,employees,volunteers or others working on behalf
of the Kodiak Island Borough, by reason of personal injury, including bodily injury or death
and/or property damage, including loss of use thereof, which arises out of or is In any way
connected or associated with this Agreement.
The agreement entered into by the acceptance of the Distributor's bid and the signing of this
Agreement consists of the following documents all of which are component parts of said
Agreement and as fully a part thereof as If herein set out In full,and If not attached,as If hereto
attached.
1. Agreement
2. Invitation to Bid
In the event of any conflict or inconsistency between any of the foregoing documents, the
conflict or Inconsistency shall be resolved upon the basis of the numerical order, The document
or documents assigned the small number or numbers being controlling over any documents
having a larger number In the numerical order set forth above.
Page 8 of 10
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AGENDA ITEM #13.A.1
LEACHATE TREATMENT PLANT CHEMICAL PROCUREMENT
The Distributor hereby agrees to receive the prices set forth in the proposal as full
compensation for delivering the CHEMICALS to complete said Agreement to the satisfaction of
the Borough Manager.
It is further distinctly agreed that the said Distributor shall not assign this contract, or any part
thereof or any right to any of the monies to be paid him hereunder,
Payment for services rendered under this Agreement shall be made by the Kodiak Island
Borough within thirty [30] days of delivery, acceptance by the Kodiak Island Borough and
Invoicing by Distributor,
IN WITNESS WHEREOF,,The Kodiak Island Borough Manager,by authority in him vested„has
executed this contract on behalf of the Kodiak Island Borough, and the said
have hereunto set their hands and seats, the day and year first above
written.
The terms of this agreement shall be from 2095 to , 2016..
Following the initial contract term„ the Borough Manager may offer four(4) additional one (1)
year extensions.
KODIAK ISLAND BOROUGH DISTRIBUTOR
By By
Charles E.Cassidy,,Jr..
Borough Manager Title:
Attest:
By
Nova Javier,MMC
Boroughs Clerk
Page 9 of 10
Contract No. FY2016-16 Leachate Treatment Plant Chemicals Pr... Page 40 of 151
AGENDA ITEM #93.A.2.
KODIAK ISLAND BOROUGH
ADDENDUMI
Leachate Treatment Plant Chemical Procurement
July 20,2015
TO ALL PLAN HOLDERS OF RECORD:
This addendum farms part of and modifies the contract documents as noted below.Bidders must
acknowledge receipt of this addendum in the space provided on the Bid Form. Failure to do so
may subject Bidder to disqualification.
This addendum consists of 1 page.
REVISED BID DATES:
The due dale for bids is extended from July 21,2015 to July 28,2015.
The deadline for questions is extended from July 17,2015 to July 24,2015.
Change dates socordingly on pages 1,3,and 4 of bid package.
BIDDER QUESTIONS:
Question: Does the caustic soda need to be NSF grade?
Response: No.
END OF ADDENDUM NO.1
LEACHATE TREATMENT PLANT ADDENDUM 1
CHEMICAL PROCUREMENT PAGE 1
Contract No. FY2016-16 Leachate Treatment Plant Chemicals Pr... Page 41 of 151
AGENDA ITEM #13.A.2.
KODIAK ISLAND BOROUGH
ADDENDUM
Leachate Treatment Plant Chemical Procurement
July 23,2015
TO ALL PLAN HOLDERS OF RECORD:
This addendum forms part of and modifies the contract documents as noted below. Bidders must
acknowledge receipt of this addendum In the space provided on the Bid Form. Failure to do so
may subject Bidder to disqualification.
This addendum consists of 2 pages.
REVISED BID DATES:
The due date for bids is extended from July 28,2015 to July 31,2015.
The deadline for questions is extended from July 24,2015 to July 29,2015.
Change dates accordingly on pages 1,3,and 4 of bid package.
BIDDER QUESTIONS:
Question: Requesting one additional week to refine the logistics for delivery of ISO's to
KIB.
Response: Bid opening has been delayed one week. Please note that this bid requires a
hard copy packet be delivered to the KIB address as directed in the bid
package.
Question: The IBC's(intermediate bulk containers)for the bleach and the citric acid will
be easier to ship.The smaller frequency of those orders however will most
likely qualify for a general FAK(freight all kinds)classification and will likely
carry a standard freight rate. Does the Borough appreciate any formal
discounts from any of the transportation providers to Kodiak?In other words
would there be any reason for the Borough to manage freight rates via one of
your existing contracts?
Response: The KIB does not get a preferred rate from the freight forwarders.
Question: The bid references a 10.3%sodium hypochlorlle solution. That's not a typical
percentage with what Is commercially available. Is there a specialized need
for 10.3%or will 12.5%sodium hypochlorite suffice.
Response: The 12.5%sodium hypochlorile is acceptable.
LEACHATE TREATMENT PLANT ADDENDUM 2
CHEMICAL PROCUREMENT PAGE 1
Contract No. FY2016-16 Leachate Treatment Plant Chemicals Pr... Page 42 of 151
AGENDA ITEM #13.A.2.
Question: Do you have a storage tank for the sodium hydroxide?
Response: Yes
Question: Size of storage tank for the sodium hydroxide?
Response: Two each 6000 gallon storage tanks.
Question: How long do you expect to hold the 150-container?
Response: No longer than 5 days.Plan Is to transfer the product as quickly as possible to
avoid demurrage charges.
Question: Do you have an estimated usage curve? Meaning,is usage expected to be fairly
consistent year round or will there be some seasonality?
Response: By our model the usage should be fairly consistent per the information provided
In the RFP.This usage will fluctuate at the beginning when our new cell is put in
service but we do not expect large usage swings of the chemicals requested.
END OF ADDENDUM NO.2
LEACHATE TREATMENT PLANT ADDENDUM 2
CHEMICAL PROCUREMENT PAGE 2
Contract No. FY2016-16 Leachate Treatment Plant Chemicals Pr... Page 43 of 151
AGENDA ITEM #13.6.1.
1 Introduced by: Assembly Member Rohrer
2 ", ", n�,,,,�, ,,, 01 4� Requested by::. Borough Assembly
3 Drafted by: Borough Assembly
Introduced on: 08/20/2015
4 Adopted on:
5
6 KODIAK ISLAND BOROUGH
7 RESOLUTION NO. FY2016-04
8
9 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY
10 APPROVING FISCAL YEAR 2016 KODIAK ISLAND BOROUGH NON-
11 PROFIT FUNDING
12
13 WHEREAS, the Kodiak Island Borough is fortunate to enjoy the efforts of many
14 benevolent non-profit organizations that provide services that enrich our lives, and
15
16 WHEREAS, Kodiak Area charitable non-profit organizations provide humanitarian services
17 that many of our community members rely upon; and
18
19 WHEREAS, these organizations provide expanded education, cultural, and health
20 services that cannot be provided through the ordinary govemmental budget;and
21
22 WHEREAS, these organizations expand the services that can be provided, with limited
23 funds,through the utilization of volunteers;and
24
25 WHEREAS, these organizations all fit within the adopted powers of the Kodiak Island
26 Borough; and
27
28 WHEREAS, these organizations requested a total of$520,699.54;and
29
30 WHEREAS, the Kodiak Island Borough Assembly appropriated a total of $390,000 for
31 FY2016 and the funding to the Non-Profits listed below is$380,150.
32
33 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
34 BOROUGH that the Kodiak Island Borough contributions to non profits will be allocated per
35 the attached spreadsheet.
36
37 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
38 THIS DAY OF .2015
39
40 KODIAK ISLAND BOROUGH
41
42
43 ATTEST: Jerrol Friend, Borough Mayor
44
45
46 Nova M.Javier, MMC, Borough Clerk
47
Kodiak Island Borough,Alaska Resolution No. FY2016-04
Page 1 of 2
Resolution No. FY2016-04 Approving Fiscal Year 2016 Kodiak I... Page 44 of 151
AGENDA ITEM #13.B.1.
Kodiak Island Borough
FY16 Non-profit funding
sorted by amount requested
Applicant Assembly FY16
Funding Request
alo
8113115
1 Brother Francis Shelter $54,000 $70,000.00
2 Kodiak Women's Resource&Crisis Center $60,000 $60,000.00
3 Kodiak Island Food Bank $38,450 $45,120.00
4 Senior Citizens of Kodiak $35,000 $45,000.00
5 Salvation Army $8,000 $35,000.00
6 Kodiak Area Transit System $15,000 $25,000.00
7 Kodiak Community Health Center $20,000 $25,000.00
8 Providence Counseling Center $25,000 $25,000.00
9 Alutiiq Museum&Archaeological Repository $10,000 $22,644.88
10 Hospice of Kodiak $11,000 $20,000.00
11 Kodiak Arts Council $15,350 $16,500.00
12 Kodiak Area Native Association-WIC $10,500 $15,000.00
13 Kodiak Public Broadcasting $6,100 $15,000.00
14 Kodiak Maritime Museum $10,000 $12,123.11
15 Kodiak Historical Society $10,000 $9,622.55
16 Kodiak RurAL CAP-Head Start $7,200 $9,000.00
17 Threshold Services $8,000 $8,489.00
18 American Red Cross $7,900 $7,900.00
19 Kodiak Soil&Water Conservation District $4,250 $7,700.00
20 Kodiak Archipelago Leadership Institute $0 $7,500.00
21 Special Olympics Alaska, Kodiak Community $6,000 $7,500.00
22 Providence Medical Center Kindness Project $0 $6,000.00
23 Hope Community Resources $5,050 $5,500.00
24 Kodiak Teen Court $5,100 $5,100.00
25 Humane Society $4,250 $5,000.00
26 Marian Center $1,000 $5,000.00
27 St. Paul Preschool $0 $2,500.00
28 Kodiak Island Sportsmans Association $0 $1,500.00
29 Kodiak Girl Scouts $1,000 $1,000.00
Non Profit funding total $380;150 , ;520;699!54
Contingency $9,850
Budget $390,000
48
Kodiak Island Borough,Alaska Resolution No.FY2016-04
Page 2 of 2
Resolution No. FY2016-04 Approving Fiscal Year 2016 Kodiak I... Page 45 of 151
AGENDA ITEM #93.B.1.
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
AUGUST 20.2015
ASSEMBLY REGULAR MEETING
TITLE: Resolution No. FY2016-04 Approving Fiscal Year 2016 Kodiak Island Borough
Non Profit Funding.
ORIGINATOR: Bud Cassidy
FISCAL IMPACT: Yes FUNDS AVAILABLE: Yes
Account dumber. Amount Budgeted: $390,000
SUMMARY STATEMENT:
The Kodiak Island Borough is fortunate to enjoy the efforts of many benevolent non-profit
organizations that provide services that enrich our lives.The Kodiak charitable non-profit
organizations provide humanitarian services that many of our community members rely
upon.These organizations provide expanded education, cultural,and health services that cannot
be provided through the ordinary governmental budget.
These organizations expand the services that can be provided,with limited funds,through the
utilization of volunteers.The viability of these services is fundamental to the quality of life
enjoyed in the community.
Based on the discussion at the July 30th work session, the Assembly recommended funding as
reflected in the attached resolution.
Total amount requested for FY2016 $510,699.54
Total amount appropriated for FY2016 $390,000.00
Total amount paid(w/o organizations paid via $390,000.00
tourism development fund)
Total amount paid from the tourism $54,017.00
development fund
Total amount $444,017
The following organizations will funded through the Tourism Development Fund:
• Alutiiq Museum and Archaeological Repository
• Kodiak Arts Council
• Kodiak Maritime Museum
• Kodiak Historical Society
RECOMMENDED MOTION:
Move to adopt Resolution No. FY2016-04.
Kodiak Island Borough
Resolution No. FY2016-04 Approving Fiscal Year 2016 Kodiak I... Page 46 of 151
AGENDA ITEM #13.B.1.
1 Introduced by Borough Manager
2 Requested by: Borough Assembly
3 Drafted by' Special Projects Support
Introduced one 08!2012015
4 Adopted om
5
6 KODIAK ISLAND BOROUGH
7 RESOLUTION NO.FY2016-04
8
9 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY
10 APPROVING FISCAL YEAR 2016 KODIAK ISLAND BOROUGH NON-
11 PROFIT FUNDING
12
13 WHEREAS, the Kodiak Island Borough is fortunate to enjoy the efforts of many
14 benevolent non-profit organizations that provide services that enrich our lives;and
15
16 WHEREAS, Kodiak Area charitable non-profit organizations'provide humanitarian services
17 that many of our community members rely upon;and
18
19 WHEREAS, these organizations provide"expanded education, cultural, and health
20 services that cannot be provided through the ordinary governmental budget;and
21
22 WHEREAS, these organizations expand the Services,that can be provided, with limited
23 funds„through the utilization of volunteers,;and
24
2 WHEREAS, the viability of these services is fundamental to the quality of life enjoyed in
26 the community;and
27
2B WHEREAS, the Kodiak Island Borough Assembly appropriated a total of $390,000 for
29 FY2016 and the funding to the Non-Profits listed below Is$390,000;and
30
31 WHEREAS, an additional $54,017 will fund four non-profit organizations via the Tourism
32 Development Fund.
33
34 NOW,THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
35 BOROUGH that the Kodiak Island Borough contributions to non profits will be allocated per
36 the attached spreadsheet.
37
38 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
39 THIS DAY OF .2015
40
41 KODIAK ISLAND BOROUGH
42
43
44 ATTEST,, Jerrol Friend,Borough Mayor
45
46
47 Nova M.Javier,MMC„Borough Clerk
Kodiak Island Borough,Alaska Resolution No FY2016-04
Page 1 of t
Resolution No. FY2016-04 Approving Fiscal Year 2016 Kodiak I... Page 47 of 151
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AGENDA ITEM #13.B.1.
nonprofit
Application List of Board status Mission
Received Members letter Statement
Organization By 4124115 Attached? Attached? Attached?
Alutiiq Museum&Archaeological Reposil yes yes yes yes
American Red Cross' No yes yes no
Brother Francis 5helter yes yes yes yes
Hope Community Resources yes yes yes yes
Hospice of Kodiak yes yes yes yes
Humane Society yes yes yes yes
Kodiak Archipelago Leadership Institute yes yes yes yes
Kodiak Area Native Association-WIC yes yes yes yes
Kodiak Area Transit System yes yes yes yes
Kodiak Arts Council yes yes yes yes
Kodiak Island Food Bank yes yes yes yes
Kodiak Girl Scouts yes yes yes no
Kodiak Historical Society yes yes yes yes
Kodiak Community Health Center yes yes yes yes
Kodiak Island Sportsmans Association yes yes yes yes
Kodiak Maritime Museum yes yes yes yes
Kodiak Public Broadcasting yes yes yes yes
Kodiak RurAL CAP yes yes yes yes
Kodiak Soil&Water Conservation District yes yes yes yes
Kodiak Teen Court` yes yes yes yes
Kodiak Women's Resource&Crisis Cent. yes yes yes yes
Marian Center yes yes yes yes
Providence Counseling Center yes yes yes yes
Providence Medical Center Kindness Prod yes yes yes yes
Salvation Army yes yes yes yes
Senior Citizens of Kodiak yes yes yes yes
Special Olympics Alaska,Kodiak Commu yes no yes yes
St.Paul Preschool yes yes yes no
Threshold Services yes yes yes yes
Resolution No. FY2016-04 Approving Fiscal Year 2016 Kodiak I... Page 51 of 151
AGENDA ITEM W.B.I.
Long range,Business, Audited or Latest Grant
Strategic or Devt. Reviewed Financials Report
plan attached? Financials? included? Rec'd?
strategic plan as of 12/31113 yes Yes req
PrWtiesfPlanMsion as of 613012014 n/a Yes req Did not receive notification,cons;
strategic plan n1a Yes Yes req
strategic plan as of 87302014 n/a Yes req
strategic plan n1a yes yes req
strategic plan,action
plan We yes Yes req
strategic plan rda Yes n/a
strategic plan as of 9130114 nla Yes req
strategic plan as of 8130114 Yes n/a req
strategic plan n1a Yes Yes required
business plan as of 6130114 n/a Yes required
no as of 9130114 Na n1a
strategic plan as of 6130113 n/a Yes required
strategic plan as of 12131113 nla Yes required
no n/a yes n/a
strategic plan n1a yes n/a
strategic plan as of 6130114 n/a Yes required
strategic plan as of 9130114 n/a n/a
strategic plan,annual
work plan We yes Yes required
no n1a Yes Yes required
five year plan as of 6130113 Yes Yes required
annual plan We Yes yes required
action plan as of 12/31/13 We Yes required
strategic plan as of 12/31/13 n/a n/a
strategic plan as of 9130114 rVa n/a
strategic plan as of 8130114 n/a Yes required
no n1a Yes n/a
annual(program)
report n/a. Yes n/a
strategic plan n1a Yes n/a
Resolution No. FY2016-04 Approving Fiscal Year 2016 Kodiak I... Page 52 of 151
.....................................................................................................................................................................................................................................................................................................................................
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AGENDA ITEM #13.B.I.
Due to the size of the nonprofit binders,a separate folder/tab was created and the Information Is
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Resolution No. FY2016-04 Approving Fiscal Year 2016 Kodiak I... Page 54 of 151
AGENDA ITEM #13.B.2.
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
AUGUST 20.2015
ASSEMBLY REGULAR MEETING
TITLE: Resolution No. FY2016-05 Authorizing the Borough to Issue General
Obligation School Bonds in the Principal Amount not to Exceed$11,000,000 to
Provide Funds for School and Related Capital Improvements in the Borough
and to Pay Costs of Issuing the Bonds, Fixing Certain Details of Such Bonds,
Authorizing Their Sale, and Providing for Related Matters.
ORIGINATOR: Karl Short
FISCAL IMPACT: FUNDS AVAILABLE:
Account Number. Amount Budgeted:
SUMMARY STATEMENT:
At the October 6,2009 election the voters approved selling$76,310,000 in general obligation
bonds.
This resolution approves the sale of these bonds and sets certain details of these bonds.The
Borough has not issued the entire authorized amount of these bonds,this is the fourth bond
sale related to this project.
This bond issue is reimbursable by the State of Alaska at 70°x.
RECOMMENDED MOTION:
Move to adopt Resolution No. FY2016-05.
Kodiak Island Borough
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AGENDA ITEM #13.B.2.
Introduced by Borough Manager
Requested by Finance Director
Drafted by Bond Counsel
Introduced on: 08!2612015
Adopted on:
1
2 KODIAK ISLAND BOROUGH
3 RESOLUTION NO.FY2016-05
4
5 A RESOLUTION OF THE KODIAK ISLAND BOROUGH
6 ASSEMBLY AUTHORIZING THE BOROUGH TO ISSUE
7 GENERAL OBLIGATION SCHOOL BONDS IN THE PRINCIPAL
e AMOUNT NOT TO EXCEED $11,000,000 TO PROVIDE FUNDS
9 FOR SCHOOL AND RELATED CAPITAL IMPROVEMENTS IN
10 THE BOROUGH AND TO PAY COSTS OF ISSUING THE BONDS,
i 1 FIXING CERTAIN DETAILS OF SUCH BONDS, AUTHORIZING
12 THEIR SALE,AND PROVIDING FOR RELATED MATTERS
13
14 WHEREAS, pursuant to Ordinance No. FY2010-03 of the Kodiak Island Borough,
15 Alaska(the"Borough'),adopted August 6,2009,a question whether the Borough should
16 issue not to exceed $76,310,000 in general obligation bonds for the purpose of paying
17 the cost of planning, designing, and constructing school and related capital
16 improvements in the Borough, including without limitation, the reconstruction and
19 renovation of the Kodiak High School, referred to the regular Borough election held on
20 October 6,2009,as Proposition No. t ("Proposition 1"),was passed and approved;and
21
22 WHEREAS, pursuant to Resolution No. FY2011-18, the Borough issued its General
23 Obligation School Bond, 2011 Series A, in the principal amount of $9,000,000, as a
24 general obligation bond referred to in Proposition 1;and
25
26 WHEREAS, pursuant to Resolution No. FY2013-26, the Borough issued its General
27 Obligation School Bond, Series 2013, in the principal amount of $21,595,000, as a
28 general obligation bond referred to in Proposition 1;and
29
30 WHEREAS, pursuant to Resolution No. FY2014-24, the Borough issued its General
31 Obligation School Bond, 2014 Series A, in the principal amount of$22,660,000, as a
32 general obligation bond referred to in Proposition 1,and
33
34 WHEREAS,$18,310,000 principal amount of general obligation bonds remains unissued
35 under Proposition 1;and
36
37 WHEREAS,the Borough received $7,000,000 grant funding that may ultimately reduce
38 the amount of bond proceeds needed for the project;and
39
40 WHEREAS, the Assembly finds that it is in the best interest of the Borough to plan,
41 design,and construct the school capital improvements described in Proposition 1 as the
42 reconstruction and renovation of the Kodiak High School(the"Project"),and to issue not
43 to exceed $11,000,000 principal amount of general obligation bonds referred to In
44 Proposition 1,to pay part of the costs of the Project and costs of issuing the bonds;and
45
46 WHEREAS, Section 29.47.410 of the Alaska Statutes provides that the Assembly by
47 resolution may provide for the form and manner of safe of bonds and notes;and
48
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AGENDA ITEM #93.B.Z
49 WHEREAS, the Assembly finds that It is necessary and appropriate to delegate to each
5o of the Borough Manager and Borough Finance Director authority to determine the
51 maturity amounts, interest rates, and other details of the bonds,and to determine other
52 matters that are not provided for in this resolution,including without limitation,whether to
53 sell the Bonds to the Alaska Municipal Bond Bank (the "Bond Bank') or another
54 Financial Institution or to offer the Bonds at public sale:
55
56
57 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK
58 ISLAND BOROUGH THAT:
59
60 Section 1: Definitions. In addition to terms which are defined in the recitals above,
61 the following terms shall have the following meanings in this Resolution:
62
63 (a) 'Assembly'means the Assembly of the Kodiak Island Borough,as
84 the general legislative authority of the Kodiak Island Borough, as the
65 same shall be duly and regularly constituted from time to time,
66
67 (b) "Bond" or'Bonds"means any of the "General Obligation School
68 Bonds"of the Kodiak Island Borough,the Issuance and sale of which are
69 authorized herein.
70
71 (c) "Bond Bank" means the Alaska Municipal Bond Bank, a public
72 corporation of the State of Alaska.
73
74 (d) "Bond Bank Bonds"means the series of general obligation bonds
75 Issued by the Bond Bank,all or part of the proceeds of which are used to
76 purchase the Bonds.
77
78 (e) "Bond Register" means the registration books maintained by the
79 Registrar, which include the names and addresses of the Registered
80 Owners of the Bonds or their nominees.
81
82 (f) "Borough" means the Kodiak Island Borough, a municipal
83 corporation of the Slate of Alaska, organized as a second Gass borough
84 under Title 29 of the Alaska Statutes.
85
86 (g) "Borough Manager"means the Manager or Administrative Official
87 of the Borough.
88
89 (h) "Code" means the Internal Revenue Code of 1986, as amended
90 from time to time,together with all regulations applicable thereto.
91
92 W "Cast"or'Costs'means the cost of planning,designing,acquiring
93 property for, acquiring, constructing, installing and equipping the Project,
94 including interest on the Bonds during the period of planning, designing,
95 acquiring properly for, acquiring, constructing, installing, and equipping
96 the Project, the cost whether incurred by the Borough or by another of
97 field surveys and advance planning undertaken in connection with the
98 Project property allocable to the Project, the cost of acquisition of any
99 land or interest therein required as the site or sites of the Project or for
100 use in connection therewith, the cost of any indemnity and surety bonds
101 and premiums on Insurance incurred in connection with the Project prior
Kodiak Island Borough,Alaska Resolution No.FY2016-05
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AGENDA ITEM #13.B.2.
152 to or during construction thereof, all related direct administrative and
153 inspection expenses whether incurred by the Borough or by another In
154 connection with the Project prior to or during construction thereof and
105 allocable portions of direct costs of the Borough, legal fees, costs of
106 issuance of the Bonds by the Borough, including financing charges and
107 fees and expenses of bond counsel,financial advisors and consultants in
108 connection therewith,the cost of any bond insurance premium and bond
109 ratings, the cost of audits, the cost of all machinery, apparatus, and
110 equipment, cost of engineering, architectural services, designs, plans,
111 specifications and surveys, estimates of cost, the reimbursement of all
112 moneys advanced from whatever source for the payment of any item or
113 items of cost of the Project, and ail other expenses necessary or
114 incidental to the acquisition and development of the Project,the financing
115 thereof and the putting of the same in use and operation.
116
117 "Financial Institution"means any bank or other financial institution
118 insured by the Federal Deposit Insurance Corporation or the Federal
119 Savings and Loan Insurance Corporation.
120
121 (k) "Government Obligations" means obligations that are either
122 (i)direct obligations of the United Stales of America or(ii)obligations of
123 an agency or instrumentality of the United Stales of America the timely
124 payment of the principal of and interest on which are unconditionally
125 guaranteed by the United States of America.
126
127 (1) "Loan Agreement" means the Loan Agreement between the
128 Borough and the Bond Bank or other Financial Institution concerning the
129 Bonds..
135
131 (m) "Registered Owner" means the person named as the registered
132 owner of a Bond in the Bond Register.
133
134 (n) "Registrar means the Borough Finance Director, or any
135 successor that the Borough may appoint by resolution.
136
137 (o) "Resolution" means this Resolution No. FY2016- of the
138 Borough.
139
140 5ectlon 2: Authorization of Bonds and PurooSe of Issuance. For the purpose of
141 providing funds for financing the Costs of the Project, the Borough shall
142 issue and sell general obligation bonds designated "Kodiak Island
143 Borough,Alaska, General Obligation School Bonds"(the"Bonds") in the
144 aggregate principal amount of not to exceed$11,000,000. The proceeds
145 of the Bonds shall be used to pay Costs of the Project. The Project
146 serves a public purpose of the Borough.
147
148 The Manager and/or the Finance director are hereby authorized to
149 determine whether the Bonds shall be sold to the Bond Bank or a
150 Financial Institution or sold at public sale,and whether to issue the Bonds
151 in one or more issues, but in no event shall the aggregate principal
152 amount of the Bonds exceed$11,000,000.
153
Kodiak Island ,Borou h Alaska Resolution esolulion No.FY2018-05
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AGENDA ITEM #93.6.2.
154 section 3: Obligation of Bonds. The Bonds shall be direct and general obligations of
155 the Borough, and the full faith and credit of the Borough are hereby
156 pledged to the payment of the principal of and Interest on the Bonds. The
157 Borough hereby irrevocably pledges and covenants that it will levy and
158 collect taxes upon all taxable property within the Borough without
159 limitation as to rate or amount, in amounts sufficient together with other
160 funds legally available therefor,to pay the principal of and interest on the
161 Bonds as the same become due and payable.
162
163 Section 4: Designation, Maturities, Interest Rates, and Other Details of Bonds. The
164 Bands shall be designated "Kodiak Island Borough, Alaska, General
165 Obligation School Bonds." The Bonds shall be in the denomination of
166 $5,000 or any integral multiple thereof, shall be numbered separately in
167 the manner and with such additional designation as the Registrar deems
168 necessary for purposes of identification, and may have endorsed thereon
169 such legends or text as may be necessary or appropriate to conform to
170 the rules and regulations of any governmental authority or any usage or
171 requirement of law with respect thereto.
172
173 The Bonds shall mature in one or more years commencing no earlier than
174 2015 and ending no later than 2035. The Bonds shall bear Interest from
175 their date, payable commencing on a date on or after July 1, 2016, and
176 semi-annually thereafter. Interest will be computed on the basis of a 360-
177 day year consisting of twelve 30-day months.
178
179 Subject to Section 2 and the remainder of this Section, the dated date,
180 the principal and interest payment dates, the record dates for interest
181 payments, the aggregate principal amount, the principal amount of each
182 maturity, and the interest rates on the Bonds shall be determined at the
183 time of execution of the Loan Agreement at or before public sale of the
184 Bonds under Section 17,
185
186 Section 5: Optional Redemption. The Bonds, if any, subject to optional redemption
187 by the Borough, the time or times when such Bonds are subject to
188 optional redemption, the terms upon which such Bonds may be
189 redeemed, and the redemption price or redemption prices for such
190 Bands, shall be determined at the time of sale of the Bonds by the
191 Borough Manager or Finance Director.
192
193 Section 6: Selection of Bonds for Redemption:Notice of Redemption.
194
195 (a) Selection of Bonds for Redemption. When and if the Bond Bank
196 or a Financial Institution is the Registered Owner of the Bonds, the
197 selection of Bonds to be redeemed shall be made as provided in the Loan
198 Agreement. When and if the Bond Bank or a Financial Institution is not
199 the Registered Owner of the Bonds, the selection of Bonds to be
200 redeemed shall be made as provided in this subsection (a). If the
201 Borough redeems at any one time fewer than all of the Bonds having the
202 same maturity date, the particular Bonds or portions of Bonds of such
203 maturity to be redeemed shall be selected by lot(or in such other manner
204 determined by the Registrar) in Increments of$5,000. In the case of a
205 Bond of a denomination greater than$5,000,the Borough shall treat such
206 Bond as representing such number of separate Bonds each of the
Kodiak Island Borough,Alaska Resolution No.FY2016.05
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AGENDA ITEM #13.B.Z
207 denomination of $5,000 as is obtained by dividing the actual principal
208 amount of such Bond by$5,000. In the event that only a portion of the
209 principal amount of a Bond is redeemed, upon surrender of such Bond at
210 the office of the Registrar there shall be issued to the Registered Owner,
211 without charge therefor,for the then unredeemed balance of the principal
212 amount thereof,at the option of the Registered Owner, a Bond or Bonds
213 of like maturity and interest rate In any of the denominations authorized
214 herein.
215
218 (b) Notice of Redemgtion. When and if the Bond Bank or a Financial
217 Institution Is the Registered Owner of the Bonds, notice of any intended
218 redemption of Bonds shall be given as provided in the Loan Agreement.
219 When and if the Bond Bank or a Financial Institution is not the Registered
220 Owner of the Bonds, notice of any intended redemption of Bonds shall be
221 given as provided In this subsection (b). Notice of redemption shall be
222 mailed not less than 20 or more than 45 days prior to the dale fixed for
223 redemption by first class mail to Registered Owners of the Bonds to be
224 redeemed at their addresses as they appear on the Bond Register on the
225 day the notice is prepared. Notice of redemption shall be deemed 10
226 have been given when the notice is mailed as herein provided,whether or
227 not it is actually received by the Registered Owners. All notices of
228 redemption shall be dated and shall slate:(1)the redemption date;(2)the
229 redemption price; (3) if fewer than all outstanding Bonds are to be
230 redeemed, the identification (and, in the case of partial redemption, the
231 respective principal amounts) of the Bonds to be redeemed; (4) that on
232 the redemption dale the redemption price will become due and payable
233 upon each such Bond or portion thereof called for redemption and that
234 interest thereon shall cease to accrue from and after said dale; and (5)
235 the place where such Bonds are to be surrendered for payment of the
235 redemption price, which place of payment shall be the office of the
237 Registrar.
236
239 Official notice of redemption having been given as slated above,Bonds or
240 portions of Bonds to be redeemed shall,on the redemption date,become
241 due and payable at the redemption price therein specified,and from and
242 after such date, such Bonds or portions of Bonds shall cease to bear
243 interest. Upon surrender of such Bonds for redemption In accordance
244 with said notice, such Bands shall be paid at the redemption price.
245 Installments of Interest due on or prior to the redemption date shall be
246 payable as herein provided for payment of interest. All Bonds which have
247 been redeemed shall be canceled and destroyed by the Registrar and
248 shall not be reissued.
249
250 Each check or other transfer of funds issued to pay the redemption price
251 of Bonds shall bear the CUS1P number,if any,identifying,by maturity the
252 Bonds being redeemed with the proceeds of such check or other transfer.
Kodiak Island Borough, ....... .. ... ..,
g Alaska Resolution No FY2016-05
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AGENDA ITEM #13.B.2.
