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1998-03 Amending Title 3 Revenue/Finance - Manager Plan of GovernmentKODIAK ISLAND BOROUGH ORDINANCE NO. 98 -03 Introduced by: Requested by: Drafted by: Introduced: Public Hearing: Adopted: Assembly Borough Clerk Borough Clerk 04/07/98 04/16/98 04/16/98 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE OF ORDINANCES TITLE 3 REVENUE AND FINANCE TO PROVIDE FOR THE CHANGE TO A MANAGER PLAN OF GOVERNMENT WHEREAS, the Kodiak Island Borough will revert to a manager plan of government on October 19, 1998; and WHEREAS, the governing body shall enact provisions for the reorganization of the municipal executive and administrative functions; 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 Kodiak Island Borough Code of Ordinances. Section 2: Title 3 Revenue and Finance of the Kodiak Island Borough Code of Ordinances is amended as follows: 3.04.015 Authority. The treasurer, or designee, is authorized and responsible for the signing of all checks upon the borough checking accounts; and to sign, enforce, accept, make, execute, and deliver checks, notes, bonds, drafts, acceptances and /or bills of exchange for deposit, discount, rediscount, or any other lawful purpose; and to do all lawful acts requisite for affecting these premises. All checks on the bank accounts of the borough are to be countersigned by the [mayor]manager. If the [mayor]manager is not readily available, the [deput may or]administrative official or [anothcr asscmbly mcmbcr]mayor may countersign. The treasurer may use facsimile signatures if he deems it appropriate for checks in the amount of five thousand dollars ($5,000) or less. All checks drawn on the borough accounts for an amount over five thousand dollars ($5,000) will be manually signed by the treasurer, or designee, and counter- signed - : - : : : - . - - - -- . . -- - -- . - ] as indicated in this section. 3.04.065 Review of service fees. Not less than on the beginning of every calendar year, the director of finance shall prepare a list of all fees for services charged by the various departments of borough government. The list shall be submitted to the departments involved for comments Kodiak Island Borough, Alaska Ordinance No. 98 -03 Page 1 of 6 concerning the fees and a recommendation as to whether or not the fee or fees should be raised, lowered, or remain the same. The finance director shall submit a report of his fmdings, including the department comments and recommendations, to the [mayer]manager for presentation to the assembly. The assembly may, by resolution, raise or lower any fee on the submitted list. 3.08.030 Budget and capital program. A. On or before the thirtieth of April of each year, the [mayor]manager shall submit the budget and capital program to the assembly. The budget and budget message shall contain the proposed appropriation and tax levy ordinance. B. The school district shall submit to the [mayer]manager the proposed budget and local support requirements for the school by the thirty -first of March so the major funding can be incorporated into the borough budget and budget message. 3.08.040 Public hearing. At a time and place as advertised, the assembly shall hold a public hearing of the budget as submitted. After the public hearing, the assembly may adopt, with or without amendments, the annual budget as proposed by the [mayer]manager. 3.08.050 Adoption - -Vote required - -Veto. The budget shall be adopted by the favorable votes of at least a majority of all the authorized membership of the assembly not later than the tenth of June through the adoption of an ordinance setting forth the appropriation levels and the millage rate. The mayor may veto the ordinance but his veto may be overridden by two - thirds (2/3) of all the votes to which the assembly is entitled on the question. 3.08.070 Effective date -- Certification. Upon adoption of the budget through passage of the budget ordinance and tax levy, the budget shall be in effect for the budget year. A copy of the budget as finally adopted shall be certified by the [presiding officer, the] mayor and the clerk and filed in the office of the clerk. Sufficient copies of the budget shall be made available for use of all offices, departments and agencies and for interested persons. 3.12.010 Ordinance enactment -- Appropriation form. The assembly shall enact an appropriation and tax levy ordinance appropriating funds for the expenses and liabilities of the borough each year and levying a tax to defray all expenses and liabilities of the borough for the purposes as specified against all taxable property in the borough each year, which appropriation and tax levy ordinance shall be substantially in the following form: A. That the following sums of money, or as much thereof as may be authorized by law, as may be needed or deemed necessary to defray all expenses and liabilities of the borough, be and the same is hereby appropriated for corporate purposes and objects of said borough hereinafter specified for the fiscal year commencing on the [1 st] first day of July, [ 19 ](year) and ending on the [30th]thirtieth day of June, [ 19 ](year). 