Ordinance 15-36(A-2) Suspending the Dedication of 0.75 Sales Tax for HART for Three Years and Submitting the Question to the Voters

CITY OF HOMER
HOMER, ALASKA

Mayor

ORDINANCE 15-36(A-2)

AN ORDINANCE AMENDING HCC 9.16.010 TO SUSPEND THE DEDICATION OF 0.75% OF THE CITY SALES TAX TO THE HOMER ACCELERATED ROADS AND TRAILS (H.A.R.T.) PROGRAM FOR A PERIOD OF THREE YEARS, AND AUTHORIZING THE CITY TO SUBMIT THE QUESTION OF SUSPENDING SUCH SALES TAX DEDICATION TO THE QUALIFIED VOTERS OF THE CITY AT A SPECIAL ELECTION TO BE HELD IN THE CITY ON DECEMBER 1, 2015.

THE CITY OF HOMER ORDAINS:

Section 1.  Homer City Code 9.16.010 is amended to read as follows:

9.16.010  Levied.

a. A consumer’s sales tax in the amount of three and three-quarters percent is levied by the City on all sales, rents and services within the City except as the same may be otherwise exempted by law.

b. An additional consumer’s sales tax in the amount of three-quarters percent is hereby levied by the City of Homer on all sales, rents and services within the City except as the same may be otherwise exempted by law, for the purpose of funding debt retirement of the sewer treatment plant improvements, and to the extent revenues from such tax exceed such debt retirement obligations, for the purpose of funding water and sewer systems.

Section 2.  Homer City Code 9.16.010 is amended to read as follows:

9.16.010  Levied.

a. A consumer’s sales tax in the amount of three percent is levied by the City on all sales, rents and services within the City except as the same may be otherwise exempted by law.

b. An additional consumer’s sales tax in the amount of three-quarters percent is hereby levied by the City of Homer on all sales, rents and services within the City except as the same may be otherwise exempted by law, for the purpose of funding debt retirement of the sewer treatment plant improvements, and to the extent revenues from such tax exceed such debt retirement obligations, for the purpose of funding water and sewer systems.

c. An additional consumer’s sales tax in the amount of three-quarters percent is hereby levied by the City of Homer on all sales, rents and services within the City except as the same may be otherwise exempted by law, for the purpose of funding of street reconstruction improvements and related utilities, construction of new local roads, and construction of new local trails.

Section 3.  A special election in and for the City is called for December 1, 2015, at which the City shall submit the following proposition to the qualified voters of the City. The proposition must receive an affirmative vote from a majority of the qualified voters voting on the question to be approved.

PROPOSITION NO. 1

SUSPEND THE DEDICATION OF 0.75% OF THE CITY SALES TAX TO THE HOMER ACCELERATED ROADS AND TRAILS (H.A.R.T.) PROGRAM FOR A PERIOD OF THREE YEARS, TO MAKE SUCH 0.75% OF CITY SALES TAX AVAILABLE FOR GENERAL GOVERNMENT PURPOSES

Shall the dedication of 0.75% of the City sales tax to the Homer Accelerated Roads and Trails (H.A.R.T.) Program be suspended for a period of three years, to make such 0.75% of City sales tax available for general government purposes?

Section 4.  The proposition shall be printed on paper ballots and machine ballots, and the following words shall be added as appropriate next to an oval provided for marking the ballot for voting by hand or machine:

               PROPOSITION NO. 1

               O            Yes

               O            No

Section 5.  Section 1 of this ordinance shall become effective on January 1, 2016, but only if the proposition described in Section 3 is approved by a majority of the qualified voters voting on the proposition at the special election to be held in the City on December 1, 2015.  Section 2 of this ordinance shall become effective on January 1, 2019, but only if the proposition described in Section 3 is approved by a majority of the qualified voters voting on the proposition at the special election to be held in the City on December 1, 2015.  The remaining sections of this ordinance shall become effective upon adoption.

Section 6.  Sections 1 and 2 of this ordinance are of a permanent and general character and shall be included in the city code upon their respective effective dates.  The remaining sections of this ordinance are not permanent in nature, and shall not be codified.

ENACTED BY THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA, this 12th day of October, 2015.

CITY OF HOMER

______________________
MARY E. WYTHE, MAYOR

ATTEST:

____________________________

JO JOHNSON, MMC, CITY CLERK

AYES:

NOES:

ABSTAIN:

ABSENT:

First Reading:

Public Reading:

Second Reading:

Effective Date:

Reviewed and approved as to form:

                                                                                                                                                                                                  
Mary K. Koester, City Manager                                                          Thomas F. Klinkner, City Attorney

Date: _________________________                                              Date: _________________________