253 Section 7: Form of Bond. Each Bond shall be in substantially the following form,
254 with such variations, omissions, and insertions as may be required or
255 permitted by this Resolution:
256
257 UNITED STATES OF AMERICA
258
259 KODIAK ISLAND BOROUGH,ALASKA
260
261 NO. $
262
263 GENERAL OBLIGATION SCHOOL BOND
264
265 REGISTERED OWNER:
266
267 PRINCIPAL AMOUNT:
268
269 The Kodiak Island Borough (the "Borough"), a municipal
270 corporation of the Slate of Alaska,hereby acknowledges itself 10 owe and
271 for value received promises to pay to the Registered Owner identified
272 above, or its registered assigns, the principal amount identified above in
273 the following installments on each of the following years, and to pay
274 interest on such installments from the date hereof, payable on _ 1,
275 201_,and semiannually thereafter on_1,and_1,of each year,
276 at the rates per annum as follows:
277
278 Maturity Principal Interest
279 Dale Amount Rate
280
281
282
263 When and If this Bond is owned by the Alaska Municipal Bond
284 Bank or a Financial Institution, payment of principal and interest shall be
285 made as provided in the Loan Agreement between the Bond Bank or
286 Financial Institution and the Borough(the"Loan Agreement'). When and
287 If this Bond Is not owned by the Bond Bank or a Financial Institution,
288 installments of principal of and Interest on this Bond shall be paid by
269 check or draft mailed by first class mail to the Registered Owner as of the
290 close of business on the 15th day of the month before each installment
291 payment dale; provided, that the final Installment of principal of and
292 interest on this Bond shall be payable upon presentation and surrender of
293 this Bond by the Registered Owner at the office of the Registrar. Interest
294 will be computed on the basis of a 360-day year consisting of twelve 30-
295 day months. Both principal of and Interest on this Bond are payable in
296 lawful money of the United Slates of America which, on the respective
297 dates of payment thereof, shall be legal tender for the payment of public
298 and private debts.
299
300 This Bond is one of the General Obligation School Bonds of the
301 Kodiak Island Borough, Alaska, of like tenor and effect except as to
302 interest rate, serial number, right of redemption or prepayment and
303 maturity,and constituting Bonds authorized for the purpose of paying the
304 cost of school and related capital improvements in the Borough, and is
305 issued under Resolution No.FY2016- of the Borough entitled:
Kodiak Island Borough,Alaska Resolution No FY2016-05
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AGENDA ITEM #13.B.2.
306
307 A RESOLUTION OF THE KODIAK ISLAND BOROUGH
306 ASSEMBLY AUTHORIZING THE BOROUGH TO
309 ISSUE GENERAL OBLIGATION SCHOOL BONDS IN
310 THE PRINCIPAL AMOUNT OF NOT TO EXCEED
311 $11,000,000 TO PROVIDE FUNDS FOR SCHOOL AND
312 RELATED CAPITAL IMPROVEMENTS IN THE
313 BOROUGH AND TO PAY COSTS OF ISSUING THE
314 BONDS, FIXING CERTAIN DETAILS OF SUCH
315 BONDS, AUTHORIZING THEIR SALE, AND
316 PROVIDING FOR RELATED MATTERS
317
316 (the"Resolution").
319
320 The Bonds[Installments of principal of this Bond]maturing on and
321 after 1,20 shall be subject to prepayment on and after 1,
322 20_, at the option of the Borough [(subject to any applicable provisions
323 of the Loan Agreement)], in such principal amounts and from such
324 maturities as the Borough may determine, and by lot within a maturity,at
325 a redemption price equal to the principal amount to be prepaid, plus
325 accrued interest to the date of prepayment.
327
326 This Bond is transferable as provided in the Resolution, 0) only
329 upon the Bond Register of the Borough, and (ii) upon surrender of this
330 Bond together with a written instrument of transfer duly executed by the
331 Registered Owner or the duly authorized attorney of the Registered
332 Owner, and thereupon a new fully registered Bond or Bands in the same
333 aggregate principal amount and maturity shall be issued to the transferee
334 in exchange therefor as provided in the Resolution and upon the payment
335 of charges, if any, as therein prescribed. The Borough may treat and
336 consider the person in whose name this Band is registered as the
337 absolute owner hereof for the purpose of receiving payment of, or on
338 account of, the principal or redemption price. If any, hereof and interest
339 due hereon and for all other purposes whatsoever.
340
341 This Bond is a general obligation of the Kodiak Island Borough,
342 and the full faith and credit of the Borough are pledged for the payment of
343 the principal of and interest on this Band as the same shall become due.
344
345 IT IS HEREBY CERTIFIED AND RECITED that all conditions,
346 acts or things required by the constitution or statutes of the State of
347 Alaska to exist, to have happened or to have been performed precedent
348 to or in the issuance of this Bond exist, have happened and have been
349 performed,and that the series of Bonds of which this is one,together with
350 all other Indebtedness of the Borough, is within every debt and other limit
351 prescribed by such constitution or statutes.
352
353 IN WITNESS WHEREOF, THE KODIAK ISLAND BOROUGH,
354 ALASKA, has caused this Bond to be signed in its name and on its behalf
355 by the manual or facsimile signature of its Mayor and its corporate seal
356 (or a facsimile(hereof)to be impressed or otherwise reproduced hereon
357 and attested by the manual or facsimile signature of its Clerk,all as of the
356 _day of ,2015.
Kodiak Island Borough,Alaska Resolution No FY2016-05
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AGENDA ITEM #13.18.2.
359
360 KODIAK ISLAND BOROUGH
361
362 /specimen/
363 Borough Mayor
354
365 ATTEST:
366
367 /specimen/
368 Borough Clerk
369
370 Section 6: Execution, The Bonds shall be executed in the name of the Borough by
371 the manual or facsimile signature of the Mayor„ and its corporate seal(or
372 a facsimile thereof) shall be impressed or otherwise reproduced thereon
373 and attested by the manual or facsimile signature of the Borough Clerk.
374 The execution of a Bond on behalf of the Borough by persons who at the
375 time of the execution are duly authorized to hold the proper offices shall
376 be valid and sufficient for all purposes, although any such person shall
377 have ceased to hold office at the time of delivery of the Bond or shall not
378 have held office on the date of the Bond.
379
380 Section 9: Payment of Princioal and Interest. The Bonds shall be payable In lawful
381 money of the United Slates of America which at the time of payment is
382 legal tender for the payment of public and private debts. When and if the
383 Bond Bank or a Financial Institution is the Registered Owner of the
384 Bonds, payment of principal of and interest on the Bonds shall be made
385 as provided in the Loan Agreement. When and if the Bond Bank or a
386 Financial Institution is not the Registered Owner of the Bonds,
387 installments of principal of and interest on the Bonds shall be paid by
388 check mailed by first Gass mail to the Registered Owner as of the record
389 date for the installment payment at the address appearing on the Bond
390 Register;provided,that the final Installment of principal and interest on a
391 Bond shall be payable upon presentation and surrender of the Bond by
392 the Registered Owner at the office of the Registrar.
393
394 Section 10: Registration. The Bonds shall be Issued only In registered form as to
395 both principal and interest. The Borough designates the Borough
396 Finance Director as Registrar for the Bonds. The Registrar shall keep,or
397 cause to be kept,the Bond Register at the principal office of the Borough.
398 The Borough covenants that, until all Bonds have been surrendered and
399 canceled, it will maintain a system for recording the ownership of each
400 Bond that complies with the provisions of Section 149 of the Code. The
401 Borough and the Registrar may treat the person in whose name any Bond
402 shall be registered as the absolute owner of such Bond for all purposes,
403 whether or not the Band shall be overdue,and all payments of principal of
404 and interest on a Bond made to the Registered Owner thereof or upon Its
405 order shall be valid and effectual to satisfy and discharge the liability upon
406 such Bond to the extent of the sum or sums so paid, and neither the
407 Borough nor the Registrar shall be affected by any notice to the contrary,
408
409 Section 11: Transfer and Exchange. Bonds shall be transferred only upon the Bond
410 Register. Upon surrender for transfer or exchange of any Bond at the
411 office of the Registrar, together with a written instrument of transfer or
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AGENDA ITEM ' . .
412 authorization for exchange in form and with guaranty of signature
413 satisfactory to the Registrar, duly executed by the Registered Owner or
414 the duly authorized attorney of the Registered Owner, the Borough shall
415 execute and deliver an equal aggregate principal amount of Bonds of the
416 same maturity of any authorized denominations, subject to such
417 reasonable regulations as the Borough may prescribe and upon payment
416 sufficient to reimburse it for any tax, fee or other governmental charge
419 required to be paid in connection with such transfer or exchange. All
420 Bonds surrendered for transfer or exchange shall be canceled by the
421 Registrar.
422
423 Section 12: Bonds Mutilated. Destroyed. Stolen, or Lost. Upon surrender to the
424 Registrar of a mutilated Bond, the Borough shall execute and deliver a
425 new Bond of like maturity and principal amount. Upon filing with the
426 Registrar of evidence satisfactory to the Borough that a Bond has been
427 destroyed, stolen, or lost and of the ownership thereof, and upon
428 furnishing the Borough with indemnity satisfactory to it,the Borough shall
429 execute and deliver a new Bond of like maturity and principal amount.
430 The person requesting the execution and delivery of a new Bond under
431 this section shall comply with such other reasonable regulations as the
432 Borough may prescribe and shall pay such expenses as the Borough may
433 incur in connection therewith.
434
435 Section 13: Disposition of the Sale Proceeds of the Bonds. The sale proceeds of the
436 Bonds representing accrued interest our the Bonds shall be applied to pay
437 a portion of the interest due on the Bonds on the first interest payment
438 date for the Bonds, The sale proceeds of the Bonds representing original
439 issue premium on the Bonds shall be applied to pay a portion of the
440 Interest due on the Bonds on the first interest payment dale for the
441 Bonds,or Costs of the Project,and shall be deposited in such manner as
442 the Borough Manager or the Borough Finance Director may determine,
443 The remaining sale proceeds of the Bonds shall be applied to pay Costs
444 of the Project,and shall be deposited in the appropriate funds or accounts
445 of the Borough for such purposes,
446
447 Section 14: Tax Covenants, The Borough covenants to comply with any and all
448 applicable requirements set forth in the Code in effect from time to time to
449 the extent that such compliance shall be necessary for the exclusion of
450 the Interest on the Bonds from gross income for federal income lax
451 purposes. The Borough covenants that it will make no use of the
452 proceeds of the Bonds which will cause the Bonds to be"arbitrage bonds"
453 subject to federal Income taxation by reason of Section 148 of the Code.
454 The Borough covenants that it will not take or permit any action that
455 would cause the Bonds to be"private activity bonds"as defined in Section
456 141 of the Code..
457
458 Section 75: Amendaloru_and_Supplementai_Resolution5.
459
460 (a) The Assembly from time to time and at any time may adopt a
461 resolution or resolutions supplemental hereto, which resolution or
462 resolutions thereafter shall become a part of this Resolution„for any one
463 or more of the following purposes.
464
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465 (1) To add to the covenants and agreements of the Borough in
466 this Resolution, other covenants and agreements thereafter to be
467 observed or to surrender any right or power herein reserved to or
468 conferred upon the Borough.
469
470 (2) To make such provisions for the purpose of curing any
471 ambiguities or of curing,correcting or supplementing any defective
472 provision contained in this Resolution or in regard to matters or
473 questions arising under this Resolution as the Assembly may
474 deem necessary or desirable and not inconsistent with this
475 Resolution and which shall not adversely affect the interests of the
476 Registered Owners of the Bonds.
477
478 Any such supplemental resolution may be adopted without the consent of
479 the Registered Owners of any of the Bonds at any time outstanding,
480 notwithstanding any of the provisions of subsection(b)of this section.
481
482 (b) With the consent of the Registered Owners of not less than 60
483 percent in aggregate principal amount of the Bonds at the time
484 outstanding, the Assembly may adopt a resolution or resolutions
485 supplemental hereto for the purpose of adding any provisions to or
486 changing in any manner or eliminating any of the provisions of this
487 Resolution or of any supplemental resolution;provided, however, that no
488 such supplemental resolution shall:
489
490 (1) Extend the fixed maturity of any of the Bonds, or reduce
491 the rate of interest thereon, or extend the time of payments of
492 Interest from their due date, or reduce the amount of the principal
493 thereof, or reduce any premium payable on the redemption
494 thereof, without the consent of the Registered Owner of each
495 Bond so affected;or
496
497 (2) Reduce the aforesaid percentage of Registered Owners of
498 Bonds required to approve any such supplemental resolution
499 without the consent of the Registered Owners of all of the Bonds
Soo then outstanding.
501
502 It shall not be necessary for the consent of the Registered Owners of the
503 Bonds under this subsection to approve the particular form of any
504 proposed supplemental resolution,but it shall be sufficient if such consent
505 approves the substance thereof,
506
507 (c) Upon the adoption of any supplemental resolution under this
508 section,this Resolution shall be deemed to be modified and amended in
509 accordance therewith, and the respective rights, duties, and obligations
510 under this Resolution of the Borough and all Registered Owners of
511 outstanding Bonds shall thereafter be subject In all respects to such
512 modification and amendment, and all the terms and conditions of the
513 supplemental resolution shall be deemed to be part of the terms and
514 conditions of this Resolution for any and all purposes.
515
516 (d) Bonds executed and delivered after the adoption of any
517 supplemental resolution under this section may bear a notation as to any
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518 matter provided for in such supplemental resolution, and if such
519 supplemental resolution shall so provide, new Bonds modified so as to
520 conform, in the opinion of the Borough, to any modification of this
521 Resolution contained in any such supplemental resolution may be
522 prepared by the Borough and delivered without cost to the Registered
523 Owners of the Bonds then outstanding, upon surrender for cancellation of
524 such Bonds in equal aggregate principal amounts.
525
526 Section 16: Defeasance. In the event money and/or non-callable Government
527 Obligations maturing at such limes and bearing interest to be earned
528 thereon in amounts sufficient to redeem and retire any or all of the Bonds
529 in accordance with their terms are set aside in a special trust account to
530 effect such redemption or retirement and such moneys and the principal
531 of and interest on such Government Obligations are irrevocably set aside
532 and pledged for such purpose,then no further payments need be made to
533 pay or secure the payment of the principal of and interest on such Bonds
534 and such Bonds shall be deemed not to be outstanding.
535
536 Section 17: Sale of Bonds. The Bonds shall be sold at negotiated sale to the Bond
537 Bank or a Financial Institution as provided in the form of Loan Agreement
538 or at public sale as the Borough Manager and Finance Director determine
539 is in the best interest of the Borough. Subject to the limitations provided
540 in Sections 2 and 4, each of the Borough Manager and the Borough
541 Finance Director is hereby authorized to determine the aggregate
542 principal amount, maturity amounts, interest rates, yields, dated date,
543 principal and interest payment dates, redemption terms, if any, for the
544 Bonds,,and other details of the Bonds;provided that the true interest cost
545 of the Bonds,expressed as an annual rate,does not exceed 6 0 percent.
546 In determining the maturity amounts, interest rates, yields, and
547 redemption terms,if any,for the Bonds,the Borough Manager or Borough
548 Finance Director shall lake Into account those factors which, in the
549 judgment of each,will result in the lowest true Interest cost on the Bonds
550 to their maturity, including without limitation current financial market
551 conditions and current interest rates for obligations comparable in tenor
552 and quality to the Bonds. Based upon the foregoing determinations, the
553 Borough Manager and the Borough Finance Director each is authorized
554 to execute the Loan Agreement,in substantially the form presented at this
555 meeting,or to sell the Bonds at public sale as they deem appropriate and
556 cost effective lo,and in the best interest of,the Borough.
557
558 Section 18: Authority of Officers. The Mayor, the Borough Manager, the Borough
559 Finance Director, and the Borough Clerk each is authorized and directed
560 to do and perform all things and determine all matters not determined by
561 this Resolution,to the end that the Borough may carry out its obligations
562 under the Bonds and this Resolution.
563
564 Section 19: Prohibited Sale of Bonds. No person,firm,or corporation,or any agent or
565 employee thereof, acting as financial consultant to the Borough under an
566 agreement for payment in connection with the sale of the Bonds is eligible
567 to purchase the Bonds as a member of the original underwriting syndicate
568 either at public or private sale.
569
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570 Section 20: Onnoina Disclosure. The Borough acknowledges that under Rule 15c2-
571 12 of the Securities and Exchange Commission(the'Rule")the Borough
572 may now or in the future be an'obligated person." In accordance with the
573 Rule, and as the Bond Bank or a Financial Institution may require, the
574 Borough shall undertake to provide certain annual financial information
575 and operating data as shall be set forth In the Loan Agreement.
575
577 Section 21: Miscellaneous.
576
579 (a) All payments made by the Borough of, or on account of, the
580 principal of or interest on the Bonds shall be made on the several Bands
581 ratably and in proportion to the amount due thereon, respectively, for
582 principal or interest as the case may be.
583
584 (b) No recourse shall be had for the payment of the principal of or the
585 interest on the Bonds or for any claim based thereon or on this Resolution
586 against any member of the Assembly or officer of the Borough or any
587 person executing the Bonds. The Bonds are not and shall not be in any
588 way a debt or liability of the State of Alaska or of any political subdivision
589 thereof,except the Borough,and do not and shall not create or constitute
590 an indebtedness or obligation, either legal, moral, or otherwise, of such
691 stale or of any political subdivision thereof,except the Borough.
592
593 Section 22: Severability. If any one or more of the provisions of this Resolution shall
594 be declared by any court of competent Jurisdiction to be contrary to law,
595 then such provision shall be null and void and shall be deemed separable
596 from the remaining provisions of this Resolution and shall in no way affect
597 the validity of the other provisions of this Resolution or of the Bonds.
598
599 Section 23: Effective Date. This Resolution shall become effective upon passage and
600 approval.
601
602 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
603 THIS DAY OF 2015
604
605 KODIAK ISLAND BOROUGH
606
607
608
609
610 Jerrol Friend,Borough Mayor
611
612 ATTEST:
613
614
615
616
617 Nova M.Javier,Borough Clerk
Kodiak Island Ala Borough, . _ .o
g Alaska Resolution Na.FY2018-05
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Introduced by Borough Manager
SUBSTITUTED VERSION Requested by,, Finance Director
Dratted by. Bond Counsel
Introduced on. 0812or2oi5
Adopted on
lI
2 KODIAK ISLAND BOROUGH
3 RESOLUTION NO. FY2016-05
4
5 A RESOLUTION OF THE KODIAK ISLAND BOROUGH
6 ASSEMBLY AUTHORIZING THE BOROUGH TO ISSUE
7 GENERAL OBLIGATION SCHOOL BONDS IN THE PRINCIPAL
8 AMOUNT NOT TO EXCEED $44,000,000 8,000,000 TO PROVIDE
9 FUNDS FOR SCHOOL AND RELATED CAPITAL
10 IMPROVEMENTS IN THE BOROUGH AND TO PAY COSTS OF
11 ISSUING THE BONDS, FIXING CERTAIN DETAILS OF SUCH
12 BONDS, AUTHORIZING THEIR SALE, AND PROVIDING FOR
13 RELATED MATTERS
14
15 WHEREAS, pursuant to Ordinance No. FY2010-03 of the Kodiak Island Borough,
16 Alaska(the"Borough"), adopted August 6, 2009, a question whether the Borough should
17 issue not to exceed $76,310,000 in general obligation bonds for the purpose of paying
18 the cost of planning, designing, and constructing school and related capital
19 improvements in the Borough, including without limitation, the reconstruction and
20 renovation of the Kodiak High School, referred to the regular Borough election held on
21 October 6,2009, as Proposition No. 1 ("Proposition 1"),was passed and approved; and
22
23 WHEREAS, pursuant to Resolution No. FY2011-18, the Borough issued its General
24 Obligation School Bond, 2011 Series A, in the principal amount of $8,000,000, as a
25 general obligation bond referred to in Proposition 1; and
26
27 WHEREAS, pursuant to Resolution No. FY2013-26, the Borough issued its General
28 Obligation School Bond, Series 2013, in the principal amount of $21,595,000, as a
29 general obligation bond referred to in Proposition 1; and
30
31 WHEREAS, pursuant to Resolution No. FY2014-24, the Borough issued its General
32 Obligation School Bond, 2014 Series A, in the principal amount of $22,660,000, as a
33 general obligation bond referred to in Proposition 1, and
34
35 WHEREAS, $18,310,000 principal amount of general obligation bonds remains unissued
36 under Proposition 1; and
37
38 WHEREAS, the Borough received $7,000,000 grant funding that may ultimately reduce
39 the amount of bond proceeds needed for the project;and
40
41 WHEREAS, the Assembly finds that it is in the best interest of the Borough to plan,
42 design, and construct the school capital improvements described in Proposition 1 as the
43 reconstruction and renovation of the Kodiak High School (the"Project°), and to issue not
44 to exceed $41- �'00 8,000,000 principal amount of general obligation bonds referred
45 to in Proposition 1, to pay part of the costs of the Project and costs of issuing the bonds;
46 and
47
48 WHEREAS, Section 29.47.410 of the Alaska Statutes provides that the Assembly by
49 resolution may provide for the form and manner of safe of bonds and notes; and
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5o
51 WHEREAS, the Assembly finds that it is necessary and appropriate to delegate to each
52 of the Borough Manager and Borough Finance Director authority to determine the
53 maturity amounts, interest rates, and other details of the bonds, and to determine other
54 matters that are not provided for in this resolution, including without limitation, whether to
55 sell the Bonds to the Alaska Municipal Bond Bank (the "Bond Bank") or another
56 Financial Institution or to offer the Bonds at public sale;
57
58
59 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK
60 ISLAND BOROUGH THAT:
61
62 Section 1: Definitions. In addition to terms which are defined in the recitals above,
63 the following terms shall have the following meanings in this Resolution:
64
65 (a) "Assembly" means the Assembly of the Kodiak Island Borough, as
66 the general legislative authority of the Kodiak Island Borough, as the
57 same shall be duly and regularly constituted from time to time.
68
69 (b) "Bond" or "Bonds" means any of the "General Obligation School
70 Bonds" of the Kodiak Island Borough, the issuance and sale of which are
71 authorized herein.
72
73 (c) "Bond Bank" means the Alaska Municipal Bond Bank, a public
74 corporation of the State of Alaska.
75
76 (d) "Bond Bank Bonds" means the series of general obligation bonds
77 issued by the Bond Bank, all or part of the proceeds of which are used to
78 purchase the Bonds.
79
80 (e) "Bond Reoister' means the registration books maintained by the
81 Registrar, which include the names and addresses of the Registered
82 Owners of the Bonds or their nominees.
83
84 (f) "Borough" means the Kodiak Island Borough, a municipal
85 corporation of the State of Alaska, organized as a second class borough
66 under Title 29 of the Alaska Statutes.
87
88 (g) "Borough Manager" means the Manager or Administrative Official
89 of the Borough.
90
91 (h) "Code" means the Internal Revenue Code of 1986, as amended
92 from time to time,together with all regulations applicable thereto.
93
94 (i) "Cost"or"Costs" means the cost of planning, designing, acquiring
95 property for, acquiring, constructing, installing and equipping the Project,
96 including interest on the Bonds during the period of planning, designing,
97 acquiring property for, acquiring, constructing, installing, and equipping
98 the Project, the cost whether incurred by the Borough or by another of
99 field surveys and advance planning undertaken in connection with the
100 Project properly allocable to the Project, the cost of acquisition of any
101 land or interest therein required as the site or sites of the Project or for
102 use in connection therewith, the cost of any indemnity and surety bonds
........
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103 and premiums on insurance incurred in connection with the Project prior
104 to or during construction thereof, all related direct administrative and
105 inspection expenses whether incurred by the Borough or by another in
106 connection with the Project prior to or during construction thereof and
107 allocable portions of direct costs of the Borough, legal fees, costs of
108 issuance of the Bonds by the Borough, including financing charges and
109 fees and expenses of bond counsel, financial advisors and consultants in
110 connection therewith, the cost of any bond insurance premium and bond
11i ratings, the cost of audits, the cost of all machinery, apparatus, and
112 equipment, cost of engineering, architectural services, designs, plans,
113 specifications and surveys, estimates of cost, the reimbursement of all
114 moneys advanced from whatever source for the payment of any item or
115 items of cost of the Project, and all other expenses necessary or
116 incidental to the acquisition and development of the Project, the financing
117 thereof and the putting of the same in use and operation.
118
119 (j) "Financial Institution" means any bank or other financial institution
120 insured by the Federal Deposit Insurance Corporation or the Federal
121 Savings and Loan Insurance Corporation.
122
123 (k) "Government Obligations" means obligations that are either
124 (i)direct obligations of the United States of America or (ii) obligations of
125 an agency or instrumentality of the United States of America the timely
126 payment of the principal of and interest on which are unconditionally
127 guaranteed by the United States of America.
126
129 (q "Loan Agreement" means the Loan Agreement between the
130 Borough and the Bond Bank or other Financial Institution concerning the
131 Bonds,
132
133 (m) "Registered Owner" means the person named as the registered
134 owner of a Bond in the Bond Register,
135
136 (n) "Registrar" means the Borough Finance Director, or any
137 successor that the Borough may appoint by resolution.
138
139 (o) "Resolution" means this Resolution No. FY2016— of the
140 Borough.
141
142 Section 2: Authorization of Bonds and Puroose of Issuance,. For the purpose of
143 providing funds for financing the Costs of the Project, the Borough shall
144 issue and sell general obligation bonds designated "Kodiak Island
145 Borough, Alaska, General Obligation School Bonds" (the "Bonds'") in the
146 aggregate principal amount of not to exceed 44 QQQ4X)10 8,000,000„ The
147 proceeds of the Bonds shall be used to pay Costs of the Project. The
148 Project serves a public purpose of the Borough-
149
150 The Manager and/or the Finance Director are hereby authorized to
151 determine whether the Bonds shall be sold to the Bond Bank or a
152 Financial Institution or sold at public sale, and whether to issue the Bonds
153 in one or more issues, but in no event shall the aggregate principal
154 amount of the Bonds exceed$4;1 8,000,000.
155
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156 section 3: Obligation of Bonds. The Bonds shall be direct and general obligations of
157 the Borough, and the full faith and credit of the Borough are hereby
158 pledged to the payment of the principal of and interest on the Bonds. The
159 Borough hereby irrevocably pledges and covenants that it will levy and
160 collect taxes upon all taxable property within the Borough without
161 limitation as to rate or amount, in amounts sufficient together with other
162 funds legally available therefor, to pay the principal of and interest on the
163 Bonds as the same become due and payable.
164
165 Section 4: Designation. Maturities, Interest Rates, and Other Details of Bonds. The
166 Bonds shall be designated "Kodiak Island Borough, Alaska, General
157 Obligation School Bonds." The Bonds shall be in the denomination of
168 $5,000 or any integral multiple thereof, shall be numbered separately in
169 the manner and with such additional designation as the Registrar deems
170 necessary for purposes of identification, and may have endorsed thereon
171 such legends or text as may be necessary or appropriate to conform to
172 the rules and regulations of any governmental authority or any usage or
173 requirement of law with respect thereto.
174
175 The Bonds shall mature in one or more years commencing no earlier than
176 2015 and ending no later than 2035. The Bonds shall bear interest from
177 their date, payable commencing on a date on or after duly April 1, 2016,
178 and semi-annually thereafter. Interest will be computed on the basis of a
179 360-day year consisting of twelve 30-day months.
180
181 Subject to Section 2 and the remainder of this Section, the dated date,
182 the principal and interest payment dates, the record dates for interest
183 payments, the aggregate principal amount, the principal amount of each
184 maturity, and the interest rates on the Bonds shall be determined at the
185 time of execution of the Loan Agreement at or before public sale of the
186 Bonds under Section 17.
187
188 Section 5: Optional Redemption. The Bonds, if any, subject to optional redemption
189 by the Borough, the time or times when such Bonds are subject to
190 optional redemption, the terms upon which such Bonds may be
191 redeemed, and the redemption price or redemption prices for such
192 Bonds, shall be determined at the time of sale of the Bonds by the
193 Borough Manager or Finance Director.
194
195 Section 6: Selection of Bonds for Redem tion• Notice of Redemption.
196
197 (a) Selection of Bonds for Redemption. When and if the Bond Bank
198 or a Financial Institution is the Registered Owner of the Bonds, the
199 selection of Bonds to be redeemed shall be made as provided in the Loan
200 Agreement. When and if the Bond Bank or a Financial Institution is not
201 the Registered Owner of the Bonds, the selection of Bonds to be
202 redeemed shall be made as provided in this subsection (a), If the
203 Borough redeems at any one time fewer than all of the Bonds having the
204 same maturity date, the particular Bonds or portions of Bonds of such
205 maturity to be redeemed shall be selected by lot(or in such other manner
206 determined by the Registrar) in increments of $5,000. In the case of a
207 Bond of a denomination greater than$5,000,the Borough shall treat such
208 Bond as representing such number of separate Bonds each of the
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209 denomination of $5,000 as is obtained by dividing the actual principal
210 amount of such Bond by $5,000. In the event that only a portion of the
211 principal amount of a Bond is redeemed, upon surrender of such Bond at
212 the office of the Registrar there shall be issued to the Registered Owner,
213 without charge therefor, for the then unredeemed balance of the principal
214 amount thereof, at the option of the Registered Owner, a Bond or Bonds
215 of like maturity and interest rate in any of the denominations authorized
216 herein.
217
218 (b) Notice of_Redemption. When and if the Bond Bank or a Financial
219 Institution is the Registered Owner of the Bonds, notice of any intended
220 redemption of Bonds shall be given as provided in the Loan Agreement.
221 When and if the Bond Bank or a Financial Institution is not the Registered
222 Owner of the Bonds, notice of any intended redemption of Bonds shall be
223 given as provided in this subsection (b). Notice of redemption shall be
224 mailed not less than 20 or more than 45 days prior to the date fixed for
225 redemption by first class mail to Registered Owners of the Bonds to be
226 redeemed at their addresses as they appear on the Bond Register on the
227 day the notice is prepared. Notice of redemption shall be deemed to
228 have been given when the notice is mailed as herein provided,whether or
229 not it is actually received by the Registered Owners. All notices of
230 redemption shall be dated and shall state: (1)the redemption date;(2)the
231 redemption price; (3) if fewer than all outstanding Bonds are to be
232 redeemed, the identification (and, in the case of partial redemption, the
233 respective principal amounts) of the Bonds to be redeemed; (4) that on
234 the redemption date the redemption price will become due and payable
235 upon each such Bond or portion thereof called for redemption, and that
236 interest thereon shall cease to accrue from and after said date; and (5)
237 the place where such Bonds are to be surrendered for payment of the
238 redemption price, which place of payment shall be the office of the
239 Registrar.
240
241 Official notice of redemption having been given as stated above, Bonds or
242 portions of Bonds to be redeemed shall, on the redemption date, become
243 due and payable at the redemption price therein specified, and from and
244 after such date, such Bonds or portions of Bonds shall cease to bear
245 interest. Upon surrender of such Bonds for redemption in accordance
246 with said notice, such Bonds shall be paid at the redemption price.
247 Installments of interest due on or prior to the redemption date shall be
248 payable as herein provided for payment of interest. All Bonds which have
249 been redeemed shall be canceled and destroyed by the Registrar and
250 shall not be reissued.
251
252 Each check or other transfer of funds issued to pay the redemption price
253 of Bonds shall bear the CUSIP number, if any, identifying, by maturity the
254 Bonds being redeemed with the proceeds of such check or other transfer.
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255 Section 7: Form of Bond. Each Bond shall be in substantially the following form,
256 with such variations, omissions, and insertions as may be required or
257 permitted by this Resolution:
258
259 UNITED STATES OF AMERICA
260
261 KODIAK ISLAND BOROUGH,ALASKA
262
263 NO. $
264
265 GENERAL OBLIGATION SCHOOL BOND
266
267 REGISTERED OWNER:
268
269 PRINCIPAL AMOUNT:
270
271 The Kodiak Island Borough (the "Borough"), a municipal
272 corporation of the State of Alaska, hereby acknowledges itself to owe and
273 for value received promises to pay to the Registered Owner identified
274 above, or its registered assigns, the principal amount identified above in
275 the following installments on each of the following years, and to pay
276 interest on such installments from the date hereof, payable on 1,
277 201_, and semiannually thereafter on 1, and 1, of each year,
278 at the rates per annum as follows:
279
280 Maturity Principal Interest
281 Date Amount Rate
282
283
284
285 When and if this Bond is owned by the Alaska Municipal Bond
286 Bank or a Financial Institution, payment of principal and interest shall be
287 made as provided in the Loan Agreement between the Bond Bank or
288 Financial Institution and the Borough (the"Loan Agreement'). When and
289 if this Bond is not owned by the Bond Bank or a Financial Institution,
290 installments of principal of and interest on this Bond shall be paid by
291 check or draft mailed by first class mail to the Registered Owner as of the
292 close of business on the 15th day of the month before each installment
293 payment date; provided, that the final installment of principal of and
294 interest on this Bond shall be payable upon presentation and surrender of
295 this Bond by the Registered Owner at the office of the Registrar. Interest
296 will be computed on the basis of a 360-day year consisting of twelve 30-
297 day months. Both principal of and interest on this Bond are payable in
298 lawful money of the United States of America which, on the respective
299 dates of payment thereof, shall be legal tender for the payment of public
300 and private debts.
