HomeMy WebLinkAboutORD2023-005 Title 5 - Revenue & Finance Sponsored by: City Clerk
Introduction: February 27, 2023
Public Hearing: March 13, 2023
Enactment: March 13, 2023
CITY OF SEWARD,ALASKA
ORDINANCE 2023-005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA,AMENDING SEWARD CITY CODE TITLE 5—REVENUE AND
FINANCE
WHEREAS, in May, 2020, Seward City Council approved Resolution 2020-040 to
review, update, and recodify Seward City Code; and
WHEREAS, there are lb Titles contained in Seward City Code; and
WHEREAS, due to the sheer volume of material to be reviewed, it is more efficient and
reasonable to provide the changes in smaller, more manageable portions for consideration; and
WHEREAS, in 2022, council enacted several ordinances to update portions of Title 5,
including: Ordinance 2022-005, Amending Seward City Code 5.22 Developer Incentive And
Reimbursement Program To Further Clarify And Define Program Processes, Amending Section
14.10.030 Water Main Extensions To Exclude The Language In Chapter 5.22, And Enacting
Section 14.15.505. --- Scope Of Article To Exclude The Language In Chapter 5.22; Ordinance
2022-012, Amending Seward City Code Chapter 5.01 General Provisions And Enacting Chapter
5.02 Fund Balance And Net Position; and, Ordinance 2022-013, Amending Seward City Code
Chapter 5.15 Investment And Coll ateralization Of Public Funds; and
WHEREAS,this ordinance is focused on the remainder of Title 5 —Revenue and Finance
and reflects input from the city manager, the city attorney, and the finance department and will
complete the recodification for Title 5.
NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that:
Section 1. Seward City Code Title 5—Revenue and Finance is hereby amended as follows:
(Deletions = Bold Strips; Additions=Bold Italics Underlined.)
TITLE 5 -REVENUE AND FINANCE
Chapter 5.01. - General Provisions
5.01.010. - Fiscal year.
The fiscal year of the city shall begin on January 1 of each year.
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ORDINANCE 2023-005
5.01.015. - Creation of debts.
Neither the council nor any officer or employee of the city shall create, audit, allow or permit to
accrue any debt or liability for any purpose in excess of available money in the treasury legally
apportioned or appropriated for that purpose.
5.01.020. - Examination of claims.
The finance director shall examine all payrolls, bills, claims and other demands of the city, and
shall issue no warrant for payment unless the claim is in proper form correctly computed and
approved, and is legally due and payable and appropriation has been made thereof which has not
been exhausted, and unless there is sufficient money in the city treasury to make payment.
5.01.025. - Deposit of money.
All money collected by agencies of the city shall be deposited with the finance department within
three days after collection.
5.01.030. - Deposit of securities.
All securities shall be deposited in a bank approved by the council, to which access shall be had
only upon the signature of the city manager and the city clerk.
5.01.035. - Collection of revenues and proceeds from securities.
All revenues and proceeds from securities owned by the city shall be collected by the finance
director promptly when due and reported immediately to the city manager.
5.01.040. —Write off of accounts receivable; refunds of erroneous payments.
A. The city actively pursues collection of all revenues and debts owed to the city, reviews the
status of past-due accounts, and writes off amounts determined to be uncollectible.
B. The city manager has the authority to determine when accounts receivable of the city are
uncollectible, except for property liens.
C. The finance director may, on approval of the city manager, write off all or a portion of the
uncollectable receivable amount.
D. Any receivable amount written off in this manner must be reported to the city council within
one month. Accounts written off, in part or whole,do not constitute forgiveness of the debt nor
a gift of public funds.
E. Bills which may become a lien against property may be canceled only upon written formal
claim by the owner when supported by substantial evidence of its propriety and approved by
the city council. Any refunds of over-payments or erroneous payments may be made by the
finance director, with the approval of the city manager; provided, that utility customers'
deposits is refunded in accordance to 14.01.030.
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ORDINANCE 2023-005
5.01.045. - Payrolls.
A. Payrolls shall be submitted to the city manager for approval,and upon approval the city finance
director shall issue warrants in payment thereof when due.
B. It shall not be necessary for the city finance director to encumber in advance or to certify as to
the availability of funds appropriated for personnel services, except those obtained on a
contractual basis; provided, that upon issuance of the warrants, the city finance director shall
immediately cause the appropriate funds to be encumbered to the extent of the warrants issued.
5.01.050 Capital assets.
A. Capital assets will be capitalized and depreciated for financial statement purposes. Capital
assets are defined as a unit of property that:
1. Has an economic useful life that extends beyond one year;
2. Must be acquired for use in operations and not be held for sale; and
3. Was acquired or produced for a cost as established by the city council in the biennial
budget. Any items costing below this amount should be expensed.
B. Tangible assets that do not meet the requirements of a capital asset will be recorded as an
expense regardless of acquisition or production cost.
C. Renewals and betterments are capitalized. These expenditures include the cost for renovations,
betterments, or improvements that add to the permanent value of the asset, make the asset
better than it was when purchased, or materially extend its life beyond the original useful life.
To capitalize these costs, the improvements must fulfill at least one of the following three
criteria:
1. The useful life of the asset is materially increased;
2. The productive capacity of the asset is improved, or
3. The quality of units/services produced from the asset is enhanced. The total project cost
must also exceed the amount established by the city council in the biennial budget.
D. The cost of normal maintenance and repairs that do not add to the value of the asset or
materially extend assets' lives are not capitalized.
Chapter 5.02 —Fund Balance and Net Position
5.02.010 General Fund.
A. Minimum general fund balance.
1. The city council shall establish a minimum general fund balance for the city to assure the
financial stability and provide adequate financial reserves capable of preserving city
operations in the event of economic stress or unforeseen financial events.
2. The general fund balance shall be established in each biennial budget ordinance.
3. The minimum level of the general fund unassigned fund balance should be equal to three
to six months expected city expenditures,plus transfers-out.
B. Unassigned fund balance.
1. The unassigned fund balance does include amounts externally restricted or internally
committed or assigned for specific purposes.
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ORDINANCE 2023-005
2. The city council has the authority to commit funds for specific purposes while the finance
director or city manager can internally assign fund balance.
C. When both restricted and unrestricted sources of funding are available for use,the city will use
externally restricted resources first, then internally committed and assigned resources before
using unassigned fund balance.
D. One-time revenues (examples: grant administration fees, sales of fixed assets, etc.) should not
be utilized to fund ongoing expenditures but to fund capital repairs and replacements. To the
extent that the General Fund balance has reached 6 months of expenditures plus transfers-out,
one-time revenues will be allocated annually to the Capital Acquisition Fund.
E. The revenue stabilization,or working capital,account is to maintain a prudent level of financial
resources to protect against the need to reduce service levels or raise taxes or fees due to
temporary shortfalls or unpredicted one-time expenditures. The balance in this account should
be a minimum of equal to 10%of the General Fund's annual revenues.
5.02.020 Enterprise Funds.
A. The city's Enterprise Funds are used to account for operations that are financed and operated
in a manner similar to business-like entities and report net position rather than fund balance.
The city maintains the following enterprise funds:
1. Harbor
2. Seward Marine Industrial Center
3. Parking
4. Electric
5. Water
6. Wastewater
7. Healthcare, and
8. Seward Mountain Haven.
B. The enterprise funds should maintain a minimum unrestricted net position reserve of three
months operating to provide for uninterrupted services and for each fund to cover the costs of
their operations.
C. Net position can be restricted by external parties or legal restrictions. In the event that either
restricted or unrestricted net position can be used for a specific outlay the city will use restricted
net position before unrestricted net position.
5.02.030 Internal Service Funds.
The city has established two internal service funds to account for services provided internally to
city departments and employees.
A. The motor pool fund's net position is unrestricted but allocated for the replacement of city
heavy equipment and vehicles. The motor pool fund has the authority to loan money to other
funds, but all amounts must be repaid with interest considered reasonable at the time of the
loan.
B. The accrued leave fund's net position is unrestricted but allocated to fund the annual liability
of unpaid vacation leave due to all city employees.
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ORDINANCE 2023-005
5.02.040 Capital Acquisition Projects Funds.
A. The city maintains several capital project funds. These funds maintain fund balance which is
either assigned or committed for specific capital projects.
B. The capital acquisition fund, fund balance is assigned for capital purposes by the city council.
1. The city will designate 50% of the previous fiscal years' General Fund's positive change
in fund balance into the Capital Acquisition Fund in any year where the General Fund
balance is within the band of established fund balance reserves as described in section
5.02.010. The allocation of surplus funds from the General Fund to the Capital Acquisition
Fund will occur only to the point where General Fund unassigned fund balance continues
to exceed 3 months to 6 months'preserves after the transfer.
2. Capital replacement funds are to be restricted and distributed only for major capital outlay
expenditures, which are defined as those in excess of$20,000.00.
Chapter 5.05. - Budget
5.05.005—Budget assumptions.
A. The City of Seward operates on a traditional biennial budget beginning on January 0 and
( ending on December 3Pt of each odd year.
i B. By the first Friday in September of each even year the city manager shall present to the council
an overview of preliminary budget assumptions for a budget period containing the next two fiscal
years. These preliminary budget assumptions will address, by fund, revenue projections, tax and
utility rates, program additions or deletions, wages and benefits, and any other issues having
potential effects upon the City's overall financial condition.
