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01_AIntroduced by Manager Gifford Requested by School Board/Assembly Drafted by Finance Director/Bond Counsel Introduced on 07116/2009 Public Hearing 08/06/2009 Amended 08/06/2009 Adopted 08106/2009 KODIAKISLAND BOROUGH 10 ORDINANCE NO FY2OIO-03 11 12 AN ORDINANCEOF THE KODIAK ISLAND BOROUGH ASSEMBLY 13 AUTHORIZINGTHE BOROUGH TO ISSUE GENERALOBUGATION BONDS 14 IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $76310000 15 TO FINANCE THE PLANNING DESIGN AND CONSTRUCTION OF SCHOOL 16 AND RELATED CAPiTAL IMPROVEMENTS IN THE BOROUGH INCLUDINGWiTHOUT 17 LIMITATION THE RECONSTRUCTION AND RENOVATiON OF THE KODIAK HIGH 18 SCHOOL ANDTO SUBMT THE QUESTION OFTHE ISSUANCE OF SUCHBONDSTO 19 THE QUALIFiED VOTERSOF THE BOROUGH ATTHE OCTOBER 2009 REGULAR 20 BOROUGH ELECTION 21 22 WHEREAS under the provisions of AS 29.47.190 municipality may incur general obligation 23 debt only after bond authorization ordinance is approvedby majority of those voting on the 24 question at regular or special election and 25 26 WHEREAS educational requirements have changed sinceKodiak High School was originally 27 constructed in 1966 as regional education center and 28 zg WHEREAS Kodiak High Schools design shortfalls were recognized and multiple remodeling 30 projects have been completed to bring the facility into code compliance and 31 32 WHEREAS the lastaddition of vocational or academic space to Kodiak High Schooloccurred 33 in 1972 and 34 35 WHEREAS In the late 980s enrollment at Kodiak High School grew beyond 500 students 36 and four-phase reconstruction project began and 37 38 WHEREAS the fourth phase of the above project Which would have addressed needed 39 additional academic instructional space was never started and 40 41 WHEREAS enrollment at Kodiak High Schoolhas soared from 550 students to as high as 42 650 overthe past twenty years and is forecasted to remain at approximately 800 students into 43 the foreseeable future and 44 45 WHEREAS enrollment projections demonstrate continued enrollment of 200 or more 46 students above the capacity of the existing Kodiak High School educational facility and 47 48 WHEREAS providing the space that currently is needed for Kodiak High School instruction 49 requires the use of community schools facilities auditorium space and rented space as well as 50 overcrowding of the existing high school facilities and Kodiak island Borough Ordinance No FY2O1O-03 Page of 51 52 WHEREAS the instructional space available for Kodiak High Schooldoesnot support he 53 instructional programs whichare needed to prepare our high schoolstudents for success inJl 54 world marketplace and 55 56 WHEREAS the current state debt service reimbursement plan provides that the Stateof 57 Alaska will reimburse the Borough for not less than sixty percent 60%of debt service on the 58 eligible portion of bonds authorized by the qualified voters of the Borough on orafter October 59 2006 butbefore November 30 2010 to pay costsof school construction additionsto schools 50 and major rehabilitation projects and 61 62 WHEREAS the Board of Education and Borough Assembly have commissioned an architect 63 to fully evaluate reconstruction options that support the kind of programs necessary for Kodiak 64 High School to fully meet the educational expectations defined by our community and 65 66 WHEREAS the conceptualprocess has undergone two years of refinement and 67 68 WHEREAS theeducational facilities and spacesurvey identified thatsubstantial remodel 69 andnew expansion of Kodiak High School Will meet instructional space needs in grades K-12 70 throughout our community and 71 72 WHEREAS theKodiak Island borough School Districts educationalmission is severely 73 compromised by facility limitations at Kodiak High School and 74 75 WHEREAS the Board of Education believes the District would be best served by all District 76 wide services beingcongregated in renovated space in the existing Kodiak High School 77 building and 78 79 WHEREAS public feedback since the first bond election in 2008 has yielded more cost 80 effective design for therenovation and expansion of Kodiak High School and 81 82 WHEREAS funding for further architectural design work and cost estimation for the 83 renovationand expansion of Kodiak High School depends on voter approval of bond 84 ordinance for the project arid 85 86 WHEREAS the School District has identified grants and industry-based taxincentive 87 programs which could fund millionsofdollars towals the Boroughsdebt service for 88 constructionof Kodiak High School but for which an application can be submitted only after 89 bond ordinance is approved and go 91 WHEREAS the Borough and School District will continue to seek arid apply for additional 92 grants and reimbursement options to reduce the debt service cost of the renovation and 93 expansion of Kodiak High School and 94-WHEREAS $4490000 in proceeds of Borough schoolbonds previously issued for school 96 repair and replacements projects is available for the renovation of KodIak