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HomeMy WebLinkAboutOrd2007-010Sponsored by: Oates Introduction : 1\uvcmber 26, 2007 Public hearing: December IQ, 2007 Enactment : December 10, 2007 CITY OF SF.~'1'AKD, ALASKA ORDINANC'F. 2007-Ill U AN ORDINANCE. OF "fHE C1T1' COUNCIL OF THE CITY OF SEV4'ARD, ALASKr1, REVISING SE~1'ARD CITI' CODE. SKC'1'ION 5.35.015 (COMPI`TATION - MArIMCM 'l'A?C), INCREASING THE. tiALES 'I:A.\ CAP FROM S500 TO $1,000, F.FFF.C'1'1~'E APRIL 1, 2008 W'IIERE:IS, Seward City C'odc 5.35.03$ provides authority for the imposition of sales tax and rcyuires that sales faxes he collected and remitted ro the Kenai Peninsula Borough in accordance wish A3 2).35.170 and Chapter 5.18 of the Kenai Peninsula Buruugh Code; and WHEREAS, Se~~~ard City Code 5.35.04.5 specifics the. amount of tax [o be applied on the first $SOU uleach separate sale, rent, or service h~ansaction, with said amount being generally identified as the "sales tax cap" and this Ordinance would increase that sales tas cap Burn $500 to 51,000; and W'FIERE:IS, neither the City of Seward, nor the Kenai Peninsula Borough have amended their sales tax provisions to increase the maximum tax computation since the aduptiar of Kenai Peninsula L Borough Ordinance ~Iu. 9 which had an effective date of July I, 19(i5; WHEREAS. the cyuivalem value in today's dollars, of the 1965 tax cap of 5500, is estimated at mar. thau $1,900; and ~~'HERE;~S, lhu Cily Council has Discussed exempting sales tax on residential rents above 3500 su that the modification to the tax cap from 5500 to 51,000 does not adversely affect residential renters, and that c,~cu~ptiuu is bciog brought lanyard Cor introduction as Ordinance 2007-01 I on ~m~ember 26, 200?. NOW 'I'HN;RN;h'ORE,'1'HE CITY COI:P:CIL OF TFIE CITY OF SEW:II2D, ALASKA, HFRN;RI'' ORDAINS that: Section ]. Seward City Cudc Scctiuu 5.35.045 is amended as ['ollows: ~H = Delete Bold = ~1ew The tax shall be applied only to the. ~irst'l~ $1,000 oCeach separate sale, rent or service vansaction. 'fhe payment of rent, whether tier real ur personal properly, in excess of Si50f1 $1,000 and for more than one miurlh shall be treated as several separate transactions covering the rental for one month each. A hansaction involving payrncut Cur scn ices or personal property to be rendered or delivered over a period of more than unc month l'or a consideration in excess of 550E) $1,000 shall he treated as several separate transactions occurring one each month over the period of time that the service or property is rendered or delivered. CITY OF SEW'ARD, A1..4SKA ORDIVANCI'; 211117-10 Section 2. The effective date of the change in the sales tax cap from 5500 to $1,0011 is April I , J 20118. Section 3. This urdinxncc shall take effect 30 days followine its enactment. PASSED :AND APPROVED by the City Council of the City of Seward, Alaska, this 10th day oCDcccmbcr, 2007. THE CITY OT SEWARD, :1L:~SIiA ~~~z ~. Clark Corbridke, Ma, or AWES: \ aldatta. Dunham, Smith, Corbridgc. NOES: Kellar. Amberg \RSEVT: Rardarson \IIST;\1V: hone ("City o ' S~tiL s ~ i -+- .r Council Agenda Statement Mectutg llate: November 2(i, 2007 From: Phillip Oates, City Manager Agenda Item: Tnerease in the Sales Tax Cap BACKGIiOUNU & JUSTIFICATION: The Seward City Council eon.sidered an increase in the sales tax cap during the 2005 budget process, introducing Ordinance 20(14-04. That Ordinance proposed to increase the sales tax cap from $50010 $1,(100. At the same time, the Kenai Peninsula Borough Assembly was considering the same increase in ttte soles tax esp. KPH Ordinance 20D-0-3G ~+~as introduced in October, 2004, wnc postponed until March, 2005, and was never passed. The Seward City Council postponed action ou Sewarul's Ordinance 2CH14-04 for two reasons. Firs[, the City hoped to encourage the Kenai Peninsula Aorough Assembly tq increase the tax cap so that dte City and the Borough would maintain consistent tax policy. SewatrJ City Council passed Kesolutign 2005-I Z on February I4, ZU05, voicing support for KPB Ordinaztce ZO04-36. Uftimatety, the Borough Assembly failed to increase the sales tax cap. The second reason the Seward City Council postponed action on the proposed sales tax cap increase had to dq with the additional burden that it would have plactxi 0n the Kenai heninsula Borougta finaurce department, and on local bwincsses. At the lime, dte KPB finance department made a presentation to the City Council explaining the administrative difficulty that such a variation in tax caps would have on their tax accounting system, which w•as unable to au;uwtt for variable tax caps. They requested that the City postpone consideration of a variable tax cap mtti I such time as their new accounting system could be installed and operational. The new software installation was completed in Angus[, 2006. As a Home Rule city, the City of Seward may raise the sales tax cap even if the Kenai Peninsula Borough does not, Lt the past, the City has made every ellort to adopt tax policies consistent with Utose of the Borough for two reasons. First, diverging tax policies are costly for business, making it difficult for businesses to properly understand and rile their tax retunrs, and in many cases, the businesses may lack flexibility in their point-of--sale cash register systems. Second, diverging tax policies arc inefficient and costly for the Borough adruinistratign,making itnecessary t0 modify tax forms, modify computer programs, conduct audits that enforce varying tax policies, and educate businesses about varying taut policies. Ttte Kenai Peninsula Borough is raising Ute sales tax rate effective January 1, 2UOR. The City would have preferred to sec an increase in the sales tax cap rather than an increase in the tax rate, but since the Borough is ttoti:~ unlikely !o t:onsider a than°e in the sales tax cap, the City's proposes increase in the sales tax cap will result in diverging tax policies. This is likely to impose a cost on the Borough to modify their tax forms and computer system, with rough cost estimates of $1011,1100. The City adntirtistration rec0mrnends postponing ituplerttentation uftlte tax cap incrtase until April t, 2I10$, to provide sufficient time for the Borough to make necessary modifications to their tax accounting software and repotting forms. C'ITl' OF' SN;N'AKD, ALASKA ORDIN.4NCF, 2007-010 CONSISTENCY CIIECKLIST: Where applicable, this resolution/ordinance is consistent with the Seward Cily Codc, Charier, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Prneediucs. Other: FISCAL NOTE: The increase in the sales tax cap from $500 to 51,000 has been factored into the revised preliminary ~0U8 Operating Budges. The estimated impact of the tax cap increase is difTcull to estimate given that residential rents will not be subject to the additional sales tax cap. However, We budget includes an estimated 560,000 associated with the sales tax cap increase. Approved by Finance Department: ,~Ls:~~~/! ~-~u-,.~-, RECOMMENDATION; Council approves Ordina~ice 2007-010, increasing the sales tax cap from $500 to $1,000, effective April I, 200R.