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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 _/ / l ~- / - ii~~ , ,, ~~~- r~G Willard Dunham, Vice Mayor AYES: Valdatta, Kellar, Smith, Dunham NOES: None ABSENT: Bardarson, Keil, Corbridge ABSTAIN: None ATTEST: - „~naa.eg~~ JeanLewis ~~ ~ n' ~ ~ 9~ ~ ~ City Clerk ' a~°`` _?~' s ,•',~ ,` ~ , • t ~'~ A ~ ~ w ~ a7 ~ (City Seal) ,~ 3 ,~ ~~k~~~ t ~.,.-. • ~. a ,,, ;;,,, ~• r i _~q 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: . f 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. 2 :~