3.25.030 Maximum allowable property tax revenues.
A. Except as provided in this section, the total amount of real and personal property taxes that can be levied or imposed on an areawide basis (excluding amounts levied for debt service) during a fiscal year shall not exceed the total amount approved by the borough assembly for the preceding year by more than a percentage determined by adding the percentage increase in the Consumer Price Index for Kodiak (or the Federal Consumer Price Index for Anchorage if there is none available for Kodiak) from the preceding fiscal year.
B. The limitations set forth in subsection A of this section do not apply to the following:
1. Tax on new construction or property improvements which occur during the current fiscal year;
2. Taxes required to fund services authorized by voter-approved ballot issues;
3. Funding of new judgments entered against the Kodiak Island Borough;
4. Special appropriations necessary on an emergency basis to fund unavoidable expenses ensuring the public peace, health or safety;
5. Excise taxes, service area property taxes, non-areawide property taxes, and severance taxes.
C. The borough assembly shall use the formula and definitions for computation of the total amount of borough property tax that can be levied or imposed by applying the provisions in this section and shall, by May 31st of each fiscal year, publish its calculations showing these computations.
D. The maximum tax revenue allowed under this section is computed for the next fiscal year as follows:
Formula. The formula for the computation of maximum allowable tax revenue is:
A + B + C = D
where:
“A” equals the amount of property tax revenue derived from actual taxes levied on taxable real and personal property on an areawide basis in the current fiscal year excluding taxes levied for debt service;
“B” is product of the percentage change in the Consumer Price Index for All Urban Consumers (CPI-U) for Kodiak, Alaska (or for Anchorage, Alaska, if not available for Kodiak) during the prior fiscal year (CPI) and the net taxes levied (A) in the current fiscal year;
“C” equals the sum of all the following:
C.1. The taxes on new construction or property improvements equal the projected tax revenue from the value of that new construction or property improvements, computed by multiplying the areawide property tax rate applied to properties during the current fiscal year by the assessed value of the new construction and property improvements;
C.2. Areawide property taxes to provide voter-approved services;
C.3. Areawide property taxes for new judgments;
C.4. Special appropriations necessary on an emergency basis;
“D” equals the maximum allowable tax revenue for the next fiscal year.
E. The point in time to use for the proper calculation of allowable property tax mill rates shall be the next tax rolls as certified by the borough assessor on July 1st of each year. This specific point in time shall be utilized for both the figures in the prior year and the current year.
F. As used in this section, the following definitions apply:
“Current fiscal year” is the fiscal year during which the next fiscal year budget is prepared.
“Emergency” is the imminent threat of or the occurrence of widespread damage, injury, or loss of life resulting from any natural or manmade cause, including, but not limited to, fire, explosion, flood, earthquake, landslide, mudslide, volcanic activity, avalanche, weather conditions, epidemic, blight, infestation, riot, loss of public utilities, shortage of food, water, fuel or clothing, or the accidental release or discharge of toxic substances or hazardous substances.
“Emergency” does not include appropriations for the normal operations of the borough.
“Fiscal year” means the fiscal year (July 1st through June 30th) for the Kodiak Island Borough.
“New construction or property improvements” means any improvement which generates a taxable value not on the tax roll for the current assessment year, including but not limited to:
a. Construction which increases the value of the property;
b. Any change in the status of land.
“New judgment” means the judgment reserved sufficient to cover the total cost of all judgments and arbitration awards during the next fiscal year, including:
a. Principal, interests, fees and costs;
b. Additional services which may be required by a court order.
“Next fiscal year” is the fiscal year following the current fiscal year and for which the new budget is being prepared.
“Prior fiscal year” is the fiscal year immediately preceding the current fiscal year.
“Voter-approved services” includes but is not limited to:
a. An areawide service specifically authorized by the voters in any ballot issue;
b. Programs directly related to voter-approved capital projects which are in addition to services in the current fiscal year budget;
c. Taxes required to provide a “voter-approved service” are the estimated first full-year costs of voter-approved services less revenue other than taxes projected to be generated from the voter-approved services, for the number of months in the next fiscal year for which the voter-approved service will be provided.
Prior legislation: Initiative petition Ord. 97-1-I §§2, 3, 4, 1998, passed by voters 10/07/97.
[Ord. FY2022-10 §2, 2022; Ord. FY2021-28 §2, 2021; Ord. FY2018-01-I ].