Ordinance 17-10(S)(A) Ballot Question to Amend HART Program to Use Revenues for Road and Trail Maintenance

CITY OF HOMER
HOMER, ALASKA

Mayor

ORDINANCE 17-10(S)(A)

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, SUBMITTING A BALLOT QUESTION TO THE VOTERS AT THE OCTOBER 3, 2017 REGULAR MUNICIPAL ELECTION INQUIRING WHETHER TO AMEND THE HOMER ACCELERATED ROADS AND TRAILS (HART) PROGRAM TO AUTHORIZE THE USE OF REVENUES FROM THE THREE FOURTHS PERCENT (3/4%) SALES TAX LEVIED TO SUPPORT THE HART PROGRAM FOR THE USE OF ROAD AND TRAIL MAINTENANCE AND AMENDING HOMER CITY CODE 9.16.010(C) ACCORDINGLY UPON APPROVAL BY THE VOTERS OF PROPOSITION NO.1.

WHEREAS, The HART Program (the “Program” or the “HART Program”) and the three fourths percent (3/4%) sales tax levy in support of the Program was first approved by the voters in October 1987; and

WHEREAS, The general intent of the Program, as approved by the voters of the City of Homer, Alaska (the “City”) in 1987, was to provide for the reconstruction of local substandard roads and/or upgrade existing City roads, thereby reducing maintenance costs, improving access, increasing property values, and improving the quality of life within the City; and

WHEREAS, In October 2006 the City voters reauthorized the Program for an additional 20 years and amended it to include the construction of new roads and trails; and

WHEREAS, Ten years later there is again a need to amend the Program to include maintenance of City roads and trails; and

WHEREAS, A dedicated funding source for road and trail construction, improvement and maintenance will establish these activities as essential and funding to continue to maintain and improve the City transportation infrastructure; and

WHEREAS, Road and trail maintenance includes:

gravel road surface grading, dust control, gravel purchase, and drainage ditch/culvert maintenance
pavement, curb, gutter and sidewalk repair, asphalt crack sealing, pavement stripping and sweeping
bridge maintenance, signage, right-of-way vegetation control, storm drain pipe/catch basin/ manhole cleaning and repair, street light maintenance and electricity costs
snow plowing and snow removal, snow dump site maintenance, purchase of sand, calcium chloride, and deicing chemicals, sanding, advertising and public notices
purchase of road and trail maintenance equipment and tools
for trails: vegetation control, trash pickup, signage, drainage, snow plowing, sanding, grading/resurfacing of gravel trails, sweeping of paved trails, and trail head maintenance

WHEREAS, Funding road and trail maintenance, construction and improvement through the Program will free up general funds for other essential City services; and

WHEREAS, The City Council will still be able to annually dedicate a large percentage of HART funds to capital projects to keep up with demand for road and trail improvements and new construction; and

WHEREAS, The City will continue to offer a special assessment district process as a mechanism for the improvement of local roads.

NOW THEREFORE, THE CITY OF HOMER ORDAINS:

Section 1: The Homer City Council finds that it is in the best interest of the community to ask the voters to authorize amendments to the Program to expressly permit the use of revenue generated by the HART Program dedicated sales tax levy for maintenance of local roads and trails.

Section 2.  The City shall submit the following proposition to the qualified voters of the City at the October 3, 2017 regular election. The proposition must receive an affirmative vote from a majority of the qualified voters voting on the question to be approved.

PROPOSITION NO. 1

AUTHORIZE THE USE OF REVENUE FROM THE 0.75% OF THE EXISTING CITY SALES TAX DEDICATED TO THE HOMER ACCELERATED ROADS AND TRAILS (H.A.R.T.) PROGRAM TO INCLUDE MAINTENANCE OF LOCAL ROADS AND TRAILS

Shall the City of Homer, Alaska, be authorized to use the revenue from the three fourths percent (3/4%) Homer Accelerated Roads and Trails dedicated sales tax for the maintenance of local roads and trails?

Section 3.  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 4. Homer City Code 9.16.010 is amended to read as follows:

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.

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 street reconstruction improvements and related utilities, construction of new local roads, construction of new local trails, and maintenance of local roads and trails.

Section 5.  Section 4 of this ordinance shall become effective immediately upon approval of Proposition No. 1 by a majority of the qualified voters voting on the proposition at the regular election to be held in the City on October 3, 2017.  The remaining sections of this ordinance shall become effective upon adoption.

                Section 6.  Section 4 of this ordinance is of a permanent and general character and shall be included in the Homer City Code upon its effective date.  The remaining sections of this ordinance are not permanent in nature, and shall not be codified.

                ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA, this 13th day of March, 2017.

CITY OF HOMER

                                                                                                                _________________________________

                                                                                                                BRYAN ZAK, MAYOR
 

ATTEST:

______________________________

JO JOHNSON, MMC, CITY CLERK

AYES:

NOES:

ABSTAIN:

ABSENT:

First Reading:

Public Hearing:

Second Reading:

Effective Date:

Reviewed and approved as to form:

Mary K. Koester, City Manager                                                                              Holly Wells, City Attorney

Date:                                                                                                                    Date:                                    _________