5.05.010.—Budget proposal.
A. The city manager shall present to the council a budget proposal for the next two fiscal years of
the city at least 45 days prior to the next biennial fiscal year. Such budget proposal shall set forth
the city manager's recommended tax rate based on an analysis of the anticipated income and
expenditures of the city for the next two fiscal years.
B. The proposed expenditures set forth in the budget proposal shall not exceed the expected
revenues of the city.
C. Unencumbered funds remaining at the end of each fiscal year may be reallocated for purposes
set forth in the budget proposal.
D. Six year program for capital improvements.
1. The city manager shall submit a six year program for capital improvements for the following
six fiscal years with each budget proposal. The program shall include estimates of the effect of
capital improvement projects on maintenance, operation, and personnel costs.
2. The proposed capital budget will be presented by the city manager as a separate section of the
biennial budget. The capital budget shall show expenditures during the ensuing budget period,
detailed by offices, departments and agencies, when practicable, and the proposed method of
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financing each such capital expenditure. The city manager shall include the budgets for
mayor/council and city clerk as presented by the city clerk.
E. The council shall by June 15 of each year present to the borough assembly a statement of the
city's rate of levy, unless a different date is agreed upon by the borough and city.
5.05.015. - Review; hearing; adoption.
A. Review. The budget proposal of the city manager shall be reviewed by the city council and shall
be available for public inspection in the office of the city clerk. Except as provided by SCC
2.92.090, or by other provisions of city, state, or federal law, the public shall be given full, free,
and unrestricted access to all municipal documents and records, including drafts, prepared by or
for the city or city council in connection with annual operating and capital budgets. Public access
to budget preparation materials shall not be restricted or denied by any city official or employee
on the basis of any claim of executive or deliberative process privilege.
B. Hearing. Council shall direct at least two public hearings on the biennial budget proposal, the
first public hearing shall be held no sooner than 44 fourteen (14) days after the budget is
presented to council. The second public hearing shall be held not less than one week before its
final adoption. Notice of the public hearing shall be published in a newspaper by the city clerk at
least one week prior to the date of each hearing.
C. Adoption. At a regular meeting held not less than ten (10) 'days prior to the end of the even
fiscal year, the council shall, by resolution, adopt a budget for the next two fiscal years and make
appropriation of the money needed therefore. If the council does not adopt a budget prior to the
third day preceding the commencement of the next fiscal year, the budget proposal as presented
to the council by the city manager shall be deemed to be the budget for that fiscal year and shall
be held to make an appropriation therefor without any further council action.
5.05.020. - System of accounts.
All city accounts shall be kept in the form prescribed by the budget.
5.05.025. - Contingent accounts.
The budget may contain contingent accounts which shall read as follows: "The contingent account
of the city shall be expended only on written authorization of the city manager for items for which
no provision or insufficient provision has been made by the appropriations contained in the
budget." Expenditures from the contingent account shall be reported monthly in the finance
director's report to the council.
5.05.030. - Unencumbered balances of appropriations.
A. The necessary accounting records shall be maintained to reflect the unencumbered balances of
all appropriations. In determining the unencumbered balances of appropriations, the estimated
amounts of commitments for goods or services ordered but not paid for shall be taken into
consideration, and the finance director shall submit to the council and the city manager a monthly
report of all unencumbered balances.
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ORDINANCE 2023-005
B. Unencumbered appropriation balances may be transferred to any department by the city
manager at any time. At the request of the city manager, or on its own initiative, the council
may transfer unencumbered balances from one office, department or agency to another.
C. The city manager shall submit periodically to the council information comparing estimated and
actual revenues and expenditures to the end of the preceding month.
Chapter 5.15. - Investment and Collateralization of Public Funds
5.15.010. - Purpose.
This chapter is intended to govern the investment and coilateralization of funds under the control
of the City of Seward. This chapter shall not apply to any funds controlled by a separate trust
indenture.
5.15.015. - Definitions.
For the purposes of this chapter,unless the context otherwise requires, the terms listed below shall
be defined as follows:
Authorized investment. Means an investment as defined in section 5.15.020 of this code.
Bank. Means a state or federally chartered commercial or mutual bank, savings and loan
association or credit union located in the United States and having insurance of accounts through
the appropriate federal insuring agency of the United States.
Certificate of deposit. Means a non-negotiable certificate of deposit or other depository
agreement issued, or to be issued, to the city by a bank.
City. Means the City of Seward, Alaska.
Rated bank. Means:
(1) A bank, all of whose debt issues are rated at least "A" or its equivalent by a nationally
recognized rating service;
(2) A bank whose letters of credit secure third-party debt issues rated at least "A" or its
equivalent by a nationally recognized rating service; or
(3) A bank which is a subsidiary of a one-bank holding company, all of whose commercial
paper has the highest rating given by a nationally recognized rating service,or whose debt
issues are rated at least "A" or its equivalent by a nationally recognized service.
5.15.016 Authorization.
A. The city manager is authorized to work with the finance director to open and/or close bank
accounts with approval of the city council.
B. The city manager is authorized to work with the finance director to make investments on behalf
of the city, following the guidelines outlined in this chapter.
5.15.020. -Authorized investments.
In order to provide maximum security for the investment of public funds and to provide the greatest
interest revenue consistent with safety, only the following investments of the city's funds will be
authorized:
CITY OF SEWARD,ALASKA
ORDINANCE 2023-005
A. Obligations of, or obligations insured or guaranteed by, the United States or an agency or
instrumentality of the United States;
B. Commercial paper maturing within nine 2Lmontbs issued by corporations or businesses and
having the highest rating of a nationally recognized rating service;
C. Banker's acceptances accepted by a rated bank and eligible for rediscount with, or purchase
by, federal reserve system banks;
D. Negotiable certificates of deposit issued by rated banks;
E. Certificates of deposit in a bank, provided that, if at any time the city shall have on deposit in
any one bank an amount in excess of the limits of federal insurance, including all principal and
accrued interest,then the amounts which exceed the limits of federal insurance shall be secured
as provided in section 5.15.025 of this Code;
F. Repurchase agreements with:
1. The city's bank of account and which are entered into in conjunction with the city's zero-
balance ("sweep") demand deposit account and secured by obligations insured or
guaranteed by the United States or agencies or instrumentalities of the United States; or
2. Rated banks or primary dealers in government securities and secured by obligations insured
or guaranteed by the United States, or agencies or instrumentalities of the United States,
with the collateralization to be assigned as provided in section 5.15.025 of this Code;
G. Federally insured deposits in banks or deposits collateralized by eligible collateral as described
in section 5.15.025.
H. Investments through the Alaska Municipal League Investment Pool, Inc., an investment pool
and nonprofit corporation established under AS 37.23.
5.15.025. - Collateral required to secure deposits.
A. Eligible collateral. Deposits in excess of insurance of accounts through the appropriate
federal insuring agency of the United States, must be secured by collateral valued as set forth in
this chapter and conforming to the other requirements of this section.
1. The following collateral will be accepted and valued at current market value, detennined by the
bank (subject to audit by the city). Pledged collateral shall be reevaluated at least monthly at
the then-current market value, based on the closing bid price as quoted by the Wall Street
Journal or a market-maker in the pledged security:
a. Obligations of, or obligations insured or guaranteed by, the United States or an
agency or instrumentality of the United States;
b. General obligation bonds and notes issued and insured or guaranteed by the state of
Alaska, an agency or instrumentality of the state, or other political subdivision of the
state, which are rated at least "A" or its equivalent by a nationally recognized rating
service;
c. Revenue bonds issued by the state of Alaska, an agency or instrumentality of the
state, or other political subdivision of the state, which are rated at least "A" or its
equivalent by a nationally recognized rating service;
d. Corporate debt securities rated at least "AA" or its equivalent by a nationally
recognized rating service;
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ORDINANCE 2023-005
e. General obligation bonds issued by states and municipalities in the United States
outside of Alaska rated at least "A" or its equivalent by a nationally recognized rating
service.
B. Ownership; encumbrance of collateral. Pledged collateral must be owned by the bank and,
except for the assignment required under subsection (d) of this section, the bank must keep the
pledged collateral free and clear of liens, security interests or encumbrances and will not release,
assign, sell, mortgage, lease, transfer, pledge or grant a security interest in, encumber, substitute
or otherwise dispose of or abandon any part or all of the pledged collateral without the written
authorization of the city.
C. Substitution of collateral.
1. Notwithstanding any other provisions of this chapter,the city reserves the right to review,
from time to time, any and all collateral proposed or submitted by a bank to secure
deposits, and if the city determines that the collateral does not meet the requirements of
this chapter, or otherwise determines that the public funds are not adequately secured by
the collateral, the city may demand additional collateral or substitution of collateral.
2. The additional collateral or substitution of collateral may be demanded if the aggregate
value of the federally insured portions of certificates of deposit and the value of pledged
collateral, as determined pursuant to subsection (d) of this section, falls below or is less
than the total amount of principal and interest due upon maturity of deposits held by a
bank.
