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HomeMy WebLinkAboutRES2023-088 Electric Charter Change CITY OF SEWARD, ALASKA Sponsored by: Regis RESOLUTION 2023-088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, SUBMITTING THE QUESTION OF AMENDING SEWARD CITY CHARTER CHAPTER 13.4 DISPOSAL OF MUNICIPAL UTILITY PLANTS AND UTILITY PROPERTY AT A REGULAR ELECTION IN AND FOR THE CITY OF SEWARD ON OCTOBER 3,2023 WHEREAS,the Seward City Charter may be amended by proceedings commenced by the vote of four members of the council; and WHEREAS, Seward City Code 4.05020(c) states, "A resolution is required to place a proposition on the ballot for the voters and must be enacted at least 53 days or more before a regular election, and at least 60 days or more before a special election; and WHEREAS, the amendment to Charter 13.4, if approved by the city's qualified voters, will amend the approval percentage requirement from 60% to a majority which is required to dispose of municipal utility plants and utility property; and WHEREAS,at least four members of the council have determined it is in the best interests of the city and its residents that the Charter amendment be put in forth to the City of Seward qualified voters. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA,that: Section 1. The City shall submit the following proposition to the qualified voters of the City at the October 3,2023, regular city election: Proposition No. 2 Seward City Charter Amendment Shall the City of Seward Charter Chapter 13.4 be amended to read as follows: (new language is underlined and bolded, and deleted language is stricken): 13.4. Disposal of municipal utility plants and utility property. The council may sell, lease or otherwise dispose of a municipal utility or of property and interest in property used or useful in the operation of a utility only after a proposition to do so is approved by threes a majority of the electors of the city voting on the proposition. CITY OF SEWARD, ALASKA RESOLUTION 2023-088 Proposition No. 2 Yes No A yes vote approves amends the approval requirement language. A no vote retains the approval requirement language. Section 2. The amendment set forth in Section 1 shall become effective upon its approval by a majority of the qualified voters voting on the question at the October 3, 2023 regular election. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 24th day of July, 2023. THE CITY OF SEWARD ALASKA EitelYArelit rt. Sue McClure, Mayor AYES: Osenga, Calhoon, Wells, DeMoss NOES: Barnwell, McClure ABSENT: Finch ABSTAIN: None ATTEST: LL� Kris Peck City Clerk U....,,I (City Seal) �•`s% SEf�y �#,•,, A� o . dek SEAL • '••...gym.;" City Council Agenda Statement Meeting Date: July 24, 2023 To: City Council From: Norm Regis, Acting City Manager Agenda Item: Resolution 2023-088: Submitting The Question Of Amending Seward City Charter Chapter 13.4 Disposal Of Municipal Utility Plants And Utility Property At A Regular Election In And For The City Of Seward On October 3, 2023 Background and justification: The Seward City Charter may be amended by proceedings commenced by the vote of four members of the council. Charter Section 14.2. "When an amendment is proposed by the council, it shall be submitted at the time of any election to be held in the city not less than sixty days after its proposal by the council". Charter Section 14.3. Seward City Code 4.05020(c) states, "A resolution is required to place a proposition on the ballot for the voters and must be enacted at least 53 days or more before a regular election, and at least 60 days or more before a special election." The amendment to Charter 13.4, if approved by the city's qualified voters, will amend the approval percentage requirement to dispose of municipal utility plants and utility property from 60% to a majority. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Plan: 3.7.1.4 Upgrade and expand utilities Strategic Plan: 13.3 Utilities Other: Certification of Funds Total amount of funds listed in this legislation: $ 0 This legislation (✓): Creates revenue in the amount of: $ Creates expenditure in amount of: $ Creates a savings in the amount of: $ x Has no fiscal impact Funds are (✓): Budgeted Line item(s): Not budgeted x Not applicable Fund Balance Information Affected Fund (✓): General 71 SMIC Electric Wastewater 211 Boat Harbor Parking Water Healthcare Motor Pool PI Other Note: amounts are unaudited Fund Balance/Net position — unrestricted/unassigned $ Restricted/Unavailable Cash Balance: $ Available Unrestricted Cash Balance: $ Total Cash Balance: $ Note: Unrestricted Net Position represents the total non-capital assets of the fund less any liabilities while unrestricted cash represents the liquid spendable portion of these assets on a short-term basis. Finance Director Signature: No Fiscal Impact Attorney Review x Yes Attorney Signature: Not applicable Comments: If approved by voters this charter change will be applicable to a ballot proposition to sell the Electric Utility to Homer Electric Association appearing on the same ballot. Administration Recommendation xeApprove Resolution Other: 212