HomeMy WebLinkAboutRes2004-079
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Sponsored by: Shealy
CITY OF SEWARD, ALASKA
RESOLUTION 2004-79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, OUTLINING PARAMETERS FOR PAYMENT IN LIEU OF
TAXES TO MUNICIPALITIES AS RECOMMENDED BY THE MUNICIPAL
ADVISORY GROUP
WHEREAS, the Stranded Gas Development Act anticipates a negotiated contract between
the State of Alaska Department of Revenue and revenue impacted municipalities in lieu of traditional
property taxes under AS 43.56; and
WHEREAS, the Municipal Advisory Group, established under the auspices ofthe SGDA,
has met regularly to discuss and review issues relating to revenue and socio-economic impacts of a
gasline on municipalities; and
WHEREAS, it is not the intent ofthe SGDA to exempt or modify property taxes currently
being assessed and collected under 43.56 but to modify the shape of future property taxes to be
assessed and collected for the Alaska Natural Gas Pipeline; and
WHEREAS, the definition oftaxable property under 15 AAC 56.075 is confusing in terms
of defining dual use property for purposes of taxation under 43.56; and
WHEREAS, "stranded gas" defined in AS 43.82.900 means gas that is not being marketed
due to prevailing costs or price conditions, as determined by an economic analysis by the
commissioner for a particular project; and
WHEREAS, real and personal property that is used or committed by contract or other
agreement for use within this state primarily in the exploration for, production of, or pipeline
transportation of gas or unrefined oil, or for the operations and maintenance of such facilities, is
taxed under AS 43.56 rather than under AS 29.45; and
WHEREAS, an exception to the definition of taxable property under AS 43.56 is "for
property used solely for the retail distribution or liquefaction of natural gas"; and
WHEREAS, the Municipal Advisory Group has not come to agreement on the shape, length
or allocation methodology of a Payment in Lieu of Taxes to revenue impacted communities; and
WHEREAS, the Municipal Advisory Group has come to consensus on the general
parameters in which a PIL T should be negotiated; and
WHEREAS, a number of factors argue against sales tax exemptions, including:
. Complexity of administering sales tax exemptions;
. Onus on vendors collecting sales taxes;
CITY OF SEWARD, ALASKA
RESOLUTION 2004-79
. Difficulties of determining who is an exempt entity;
. The determination of exempt items;
. Competitive advantage/disadvantage based on entities exempted;
. Cost/benefit of exemption - especially given per transaction caps;
. Cost of sales taxes not material to the project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1. the Municipal Advisory Group recommends the following parameters be utilized
in future PIL T negotiations.
Section 2. No property that is taxed under AS29.45 or AS 43.56 prior to the start of
construction of an Alaska Natural Gas Pipeline should receive a tax deferral/exemption under a
SGDA contract.
Section 3. A contract developed under the SGDA should clarify the conditions under which
dual use facilities are to be taxed in order to protect municipalities' tax bases in existence prior to the
start of construction.
Section 4. No tax exemption under the SGDA should apply to a gas pipeline or gas
distribution infrastructure in existence prior to the start of construction of an Alaska Natural
Gas Pipeline.
Section 5. No tax exemption under the SGDA for municipal sales and use taxes.
Section 6. SGDA contract may include provisions to ensure sales taxes are not targeted
to gas pipeline construction and operations.
Section 7. No exemption under SGDA contract for the Alaska Natural Gas Pipeline for
property that under current tax law would be taxable under AS 29.45.
Section 8. SGDA contract may include provisions to ensure municipal severance taxes
are not targeted to gas pipeline construction.
Section 9. This resolution shall take affect immediately upon its adoption.
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CITY OF SEWARD, ALASKA
RESOLUTION 2004-79
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 26th day of
July, 2004.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
THE CITY OF SEWARD, ALASKA
1IC1A1;f;/ ~
Vanta Shafer, Mayor
Dunham, Branson, Valdatta, Amberg, Clark, Anderson, Shafer
None
None
None
(City Seal)
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