3. In the event any other property pledged by the bank no longer is eligible as collateral to
secure the deposits, the bank shall, within three business days, notify the city, in writing,
of the decline in value and/or loss of acceptable credit rating and shall pledge either
additional or substitute collateral meeting the requirements of this chapter.
D. Security agreement; tri-party agreement.
l. A bank holding deposits shall enter into a security agreement with the city for all property
pledged as collateral and which shall assign to the city the bank's interests in the property.
The security agreement shall identify all property pledged to the city and shall set out the
authority of the city to demand a substitution of collateral and to exercise assignment or
other rights under subsection F. of this section. The security agreement shall be at the
expense of the bank holding the deposits.
2. Collateral pledged by a bank shall be kept in escrow accounts with another bank("escrow
bank")acceptable to the city pursuant to an agreement between the bank,the escrow bank
and the city. The agreement shall give the city control over pledged collateral submissions
to, and withdrawals from, the escrow account. The receipt of the collateral by the escrow
bank shall be further evidenced by telephonic assurance, provided to the city within
twenty-four hours of receipt of collateral, and a depository receipt received by the city
within a reasonable time following award of the bid or notification or demand for
substitute collateral. The escrow agreement and arrangements and maintenance thereof
shall be at the expense of the bank holding the deposits.
E. Reports; access to records.
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I. A bank bidding on certificates of deposit, or having outstanding certificates of deposit,
shall,within 45 days of the end of each fiscal quarter,provide the city access to its balance
sheet prepared in accordance with generally accepted accounting principles consistently
applied; or, if a bank does not prepare its reports in accordance with generally accepted
accounting principles, the reports prepared in accordance with state or federal regulatory
requirements shall be available to the city.
2. On or before the tenth day of each month, a bank which has outstanding certificates of
deposit shall deliver to the city's finance director of the city a list, prepared as of the last
day of the previous month and certified by an officer of the bank, setting forth the
principal amount and then-current market value of all pledged collateral.
3. The city shall, to the extent not expressly prohibited by law, at all times during normal
business hours have free access to,the right of inspection of,and the right to make extracts
from, any records of the bank relating to part or all of the collateral, and the bank will
deliver to the city the originals or true copies of such papers and instruments relating to
any or all of the collateral as the city may request.
4. Upon request, a bank bidding on certificates of deposit, or which has outstanding
certificates of deposit, shall provide the city with reports of examinations by state or
federal regulatory agencies and reports by the bank's independent auditors.
F. Noncompliance. -
1. In the event a bank defaults in the payment of principal or interest due upon maturity of
a certificate of deposit, or otherwise fails to comply with the provisions of this chapter,
including the security and escrow agreements provided for in subsection (d) of this
section, the city may:
a. Call all or a portion of the certificates of deposit issued by the bank;
b. Sell, exchange, transfer or otherwise dispose of the pledged collateral to recover the
principal and interest due upon maturity of the certificate of deposit and all costs
incurred by the city as a result of the sale, exchange, transfer or disposal;
C. Take other action available under the security and escrow agreements provided for
in subsection(d) of this section; or
d. Take other action available to it at law or equity.
2. To the extent not prohibited by law, the bank shall hold the city harmless from any
forfeiture or loss of interest or other penalty or cost, including attorney fees, imposed
upon or incurred by the city by reason of its early withdrawal of any or all certificates of
deposit issued by the bank.
5.15.030. - Certificates of deposit restrictions.
After reviewing a bank's financial position and determining that the limit is necessary to assure the
safety of city funds, the city may limit the total amount of principal and interest due upon maturity
of all certificates of deposit issued by that bank.
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Chapter 5.20. - Improvement Districts
Clerk's Note: Chapter 5.20 is not being updated at this time (with the exception of 5.20.120 which
is being struck on advice of the recod fication attorney). This section will come to council in the
future as a standalone ordinance from administration.
5.20.010. -Authority.
A special improvement district may be initiated either by council or by petition for any public
improvements.
5.20.015. -Initiation.
(a) Initiation by petition. Improvement districts and assessments may be initiated by petition in
a form prescribed by the city manager which shall include a description of the improvement sought
by the petition. The original or copies of the petition shall be signed by the owners of property
which will bear at least 50 percent of the estimated cost of the improvement sought by the petition.
The petition, when signed, shall be filed with the city clerk.
(b) Initiation by council. The council by motion or other action may direct the city manager to
make a survey and report on a proposed council initiated special improvement district.
5.20.020. -Reports on necessity, cost, etc.
Upon receipt by the city manager of the petition from the city clerk, or upon direction of the
council, the city manager shall make a survey and report to council concerning the need for and
desirable extent and estimated cost of each proposed local improvement. The report shall contain
a map or legal description of the proposed district. After completion of the report, a public hearing
shall be held.
5.20.025. -Hearings on necessity.
(a) Purpose. The hearing shall determine whether the proposed improvement district is in the
public interest and necessary.
(b) Notice.
(1) Notice of the public hearing shall be published in a newspaper of general circulation in
the city at least once a week for four consecutive weeks prior to the time fixed for the
hearing, and the fourth publication shall occur at least one week prior to the hearing. The
city clerk shall send a written notice by first class mail at least 15 days prior to the time
of hearing to each owner of property to be assessed.
(2) The notice shall include a summary of the improvement, the designation of the
properties to be assessed in the special improvement district, the purpose of the public
hearing and the time and place fixed for the public hearing. Mailed notices shall include
a designation of the addressee's property to be assessed. Each notice shall generally
inform the property owner of the manner and method of protesting or objecting to the
action to be taken at the public hearing.
(c) Written protests. If protests in writing are made by the owners of property who shall bear 50
percent or more of the estimated cost of the improvement, the council shall not proceed with
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the improvement until the protests have been reduced to less than 50 percent, except upon the
approval of not less than four members of the council.
(d) Changes and revisions. After hearing all interested persons favoring or opposing the
proposed improvement,the council may decrease the extent or value of the improvement, and
may delete from the district properties not benefited by the improvement.
5.20.030. - Resolution to proceed.
After the public hearing is closed, council shall adopt or reject a resolution to proceed with the
proposed improvement. The resolution to proceed shall find that the improvement is necessary and
will benefit the properties to be assessed. The findings of the council are conclusive. The resolution
shall require an account to be kept of all costs of the improvements and direct the proper city
official to proceed with design and construction of the improvements subject to acquisition of the
necessary financing.
5.20.035. - Computation of assessments.
(a) Costs of improvements. The costs of an improvement shall be the actual costs of the
improvement, including acquisition of interests in land for the improvement, design,
engineering, administration, overhead,professional services, guarantee fund,bond costs and
interest incurred as a result of the improvement and all other costs resulting from the
construction of the improvement.
(b) Method of apportionment. All property included within the improvement district shall be
considered and held to be all the property specially benefited by such public improvement and
shall be the property to be assessed to pay the cost and expense thereof. Council may
determine upon and use any method for spreading the assessment among the properties within
the district, which bears a reasonable relationship to the benefit received by the properties.
(c) Assessment roll. After the improvement has been completed and the costs of the
improvement computed, the city manager shall prepare an assessment roll for the district. The
special assessment roll shall contain property descriptions, names of owners of record and
assessment amounts. When the assessment roll is completed, the council shall fix a time and
place for a public hearing on objections to the assessment roll.
5.20.040. - Hearings on objections to assessment roll.
(a) Purpose. The hearing shall provide affected property owners the right to object to the method
of apportionment used in the assessment roll.
(b) Notice.
(1) Notice of the public hearing shall be published in a newspaper of general circulation in
the city at least once a week for four consecutive weeks prior to the time fixed for the
hearing, and the fourth publication shall occur at least one week prior to the hearing. The
city clerk shall send a written notice by first class mail at least 15 days prior to the time
of hearing to each owner of property to be assessed.
(2) The notice shall include a summary of the improvement, the designation of the
properties to be assessed in the special improvement district, the purpose of the public
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hearing and the time and place fixed for the public hearing. Mailed notices shall state the
amount of assessment against the particular tract. Each notice shall generally inform the
property owner of the manner and method of protesting or objecting to the method of
apportionment.
(c) Correction to the roll. All persons concerned shall have a right to present their objections to
the assessment and to point out errors and inequalities and submit such reasons for
amendments and corrections as they may have. Council shall have power to vary the
assessments in individual cases where the property assessed is not benefited commensurate
with the amount of the assessment. After the council has heard all objections and suggestions,
it shall correct all errors. When the roll is finally determined, the city clerk shall so certify.
5.20.045. -Resolution on assessments.
After the public hearing and determination of the assessment roll, the council by resolution shall
confirm the special assessment roll of the special assessment district. The resolution shall provide
for the levy and payment schedule of the assessments. No payment shall be required within 60
days after the resolution. Deferred or installment payments shall bear such interest as the city
council may prescribe in the resolution.
5.20.050.-Notice of assessment.
Within ten days after final passage of the resolution levying the assessment, the city clerk shall
mail,postage prepaid,a notice to the owner of each property assessed,which notice shall designate
the property, the amount of the assessment, the time of delinquency and the amount of penalty.
