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1996-14 Amending Title Adding Education FundKODIAK ISLAND BOROUGH ORDINANCE NO. 96 -14 Introduced by: Mayor Selby Requested by: Assembly Drafted by: Mayor Selby Introduced: 10/03/96 Amended: 10/17/96 Public Hearing: 10/17/96 Adopted: 10/17/96 AN ORDINANCE ESTABLISHING AN EDUCATION FUND BY AMENDING TITLE 3 REVENUE AND FINANCE OF THE KODIAK ISLAND BOROUGH CODE OF ORDINANCES BY ADDING SECTION 3.04.052 EDUCATION FUND WHEREAS, there will be proceeds from the Exxon Valdez oil spill litigation punitive damages; and WHEREAS, the establishment of a permanent fund for all education programs in the Kodiak Island Borough would provide revenue for future education programs operating expenses; and WHEREAS, education is the best solution to prevent future oil spills and the great destruction of resources and community infrastructure that results from such disasters; and WHEREAS, assuring quality education for Kodiak Island is the best restoration possible to result from the Exxon Valdez disaster; and WHEREAS, an education fund would be a major factor in controlling and establishing the property tax rates in the Kodiak Island Borough for many years; 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 be a part of the Kodiak Island Borough Code of Ordinances. Section 2: Title 3, Chapter 3.04 is amended by adding Section 3.04.052 as follows: Section 3.04.052 Education fund. A. The education fund is established as a separate investment fund which is distinct from all other funds. The fund consists of the net proceeds received from the Kodiak Island Borough, Alaska Ordinance No. 96 -14 Page 1 of 2 Exxon Valdez oil spill litigation punitive damages after all expenses of litigation and oil spill clean -up. All income from the fund shall be deposited to the fund. The assembly will make an appropriation of up to five hundred thousand dollars ($500,000) in fiscal year 1997 and may make additional appropriations to the fund at any time by ordinance. B. The fund may be invested only as provided in section 3.04.020 of this chapter. The fund may not be appropriated or spent, except as provided in subsections C and D of this section. C. The excess income of the fund is defined as eighty -five percent (85%) 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. an endowed chair for the director position at the University of Alaska Fisheries Industrial Technology Center on Near Island; 2. an annual contribution toward the operating cost of the Kodiak College; 3. an annual contribution toward the operating cost of schools K - 12 in the Kodiak Island Borough. D. A portion of the fund may be appropriated for another purpose only upon approval of an ordinance ratified by a two - thirds (2/3) majority of the qualified voters at a regular or special election. and ATTEST: ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SEVENTEENTH DAY OF OCTOBER, 1996 KODIAK ISLAND BOROUGH ( /7)1111 gat) o nna F. Smith, CMC /AAE, Borough Clerk Kodiak Island Borough, Alaska Jerre M. Selby, Borough lb 17 Gar " L. Ste - s, Presiding Officer Ordinance No. 96 -14 Page 2 of 2