301
302 This Bond is one of the General Obligation School Bonds of the
303 Kodiak island Borough, Alaska, of like tenor and effect except as to
304 interest rate, serial number, right of redemption or prepayment and
305 maturity, and constituting Bonds authorized for the purpose of paying the
306 cost of school and related capital improvements in the Borough, and is
307 issued under Resolution No. FY2016- of the Borough entitled:
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308
309 A RESOLUTION OF THE KODIAK ISLAND BOROUGH
310 ASSEMBLY AUTHORIZING THE BOROUGH TO
311 ISSUE GENERAL OBLIGATION SCHOOL BONDS IN
312 THE PRINCIPAL AMOUNT OF NOT TO EXCEED
313 $14,000000 8,000,OOOTO PROVIDE FUNDS FOR
314 SCHOOL AND RELATED CAPITAL IMPROVEMENTS
315 IN THE BOROUGH AND TO PAY COSTS OF ISSUING
316 THE BONDS, FIXING CERTAIN DETAILS OF SUCH
317 BONDS, AUTHORIZING THEIR SALE, AND
318 PROVIDING FOR RELATED MATTERS
319
320 (the"Resolution").
321
322 The Bonds[Installments of principal of this Bond] maturing on and
323 after 1, 20—, shall be subject to prepayment on and after 1,
324 2C L__, at the option of the Borough [(subject to any applicable provisions
325 of the Loan Agreement)], in such principal amounts and from such
326 maturities as the Borough may determine, and by lot within a maturity, at
327 a redemption price equal to the principal amount to be prepaid, plus
328 accrued interest to the date of prepayment.
329
330 This Bond is transferable as provided in the Resolution, (i) only
331 upon the Bond Register of the Borough, and (ii) upon surrender of this
332 Bond together with a written instrument of transfer duly executed by the
333 Registered Owner or the duly authorized attorney of the Registered
334 Owner, and thereupon a new fully registered Bond or Bonds in the same
335 aggregate principal amount and maturity shall be issued to the transferee
336 in exchange therefor as provided in the Resolution and upon the payment
337 of charges, if any, as therein prescribed. The Borough may treat and
338 consider the person in whose name this Bond is registered as the
339 absolute owner hereof for the purpose of receiving payment of, or on
340 account of, the principal or redemption price, if any, hereof and interest
341 due hereon and for all other purposes whatsoever.
342
343 This Bond is a general obligation of the Kodiak Island Borough,
344 and the full faith and credit of the Borough are pledged for the payment of
345 the principal of and interest on this Bond as the same shall become due.
346
347 IT IS HEREBY CERTIFIED AND RECITED that all conditions,
348 acts or things required by the constitution or statutes of the State of
349 Alaska to exist, to have happened or to have been performed precedent
350 to or in the issuance of this Bond exist, have happened and have been
351 performed, and that the series of Bonds of which this is one,together with
352 all other indebtedness of the Borough, is within every debt and other limit
353 prescribed by such constitution or statutes.
354
355 IN WITNESS WHEREOF, THE KODIAK ISLAND BOROUGH,
356 ALASKA, has caused this Bond to be signed in its name and on its behalf
357 by the manual or facsimile signature of its Mayor and its corporate seal
358 (or a facsimile thereof) to be impressed or otherwise reproduced hereon
359 and attested by the manual or facsimile signature of its Clerk, all as of the
360 day of ,2015.
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361
362 KODIAK ISLAND BOROUGH
363
364 Ispeciment
365 Borough Mayor
366
367 ATTEST:
368
369 /specimen/
370 Borough Clerk
371
372 Section 8: Execution. The Bonds shall be executed in the name of the Borough by
373 the manual or facsimile signature of the Mayor, and its corporate seal (or
374 a facsimile thereof) shall be impressed or otherwise reproduced thereon
375 and attested by the manual or facsimile signature of the Borough Clerk.
376 The execution of a Bond on behalf of the Borough by persons who at the
377 time of the execution are duly authorized to hold the proper offices shall
378 be valid and sufficient for all purposes, although any such person shall
379 have ceased to hold office at the time of delivery of the Bond or shall not
380 have held office on the date of the Bond.
381
382 Section 9, Payment of Principal and Interest. The Bonds shall be payable in lawful
363 money of the United States of America which at the time of payment is
384 legal tender for the payment of public and private debts. When and if the
385 Bond Bank or a Financial Institution is the Registered Owner of the
386 Bonds, payment of principal of and interest on the Bonds shall be made
387 as provided in the Loan Agreement. When and if the Bond Bank or a
368 Financial Institution is not the Registered Owner of the Bonds,
389 installments of principal of and interest on the Bonds shall be paid by
390 check mailed by first class mail to the Registered Owner as of the record
391 date for the installment payment at the address appearing on the Bond
392 Register; provided, that the final installment of principal and interest on a
393 Bond shall be payable upon presentation and surrender of the Bond by
394 the Registered Owner at the office of the Registrar.
395
396 Section 10: Registration. The Bonds shall be issued only in registered form as to
397 both principal and interest. The Borough designates the Borough
398 Finance Director as Registrar for the Bonds. The Registrar shall keep, or
399 cause to be kept,the Bond Register at the principal office of the Borough.
400 The Borough covenants that, until all Bonds have been surrendered and
401 canceled, it will maintain a system for recording the ownership of each
402 Bond that complies with the provisions of Section 149 of the Code. The
403 Borough and the Registrar may treat the person in whose name any Bond
404 shall be registered as the absolute owner of such Bond for all purposes,
405 whether or not the Bond shall be overdue,and all payments of principal of
406 and interest on a Bond made to the Registered Owner thereof or upon its
407 order shall be valid and effectual to satisfy and discharge the liability upon
408 such Bond to the extent of the sum or sums so paid, and neither the
409 Borough nor the Registrar shall be affected by any notice to the contrary.
410
411 Section 11: Transfer and Exchange. Bonds shall be transferred only upon the Bond
412 Register. Upon surrender for transfer or exchange of any Bond at the
413 office of the Registrar, together with a written instrument of transfer or
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414 authorization for exchange in form and with guaranty of signature
415 satisfactory to the Registrar, duly executed by the Registered Owner or
416 the duly authorized attorney of the Registered Owner, the Borough shall
417 execute and deliver an equal aggregate principal amount of Bonds of the
418 same maturity of any authorized denominations, subject to such
419 reasonable regulations as the Borough may prescribe and upon payment
420 sufficient to reimburse it for any tax, fee or other governmental charge
421 required to be paid in connection with such transfer or exchange. All
422 Bonds surrendered for transfer or exchange shall be canceled by the
423 Registrar.
424
425 Section 12: Bonds Mutilated. Destroyed, Stolen, or Lost. Upon surrender to the
426 Registrar of a mutilated Bond, the Borough shall execute and deliver a
427 new Bond of like maturity and principal amount. Upon filing with the
428 Registrar of evidence satisfactory to the Borough that a Bond has been
429 destroyed, stolen, or lost and of the ownership thereof, and upon
430 furnishing the Borough with indemnity satisfactory to it,the Borough shall
431 execute and deliver a new Bond of like maturity and principal amount.
432 The person requesting the execution and delivery of a new Bond under
433 this section shall comply with such other reasonable regulations as the
434 Borough may prescribe and shall pay such expenses as the Borough may
435 incur in connection therewith.
436
437 Section 13: Disposition of the Sale Proceeds of the Bonds. The sale proceeds of the
438 Bonds representing accrued interest on the Bonds shall be applied to pay
439 a portion of the interest due on the Bonds on the first interest payment
440 date for the Bonds. The sale proceeds of the Bonds representing original
441 issue premium on the Bonds shall be applied to pay a portion of the
442 interest due on the Bonds on the first interest payment date for the
443 Bonds, or Costs of the Project, and shall be deposited in such manner as
444 the Borough Manager or the Borough Finance Director may determine.
445 The remaining sale proceeds of the Bonds shall be applied to pay Costs
446 of the Project, and shall be deposited in the appropriate funds or accounts
447 of the Borough for such purposes.
448
449 Section 14: Tax Covenants. The Borough covenants to comply with any and all
450 applicable requirements set forth in the Code in effect from time to time to
451 the extent that such compliance shall be necessary for the exclusion of
452 the interest on the Bonds from gross income for federal income tax
453 purposes. The Borough covenants that it will make no use of the
454 proceeds of the Bonds which will cause the Bonds to be"arbitrage bonds"
455 subject to federal income taxation by reason of Section 148 of the Code.
456 The Borough covenants that it will not take or permit any action that
457 would cause the Bonds to be"private activity bonds"as defined in Section
458 141 of the Code.
459
460 Section 15: Amendatory,and Supplemental Resolutions.
461
462 (a) The Assembly from time to time and at any time may adopt a
463 resolution or resolutions supplemental hereto, which resolution or
464 resolutions thereafter shall become a part of this Resolution, for any one
465 or more of the following purposes:
466
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467 (1) To add to the covenants and agreements of the Borough in
468 this Resolution, other covenants and agreements thereafter to be
469 observed or to surrender any right or power herein reserved to or
470 conferred upon the Borough.
471
472 (2) To make such provisions for the purpose of curing any
473 ambiguities or of curing, correcting or supplementing any defective
474 provision contained in this Resolution or in regard to matters or
475 questions arising under this Resolution as the Assembly may
476 deem necessary or desirable and not inconsistent with this
477 Resolution and which shall not adversely affect the interests of the
478 Registered Owners of the Bonds.
479
480 Any such supplemental resolution may be adopted without the consent of
481 the Registered Owners of any of the Bonds at any time outstanding,
482 notwithstanding any of the provisions of subsection(b)of this section.
483
484 (b) With the consent of the Registered Owners of not less than 60
485 percent in aggregate principal amount of the Bonds at the time
486 outstanding, the Assembly may adopt a resolution or resolutions
487 supplemental hereto for the purpose of adding any provisions to or
488 changing in any manner or eliminating any of the provisions of this
489 Resolution or of any supplemental resolution; provided, however, that no
490 such supplemental resolution shall:
491
492 (1) Extend the fixed maturity of any of the Bonds, or reduce
493 the rate of interest thereon, or extend the time of payments of
494 interest from their due date, or reduce the amount of the principal
495 thereof, or reduce any premium payable on the redemption
496 thereof, without the consent of the Registered Owner of each
497 Bond so affected;or
498
499 (2) Reduce the aforesaid percentage of Registered Owners of
500 Bonds required to approve any such supplemental resolution
501 without the consent of the Registered Owners of all of the Bonds
502 then outstanding.
503
504 It shall not be necessary for the consent of the Registered Owners of the
505 Bonds under this subsection to approve the particular form of any
506 proposed supplemental resolution, but it shall be sufficient if such consent
507 approves the substance thereof.
508
509 (c) Upon the adoption of any supplemental resolution under this
510 section, this Resolution shall be deemed to be modified and amended in
511 accordance therewith, and the respective rights, duties, and obligations
512 under this Resolution of the Borough and all Registered Owners of
513 outstanding Bonds shall thereafter be subject in all respects to such
514 modification and amendment, and all the terms and conditions of the
515 supplemental resolution shall be deemed to be part of the terms and
516 conditions of this Resolution for any and all purposes.
517
518 (d) Bonds executed and delivered after the adoption of any
519 supplemental resolution under this section may bear a notation as to any
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520 matter provided for in such supplemental resolution, and if such
521 supplemental resolution shall so provide, new Bonds modified so as to
522 conform, in the opinion of the Borough, to any modification of this
523 Resolution contained in any such supplemental resolution may be
524 prepared by the Borough and delivered without cost to the Registered
525 Owners of the Bonds then outstanding, upon surrender for cancellation of
526 such Bonds in equal aggregate principal amounts.
527
528 Section 16: Defeasance. In the event money and/or non-callable Government
529 Obligations maturing at such times and bearing interest to be earned
530 thereon in amounts sufficient to redeem and retire any or all of the Bonds
531 in accordance with their terms are set aside in a special trust account to
532 effect such redemption or retirement and such moneys and the principal
533 of and interest on such Government Obligations are irrevocably set aside
534 and pledged for such purpose,then no further payments need be made to
535 pay or secure the payment of the principal of and interest on such Bonds
536 and such Bonds shall be deemed not to be outstanding.
537
538 Section 17: Sale of Bonds. The Bonds shall be sold at negotiated sale to the Bond
539 Bank or a Financial Institution as provided in the form of Loan Agreement
540 or at public sale as the Borough Manager and Finance Director determine
541 is in the best interest of the Borough. Subject to the limitations provided
542 in Sections 2 and 4, each of the Borough Manager and the Borough
543 Finance Director is hereby authorized to determine the aggregate
544 principal amount, maturity amounts, interest rates, yields, dated date,
545 principal and interest payment dates, redemption terms, if any, for the
546 Bonds, and other details of the Bonds; provided that the true interest cost
547 of the Bonds, expressed as an annual rate, does not exceed 6.0 percent.
548 In determining the maturity amounts, interest rates, yields, and
549 redemption terms, if any,for the Bonds,the Borough Manager or Borough
550 Finance Director shall take into account those factors which, in the
551 judgment of each, will result in the lowest true interest cost on the Bonds
552 to their maturity, including without limitation current financial market
553 conditions and current interest rates for obligations comparable in tenor
554 and quality to the Bonds. Based upon the foregoing determinations, the
555 Borough Manager and the Borough Finance Director each is authorized
556 to execute the Loan Agreement, in substantially the form presented at this
557 meeting, or to sell the Bonds at public sale as they deem appropriate and
558 cost effective to,and in the best interest of,the Borough.
559
560 Section 78: Authority of Officers. The Mayor, the Borough Manager, the Borough
561 Finance Director, and the Borough Cleric each is authorized and directed
562 to do and perform all things and determine all matters not determined by
563 this Resolution, to the end that the Borough may carry out its obligations
564 under the Bonds and this Resolution.
565
566 Section 19: Prohibited Sale of Bonds. No person,fine,or corporation,or any agent or
567 employee thereof, acting as financial consultant to the Borough under an
568 agreement for payment in connection with the sale of the Bonds is eligible
569 to purchase the Bonds as a member of the original underwriting syndicate
570 either at public or private sale.
571
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572 Section 20: On-going Disclosure. The Borough acknowledges that under Rule 15c2-
573 12 of the Securities and Exchange Commission (the"Rule") the Borough
574 may now or in the future bean"obligated person." In accordance with the
575 Rule, and as the Bond Bank or a Financial Institution may require, the
576 Borough shall undertake to provide certain annual financial information
577 and operating data as shall be set forth in the Loan Agreement.
578
579 Section 21: Miscellaneous.
580
581 (a) All payments made by the Borough of, or on account of, the
582 principal of or interest on the Bonds shall be made on the several Bonds
583 ratably and in proportion to the amount due thereon, respectively, for
584 principal or interest as the case may be.
585
586 (b) No recourse shall be had for the payment of the principal of or the
587 interest on the Bonds or for any claim based thereon or on this Resolution
588 against any member of the Assembly or officer of the Borough or any
589 person executing the Bonds. The Bonds are not and shall not be in any
590 way a debt or liability of the State of Alaska or of any political subdivision
591 thereof, except the Borough, and do not and shall not create or constitute
592 an indebtedness or obligation, either legal, moral, or otherwise, of such
593 state or of any political subdivision thereof, except the Borough.
594
595 Section 22: Severabilitv. if any one or more of the provisions of this Resolution shall
596 be declared by any court of competent jurisdiction to be contrary to law,
597 then such provision shall be null and void and shall be deemed separable
598 from the remaining provisions of this Resolution and shall in no way affect
599 the validity of the other provisions of this Resolution or of the Bonds.
600
601 Section 23: Effective Date. This Resolution shall become effective upon passage and
602 approval.
603
604 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
605 THIS DAY OF AUGUST,2015
606
607 KODIAK ISLAND BOROUGH
608
609
610
611
612 Jerrol Friend, Borough Mayor
613
614 ATTEST:
615
616
617
618
619 Nova M.Javier, Borough Clerk
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Introduced by: Borough Manager
Requested by: Finance Director
Dratted by: Bond Counsel
Introduced on: 0 812012 01 5
Adopted on:
1
2 KODIAK ISLAND BOROUGH
3 RESOLUTION NO.FY2016-06
4
5 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY
6 AUTHORIZING THE BOROUGH TO ISSUE GENERAL OBLIGATION
7 SCHOOL BONDS IN THE PRINCIPAL AMOUNT NOT TO EXCEED
8 $10,230,000 TO FINANCE THE RENEWAL AND REPLACEMENT
9 SCHEDULE RELATED TO BOROUGH-OWNED SCHOOL FACILITIES,
10 PROJECTS WHICH ARE 70% REIMBURSABLE BY THE STATE OF
11 ALASKA, AND TO PAY COSTS OF ISSUING THE BONDS, FIXING
12 CERTAIN DETAILS OF SUCH BONDS, AUTHORIZING THEIR SALE,
13 AND PROVIDING FOR RELATED MATTERS
14
15 WHEREAS, pursuant to Ordinance No. FY2015-02 of the Kodiak Island Borough, Alaska (the
16 "Borough"),adopted August 7,2014, a question whether the Borough should issue not to exceed
17 $10,230,000 in general obligation bonds for the purpose of paying the cost of the renewal and
18 replacement schedule related to Borough-owned school facilities, projects which are 70%
19 reimbursable by the State of Alaska, referred to the regular Borough election held on October 7,
20 2014,as Proposition No. 1 ('Proposition 1"),was passed and approved;and
21
22 WHEREAS, the Assembly finds that it is in the best interest of the Borough to carry out the
23 Projects, defined below, and to issue not to exceed $10,230,000 principal amount of general
24 obligation bonds referred to in Proposition 1,to pay part of the costs of the Projects and costs of
25 issuing the bonds;and
26
27 WHEREAS, the Borough will not issue the bonds until the Borough's school district receives
28 notice from the State of Alaska Department of Education✓6 Early Development, Division of School
29 Finance,that the bonds are approved for 70%reimbursement;and
30
31 WHEREAS, the bonds will not be sold If the true Interest cost Is over four percent (4%);
32 and
33
34 WHEREAS, Section 29.47.410 of the Alaska Statutes provides that the Assembly by resolution
35 may provide for the form and manner of safe of bonds and notes;and
36
37 WHEREAS, the Assembly finds that it Is necessary and appropriate to delegate to each of the
38 Borough Manager and Borough Finance Director authority to determine the maturity amounts,
39 interest rates,and other details of the bonds,and to determine other matters that are not provided
40 for in this resolution, including without limitation,whether to sell the Bonds to the Alaska Municipal
41 Bond Bank(the"Bond Bank')or another Financial Institution or to offer the Bonds at public sale;
42
43 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
44 BOROUGH THAT:
45
46 Section 1: Definitions. In addition to terms which are defined in the recitals above, the
47 following terms shall have the following meanings in this Resolution:
48
49 (a) "Assam 1 means the Assembly of the Kodiak Island Borough, as the
50 general legislative authority of the Kodiak Island Borough, as the same shall be
51 duly and regularly constituted from time to time.
52
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53 (b) 'Bond'or"Bonds'means any of the`General Obligation School Bonds'
54 of the Kodiak Island Borough, the issuance and sale of which are authorized
55 herein.
56
57 (c) 'BondBank" means the Alaska Municipal Bond Bank, a public
58 corporation of the Stale of Alaska.
59
60 (d) 'Bond Bank Bonds"means the series of general obligation bonds issued
61 by the Bond Bank,all or part of the proceeds of which are used to purchase the
62 Bonds.
63
64 (e) *Bond i er' means the registration books maintained by the
65 Registrar,which include the names and addresses of the Registered Owners of
66 the Bonds or their nominees.
67
BB (f) rou h"means the Kodiak Island Borough, a municipal corporation of
69 the State of Alaska, organized as a second class borough under Title 29 of the
70 Alaska Statutes.
71
72 (g) 'Borough Manaaer•means the Manager or Administrative Official of the
73 Borough.
74
75 (h) 'Code" means the Internal Revenue Code of 1986, as amended from
76 time to time,together with all regulations applicable thereto.
77
78 (1) 'C21t or 'Costs' means the cost of planning, designing, acquiring
79 property for, acquiring, constructing, Installing and equipping the Projects,
80 including interest on the Bonds during the period of planning, designing,
81 acquiring property for, acquiring, constructing, installing, and equipping the
82 Projects,the cost whether incurred by the Borough or by another of field surveys
83 and advance planning undertaken in connection with the Projects properly
84 allocable to the Projects, the cost of acquisition of any land or interest therein
85 required as the site or sites of the Projects or for use In connection therewith,the
86 cost of any indemnity and surety bonds and premiums on insurance incurred in
87 connection with the Projects prior to or during construction thereof, all related
88 direct administrative and inspection expenses whether incurred by the Borough
89 or by another in connection with the Projects prior to or during construction
90 thereof and allocable portions of direct costs of the Borough, legal fees,costs of
91 issuance of the Bonds by the Borough, including financing charges and fees and
92 expenses of bond counsel, financial advisors and consultants in connection
93 therewith,the cost of any bond Insurance premium and bond ratings, the cost of
94 audits, the cost of all machinery,apparatus, and equipment,cost of engineering,
95 architectural services, designs, plans, specifications and surveys, estimates of
96 cost, the reimbursement of all moneys advanced from whatever source for the
97 payment of any item or items of cost of the Projects, and all other expenses
98 necessary or incidental to the acquisition and development of the Projects, the
99 financing thereof and the putting of the same in use and operation.
100
101 0) 'Financial institution" means any bank or other financial Institution
102 insured by the Federal Deposit Insurance Corporation or the Federal Savings
103 and Loan Insurance Corporation.
104
105 (k) 'Government Obligations' means obligations that are either (!)direct
106 obligations of the United States of America or (ii)obligations of an agency or
107 instrumentality of the United States of America the timely payment of the
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108 principal of and interest on which are unconditionally guaranteed by the United
109 States of America.
110
111 (1) "Loan Aareemenl' means the Loan Agreement between the Borough
112 and the Bond Bank or other Financial Institution concerning the Bonds.
113
114 (m) "Projects' means, collectively, the cost of school facilities renewal and
115 replacement projects that address wom out building components such as roofs,
116 floors, underground storage tanks,etc. that have reached the and of their useful
117 life, including without limitation the following projects and other related projects:
116 Kodiak Middle School underground storage tank replacement, new elevator
119 controls, new HVAC (heating) controls, rear parking lot paving, fire alarm
120 replacement and bus ramp roof replacement; East Elementary School flooring
121 replacement, cafeteria roof replacement, partial interior renovation and
122 replacement of plumbing fixtures; Peterson Elementary School flooring
123 replacement, new HVAC (heating) controls, parking lot paving and replacement
124 of boilers; Port Lions School underground storage tank replacement and
125 playground equipment replacement; Main Elementary School underground
126 storage tank replacement and gym floor replacement; Ouzinkie School old wing
127 flooring replacement, new wing flooring replacement and playground equipment
128 replacement; Akhiok School flooring replacement and playground equipment
129 replacement; Karluk School flooring replacement and playground equipment
130 replacement; Chiniak School playground equipment replacement; and Old
131 Harbor School playground equipment replacement and underground storage
132 tank replacement.
133
134 (n) 'Registered Owner•means the person named as the registered owner of
135 a Bond in the Bond Register.
136
137 (o) $ggjgr"means the Borough Finance Director, or any successor that
138 the Borough may appoint by resolution.
139
140 (p) 'Resolution'means this Resolution No.FY2016 of the Borough.
141
142 Section 2: Authorization of Bonds and Purpose of Issuance. For the purpose of providing
143 funds for financing the Costs of the Projects, the Borough shall issue and sell
144 general obligation bonds designated `Kodiak Island Borough, Alaska, General
145 Obligation School Bonds'(the"Bonds') in the aggregate principal amount of not
146 to exceed $10,230,000. The proceeds of the Bonds shall be used to pay Costs
147 of the Projects. The Projects serve a public purpose of the Borough.
146
149 The Manager and/or the Finance Director are hereby authorized to determine
150 whether the Bonds shall be sold to the Bond Bank or a Financial institution or
151 sold at public sale,and whether to Issue the Bonds in one or more issues, but in
152 no event shall the aggregate principal amount of the Bonds exceed$10,230,000.
153
154 The Borough will not issue the bonds until the Borough's school district receives
155 notice from the State of Alaska Department of Education & Early Development,
156 Division of School Finance,that the bonds are approved for 70%reimbursement.
157
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158 Section 3: Obligation of Bonds. The Bonds shall be direct and general obligations of the
159 Borough, and the full faith and credit of the Borough are hereby pledged to the
160 payment of the principal of and interest on the Bonds. The Borough hereby
161 irrevocably pledges and covenants that it will levy and collect taxes upon all
162 taxable property within the Borough without limitation as to rate or amount, in
163 amounts sufficient together with other funds legally available therefor, to pay the
164 principal of and interest on the Bonds as the same become due and payable.
165
166 Section 4: Desionation. Maturities. Interest Rates, and Other Details of Bonds. The Bonds
167 shall be designated 'Kodiak Island Borough, Alaska, General Obligation School
168 Bonds.' The Bonds shall be in the denomination of $5,000 or any integral
189 multiple thereof, shall be numbered separately in the manner and with such
170 additional designation as the Registrar deems necessary for purposes of
171 Identification, and may have endorsed thereon such legends or text as may be
172 necessary or appropriate to conform to the rules and regulations of any
173 governmental authority or any usage or requirement of law with respect thereto.
174
175 The Bonds shall mature in one or more years commencing no earlier than 2015
176 and ending no later than 201 . The Bonds shall bear interest from their date,
177 payable commencing on a dale on or after F 1, 20—J, and semi-annually
178 thereafter. Interest will be computed on the basis of a 380-day year consisting of
179 twelve 30-day months.
180
181 Subject to Section 2 and the remainder of this Section, the dated date, the
182 principal and interest payment dates, the record dates for interest payments, the
183 aggregate principal amount, the principal amount of each maturity, and the
184 interest rates on the Bonds shall be determined at the time of execution of the
185 Loan Agreement at or before public sale of the Bonds under Section 17,
186
187 Section 5: Optional Redemption. The Bonds, if any, subject to optional redemption by the
188 Borough, the time or times when such Bonds are subject to optional redemption,
189 the terms upon which such Bonds may be redeemed, and the redemption price
190 or redemption prices for such Bonds, shall be determined at the time of sale of
191 the Bonds by the Borough Manager or Finance Director,
192
193 Section B: selection of Bonds for Redemption:Notice of Redemption.
194
195 (a) Selection of Bonds for Redemption. When and if the Bond Bank or a
196 Financial Institution is the Registered Owner of the Bonds,the selection of Bonds
197 to be redeemed shall be made as provided in the Loan Agreement When and if
198 the Bond Bank or a Financial Institution is not the Registered Owner of the
199 Bonds,the selection of Bonds to be redeemed shall be made as provided in this
200 subsection (a). if the Borough redeems at any one time fewer than all of the
201 Bonds having the same maturity date, the particular Bonds or portions of Bonds
202 of such maturity to be redeemed shalt be selected by lot(or in such other manner
203 determined by the Registrar)in increments of$5,000. In the case of a Bond of a
204 denomination greater than $5,000, the Borough shall treat such Bond as
205 representing such number of separate Bonds each of the denomination of$5„000
206 as is obtained by dividing the actual principal amount of such Bond by$5,000„ In
207 the event that only a portion of the principal amount of a Bond is redeemed,upon
208 surrender of such Bond at the office of the Registrar there shall be issued to the
209 Registered Owner, without charge therefor, for the then unredeemed balance of
210 the principal amount thereof, at the option of the Registered Owner, a Bond or
211 Bonds of like maturity and Interest rate In any of the denominations authorized
212 herein.
213
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214 (b) Notice of Redemption. When and if the Bond Bank or a Financial
215 Institution is the Registered Owner of the Bonds„ notice of any intended
216 redemption of Bonds shall be given as provided In the Loan Agreement. When
217 and If the Bond Bank or a Financial Institution is not the Registered Owner of the
218 Bonds, notice of any intended redemption of Bonds shall be given as provided in
219 this subsection (b), Notice of redemption shall be mailed not less than 20 or
220 more than 45 days prior to the date fixed for redemption by first class mail to
221 Registered Owners of the Bonds to be redeemed at their addresses as they
222 appear an the Bond Register on the day the notice is prepared. Notice of
223 redemption shall be deemed to have been given when the notice Is mailed as
224 herein provided,whether or not it is actually received by the Registered Owners..
225 All notices of redemption shall be dated and shall state (1)the redemption date;,
226 (2) the redemption price: (3) 0 fewer than all outstanding Bonds are to be
227 redeemed, the identification (and, in the case of partial redemption„ the
228 respective principal amounts) of the Bonds to be redeemed; (4) that on the
229 redemption date the redemption price will become due and payable upon each
230 such Bond or portion thereof called for redemption„and that Interest thereon shall
231 cease to accrue from and after said date, and (5) the place where such Bonds
232 are to be surrendered for payment of the redemption price, which place of
233 payment shall be the office of the Registrar„
234
235 Official notice of redemption having been given as staled above, Bonds or
238 portions of Bonds to be redeemed shall, on the redemption date, become due
237 and payable at the redemption price therein specified, and from and after such
236 date, such Bonds or portions of Bonds shall cease to bear interest. Upon
239 surrender of such Bonds for redemption in accordance with said notice„ such
240 Bonds shall be paid at the redemption price. Installments of interest due on or
241 prior to the redemption date shall be payable as herein provided for payment of
242 interest All Bonds which have been redeemed shall be canceled and destroyed
243 by the Registrar and shall not be reissued.
244
245 Each check or other transfer of funds Issued to pay the redemption price of
246 Bonds shall bear the CUSIP number, if any, identifying, by maturity the Bonds
247 being redeemed with the proceeds of such check or other transfer.,
248
249 Section 7: Form of_Bond. Each Bond shall be in substantially the following form,with such
250 variations, omissions, and insertions as may be required or permitted by this
251 Resolution:
252
253 UNITED STATES OF AMERICA
254
255 KODIAK ISLAND BOROUGH,ALASKA
256
257 NO. $
258
259 GENERAL OBLIGATION SCHOOL BOND
260
261 REGISTERED OWNER:
262
263 PRINCIPAL AMOUNT:
264
265 The Kodiak Island Borough (the "Borough'), a municipal corporation of
266 the State of Alaska, hereby acknowledges Itself to owe and for value received
267 promises to pay to the Registered Owner identified above, or Its registered
268 assigns, the principal amount identified above in the following installments on
269 each of the following years, and to pay Interest on such installments from the
., ...........1__. . ....._ ,
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270 dale hereof, payable on 1, 201_, and semiannually thereafter an 1,
271 and 1,of each year,at the rates per annum as follows:
272
273 Maturity Principal Interest
274 Date Amount e-
275
276
277
278 When and if this Bond is owned by the Alaska Municipal Bond Bank or a
279 Financial Institution,payment of principal and interest shall be made as provided
280 in the Loan Agreement between the Bond Bank or Financial Institution and the
281 Borough (the 'Loan Agreement!). When and if this Bond is not owned by the
282 Bond Bank or a Financial Institution, installments of principal of and interest on
283 this Bond shall be paid by check or draft mailed by first class mail to the
284 Registered Owner as of the close of business on the 15th day of the month
285 before each installment payment date; provided, that the final installment of
286 principal of and interest on this Bond shall be payable upon presentation and
287 surrender of this Band by the Registered Owner at the office of the Registrar.