High School and 97 98 WHEREAS the Borough viewstheschooland related capital improvements authorized 99 herein as necessary and beneficial to the community 100 Kodiak Island Borough Ordinance No FY2O1O-03 Page of 101 NOW THEREFORE BE IT ORDAINED BY THE ASSEMBLYOF THE KODIAK iSLAND 102 BOROUGH ThAT 103 104 Section This ordinance is not of general or permanent nature and shall not become 105 part of the Kodiak Island Borough Code of Ordinances 106 107 Section It Is hereby determined to be for public purpose and In the publlc interest ofthe 103 Borough to incur general obligation bonded indebtedness in anamount notto 109 exceed Seventy Six Million Three Hundred andTenThousand Dollars 110-$76310000 for the purpose of paying thecost of planning design lii construction furnishing and equipping of school and related capital 112 improvements in the Borough including without limitation additions to Kodiak 113 High School renovation of Kodiak High School for instructional andSchool 114 District administrative space and demolition ofthe Business 115 DepartmentlLeaming Center 116 117 Section The Borough is authorized to borrowthe sum of Seventy Six Million Three 118 HundredandTenThousand Dollars $76310000 to finance the capital 119 improvements described in Section and the borrowing shall beevidenced by 120 the issuance of general obligation bonds of the Borough provided that bonds 121 may not be issued for any project unlessthe project is eligible for debt service 122 reimbursement by theState of Alaska The full faith and credit of the Borough 123 are pledged for payment of the principal of and interest on the bonds and ad 124 valoremtaxes upon all taxable property in the Borough shall be levied without 125 limitation as torate or amount to pay the principal of and interest on the bonds 126 when due .127 izs Section The Borough shall submit the following proposition to the qualified voters of the 129 Borough at the October 2009 regular Borough election The proposition must 130 receive an affirmative vote from majority of the qualified voters voting on the 131 question to be approved 132 133 PR0P0SmON NO 134 GENERAL OBLIGATION BONDS $76310000 KODIAK HIGH SCHOOL 135 136 Shall theKodiak island Borough incur debt and issue general 137 obligation bonds in an amount not to exceed Seventy Six Million 138 Three Hundred and TenThousand Dollars $76310000 for the 139 purpose of paying the cost of planning design construction 140 furnishing and equipping of school and related capital 141 improvements in the Borough including without limitation the 142 projects described below 143 Kodiak Island Borough Ordinance No FY201003 Page of Project Estimated Cost Mditions to Kodiak High School 44210000 Renovate existing Kodiak High School 35210000 Renovate part of Kodiak High School for School District Administralon 1100000 Demolish Existing Business Department and Learning Center 220000 Total 80800000 Less available Funds in other projects KHS Exterior insulation andWindow Replacement 590000 KHS Voc Ed Renor.ation Pod Reclamation 3900000 Total deductions 4490000 Total amount of bond issue 76310000 144 145 The projects are expected to qualify for not less than 60%State 146 debt service reimbursement funding for which is subject to annual 147 appropriation The projects will be phased to limit disruption tothe 148 education of students andbonds will be sold only as needed to 149 pay project costs If theState fully fundsthe debt service 150 reimbursement program the average annualdebtservice payable isi by the Borough after Slatereimbursement estimated to be 152 $240842 $2409.317 This amount of debtservice may require 153 an additional annual.property tax levy of $577L $66Q per $250000 154 of assessed value or its equivalent This example of property 155 tax levy is provided for illustrative purposes only 156 157 If additional funding becomes available for the projects from 158 grants orother sources only enough bonds to finish the projects 159 will be sold 160 163 Thebonds shall be secured bypledge of the lull faith and credit 162 of the BoroughOrdinance No FY 2010-03 163 164 Section The proposition shall be printed on ballot which may setforthother general 165 obligation bond propositions and the following words shall beadded as 166 appropriate next to an oval provided for marking the ballotfor voting by hand or 167 machine 168 PROPOSITION NO YES NO 169 170 Kodiak Island Borough Ordinance No FY201003 Page of 171 Section Secbonsand of this ordinance shaH become effective only if the proposition 172 described in Section is approved by majority of the qualified voters voting on 173 the proposition at theOctober 2009 regular Borough election The remaining 174 sections ofthis ordinance shall become effective upon adoption by theKodiak 175 Island Borough Assembly 176 177 ADOPTED BY THE ASSEMBLYOF THE KODIAKiSLAND BOROUGH 178 THISSIXTH DAY OF AUGUST 2009 179 180 181 KODIAK ISLAND BOROUGH 182 .183 186 orne Selby Borough Ma 187 A1TEST 192 Nova Javier MMC Borough Cletk Kodiak.Island Borough Ordinance No FY2O1O03 Page of