Within five days after the notices have been mailed, the clerk shall file his affidavit setting forth
such mailing, which affidavit shall be conclusive as to the facts therein set forth.
5.20.055. -Receipts from special assessments.
Accounts for special assessment rolls shall be created and maintained in accordance with generally
accepted governmental accounting principles. Moneys collected from special assessments shall be
used solely to pay the cost of the improvements to which they apply and to the principal of and
interest on indebtedness to the city.
5.20.060. - Premature expenditures.
No expenditures, other than for administrative engineering and legal work for any local
improvement, the cost of which is to be borne by special assessments on the property benefited,
shall be made unless the cash is on hand or bonds have been authorized to finance the cost thereof.
5.20.065. - Special assessment bonds—authorized.
The council may by ordinance authorize the issuance and sale of special assessment bonds to pay
all or part of the cost of an improvement in a district.
CITY OF SEWARD, ALASKA
ORDINANCE 2023-005
5.20.070.- Special assessment bonds—guarantee fund.
Before the council may issue special assessment bonds, it shall establish a guarantee fund and
appropriate to the fund annually a sum adequate to cover any deficiency in meeting payments of
principal and interest of bonds issued by reason of nonpayment of assessments when due. In
anticipation of delinquent assessments there may be added to each separate assessment appearing
on the assessment roll a sum not less than three percent nor greater than ten percent of the
assessment.
5.20.075. - Penalty.
Penalty for late payment of assessments shall be set in the resolution confirming the special
assessment district.
5.20.080. - Assessment of all benefiting property.
The council may assess for an improvement any real property, or any interest in real property, and
the property specially benefited may include abutting, adjoining, adjacent, contiguous,
noncontiguous or other property or interest in property benefited directly or indirectly by the
improvement. The property to be assessed may include any property which is otherwise, for any
reason, exempt from taxation by law.
5.20.085. - Property owner.
The person whose name is listed on the latest tax roll as the owner of the property to be assessed
is presumed to be the legal owner of the property. If the property owner is unknown, the property
may be assessed in the name of the "unknown owner." No assessment is invalidated by a mistake,
omission or error in the name of the owner if the property is correctly described.
5.20.090. - Assessments to be lien on property.
Such assessment shall be a lien upon the property assessed from the time the assessment is levied,
which lien shall be paramount and superior to any other lien heretofore or hereafter created whether
by mortgage or otherwise, except a lien for prior assessments and for general taxes, and shall be
payable at such time as city council may prescribe and may be enforced in the same manner
provided for the collection and enforcement of general taxes.
5.20.092. -Delinquent assessment installments.
Upon the delinquency of an assessment installment there shall be due and payable in addition to
the delinquent installment a penalty on the delinquent installment determined in accordance with
the resolution confirming the assessment roll. Notice of the delinquency shall be mailed to the
owner of record. The notice shall describe the delinquency and state that the entire principal
balance of the assessment, plus accrued interest and penalty on the principal balance, shall be due
and payable if the delinquent installment, plus penalty and interest, is not paid within six months
of the date of the delinquency.A delinquency in the payment of an installment is cured by payment
of the delinquent installment, plus penalty and interest, within six months of the date of the
delinquency. If a delinquent installment, plus penalty and accrued interest, is not paid within six
CITY OF SEWARD, ALASKA
ORDINANCE 2023-005
months of the date of the delinquency, the entire principal balance of the assessment, plus accrued
interest and penalty on the principal balance, shall be due and payable.
5.20.095. Foreclosure of liens for unpaid assessments.
Liens for unpaid assessments shall be foreclosed and the property sold in the same manner as
provided for foreclosure of property for taxes.
5.20.100. -Assessments to be binding.
The regularity or validity of assessments as provided herein may not in any manner be contested
or questioned by any proceeding whatsoever by any person not filing objections to such assessment
roll prior to the confirmation thereof.
5.20.105. - Appeals.
The decision of council upon any objective may be reviewed by the state superior court in the
manner prescribed by law and city charter.
5.20.110. - Reassessments—Invalidation of original assessment.
Whenever an assessment provided for in this chapter is set aside, annulled or declared void, or its
enforcement refused by a court of the state or the United States, whether directly or by virtue of a
r decision of a court, the council may, by ordinance or resolution, make a new assessment or
reassessment upon the lots, blocks or parcels of land benefited by the improvement. The
reassessment shall be based on the special and peculiar benefit of the improvement to the
respective parcels of land assessed at the time it was originally made.
5.20.115. -Reassessments—Valid notwithstanding irregularities.
The proceedings required by law to be taken before the making of an original assessment are not
required to be taken in connection with a reassessment under this chapter. The reassessment shall
be made and become a charge upon the property notwithstanding the omission, failure or neglect
of an officer, body or person to comply with the provisions of law relating to improvement and
assessment, and whether or not the proceedings of the council or a person connected with the work
may have been irregular or defective and whether or not an irregularity was jurisdictional.
planning5.20.120. improvements prior-to enoetment of ehapteFw
in the event that any impr-ovements are in the
followed,or constr-uetien stages when this
ehapter is enaeted so that the requirements of this ehapter cannot be fully
ents of this ehapter shall be followed wherever possible in remainmg pFeeeedings.
)us actions are hereby ratified and then the
deelar-ed to be in aeeor-d with eity
law, and are in fuFtheranee of lawffilly ereated improvement distriets. No previous aetion or
emission shall affeet the validity or
.ts o assessments-. legality
districts
CITY OF SEWARD, ALASKA
ORDINANCE 2023-005
Chapter 5.22. - Developer Incentive and Reimbursement Program
5.22.010—Intent.
It is the intent of this chapter to permit the city,when funds are available,to reimburse a developer
for up to 50 percent of the costs of extending public utilities to the developer's undeveloped
property in order to incentivize installation of public utilities and property development within city
boundaries.
5.22.020 - Definitions.
In this chapter, unless otherwise provided, or the context otherwise requires, the following words
and phrases shall have the meaning set forth below:
Benefiting property means area or zone which will directly benefit by a specific public utility
extension.
Cost of extension means the developer's actual direct cost of constructing a public utility
extension.
Developer means a person who owns undeveloped land located within the city.
Program Fund means a fund created expressly to fund the reimbursement and incentive
program.
Public Improvement is defined in Section 1.5 of the Seward Charter.
Public utility is defined in Section 1.5 of the Seward Charter.
Special improvement district means an area established under Seward City Code Chapter 5.20.
Undeveloped land means tracts or parcels of land that are not part of an existing improvement
district and have no significant or substantial improvement, infrastructure, grading, or site
development related to residential, commercial, or industrial uses or outstanding building permits.
5.22.035 General.
Upon application to the City and approval by the City Council, electric, water, and wastewater
utility services may be extended by a developer along a public right-of-way and/or easement. The
methods by which utility extensions may be accomplished are as follows:
A. Special improvement district.
1. Extensions may be completed by a private developer through the creation of a special
improvement district as described in 5.22.020.
2. Reimbursement for the utility extension shall be to the city through the special improvement
district language listed in subsections 5.22.020 and 5.22.025.
B. Private financing.
1. Extensions may be completed by a private developer who privately finances the utility extension
under the terms of an agreement with the City.
2. The agreement with the City may provide for reimbursement to the developer for up to 50
percent of the costs of installing the utility extensions on undeveloped land.
3. A developer is not eligible for reimbursement until the extension has been completed. s
CITY OF SEWARD, ALASKA
ORDINANCE 2023-005
5.22.045 Special improvement district.
When the determination has been made that a city utility infrastructure extension will benefit the
community through expansion of residential housing or will benefit the utility system, the City
may, at its discretion, and pursuant to Chapter 5.20 of this Code, create a special improvement
district and levy assessments against real property benefited by the improvement.
5.22.055 Special improvement district—Reimbursement through partial assessment,
A. The city may compute assessments for extensions approved under this chapter at less than the
actual cost of the improvements and may levy this partial assessment against the benefiting
properties in the special assessment district using the procedures for apportionment and
preparation of the assessment roll set forth in Chapter 5.20.
B. The partial assessment may be for 50 percent or more of the cost of acquiring, installing,
designing and/or constructing capital improvements.
C. The partial assessment will be a lien on the benefitting property and shall be paid to the city
when the property is sold.
5.22.065 Utility extensions by developer.
The following process shall be followed by a developer desiring to extend or expand a city utility
system:
A. Written request. The developer shall file with the city a written request to extend or expand a
city utility system.
B. Agreement. The developer is required to sign an agreement that has been approved by the city
manager and addresses the following provisions for construction of the utility extension:
1. Design and construction costs. If the proposed utility extension is approved, the developer
shall provide and pay for all design, professional engineering, labor, materials, equipment,
full-time inspection services by a professional engineer, and other costs related to the
design and construction of the requested utility extension. All plans, specifications and
construction contracts shall be subject to approval by the City and shall comply with all
applicable city standards.
2. Bond required.
a. The developer shall post performance and payment bonds to assure completion of the
project, free of all encumbrances and shall, before acceptance of the utility system by
the city, post a bond for assuring a one year guarantee against defects in workmanship
or materials.
b. During the one year guarantee period,the city shall notify the developer of any defects,
and the developer shall make timely corrections or repairs as needed, provided,
however, that in the case of emergency repairs, the city may make repairs and be
reimbursed by the developer.
c. Repairs made by the developer during the one year guarantee period shall be guaranteed
by the developer for one year from the date the repair is made.