288 Interest will be computed on the basis of a 360-day year consisting of twelve 30-
289 day months. Both principal of and Interest on this Bond are payable In lawful
290 money of the United States of America which, on the respective dates of
291 payment thereof, shall be legal tender for the payment of public and private
292 debts.
293
294 This Bond is one of the General Obligation School Bonds of the Kodiak
295 Island Borough,Alaska, of like tenor and effect except as to interest rate, serial
296 number, right of redemption or prepayment and maturity, and constituting Bonds
297 authorized for the purpose of paying the cost of school and related capital
298 improvements in the Borough,and is Issued under Resolution No. FY2016-_of
299 the Borough entitled:
300
301 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY
302 AUTHORIZING THE BOROUGH TO ISSUE GENERAL OBLIGATION
303 SCHOOL BONDS IN THE PRINCIPAL AMOUNT NOT TO EXCEED
304 $10,230,000 TO FINANCE THE RENEWAL AND REPLACEMENT
305 SCHEDULE RELATED TO BOROUGH-OWNED SCHOOL FACILITIES,
306 PROJECTS WHICH ARE 70% REIMBURSABLE BY THE STATE OF
307 ALASKA, AND TO PAY COSTS OF ISSUING THE BONDS, FIXING
308 CERTAIN DETAILS OF SUCH BONDS, AUTHORIZING THEIR SALE,
309 AND PROVIDING FOR RELATED MATTERS
310
311 (the"Resolution').
312
313 The Bonds[installments of principal of this Bond)maturing on and after
314 1,20 ,shall be subject to prepayment on and after 1,20—.at the
315 option of the Borough [(subject to any applicable provisions of the Loan
316 Agreement)],in such principal amounts and from such maturities as the Borough
317 may determine, and by lot within a maturity, at a redemption price equal to the
318 principal amount to be prepaid,plus accrued Interest to the date of prepayment.
319
320 This Bond is transferable as provided in the Resolution,(i)only upon the
321 Bond Register of the Borough,and(ii)upon surrender of this Bond together with
322 a written instrument of transfer duly executed by the Registered Owner or the
323 duly authorized attorney of the Registered Owner, and thereupon a new fully
324 registered Bond or Bonds in the same aggregate principal amount and maturity
325 shall be issued to the transferee in exchange therefor as provided in the
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326 Resolution and upon the payment of charges, if any,as therein prescribed. The
327 Borough may treat and consider the person in whose name this Bond is
328 registered as the absolute owner hereof for the purpose of receiving payment of,
329 or on account of,the principal or redemption price.K any,hereof and Interest due
330 hereon and for all other purposes whatsoever.
331
332 This Bond is a general obligation of the Kodiak Island Borough, and the
333 full faith and credit of the Borough are pledged for the payment of the principal of
334 and interest on this Bond as the same shall become due.
335
336 IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts or
337 things required by the constitution or statutes of the Stale of Alaska to exist, to
338 have happened or to have been performed precedent to or In the Issuance of this
339 Bond exist, have happened and have been performed, and that the series of
340 Bonds of which this Is one, together with all other indebtedness of the Borough,
341 is within every debt and other limit prescribed by such constitution or statutes.
342
343 IN WITNESS WHEREOF, THE KODIAK ISLAND BOROUGH,ALASKA,
344 has caused this Bond to be signed in Its name and on its behalf by the manual or
345 facsimile signature of its Mayor and its corporate seal (or a facsimile thereof)to
346 be impressed or otherwise reproduced hereon and attested by the manual or
347 facsimile signature of its Clerk,all as of the day of ,2015.
348
349 KODIAK ISLAND BOROUGH
350
351 /specimen/
352 Borough Mayor
353
354 ATTEST.
355
356 /specimen/
357 Borough Clerk
358
359 Section 8: Execution. The Bonds shall be executed In the name of the Borough by the
360 manual or facsimile signature of the Mayor,and its corporate seal(or a facsimile
361 thereof)shall be impressed or otherwise reproduced thereon and attested by the
362 manual or facsimile signature of the Borough Clerk. The execution of a Bond on
363 behalf of the Borough by persons who at the time of the execution are duly
364 authorized to hold the proper offices shall be valid and sufficient for all purposes,
365 although any such person shall have ceased to hold office at the time of delivery
366 of the Bond or shall not have held office on the date of the Bond.
367
368 Section 9: Payment of Principal and Interest. The Bonds shall be payable in lawful money
369 of the United States of America which at the time of payment is legal tender for
370 the payment of public and private debts. When and if the Bond Bank or a
371 Financial Institution is the Registered Owner of the Bonds, payment of principal
372 of and interest on the Bonds shall be made as provided in the Loan Agreement.
373 When and if the Bond Bank or a Financial Institution is not the Registered Owner
374 of the Bonds, installments of principal of and interest on the Bonds shall be paid
375 by check mailed by first class mail to the Registered Owner as of the record date
376 for the installment payment at the address appearing on the Bond Register,
377 provided, that the final installment of principal and interest on a Bond shall be
378 payable upon presentation and surrender of the Bond by the Registered Owner
379 at the office of the Registrar.
380
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381 Section 10: Rqgistralion. The Bands shall be issued only in registered form as to both
382 principal and Interest. The Borough designates the Borough Finance Director as
383 Registrar for the Bonds. The Registrar shall keep,or cause to be kept,the Bond
384 Register at the principal office of the Borough. The Borough covenants that, until
385 all Bonds have been surrendered and canceled, it will maintain a system for
386 recording the ownership of each Bond that complies with the provisions of
387 Section 149 of the Code. The Borough and the Registrar may treat the person In
388 whose name any Bond shall be registered as the absolute owner of such Bond
389 for all purposes, whether or not the Bond shall be overdue, and all payments of
390 principal of and Interest on a Bond made to the Registered Owner thereof or
391 upon Its order shall be valid and effectual to satisfy and discharge the liability
392 upon such Bond to the extent of the sum or sums so paid, and neither the
393 Borough nor the Registrar shall be affected by any notice to the contrary.
394
395 Section 11: Transfer and Exchange. Bonds shall be transferred only upon the Bond
396 Register Upon surrender for transfer or exchange of any Bond at the office of
397 the Registrar, together with a written instrument of transfer or authorization for
398 exchange in form and with guaranty of signature satisfactory to the Registrar,
399 duly executed by the Registered Owner or the duly authorized attorney of the
400 Registered Owner,, the Borough shall execute and deliver an equal aggregate
401 principal amount of Bonds of the same maturity of any authorized denominations,
402 subject to such reasonable regulations as the Borough may prescribe and upon
403 payment sufficient to reimburse it for any tax, fee or other governmental charge
404 required to be paid in connection with such transfer or exchange. All Bonds
405 surrendered for transfer or exchange shall be canceled by the Registrar,
406
407 Section 12: Bonds Mutilated. Destroygd. Stolen. or Lost. Upon surrender to the Registrar of
408 a mutilated Bond, the Borough shall execute and deliver a new Bond of like
409 maturity and principal amount Upon filing with the Registrar of evidence
410 satisfactory to the Borough that a Bond has been destroyed,stolen,or lost and of
411 the ownership thereof, and upon furnishing the Borough with indemnity
412 satisfactory to it, the Borough shall execute and deliver a new Bond of like
413 maturity and principal amount. The person requesting the execution and delivery
414 of a new Bond under this section shall comply with such other reasonable
415 regulations as the Borough may prescribe and shall pay such expenses as the
416 Borough may incur in connection therewith.
417
418 Section 13: Disposition of the Sale Proceeds of the Bonds. The sale proceeds of the Bonds
419 representing accrued Interest on the Bonds shall be applied to pay a portion of
420 the interest due on the Bonds on the first interest payment dale for the Bonds.
421 The sale proceeds of the Bonds representing original issue premium on the
422 Bonds shall be applied to pay a portion of the interest due on the Bonds on the
423 first interest payment date for the Bonds, or Costs of the Projects, and shall be
424 deposited in such manner as the Borough Manager or the Borough Finance
425 Director may determine. The remaining sale proceeds of the Bonds shall be
426 applied to pay Costs of the Projects, and shall be deposited in the appropriate
427 funds or accounts of the Borough for such purposes.
428
...
�...., ......
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429 Section 14: Tax Covenants. The Borough covenants to comply with any and all applicable
430 requirements set forth in the Code in effect from time to time to the extent that
431 such compliance shall be necessary for the exclusion of the interest on the
432 Bonds from gross Income for federal income tax purposes. The Borough
433 covenants that it will make no use of the proceeds of the Bonds which will cause
434 the Bonds to be'arbitrage bonds"subject to federal income taxation by reason of
435 Section 148 of the Code. The Borough covenants that it will not take or permit
436 any action that would cause the Bonds to be'private activity bonds"as defined in
437 Section 141 of the Code.
438
439 Section 15: Amendatory and Supplemental Resolutions.
440
441 (a) The Assembly from time to time and at any time may adopt a resolution
442 or resolutions supplemental hereto, which resolution or resolutions thereafter
443 shall become a part of this Resolution, for any one or more of the following
444 purposes:
445
446 (1) To add to the covenants and agreements of the Borough in this
447 Resolution, other covenants and agreements thereafter to be observed
448 or to surrender any right or power herein reserved to or conferred upon
449 the Borough.
450
451 (2) To make such provisions for the purpose of curing any
452 ambiguities or of curing, correcting or supplementing any defective
453 provision contained in this Resolution or in regard to matters or questions
454 arising under this Resolution as the Assembly may deem necessary or
455 desirable and not inconsistent with this Resolution and which shall not
456 adversely affect the interests of the Registered Owners of the Bonds.
457
458 Any such supplemental resolution may be adopted wlthout the consent of the
459 Registered Owners of any of the Bonds at any time outstanding,notwithstanding
460 any of the provisions of subsection(b)of this section.
461
462 (b) With the consent of the Registered Owners of not less than 60 percent in
463 aggregate principal amount of the Bonds at the time outstanding, the Assembly
464 may adopt a resolution or resolutions supplemental hereto for the purpose of
465 adding any provisions to or changing in any manner or eliminating any of the
466 provisions of this Resolution or of any supplemental resolution; provided,
467 however,that no such supplemental resolution shall:
468
469 (1) Extend the fixed maturity of any of the Bonds,or reduce the rate
470 of interest thereon, or extend the time of payments of interest from their
471 due date, or reduce the amount of the principal thereof, or reduce any
472 premium payable on the redemption thereof, without the consent of the
473 Registered Owner of each Bond so affected;or
474
475 (2) Reduce the aforesaid percentage of Registered Owners of
476 Bonds required to approve any such supplemental resolution without the
477 consent of the Registered Owners of all of the Bonds then outstanding.
478
479 It shall not be necessary for the consent of the Registered Owners of the Bonds
480 under this subsection to approve the particular form of any proposed
481 supplemental resolution, but it shall be sufficient if such consent approves the
482 substance thereof.
483
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484 (c) Upon the adoption of any supplemental resolution under this section,this
485 Resolution shall be deemed to be modified and amended in accordance
486 therewith, and the respective rights,duties,and obligations under this Resolution
487 of the Borough and all registered Owners of outstanding Bonds shall thereafter
488 be subject in all respects to such modification and amendment,and all the terms
489 and conditions of the supplemental resolution shall be deemed to be part of the
490 terms and conditions of this Resolution for any and all purposes.
491
492 (d) Bonds executed and delivered after the adoption of any supplemental
493 resolution under this section may bear a notation as to any matter provided for in
494 such supplemental resolution, and if such supplemental resolution shall so
495 provide, new Bonds modified so as to conform, in the opinion of the Borough, to
496 any modification of this Resolution contained in any such supplemental resolution
497 may be prepared by the Borough and delivered without cost to the Registered
498 Owners of the Bonds then outstanding, upon surrender for cancellation of such
499 Bonds In equal aggregate principal amounts.
500
501 Section 16: Defeasance. In the event money and/or non-callable Government Obligations
502 maturing at such times and bearing interest to be earned thereon in amounts
503 sufficient to redeem and retire any or all of the Bonds in accordance with their
504 terms are set aside in a special trust account to effect such redemption or
505 retirement and such moneys and the principal of and interest on such
506 Government Obligations are irrevocably set aside and pledged for such purpose,
507 then no further payments need be made to pay or secure the payment of the
508 principal of and interest on such Bonds and such Bonds shall be deemed not to
509 be outstanding.
510
511 Section 17: role of Bonds- The Bonds shall be sold at negotiated sale to the Bond Bank or a
512 Financial Institution as provided in the form of Loan Agreement or at public sale
513 as the Borough Manager and Finance Director determine is in the best interest of
514 the Borough. Subject to the limitations provided in Sections 2 and 4,each of the
515 Borough Manager and the Borough Finance Director is hereby authorized to
516 determine the aggregate principal amount, maturity amounts, interest rates,
517 yields, dated date, principal and interest payment dates, redemption terms, if
518 any,for the Bonds,and other details of the Bonds;provided that the true interest
519 cost of the Bonds,expressed as an annual rate,does not exceed 6.0 percent. In
520 determining the maturity amounts, interest rates,yields,and redemption terms, if
521 any,for the Bonds,the Borough Manager or Borough Finance Director shall take
522 into account those factors which, in the judgment of each,will result in the lowest
523 true Interest cost on the Bonds to their maturity, including without limitation
524 current financial market conditions and current Interest rates for obligations
525 comparable in tenor and quality to the Bonds. Based upon the foregoing
526 determinations, the Borough Manager and the Borough Finance Director each is
527 authorized to execute the Loan Agreement, in substantially the form presented at
528 this meeting, or to sell the Bonds at public sale as they deem appropriate and
529 cost effective to,and in the best interest of,the Borough.
530
531 Section 18: Authority of Officers. The Mayor, the Borough Manager, the Borough Finance
532 Director, and the Borough Clerk each is authorized and directed to do and
533 perform all things and determine all matters not determined by this Resolution,to
534 the and that the Borough may carry out its obligations under the Bonds and this
535 Resolution.
536
537 Section 19: Prohibited Sale of Bonds. No person, firm, or corporation, or any agent or
538 employee thereof, acting as financial consultant to the Borough under an
539 agreement for payment In connection with the sale of the Bonds is eligible to
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540 purchase the Bonds as a member of the original underwriting syndicate either at
541 public or private sale.
542
543 Section 20: Ongoing Disclosure. The Borough acknowledges that under Rule 15c2-12 of the
544 Securities and Exchange Commission (the "Rule') the Borough may now or in
545 the future be an 'obligated person! In accordance with the Rule, and as the
546 Bond Bank or a Financial Institution may require,the Borough shall undertake to
547 provide certain annual financial Information and operating data as shall be set
548 forth In the Loan Agreement
549
550 Section 21: Miscellaneous.
551
552 (a) All payments made by the Borough of, or on account of, the principal of
553 or interest on the Bonds shall be made on the several Bonds ratably and in
554 proportion to the amount due thereon,respectively,for principal or Interest as the
555 case may be.
556
557 (b) No recourse shall be had for the payment of the principal of or the
558 interest on the Bonds or for any claim based thereon or on this Resolution
559 against any member of the Assembly or officer of the Borough or any person
560 executing the Bonds. The Bonds are not and shall not be In any way a debt or
561 liability of the State of Alaska or of any political subdivision thereof, except the
562 Borough, and do not and shall not create or constitute an indebtedness or
563 obligation, either legal, moral, or otherwise, of such state or of any political
564 subdivision thereof,except the Borough.
565
566 Section 22: Severability, If any one or more of the provisions of this Resolution shall be
567 declared by any court of competent jurisdiction to be contrary to law, then such
568 provision shall be null and void and shall be deemed separable from the
569 remaining provisions of this Resolution and shall in no way affect the validity of
570 the other provisions of this Resolution or of the Bonds.
571
572 Section 23: Effective Date. This Resolution shall become effective upon passage and
573 approval.
574
575 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
576 THIS DAY OF .2015
577
578 KODIAK ISLAND BOROUGH
579
580
581
582
583 Jerrol Friend, Borough Mayor
584
585 ATTEST:
586
587
588
589
59D Nova M.Javier,MMC,Borough Clerk
Kodiak Island Borough,Alaska Resolution No.FY2016-06
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KODIAK ISLAND BOROUGH
AGENDA STATEMENT
AUGUST 20.2015
ASSEMBLY REGULAR MEETING
TITLE: Resolution No. FY2016-06 Authorizing the Borough to Issue General
Obligation School Bonds in the Principal Amount not to Exceed$10,230,000 to
Provide Funds to Finance the Renewal and Replacement Schedule Related to
Borough-Owned School Facilities, Projects Which are 70%Reimbursable by
the State of Alaska and to Pay Costs of Issuing the Bonds, Fixing Certain
Details of Such Bonds,Authorizing Their Sale,and Providing for Related
Matters.
ORIGINATOR: Karl Short
FISCAL IMPACT: FUNDS AVAILABLE:
Account Number. Amount Budgeted:
SUMMARY STATEMENT:
Per the October 7,2014 election the Borough can issue$10,230,000 in general obligation
bonds for the renewal and replacement of borough owned school facilities.These bonds are
70%reimbursable by the State of Alaska.The Borough wishes to sell these bonds through
the Alaska Bond Bank.
This resolution authorizes the sale of the bonds and sets certain details of the bonds.
This resolution is similar to the resolutions we have used to sell all of our previous bonds.
RECOMMENDED MOTION:
Move to adopt Resolution No. FY2016-06.
Kodiak Island Borough
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AGENDA ITEM . . .
Introduced by: Borough Manager
Requested by: Finance Direcor
Drafted by, Bond Counsel
Introduced on: 0812912015
Adopted on:
1
2 KODIAK ISLAND BOROUGH
3 RESOLUTION NO.FY2016-06
4
5 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY
6 AUTHORIZING THE BOROUGH TO ISSUE GENERAL OBLIGATION
7 SCHOOL BONDS IN THE PRINCIPAL AMOUNT NOT TO EXCEED
8 $10,230,000 TO FINANCE THE RENEWAL AND REPLACEMENT
9 SCHEDULE RELATED TO BOROUGH-OWNED SCHOOL FACILITIES,
10 PROJECTS WHICH ARE 70% REIMBURSABLE BY THE STATE OF
11 ALASKA, AND TO PAY COSTS OF ISSUING THE BONDS, FIXING
12 CERTAIN DETAILS OF SUCH BONDS, AUTHORIZING THEIR SALE,
13 AND PROVIDING FOR RELATED MATTERS
14
15 WHEREAS„ pursuant to Ordinance No. FY2015-02 of the Kodiak Island Borough, Alaska (the
16 'Borough"),adopted August 7,2014,a question whether the Borough should issue not to exceed
17 $10,230,111DO in general Obligation bonds for the purpose of paying the cost of the renewal and
18 replacement schedule related to Borough-owned school facilities, projects which are 70%
19 reimbursable by the State of Alaska,referred to the regular Borough election held on October 7,
20 2014,as Proposition No.1 ('Proposition 1"),was passed and approved;and
21
22 WHEREAS, the Assembly finds that it is in the best interest of the Borough to carry out the
23 Projects, defined below, and to issue not to exceed $10,230,000 principal amount of general
24 obligation bonds referred to in Proposition 1,to pay part of the costs of the Projects and costs of
25 issuing the bonds;and
26
27 WHEREAS, the Borough will not Issue the bonds until the Borough's school district receives
28 notice from the State of Alaska Department of Education 8 Early Development,Division of School
29 Finance,that the bonds are approved for 70%reimbursement;and
30
31 WHEREAS, Section 29.47.410 of the Alaska Statutes provides that the Assembly by resolution
32 may provide for the form and manner of safe of bonds and notes;and
33
34 WHEREAS,the Assembly finds that it is necessary and appropriate to delegate to each of the
35 Borough Manager and Borough Finance Director authority to determine the maturity amounts,
36 interest rates,and other details of the bonds,and to determine other matters that are not provided
37 for in this resolution,including without limitation,whether to sell the Bonds to the Alaska Municipal
38 Bond Bank(the'Bond Bank)or another Financial Institution or to offer the Bonds at public sale;
39
40 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
41 BOROUGH THAT:
42
43 Section 1: Definitions. In addition to terms which are defined in the recitals above, the
44 following terms shall have the following meanings in this Resolution:
45
46 (a) mbl `means the Assembly of the Kodiak Island Borough, as the
47 general legislative authority of the Kodiak Island Borough,as the same shall be
46 duly and regularly constituted from time to time.
49
50 (b) n °or' on -means any of the"General Obligation School Bonds
51 of the Kodiak Island Borough, the issuance and sale of which are authorized
52 herein.
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53
54 (C) 'Bond--"an ' means the Alaska Municipal Bond Bank, a public
55 corporation of the State of Alaska.
56
67 (d) 'Bond Bank Bonds'means the series of general obligation bonds issued
58 by the Bond Bank,all or part of the proceeds of which are used to purchase the
59 Bonds.
60
61 (a) 'Bond Register means the registration books maintained by the
62 Registrar,which include the names and addresses of the Registered Owners of
63 the Bonds or their nominees.
64
65 (f) 'BQ(Qygh means the Kodiak Island Borough,a municipal corporation of
66 the State of Alaska,organized as a second class borough under Title 29 of the
67 Alaska Statutes.
68
69 (g) means the Manager or Administrative Official of the
70 Borough.
71
72 (h) 'Q" means the internal Revenue Code of 1986, as amended from
73 time to time,together with all regulations applicable thereto.
74
75 W or "_ means the cost of planning, designing, acquiring
76 property for, acquiring, constructing, Installing and equipping the Projects,
77 including interest on the Bonds during the period of planning, designing,
78 acquiring property for, acquiring, constructing, Installing, and equipping the
79 Projects,the cost whether Incurred by the Borough or by another of field surveys
80 and advance planning undertaken in connection with the Projects properly
at allocable to the Projects, the cost of acquisition of any land or interest therein
82 required as the site or sites of the Projects or for use in connection therewith,the
83 cost of any indemnity and surety bonds and premiums on insurance incurred in
84 connection with the Projects prior to or during construction thereof, all related
85 direct administrative and inspection expenses whether Incurred by the Borough
06 or by another In connection with the Projects prior to or during construction
87 thereof and allocable portions of direct costs of the Borough,legal fees,costs of
as issuance of the Bonds by the Borough,including financing charges and fees and
89 expenses of bond counsel, financial advisors and consultants in connection
so therewith,the cost of any bond insurance premium and bond ratings,the cost of
91 audits,the cost of all machinery,apparatus,and equipment,cost of engineering,
92 architectural services, designs, plans, specifications and surveys, estimates of
93 cost, the reimbursement of all moneys advanced from whatever source for the
94 payment of any item or items of cost of the Projects, and ail other expenses
95 necessary or incidental to the acquisition and development of the Projects, the
96 financing thereof and the putting of the same in use and operation.
97
98 'Financial Institution' means any bank or other financial institution
99 Insured by the Federal Deposit Insurance Corporation or the Federal Savings
100 and Loan Insurance Corporation,
101
102 (k) 'Government Obligations means obligations that are either (i)direct
103 obligations of the United States of America or(H)obligations of an agency or
104 Instrumentality of the United States of America the timely payment of the
105 principal of and interest on which are unconditionally guaranteed by the United
106 States of America.
107
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lag (1) 'Loan Agreement' means the Loan Agreement between the Borough
109 and the Bond Bank or other Financial Institution concerning the Bonds.
110
IIII (m) 'Projects' means, collectively, the cost of school facilities renewal and
112 replacement projects that address worn out building components such as roofs,
113 Moors,underground storage tanks,etc.that have reached the end of their useful
114 life, including without limitation the following projects and other related projects:
115 Kodiak Middle School underground storage tank replacement, new elevator
Ila controls, new HVAC (healing) controls, rear parking lot paving, fire alarm
117 replacement and bus ramp roof replacement; East Elementary School flooring
118 replacement, cafeteria roof replacement, partial interior renovation and
119 replacement of plumbing fixtures; Peterson Elementary School flooring
120 replacement new HVAC(heating)controls, parking lot paving and replacement
121 of boilers; Port Lions School underground storage tank replacement and
122 playground equipment replacement; Main Elementary School underground
123 storage tank replacement and gym floor replacement; Ouzinkle School old wing
124 flooring replacement,new wing 5waing replacement and playground equipment
125 replacement; Akhiok School flooring replacement and playground equipment
126 replacement; Karluk School flooring replacement and playground equipment
127 replacement; Chiniak School playground equipment replacement, and Old
128 Harbor School playground equipment replacement and underground storage
129 tank replacement.
130
131 (n) 'Heg1fi0Le0_._0w_nar'means the person named as the registered owner of
132 a Bond In the Bond Register.
133
134 (0) 'EtigiiijM r means the Borough Finance Director,or any successor that
135 the Borough may appoint by resolution.
136
137 (p) 'Resolution'means this Resolution No.FY20 16-_of the Borough,
138
139 Section 2- Authorization of Bonds and Pu a of Issuance. For the purpose of providing
140 funds for financing the Costs of the Projects, the Borough shall issue and sell
141 general obligation bonds designated 'Kodiak Island Borough, Alaska, General
142 Obligation School Bonds'(the'Bonds")In the aggregate principal amount of not
143 to exceed$10,230.000. The proceeds of the Bonds shalt be used to pay Costs
144 of the Projects, The Projects serve a public purpose of the Borough.
145
146 The Manager and/or the Finance Director are hereby authorized to determine
147 whether the Bonds shall be sold to the Bond Bank or a Financial Institution or
148 sold at public sale,and whether to Issue the Bonds in one or more issues,but In
149 no event shall the aggregate principal amount of the Bonds exceed$10,2313,000.
150
151 The Borough will not Issue the bonds until the Borough's school district receives
152 notice from the State of Alaska Department of Education&Early Development,
153 Division of School Finance,that the bonds are approved for 70%reimbursement.
154
155 Section 3, Obligation of Bonds. The Bonds shall be direct and general obligations of the
156 Borough,and the full faith and credit of the Borough are hereby pledged to the
167 payment of the principal of and interest on the Bonds. The Borough hereby
158 irrevocably pledges and covenants that it will levy and collect taxes upon all
159 taxable property within the Borough without limitation as to rate or amount, In
160 amounts sufficient together with other funds legally available therefor,to pay the
161 principal of and Interest on the Bonds as the same become due and payable.
162
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163 Section 4, Designation.Millurilio. Interest Rates.and Other e ails of Bonds. The Bonds
164 shall be designated'Kodiak Island Borough,Alaska,General Obligation School
165 Bonds' The Bonds shall be in the denomination of $5,000 or any integral
166 multiple thereof, shall be numbered separately in the manner and with such
167 additional designation as the Registrar deems necessary for purposes of
168 identification, and may have endorsed thereon such legends or text as may be
169 necessary or appropriate to conform to the rules and regulations of any
170 governmental authority or any usage or requirement of law with respect thereto
171
172 The Bonds shall mature in one of More years commencing no earlier than 20I5
173 and ending no later than 20L_J. The Bonds shall bear interest from their date,
174 payable commencing on a date on or after 1 1,, 20_J, and semi-annually
175 thereafter. Interest will be computed on the basis of a 360-day year consisting of
176 twelve 30-day months.
177
178 Subject to Section 2 and the remainder of this Section, the dated date, the
179 principal and interest payment dates,the record dates for interest payments,the
180 aggregate principal amount, the principal amount of each maturity, and the
181 interest rates on the Bonds shall be determined at the time of execution of the
182 Loan Agreement at or before public sale of the Bonds under Section 17.
163
184 Section 5: Optional Red@mgtion. The Bonds,if any,subject to optional redemption by the
1185 Borough,the time or times when such Bonds are subject to optional redemption,
186 the terms upon which such Bonds may be redeemed, and the redemption price
187 or redemption prices for such Bonds, shall be determined at the time of sale of
188 the Bonds by the Borough Manager or Finance Director.
189
190 Section 6: 581gr(ion of Bonds for Redemption.Notice of Redemption,
191
192 (a) 5elWjQn at Bonds for Redemption. When and if the Bond Bank or a
193 Financial Institution Is the Registered Owner of the Bonds,the selection of Bonds
194 to be redeemed shall be made as provided in the Loan Agreement. When and if
195 the Bond Bank or a Financial Institution Is not the Registered Owner of the
196 Bonds,the selection of Bonds to be redeemed shall be made as provided in this
197 subsection (a). If the Borough redeems at any one time fewer than all of the
ISO Bonds having the same maturity date,the particular Bonds or portions of Bonds
199 of such maturity to be redeemed shall be selected by lot(or In such other manner
200 determined by the Registrar)in increments of$5.000 In the case of a Bond of a
201 denomination greater than $5,000, the Borough shall treat such Bond as
202 representing such number of separate Bonds each of the denomination of 55,000
203 as is obtained by dividing the actual principal amount of such Bond by$5,000. In
204 the event that only a portion of the principal amount of a Bond Is redeemed,upon
205 surrender Of such Bond at the office of the Registrar there shall be issued to the
206 Registered Owner,without charge therefor,, for the then unredeemed balance of
207 the principal amount thereof, at the option of the Registered Owner,a Bond or
208 Bonds of like maturity and Interest rate In any of the denominations authorized
209 herein.
210
211 (b) Nnfim QLRedemption, When and if the Bond Bank or a Financial
212 Institution Is the Registered Owner of the Bonds, notice of any intended
213 redemption of Bonds shall be given as provided in the Loan Agreement. When
214 and If the Bond Bank or a Financial Institution is not the Registered Owner of the
215 Bonds,notice of any intended redemption of Bonds shall be given as provided In
216 this subsection (b) Notice of redemption shall be mailed not less than 20 or
217 more than 45 days prior to the date fixed for redemption by first class mail to
218 Registered Owners of the Bonds to be redeemed at their addresses as they
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219 appear on (he Bond Register on the day the notice is prepared. Notice of
220 redemption shall be deemed to have been given when the notice is mailed as
221 herein provided,whether or not it is actually received by the Registered Owners.
222 All notices of redemption shall be dated and shall state!(1)the redemption date;
223 (2) the redemption price; (3) if fewer than all outstanding Bonds are to be
224 redeemed. the Identification (and, in the case of partial redemption, the
225 respective principal amounts) of the Bonds to be redeemed; (4) that on the
226 redemption date the redemption price will become due and payable upon each
227 such Bond or portion thereof called for redemption,and that interest thereon shall
228 cease to accrue from and after said date;and(5)the place where such Bonds
229 are to be surrendered for payment of the redemption price, which place of
230 payment shall be the office of the Registrar,
231
232 Official notice of redemption having been given as stated above, Bonds or
233 portions of Bonds to be redeemed shall, on the redemption date, become due
234 and payable at the redemption price therein specified, and from and after such
235 date, such Bonds or portions of Bonds shall cease to bear Interest. Upon
236 surrender of such Bonds for redemption in accordance with said notice, such
237 Bonds shall he paid at the redemption price. Installments of interest due on or
238 prior to the redemption date shall be payable as herein provided for payment of
239 Interest, All Bonds which have been redeemed shall be canceled and destroyed
240 by the Registrar and shall not be reissued.
241
242 Each check or other transfer of funds issued to pay the redemption price of
243 Bonds shall bear the CUSIP number, if any, identifying, by maturity the Bonds
244 being redeemed with the proceeds of such check or other transfer
245
246 Section 7: Form of Bond Each Bond shall be In substantially the following form,with such
247 variations, ornissions, and insertions as may be required or permitted by this
248 Resolution:
249
250 UNITED STATES OF AMERICA
251
252 KODIAK ISLAND BOROUGH,ALASKA
253
254 NO,
255
256 GENERAL OBLIGATION SCHOOL BOND
257
258 REGISTERED OWNER:
259
260 PRINCIPAL AMOUNT:
261
262 The Kodiak Island Borough ((he'Borough'), a municipal corporation of
263 the State of Alaska, hereby acknowledges itself to owe and for value received
264 promises to pay to the Registered Owner identified above, or its registered
265 assigns, the principal amount Identified above in the following installments on
266 each of the following years, and to pay interest on such Installments from the
267 date hereof,payable on®1.201_,and semiannually thereafter on
268 and 1,of each year,at the rates per annum as follows:
269
270 Maturity Principal Interest
271 PAk Am pun Rate
272
273
274
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275 When and if this Bond is owned by the Alaska Municipal Bond Bank or a
276 Financial Institution,payment of principal and interest shall be made as provided
277 in the Loan Agreement between the Bond Bank or Financial Institution and the
278 Borough (the'Loan Agreement'). When and if this Bond is not owned by the
279 Bond Bank or a Financial Institution, installments of principal of and interest on
280 this Bond shall be paid by check or draft mailed by first Gass maV to the
281 Registered Owner as of the close of business on the 15th day of the month
282 before each installment payment date; provided, that the final installment of
283 principal of and interest on this Bond shall be payable upon presentation and
284 surrender of this Bond by the Registered Owner at the office of the Registrar
285 Interest will be computed on the basis of a 360-day year consisting of twelve 30�
286 day months. Both principal of and interest on this Bond are payable in lawful
287 money of the United States of America which, on the respective dates of
288 payment thereof, shall be legal tender for the payment of public and private
288 debts.
