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HomeMy WebLinkAboutOrd2019-005 - Introduction Failed Sponsored by: City Attorney Failed Introduction Date: January 28,2019 CITY OF SEWARD,ALASKA ORDINANCE 2019-005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROPRIATING $500.00 FROM THE GENERAL FUND BALANCE TO ADVOCATE AND PROVIDE THE PUBLIC INFORMATION REGARDING REFERENDUM NO. 1 WHICH IS TO BE DECIDED DURING THE SPECIAL ELECTION TO BE HELD MARCH 19,2019 WHEREAS, the City of Seward ("City") will hold a special election on March 19, 2019 during which voters will decide whether to support Referendum No. 1 regarding whether to repeal City Ordinance No. 412; and WHEREAS, City Ordinance No. 412 was adopted on September 8, 1975 and was entitled, "AN ORDINANCE OF THE CITY COUNCIL OF CITY OF SEWARD, ALASKA, REJECTING THE APPLICATION OF THE PUBLIC EMPLOYMENT RELATIONS ACT TO THE CITY OF SEWARD"; and WHEREAS, Ordinance No. 412 exempts City employees from the requirements of the Public Employment Relations Act("PERA"); and WHEREAS,passage of Referendum No. 1 would mean that City employees are subject to the requirements of PERA; and WHEREAS, the City may choose to advocate against Referendum No. 1; and WHEREAS, Alaska Statute ("AS") 15.13.145 requires that a municipality appropriate funds via an ordinance if the funds will be used to influence the outcome of an election; and WHEREAS, the City Council finds it in the public's interest to advocate against and provide information with regards to Referendum No. 1 and to appropriate funds to that end. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: Section 1. That $500.00 is hereby appropriated from the general fund balance for the purpose of opposing the passage of Referendum No. 1, including, without limitation, advertisements in print and broadcast media, brochures and posters, and including, without limitation, the provision of information that may influence the outcome of the election. Section 2.This ordinance shall take effect immediately following its enactment. CITY OF SEWARD, ALASKA ORDINANCE 2019-005 .1 ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA this 11th day of February, 2019. THE CITY OF SEWARD, ALASKA FAILED INTRODUCTION David Squires, Mayor AYES: Squires NOES: Lane, Horn, McClure, Towsley, Seese, Osenga ABSENT: None ABSTAIN: None ATTEST: Brenda J. Ballou, MMC City Clerk (City Seal) COUNCIL AGENDA STATEMENT Meeting Date: January 28, 2019 To: Seward City Council From: Jack McKenna, City Attorney Agenda Item: Appropriating $500.00 From The General Fund Balance To Advocate And Provide The Public Information Regarding Referendum No. 1 Which Is To Be Decided During The Special Election To Be Held March 19, 2019. BACKGROUND & JUSTIFICATION: On January 14, 2019, a Referendum Petition to repeal Ordinance No. 412 was certified. Pursuant to Seward City Code ("SCC") 4.15.050(a), a special election must be held within 75 days of the petition's submission to the City Council if no regularly scheduled election will occur during that time. City Council therefore scheduled a Special Election for March 19, 2019 to decide Referendum No. 1. The City may wish to provide information to the voters of Seward to assist them in making an informed decision. The City may also choose to take a position on the referendum and expend funds that could influence the outcome of the election. Alaska Statute 15.13.145 requires that a municipality appropriate funds via an ordinance if the funds will be used to influence the outcome of an election. To that end, the City Council will consider which, if any, of three ordinances to adopt. The City Council has three options: to remain neutral in the delivery of the information (Ord 19-004), to take a position in opposition to the referendum (Ord 19-005), or to support the referendum (Ord 19-006). CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): 2. Strategic Plan (document source here) : 3. Other (list): FISCAL NOTE: Approved by Finance Department: _______________________________________ ATTORNEY REVIEW: Yes __X__ No _____ Not Applicable ______ RECOMMENDATION: Enact Ordinance 2019-004, 2019-005, or 2019-006.