3. As-built drawings required.
CITY OF SEWARD, ALASKA
ORDINANCE 2023-005
a. As-built construction drawings shall be submitted by the developer to the city within
3Vtlirr 30 days of completion of construction, and prior to acceptance of the project.
b. The as-built drawings must be in electronic format as specified by the city and shall be
verified by field survey by an Alaska-licensed professional engineer at the developer's
expense.
c. During the course of construction, city personnel are to be provided site access for the
purpose of observation and inspection.
4. Ownership.
a. Ownership of all utility lines and facilities within the easements or rights-of-way shall
become the property of the city after construction of the utility system has been.
completed and the city has accepted the project.
b. The system(s) will thereafter be maintained by the city, subject to the one year bond
against defects in workmanship and materials.
5. Testing.
a. The city shall witness the testing of any utility installation.
b. The city shall assess a fee for witnessing the testing of the utility installation on the
basis of time and materials.
c. In the event repeated tests are necessary to approve and certify the system, a fee to
witness the tests shall be charged to the developer on the basis of time and materials
for each additional test.
d. The city shall also assess a fee for any additional inspection which is done by the city
in connection with the utility system installation.
6. Marketing. The developer shall offer all lots to which utilities have been extended for sale
upon city acceptance of the utility extensions.
7. Reimbursement.
a. Subject to the prior appropriation or approval of the city council, the agreement may
contain a provision providing for reimbursement of design and construction costs up to
a specified amount not to exceed a maximum amount of 50 percent of design and
construction costs from a program fund.
b. Reimbursement shall only be included in the agreement if the utility extension is to
Undeveloped Land.
c. Reimbursement shall be conditioned on proof of compliance with all provisions of this
chapter.
C. Expanded capacity.
1. The city may, at its discretion, require the developer to install higher capacity water or
sewer lines or facilities than are required to serve just the developer's needs.
2. If the city requires a higher capacity line or facility than is needed by the developer, the
city shall reimburse the developer for the additional costs associated with the larger line.
i
CITY OF SEWARD, ALASKA
ORDINANCE 2023-005
5.22.075 Application required.
A. In order to be eligible for consideration for reimbursement, the developer must submit the
required application prior to beginning work on any utility extension to the undeveloped
property.
B. The application must be completed in full and the filing fee paid in full.
C. The ci clerk will submit a notice of filing to the applicant and the city manager within ten
days of receiving the application so long as the application sections have been completed,
the application is signed and dated, and the application fee has been paid in full.
5.22.085 Application content.
The developer's application shall include the following:
A. A statement of the properties owned by the developer.
B. The total estimated cost of installation of the improvement.
C. Disclosure of any outstanding liabilities owed to any public utilities, contractors or other
persons on or regarding the property.
D. Disclosure of any violations regarding safety, health, or land use laws applying to the subject
property.
E. Details regarding the purpose and use of developer's property and the ways in which the use
promotes the public interest and complies with the city comprehensive plan.
F. A statement by the developer that the city council may reimburse all, none or a portion of the
pro-rated share of the improvements under Title 5 and the developer accepts the developer's
obligation to pay the pro-rated share of the assessment.
5.22.095 Approval process.
A. No more than three regularly scheduled council meetings after receiving the notice of filing
and complete application from the clerk, the city manager shall submit a written memorandum
to council, which includes a recommendation to approve or deny the application, a
recommended amount of reimbursement, if any, and a statement regarding the reasons for
granting or denying the application.
B. Along with the written memorandum, the city manager shall prepare a resolution for council
consideration. The legislation provided to council shall include:
1. The reimbursement amount;
2. The estimated project amount; and
3. Appropriation of funds.
C. Council shall adopt, change the amount of reimbursement, or deny the city manager's
recommendation by resolution.
D. Council's decision to reject or accept the recommendation shall be the final decision by the
city.
CITY OF SEWARD,ALASKA
ORDINANCE 2023-005
5.22.105 Completion report.
Following project completion, the developer shall submit a completion report that includes an
itemized report, with supporting documentation, of the actual direct cost of the utility extension to
the developer.
5.22.115 Reimbursement.
A. No more than two regularly scheduled council meetings after the city manager receives the
completion report from the developer, the city manager shall submit a reimbursement request
to the finance department for the amount listed in the approved resolution.
B. If the final amount of the project exceeds the amount listed in the approving legislation, the
city manager shall prepare a second piece of legislation for council consideration. The
legislation shall include:
1. The final project amount; and
2. An additional appropriation of funds.
C. Council shall adopt or deny the city manager's recommendation.
D. Council's decision to reject or accept the recommendation shall be the final decision by the
city.
5.22.135 Notice of lack of funds. -
In the event no are available for the program, a notice of the lack of funding shall be posted on the
city website.
Chapter 5.25. - Municipal Service Areas
5.25.010. - Created.
(a) Two service areas within the city are hereby created, denominated zone one and zone two,
with municipal services within each zone being as follows:
(1) Zone one may receive all municipal services;
(2) Zone two may receive all municipal services except sewer, water, and fire protection.
(b) The providing of municipal services is within the discretion of the city council and subject
to its determinations. The services provided in each zone, listed above, are general guidelines
only, and exceptions may be made by the city if circumstances warrant or require exceptions.
5.25.015. -Areas designated.
(a) These zones are described as follows:
(1) Zone one shall be that area within the city limits included in the following sections:
Sections 27, 28, 33, 34, Township I North, Range 1 West; Sections 3, 4, 9, 10, 15, 16,
Township 1 South, Range 1 West; Seward Meridian.
(2) Zone two shall be that area within the city limits included in the following sections:
Section 35, Township 1 North, Range 1 West; Sections 1, 2, 11, 12, 13, 14, Township 1
South, Range 1 West; and Sections 7, 8, 9, 16, 17, 18, Township I South, Range 1 East;
Seward Meridian.
CITY OF SEWARD, ALASKA
ORDINANCE 2023-005
(b) All areas brought into the city by future annexations shall be in zone two until reclassified
by ordinance.
5.25.020. - Differential tax levied.
There shall be a differential tax rate levied in each zone, and that rate shall be related to the
estimated cost of services provided in that zone.
Chapter 5.30. - Personal Property Tax
5.30.010. - Method of assessment.
All taxable property must be assessed at its true and full value, and all assessments shall be unifonn
and equal and based upon the actual value of the property assessed.
Chapter 5.35. - Sales Tax
5.35.010. Definitions;
in this ehapter, unless the eontext speeffien1b, indieates other-wise, the meaning of terms
used in this ehapter shall be as fellowsl
Business-• Aleans any aetivity engaged in by any person, or caused to be engaged
him, with the object of gain, benefit or advantage, either direet or- indireet.
1.11 V1J 41{Ly computed
property(1) Every person in the eity who makes any retail sale or- sales of tHfIgible persofift
property or serviees or- who leases ot! Fents any tangible pemonal or- real
„ty, the pts f.-..,., ,.,i,ie ., a taxed by this .,1,.,..tertangible personal property for-(2) Every per-son engaged in the business of making any retail sales or- rentals of
7 storage
a. 7 oeenpies or uses,permanenfly or temporarily,directly or 7
agent,or through n subsidiary or by whatevet= name ,
an of-flee, place 0
distributien7 sales eiF sample room or- 7
agent,plaee of business in this city;
b. Uns any representative, Operating
taking in
eity under the auther-it� of any per-son or his subsidiary for the purpose -of
selling, delivering, or any orders for any tangible personal property;
uses,e. Every person who eonsumes, stores eF distAbutes tangible
property,
whether- pur-ehased or self pr-odueed by stieh person, to be used o
eonstinted in this it- ,
d. Every• person who as a representative,
principal, agent or- soheiter- for- aft out of city
9 7
CITY OF SEWARD, ALASKA
ORDINANCE 2023-005
Dist4bution• tangible
consumption, or storage by the distributee, and the 7 storage b'
personal pr-oper-ty by a perion who has 7 manufactured, refined,
resale or any use, eonsumption, oir a
Employee-. Aleans a per-son e otherwise exempt under- this ehapter
and who is entitled to woidier's-eompensittitin eover-age from the employer,
employee'semployer makes all normal deduetions from the
7 bf
withholding, but
not limited to,state and federal soeial 7
unemployment and employment
1_.
> .qdo Me fiisYl i,b " r employee.
tangible
are sold or F r which tangible nl property al property nt d h e
wi�. uviu vi ivi •.iiiyii �4„�.iVly personal NI tJl V� ,' ,
whether- imoney or- otherwise, and ineludes any amoHHt F l.hieh editiS giVeft to
or- lessee by the
without any deduetion therefrom on aeeouR4
7 7 7
used,of the eost of the pr-opeffy sold, the cost of materials
labor !osts (whether
incurred in the manufacture or installation of tangible personal py-oper-ty or otherwise)-,
transpoFtation b ?
gross losses or any other-expenses whatsoever, Cash diseounts allowed
taken on sales are not ineltided in the
b 7
tangible ser-viee eharges or- ifitef!est from credit extended on sales of
bprice,for- deferred ments of the urchase
sepitrately from the selling pFiee of the artiele. if used articles are taken in tirade, or in a
series of trades as a er-edit or part payment on the sale of new or used kder-al r-etaileir's exeise tax or- state excise taxes :f the tii*es are billed to the purehaseF
gross the tax levied
in this ehapter- shall be paid on the net difference between the
the new or e.1 artieles and the er-edit for the used or-tieles.