290
291 This Bond is one of the General Obligation School Bands of the Kodiak
292 Island Borough,Alaska,of like tenor and effect except as to Interest rate„serial
293 number,right of redemption or prepayment and maturity,and constituting Bonds
294 authorized for the purpose of paying the cost of school and related capital
295 improvements in the Borough,and is issued under Resolution No. FY2016._of
296 the Borough entitled:
297
296 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY
299 AUTHORIZING THE BOROUGH TO ISSUE GENERAL OBLIGATION
300 SCHOOL BONDS IN THE PRINCIPAL AMOUNT NOT TO EXCEED
301 $10,230,000 TO FINANCE THE RENEWAL AND REPLACEMENT
302 SCHEDULE RELATED TO BOROUGH-OWNED SCHOOL FACILITIES,
303 PROJECTS WHICH ARE 70% REIMBURSABLE BY THE STATE OF
304 ALASKA, AND TO PAY COSTS OF ISSUING THE BONDS, FIXING
305 CERTAIN DETAILS OF SUCH BONDS,AUTHORIZING THEIR SALE,
306 AND PROVIDING FOR RELATED MATTERS
307
308 (the'Resolution').
309
310 The Bonds]Installments of principal of this Bond]maturing on and after
311 1,20 ,shall be subject to prepayment on and after 1,20_,at the
312 option of the Borough [(subject to any applicable provisions of the Loan
313 Agreement)],in such principal amounts and from such maturities as the Borough
314 may determine, and by lot within a maturity, at a redemption price equal to The
315 principal amount to be prepaid,plus accrued interest to the date of prepayment.
316
317 This Bond is transferable as provided in the Resolution,(i)only upon the
318 Bond Register of the Borough,and(il)upon surrender of this Bond together with
319 a written Instrument of transfer duly executed by the Registered Owner or the
320 duly authorized attorney of the Registered Owner, and thereupon a new fully
321 registered Bond or Bonds in the same aggregate principal amount and maturity
322 shall be issued to the transferee in exchange therefor as provided in the
323 Resolution and upon the payment of charges,if any,as therein prescribed. The
324 Borough may treat and consider the person in whose name this Bond is
325 registered as the absolute owner hereof for the purpose of receiving payment of,
326 or on account of,the principal or redemption price„if any,hereof and Interest due
327 hereon and for all other purposes whatsoever
328
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329 This Bond is a general obligation of the Kodiak Island Borough,and the
330 full faith and credit of the Borough are pledged for the payment of the principal of
331 and Interest on this Bond as the same shall become due.
332
333 IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts or
334 things required by the constitution or statutes of the State of Alaska to exist,to
335 have happened or to have been performed precedent to or in the issuance of this
336 Bond exist, have happened and have been performed, and that the series of
337 Bonds of which this is one,together with all other Indebtedness of the Borough,
338 is within every debt and other limit prescribed by such constitution or statutes.
339
340 IN WITNESS WHEREOF,THE KODIAK ISLAND BOROUGH,ALASKA,
341 has caused this Bond to be signed In its name and on its behalf by the manual or
342 facsimile signature of its Mayor and its corporate seal(or a facsimile thereof)to
343 be impressed or otherMse reproduced hereon and attested by the manual or
344 facsimile signature of its Clerk,all as of the day of_2015.
345
346 KODIAK ISLAND BOROUGH
347
348 bperjfflftV_
349 Borough Mayor
350
361 ATTEST:
352
353 Is
354 Borough Clerk
355
356 Section 8: Execution. The Bonds shall be executed In the name of the Borough by the
357 manual or facsimile signature of the Mayor.,and its corporate seal(or a facsimile
358 thereof)shall be impressed or otherwise reproduced thereon and attested by the
359 manual or facsimile signature of the Borough Clerk. The execution of a Bond on
360 behalf of the Borough by persons who at the time of the execution are duly
361 authorized to hold the proper offices shall be valid and sufficient for all purposes,
362 although any such person shall have ceased to hold office at the time of delivery
363 of the Bond or shall not have held office on the date of the Bond.
364
365 Section 9: Payment of Prima al and Interest. The Bonds shall be payable in lawful money
366 of the United States of America which at the time of payment is legal tender for
367 the payment of public and private debts When and if the Bond Bank or a
368 Financial Institution is the Registered Owner of the Bonds, payment of principal
369 of and interest an the Bonds shall be made as provided in the Loan Agreement
370 When and if the Bond Bank or a Financial Institution Is not the Registered Owner
371 of the Bonds,installments of principal of and Interest on the Bonds shall be paid
372 by check mailed by first class mail to the Registered Owner as of the record date
373 for the Installment payment at the address appearing on the Bond Register,
374 provided, that the final installment of principal and Interest on a Bond shall be
375 payable upon presentation and surrender at the Bond by the Registered Owner
376 at the office of the Registrar.
377
378 Section 10- Registration. The Bonds shall be issued only in registered form as to both
379 principal and interest. The Borough designates the Borough Finance Director as
380 Registrar for the Bonds. The Registrar shall keep,or cause to be kept,the Bond
381 Register at the principal office of the Borough. The Borough covenants that,until
382 all Bonds have been surrendered and canceled, It will maintain a system for
383 recording the ownership of each Bond that complies with the provisions of
384 Section 1413 of the Code. The Borough and the Registrar may treat the person In
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385 whose name any Bond shall be registered as the absolute owner of such Bond
386 for all purposes,whether or not the Bond shall be overdue,and all payments of
387 principal of and Interest on a Bond made to the Registered owner thereof or
388 upon its order shall be valid and effectual to satisfy and discharge the liability
389 upon such Bond to the extent of the sum or sums so paid, and neither the
390 Borough nor the Registrar shall be affected by any notice to the contrary.
391
392 Section 11: Transfer and Exchange. Bonds shall be transferred only upon the Bond
393 Register. Upon surrender for transfer or exchange of any Bond at the office of
394 the Registrar, together with a written instrument of transfer or authorization for
395 exchange in form and with guaranty of signature satisfactory to the Registrar,
396 duly executed by the Registered Owner or the duly authorized attorney of the
397 Registered Owner, the Borough shall execute and deliver an equal aggregate
398 principal amount of Bonds of the same maturity of any authorized denominations,
399 subject to such reasonable regulations as the Borough may prescribe and upon
400 payment sufficient to reimburse it for any tax, fee or other governmental charge
401 required to be paid in connection with such transfer or exchange A11 Bonds
402 surrendered for transfer or exchange shall be canceled by the Registrar
403
404 Section 12: Qonds Mutilated,Destroyed.Stolen,or Lost. Upon surrender to the Registrar of
405 a mutilated Bond, the Borough shall execute and deliver a new Bond of like
406 maturity and principal amount. Upon filing with the Registrar of evidence
407 satisfactory to the Borough that a Bond has been destroyed,stolen or lost and of
408 the ownership thereof, and upon furnishing the Borough with indemnity
409 satisfactory to it, the Borough shall execute and deliver a new Bond of like
410 maturity and principal amount. The person requesting the execution and delivery
411 of a new Bond under this section shall comply with such other reasonable
412 regulations as the Borough may prescribe and shall pay such expenses as the
413 Borough may incur in connection therewith.
414
415 Section 13: Disposition of the Sale Proceeds of the Bonds. The sale proceeds of the Bonds
416 representing accrued interest on the Bonds shall be applied to pay a portion of
417 the interest due on the Bonds on the first Interest payment date for the Bonds.
418 The sale proceeds of the Bonds representing original issue premium on the
419 Bonds shall be applied to pay a portion of the interest due on the Bonds on the
420 first interest payment date for the Bonds,or Costs of the Projects, and shall be
421 deposited in such manner as the Borough Manager or the Borough Finance
422 Director may determine. The remaining sale proceeds of the Bonds shall be
423 applied to pay Costs of the Projects, and shall be deposited in the appropriate
424 funds or accounts of the Borough for such purposes.
425
426 Section 14: Tax Covenants. The Borough covenants to comply with any and all applicable
427 requirements set forth in the Code in effect from time to time to the extent that
428 such compliance shall be necessary for the exclusion of the interest on the
429 Bonds from gross income for federal income tax purposes. The Borough
430 covenants that it will make no use of the proceeds of the Bonds which will cause
431 the Bonds to be'arbitrage bonds'subject to federal income taxation by reason of
432 Section 148 of the Code. The Borough covenants that it will not take or permit
433 any action that would cause the Bonds to be'private activity bonds'as defined in
434 Section 141 of the Code.
435
436 Section 15: Amendatory and SuRplementat Resolgtions.
437
438 (a) The Assembly from time to time and at any fine may adopt a resolution
439 or resolutions supplemental hereto, which resolution or resolutions thereafter
Kodiak Island Borough Alaska .
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440 shall become a part of this Resolution, for any one or more of the following
441 purposes;
442
443 (1) To add to the covenants and agreements of the Borough In this
444 Resolution,other covenants and agreements thereafter to be observed
445 or to surrender any right or power herein reserved to or conferred upon
446 the Borough.
447
448 (2) To make such provisions for the purpose of curing any
449 ambiguities or of curing, correcting or supplementing any defective
450 provision contained in this Resolution or in regard to matters or questions
451 arising under this Resolution as the Assembly may deem necessary or
452 desirable and not inconsistent with this Resolution and which shall not
453 adversely affect the Interests of the Registered Owners of the Bonds.
454
455 Any such supplemental resolution may be adopted without the consent of the
456 Registered Owners of any of the Bonds at any time outstanding,notwithstanding
457 any of the provisions of subsection(b)of this section.
458
459 (b) With the consent of the Registered Owners of not less than 60 percent In
460 aggregate principal amount of the Bonds at the time outstanding, the Assembly
461 may adopt a resolution or resolutions supplemental hereto for the purpose of
462 adding any provisions to or changing In any manner or eliminating any of the
463 provisions of this Resolution or of any supplemental resolution; provided,
464 however,that no such supplemental resolution shall:
465
466 (1) Extend the fixed maturity of any of the Bonds,or reduce the rate
467 of Interest thereon,or extend the time of payments of Interest from their
468 due date,, or reduce the amount of the principal thereof, or reduce any
469 premium payable on the redemption thereof, without the consent of the
470 Registered Owner of each Bond so affected;or
471
472 (2) Reduce the aforesaid percentage of Registered Owners of
473 Bonds required to approve any such supplemental resolution without the
474 consent of the Registered Owners of all of the Bonds then outstanding.
475
476 It shall not ben ssary for the consent of the Registered Owners of the Bonds
477 under this subsection to approve the particular form of any proposed
478 supplemental resolution, but it shall be sufficient if such consent approves the
479 substance thereof,
480
481 (c) Upon the adoption of any supplemental resolution under this section.this
482 Resolution shall he deemed to be modified and amended in accordance
483 therewith,and the respective rights,duties,and obligations under this Resolution
484 of the Borough and all Registered Owners of outstanding Bonds shall thereafter
485 be subject in all respects to such modification and amendment,and all the terms
486 and conditions of the supplemental resolution shall be deemed to be part of the
487 terms and conditions of this Resolution for any and all purposes.
488
489 (d) Bonds executed and delivered after the adoption of any supplemental
490 resolution under this section may bear a notation as to any matter provided for In
491 such supplemental resolution, and if such supplemental resolution shall so
492 provide,new Bonds modified so as to conform,in the opinion of the Borough,to
493 any modification of this Resolution contained In any such supplemental resolution
494 may be prepared by the Borough and delivered without cost to the Registered
Kodiak Island.,...
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495 Ommers of the Bonds then outstanding, upon surrender for cancellation of such
496 Bonds in equal aggregate principal amounts.
497
498 Section IS: DefeatiginCe. In the event money and/or non-callable Government Obligations
499 maturing at such times and bearing interest to be earned thereon in amounts
500 sufficient to redeem and retire any or all of the Bonds in accordance with their
501 terms are set aside In a special trust account to effect such redemption or
502 retirement and such moneys and the principal of and interest on such
603 Government Obligations are Irrevocably set aside and pledged for such purpose,
604 then no further payments need be made to pay or secure the payment of the
505 principal of and interest on such Bonds and such Bonds shall be deemed not to
506 be outstanding.
507
508 Section 17: Sale of Bonds. The Bonds shall be sold at negotiated sale to the Bond Bank or a
509 Financial Institution as provided in the form of Loan Agreement or at public sale
510 as the Borough Manager and Finance Director determine Is in the best Interest of
511 the Borough. Subject to the limitations provided in Sections 2 and 4,each of the
512 Borough Manager and the Borough Finance Director Is hereby authorized to
513 determine the aggregate principal amount, maturity amounts, interest rates,
514 yields, dated date, principal and interest payment dates, redemption terms. if
515 any,for the Bonds,and other details of the Bonds;provided that the true interest
516 cost of the Bonds,expressed as an annual rate,does not exceed 6.0 percent. In
517 determining the maturity amounts,interest rates,yields,and redemption terms,if
518 any,for the Bonds,the Borough Manager or Borough Finance Director shall take
519 Into account those factors which,in the judgment of each,will result In the lowest
520 true interest cost on the Bonds to their maturity, including without limitation
621 current financial market conditions and current interest rates for obligations
522 comparable in tenor and quality to the Bonds. Based upon the foregoing
523 determinations,the Borough Manager and the Borough Finance Director each Is
524 authorized to execute the Loan Agreement,in substantially the form presented at
525 this meeting, or to sell the Bonds at public sale as they deem appropriate and
526 cost effective to,and In the beat interest of,the Borough.
527
528 Section 18: Authority-,of Offirers. The Mayor, the Borough Manager, the Borough Finance
529 Director, and the Borough Clerk each is authorized and directed to do and
530 perform all things and determine all matters not determined by this Resolution,to
531 the end that the Borough may carry out its obligations under the Bonds and this
532 Resolution.
533
534 Section 19: Prohibited Sale of Bonds. No person, firm, or corporation, or any agent or
535 employee thereof, acting as financial consultant to the Borough under an
538 agreement for payment in connection with the sale of the Bonds Is eligible to
537 purchase the Bonds as a member of the original underwriting syndicate either at
538 public or private sale.
539
540 Section 20: Ongoing Disclosure. The Borough acknowledges that under Rule 15c2-12 of the
641 Securities and Exchange Commission (the'Rule') the Borough may now or in
542 the future be an 'obligated person.' In accordance with the Rule, and as the
543 Bond Bank or a Financial Institution may require,the Borough shall undertake to
544 provide certain annual financial information and operating data as shall be set
545 forth In the Loan Agreement.
546
547 Section 21* mi$Qgllanequp.
548
549 (a) All payments made by the Borough of,or on account of,the principal of
550 or Interest on the Bonds shall be made on the several Bonds ratably and in
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551 proportion to the amount due thereon,respectively,for pnncipal or interest as the
552 case may be.
553
554 (b) No recourse shall be had for the payment of the principal of or the
555 interest on the Bonds or for any claim based thereon or on this Resolution
556 against any member of the Assembly or officer of the Borough or any person
557 executing the Bonds. The Bonds are not and shall not be in any way a debt or
558 liability of the State of Alaska or of any political subdivision thereof, except the
559 Borough, and do not and shall not create or constitute an indebtedness or
560 obligation, either legal, moral, or otherwise, of such state or of any political
561 subdivision thereof,except the Borough.
562
563 Section 22: Severability. If any one or more of the provisions of this Resolution shall be
564 declared by any court of competent jurisdiction to be contrary to taw,then such
565 provision shall be null and void and shall be deemed separable from the
566 remaining provisions of this Resolution and shall in no way affect the validity of
567 the other provisions of this Resolution or of the Bonds.
56e
569 Section 23: Effective Date. This Resolution shall become effective upon passage and
570 approval.
571
572 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
573 THIS DAY OF .2015
574
575 KODIAK ISLAND BOROUGH
576
577
578
579
580 Jerrot Friend,Borough Mayor
581
582 ATTEST:
583
584
585
586
587 Nova M,Javier„Borough Clerk
Kodiak Island Borough,Alaska Resolution No FY2016-06
8
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AGENDA ITEM #13.B.4.
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
AUGUST 20.2015
Y / f ASSEMBLY REGULAR MEETING
TITLE: Resolution No. FY2016-07 Authorizing the Borough to Issue a General
Obligation School Refunding Bond in the Principal Amount not to Exceed
$5,970,000 to Refund Certain Principal Installments of an Outstanding General
Obligation School Bond of the Borough and to Pay Costs of Issuing the Bond,
Fixing Certain Details of Such Bond,Authorizing Its Sale, and Providing For
Related Matters.
ORIGINATOR: Karl Short
FISCAL IMPACT: FUNDS AVAILABLE:
Account Number. Amount Budgeted:
SUMMARY STATEMENT:
Working with the Bond bank the Borough can refinance the 2008 bond issue for an
anticipated net savings of$241,228 since the state will received 70%of the refund.The
Borough will save 30%or$72,368.
This resolution authorizes the sale of these bonds and sets the details of this issue.
RECOMMENDED MOTION:
Move to adopt Resolution No. FY2016-07.
Kodiak Island Borough
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Pit
#13.B.4.
Inlrahaced by: Borough Manager
Requested by, Finance Direclor
Drafted by Bond counsel
Introduced on: Oa12012015
Adopted on:
1
2 KODIAK ISLAND BOROUGH
3 RESOLUTION NO,FY20116-07
4
5 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY
6 AUTHORIZING THE BOROUGH TO ISSUE A GENERAL OBLIGATION
7 SCHOOL REFUNDING BOND IN THE PRINCIPAL AMOUNT NOT TO
8 EXCEED $5,970,000 TO REFUND CERTAIN PRINCIPAL
9 INSTALLMENTS OF AN OUTSTANDING GENERAL OBLIGATION
10 SCHOOL BOND OF THE BOROUGH AND TO PAY COSTS OF
11 ISSUING THE BOND, FIXING CERTAIN DETAILS OF SUCH BOND,
12 AUTHORIZING ITS SALE, AND PROVIDING FOR RELATED
13 MATTERS
14
15 WHEREAS, pursuant to Ordinance No. FY2007-05 of the Kodiak Island Borough, Alaska (the
16 'Borough'),adopted August 17,2006,approved by a majority of the qualified voters voting on the
17 proposition at the regular Borough election held on October 3,2006,and Resolution No.FY2006-
18 12, adopted December 6, 2007 (the 'Bond Resolution'), the Borough issued its General
19 Obligation School Bond, 2008 Series A (the '2008 Bond') in the original principal amount of
20 $8,000,000,of which$5,970,000 is now outstanding;and
21
22 WHEREAS.under AS 29.47.300,if the Borough has outstanding general obligation bonds and
23 the Assembly determines it would be financially advantageous to refund those bonds, the
24 Borough may provide by resolution for the Issuance of general obligation refunding bonds, and
25 under AS 29.47.320„ no election is required to authorize the Issuance and sale of refunding
26 bonds;and
27
28 WHEREAS, under AS 29.47.340 refunding bonds may be exchanged for the bonds being
29 refunded;and
30
31 WHEREAS,the Borough sold the 2008 Bond to the Alaska Municipal Bond Bank Authority(the
32 'Bond Bank'),as authorized by the Bond Resolution;,on the terms and conditions set forth in the
33 Bond Resolution and in the loan agreement between the Borough and the Band Bank dated as of
34 April 1,2008(the'2008 Loan Agreement');,and
35
36 WHEREAS, the Bond Bank issued its General Obligation Bonds, 2008 Series One(the'2008
37 Bond Bank Bonds'), among other purposes to provide funds to purchase the 2008 Bond, as
38 provided in the 2008 Loan Agreement;and
39
40 WHEREAS, the Bond Bank has expressed its intent to issue refunding bonds(the'Bond Bank
41 Refunding Bonds') for the purpose of refunding a portion of the 2008 Bond Bank Bonds and
42 achieving a debt service savings;and
43
44 WHEREAS, Section 6 of the 2008 Loan Agreement provides that payments of principal of and
45 interest on the 2008 Bond may be adjusted to reduce debt service on the 2008 Bond If the Bond
45 Bank is able to achieve debt service savings by refunding the 2008 Bond Bank Bonds;and
47
48 WHEREAS, the Bond Bank has offered to enter into an Amendatory Loan Agreement (the
49 'Amendatory Loan Agreement') to effect a reduction in debt service on all or a portion of the
50 principal Installments of the 2008 Bond payable on or after April 1, 2019 (the 'Refundable
51 Principal Installments°);and
52
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AGENDA ITEM #13.B.4.
63 WHEREAS, the Assembly wishes to effect a reduction in debt service on all or a portion of the
64 Refundable principal Installments by entering into the Amendatory Loan Agreement, issuing the
55 Bond (and a replacement 2008 Bond) In exchange for the 2008 Bond and participating in the
56 refunding of a portion of the 2008 Bond Bank Bonds;and
57
58 WHEREAS, the Assembly finds that it Is necessary and appropriate to delegate to each of the
59 Borough Manager and Borough Finance Director authority to determine the maturity amounts,
60 interest rates,and other details of the bonds,and to determine other matters that are not provided
61 for in this Resolution;
62
63 NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
64 BOROUGH THAT:
65
66 Section 1. jQgfipIIjQnS In addition to terms which are defined In the recitals above. the
67 following terms shall have the(,Mowing meanings in this Resolution:
68
69 la) "MaqmDly means the Assembly of the Kodiak Island Borough, as the
70 general legislative authonly of the Kodiak Island Borough,as the same shall be
71 duly and regularly constituted from time to time,
72
73 (b) IfLond" means the 'General Obligation School Refunding Bond' of the
74 Kodiak Island Borough the Issuance and safe of which are authorized herein.
75
76 (c) '139nd Bank Bonds means the series of general obligation bonds Issued
77 by the Bond Bank,all or part of the proceeds of which are used to purchase the
78 Bond.
79
so (d) 'V9Mq_Register' means the registration books maintained by the
_
81 Registrar,which include the names and addresses of the Registered Owners of
82 the Bond or their nominees.
83
84 (e) -PAMM_h-means the Kodiak Island Borough,a municipal corporation of
85 the State of Alaska,organized as a second class borough under Title 29 of the
Be Alaska Statutes.
87
Be (0 "Borough Manager'means the Manager or Administrative Official of the
89 Borough.
90
91 (9) "Code' means the Internal Revenue Code of 1986, as amended from
92 time to time,together with all regulations applicable thereto.
93
94 (h) 'Goygmment Obligations' means obligations that are either (i)direct
95 obligations of the United States of America or(ii)obilgations of an agency or
96 instrumentality of the United States of America the timely payment of the
97 principal of and interest on which are unconditionally guaranteed by the United
98 States of America,
99
100 (i) 'Registered Owner means the person named as the registered owner of
101 a Bond in the Bond Register
102
103 'Regi5tfa r means the Borough Finance Director,or any successor that
104 the Borough may appoint by resolution.
105
106 (k) "Resolution'means this Resolution No FY2016-_of the Borough.
107
Kodiak Island Borough,Alaska Resolution No.FY2016-07
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AGENDA ITEM #13.B.4.
108 Section 2. 691hQnzaflon oT Bond and Pu=se of Issuance, The Assembly hereby
109 determines it would be financially advantageous to refund all or a portion of the
110 Refundable Principal Installments by issuing the Bond(and a replacement 2008
111 Bond)on the terms and conditions provided In this Resolution. For the purpose
112 of providing the funds required to refund all or a portion of the Refundable
113 Principal Installments and to pay all costs Incidental thereto and to the issuance
114 of the Bond,the Borough hereby authorizes and determines to issue and sell the
115 Bond in the principal amount of not to exceed$5,970,000. The Bond shall be
116 designated'Kodiak Island Borough General Obligation School Refunding Bond,'
117 with such additional series and year designation as the Borough Manager or the
118 Borough Finance Director may fix and determine.
119
120 The Borough Manager andlor the Borough Finance Director are hereby
121 authorized to fix and determine which of the Refundable Principal Installments
122 are to be refunded by Issuing the Bond (and a replacement 2008 Bond) in
123 exchange therefor.
124
125 Section 3. Obligation of Bond. The Bond shah be a direct and general obUgation of the
126 Borough„and the full faith and credit of the Borough are hereby pledged to the
127 payment of the principal of and interest on the Bond. The Borough hereby
128 irrevocably pledges and covenants that it will levy and collect taxes upon all
129 taxable property within the Borough without limitation as to rate or amount, in
130 amounts sufficient together with other funds legally available therefor„to pay the
131 principal of and interest on the Bond as the same become due and payable.
132
133 Section 4: Designatotin, Mptgri le% Interest Rifts. and Other Details of Bond. The Bond
134 shall be designated'Kodiak Island Borough„Alaska, General Obligation School
135 Refunding Bond,' Each principal installment of the Bond shall be in the
136 denomination of$5,000 or any integral multiple thereof,shall be numbered in the
137 manner and with such additional designation as the Registrar deems necessary
138 for purposes of Identification, and may have endorsed thereon such legends or
139 text as may be necessary or appropriate to conform to the rules and regulations
140 of any governmental authority or any usage or requirement of law with respect
141 thereto.
142
143 The Bond shall bear interest payable semi-annually on the dates and shall
144 mature on the date and each principal installment shall be payable annually in
145 the amount and on the dates, all as shall be set forth in the Amendatory Loan
146 Agreement Interest will be computed on the basis of a 360-day year consisting
147 of twelve 30-day months.
148
149 Subject to Section 2 and the remainder of this Section, the dated date, the
150 principal installment and Interest payment dates, the record dates for interest
151 payments, the aggregate principal amount, the amount of each principal
152 installment, and the interest rate on each principal Installment shall be
153 determined at the time of execution of the Amendatory Loan Agreement under
154 Section 15, provided that(i)no rate of interest on any principal installment shall
155 exceed the rate of interest on the corresponding maturity of the Bond Bank
156 Refunding Bonds; and (ii)the net present value of the savings to the Borough
157 effected by issuing the Bond(and a replacement 2008 Bond)and refunding the
158 Refundable Principal Installments that are refunded shall be at least 3 percent of
159 the aggregate principal amount of the Refundable Principal Installments that are
150 refunded;and(iii)the Bond shall mature on or before six months after the date
161 on which the last Refundable Principal Installment that Is refunded is payable.
162
Kodiak Island Borough,Alaska Resolution No.FY201&07
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AGENDA ITEM #13.B.4.
163 Section 5* Qi2fignal Prepayment. The principal installments of the Bond shall be subject to
164 prepayment, at the Borough's option, on the dates and at the prices to be set
165 forth in the Amendatory Loan Agreement. It fewer than all of the principal
166 installments of the Bond are to be prepaid, the principal Installments to be
167 prepaid shall be determined by the Borough, Notice of any such prepayment
168 shall be sent by the Borough not less than 50 days prior to the date fixed for
169 prepayment by first class mail to the Registered Owner at the Registered
170 Owners address as it then appears on the Bond Register. Notice of prepayment
171 having been duly given and the prepayment having been duly effected,interest
172 on the principal installments to be prepaid shall cease to accrue an the date fixed
173 for prepayment.
174
175 Section 6: Form of Bond. Each Bond shall be in substantially the following form,subject to
176 the provisions of the Amendatory Loan Agreement and with such variations,,
177 omissions,and insertions as may be required or permitted by this Resolution;
178
179 UNITED STATES OF AMERICA
180
181 KODIAK ISLAND BOROUGH,ALASKA
182
183 NO
184
185 GENERAL OBLIGATION SCHOOL REFUNDING BOND
186
187 REGISTERED OWNER' ALASKA MUNICIPAL BOND BANK AUTHORITY
188
189 PRINCIPAL AMOUNT„
190
191 The Kodiak Island Borough (the'Borough'), a municipal corporation of
192 the State of Alaska, hereby acknowledges itself to owe and for value received
193 promises to pay to the Registered Owner Identified above, or its registered
194 assigns, the principal amount Identified above In the following installments on
195 each of the following years, and to pay Interest an such installments from the
196 date hereof,payable on®1.201_and semiannually thereafter on 1,
197 and, 1,of each year,at the rates per annum as follows:
198
199 Maturity Principal Interest
200 PALq Amoun Rate
201
202
203
204 For so long as the Alaska Municipal Bond Bank Authority (the 'Bond
205 Bank')Is the Registered Owner,payment of principal and interest shall be made
208 as provided In the Loan Agreement between the Bond Bank and the Borough.as
207 amended(the'Amended Loan Agreement'). When and it this Bond is not owned
208 by the Bond Bank,Installments of principal of and interest on this Bond shall be
209 paid by check or draft mailed by first class mail to the Registered Owner as of the
210 close of business on the 15th day of the month before each Installment payment
211 date;provided,that the final installment of principal of and Interest on this Bond
212 shall be payable upon presentation and surrender of this Bond by the Registered
213 Owner at the office of the Registrar. Interest will be computed on the basis of a
214 360-day year consisting of twelve 30-day months. Both principal of and Interest
216 an this Bond are payable In lawful money of the United States of America which,
216 on the respective dates of payment thereof,shall be legal tender for the payment
217 of public and private debts.
218
—-----—-------
Kodak Island Elomgh,Alaska Resolution No.FY2016-07
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Resolution No. FY2016-07 Authorizing the Borough to Issue a ... Page 107 of 151
ITEM .
219 This Bond is the General Obligation School Refunding Bond of the
220 Kodiak Island Borough,Alaska, and is aulhGrized for the purpose of refunding
221 certain principal installments of an outstanding general obligation bond of the
222 Borough under Resolution No.FY2016 of the Borough entitled:
223
224 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY
225 AUTHORIZING THE BOROUGH TO ISSUE A GENERAL OBLIGATION
226 SCHOOL REFUNDING BOND IN THE PRINCIPAL AMOUNT NOT TO
227 EXCEED $5,970,000 TO REFUND CERTAIN PRINCIPAL
228 INSTALLMENTS OF AN OUTSTANDING GENERAL OBLIGATION
229 SCHOOL BOND OF THE BOROUGH AND TO PAY COSTS OF
230 ISSUING THE BOND, FIXING CERTAIN DETAILS OF SUCH BOND,
231 AUTHORIZING ITS SALE, AND PROVIDING FOR RELATED
232 MATTERS
233
234 (the`Resolution").
235
236 Installments of principal of this Bond maturing on and after 1,
237 20 ,shall be subject to prepayment on and after 1,20®,at the option of
238 the Borough (subject to any applicable provisions of the Amended Loan
239 Agreement),in such principal amounts and from such maturities as the Borough
240 may determine, and by lot within a maturity, at a redemption prime equal to the
241 principal amount to be prepaid,plus socrued Interest to the date of prepayment
242
243 This Bond is transferable as provided in the Bond Resolution, (i) only
244 upon the Bond Register of the Borough, and (ii) upon surrender of this Bond
245 together with a written Instrument of transfer duly executed by the Registered
246 Owner or the duly authorized attorney of the Registered Owner,and thereupon a
247 new fully registered Bond in the same aggregate principal amount and maturity
248 shall be Issued to the transferee in exchange therefor as provided in the Bond
249 Resolution and upon the payment of charges if any,as therein prescribed. The
250 Borough may treat and consider the person in whose name this Bond is
251 registered as the absolute owner hereof for the purpose of receiving payment of,
252 or on account of,the principal or redemption price,if any,hereof and Interest due
253 hereon and for all other purposes whatsoever
254
255 This Bond is a general obligation of the Kodiak Island Borough,and the
256 full faith and credit of the Borough are pledged for the payment of the principal of
257 and interest on this Bond as the same shall become due.
