Loading...
HomeMy WebLinkAboutNon CodeOrd2009-005Sponsored by: Oates Introduction: July 13, 2009 Public Hearing: July 27, 2009 Enactment: July 27, 2009 CITY OF SEWARD, ALASKA NON-CODE ORDINANCE 2009-005 A NON-CODE ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROPRIATING $500 TO MAKE EXPENDITURES THAT COULD INFLUENCE THE OUTCOME OF AN ELECTION CONCERNING ADVISORY BALLOT PROPOSITION #2 WHICH ASKS THE QUALIFIED VOTERS IF THE CITY SHOULD INCREASE THE SALES TAX FROM 4.0% TO 4.5% WITH THE UNDERSTANDING THAT THE ADDITIONAL FUNDS ARE EXPECTED TO BE IN AN AMOUNT SUFFICIENT TO COVER A PORTION OF THE PROPOSED LIBRARY/MUSEUM OPERATING AND CONSTRUCTION COSTS WHEREAS, in 2003, the community selected a new library/museum project as part of the Seward Centennial celebration to reach completion by 2012, the l OOt~ anniversary of the incorporation of the city; and WHEREAS, the estimated cost of the new library/museum including planning, design, construction, project management, furniture and fixtures is $10 million; and WHEREAS, on June 22, 2009 Resolution 2009-054 was approved by the city council which will submit Advisory Proposition #2 to the qualified voters asking whether to increase the sales tax rate by 0.5% to fund operating and capital costs of the new library/museum, with the understanding that sales tax revenues cannot be dedicated for a specific purpose; and WHEREAS, a 0.5% increase in sales tax is expected to generate approximately $500,000 per year that could assist paying the annual general obligation (GO) bond payments; and WHEREAS, the intent for the increase in sales tax is expected to fund operating and capital costs associated with the construction and ongoing maintenance of a new library/museum; and WHEREAS, over $l million has been committed to this project through private donations, grants, city contributions and professional in-kind services; and WHEREAS, the library/museum building committee plan includes raising $1 million from private and individual foundations and donations, and $4-5 million from state and federal funding; and WHEREAS, the remaining $5 million would come from general obligation (GO) bonds if approved by the voters; and CITY OF SEWARD, ALASKA NON-CODE ORDINANCE 2009-005 WHEREAS, the estimated annual debt service on general obligation (GO) bonds fora 25-year period with an assumed 5.75% borrowing rate is approximately $380,000 per year, with the remainder of the additional sales tax available to be used to pay for increased operating, repairs, and maintenance costs; and WHEREAS, choosing to increase the sales tax places the burden of the new library/museum capital and operating costs on all individuals who benefit from city services, whether they live outside the boundaries of the City of Seward or are visitors; and WHEREAS, the city may need to expend municipal funds in order to educate the public about this project; and WHEREAS, the city council has determined it is in the public interest this issue be submitted to the qualified voters of the city; and WHEREAS, 2 AAC 50.356 and 2 AAC 50.360 allow for municipalities to seek budgeted municipal funds to influence the outcome of an election and require registering and reporting under AS 14.13.040 and AS 15.13.050; and WHEREAS, in order to educate the public in accordance with the provisions of 2AAC 50.360(b), the City Council must appropriate funds since the education process may influence the outcome of an election; and WHEREAS, under AS15.13.145, a municipality may not use money to influence the outcome of an election concerning a ballot proposition unless the funds have been specifically appropriated for that purpose by the elected body. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Council hereby appropriates and authorizes for expenditure $500, if needed, from the city manager's training and education account #101-1120-5160 to be used to influence the outcome of an advisory vote regarding a proposed increase in sales tax of 0.5%. Section 2. The City Council further directs and authorizes the city manager and other City officers, officials, and employees, as may be appropriate, to register and to complete and file all necessary reports, forms, and notices relating to election-related expenditures as required by law. Section 3. This ordinance shall take effect ten (10) days following enactment. CITY OF SEWARD, ALASKA NON-CODE ORDINANCE 2009-005 ,,,~ ENACTED by the City Council of the City of Seward, Alaska this 27t" day of July, 2009. THE CITY OF SEWARD, ALASKA F " .. ,, ~ '~,f. ~ ' i. ~ illard Dunham, Vice Mayor AYES: Valdatta, Kellar, Smith, Dunham NOES: None ABSENT: Bardarson, Keil, Corbridge ABSTAIN: None ATTEST: ,, Jean Lewis ~ C~Ky Clerk ,os~rrrawp~o (City Seal) •`~~ EZ~ ~~'~''~ ~'• ~ a ~4 ~''rRa d • a ""~-~. a.. ~ P ®~S ~' c~tl ~ ,; o s '~ ~ , ~- ~~ I/ rrrrrerir~Nrr ~2 '~ ~~~r~ei~~~~ ~ e~~ Council Agenda Statement Meeting Date: July 13, 2009 To: Mayor Corbridge, City Council Members From: Jean Lewis, City Clerk . Agenda Item: Expending public funds that could influence the outcome of an election -Library/Museum Sales Tax Increase Advisory Proposition #2 BACKGROUND & JUSTIFICATION: Advisory Proposition #2 will submit to the qualified voters the question of whether the city should increase the sales tax from 4.0% to 4.5% with the understanding that the additional funds are expected to be in an amount sufficient to cover a portion of the proposed Library/Museum operating and construction costs. AS 15.13.145 states that money held by a municipality may be used to influence the outcome of an election concerning a ballot proposition or question, but only if those funds have been specifically appropriated for that purpose by state law or municipal ordinance. The city foresees material possibly being disseminated by the Library/Museum Building Committee. Although the city is asking the qualified voters of the community to decide this issue, the city may find it needs to disseminate information on this subject to educate the public, therefore, this non-code ordinance authorizes the expenditure of public funds and provides the flexibility to expend funds if needed. Such information could influence the outcome of the election. The City is allowed to prepare and distribute neutral materials to educate the public on the proposition before them. However, under AS 15.13.145, a municipality may not use money to influence the outcome of an election unless the funds have been specifically appropriated for that purpose by the elected body. Since dissemination and postage would cost money, and the City may wish to educate the public on this matter, this non-code ordinance is needed to use budgeted municipal funds and follow the reporting requirements as stated in 2 AAC 50.360 and AS 15.13.140-155. TNTRNT~ To have budgeted funds available in case the city council found it needed to put out educational materials related to this matter and the new Library/Museum Project for Advisory Proposition #2. CONSISTENCY CHECKLIST: Where applicable, this resolution/ordinance is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: 13 FISCAL NOTE: If needed, funds would come from the City Manager Training and Education account #101-1120- 5160. Approved by Finance Department: i "~~-I~-~,~~L ~'7 RECOMMENDATION: City Council introduce and enact Non-Code Ordinance 2009-005 appropriating funds for the purpose of possible expenditures to educate the public which could influence the outcome of an election concerning advisory ballot proposition #2, which would increase the sales tax from 4.0 to 4.5% with the understanding that the additional funds are expected to be in an amount sufficient to cover a portion of the proposed Library/Museum operating and construction costs. ~~