Apply to tangible personal pr-opert�, imported into this
ti �export"
other areas in the state or from other- states as well as from foreign eotintries, and
and "exported"
tangible appb, to
withi��h th tnln thee- tate� ll to fore g tries
n the�CiiiG-[T1=aCiLGTT•'CaL�T��T'CO'TVrG2b7T'CU'Llll if-i'Cr
hi this eity oi- in the eitj, Aleans within the municipal boundar-y limitS Of the City
Se r.l Alaska.
Lease or rentat Means the leasing or r-enting of tangibte personal proper-t�, and real.
without transfe
proper-", or- the possession or use thereof by-the lessee f-. - e—sider
of the title to the property.
Vl filly Ll
E1fy mange of Seward or his dnr;.,,,n
cooperative,
Ron. Al ember-ship
> corporation, estnte, >
business tirust, trustee in
bankruptey, reeeiver-, auctioneer, syrdtesteassignee, club, society, sFtlrei: oir
unit,combination neting as a subdivision, private,
CITY OF SEWARD, ALASKA
ORDINANCE 2023-005
Rewilem Means every per-son b b
ed in the business of making iretail sales of tangible
and providing taxable r s definedn s chapter.
personal property- i thiNri .
tangibleRetail sale or sale at retait Means a sale to a eenstimeir or to any peFson for any purpos-e
in the form of ersonal 7 other- than for- 7
or- seFN,iees taxable under-
this 7 and ineludes any tr-nnstietion as the eity 7 upon investigation,
finds t-o
be in lieu of a sale. Sales for- resale must be made in striet eomplinnee with this ehapten Any
peirson making a sale for resale which is not in aeeer-dance with this chapter shall himself b
liable for payment of the tax. ftRetail sale" OF "sale !t
ineludes but is not limited to:
(1) Cash oF in kind eonsideration for- the sale oir ehar-ges for- any room oF r-oofnsi
Io0d eeor"mmocdations or board furnished by an owner or ^entrir2tor- in afi7
motel, • 9 iHdustirial , tourist camp, tourist 7 eamping grounds,
club or any other plaee in whieh r-ooms, lodging spaee or aeeemmodations or board
are r-egulaNy funtished to transients or residents for consideration. in ease of stt
rooms, lodging, spue-e, aecommodation5 0'1'—b6"-scrc'aa- furnished by owners or
tangiblecontractors, the owners or eontr-aetor-s shall pay the tax;
(2) Sales of to ?
nature, beeattse of the
operation of the business or- its very
registration,
whieh to keep reeords, or the laek of adequate 9
or beeause the persons are
engaised in reason,serviee or for
registration there is likelihood
that the 601 will lose tax funds due to the diffieulty of polieing the business
operations. The city manager may require vendors or sellers to such per-sons to
collect the tax imposed by this chapter on the cost price of the tangible perso
property sold to stieh persons and may r-effise to issue eer-tifieates of
(3) _ _Thorendition of any taxable service;
both,(4) The purehase of supplies and equipment tiged or eensumed in the f-abrieating of an
artiele of tangible personal pFoper-t-
y or in the per-for-fnitnee of a taxable service.
Sale. Means for eonsideration, any transfer of title or- possession, eir exchange,
whatsoever,
of tangible per-sonal pr-oper-ty, afty lease or ad any rendition of
furnish,taxable service, and includes the fabrieation of tangible personal property for consumens
who
either indireetly, the materials used in f-abrieation; and the
7 oir b for- a consideration of any tangible
furnishing,eonsumed on the premises of the person
weighed,personal property. A tr-ansaetion whereby th of proper"r is transferred, but the
seller- retains title as seeurit�, for the payment of the cost priee is a sa
Storage. Means any keeping or retention of tangible personal property for use,
consumption or distrihbiu�fiom. in this eity, or- for afty purpose other than the sale at retail in
the r-egular eourse of business;
Tangible personal property. Means personal property whieh may be seen,
t!
measured, touched,
CITY OF SEWARD, ALASKA
ORDINANCE 2023-005
personal T_1 does not include > bonds, note 7 1of other- obligations
seetir-ities-.
tangible
tangible
Taxable -serwiee.Means anima-ser}iee whatsoever, ,A-hether- professional, pe ;
employee to an empleyer.
5.35.010. -Imposition of sales tax.
A. There is levied and imposed upon all sources taxed by the Kenai Peninsula Borough, and
in the manner provided by the borough in its present code of ordinances Chapters 5.18 and
5.19 as amended from time to time, and in addition to all other taxes and fees of every kind
now imposed bV law, a consumer's sales tax on all retail sales of tangible personal property,
the lease or rental of tangible personal property or real property, and the purchase of
taxable services, the same to be collected in the amount of four percent of the gross proceeds
of each taxable sale or taxable service.
B. The obligation to pay the sales tax is on the purchaser, consumer, renter, or lessee. The
seller, retailer, dealer, service provider, lessor, and all persons making a retail sale, shall -
collect the sales tax_at the time of payment for the retail sale, taxable sale, or taxable service,
and shall remit all sales taxes collected under this chapter to the Kenai Peninsula Borou-h
in accordance frith AS 29.35.170 and Chapter 5.18 of the Kenai Peninsula Borough Code.
5.35.015. -Incorporation of borough sales tax ordinance- Administration.
Unless otherwise provided in this chapter, Chapters 5.18 and 5.19 of the Kenai Peninsula
Borough_Code of Ordinances is incorporated herein as if fully set forth;provided that provisions
of the borough ordinances shall be read to apply to the City of Seward whenever the reference
to the city is appropriate and the context requires it. In the event of any conflict between
Provisions of Chapters 5.18 and 5.19 of the Kenai Peninsula Borough Code of Ordinances and
the provisions of this Chapter the provisions of this Chapter shall control. The Kenai Peninsula
Borough shall assess and collect the sales and use taxes levied by this chapter in accordance with
AS 29.35.170 and Chapters 5.18 and 5.19 of the Kenai Peninsula Borough code of ordinances.
5.35.020. - Secrecy of information.
Except in accordance with proper judicial order, and except incident to necessary communication
with city officials or attorneys, or as provided by law, it is unlawful for the city manager or any
agent, auditor, or other officer or employee to divulge or inake known in any manner the amount
of sales, the amount of taxes paid, or any other particulars set forth or disclosed in any return
required by this chapter. Nothing in this chapter shall be construed to prohibit the publication of
statistics so classified as to prevent the identity of particular reports or returns and the items therein,
or to prohibit the inspection by the legal representative of this city of the report or return of any
taxpayer who applies for a review or appeal from any determination or against whom an action or
CITY OF SEWARD,ALASKA
ORDINANCE 2023-005
proceeding is about to be instituted or has been instituted to recover any tax, penalty, or interest
imposed by this chapter.
5.35.025. -Exchange of information with tax officials.
Notwithstanding the provisions of§ 5,35.020, the city manager may furnish to the tax officials of
the state or its political subdivisions, or any other state and its political subdivisions, the District
of Columbia, and the United States and its territories, any information contained in tax returns and
reports and related schedules and documents filed pursuant to this chapter, or the report of an audit
or investigation made with respect thereto; provided that said jurisdictions grant similar privileges
to this city and that the information is to be used only for tax purposes.
5.35.030. - Personnel, supplies, equipment, and other expenses.
The city manager may employ all necessary personnel, purchase supplies, purchase or rent
equipment and incur other expenses necessary for the administration of this chapter.
5.35.035. imposition of sales tax.
(a) There is levied and imposed, in addition to all other taxes and fees of every kind nom
ed by law, a eensumer's sales tax on all retail sales of tangible personal property,
1 the purehase of
flat-JPnQP tqr- rental of tangible personal property oF iFeal p .
taxable si same to be eolleeted in the amount of the 7 b
Beginningfess
preeeeds of eaeh taxable sale or taxable serviee. ril ,
2003, the sales tax
affle nt to be collected shall be four peree-ut of the gr- Aeach taxable sale or
taxable
(b) !The obligation to pity the sales tak is on the > > renter,
or-lessee. The
sdealer, service provider, lessor, and all persons making a retail sale,
sale,eeileet the sales tax at the time of payntent for the retail taxable sale,
or- taxable
- ._!e, and shall remit all sales taxes eolleeted under-this ehapter-to the Kenai Peninsul
Boo-,ug aeeoFdonee with AS-29.35.1?�d Chapters—5.18 and 5.19 of the KonaPeninsula Borough Codew
5.35.040. -Exclusion and exemptions.