258
259 IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts or
260 things required by the constitution or statutes of the State of Alaska to exist, to
261 have happened or to have been performed precedent to or in the issuance of this
262 Bond exist, have happened and have been performed, and that this Bond,
263 together with all other Indebtedness of the Borough, is within every debt and
264 other limit prescribed by such constitution or statutes
265
266 IN WITNESS WHEREOF,THE KODIAK ISLAND BOROUGH„ALASKA,
267 has caused this Bond to be signed in its name and on Its behalf by the manual or
268 facsimile signature of its Mayor and its corporate seal (or a facsimile thereof)to
269 be impressed or othenwise reproduced hereon and attested by the manual or
270 facsimile signature of its Clerk,all as of the®day of 2015
271
Kodiak Island Borough,Alaska Resolution No.FY201&07
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AGENDA ITEM #13.B.4.
272 KODIAK ISLAND BOROUGH
273
274 _ lsoegmen!
275 Borough Mayor
276
277 ATTEST:
278
279 lsoecimenf
280 Borough Clerk
281
282 Section 7: Execution. The Bond shall be executed in the name of the Borough by the
283 manual or facsimile signature of the Mayor,and its corporate seal(or a facsimile
284 thereof)shall be impressed or otherwise reproduced thereon and attested by the
285 manual or facsimile signature of the Borough Clerk. The execution of a Band on
286 behalf of the Borough by persons who at the time of the execution are duly
287 authorized to hold the proper offices shall be valid and sufficient for all purposes,
288 although any such person shall have ceased to hold office at the time of delivery
289 of the Bond or shall not have held office on the date of the Bond.
290
291 Section B: Pavment of Principal Installments and Interest. The Bond shall be payable in
292 lawful money of the United States of America which at the time of payment is
293 legal tender for the payment of public and private debts. For so long as the Bond
294 Bank Is the Registered Owner of the Bond, payment of principal installments of
295 and Interest on the Bond shall be made as provided in the Loan Agreement,as
296 amended by the Amendatory Loan Agreement. When and if the Bond Bank is
297 not the Registered Owner of the Bond,installments of principal of and interest on
298 the Bond shall be paid by check mailed by first class mail to the Registered
299 Owner as of the record date for the Installment payment at the address
300 appearing on the Bond Register, provided,that the final installment of principal
301 and interest on the Bond shall be payable upon presentation and surrender of the
302 Bond by the Registered Owner at the office of the Registrar.
303
304 Section 9: Realstration. The Bond shall be Issued only in registered form as to both
305 principal and interest. The Borough designates the Borough Finance Director as
306 Registrar for the Bond. The Registrar shall keep,or cause to be kept,the Bond
307 Register at the principal office or the Borough. The Borough covenants that,until
308 the Bond has been surrendered and canceled, it will maintain a system for
309 recording the ownership of the Bond that complies with the provisions of Section
310 149 of the Code, The Borough and the Registrar may treat the person in whose
311 name the Bond shall be registered as the absolute owner of such Bond for all
312 purposes, whether or not the Bond shall be overdue, and all payments of
313 principal of and interest on the Bond made to the Registered Owner thereof or
314 upon its order shall be valid and effectual to satisfy and discharge the liability
315 upon such Bond to the extent of the sum or sums so paid, and neither the
316 Borough nor the Registrar shall be affected by any notice to the contrary
317
318 Section 10. Transfer and Exchange. The Bond shall be transferred only upon the Bond
319 Register. Upon surrender for transfer or exchange of the Bond at the office of
320 the Registrar, together with a written instrument of transfer or authorization for
321 exchange in form and with guaranty of signature satisfactory to the Registrar,
322 duly executed by the Registered Owner or the duly authorized attorney of the
323 Registered Owner, the Borough shall execute and deliver a Bond in equal
324 aggregate principal amount, subject to such reasonable regulations as the
325 Borough may prescribe and upon payment sufficient to reimburse it for any tax,
326 fee or other governmental charge required to be paid in connection with such
Kodak Island Banugh,,Alaska Resolution No FY2016-07
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Resolution No. 2016- 7 Authorizing the Borough to Issue a ... Page 109 of 151
AGENDA ITEM #13.B.4.
327 transfer or exchange If the Bond Is surrendered for transfer or exchange it shall
328 be canceled by the Registrar.
329
330 Section 11, Bond Upon surrender to the Registrar of a
331 mutilated Bond, the Borough shall execute and deliver a new Bond of like
332 maturity and principal amount. Upon filing with the Registrar of evidence
333 satisfactory to the Borough that a Bond has been destroyed,stolen,or lost and of
334 the ownership thereof, and upon furnishing the Borough with indemnity
335 satisfactory to it, the Borough shall execute and deliver a new Bond of like
336 maturity and principal amount The person requesting the execution and delivery
337 of a new Bond under this Section shall comply with such other reasonable
338 regulations as the Borough may prescribe and shall pay such expenses as the
339 Borough may incur In connection therewith
340
341 Section 12: Tax Covenants. The Borough covenants to comply with any and all applicable
342 requirements set forth In the Code In effect from time to time to the extent that
343 such compliance shal:1 be necessary for the exclusion of the interest on the Bond
344 from gross Income for federal income tax purposes. The Borough covenants that
345 it wiH make no use of the proceeds of the Bond which will cause the Bond to be
346 an'arbitrage bond'subject to federal Income taxation by reason of Section 148
347 of the Code. The Borough covenants that it will not take or permit any action that
348 would cause the Bond to be a'private activity bond"as defined in Section 141 of
349 the Code.
350
351 Section 13* &mgnd&p1 and.9iligglemgnigi Resolutions
352
353 (a) The Assembly from time to time and at any time may adopt a resolution
354 or resolutions supplemental hereto, which resolution or resolutions thereafter
355 shall become a pan of this Resolution, for any one or more of the following
350 purposes�
357
358 (11 To add to the covenants and agreements of the Borough in this
359 Resolution, other covenants and agreements thereafter to be observed
360 or to surrender any right or power herein reserved to or conferred upon
361 the Borough
362
363 (2) To make such provisions for the purpose of curing any
364 ambiguities or of curing, correcting or supplementing any defective
365 provision contained In this Resolution or in regard to matters or questions
366 arising under this Resolution as the Assembly may deem necessary or
367 desirable and not inconsistent with this Resolution and which shall not
368 adversely affect the interests of the Registered Owner of the Bond.
369
370 Any such supplemental resolution may be adopted without the consent of the
371 Registered Owner of the Bond at any time outstanding, notwithstanding any of
372 the previsions of subsection(b)of this Section
373
374 (b) With the consent of the Registered Owner, the Assembly may adopt a
375 resolution or resolutions supplemental hereto for the purpose of adding any
376 provisions to or changing in any manner or eliminating any of the provisions of
377 this Resolution or of any supplemental resolution,
378
379 It shall not be necessary for the consent of the Registered Owner of the Bond
380 under this subsection to approve the particular form of any proposed
381 supplemental resolution, but it shall be sufficient If such consent approves the
382 substance thereof.
..............
Kodiak Island Borough,Alaska Resolution No FY2016-07
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AGENDA ITEM #13.B.4.
---------------------
383
384 M Upon the adoption of any supplemental resolution under this Section,
385 this Resolution shall be deemed to be modified and amended in accordance
386 therewith,and the respective rights,duties,and obligations under this Resolution
387 of the Borough and the Registered Owner shall thereafter be subject In all
388 respects to such modification and amendment,and all the terms and conditions
389 of the supplemental resolution shall be deemed to be part of the terms and
390 conditions of this Resolution for any and all purposes,
391
392 (d) Bonds executed and delivered after the adoption of any supplemental
393 resolution under this Section may bear a notation as to any matter provided for In
394 such supplemental resolution, and if such supplemental resolution shall so
395 provide,a new Bond modified so as to conform,in the opinion of the Borough,to
396 any modification of this Resolution contained in any such supplemental resolution
397 may be prepared by the Borough and delivered without cost to the Registered
398 Owner of the Bond,, upon surrender for cancellation of such Bond in an equal
399 aggregate principal amount.
400
401 Section 14: DgEqapano In the event money and/or non-callable Government Obligations
402 maturing at such times and bearing interest to be earned thereon in amounts
403 sufficient to redeem and retire the Bond in accordance with its terms are set
404 aside in a special trust account to effect such redemption or retirement and such
405 moneys and the principal of and interest on such Government Obligations are
406 Irrevocably set aside and pledged for such purpose,, then no further payments
407 need be made to pay or secure the payment of the principal of and Interest on
408 the Bond and the Bond shall be deemed not to be outstanding.
409
410 Section IS. Ex gg gf ft ond Amendat Loan ......f n in in Di I
411 Qpdifi pate The exchange of the Bond for all the Refundable Principal
412 Installments that are refunded (and the issuance of a replacement 2008 Bond),
413 as provided in the Amendatory Loan Agreement and this Resolution, Is hereby
414 authorized and approved. The Amendatory Loan Agreement and the Continuing
415 Disclosure Certificate in substantially the form filed with this Resolution are
416 hereby approved. The Mayor and the Borough Manager are each hereby
417 authorized to execute and deliver the Amendatory Loan Agreement and the
418 Continuing Disclosure Certificate In such forms,together with such changes not
419 inconsistent herewith as may be approved by the Mayor or the Borough Manager
420 (such approval to be conclusively evidenced by such official's execution and
421 delivery of such document).
422
423 Section IS, Authority of Officers. The Mayor, the Borough Manager, the Borough Finance
424 Director, and the Borough Cleric each Is authorized and directed to do and
425 perform all things and determine all matters not determined by this Resolution,to
426 the end that the Borough may carry out Its obligations under the Bond and this
427 Resolution,
428
429 Section 17: QnggingQ1LqW=. The Borough acknowledges that under Rule I5C2A2 of the
430 Securities and Exchange Commission (the'Rule"') the Borough may now or in
431 the future be an"obligated person." In accordance with the Rule, and as the
432 Bond Bank may require,, the Borough shall undertake to provide certain annual
433 financial Information and operating data as shall be set forth in the Amendatory
434 Loan Agreement.
435
436 Section IS: Miscellaneous. No recourse shall be had for the payment of the principal of or
437 the Interest on the Bond or for any claim based thereon or on this Resolution
438 against any member of the Assembly or officer of the Borough or any person
.......... .... ..........
Kodiak Island Borough.Alaska Resolution No FY2016-07
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AGENDA ITE M #13.B.4.
439 executing the Bond The Bond is not and shall not be in any way a debt or
440 liability of the State of Alaska or of any political subdivision thereof, except the
441 Borough„ and does not and shall not create or constitute an Indebtedness or
442 obligation„ either legal, moral„ or otherwise, of such state or of any political
443 subdivision thereof;,except the Borough.
444
445 Section 19: Severability. If any one or more of the provisions of this Resolution shall be
446 declared by any court of competent jurisdiction to be contrary to law, then such
447 provision shall be null and void and shall be deemed separable from the
449 remaining provisions of this Resolution and shall in no way affect the validity of
449 the other provisions of this Resolution or of the Bond.
450
451 Section 20: Effective Date. This Resolution shall become effective upon passage and
452 approval.
453
454 ADOPTED 13Y THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
455 THIS DAY OF .2015
456
457 KODIAK ISLAND BOROUGH
458
459
460
461
462 Jerrol Friend,Borough Mayor
463
464 ATTEST:
465
466
467
468
469 Nova M.Javier„Borough Clerk
Kodiak Island Borough,Alaska Resotutlon No.FY2016.07
Page 9 of 9
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AGENDA ITEM #13.8.5.
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
AUGUST 20,2015
ASSEMBLY REGULAR MEETING
TITLE: Resolution No. FY2016-08 Amending the Fee Schedule to Waive Certain
Permit Fees Associated with Moving Mobile Homes From Jackson Mobile
Home Park.
ORIGINATOR: Dora Cross
FISCAL IMPACT: FUNDS AVAILABLE:
Account Number Amount Budgeted:
SUMMARY STATEMENT:
This resolution will waive particular fees(Zoning Compliance, Building, rElectrical,and
Plumbing permits) relating to the relocation of mobile homes from Jackson Mobile Home Park
to another park or parcel allowed under zoning codes.The City of Kodiak has indicated that
they will do the same at the City Council meeting in September„
RECOMMENDED MOTION:
Move to adopt Resolution No. FY2016-08,.
Kodiak Island Borough
Resolution No. FY2016-08 Amending the Fee Schedule to Waive ... Page 113 of 151
AGENDA ITEM #13.6.5.
1 Introduced by; Borough Manager
2 Requested by; Borough AssenOy
3 Drefled by' Borough Manager
4 Introduced on: 08/20/2015
5 Adopted on:!
6 KODIAK ISLAND BOROUGH
7 RESOLUTION NO.FY 201""
8
9 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK
10 ISLAND BOROUGH AMENDING THE FEE SCHEDULE TO
11 WAIVE CERTAIN PERMIT FEES ASSOCIATED WITH
12 RELOCATING MOBILE HOMES FROM JACKSONS MOBILE
13 HOME PARK
14
15 WHEREAS, the Kodiak island Borough recognizes the recently announced closure of
16 JackSOns Mobile Home Park will result In the relocation of a number of mobile homes due to a
17 change in land use;and
18
19 WHEREAS, the Borough desires to waive particular fees relating to this relocation to ease the
20 transition of mobile homes Into existing mobile home parks or to individual parcels allowed
21 under zoning codes;and
22
23 WHEREAS, staff recommended changes to the current FY2016 fee schedule as shown on
24 the attached exhibit.
25
26 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
27 BOROUGH that
28
29 Section 1: The attached schedule of fees waives certain permits fees associated with the
30 relocations of mobile homes from Jackson's'Trailer Park to existing parks and
31 individual lots alowed under the zoning code and shall become effective on
32 August 21,2015.
33
34 Section 2: This fee waiver shall sunset on December 31,2018.
35
36 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
37 THIS AUGUST,2015
38
39 KODIAK ISLAND BOROUGH
40
41
42
43 Jerrol Friend,Borough Mayor
44
45 ATTEST:
46
47
48
49 Nova M.Javier,MMC,Borough Clerk
5o
Kodiak Island Borough Resolution No.FY2016-08
Page 1 of 1
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AGENDA ITEM #13.8.5.
alto I
KODIAK ISLAND BOROUGH,ALASKA
FEE SCHEDULE=
Effective: July 1,2015
Contents Pane
Miscellaneous Services 2
Title 3: Revenue and Finance 3
Title 6:Animals 3
Title 8:Health and Safety
Solid Waste Collection and Disposal 4
Title 15. Building and Construction
Building hermits 5
Electric Permits 5-6
Grading Permits 6
Plumbing 6
Other 6
Title 16:Subdivision 7
Title IT Zoning 7
Title 18 Borough Real Property 7
Resolution No. FY2016-08 Amending the Fee Schedule to Waive ... Page 115 of 151
AGENDA ITEM #13.B.5v
Kodiak island Borough,Alaska
FY2010 Fee Schedule
Effective 7-01-2015
I Nk $ 'y
GAYSIDE FIRE STATION COMMUNITY TRAINING CENTER
Copy of Firs Reports 525.
One-half of Traming Center..Per hant day C ,max 49 peoplef $15.1
e of Training Center..per day(5.10 hra,max 49 e) $25,
Full Training Center,per has day(1-6 Iva.max IDD peophip 530.
Full Training Center,per day 45-110 hra,max 100 peoplal $St.
Refundaism Cleaning Deposit 55MOD
snizabons and Pine safety a who d®real charge s too Aw the o0wily being conducted may apply for a wahw of Training Center
use fees.
BOROUGH CODE OF G I ANNCE$
Borough Code,Cklinpleas $2DO
Supplement 5arfA (Annual Fee) S75,
True 15,complete first 20 pages free. 50.25 thereafter
Trile 15,complete first 25 pages fte, 30 25 thereafter
Tale 17,complete find 20 pages hoe, 50 25 1h after
BOROUGH-011CORDS
7 Comprehensive Plan(beawad copy) 310020
Aud*Recording CO $5.
Audo Rs (tent by ema$) no change
Cortfied copies(does not include copy es) $5.
scan&hoe his to CD nor OVD.per disk(includes Large wals neaps) $5.00
s,Par page W 20 pages free, 50 25 thereafter
C.cimprehensive Pfans.paper 525.
Electronically Reproduced Records(hard copy to ssacbarkp find 20 pages fixes, $0.25 thereafter
ElecUraniastiTy PffoducadlPravided Records(odgmidly ere 'c) no charge
GENERALSERVICES
Interest on Miscellaneous Delinquent Accounts 12annually
NewlTransfor I.Aeor License 51.0)per notice mailed
H�Fifinig or Lms Filing Fee for Special Taxes(Se and d} $50 per fling
NSF Check Fee S25.
Research Seevice.records recovery° First S hours Poe O 00 per hr thereafter
Research Service,data analysis' Fee set at$a0.00 per pr
Vitro Transfer Fee 325
hgoi-
° ff113C 2.40LO60 MUMGA203 the Malay of beef for Walpitaffion arrrsabon or s(data analysis).Me arbibirry amould of 40 per houris an average of
Clerk's 0115ce staff hour)nape and boatiffs.P(f,gC 2.40 080 nobs Mat we cannof exceed the adual safety and 8enard cast for personnel Vow
KODIAK FISHERIES RESEARCH CENTER tRFRCp
.n (ups -fee' udes e cionlenerce rowlU $250.00
Reheralabse clewing deposit,main WAV 53M 00
Large Conference Room $50.1
Refundable droning deposit,large conference room $50.118
Stage Conference Room $bt.
Refundable claiming deposit,small conference
as'
artionizations and pubfic safely agendas who do net charge a be ran Me activity .+g concluchat In the facility away apply fora walwr of KFRC
fees.
REPRODUCInON AND MAPPING COSTS,
GIS services(W lhrin ' um)
PrinisfComes
Bond $1.130 sqA
Seal Gtess 52.00 sq ft
Mylar S3.00 sq If
0 5 X 11 Loch firs(20 papa fritra, SO.25 thereafter
11 X 17 Inch first 10 pages Inse, $0.50 thereafter
Ato copying or commanczal use,except Par reference
20¢7
Amending Resolution No. FY2016-08 the t a®® Page 116 of
AGENDA ITEM #13.B.5.
Kodiak Island Borough,Alaska
FY2016 Fee Schedule
Effective 7.01-2015
TITLE 9:REVENUE AND FINANCE
SPECIAL ASSESSMENT AND PROPERTY TAX
FayedosunliAttmey Fee achw ant
Ipult --abort Fore Mduat 4�aaQ
Redemption Caltticatem actusi Q
older*&% 12%annualy
IPanatly IQ%sane b me charge
TITLE B:ANIMALS
Animal Central
Csu ty t*Anim MS
I at oftnso mt ra"M
2re1 elmense m coon apps ace
3ed offento mandatary crawl appewswm
Vckus Anirnala
1a1 aftran mandaWy roarl appearranrA
trod aftnse Marmsmory cowl appeanmM
3rd o0ense Mvtdably
Roard'ag Fees
Small arruna➢s cdagc tt^.aka�wa).per 4my MOD
Large animals qcaes,horses,Me,),per day moo
ii.kente Fares
We Dog,per Year $3500
Female CN,Per Year $36.00
Noular amd Spayed fie,per yew $10,00
Mipicste 7a0,each 55.00
Miwaftnews Feas
Rabies Va ens QYepoW(paMOV refundaMill .$20,00
Ado0on&Khmiawi nmAairm spay,radees nkwa Wcensep risk
Resolution No. FY2016-08 Amending the Fee Schedule to Waive ... Page 117 of 151
AGENDA ITEM #13.B.5.
Kodiak island Bonsuith,Alaska
FY2016 Fee Schedule
SOLID WASTE COLLECTION AND DISPOSAL
Appliances
Appliances Other residential no charge
Relligerarars,residential no charge
Asbestos Discussed(must be delivered In c—plismovillis applicable rvgulsdeans) 3200 00 mensinum,$200-00k:V
Batteries
Lead Acid Batteries-roseenfial no chavisso
two Add Bananas.commercial $6.00 peal e,S100 per all
Utrourn Battens' $6 00 per large,$3. per all
Can...I. M 00 par inceistru
Commensal Garbage WO.00 mownsum 5215rOMOn
hostdamulown
$2MOO memmurn.3215 Oftellon
�yrraax daaR ham Berra t easel he
Alone:
Fishing Goat-lino,no"and web y 3116700
Equipireard Usage to Off4mad Customer gauche SIOO.00 minuessum
Gamags Track of Borough Collection Contractor 5215. on
Garbage Trick at United States Coast Guard Contractor 3215.00fton
Household Hazardous Waste
40 111 limit per menth no charge
Greater Than 40 role per month 111.0011111
Moore,Debris(does not Include tine,mummI and wabliam; see Fishing Gaper)
Lou tan I Ly no Charge
I to 10 cubic yards-Must complete soomplance lam at landisr, no charge
Greater than 10 cxAm yards:ADEC and rJB approval ragairsed before delivery.Una,
hitting.webbing,racychinges,and metal must be separated chair to dolivery. $215 Golual
Metals 3275.00ifton(SO.137SAb)
lo'claties Vegfispe$(measured per"oat dimensessin)San Hals,
Below $25.00fil
04
Used 0l-commordid 53.MgW
Used Oil-moderate]-5 galtans perm no charge
Used Oil-resit fiat-groolarthan 5 gallosis per masyth at 5wgw
Reendentod Garbage(by pausersign ausessuddle w lucksits cosold This lockehis C&D at&ml
household wage
Lip to 5W less total per day no charge
501 pounds or greater $215.
Twee-commercial 5215. art
Uncovered Loads-additional charge S35rOO
Use of Scii"to Obtain a Counties Weight S15.OD par ticket
Vehertes 9475.00 per vehicle
waste Scrouress"Oss $215 ODAM
BLOTES
chimaera maybe serued by jossinifir company by dired negiaralociest for sarace Fees beside set,towd and collected by thee company
Commerciale and resudisrobal solid wage materials cafflossmal by the United Stotts Coast Going,or hot representative,far distaml at the Kodiak Poland
Borough Mndfiff well be charW at Hea ham ar dos posarld Me rate asibsisishod in sets be schissesse The Kodiak Islared Borough wiftisnasim,the United
States Coast Guard for ad or any preffissa;eft fees chsugiad,as agreed as by the parties.Ickes associated won other waste see ophons,will he
charged based an the applicants Am represented en ohm schedule
Companies commercial,industrial and shrisessonaf deandban pictures need to separate Mar waste ago main)and sea nmetar!oads Afted
Amos*or net!sea if the sandfige!
Aslatals received of the landifiell Mean mum of tanks mere must be prepared in an acceptable manner Tanks make be drained*fag hunts and wood
dean.Tanks under We)tensions must have an Iff'squarts bob ad men,it and wbeard dean.Tanks over SM g must have am void ead ad and snised
dean.Tanks 1,000 gallons and gavolormustcomad disessuor a bee criteria Pushing cab?@ must he c1dialls 3'songfixt
Other came dams muse be our into savoic,no greater then 17'slarely,7'ersile,and S'laph.They muse be separated man seam @af mahimid(ag.,machinery
mist news areirechkof componatift).
Approved note Stems ass he oft® hars,disposal isrersolohawed hisisissimiled rissidea'al waste at up to I DOO fi k Discussed oflarge items(ag
basis,fitagem, clients and mistats)win be charged at not some safe as shown in this fee schodute,
Commoscral andlur smed?coarsely gaaaora@ who gemnins hazardous waste most cussed an onwarnmentai company to priaxisly
d®° Of their"War
Allaraloars h ordidids froas mobile h shag be coursed W asbestos and Load bassideubial bet"a Ida M assfortalst must be parepird
into CSC,metal and sucychebrits prior to delivery.
Q211atseftli.
-Wasee generated heon your home Beressimpla,boususesced goinsage,bulky stems stich as to songs and grossufawn dretprigs) R
exclusive candructsmodimakayan wasiss.
ggMitigirigaP Wass,- and°industrial nrtatOaas or confractrose and b canducting ww*for compensation orW&barter.
4017
Resolution No. FY2016-08 Amending the Fee Schedule to Waive ... Page 11 8 of 151
AGENDA ITEM #13.B.5
Kodiak Wand Borough,Maska
20'45 Fast�.k0hadauUa
IEOOac ve 7.01.205
TSTL£16„BUILOIND AND CONSTRUCTION
B3tTomBk?.'�
3FEES
.7
value i. "
u p aro S 00 WOO
Waluua SSW 09-$2,0W.aaza 515.00 W the&M SSW¢PBma$2.0D tair each addAkmW.%900 00
or Pfactket the ,tar wd indu ding 52,000.00
Value-$.2,000,01.•$25, 00 $45.00 for&in first$2'.8Df13'd,00 IpNMa$9.0000 fw@ach a
S l,rYtd0.00 or fnicikm tharmcf,W aud k=k6ng$25,0Y00.00
$252.00 br Me faa9 112S,000,00 PAUS$0.50 Aror ORCh additional
$9,000.00 or Vrwfiort Vion3d,4a and Inducting
rraYava-$50, .09.4 100'O0
$49 4.550 br 0na Smi S50.000,00 00uum$4.50 ter each DMUMMO
$1,000 W w ftr..tea n 09atte,to end Vicluding$900,00.0,00
Valaue-$90!0,000.09 to%"11 ,000.00
3039.50 troa ffm tira0$100,0M.00 plus 53 50 kworlich a "4¢
vallue m SSX,000.01 RCP$9, ,0400Ad0 $7,039,50 kirthe first$500,0Q00'.00 plus 33.00 W aadh
004014Noll$9,0W 00 or inection thenrol,to and b1dudh2
3 fl'ow'080.00
value-3 I,OW,000,01 and up $3,539.50 trot LIM rmaa S1,000,0041-0a F040$2.09 eor roads
a '9mma0$9,0000.00 ra'karbert 9eamad
Notes:
R.V6aYdsaf.,ume for'r.efir crow a n oirpenriie Ares wil be based on v onhad,rV.6ms em',erP Me abearlm of a contract ,Ph@#MA* g Vadiodan Date as
PUNkiiii8d,by C.Sr0.SbfidiAg.SBard8r0a
" These Vaaw arm wry @cr moWe hordes relocated ftomkackwWa MoNe Horne Park to attier tl1armEir allowed hr xk,r zam,,ng exrde mi4 w au.t J2.m flu
.......................................................................................................................................................................................................................................................................................................................�,
'9'Uaa ftftwinili Schedule 00 4'aaa alimil apply 9ro CA Moeblcal work tsar wtBaech a permit is irw.iquired
NEW CO3dk0u'9.68W'C'9'EON EIIX-,C'9'Ca°IICAL WORK
SkVW Faa*y&W DulAa a:
Urri Sarwtca 64 i& $380.00
RoWdam99aP Sirroo tl'aPmly.now ST0,0D
Du ilex«new $10000
A"tiormll VWmg,raamodoim90 raa dankpaal $300000
ALL OTHER ELECTRICAL VMRX
ftsuance roR FORM $$,x.000
Each FWUM Y atA ivicl dl SwM¢d9,rF.:.rm a Ught $325
IE:W*iic Heat per Ik.ra.lasUltad $3.
Each P aeierr Outlet $2.,00
Ek,odag Service to 200 anVs $240000
ElwanicaU Sar*A over 200 amps $;30,00
IEmd%Area FWdliiiiK bat0i9 t $20.000
IEand4 AddgUonid 0ht WOO
Generator par Ik.w.Outpirt $1,000
Tranataievars 5lk v.a.or a0awa $5,00
MoRw W o uclLona,
95 hp and above $20,OD
'Transfer Surf m w Pmamauat $5,00
Sransfar Sialrdwim.autarnatic $90.00
Cl na 520,00
Traker Couris-ear„h Waco $50,00
Each °came permit $O DO
'Temporary a a��p 11 $:,4,09 Clovicas per
°mr:IVarr vv�roii ¢'wra11V0m a,uP es@ EIIr,E9h",'0,91095 Phaaa Fees are va' W mQUO ho mac ra tad Rack.wn°a R a Home Pw1i,9m roYnar reola a uwu
bM
Resolution No. FY2016-08 Amending the Fee Schedule to Waive ... Page 119 of 151
AGENDA ITEM #93.B.5.
R odialk 0SHMad 0aorau gh,Maska
IFY2016 hew Schedule
IE:Rrec kre 7.01-2015
TITLE M.BUILDING AND CONSTRUCTION
ALL 4'If IER+P ELECTRICAL 1.Wl OR K R' c
The ftleWng adhedutm of gams sW aptly to aN gAtte rO rdr wNch a plart mvkho to reup '
.00-5500.IDD S1520
t.u7tD-�%; .QDBD
S1,003 00 32, $100.00
53,008.00-.'$4, $200.00
$4,4.503.00�36,0W.00 5.250.00
:18,00100.. $300.00
4d°,dnen midto tnspectiDmt am made nawwauy by umamemt of delaeAwa wMk,or otherMaa h baWl or eurar on the part OOmar WAder of Me permit,ar armi
Root Inspe $1tr
Second tnapacbm $StD.tl4D
Each Addg dnspacbm .00
R:.taMite Fermtita Attar WNd"has Started 2 x eta puldis4mw amown
" 'Umsa lees am warred tor mob- tumrmess melocatod ko m Jactc on'a Rub `e Homes Park Ora aaftr partaztm a e vowV code as ar OQU2.015
GRAWII40 PERW IFI Bffi
50 cubic ywde $23.50
51 to IW cy. $37.440
101toi' ny, SV.Dafor Ist TMcV+M7.500aremadd0smoal 100cp
1,4001 W 40,BW r y. St"9'4.50 ror root 0,CM cy r 514.50fftau as addit mad 1,000 Cy
10,001 to I00, c.y. $325.00 Nar root I0,000 cif'r SM OD bus+'ma od&ktnat MAW cy
100,0 at r-y.as mom 9919.00 For gat 100, my*SM.50 Tor as add$0,0W cy
dam.
75m fee Arer a gearAng peeng aau0dar bng adaokximi wwk to khat under waW#wamR xss0 be the di%amme between the raga paid Tar rho twonaR peffrol
and the Am aRaom kv the amtira .
�ILU BNN3 M'F 50„
AdddionaMumUngRemodaling residentiat oMV
SwVle F'aamat'y and P3uosices lbasa Pare)
Now Dupts. $100.01
New R awdemtial Stnl;le IFaum4
plus tlta F'obtn' Add&wal C a.
Each Frustums $700
Each Gas 42NAml $5,00
Each .er Heater and Not Water Batter Piper 1.000 IKU) 3020
Automatic Spo-imatar Systems(perhead) St.50
Iptaurw,wra Atterateatt (par O u"tY 27 00
AN er 535,00
Murmtaang Pt mmdmt der AbA has Stsvted 2 x The,prb YhOiad amount
" 'r1he lama am uuamred few mob4a homes mkxnted Prams.Jacksor6a Moble Home Park to other parceB.m d w4sr swing ceft as al Bd2t.r 15
Men Fers:
A9 .at Man wnAew Req uieed by Changes,addd a me rewhwi ro to appuwad tdamm
(IQ Bar mint S50.
Appeal*Betd Except om 5150,00
BuMin0 Ds mruhton Fee 540.4d4D
Drk,eway Fem ih Fee,(no Aae when 6 e d w&klg pernnit) 525.00
IrispecUms,VM4A Ho Fee bs SpomfKaNy Oridiotted S40.
�1 -p .a 'm R4'taumtaR R3usinaaa Off Qper 4 ,2 hr of nt 570.00
raspo Fees Atssessed 0.Aatdusr R shAsions cd S .. $40.
aff My QRffr:7h7R'y Rraam9et Yda ICh6rte^mray ao St 00,E
d�rA
Resolution No. FY2016-08 Amending the Fee Schedule to Waive ... Page 120 of 151
AGENDA ITEM #13.B.5.
Kodiak Wand Borough,Alaska
FY2016 Fee Schedule
Elffen6ve 7.01.2015
TITLE Is.,SUBMSION$
S4pi R7WUp0U0-NF-E103
Abbrv�iaftdlAfiquat Pad Mats 3300.00
rmaWw 3200.00
Appeal to Commizzlon $200.00
AppwW Record Copy,per Image Peat 20 paagas Ime, $0.25 Mermaftev
RwAaw of pPJ&PC Declasur $75.00
Vacalwi�ss. 3350.00
Urrdp ecti9,mi Sam' -General
Pm eU Cogs-abraft We .$40 omw
peers ammell Costs®ever b mm 356.
PenlannO Casts a time 372.
