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FY2020-15 Amending Title 3 Revenue And Finance Postponed Indefinitely1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Introduced by: Finance Director Drafted by: Finance Director Introduced on: 12/05/2019 Postponed to: 02/06/2020 Amended: 02/06/2020 Postponed to: 03/19/2020 Postponed Indefinitely: 03/19/2020 KODIAKISLAND BOROUGH ORDINANCE NO. FY2020-15 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BORQU4#1AAMENDING TITLE 3 REVENUE AND FINANCE CHAPTER 3.10.030 PERMISSIBLI? IWMENTS AND CHAPTER 3.10.120 FACILITIES FUND WHEREAS, The Kodiak Island Borough Assembly finds that t e lith Fund is an areawide borough reserved fund which contains sufficient funds to facilitgl!%Joalrs or grants when needed to allow the Borough to respond to unexpected fiscal chpllera5 pr udgetary demands; and WHEREAS, The Kodiak Island Borough Assembly fin th it is in the public interest to permit investment of funds from the Facilities Fund by in aring multi-year loan to Borough areawide, non-areawide or service area fun p d that such loans comply with limitations on long term borrowing by Borough funds; and WHEREAS, The Kodiak Island Boroug A mbly finds that it is in the public interest to permit the grant of funds from the Facili ' d to other Borough areawide funds for areawide purposes; and WHEREAS, The Kodiak I i rough Assembly finds that it is in the public interest to permit the loan of funds from th Fa ilities Fund to other Borough areawide funds for areawide, non- areawide or servic purposes under terms where repayment is subject to annual appropriations; a WHEREAS Tdiak Island Borough Assembly finds that it is in the public interest to prescribe rules for I an ���r grants from the Facilities Fund to other Borough funds; and W EAS, The Kodiak Island Borough Assembly finds that loans or grants from the Facilities Fund ould be memorialized by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the 44 1 Kodiak Island Borough Code of Ordinances. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-15 Page 1 of 4 Version 1 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 70 71 72 73 74 75 76 77 78 Section 2: That section 3.10.030 Permissible Investments of the Kodiak Island Borough Code of Ordinances is amended to read as follows: 3.10.030 Permissible investments. The finance director shall invest money only in the following types of security instruments: A. Bonds, notes, or other obligations, direct or otherwise, of the United States Government; B. Bonds and other evidence of indebtedness of the State of Alaska, or any municipality, or political subdivision of the State of Alaska; C. Savings accounts, certificates of deposit, banker's acceptances, repurchase agreements, and such other legal security instruments; er D. The Alaska Municipal League Investment Pool, Inc., made in accordance with the terms of that pool's "Common Investment Agreement; or E. Loans to borouah areawide, nonareawide or service area funds. provided that such loans must be approved by ordinance setting out the term, interest rate and repayment schedule for such loans. The interest rate shall be not less than the most recent annual investment return rate for invested Borough funds. When such loans are not payable within one vear, the ordinance must be ratified by the voters as reauired by law at a regular or special election Section 3: That section 3.10AZ20 cilities Fund of the Kodiak Island Borough Code of Ordinances is amended to refollows: 3.10.120 Facilities fund. A. The facilities fund is established as a separate special revenue fund which is distinct from all other funds. The fund consists of all proceeds received from the sale of Shuyak Island property to the Exxon Valdez Oil Spill Trustee Council. All income from the fund shall be deposited to the fund. The assembly may, by ordinance, make additional appropriations to the fund at any time. Any additional funds added to the fund, aside of Shuyak Island proceeds, shall become part of the fund as a whole and subject to the regulations of the facilities fund. B. The fund may be invested only as provided in KIBC 3.10.030. The fund may not be appropriated or spent, except as provided in this section. The earnings or principal shall at no time run or supplement the running of government except as specified in this section. C. Repealed by Ord. FY2008-08. Kodiak Island Borough, Alaska Deletion — Red, Strikeout Insertion — Bold, Blue, Underlined Ordinance No. FY2020-15 Page 2 of 4 Version 1 79 80 81 82 83 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 D. The excess income of the fund is defined as 85 percent of the annual investment income from the fund. The excess income of the fund is available for appropriation by the assembly in the fiscal year following the year in which the income is earned. The excess income of the fund may be appropriated only for the following purposes: 1. Maintenance and repair of existing borough facilities; 2. Insurance paid by the borough for borough buildings; 3. Upgrade and reconstruction of existing facilities; or 4. Debt service on general obligation bonds issued for facilities construction — up to 50 100 percent of excess may be used for this purpose. E. The Assembly may, by ordinance, appropriate the excess income, and such portion of the fund principal as the Assembly may determine, for grants to other areawide Borough funds or A portion ofthe land may be appropriated for another areawide Borough purpose.-only-upenapprevaI efan-erdiflaRee ra .::ed by wo thirds -majority -4 Unless specifically waived by the appropriations ordinance, grants from the Facilities Fund may only be made by an ordinance approved by the qualified voters at a regular or special election. F. The Assembly may, by ordinance, appropriate the excess income, and such portion of the fund principal as the Assembly may determine, for a loan to a Borough areawide, non-areawide or service area fund which is not repayable within one year and for which the repayment is subject to annual appropriation. Any such ordinance shall set out the term, interest rate and repayment schedule for the loan. Unless specifically waived by the appropriations ordinance, an ordinance authorizing a loan under this section may only be made by an ordinance approved by the qualified voters at a regular or special election. Effective Date: This ord an 'tis effect upon adoption. (Note: KIBC 2.30.070 states an ordinance takes or at a later date specified in the ordinance.) ADOPTED BlaWASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS -V DAY OF , 2019. KOD ISLAND BOROUGH ATTEST: William Roberts, Mayor 114 1 VOTES: Kodiak Island Borough, Alaska Deletion - Red, Strikeout Insertion - Bold, Blue, Underlined Tara Welinsky, Clerk Ordinance No. FY2020-15 Page 3 of 4 Version 1 115 Ayes: 116 Noes: 8 Z� O�� O 4l� Kodiak Island Borough, Alaska Ordinance No. FY2020-15 Deletion — Red, Strikeout Page 4 of 4 Insertion — Bold, Blue, Underlined Version 1