Ordinance 17-18 Funding HART Public Information Campaign

CITY OF HOMER
HOMER, ALASKA

City Manager

ORDINANCE 17-18

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, APPROPRIATING FUNDS IN THE AMOUNT OF $5,000 FROM THE GENERAL FUND BALANCE AND AUTHORIZING THE USE OF LIMITED STAFF TIME AND CITY EQUIPMENT FOR PUBLIC INFORMATION ON THE BALLOT PROPOSITION INCLUDING WITHOUT LIMITATION INFORMATION THAT MAY INFLUENCE THE OUTCOME OF THE ELECTION ON THE PROPOSITION.

WHEREAS, Ordinance 17-10(S)(A) submits a ballot question to the voters at the  October 3, 2017 regular election inquiring whether to amend the Homer Accelerated Roads and Trails (HART) Program to authorize the use of revenues from the three quarters percent (¾%) sales tax levied to support the HART Program for the use of road and trail maintenance; and

WHEREAS, It is the Council’s duty and desire to ensure that all City voters are aware of the impact of amending HART to include maintenance on revenues for general government purposes and the prioritization of transportation infrastructure as an essential City service; 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 Office 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 add maintenance of local roads and trails to the eligible expenses under the HART Program without including information that APOC would likely categorize as influencing the outcome of the election on the ballot proposition.

NOW THEREFORE, The City of Homer Ordains:

Section 1. The FY 2017 Operating budget is hereby amended by appropriating $5,000 from General Fund Balance to provide public information on the ballot proposition to amend the Homer Accelerated Roads and Trails (HART) Program to authorize the use of revenues from the ¾% sales tax levied to support the HART Program for the use of road and trail maintenance (ballot proposition 1), including without limitation information that may influence the outcome of the election on the proposition, as follows:

Account No.                     Description:                                                                     Amount:

100-0101-5240               Public Information on Ballot Proposition    $5,000

Section 2. Passage of this ordinance authorizes the use of limited staff time and city equipment for the purpose of providing public information on ballot proposition 1.

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

ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA, this 10th day of April, 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:                                                    ______