VeNcle»"Wesge 30.30rmU
Vepode-ad ministrallve fee 1
Rmspa , x s-Saut ''w m:
Road and 0.dti dy Omprwrement ppber Pineal ft)
Ummpbremamummmds for 1 an 12 lots 3:U.Wff
Uam m4enas*x 13 and More MOON
DAW.evta4s Approval Sar*ap s:
First SubmKol $20900
Subsecortni Revivors sw 00
Aclallienal qasprevement Plw Raw' 3100.00
Umprovemant PlaenReview artual coal
U4eitial and Funei Plan 3200.00
Gas Crar$ung Plan Review 3250,00
pre$Mftry Puts crest
1 to 12 Usrta 5350,00
1300 50 km 3350.00 t$20.00 fw each addidomd lot over 92
r50 peas 31,.410.00a$45.00pw each a at pot war 50
'M4Paawemra $75,00
TMLE 17n ZONING
fi46er the Ved ZcWrfg pParmuets 2 x Uw pteaUaUiskted arau0amt
Appeal to Board rat Adjustment $350,00
Appeal to CommisZko 350.00
Appeal Reawd Copy,par page first 20 pages Rama,$0.25 TImmaff.er
Use Powit $250.00
9:dwr P&C Saamirm AgNovall 31 0.00
Pftlponemanq at Fewacrmes Request•ps4.uNic hanxi ng simrteb 3900,00
f es um rnl at pelitaxises Request--v ubbc Prmammg eteme $2500
Re' d P&ZC I 'sUirn $150.00
vsrlarl= 3250,00
Zwung CharOgm Parmm44:
Less am 1,75 acres 33M 00
I Few 5.00 serffi* $750.
5.01 to 40 00 acres 36,
40.01 ass W Mars $1,500.00
comFowrsx,Uamrrmit
Less V=17:5 acres $:34400
/76 to 5.00 acree
5.01 to 40,00 wies $9000
40,04 acres or MGM 3120.00
"'UY7hra'mma 9arbmte ammo aanedmmrra',U Illmm'mnmra4wmllm.m ilMmm"n'bwu,lb mumB,nr a'm'Nawat illvammna aUauvllrmbamti"s pztePviitur IPUrumuimwb Ilm'iavtlu,mu�n moilhareir Iriwrwr.•mdl1m a!IYnWTV1 ufw&r zoning coda as of MIMI$
TITLE ia.BOROUGH REAL PROPERTY
100s�ax4Udm 33;.097.00
R. 6,Paa5P 'tm-ammreaaul7e $250,00
patstmraep uaUmm mazx4t�pea pass eartric q+avd-a 32.00
to RPemmita..a a .2:.a.00
7 aP'7
Resolution No. FY2016-08 Amending the Fee Schedule to Waive ... Page 121 of 151
AGENDA ITEM #13.D.1.
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
AUGUST 20,2015
ASSEMBLY REGULAR MEETING
TITLE: Confirmation of Mayoral Appointments of Assembly Representative(s)to the
Kodiak Workforce Regional Advisory Council, Kodiak Fisheries Work Group,
and Assembly Representative to the City of Port Lions.
ORIGINATOR: Jerrol Friend
FISCAL.IMPACT: FUNDS AVAILABLE:
Account Number. Amount Budgeted:
SUMMARY STATEMENT:
With the recent appointment of Assembly member Symmons to the Assembly, Mayor Friend
would like to fill the vacated seats as follows:
Kodiak Workforce Regional Advisory Council-Assembly member Symmons
Assembly Representative to the City of Port Lions-Assembly member Symmons
Kodiak Fisheries Work Group-Assembly member Skinner
The complete list of Assembly member representative to to Boards,Committees, and
Commissions,and Councils,and Assembly Representatives to the Different Cities,
Communities,and Villages is attached.
RECOMMENDED MOTION:
Move to confirm the following mayoral appointments:
Assembly member Symmons to the Kodiak Workforce Regional Advisory Council and as the
Assembly Representative to the City of Port Lions and
Assembly member Skinner to the Kodiak Fisheries Work Group
Kodiak Island Borough
Confirmation of Mayoral Appointments of Assembly Representat... Page 122 of 151
AGENDA ITEM #13.D.1.
Mayoral Appointments of Assembly Representatives to Boards, Committees, and
Commissions, and Councils, and Assembly Representatives to the Different Cities,
Communities,and Villages
Architectural Review Board, KIBC 2125 Jerrol Friend
Economic Development Committee„KIBC 2.115 f=rank Peterson
Emergency Services Council,,KIBC 2.110 Jerrol Friend
Kodiak Workforce Regional Advisory Council, Dennis Symmons
KIBC 2.155
Joint Building Code Review Committee, KIBC Dan Rohrer
15.45
Kodiak College Council Frank Peterson
Kodiak Fisheries Work Group(Adhoc) Larry LeDoux,Chris Lynch,and
Rebecca Skinner
Kodiak Fisheries Advisory Committee, Res FY07- Rebecca Skinner
38
Parks and Recreation Committee, KIBC 2,120 Aaron Griffin
Providence Health System Service Area Board, Larry LeDoux
KIBC 8,05
School District Budget Advisory Committee Rebecca Skinner
School District Facilities Review Committee Dan Rohrer
School District Strategic Planning Committee Aaron Griffin
Solid Waste Advisory Board, KIBC 2,145 Dan Rohrer
City of Akhiok Dan Rohrer
Chiniak Community Rebecca Skinner
Karluk(IRA Tribal Council) Frank Peterson
City of Larsen Bay Aaron Griffin
City of Old Harbor Larry LeDoux
City of Ouzinkie Chris Lynch
City of Port eons Dennis Symmons
Confirmation of Mayoral Appointments of Assembly Representat... Page 123 of 151
AGENDA ITEM #13.D.Z
KODIAK ISLAND BOROUGH
AGENDA STATEMENT
AUGUST 20, 2015
ASSEMBLY REGULAR MEETING
TITLE: Hiring of a Resource Management Officer.
ORIGINATOR: Meagan Christiansen
FISCAL IMPACT: Yes$76,961 Base FUNDS AVAILABLE:
Pay
Account Number: 210 231 410 110 Amount Budgeted:
SUMMARY STATEMENT:
The position of the Resource Management Officer was vacated in late January of this year.
The vacancy was advertised and applications were accepted according to Borough policy.
One applicant has risen to the top; he was interviewed and tentatively selected.The
negotiation process has resulted in a starting salary above the Manager's authority for
approval,and a request for moving expenses which is also subject to Assembly approval.
The selected applicant is a former Borough employee with extensive experience related to
land use and public process. Due to the applicant's background and experience the Manager
believes that a starting salary at Range 21.5 Step F is appropriate.
RECOMMENDED MOTION:
Move to approve the hiring of the selected applicant as the Resource Management Officer at
Range 21.5,Step F of the salary schedule.
Kodiak Island Borough
Hiring of a Resource Management Officer. Page 124 of 151
AGENDA ITEM #93.D.2.
Kodiak Island Borough
OFFICE of the MANAGER
Bud Cassidy,Borough Manager
MEMORANDUM
ir
Date: August 10,2015
To: Borough Assembly Members
From: Bud Cassidy,Borough Manager
Re: Hiring of a Resource Management Officer above Manager's Authority.
.. .mm. n,,...
INTRODUCTION
I am again before the Assembly in an effort to rill the vacant position of Resource Management Olfkw
with former ampk"a Guano Dvorak.I don't bring this request to you frivolously as the Assembly did not
approve of the previous negotiated salary,but in my opinion and by all measures this Is an exceptional
employee wkh experience In the things that the Assembby has Identified as primitles.He wit be a valuable
ease moving the borough forward In the area of lands sales and affordable housing.
This position Is responsible for more than just land sales, it administers an overall Borough land
management program(property acquisition,disposal.leases,easements,foreclosure eta).Job tasks
thal lag under the position of the Resource Manager are presently being done by the Borough Manager
and other positions as assigned.This position manages borough land records In which there Is over a
thousand and Includes Important documents like patents from the federal and state govemment,Whclaim
deeds from native corporations and private entities,out of court settlements with the state of Alaska on
borough land selections etc.
RENEGOTIATIONS
Mr.Dvorak was the only applicant who has the expedence and knowledge to be the Resource Manager.
After the initial negotiated wage package I brought to the Assembby was turned down the other
candidates who applied for the Resource Manager were reviewed. The applicant who was ranked
second had planning experience but has since moved out of Alaska while the third applicant had an
a=wnling degree and no other relevant experience. Because of this lack of qualified applicants and due
to Mr.Dvorak's experience at the Kodiak Island Borough with land management Issues,I chose to ravish
with Mr.Dvorak and to renegotiate with him.That negotiation was primarily held In Kodiak because Mr.
Dvorak has moved back.
My attempt to firs Mr.Dvorak at Range 21.5,Step J was not jgRM20 and neither was the request to
pay Mr.DvoraWs relocallon costs from Seattle. My latest negotiation with Mr.Dvorak concluded with a
starting base salary of $76.961(Range 21.5,Step F).That Is a reduction of close to$8,000 from the Step
J in which the base pay Is$134.9%it Is also substantially Was than what he was making when he left the
Borough. The need to reimburse for moving expenses Is no longer an Issue.Though this wage Is 4 steps
below my last recommendation, it Is remains 3 steps above the Managers authority lo offer a new
employee a wage above Step C without Assembly approval.
CONCLUSION
Finding good competent employees Is not an easy task.Flanging on to them Is equally as difficult.During
our recent recruitment efforts,we have seen marry of the top candkfetes turn down positions offered at
slap A.B. or C.Those positions currently remain unfilled and Include the Associate Planner and the
Bayskfe Fire Chief.We are also not seeing the large numbers of Interested applications that we once did
for positions.The City of Kodiak and the Kodiak Island School district are witnessing this as well.
Hiring of a Resource Management Officer. Page 125 of 151
AGENDA ITEM #13.D.2.
Mr.Dvorak is a seasoned veteran ol the Kodiak island Borough,and he has Wso worked In government
in Anchiorage, Whitifier, and WasMa and[in wine State d WasWnglon. He Winks out ol the box and is
knovwlec*aWe wld-r the two crilkA issues before the AssepnlAj as pirWitles.getting land out to you
larnffies and allandable hIDUSing.
Hiring of a Resource Management Officer. Page 126 of 151
AGENDA ITEM #13.D.2.
CLASS 71,111SAND PAY RANC*'ES'
y
ropez^A p ai. 'gip. ...... : 19,0
100
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�� p a rr m rrrvp �fl ass.... ��, .., .,. M
Assv,,tani Now
swvoq IR
L N911�r
9LW.Q,„ ,AV1J=,,
u,did Wine Spec i Ail� .,. . ,
prp a�Mamag
wasu,Bohn�l f9.
m �ovewor U ..., P
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Hiring of a Resource Management Officer. Page 127 of 151
AGENDA ITEM #13.D.Z
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Hiring of a Resource Management Officer. Page 128 of 151
AGENDA ITEM #1 B.A.1.
HRE, PROTECTION AREA NOA BOARD RECEIVED
REGULAR ea TING I
June24,2015 6:05p.m.
AUG
BAYSIDE FIRE HALL 10 2015
16 CALL TO ORDER BOROUGH CLEWS OFFICE
CHAIR NELSON called the special meeting to order at 5® 7 PM KOOKK AL45KA
2.ROLL CALL
Board Members present were Richard Carstens, Chair Rebecca Nelson and Scott Arndt. Also
present were Acting Chief Doug Mather's, Mike Dolph, Jeff Halcomb, Borough IT Supervisor
Paul VanDyke,Borough HR Officer Lauri Whi n and Secretary Jenny Clay.
®ACCEPTANCEIAPPROVAL OF AGENDA
ARNDT moved to accept and approve the agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
4. ACKNOWLEDGE RECEIPT OF THE FINANCIAL REPORT
ARNDT moved to acknowledge reccipt of the Financial Report.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
5. APPROVAL OF MINUTES-April 7, 14,27,28,29,June 2,2015.
ARNDT moved to approve the regular meeting of April 7"' and the special meetings of April
14",27'h, the 29`h and June 2,2015.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
6. CHIEF RE PORT
Acting Chief Doug Mat hers info d the board that all ADD's have been updated with new
batteries and pads.E Dispatch is alerts volunteers of emergencies on their cell phone,needed
updating with current numbers. He would contact former Chief Himes to fi nd out the password
until the now chief was selected. He was working with the Finance Department on Stipends for
the volunteers, ISO (insurance Safety Office) would be in Kodiak September 2015. He had a
packet to complete before their arrival. He discussed the rating of Fire Protection No. I which
was a 4 in hydrant area and 8 in the non-hydrant area.This rating affects homeowners insurance
for the resident&
7® CHAIR REPORT None.
8.
® REPORT None.
9.VISITOR COMMENTS
Fire Protection Area No. I Board Special Meeting June 24.2015
page i or4
it Protection Area No. 1 Board RM, June 24, SM, June 29, S... Page 129 of 151
AGENDA ITEM #18.A.I.
Paul VanDyke was looking forward to the Board hiring a new chief. He has his name in the hot
for the vacant scat on the Fire Board.He welcomed questions from the board.
10.ACTION ITEMS
A.Recommendation to the Fire Protection Board
ARNDT moved to postpone this to our meeting in July. Board discussion ensued.
ROLL CALL VOTE ON MOTION FAILED I TO 2.
B.Generator
Arndt read a memo from Matt Gandel which stated that the Borough Assembly approved the
contract for Pacific over Generation for procurement of the generator and transfer switch on
May 279 15® The submittals were approved and the generator and switch are in production. It
was estimated that delivery would be in late July or August.Board discussion ensued.
C.Windows
Arndt discussed[lie window options for the Apartment with the Board.
A moved to approve the purchase of the windows for the apartment not to exceed
purchase order of$1,700.
ROLL CALL VOTE ON MOTION CARRIED 3 TO 0.
D.Apartment Remodel
Methers suggested tote board the remodel should be done as quickly as possible as the new
Chief may need to stay either temporarily or permanently in the apartment. Chair Nelson
presented the list of repairs to the board. Board discussion ensued.
ARNDT moved to postpone details on the apartment to the special meeting on Monday,June 299
2015 at
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
E. CHIEF HIRING PROCESS—Executive Session—Evaluation of Application for
Bayside Fire Chief Position
Chair Nelson requested a motion to go into Executive Session.
ARNDT moved to go into Executive Session for evaluation of applicants for ay ids Fire Chief
position
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
Executive Session concluded and regular meeting was back in session.
1--ire Protection Area No. I Board Special Meeting June 24,2015
Page 2 ore
Fire Protection Area No. 1 Board RK June 24, SM, June 29, S... Page 130 of 151
AGENDA ITEM #18.A.1.
ARNDT moved to schedule interviews July 17'h for the three Fire Chief applicants. First
interview at 1:00 was Joseph Dilley, 3:30pm was Howard Rue and at 6:00 pm was Troy
revik,
ROLL CALL VOTE ON MOTION CARRIED 3 TO 0.
ARNDT stand forte record that Secretary Jenny Clay would pick up the two out of town
applicants at the airport on July ' and 151h.
I I.VISITOR
Paul Van Dyke apologized to Mr. Brevik. He was informed by a member of the station that he
took a job off island. He did not realize Mr.Brevik was still going through the interview process.
In the postponement of new board members,he was concerned that only 3 board members would
possibly hold up the hiring rocess.
12.BOARD COMbWNTS
R.Carstens®would have liked to see one more board member this evening.
S. Arndt®We have been operating with a board of 3 members for 6 months. One more month
would not hurt anything. It would not help to bring a new a member on the day of the
interviews. It would not be productive.We have had to agree throughout this process. Reminded
Chair Nelson she was going to gel information on the phone bills as well as other information
requested for the board.
R. Nelson Will try and work together as a 3 member beard. It has been a slam process. She
pointed out that having a couple on the board had handicapped the process.
13.NEXT MEETING SCFIEDULE
Next special meeting was scheduled for June 29. 2 1 at 6:30 PM. The interviews will be on
July 17, 2015 starting at 1:00 pm, 3:30 prn and &00 with an executive session to follow
interviews.
1 ®ADJOURNMIENT
ARNDT moved to adjourn the meeting.
VOICE VOTE ON MOTION I L
Firs Protection 1ti=No I Baud Special Meeting ,lure 24.2015
Page 3 ur 4
Fire Protection Area No. 1 Board RK June 24, SK June 29, S... Page 131 of 151
AGENDA ITEM #18.A.I.
The meeting was adjourned at 8.10 p.m.
SUBMITTED BY:
CA I A A A I foA1dAf-W'- Date: 7IA711,5-
renny Clay,fBoard Sech(tary
KIB EnginceringlFacilitics Department
AP ED BY:
Date: -7 X72
Chair Rebecca Nelson
Fire Proocclion Area No. I Board Special Meeting June 24,2015
Page 4 of 4
Fire Protection Area No. 1 Board RM, June 24, SM, June 29, S... Page 132 of 151
AGENDA ITEM #18.A.1.
]FIRE PROTE CTION AREA NO.1 BOAR RE EIVED
SPECIAL MEETING
June 29,2015 6:30 p.m.
BAYSIDE FIRE HALL AUI I G 20115
1.CALL TO ORDER uoRouaH OFRM
KODIAK.ALASKA
CHAIR NELSON called the special meeting to order at 6:30 PM CLERKS
2.ROLL CALL
Board Members resent were Richard Carstens, Chair Rebecca Nelson and Scott Arndt. Also
present were Acting Chief Doug Mather's, Mike Dolph,Borough IT Supervisor Paul an e,
Volunteer C. on Waggoner,and Borough HR Officer Lauri Whiddon.
3.ACCEPTANCE/APPROVAL OF AGENDA
ARNDT moved to accept and appmve the agenda with the deletion of A. Recommendation to
the Fire Protection Board which would be an the agenda for July 21,2015.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
4.VISITOR COMMENTS
Paul VanDyke was sorry to see the it moved off of the agenda and therefore had no
comments.
5.ACTION ITEMS
A.Recommendation to the Fire Protection Board-Deleted from agenda
B.Apartment Remodel
ARNDT received prices from three contactors for labor on the Apartment remodel and John
Arndt or JDA Enterprises was the lowest bidder. Arndt did mention that John Arndt was his son.
The Board would be purchasing the supplies. Mathers who was also the Building Inspector for
the City of Kodiak vouched fort 's competency. Board discussion ensued.
ARNDT moved to approve JDA Enterprises proposal for time and materials at $95 per hour
straight time,with 12% markup,for not to exceed$20,000.
ROLL CALL VOTE ON MOTION CARRIED 3 TO 0.
C.CHIEF HIRING PROCESS—Executive Session—Finalize the Bayside Fire chier
Process.
CHAIR NELSON asked the Board to recess the meeting and to go into Executive Session.
CHAIR NELSON reconvened the special meeting.
6.VISITOR COMNIENTS
None
Firs®Protection Arco No. I Board Special Meeting June 29,2015
Page I or 2
it Protection Area No. I Board RM, June 24, SM, June 29, S... Page 1 33 of 151
AGENDA ITEM #18.A.1.
7.BOARD COMMENTS
Scott Arndt —Doug gathers requested that Volunteer Drew Decries for Fire, District receive
training at the "IFAC's Annual Conference & Expa and needed the tuition fee of$575 for the
curly bird fee. Arndt was in favor of this training.Board Discussion ensued.
Richard Carstens —Agreed that we should fund this important training for Captain Devries. He
would like to fund the tuition,airfare and accommodations for this training.
Rebecca Nelson—Last year Drew Devries was chosen to go to this training and at the last minute
Chief Himes cancelled his trip due to budget deficits. Decries chose to pay for the trip out of his
own pocket. In the future she would like to see instructors come to Kodiak so that more of the
volunteers would get the training.
8.NEXT MEE,TING SCHEDULE
Next regular ineeting was scheduled for July 21,2015 at 6:05 PM
9.ADJOURNMENT
ARNDT moved to adjourn the meeting.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
The meeting was adjourned at 8:19 p.m.
SUBM1717ED BY:
Matte:
Jenny Claly.
K113 Engineering/Facilities Department
AP'P ED BY:
Dale:
Chair Rebecca Nelson
P'kc Noicclouirp Awn I No. I IMAM Sirwclal Mccoing Juna 29,2015
Pg1ge 2 InF2
Fire Protection Area No. 1 Board RM, June 24, SM, June 29, S... Page 134 of 151
AGENDA ITEM #18.A.1.
FIRE
® ARE A NO-1 BOARD RECEI E
SPECIAL MEETING
JULY 17,2015 3:30 p.m.
BAYSIDE FIRE DEPATMENT AUG 11 0 i2015
®CALL TO ORDER
CHAIR NELSON called the regular meeting to order at 3:30 PM BOROUGH CLERKS OFFM
2®ROLL CALL
Board Members present were Richard Carstens, Scott Arndt and Chair Rebecca Nelson. Also
present were Acting Chief Doug Mather's, Mike Dolph, Jeff Halcomb. Borough HR Officer
Lauri Whiddon and Secretary Jenny Clay.
Visitors present were Rose Dolph.Paul VanDyke,Byron Nicon and Charles Waggoner.
3.ACCEPTANCE/APPROVAL OF AGENDA
ARNDT moved to approve the agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
4.VISITOR COMMENTS
None.
S.INTERVIEWS FOR BAYSIDE FIRE CHIEF POSITION
Two applicants were interviewed in person-Joseph Dit y and Howard Rue.
Chair Nelson called to go into Emccutimc..'knion—Evaluation of Annficana;For 8ayj%d1 Fare_Qbear Pt ilk
Chair Nelson reconvened the meeting.
ARNDT moved that the Fire Protection Area No. I Board recommends to the Borough Manager
based on a 4 to 2 vote by the rating team of six(6)that Joseph Dilley was our I",choice.
ROLL CALL VOTE ON MOTION CARRIED 3 To 0.
6.VISITOR COMMENTS
Mike of ® Thanked the Fire Protection Area I Board forte opportunity to serve in the
capacity as part of the selection committee that was very labor intensive and very enjoyable. He
thanked the committee for the privilege and honor.
Lauri Whid n — Wanted to the the Board (Rebecca Nelson, Scott Arndt and Richard
Carstens) as well as the Rating Team (Doug Mathen. Mike of and Jeff Halcomb) and
Borough Staff for all the time and commitment that was devoted to this recruitment. It was a
to and at times an arduous process. We have faced challenges but you have all risen to the
Fire Prolvction Ama No. I Board Special Meeting July l7,2015
Page I nF2
it Protection Area No. I Board RK June 24, SK June 29, S... Page 135 of 1 51
AGENDA ITEM #18.A.1.
occasion. She t .irked all for their time,dedication, professionalism and expertise as we moved
forward to hire a new Fire Chief for Buyside Fire a art ent.
.BOARD COMMENTS
Richard Carstens®Hoped that the applicants would be able to talk with the manager about who
was selected before leaving the Island.
Cott Arndt-Wanted to thank ou athers9 Jeff Halcomb and Mike Dolph. It would have been
a very difficult process without their assistance. He appreciated their expertise in creating the
tactical presentation and testing for the interviewees. It was helpful in coming to an
understanding goina over the questions line by line® It has been the most thorough vet in of ea
ire that he has ever been involved in,
Rebecca Nelson ® Fell that this was a new chapter that Bayside Fire Department was to begin.
The new Fire Chief was going to be an important p of reenergizing and guiding this
department to the direction that it needed to go. She thanked panel members and Borough Staff
for helping in this process.
MEETING 8.NEXT
Next Regular meeting was scheduled for July 21,2015 at 6:05 PM at Bayside Fire Department.
9.ADJORNME NT
ARNDT moved to adjourn the meeting.
VOICE VOTE °TI CARRIED UNANIMOUSLY.
The meeting was adjourned at 9.43 p.m.
SUBMITTED Y:
L ale;
Jenny Clay.Bard Secretary
KM Engineering/Facilities Da art ent
Alb Yo
stem
Chair Rebecca Nelson
Fire Proiccdon Area No, 1 Board Special Mecting July 17,2015
Page 2 or 2
Fire Protection r 9 June 24, SK June 29, S... Page 136 of 151
AGENDA ITEM #18.A.1.
-
RECOVED
Kodiak Island r ,i.i '2015
Planning & Zoning Minutes H CLERK'S OFFICE
s
June 17,2015 a uir eel : 0
CALL TO ORDER
COMMISSIONER ll to order the June 17, 2015 regular tin of the
Planning onin Commission at 6:30 p.m.
ALLEGIANCE PLEDGE OF
COMMISSIONER led the pledge of allegiance
ROLL CALL
Commissioners present were Jay Baldwin, Alan Schmitt, Kathy Drabek. Maria Painter,
Scolt Amdt,and Greg li nger.
quorum was established.
Community v to t Department staff present was Jack r and Shelia Smith.
APPROVAL OF AGENDA
COMMISSIONER I to approve the June 17, 2015 Planning onin
Commission agenda.
VOICE r UNANIMOUSLY
APPROVAL OF MINUTES
COMMISSIONER I to rove the April 15, 2015 the 1
Planning onin Commission minutes.
COMMISSIONER I wanted to clarify in the ril minutes in the ninth line n he
makes ren to h December u' meeting, it doesn't the year and the context
seems to indicate it is 2011 and it was actually hen that occurred.
VOICE !
CITIZEN COMMENTS
Items Not Scheduled for Public a rin : Limited to three i t s per speaker. Local:
3231 Toll Free phone number 855-492-9202. State your name for the record, and print
your name on the sign in sheet.
PUBLIC None
Limited to 3 minutes per speaker. Local: 1. Toll Free phone number
A) Case 1MI8. Request a Variance to ll building cr
feet 8 Inches Into the required foot side yard t , Block 8, Miller
Point Subdivision, i t Addition (KIBC 17A95, 1 . 1 . The
applicant Is ills location Is 3615 Antone Way and the zoning
Is I-Rural Residential One.
6/17/2015 P&Z Minutes Pagel of 7
Fire r ti Area . 1 Board RM, June 24, SM, Ju ... Page 137 of 151
AGENDA ITEM #18.A.1.
Maker stated is is have withdrawn their request.
B) Case. Request $15-021. Request l i nary approval of the subdivision
Crestview ivl vacating i utility t and creating
-1 and 4A-2, Crestview Subdivision t ). The applicant Is
Teresa i. The location is i s the zoning Is 112-Two-
famil ti .
Maker stated this plat s ivi s an R2 zoned lot Into two lots. Although only lots are
created, i I t vacates portions of a utility easement.The portions of the utilfty easement
vacated this plat coti tilitis and serve no practical purpose, No review
agency has expressed retain s at the lot area
width requirements ! Its are also existing city sewer and
water connections and driveways. Existing buildings are located on bot s Its.
single-family resi c is situated on L ot 4A-1 and an accessory building is situated
4A-2. Both buildings zoning setback requi t is but an accessory building In
the s n residence - is contrary to the is of Borough code,
The staff report recommends a condition f approval that will remedy this issue. The staff
report a recommends ii approval to su required corrections
to the Final la scri i on. Staff has determined that this plat meets the minimum
data and design requirements chapter 1 .40 of the Borough . Fft4hree(53) public
hearing notices were mailed. One (1) public hearing notice in support was returned.
recommends preliminary approval r n , subject c the two conditions f
approval. t last a 's Work Session, the Commission requested t condition
approval No. 1 be amended increase the ti r for the required removal
demolition of the accessory building r oposed Lot 4A-2 from six ( ) months to twenty-
four ) months. That condition of appr i has been amended and is included io
listed in the supplemental staff report for this case.
In response to COMMISSIONER PAINTER'S r r f the i o is in the R2
District is non-conforming because there's not a mobile in is `c she
s told by Director Pederson that it's grandlethered but once ift subdivided will they lose
their grandfather rights or does it follow, r stated that it Individual
outside of city limits Is a single family si is i as such. You can 1 c
mobile homes on residential is outside of the i limits.
In response I t inquiry f the existing r' she gathered
it's shared c they have contract r driveway repairs if it's a shared iv r
stated it's 2 separate driveways, the mobile at one time s located next to
accessory it i later relocated to sii that it's in n proposed Lot
-1. The driveway that goes to the cc building used to serve the mobile
when they v It riv was placed. A mobile Is not a permitted
use In R2 zoning.
COMMISSIONER PAINTER st r to iv her that code citing, Maker stated
single it residences Is permitted in , RR1, RR2, Conservation; I f the
districts. It doesn't specify it r a stick built residence.
In response to COMMISSIONER LI NGER' i far out notices sent,
Sheila stated feet and If It's remote it's further.
COMMISSIONER I TT MOVED to grant preliminary apprl of the ivisi
Lot 4A, Crestview Subdivision, vacating portions of a utility s creating Lots
6/17/2015 P&Z Minutes Page 2 of 7
Fire r t ci , SK June 29, S... Page 138 of 151
AGENDA ITEM #1&A.1.
4A-1 and 4A-2, Crestview Subdivision (KIBC 16.40 and 16.60), subject to two (2)
conditions of approval and to adopt the findings in the staff report entered into the record
for this case as"Findings o cr'for case S15-021.
Close regular meeting&open public hearing:
on
Close public headng&open regular meeting:
CONDITIONS OF APPROVAL
1. The existing accessory building on Lot 4A-2 shall be removed or demolished within
twenty-four (24) months of the Final Plat recording date. Should construction of a
permitted residence commence within that timeframe, the building shall be allowed to
remain on the property to be used within the scope of Chapter 17.160 (Accessory
Buildings)of the Borough code.
2. The Final Plat Legal description shall be revised to read "Subdivision of of 4A.
Crestview Subdivision, Plat 90-52, vacating portions of a utility easement and creating
Lots 4A-1 and 4A-2,Crestview Subdivision"(KIBC 16.40.040.C).
FINDINGS OF FACT
1. This plat is the minimum data and design requirements of chapter 16.40
(Preliminary Plat)of the Borough code.
2. This plat vacates a portion of a utility easement that contains no known utilities and
serves no practical purpose. No review agency expressed a need to retain that portion
of the easement
3. This plat provides a subdivision of land that is consistent with the adopted Borough
plans and development trends for this area.
4. The adopted conditions of approval should ensure that the Final Plat rneets the
standards of 1-ities 16 (Subdivision)and 17(Zoning)oft Borough Code.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
C) Case 15-019. Request a Similar Use Detennination that a women's emergency
shelter Is similar In use to the KIBC 17.25.030 definition of a boarding house (KIBC
17.15.090.A). The applicants are Priscilla DawsonfKodlak Women's Resource Crisis
Center. The location Is 418 Hillside Drive and the zoning Is I - it
Residential.
Maker stated this similar use determination request for the proposed Kodiak Women's
Resource Crisis Center(KWRCC) emergency shelter Is similar In character and Impact to
a boarding house as defined In KIBC 17.25.030.The need fort it services has exceeded
the capacity of their existing facility. To Increase capacity, they have purchased the
adjacent four bedroom single-family residence with the Intent of converting It to an
emergency shelter. Emergency shelters are not defined by Borough zoning code or listed
as a permitted use in R3 zoning. Accordingly, zoning compliance for this facility may only
be issued upon a determination by the Commission that the proposed use is similar In
character and impact to a permitted use for that zoning district. The permitted use that
appears to be most similar to the proposed shelter is a boarding house. Staff has
to ins that an emergency shelter Is similar in character and impact to the KIBC
17.25.030 definition of a boarding house and recommended approval. Sixty-one public
hearing notices were mailed. One public hearing notice supporting this request was
returned.At Iasi week's work session, the Commission requested that finding of fact No. 3
6/17/2015 P&Z Minutes Page 3 of 7
it Protection Area No. 1 Board RM, June 24, SM, June 29, S... Page 1 39 of 151
AGENDA ITEM #18.A.1.
be amended to indicate the appli r intent t r off-street parking spaces In
the front r f the emergency shelter.
In response to I I Inquiry ri staff report does not
reference existing i it r use determination for the current facility, r stated in
the i i r was a single family residence, i it issued
Women's KWRCC as the Shelter facility similar use deten-nination was done. This
s some something is similar s e determination will clear that up.
In response to COMMISSIONER I inquiry if we can take the opportunity
similar r for both lots, Maker stated discussion it h Director Pederson
sold is similar use determination applicable r properties.We are i to
start at counter it `r it use i i s so when someone
comes In can It's already determined similar nin district.
There's r that, It will actually cover this or any future similar shelters.