"Retail sale," "sale at retail" or "sale" does not include:
(1) Casual, isolated sales of property and services or the rental of personal or real property
not in the regular course of the business of the seller;
(2) Hospital services and medical services performed by licensed medical doctors, dentists,
osteopaths, optometrists, chiropractors, state-licensed private nurses, speech and hearing
pathologists, physical therapists, acupuncturists, state-licensed psychologists,
psychological associates, and licensed clinical social workers, and retail sales of
medicinal preparations, drugs or appliances under a written prescription from one of the
foregoing;
CITY OF SEWARD, ALASKA
ORDINANCE 2023-005
(3) Retail sales, services and rentals to religious and charitable organizations in the conduct
of their regular religious and charitable functions and activities as defined by the revenue
laws of the United States;
(4) Retail sales, services and rentals to or by nonprofit schools, in the conduct of their
regular functions and activities;
(5) Subscriptions to newspapers and periodicals;
(6) Retail sales, services and rentals to the United States, the State of Alaska, or any
instrumentality or political subdivision of either;
(7) Dues or fees to clubs, labor unions, and fraternal organizations;
(8) Sales of animal food, seed, plants and fertilizers to farmers using such commodities to
produce goods for sale;
(9) Retail sales of real property. Services performed by a real estate broker or agent are not
exempt under this chapter;
(10) Retail sales or rents which the city is prohibited from taxing by the constitution or laws
of the United States or the State of Alaska;
(11) Services performed by morticians licensed under AS 08.42.020, and retail sales of
funeral supplies by such persons;
(12) Receipts of nonprofit schools and student organizations within the schools for extra-
curricular activities or events;
(13) Sales and services by banking institutions and savings and loan institutions in the
ordinary course of business of banking and savings and loan operations;
(14) Purchases made with food coupons, food stamps, or other type of certificate issued
under 7 U.S.C. 2011-2025 (Food Stamp Act).
(15) housing rental payments by seniors, disabled residents, and disabled veterans made
under the following conditions. rental payments for a dwelling unit for a permanent place
of abode by a resident who is at least 65 years of age, or who is a disabled veteran or a
disabled resident. Disabled veteran has the meaning provided in Kenai Peninsula
Borough Code ("KPBC") section 5.12.105F.3., and the term disabled resident has the
meaning provided in KPBC section 5.12.110, as those provisions are now enacted or may
be hereinafter amended. Dwelling unit means a house, apartment, or room in a residential
facility such as congregate housing or assisted living. Permanent means the tenant has
lived within the Kenai Peninsula Borough for a minimum of six months and is a resident
of the State of Alaska. The landlord must accept an affidavit on a form provided by the
Kenai Peninsula Borough ('Borough") or otherwise acceptable to the Borough
administration from the tenant as proof of age and eligibility for this exemption. If any
person under 65 years of age, other than a spouse, resides in the dwelling unit with a
qualifying senior, the exemption may not be granted unless the senior is the principal
source of support for such person less than 65 years of age, or unless the person qualifies
as a disabled veteran or a disabled resident. This exemption shall also apply to a resident
at least 60 years old who is a widow or widower of a person who qualified for this
exemption as a senior citizen or a disabled veteran. Policies and procedures for obtaining
this exemption shall be as established by KPBC section 5.18.200A.16.
CITY OF SEWARD, ALASKA
ORDINANCE 2023-005
5.35.045. - Computation—maximum tax.
The tax shall be applied only to the first $500.00 of each separate sale, rent or service transaction.
The payment of rent,whether for real or personal property, in excess of$500.00 and for more than
one month shall be treated as several separate transactions covering the rental for one month each.
A transaction involving payment for services or personal property to be rendered or delivered over
a period of more than one month for a consideration in excess of$500.00 shall be treated as several
separate transactions occurring one each month over the period of time that the service or property
is rendered or delivered.
5.35.050. - Repealed by Ord. No. 2002-I3, § 2.
5.35:055. -Cornp..}�, addition of tax to total price; tax sehed le.
three pereent of the sale price,(a) The amotint of the sales tax to be added to the sales pr-iee, ehar-ge oF rental shall be
aggregateeliminating any fraetion of one half eent or less and by inereasing any fraetion Over one
half eent to the next highest eent. Faeh seller shall be furnished the sehedule of tax
payable on eoeh tnxable amount frem $0.01 to S-100.00. Any one sale of items s .
Beginning April 1, 'J
the amoun
A--f the--s-ales. tax to be added to the sale pr-iee, eharge or rental shall be inereased by one
pei e^.11t to 1V{ll ,Je1{.4111 V1 41lb JNlI. NYll.11' YbA or rental.
basis,
without r-efeFenee to the amount paid plueed on a rti 1 + t
5.35.060. Absofption of tax prohibited.
No per-son shall ndvertise or hold out to the > > direetly or indireetly,
that he wfl!absorb all or any part of the sales or-use tax, or that he will relieve the purehaser,
eonsu°mere ED .
5.35.065. - Refund of taxes.
(a) If a taxpayer pays sales and use taxes under protest, lie may bring suit in the Superior Court
against the City for recovery of the taxes within six months thirty (30) days of denial of a
timely filed claim for refund. If judgment for recovery is given against the City, the City shall
refund the amount of the taxes to the taxpayer.
(b) If a remittance by a taxpayer through error or otherwise exceeds the amount due under this
chapter, and the City or the Kenai Peninsula Borough, on audit of the account in question, is
satisfied that this is the case, the City shall refund the excess to the taxpayer. A claim for
refund file after threeyears from rm mbe 31 of theyeaf! „hieh the taxes beeame-
due and payable is forever barred. is barred unless the claimant files a clahn for refund
with the Kenai Peninsula Borou,-h within one year of the date of sale, on the form
prescribed by the Borough.
CITY OF SEWARD, ALASKA
ORDINANCE 2023-005
Chapter 5.40.- Visitor Assessment Fee
Repealed effective December 31, 1995.
Chapter 5.45.- Hotel/Motel Room Tax
5.45.010. - Definitions.
As used in this chapter:
City manager means the city manager of the city or the designee of the city manager.
Guest means a person paying or agreeing to pay monetary consideration for the use of a room
or rooms in a hotel/motel for a term of less than 30 consecutive days.
Hotel/motel means a structure or portion of a structure located in the city which is rented or
offered for rent for a term of less than 30 days for dwelling, lodging or sleeping purposes and
includes hotel, motel, bed and breakfast, inn or similar structures, but excludes a structure or part
of a structure rented or offered for rent solely in connection with a principal business or
institutional purpose other than providing meals,lodging,entertainment or recreation; for example,
a hospital or university dormitory.
Operator means a person who furnishes, offers for rent or otherwise makes available rooms
in a hotel/motel for monetary consideration whether acting directly or through an agent or
employee.
Quarter means a three-month period commencing January 1, April 1, July 1 or October 1.
Rent means the amount paid as monetary consideration for the use of a room or rooms in a
hotel/motel by a guest. Rent includes all monetary consideration payable as a condition of
obtaining lodging, regardless of whether the consideration entitles the guest to services other than
lodging (for example, meals) where the consideration is payable regardless of whether the guest
uses such other services.
5.45.015. - Levy of tax.
(a) There is hereby levied a tax on all hotel/motel rent equal to four percent of the hotel/motel
rent.
(b) Rent paid by the United States or the state is exempt from the tax levied by subsection(a)of
this section insofar as the United States and the state are immune from taxation.
5.45.020. - Payment and collection of tax.
The guest is responsible for paying the tax levied by this chapter, and the tax shall be due and
payable at the time rent subject to the tax is due and payable. The operator shall collect the tax
when the operator collects the rent. The operator shall state the tax as a separate item on the guest's
bill.
5.45.025. - Tax receipts, returns and records.
(a) Title to all tax collected under this chapter vests in the city upon collection. The operator
shall segregate the hotel/motel tax that it collects from any of its other funds and safeguard the tax
that it collects until transmitted to the city as provided in this section.
CITY OF SEWARD, ALASKA
ORDINANCE 2023-005
(b) Except as provided in subsection (c) of this section, an operator shall submit to the city
manager a return on a form prescribed by the city of the hotel/motel tax collected during each
quarter on or before the last day of the month immediately following the end of the quarter.
(c) An operator who within the past six months (i) has failed to file either a hotel/motel tax
return or pay hotel/motel tax when due, and (ii) has not cured such failure within ten days
after the city has mailed written notice thereof to the operator, shall submit to the city manager
a return on a form prescribed by the city of the hotel/motel tax collected during each month
on or before the last day of the following month.
(d) The operator shall sign the return and transmit it together with the related hotel/motel tax on
or before the date the return is due. An operator that fails to deliver hotel/motel tax to the city
on or before the due date of the related return shall incur a penalty equal to ten percent of the
amount of the delinquent hotel/motel tax. In addition,the delinquent hotel/motel tax shall bear
interest at a rate of ten percent per year, compounded monthly, from the date of delinquency
until paid.
(e) Every operator shall maintain records of all hotel/motel rooms rented, rent collected and rent
exempt from hotel/motel tax,and such other books and accounts as are necessary to determine
the amount of hotel/motel tax the operator is required to collect. All such books and records
shall be maintained for a period of not less than three years and shall be available for
4 examination at reasonable times by the city manager to determine the correctness of a return
or the amount of hotel/motel tax payable or collected.
