Ordinance 15-39(S)(A) Funds for Public Information on the Ballot Proposition and Funds for Special Election on December 1, 2015

CITY OF HOMER
HOMER, ALASKA

Mayor

ORDINANCE 15-39(S)(A)

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, APPROPRIATING FUNDS IN THE AMOUNT OF $5,000 FROM THE GENERAL FUND BALANCE FOR PUBLIC INFORMATION ON THE BALLOT PROPOSITION TO SUSPEND THE DEDICATION OF CITY SALES TAX TO THE H.A.R.T. PROGRAM, INCLUDING WITHOUT LIMITATION INFORMATION THAT MAY INFLUENCE THE OUTCOME OF THE ELECTION ON THE PROPOSITION, AND APPROPRIATING FUNDS IN THE AMOUNT OF $6,000 FROM THE GENERAL FUND BALANCE FOR THE COSTS OF A SPECIAL ELECTION ON THE PROPOSITION.

WHEREAS, Due to a decline in revenues, particularly from the State of Alaska, the City faces a budget deficit in the present and future fiscal years; and

WHEREAS, Suspending the dedication of 0.75% of the City sales tax to the Homer Accelerated Roads and Trails (H.A.R.T.) Program would increase revenues for general government purposes and resolve the budget deficit during the period of the suspension, without increasing the overall level of City taxation; and

WHEREAS, The dedication of 0.75% of the City sales tax to the H.A.R.T. Program was authorized by the voters, and should not be suspended until ratified by a majority of the voters at an election, and the Council has authorized the submission of a ballot proposition to the voters for this purpose; and

WHEREAS, It is the Council’s duty and desire to ensure that all City voters are aware of the impact that suspending the dedication of City sales tax to the H.A.R.T. Program would have on revenues for general government purposes and resolving the budget deficit; and

WHEREAS, AS 15.13.145(c)(2) permits the City to provide the public with nonpartisan information about a ballot proposition, but AS 15.13.145(b) prohibits the City from using funds to influence the outcome of an election concerning a ballot proposition unless the City specifically appropriates the funds for that purpose by ordinance; and

WHEREAS, the Alaska Public Offices Commission (“APOC”), which enforces AS 15.13.145, has interpreted nonpartisan information permitted under AS 15.13.145(c)(2) very narrowly, so that the City cannot inform the public fully about the effects of the ballot proposition to suspend the dedication of City sales tax to the H.A.R.T. Program without including information that APOC likely would categorize as influencing the outcome of the election on the ballot proposition; and

WHEREAS, Additional funds are required to pay the cost of a special election on the proposition.

NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

Section 1. The City Council hereby appropriates funds from the General Fund Balance to provide public information on the ballot proposition to suspend the dedication of City sales tax to the H.A.R.T. Program, including without limitation information that may influence the outcome of the election on the propositions, as follows:

Expenditure:

Account                                           Description                                                   Amount

________                                        Public Information on Ballot                $5,000

                                                            Proposition                                   

Section 2. The City Council hereby appropriates funds from the General Fund Balance to pay the cost of a special election on either or both of the propositions, as follows:

Expenditure:

Account                                           Description                                                   Amount

________                                        Special Election                                          $6,000                                             

Section 3. This is a budget amendment ordinance, is temporary in nature, and shall not be codified.

ENACTED BY THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA, this 26th 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: _________________________