COMMISSIONER r Similar t r i
17.15.090.A, finding n emergency shelter ' i i in character and impact to the
KIBC 17.25.030 defi iti n of a boarding l in the t report
entered into the c r this s"Findings of Fact'for case 15-019.
Close regular meeting &open public hearing:
Elsa , President of the Board Directors, KWRCC, spoke u is
request.
Close i regular meeting:
Discussion
FINDINGS
This similar use determination is based upon the Information submitted li t
and the vi of the applicable zoning requirements land use characteristics.
2. Although c shelter is not specifically listed as a permitted in
zoning, this facility, as proposed, is similar in character and Impact to the KISC
17.25.030 riCn of a boarding ,which Is i use In 3 zoning.
avoid the use of tandem parking spaces, four( ) nine ( )foot by eighteen ( )foot
side-by-side -s spaces ill be developed in r n yard site ri
to December 31, 2015. Four( ) spaces should provide - i for
is facility.
4. The emergency shelter ill offer a crucial service i through
provision f temporary housing and services for women and their children who are
victims of domestic violence and sexual s i s will be provided within
the scope boarding s defined by Borough .
ROLL CALL VOTE ON MOTION f
OLD BUSINESS
resolution A) FY2016-2020 CIP List Correction to the this List
from 1 to t
COMMISSIONER 1- correct the resolution number for the previously
adopted FY2015-2020 Capital Improvement ct s List from Resolution r
1 - - .
6/17/2015 P&Z Minutes of 7
Fire ti ... Page 140 of 151
AGENDA ITEM .1.
BUSINESS ROLL CALL VOTE ON M077ON CARRIED UNANIMOUSLY
NEW
Discussion it e Home Park Code and Related Information
COMMISSIONER stated 'v scheduled iio I work session for July lst
to work on this.We're also looking t continuing it July 81h work session.
COMMISSIONER 1 requested staff will provide the commission document he
assumes from Bob I t , 1992 an fire safety f r c In Duane
Dvorak's memo dated r the commission.
Maker said it will be Included in next week's information.
COMMISSIONER i TT stated that Mr. Pederson mentioned it for and it's a good
idea is relative to tab 10 that the ro may le to provide some s to
temporarily store mobile homes but there liability issues associated with storing
things for other people. If something it storage the r could I
liable. e wants the or ough to talk with Its is Manager and the borough me
make sure that if indeed the borough Is i look into providing storage that!Vs done In
y that's not going to i liability for the borough.
COMMISSIONER I NTER shared some information to the Jackson Mobile Home Park
residents in reference to the mobile r Issues that could present problems In the
year.next She contacted the i Island usin Authority a ke with Stacy Parker
o gave her information an io s programs they in particular being is h
Emerald Heights Apartments, a senior housing apartment complex with 32 units and 22
units currently available. Heal, water, sewer, and garbage are i would
electricity. It's located n Near Island t 162 Alimaq ri voucher program is
accepted. contact number is 486-8111 and they v applications online If you have
access to a computer. T r 's also a rental assistance program, !Cs a voucher program
that is for Alaska Native or American Indian only, and there requirements. contact for
this is lsa 486-8111 for more information. Also another program is for Student Rental
Assistance you're r ll full time. There's also an Indian e nt Program In
Woodside nor that anyone can participate in contact It Is 486-8111. The Kodiak
Island Housing on Life Builder Program for Individuals age 18- old and
contact 486-8111. Painter also contacted h e Alaska Housing i or n and
they do have public housing vouchers t none are v it I t this time, but you can
apply to get on the list.The Pacific r long waiting list but you can to
got on the list.
COMMISSIONER t if they go to v mobile they have to
get a registration? Is it possible to see if there's a temporary registration so they don
to pay a full 2 years?
COMMISSIONER T said the t that requirement; ail o are o
longer licensed them.The borough is looking t exempting the e s:zoning compliance,
plumbing, electrical.
COMMISSIONER commended staff for this exhaustive reporL She stated
heard rumor that Jackson's Trailer Court that of the residents were not paying
upon purchase 50% decided to pay. We have one hundred homes the h
sees It that breaks It down to 50 need assistance. She forgot the tally c for
trailer parks In existence but that Immediately brings down the emergency l li
6/17/2015 P&Z Minutes Page 5 of
Fire r ci Area r , SIVI, June 29, ... Page 141 of 151
AGENDA ITEM #18.A.l.
something more easily dealt with. If people are reaching out for assistance there needs to
be some level of responsibility.We all see It as an emergency and we'll go the mile to help
any way we can. She appreciates Miss Kidder's article about what other communities have
done. She said her brother is a mobile home park resident in Washington and In talking to
him he pointed out there was a Kodiak resident that on a mobile home park in Seattle
who sold it and everyone had to move.The buyers were so anxious to take ownership that
they paid for moving all trailers. COMMISSIONER DRABEK will have more information by
the July 1 st special work session.
COMMUNICATIONS
A) May Planning and Zoning Case Results Letters
13) Notice of'Oolation Lefler
COMMISSIONER SCHMITT MOVED to acknowledge receipt of communications as
presented.
VOICE VOTE ON MOTfON CARRIED UNANIMOUSLY
REPORTS
COMMISSIONER ARNDT stated on July 81h with regards tot discussion he's looking at
a special meeting on the non-conforming use structures lo allow mobile homes displaced
under this we have a,draft ordinance. Dan Rohrer is one who asked that it be expedited so
some people can try to do something there.We can discuss it on July 1,4 and try to or It
out to have a special meeting just fort along with our packet review.
A) Meeting Schedule:
• July 1, 2015 Special Meeting-6:30 p.m.-Assembly Chambers
• July 8, 2015 Work Session at6:30pm In the KIB Conference Room
■ July 15.2015 Regular Meeting at 6:30pm in the Assembly Chambers
13) Abbreviated &Final Approvals-Subdivisions
• S15-010 Abbreviated Plat Procedure
C) Minutes of Other Meetings
* April 20,2015 Parks and Recreation Regular Meeting
STAFF REPORT
COMMISSIONER PAINTER MOVED to acknowledge receipt of reports as presented.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
CITIZEN COMMENTS
Local phone number 486-3231,Tall Free number: 855-492-9202. Limited to 3 minutes per
speaker.
one
STAFF COMMENTS
Maker stated that liability and storage was brought up at the assembly work session. Kirk
Rasmussen has submitted a site plan for an expansion of twenty-nine spaces to
Rasmussen's Mobile Home Park.
6/17/2015 P&Z Minutes Page 6 of 7
it Protection Area No. 1 Board RM, June 24, SM, June 29, S... Page 1 42 of 151
AGENDA ITEM #18.A.I.
COMMISSIONER COMMENTS
Kathy Drabek Is unavailable for July 8"'.
Alan Schmitt thanked staff for the binder an Mobile Home Codes. It'has a lot of history and
interesting reading. He appreciates staffs efforts on making the changes to the minutes,
it's good to have in the record for anyone who may want to read It for future efforts of the
code revision. Schmitt also said there's nothing in the packet for Killarney Hills subdivision
which is still a work in progress. He wants It on the agenda each month whether or not we
have something or not 50 We can see where things stand.
Maria Painter thanked everyone and if anyone is listening just look online for the Tiny
House Movement. It's interesting, it's kind of like a 500 sq. foot house. It's a big movement
and is working for some people.
ADJOURNMENT
COMMISSIONER PAINTER MOVED to adjourn.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
COMMISSIONER ARNDT adjourned the meeting at 7:15 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
By: d5-1&
Scott Arndt,Chair
ATTEST
1?
By:
Sheila Smith,*§ecr ary
Community Development Department
APPROVED:July 15, 2015
6/17/2015 P&Z Minutes Page 7 of 7
Fire Protection Area No. 1 Board RM, June 24, 81M, June 29, S... Page 1 43 of 1 51
AGENDA ITEM #18.A.I.
RECEIVE
SOLID
REGULAR MEETING MINUTES M 0 N1
July 22,2015@ 5:1S PIVI Kodiak Fisheries C r BOROUGH CLERICS OFFICE
B
1®Call to r r
Chair Szabo called to order the Regular Meeting oft the Solid Waste Advisory Board at ®2 .
on July 22,2015 at the Kodiak Fisheries Research Center.
2. Roll Call
J.Clay conducted a roil call and a quorum as established. The following a ers present were Chair
Mick Szabo,Scott Arndt,Steven Neff and Jennifer Culbertson.
Also in attendance were. Bob Tucker®Kodiak Island Borough Engineering 0ire or®Dan Rohrer,Kodiak
island Borough Assembly,Bob Gray,USEG Representative,Mark Kozak,City of Kodiak,Joe Lipka,Kodiak
island Borough,Ken Reinke,Threshold,Re cc Skinner,Judi Kidder and Engineering and Facilities
Secretary Jenny Clay.
3. Reading f Mi si t t
To assist and vis Borough s ly in identifying solutio s to solid waste management
Y collecting and reporting varied viewpoints,sponsoring u lic outreach,and developing
specific projects with a focus on waste reduction,reuse and recycling.
ARNDT moved to approve the agenda.
VOICE VOTE ON MOTION CARRIED I SLY.
S.
ARNDT moved to approve the minutes of November 10,2014.
VOICE VOTE ON MOTION I I SLY
6.Visitor Comments
Judi Kidder recommended wi e Alaska Waste Contract coming up they obtain more bear
roof clumpsters.She fears someone e i it Increased bear encounters.
7.
Solid Waste Advisory Board Regular Meeting July 22,2015
Page I of
Fire tip . 1 Board RK June 24, SM, June 29, S... Page 144 of 1
AGENDA ITEM #18.A.I.
A. City of Kodiak-Mark Kozak a to Board on the Compost rje .Brechan was
awarded construction contract and Ch2M Hill was awarded a construction
management contract.Items completed included the Installed aterli ,electrical
grounding rods and cable,foundation forms a vin ark introduced pict re oft the
Foundation, Blo Filter which eliminates offensive orders and the urin g Bins which were
waiting for the ordered steel r both vertical wall and roof structures.Wood products
and cardboard are some Items that they screen In the process. Should erati al
by October 2015.Board discussion ensued.
S. USCG Representative—Bob Gray—Discussed recycling iv a from the landfill by the
United States Coastguard.
C. Threshold—Ken Reinke Recycles shipped off island were 711 tons in last year contract
and 781 tons this year's contract.This does not Include electronics and ase oil.Board
discussion ensued.
D. Solid Waste Handling i —ice Upka, If t r Spec.and
Bob Tucker, 1 i and cilia s Director—Joe Lipka with Bob uc r gave a
staff report which Included I se y approvals a ! Budget,New Fee
Schedule,New contract i Threshold Reccli and it Kodiak usin
Also iscuss were the laska Waste Annual Report,Jackson's Trailer Park
waste disposals,( )55-gallon drums of hazardous waste Illegally in Kodiak
island ro properties recently and the Lea ate Treatment la nt which was nearing
completion.Board discussions ensued.
They r vi a d Board with a copy of the three( year plan for the Landfill and Leac ate
Treatment Plant which was recently ass Borough se ! .New sac
attendant and diversion of recyclables are Included In report.
As the t s a Waste contract expires July 2017,a joint effort of Neil Horn,Joe Lipka and
Bob Tucker of the is Island Borough Ion i Kelsey Daniels of Alaska Waste
constructed r 1 of options for handling of Solid a Tucker as h
Board to narrow down the options and r s t to the Assembly asking for direction on
how to proceed.Need community tr ac is is missing factor in the ro sal.
Board iscusi n ensued.
E. Collection Center Committee(CCC)—Nick z —Postponed to a future agenda.
F. Election c rs—Chair Szabo opened up nominations for Chairman.
ARNDT moved to nominate Nick Szabo as Solid Waste Area Board Chairman.
VOICE VOTE TI CARRIED I SLY.
Solid Waste Advisory a Regular Meeting July 22,2015
Page 2 of 3
Fire cti . ... Page 145 of 151
G. Chair Szabo en ina ions for Vice Chairman.
NEFF moved nominate Scott Arndt as Solid Waste Area Board Vice Chairman.
VOICE VOTE ON MOTION CARRIED i SLY.
® Visitor s: Judi Kidder encouraged ve ne to sign up on the Kodiak Island
Borough face book a e to et meeting information.Everyone in SWAB was doing a great .
9.Board r .
f MAchedule.
Regular Meeting was scheduled for Tuesday, l ,2015.
11.Adjournment
ARNDT moved to adjourn meeting.
VOICE VOTE ON MOTION I I .
The meeting was adjourned t 7.00 PM.
SUBMITTED 01?AIK.
Date: 11adAo16--
Je ny Clay, Greta
KIB Engineering/Facilities Department
APPROVED BY;
Ze
Date:
Nlgoza'bo,ChaE5
Solid Waste Advisory oar
Solid Waste Advisary Board Advises Regular Meeting July 2 ,2
Page 3o3
Fire c i Area r , ... Page 146 of 151
AGENDA ITEM #18.A.I.
RECEIVED
SOLID WASTE ADVISORY BOARD
REGULAR MEETING MINUTES NJG 10 '2015
November 10,2014@ 5:15 IPM
Kodiak Fisheries Research Center BOROUGH CLEWS OFFICE
K ALAW
1.Call to Order
Chair Szabo called to order the Regular Meeting of the Solid Waste Advisory Board at 5:1S p.m.
an November 10,2014 at the Kodiak Fisheries Research Center.
2.
it Call
J.Clay conducted a rail call and a quorum was established. The following members present were Chair
Nick Szabo,Scott Arndt,Steven Neff and Rob Baer.
Also In attendance were: Kelcey Daniels,Alaska Waste Management,Bob Tucker,Kodiak island
Borough Engineering Director,Bob Gray,USCG Representative,Mark Kozak,CAty of Kodiak,Joe Lipka,
Kodiak island Borough Solid at Manager,Nell Hor ,Kodiak Isla nd Borough Code Enforcement
Officer,Ken Reinke,Threshold and Engineering and Facilities Secretary Jenny Clay.
3. Rlidin f Mission Statement
jLo
To assist and advise the Borough Assembly In identifying solutions to solid waste management
by collecting and reporting varied viewpoints,sponsoring public outreach,and developing
specific projects with a focus an waster in, sea recycling.
4. Approval of Agenda
ARNDT moved to approve the agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
S. Aggroval of Previous Minutes— rill,2014
ARNDT moved to approve the minutes of April 7,2014.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
6. Reports:
A. City of Kodiak-Mark Kozak updated the Board on compasting Bio-sollds Project which
was 65%complete and Included two buildings.The Class B Compost was being stock
piled and can be used In the Closure/Post Closure oft a Landfill for erosion control of
the slopes.
Solid Waste Advisory Board Regular Meeting November 10,2014
Page if 3
it Protection Area No, 1 Board RM, June 24, SK June 29, S... Page 1 47 of 1 51
AGENDA ITEM #18.A.l.
B. Alaska at to®Kelcey Daniels®Alaska waste would be working
Thanksgiving but net Christmas. ecently hired locally for a new river.
Solid vir n rata Specialist®J a Lipka—Reported to the board
at the new_fee schedule was approved by the assembly.In that fee schedule the
landfill fees for both commercial and residential increased.Closure/Post Closure costs
were totaling 4.46 .
D. Code Enforcement r® it Horn—Discussed illegal dumping and have deployed
game cameras on o e of the dumpster sites.This was a good deterrent Illegal
activity.The Assembly passed the issuance of citations for code violations for solid
waste Illegal dumping. He will continued to work with the community on solid waste
and ears.
E. USCG Representative®Bob Gray—Reported tote board the Gast Guards solid aste
trends which have decreased in several years.Coast Guard had planned to increase
public awareness of recycling.Talke of teaming up with the Borough in getting a
pulverizer for glass and tires.
F. Threshold—Ken Reinke had their anniversary party and because of that had eir best
Dctober ever with about 384 cars per week.°they have been burning vegetable oil in the
Smart Ash Burner for heating the tent.
G. Collection Center ) Nick Szabo presented a power point presentation
ant the plan for a collection center.Board and guests discussed the plan.
H. Future of SWAB—Nick Szabo reported that SWAB as up for reauthorization by the
Assembly.The board had four members and was in need ofthree more members.Board
and ue discussion ensued.Rob Baer mentioned that his term was ending in
December 2014 and ould not apply to stay on with SWAB Board.He discussed his
reasons for joining and eavin the board.The other Board members discussed projects
and reasons to sty an with SWAB.
7. sit r Comments:None
8.Board r Comments:
R. Baer—None
S.Neff—Had an idea r another Board member
S.Arndt None
N.Sao None
Solid Waste Advisory Board Regular Meeting November 10,
Page 2 of
Fire Protection ... Page 148 of 151
AGENDA ITEM #18.A.I.
9.Meeting Schedule:
A Work Session was scheduled for December 15,2014.
10.Adjournment
ARNDT moved to adjourn meeting.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
The meeting was adjourned at 7:06 PM.
SUBMITTED BY:
K Date:
Jens lay,Secret
ICI B Engineering/Facilities Department
APPROVED BY:
r
Date®
Ni;IeSzabo,Chair
Solid Waste Advisory Board
Solid Waste Advisory Board Regular Meeting November 10,2014
Page 3 of 3
Fire Protection Area No. I Board RM, June 24, SM, June 29, S... Page 1 49 of 1 51
AGENDA ITEM #18.A.1.
WOMENS BAY SERVICE AREA BOARD
REGULAR MEETING MINUTES ORIGINAL
Date: July 7,2015 W RECEIVED
Call to order.7:05 pm
Members Present:Dave Heuman,Dave Conrad,Greg Egle and john!sad re. t) ,5 �01 W]I
Members excused:Jessica Horn,George Lee and Bill Ecret
mmw Also present:Kevin Arndt CLEWS - ME
Minutes approved and signed:Regular meeting of 61.15
Chairman's Comments:
5 Work Orders outstanding: 1 closed out tonight,4 still open pending further work.
Unfinished Business:
Fire De ent
• Emergency Shelter
• Shell is up,roofing and siding next
• Rot repair done unless more is found as the old roofing is stripped off
prior to new shingles.
• Paving conflicts at Existing Firehall bays discussed,possible change to
rectify conflict with elevations at door aprons.
• Truck canopy interior storage pends installation.
• New Copier. in use,complete.
Road Service
• Fish Culvert Project complete,close out in progress
• BF Road dust mitigation completed
New Buslocss
Fire DenartFnent:
• none
Road Service
• 2 new work orders
0 16-1;crack seal paved roads as directed
0 16-2;spot grade gravel roads
Board Member comments:none
Next Regular Meeting Aug 4,2015 7:00 PM at the WBFD
Fire Protection Area No. 1 Board RM, June 24, SM, June 29, S... Page 150 of 151
AGENDA ITEM #I&A.1.
WOMENS BAY SERVICE AREA BOARD
REGULAR MEETING MINUTES
Meeting adjourned at 7:40 pm
I� f
7�a);
CHAIRPERSON WITNESS
Fire Protection Area No. 1 Board RM, June 24, SM, June 29, S... Page 151 of 151
Kodiak Island Borough
Assembly Regular Meeting Guidelines
August 20, 2015, 7:30 p.m., Borough Assembly Chambers
131 EASE ANNOUIN11CI:a': 131eawcve rernenti),eir tott.sirin r.Af i1ingeirs oin your cell phones; oir, put
theim on vibrate'.
1. INVOCATION
Major Michael Bates of the Salvation Army.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
KIBC 2.25.070.... the Chair shall cause the record to reflect the absence of the member,
the REASON for the absence, and whether the absence is excused by the Assembly.
Recommended motion: Move to excuse Mayor Jerrol Friend who is attending the
Alaska Municipal League Summer Meeting in Ketchikan and Assembly member
Frank Peterson who is absent due to personal leave.
VOICE VOTE ON MOTION.
4. APPROVAL OF AGENDA
Recommended motion: Move to approve the agenda.
VOICE VOTE ON MOTION.
S. APPROVAL OF MINUTES—None.
6. AWARDS AND PRESENTATIONS
A. Employee of the Ouarter Award— Manager Cassidy
• Sharon Blakeslee, Programmer/Analyst in the Information Technology
Department.
B. Longevity Award — Manager Cassidy
• Tom Slagle, Baler Operator I —Ten Years
C. Manager's Office Update to the Assembly—Manager Cassidy
7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.)
A. Agenda Items not scheduled for public hearing and general comments.
Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202.
I:Nease askspeal(eirs to.
1. Sign iri
2. state their inarne for the riecoird
3. llftrrin on the rnilcirophonle
4.
Kodiak Island Borough Assembly Guidelines
August 20, 2015 Page 1
8. COMMITTEE REPORTS
9. PUBLIC HEARING
A. Ordinance No. FY2016-02 Amending Title 2 Administration and Personnel by Adding
Chapter 2.160 Borough Lands Committee.
Recommended motion: Move to adopt Ordinance No. FY2016-02.
Staff Report— Manager Cassidy
Clerk's Note: Attached on no paper is the substituted version of Ordinance No.
FY2016-02.
Recommended motion: Move to amend Ordinance No. FY2016-02 by
substitution.
ROLL CALL VOTE ON MOTION TO AMEND.
Open public hearing.
Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202.
Please ask speakers to sign in and state their name for the record.
Comments are limited to three minutes per speaker.
Close public hearing.
Assembly discussion.
ROLL CALL VOTE ON MAIN MOTION AS AMENDED.
10. BOROUGH MANAGER'S REPORT
11. MESSAGES FROM THE BOROUGH MAYOR
12. UNFINISHED BUSINESS
1. Ordinance No. FY2015-11 Amending Various Sections in Title 3 Revenue and
Finance Chapter 3.40 Personal Property Tax.
The motion before the Assembly is to adopt Ordinance No. FY2015-11.
Staff Report—Manager Cassidy
Assembly discussion and amendments may be offered at this time.
ROLL CALL VOTE ON MOTION.
Kodiak Island Borough Assembly Guidelines
August 20, 2015 Page 2
13. NEW BUSINESS
A. Contracts
1. Contract No. FY2016-15 Leachate Treatment Plant Carbon Source Chemicals
Procurement.
Recommended motion: Move to authorize the Manager to execute Contract
No. FY2016-15 with Environmental Operating Solutions of Bourne, MA for
Micro-C 2000 in an amount of $5.25 per gallon and not to exceed $136,000,
per year for the term of the contract.
Staff Report—Manager Cassidy
Assembly discussion.
ROLL CALL VOTE ON MOTION.
2. Contract No. FY2016-16 Leachate Treatment Plant Chemicals Procurement.
Recommended motion: Move to authorize the Manager to execute Contract
No. FY2016-16 with Univar USA Inc. of Anchorage, Alaska for Leachate
Treatment Plant Chemicals in an amount of $9.55 per gallon for citric acid,
$5.25 per gallon for sodium hydroxide, and $5.80 per gallon for sodium
hypochlorite for the total amount not to exceed $147,000, per year for the
term of the contract.
Staff Report—Manager Cassidy
Assembly discussion.
ROLL CALL VOTE ON MOTION.
B. Resolutions
1. Resolution No. FY2016-04 Approving Fiscal Year 2016 Kodiak Island Borough
Non Profit Funding.
Recommended motion: Move to adopt Resolution No. FY2016-04.
Clerk's Note: Attached on = paper is the corrected version of Resolution
No. FY2016-04 based on discussion of the Assembly at the August 13 work
session.
Staff Report—Manager Cassidy
Assembly discussion and amendments may be offered at this time.
ROLL CALL VOTE ON MOTION.
Kodiak Island Borough Assembly Guidelines
August 20, 2015 Page 3
2. Resolution No. FY2016-05 Authorizing the Borough to Issue General Obligation
School Bonds in the Principal Amount not to Exceed $11,000,000 to Provide
Funds for School and Related Capital Improvements in the Borough and to Pay
Costs of Issuing the Bonds, Fixing Certain Details of Such Bonds, Authorizing
Their Sale, and Providing for Related Matters.
Recommended motion: Move to adopt Resolution No. FY2016-05.
Clerk's Note: Attached on M=paper is a substituted version of Resolution No.
FY2016-05.
Staff Report—Manager Cassidy
Recommended motion: Move to amend Resolution No. FY2016-05 by
substitution.
Assembly discussion.
ROLL CALL VOTE ON MOTION TO AMEND.
Assembly discussion.
ROLL CALL VOTE ON MAIN MOTION AS AMENDED.
3. Resolution No. FY2016-06 Authorizing the Borough to Issue General Obligation
School Bonds in the Principal Amount not to Exceed $10,230,000 to Provide
Funds to Finance the Renewal and Replacement Schedule Related to Borough-
Owned School Facilities, Projects Which are 70% Reimbursable by the State of
Alaska and to Pay Costs of Issuing the Bonds, Fixing Certain Details of Such
Bonds, Authorizing Their Sale, and Providing for Related Matters.
Recommended motion: Move to adopt Resolution No. FY2016-06.
Clerk's Note: Attached on yellow paper is a corrected version of Resolution No.
FY2016-06.
Staff Report—Manager Cassidy
Assembly discussion.
ROLL CALL VOTE ON MOTION.
Kodiak Island Borough Assembly Guidelines
August 20, 2015 Page 4
4. Resolution No. FY2016-07 Authorizing the Borough to Issue a General
Obligation School Refunding Bond in the Principal Amount not to Exceed
$5,970,000 to Refund Certain Principal Installments of an Outstanding General
Obligation School Bond of the Borough and to Pay Costs of Issuing the Bond,
Fixing Certain Details of Such Bond, Authorizing Its Sale, and Providing For
Related Matters.
Recommended motion: Move to adopt Resolution No. FY2016-07.
Staff Report—Manager Cassidy
Assembly discussion.
ROLL CALL VOTE ON MOTION.
5. Resolution No. FY2016-08 Amending the Fee Schedule to Waive Certain Permit
Fees Associated with Moving Mobile Homes From Jackson Mobile Home Park.
Recommended motion: Move to adopt Resolution No. FY2016-08.
Staff Report— Manager Cassidy
Assembly discussion.
ROLL CALL VOTE ON MOTION.
C. Ordinances for Introduction — None.
D. Other items
1. Confirmation of Mayoral Appointments of Assembly Representative{s} to the
Kodiak Workforce Regional Advisory Council, Kodiak Fisheries Work Group, and
Assembly Representative to the City of Port Lions.
Recommended motion: Move to confirm the following Mayoral
appointments of Assembly member Symmons to the Kodiak Workforce
Regional Advisory Council and as the Assembly Representative to the City
of Port Lions and Assembly member Skinner to the Kodiak Fisheries Work
Group.
Staff Report—Clerk Javier
Assembly discussion.
ROLL CALL VOTE ON MOTION.
Kodiak Island Borough Assembly Guidelines
August 20, 2015 Page 5
2. Hiring of a Resource Management Officer.
Recommended motion: Move to approve the hiring of the selected
applicant as the Resource Management Officer at Range 21.5, Step F of the
salary schedule.
Staff Report—Manager Cassidy
Assembly discussion.
ROLL CALL VOTE ON MOTION.
14. EXECUTIVE SESSION
A. Borough Clerk's Performance Evaluation.
Recommended motion: Move to convene into executive session to discuss the
Borough Clerk's performance evaluation, a subject that qualifies for executive
session as a matter that may tend to prejudice her reputation or character.
ROLL CALL VOTE ON MOTION.
Recommended motion: Move to invite the Borough Mayor, Assembly, and
Clerk into executive session.
ROLL CALL VOTE ON MOTION.
After the vote, Deputy Presiding Officer Rohrer recesses the regular meeting and
convenes the executive session.
Upon returning from the executive session, Deputy Presiding Officer Rohrer
reconvenes the regular meeting and announces no action is to be taken as a result
of the executive session
OR the Assembly may make a motion if necessary.
ROLL CALL VOTE ON ANY MOTION.
15. CITIZENS' COMMENTS (These are limited to three minutes per speaker.)
Read phone number: Local is 486-3231; Toll Free is 1-855-492-9202.
Please ask slll� eakers toe
'I. sell n Ilurii
2. state their is,airrroe for tlf-iiie reirord
3. tuirin on the befiore slpea'kiiriug
Kodiak Island Borough Assembly Guidelines
August 20, 2015 Page 6
16. ASSEMBLY MEMBERS' COMMENTS
Announcements-- Deputy Presiding Officer Rohrer
The Assembly will hold a special meeting on Thursday, August 27 at 7:30 p.m. in the
Borough Conference Room and will hold the regularly scheduled work session
immediately following.
The next regular meeting is scheduled on Thursday, September 3 at 7:30 p.m. in the
Borough Assembly Chambers.
17. ADJOURNMENT
Recommended motion: Move to adjourn the meeting.
ROLL CALL VOTE ON MOTION.
Kodiak Island Borough Assembly Guidelines
August 20, 2015 Page 7
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KODIAK ISLAND BOROUGH
Regular Meeting
Regular Meeting of:
Please 11l::::IRINT your name Please PRINT your name
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At its Regular Meeting of August 20, 2015, The Kodiak Island Borough Assembly Took the Following
Actions. The Next Regular Meeting of the Borough Assembly is Scheduled on Thursday, September 3,
2015, at 7:30 p.m. in the Borough Assembly Chambers.
PRESENTED the Employee of the Quarter Award for the Second Quarter of 2015 to Sharon Blakeslee,
Programmer/Analyst in the Information Technology Department.
PRESENTED a Ten-Year Longevity Award to Tom Slagle, Baler Operator I at the Borough Landfill.
RECEIVED an Update From Borough Manager Cassidy on the Manager's Office.
AMENDED, ADOPTED Ordinance No. FY2016-02 Amending Title 2 Administration and Personnel by
Adding Chapter 2.160 Borough Lands Committee.
ADOPTED Ordinance No. FY2015-11 Amending Various Sections in Title 3 Revenue and Finance
Chapter 3.40 Personal Property Tax.
AUTHORIZED the Manager to Execute Contract No. FY2016-15 With Environmental Operating
Solutions of Bourne, MA for Micro-C 2000 in an Amount Of $5.25 per Gallon and not to Exceed
$136,000, per Year for the Term of the Contract.
AUTHORIZED the Manager to Execute Contract No. FY2016-16 With Univar USA Inc. of Anchorage,
Alaska for Leachate Treatment Plant Chemicals in an Amount of $9.55 per Gallon for Citric Acid, $5.25
per Gallon for Sodium Hydroxide, and $5.80 per Gallon for Sodium Hypochlorite for the Total Amount not
to Exceed $147,000, per Year for the Term of the Contract.
AMENDED, ADOPTED Resolution No. FY2016-04 Approving Fiscal Year 2016 Kodiak Island Borough
Non Profit Funding.
AMENDED, ADOPTED Resolution No. FY2016-05 Authorizing the Borough to Issue General Obligation
School Bonds in the Principal Amount not to Exceed $11,000,000 to Provide Funds for School and
Related Capital Improvements in the Borough and to Pay Costs of Issuing the Bonds, Fixing Certain
Details of Such Bonds, Authorizing Their Sale, and Providing for Related Matters.
ADOPTED Resolution No. FY2016-06 Authorizing the Borough to Issue General Obligation School
Bonds in the Principal Amount not to Exceed $10,230,000 to Provide Funds to Finance the Renewal and
Replacement Schedule Related to Borough-Owned School Facilities, Projects Which are 70%
Reimbursable by the State of Alaska and to Pay Costs of Issuing the Bonds, Fixing Certain Details of
Such Bonds, Authorizing Their Sale, and Providing for Related Matters.
ADOPTED Resolution No. FY2016-07 Authorizing the Borough to Issue a General Obligation School
Refunding Bond in the Principal Amount not to Exceed $5,970,000 to Refund Certain Principal
Installments of an Outstanding General Obligation School Bond of the Borough and to Pay Costs of
Issuing the Bond, Fixing Certain Details of Such Bond, Authorizing Its Sale, and Providing For Related
Matters.
Vol. FY2016, No. 4 August 21, 2015
Kodiak Island Borough
Assembly Newsletter
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ADOPTED Resolution No. FY2016-08 Amending the Fee Schedule to Waive Certain Permit Fees
Associated with Moving Mobile Homes From Jackson Mobile Home Park.
CONFIRMED the Ma yoral appointments of Assembly Member Symmons to the Kodiak Workforce
Regional Advisory Council and as the Assembly Representative to the City of Port Lions and Assembly
Member Skinner to the Kodiak Fisheries Work Group.
APPROVED the Hiring of the Selected Applicant as the Resource Management Officer at Range 21.5,
Step F of the Salary Schedule.