(f) When an operator fails to file a return as required by subsection (b) or (c) of this section, or
when the city manager finds that a return filed by an operator is not supported by the records
to be maintained under subsection(e) of this section, the city manager may prepare and file a
return on behalf of the operator. Hotel/motel tax estimated on a return filed on behalf of the
operator under this subsection may be premised upon any information that is available to the
city manager including, without limitation, comparative data for similar businesses. An
operator for whom an involuntary return is filed under this subsection shall be liable for the
hotel/motel tax stated on the return as well as the penalties and interest provided in subsection
(d) of this section and in section 5.45.040 of this chapter.
5.45.030. - Confidentiality of returns.
(a) All returns filed under this chapter and all data obtained from such returns are confidential
and may not be inspected by persons other than those authorized to enforce the provisions of
this chapter.
(b) Subsection (a) of this section does not prohibit the city from collecting or publishing
statistical data devised from returns filed under this chapter, provided that the data are
cumulative and do not identify particular returns or operators.
5.45.035. - Operator's certificate of registration.
(a) No person may engage in business as a hotel/motel operator in the city without first obtaining
a certificate of registration under this section. A separate certificate is required for each of an
l _ operator's hotel/motel locations.
CITY OF SEWARD,ALASKA
ORDINANCE 2023-005
(b) An operator shall apply to the city clerk for a certificate of registration on a form prescribed
by the city not later than ten days from(i) the later of the effective date of this chapter and the
date of commencement of its business as an operator, and (ii) the date it commences business
at a new hotel/motel location.
(c) The certificate of registration shall be displayed prominently at the registered place of
business.
(d) A certificate of registration may not be assigned or transferred. If an operator ceases to
engage in business as an operator at the registered place of business or changes its form of
business organization, the certificate of registration expires and shall be surrendered to the
city clerk for cancellation.
5.45.040. - Prohibited acts, collections, penalty.
(a) No person may fail or refuse to pay the tax imposed by this chapter to an operator authorized
to collect the tax.
(b) An operator may not advertise or state to the public that the hotel/motel tax or any part
thereof will be assumed or absorbed by the operator, will not be added to the rent, or will be
refunded.
(c) Hotel/motel taxes due but not paid, or collected but not transmitted to the city, may be
recovered in an action at law against the operator. Tax returns shall be prima facie proof of
taxes collected but not transmitted.
(d) An operator who willfully fails to collect the tax levied by this chapter shall be subject to a
civil penalty equal to twice the amount of the tax which should have been collected.
5.45.045. - Regulations.
(a) The city manager may adopt regulations upon approval by the city council applying and
interpreting this chapter and may prescribe forms required for the administration of this chapter.
(b) A guest or an operator may apply to the city manager for a ruling on the application of this
chapter to the guest or operator. If the city manager determines that such a ruling has general
application, it may be adopted as a regulation upon approval by the city council.
Chapter 5.50. - Real Property Tax
5.50.010. - General.
(a) All real property in the city is subject to annual taxation by the city except real property
exempt under the constitution of the state, the applicable laws of the state, ordinances of the Kenai
Peninsula Borough, the City Charter or the ordinances of the city.
(b) The council shall annually determine the rate of levy before June 15.
(c) The Kenai Peninsula Borough shall assess and collect the real property taxes levied by the
city in accordance with AS 24.45 and Chapter 5.12 of the Borough Code of Ordinances now
in effect and as each may hereafter be amended.
i
CITY OF SEWARD, ALASKA
f ORDINANCE 2023-005
t
5.50.021. -Exemptions.
(a) Exemption for exterior aesthetic enhancement.
(1) Purpose. The purpose of this subsection is to encourage owners to improve the exterior
aesthetic quality of their real property.
(2) Exterior aesthetic enhancement.
a. An owner of real property may apply to the city for an exemption from that portion
of city real property taxes resulting from an increase in assessed value of
improvements to real property if the increase in assessed value is directly attributable
to alteration of the natural features of the land or new maintenance, repair or
renovation of an existing structure, and if the alteration, maintenance, repair or
renovation, when completed, enhances the exterior appearance or aesthetic quality
of the land or structure. An exemption may not be allowed under this subsection for
the construction of an improvement to a structure if the principal purpose of the
improvement is to increase the amount of space for occupancy or nonresidential use
in the structure or for the alteration of land as a consequence of construction activity.
b. An exemption provided in this subsection shall continue up to four years from the
date the improvement is completed, or from the date of approval for the exemption
by the local assessor, whichever is later.
c. In order to qualify for this exemption, an applicant must file with the city manager a
written application within 30 days after the mailing of the Kenai Peninsula Borough
notice of assessment for the year which the exemption is sought. The application
shall be on a form prescribed by the city manager, and shall include all information
deemed necessary to determine eligibility of the property for the exemption. If the
applicant fails or refused to provide the information required by the city, within the
time period set, the exemption shall be denied.
(b) Exemption for fare fighting and emergency medical service volunteers.
(1) Partial exemption. An owner of real property may apply to the city for an exemption
from city taxation in an amount not to exceed $10,000.00 of the assessed value of real
property owned and occupied as a permanent place of abode by a city resident who
provides in the city (a)volunteer fire fighting services and is certified as a fire fighter by
the Alaska Department of Public Safety, or(b)volunteer emergency medical services and
is certified under AS 18.08.082. If two or more individuals are eligible for an exemption
for the same property, not more than two exemptions may be granted. This exemption
applies only to city real property taxes.
(2) Qualifying for this exemption.
a. To obtain this exemption, an individual must complete an application in the form
prescribed by the Kenai Peninsula Borough Assessor("assessor"), and shall include
all information deemed necessary to determine the eligibility of the applicant and the
real property for this exemption. An application must be filed annually with the
assessor no later than January 15 of the tax year for which the exemption is sought.
b. In order to qualify for this exemption, an applicant must be certified as a current and
active volunteer of the Seward Volunteer Fire Department by the fire chief and meet
CITY OF SEWARD, ALASKA
ORDINANCE 2023-005
the other criteria established by this section as of January 1 of each assessment year
for which the exemption is sought. The city will submit the names of current and
active volunteers annually to the assessor.
c. If more than one individual is eligible for an exemption for the same property, each
individual must submit an application. If the applicant fails or refuses to provide the
information required by the fire chief, the assessor, or this section within the
established time period, the exemption shall be denied.
(3) Definitions. For purposes of this section, the following terms shall have the meanings
given below:
a. "Real property," "own and occupy,"and 'permanent place of abode"shall have the
meanings given to them in Kenai Peninsula Borough Code Section 5.12.105(F);
b. "Active volunteer"means a person meeting the training, response, and participation
criteria as established by the city's fire department;
C. "City resident"means a person who has a permanent place of abode in the city, and
who, when absent, intends to return to the city; and
d. "Fire chief' shall have the meaning given in Seward City Code §§ 2.25.050 and
9.15.215 and include the fire chief s designee.
Section 2. This ordinance shall take effect ten (10) days following its enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA
this 13th day of March, 2023.
THE CITY OF SEWARD, ALASKA
Sue McClure, Mayor
AYES: DeMoss, Wells, Finch, Barnwell, Calhoon, Osenga, McClure
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Of sEk;
Kris Peck •'•• '''4����`9�•,�'•
G G r'
4 .
Deputy City Clerk
f • SEAL
+. ®
(City Seal)
,�+11811121►"��
City Council Agenda Statement
Meeting Date: February 27, 2023
To: City Council
From: Brenda Ballou, City Clerk
Agenda Item: Ordinance 2023-005: Amending Seward City Code Title 5 — Revenue and
Finance
Background and Justification:
The purpose of this ordinance is to complete the update for Title 5 part of the city's recodification
effort. In 2022, several ordinances were enacted to amend portions of Title 5, and this ordinance is
intended to update the remaining portions.
Key:
The Source column indicates who brought the change forward (Atty=City Attorney, Mgr=City
Manager, Clerk=City Clerk)
Code Citation Source Amendment
5.05.010 d 2 Mgr Adding clarifying language for clerk/council budget.
5.20.120 Atty Strike entire section (obsolete).
5.35.010 Atty Strike section 5.35.010 — Definitions and replace with section 5.35.010 —
Imposition of sales tax.
5.35.015 Atty Update title of section; add new language.
5.35.035 Atty Strike entire section.
5.35.055 Atty Strike entire section.
5.35.060 Atty Strike entire section.
5.35.065 Atty Update in accordance with KPB code.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan: 2.2.8 and 3.7.1.3: Continue to review and update the city code.
Strategic Plan:
Other:
Certification of Funds
Total amount of funds listed in this legislation: $
This legislation (✓):
Creates revenue in the amount of: $
Creates expenditure in amount of: $
Creates a savings in the amount of: $
Has no fiscal impact
104
Funds are (✓):
Budgeted Line item(s):
Not budgeted
Not applicable
Finance Signature: N/A
Attorney Review
✓ Yes Attorney Signature:
Not Comments: Recommend work session to consider
applicable status and policy of taxation of internet
sales and current sales tax rate
Administration Recommendation
e✓ Adopt Ordinance
Other:
105