Ordinance 16-39 Funding a Public Information Campaign Supporting a Proposition for the Public Safety Building

CITY OF HOMER                                                                         

                                                                                         HOMER, ALASKA                                                                                       

Mayor/City Manager

                                                                                       ORDINANCE 16-39

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, APPROPRIATING FUNDS IN THE AMOUNT OF $5,000 FROM THE PUBLIC SAFETY BUILDING FUND FOR A PUBLIC INFORMATION CAMPAIGN IN SUPPORT OF THE BALLOT PROPOSITION TO ISSUE GENERAL OBLIGATION BONDS NOT TO EXCEED $12 MILLION DOLLARS TO FINANCE THE ACQUISITION AND CONSTRUCTION OF A POLICE STATION AND PROVIDE FOR AN INCREASE IN THE RATE OF CITY SALES TAX FROM 4.5% TO 5.15% FROM APRIL 1 THROUGH SEPTEMBER 30 WITH THE INCREASE PROVIDING FUNDS TO PAY DEBT SERVICE ON THE GENERAL OBLIGATION BONDS AND EXPIRING ON SEPTEMBER 30 THE YEAR WHEN THE CITY HAS RECEIVED SUFFICIENT FUNDS FROM THE INCREASE TO PAY ALL OF THAT DEBT SERVICE, INCLUDING INFORMATION THAT MAY INFLUENCE THE OUTCOME OF THE ELECTION ON THE PROPOSITION.

                WHEREAS, City Council has previously shown through approval of Resolution 13-087(A) and Resolution 14-093 that having a new Public Safety Building was one of the top five Capital Improvements Projects and due to the decline in revenues, particularly from the State of Alaska, the City faces the probability of the project not receiving additional funding; and

                WHEREAS, The  City  Council  views  the  acquisition  and  construction  of  a  new  police  station  and  related  capital  improvements  as  necessary  and  beneficial  to  the community, and determines that to fund such improvements general obligation bonds of the City should be authorized, issued and sold; and

                WHEREAS, It is the Council’s duty and desire to ensure all city voters are aware of the impact that issuing General Obligation Bonds and implementing a seasonal .65% sales tax would have on the construction and financing of the new Police Station and facilities; 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 issue general obligation bonds in an amount not to exceed $12 million dollars and increase the sales tax seasonally .65% April 1 through September 30 to pay debt service without including information that APOC likely would categorize as influencing the outcome of the election on the ballot proposition.

                NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

                Section 1.  The City Council hereby appropriates funds from the Public Safety Building Project Fund Balance to provide public information on the ballot proposition to issue General Obligation Bonds Not To Exceed $12 Million Dollars to finance the acquisition and construction of a police station and provide for an increase in the rate of city sales tax from 4.5% to 5.15% from April 1 through September 30 with the increase providing funds to pay debt service on the general obligation bonds and expiring on September 30 the year when the city has received sufficient funds from the increase to pay all of that debt service, including information that may influence the outcome of the election on the proposition.

                Expenditure:

                Account                                 Description                                                                            Amount

                156-0337-5227                       Public Information Campaign

                                                                on Ballot Proposition                                                          $5,000.00

Section 2. This is a budget amendment ordinance, is temporary in nature and shall not be codified.

ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA, this ___day of _______, 2016.

                                                                                                CITY OF HOMER

                                                                                                _______________________

                                                                                                MARY E. WYTHE, MAYOR

ATTEST:

___________________________

JO JOHNSON, MMC, CITY CLERK

YES:

NO:

ABSTAIN:

ABSENT:

First Reading:

Public Hearing:

Second Reading:

Effective Date:

Reviewed and approved as to form:

_________________________                                                      ____________________________

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

Date: ____________________                                                       Date: ________________________