1. From the general corporate taxes and revenue: Kodiak Island Borough, Alaska (a) General Administration Department Ordinance No. 98 -03 Page 2 of 6 For salary of borough []manager $ 3.12.020 Tax levy form. "A tax for the above sums of money, or as much thereof as may be authorized by law, to defray all expenses and liabilities of the borough be and the same is hereby levied for the purposes as specified against all taxable property in the borough for the fiscal year commencing on the []first day of July, [19 ](year), and ending on the [30th]thirtieth day of June, [19 ]year." 3.16.010 Contract, purchase and sale and transfer procedure. The [mayor]rnanager may carry out any of the following: A. Contract for, purchase or issue purchase authorizations for all supplies, materials, equipment and services for the offices, departments, and agencies of the borough; B. Sell surplus, obsolete or unusable personal property for the offices, department and agencies of the borough; C. Transfer supplies, material and equipment to or between the offices, departments and agencies of the borough; or D. Contract for the construction, repair or improvements of borough facilities. 3.16.020 Limitation on [ yer's]manager's authority. The [mayer]manager may not make an acquisition, sale, transfer or contract authorized by section 3.16.010 of this chapter if the value of the property, service or contract exceeds five thousand dollars ($5,000) without first obtaining assembly approval. 3.16.030 Open market procedures. C. The [mayer]manager, or [his] authorized designee, may solicit either oral or written bids for open market purchases or sales, and shall maintain a record of all bids received. 3.16.100 Change orders-- [mayer]manager authority. The [mayer]manager, or [his] designee, is authorized, without assembly approval, to enter into change orders with respect to borough construction projects where the amount of additional expenditure occasioned by the change order or orders does not, in the aggregate, exceed ten thousand dollars ($10,000). The [mayer]manager, or his designee, shall report monthly to the assembly the nature and amount of such change orders. If the change order or orders exceeds ten thousand dollars ($10, 000), it will require the signature of one (1) of two (2) assembly members designated by the assembly. 3.16.110 Competitive sealed proposals -- negotiated procurement. A. If the [mayor]manager determines that use of competitive sealed bidding is not practicable, the borough may procure supplies, services or construction by competitive sealed proposals under this section. B. The [mayer]manager shall solicit competitive sealed proposals by issuing a request for proposals. The request for proposals shall state, or incorporate by reference, all specifications and contractual terms and conditions to which a proposal must respond and shall state the factors to be considered in evaluating proposals and the relative importance of those factors. Public notice of a request for proposals shall be given in accordance with section 3.16.040 of this Kodiak Island Borough, Alaska Ordinance No. 98 -03 Page 3 of 6 chapter. E. In the manner provided in the request for proposals, the [mayor] aanager may negotiate with those responsible proponents whose proposals are determined by the [mayer]inanager to be reasonably responsive to the request for proposals. Negotiations shall be used to clarify and assure full understanding of the requirements of the request for proposals. The [mayor]manager may permit proponents to revise their proposals after submission and prior to award to obtain best and final offers. Proponents deemed eligible for negotiations shall be treated equally regarding any opportunity to discuss and revise proposals. In conducting negotiations or requesting revisions, neither the [mayer]marager nor any other borough [affieer]directar or employee shall disclose any information derived from proposals of competing proponents. F. Awards shall be made by written notice to the responsible proponent whose final proposal is determined to be most advantageous to the borough. No criteria other than those set forth in the request for proposals may be used in proposal evaluation. If the [mayor]manager determines that it is in the best interest of the borough to do so, the borough may reject all proposals. 3.20.050 Board of equalization. A. Membership, Qualification, Duties, Terms. 2. Alternate members. The assembly shall appoint alternate members . The alternate members shall be named by the [pre ' ]assembly, as the need arises, to serve as board members during the absence or disability of regular members. 