HomeMy WebLinkAboutNon-CodeOrd2009-004Sponsored by: Oates
Introduction: July 13, 2009
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Public Hearing: July 27, 2009
Enactment: July 27, 2009
CITY OF SEWARD, ALASKA
NON-CODE ORDINANCE 2009-004
A NON-CODE ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, APPROPRIATING FUNDS IN AN AMOUNT NOT TO
EXCEED $500 TO MAKE EXPENDITURES WHICH COULD INFLUENCE
THE OUTCOME OF AN ELECTION CONCERNING 2009 ADVISORY
BALLOT PROPOSITION #1 WHICH ADDRESSES THE ADDITION OF
FLUORIDE TO THE CITY OF SEWARD DRINKING WATER TO THE
LEVEL OF 0.7-1.2 PARTS PER MILLION AS RECOMMENDED BY THE
U.S. PUBLIC HEALTH SERVICE
WHEREAS, the Seward City Council passed Resolution 2009-043 on May 26, 2009 to
submit Advisory Proposition #1 to the qualified voters at the October 6, 2009 regular municipal
election advising whether to fluoridate the city's drinking water; and
WHEREAS, there are pros and cons to adding fluoride to community water supplies and
there is passion among both the proponents and opponents of fluoridation; and
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WHEREAS, in an attempt to remain neutral in this debate and let the voters decide, it may
be necessary for the city to put out a pro and con statement to educate voters on both sides of this
issue; and
WHEREAS, some money may be used to put out a neutral statement; and
WHEREAS, the city council has determined it is in the public interest this issue be
submitted to the qualified voters of the city; and
WHEREAS, 2 AAC 50.356 and 2 AAC 50.360 allow for municipalities to seek budgeted
municipal funds to influence the outcome of an election and require registering and reporting under
AS 15.13.040 and AS 15.13.050; and
WHEREAS, in order to educate the public in accordance with the provisions of 2AAC
50.360(b), the City Council must appropriate funds since the education process may influence the
outcome of an election; and
WHEREAS, under AS15.13.145, a municipality may not use money to influence the
outcome of an election concerning a ballot proposition unless the funds have been specifically
appropriated for that purpose by the elected body.
CITY OF SEWARD, ALASKA
NON-CODE ORDINANCE 2009-004
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1. The City Council hereby appropriates and authorizes expenditures in an amount
not to exceed $500 from the city manager's training and education account number 101-1120-5160
for the purposes of educating the public, if needed, about the pros and cons of adding fluoride to the
city's water supply that may have the potential to influence the outcome of the election.
Section 2. The City Council further directs and authorizes the city manager and other City
officers, officials, and employees, as may be appropriate, to register and to complete and file all
necessary reports, forms, and notices relating to election-related expenditures as required by law.
Section 3. This ordinance shall take effect ten (10) days following enactment.
ENACTED by the City Council of the City of Seward, Alaska, this 27th day of July, 2009.
THE CITY OF SEWARD, ALASKA
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Willard Dunham, Vice Mayor
AYES: Valdatta, Kellar, Smith, Dunham
NOES: None
ABSENT: Bardarson, Keil, Corbridge
ABSTAIN: None
ATTEST:
Jean Lewis
City Clerk
(City Seal
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Council Agenda Statement
Meeting Date: July 13, 2009
To: Mayor Corbridge, City Council Members
From: Jean Lewis, City Clerk
Agenda Item: Expending public funds that could influence the outcome
of an election -Fluoride Advisory Proposition # 1
BACKGROUND & JUSTIFICATION:
Advisory Proposition # 1 will submit to the qualified voters the question of whether to add fluoride to
the City of Seward drinking water to the level of 0.7-1.2 parts per million as recommended by the
U.S. Public Health Service.
AS 15.13.145 states that money held by a municipality maybe used to influence the outcome of an
election concerning a ballot proposition or question, but only if those funds have been specifically
appropriated for that purpose by state law or municipal ordinance.
On the issue of fluoride, the city wishes to remain neutral in its position. In the event the city
believes it should disseminate neutral bipartisan information on this subject to the public, this
ordinance provides flexibility and allows for the funds to be expended, if needed, to educate the
public, which could influence the outcome of the election on this matter.
The City is allowed to prepare and distribute neutral materials to educate the public on the
proposition before them.
The city would have to follow state reporting requirements in 2AAC 50.360 and AS 15.13.140-155
if bipartisan materials and public funds are used.
If the city were to use these funds to disseminate bipartisan materials, we would have to follow state
reporting requirements in 2AAC 50.360 and AS 15.13.140-155.
INTENT:
The city council wishes to remain neutral on this subject and let the public decide this issue.
If the city council decided it needed to expend funds for anon-partisan ballot summary related to this
Advisory Proposition # 1, this non-code ordinance provides the flexibility to allow the city council to
do so.
CONSISTENCY CHECKLIST: Where applicable, this resolution/ordinance is consistent with the
Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council
Rules of Procedures.
Other:
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FISCAL NOTE:
If the council decides it needs to disseminate non-partisan information to educate the public, these
funds would come out of the City Manager training and education fund account # 101-1120-5160.
Approved by Finance Department:
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RECOMMENDATION:
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City Council introduce and enact Non-Code Ordinance 2009-004 appropriating funds for the purpose
of possible expenditures to educate the public which could influence the outcome of an election
concerning advisory ballot proposition #1, which addresses the addition of fluoride to the City of
Seward Drinking water to the level of 0.7-1.2 parts per million as recommended by the U.S. Public
Health Service.
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