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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />44 <br />45 <br />46 <br />Introduced by: Borough Manager <br />Drafted by: Finance Director <br />Introduced on: 03/07/2019 <br />Public Hearing Date: 03/21/2019 <br />Adopted on: 03/21/2019 <br />KODIAK ISLAND BOROUGH <br />ORDINANCE NO. FY2019-18 <br />AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH ESTABLISHING <br />A COMMERCIAL PASSENGER VESSEL EXCISE TAX FUND <br />WHEREAS, the Kodiak Island Borough receives funds from the State of Alaska which are <br />generated by the State of Alaska Commercial Passenger Vessel Excise Tax imposed under AS <br />43.52.200-295; and <br />WHEREAS, AS 43.52.230(b) limits the uses for which Commercial Passenger Vessel Excise <br />Tax funds may be used; and <br />WHEREAS, in addition to State statutory limitations, the Tonnage Clause of the US <br />Constitution, and the Rivers and Harbors Act, 33 USC 5, restrict use of these funds; and <br />WHEREAS, it is more difficult to verify that the funds are used only for permitted purposes if the <br />Commercial Passenger Vessel Excise Tax funds are comingled with other Borough funds which <br />are not subject to the same restrictions, and further, comingling of other funds could have the <br />effect of restricting the permissible uses of those other funds unnecessarily; and <br />WHEREAS, the Kodiak Island Borough Code Section 3.10.110 provides that funds as required <br />will be established; and <br />WHEREAS, the Kodiak Island Borough Assembly finds that it is in the Borough's best interests <br />to create a separate special revenue fund for Commercial Passenger Vessel Excise Tax proceeds <br />received from the State of Alaska. <br />NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND <br />BOROUGH THAT: <br />Section 1: This ordinance is NOT of permanent nature and shall NOT become a part of the <br />Kodiak Island Borough Code of Ordinances. <br />Section 2: A Special Revenue Fund entitled "Commercial Passenger Vessel Excise Tax <br />Fund" will be established by the Kodiak Island Borough and will become a part of the Borough <br />budget and general ledger. <br />Effective Date: This ordinance takes effect upon adoption. <br />Kodiak Island Borough, Alaska <br />Ordinance No. FY2019-18 <br />Page 1 of 2 <br />