3.20.165 Enforcement by personal action. A. The [mayor]manager may, at any time prior to execution of deed to borough, remove property from the foreclosure list when the financial benefits of foreclosure are exceeded by the costs of foreclosure and the liabilities of the ownership of the property involved. The borough shall thereafter collect any real property taxes due, plus penalties, costs and interest, by a personal action against the landowner. 3.30.070 Revocation of certificate of exemption. A. A certificate of tax exemption may be revoked by the [mayerj]managet for any of the following acts or omissions: 1. falsification of any statement or information in the application for certificate of exemption; 2. utilization of the tax - exempt certificate for the purchase or acquisition of nonexempt rentals; 3. knowingly or negligently permitting or authorizing the use of the certificate by a person other than an authorized agent or employee of the person or entity to whom the certificate was issued. B. Prior to revocation of a certificate, the holder of the certificate shall be provided with notice of the alleged violation not less than ten (10) days prior to the proposed effective date for revocation of the exemption certificate. The person or entity to whom the certificate was issued may request a hearing before the [mayer]manager regarding the alleged violation by filing a written request with the [mayor]manager prior to the effective date for revocation. If requested, Kodiak Island Borough, Alaska Ordinance No. 98 -03 Page 4 of 6 the hearing shall be held within twenty (20) days after the date of receipt of the request, and the exemption certificate shall not be revoked prior to the date of hearing. C. A decision of the [mayor]manager revoking an exemption certificate may be appealed to the assembly by filing a written notice of appeal with the borough clerk within ten (10) days after receipt of the decision. The hearing on the appeal shall be scheduled before the assembly at a regular or special meeting held within thirty (30) days after receipt of the notice of appeal. The assembly may, in its discretion, hear the matter either on the record or de novo. If the appea 1 is heard de novo, no evidence may be presented before the assembly which was not presented before the [mayor]manager. 3.30.180 Determination of exemptions. D. If the finance director denies a refund of the tax, the taxpayer may appeal to the [mayor]manager by filing a written notice of appeal, within ten (10) days after the finance director's decision, setting forth all facts relating to the claimed exemption. The [mayor]manager shall provide an opportunity for a hearing within thirty (30) days after the receipt of the notice of appeal. 3.30.190 Failure to collect taxes. B. If any of the following defenses are established, the civil penalty imposed by this section shall be waived: 1. the securing, in good faith, of a certificate of exemption or a statement of eligibilit y for exemption from the person against whom the tax would have been levied; 2. proof of a belief, based upon advice of legal counsel or the borough finance director, that the rental was not subject to the tax levied by this chapter, accompanied by proof of notification in writing to the [mayor]manager based on such belief prior to or immediately following the transaction; or 3. a reasonable attempt, in good faith, to collect the tax from the buyer. 3.40.020 Qualification in lieu of bonding. E. The deposit made in lieu of a performance bond shall be retained for a period of one (1) year unless the assembly determines to release the deposit after a shorter time upon the recommendation of the [borough] engineering /facilities department director. The recommendation of the [borough] engineering/facilities department director shall be based upon consideration of the nature and complexity of the project. Section 3: Effective date. Section 2 shall become effective to be in full force and effect at midnight on October 18, 1998. Section 4: Chapter 3.28 Improvement District No. 1 of Title 3 of the Kodiak Borough Code of Ordinances is hereby repealed. [ Chapter 3.28 IMPROVEMENT DISTRICT NO. 1 Kodiak Island Borough, Alaska Ordinance No. 98-03 Page 5 of 6 • a a - . - . - known as: all that property lying on both sides of Mission Lake and extending north and cast addition to any real property taxes assessed, levied and collected in the said area, for school, said owners and their respective property. • 1 , I .• , , be governed by the assembly. The assembly shall develop, adopt, alter or revise a schedule or special services in said district.] Section 5: Section 4 of this ordinance shall become effective upon adoption of this ordinance. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SIXTEENTH DAY OF APRIL, 1998 `D onna F. Smith, CMC/AAE, / AE, Borough Clerk Kodiak Island Borough, Alaska KODIAK ISLAND BOROUGH ATTEST: Gary . Stev Presiding - fficer Ordinance No. 98 -03 Page 6 of 6