HomeMy WebLinkAboutNon CodeOrd2009-006Sponsored by: Oates
Introduction: July 13, 2009
Public Hearing: July 27, 2009
Enactment: July 27, 2009
CITY OF SEWARD, ALASKA
NON-CODE ORDINANCE 2009-006
A NON-CODE ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, APPROPRIATING $500 TO MAKE EXPENDITURES
THAT COULD INFLUENCE THE OUTCOME OF AN ELECTION
CONCERNING BALLOT PROPOSITION #3 WHICH ASKS THE
QUALIFIED VOTERS IF THE CITY SHOULD PURSUE THE ISSUANCE
OF GENERAL OBLIGATION (GO) BONDS NOT TO EXCEED $5 MILLION
DOLLARS TO FINANCE THE LIBRARY/MUSEUM CONSTRUCTION AND
CAPITAL COSTS
WHEREAS, in 2003, the community selected a new library/museum project as part of the
Seward Centennial celebration to reach completion by 2012, the 100t" anniversary of the incorporation of
the city; and
WHEREAS, the estimated cost of the new library/museum including planning, design,
construction, project management, furniture and fixtures is $10 million; and
WHEREAS, on June 22, 2009, Resolution 2009-053 was approved by the city council which
will submit Proposition #3 to the qualified voters asking whether to incur debt and issue general
obligation bonds not to exceed $5 million dollars to finance the construction and other capital costs of
the Library/Museum Project; and
WHEREAS, general obligation bonds may only be issued following approval by the
qualified voters of the city; and
WHEREAS, after raising half of the estimated total cost of the project from other sources, the
remaining $5 million would come from the issuance of general obligation (GO) bonds; and
WHEREAS, the estimated annual debt service on general obligation (GO) bonds fora 25-year
period at an assumed 5.75% borrowing rate is approximately $380,000 per year; 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
CITY OF SEWARD, ALASKA
NON-CODE ORDINANCE 2009-006
WHEREAS, under AS 15.13.145, 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The City Council hereby appropriates and authorizes for expenditure $500, if
needed, from the city manager's training and education account #101-1120-5160 that maybe used to
influence the outcome of the election for the purpose of educating the public on the issuance of
general obligation bonds for the Library/Museum Project.
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 27`" 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:
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JeanLewis ~~ ~ n' ~ ~ 9~
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City Clerk ' a~°`` _?~'
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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 -Library/Museum GO bond issuance
Proposition #3
BACKGROUND & JUSTIFICATION:
Proposition #3 will submit to the qualified voters the question of whether the city should pursue the
issuance of general obligation (GO) bonds not to exceed $5 million dollars to finance the
Library/Museum Construction and capital costs.
The city foresees material being disseminated by the Library/Museum Building Committee. In the
event the city found it needed to disseminate information on this subject to educate the public, this
non-code ordinance authorizes the expenditure of public funds and provides the flexibility to expend
funds if needed. Such information could influence the outcome of an election, therefore the city
would need to follow state reporting requirements in 2 AAC 50.360 and AS 15.13.140-155.
AS 15.13.145 states that money held by a municipality may be 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.
The City is allowed to prepare and distribute neutral materials to educate the public on the
proposition before them. However, under AS 15.13.145, a municipality may not use money to
influence the outcome of an election unless the funds have been specifically appropriated for that
purpose by the elected body. If the city distributed materials, they would need to follow the reporting
requirements as stated in
INTENT:
To have budgeted funds available in case the city council found it needed to put out educational
materials related to this matter and the new Library/Museum Project for Proposition #3.
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:
FISCAL NOTE:
If needed, funds would come from the City Manager Training and Education account # 101-1120-
5160.
Approved by Finance Department:
Cam;
RECOMMENDATION:
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City Council introduce and enact Non-Code Ordinance 2009-006 appropriating funds for the purpose
of possible expenditures to educate the public which could influence the outcome of an election
concerning ballot proposition #3, which pursues the issuance of general obligation (GO) bonds not to
exceed $5 million dollars to finance the Library/Museum construction and capital costs.
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