ORDINANCE 06-39(S)(2)

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA APPROVING THE CREATION OF A COMMUNITY SCHOOLS DIVISION WITHIN THE DEPARTMENT OF ADMINISTRATION, AUTHORIZING ADMINISTRATION OF THE COMMUNITY SCHOOLS PROGRAM BY THE CITY, AND SUBMITTING A BALLOT PROPOSITION TO APPROVE THE CONTINUATIONOF SUCH CHANGES BEYOND JUNE 30, 2007 TO THE VOTERS AT THE REGULAR MUNICIPAL ELECTION ON OCTOBER 3, 2006.

WHEREAS, The Kenai Peninsula Borough School District has decided to stop administering the Community Schools Program effective June 30, 2006, and

WHEREAS, The City of Homer has traditionally provided financial support for the Community Schools Program and the program has very broad public support within the community, and

WHEREAS, After a review of the options, the City Council decided that it was in the community interest to keep the program going and that City administration of it was the most logical and practical solution to keeping the program functioning at a high level, and

WHEREAS, In March of this year the Council adopted Resolution 06-35(A) entitled " A RESOLUTION OF THE HOMER CITY COUNCIL EXPRESSING ITS INTENT TO ASSUME RESPONSIBILITY FOR ADMINISTRATION OF THE COMMUNITY SCHOOLS PROGRAM FOR ONE YEAR WITH THE INTENT TO DRAFT AN ORDINANCE THAT CREATES A DIVISION FOR COMMUNITY SCHOOLS AND A BUDGET IN THE DEPARTMENT OF ADMINISTRATION AND WITH A VOTE FOR THE APPROVAL OF THIS ORDINANCE AS A VOTE OF SUPPORT BY THE COMMUNITY ON THE NEXT ELECTION IN OCTOBER,", and

WHEREAS, The Council recently adopted Ordinance 06-37 which established a budget for the Community Schools Program for the period July 1, 2006 through December 30, 2006, and

WHEREAS, This ordinance implements the Council intent expressed in Resolution 06-35A and provides an opportunity for the [~~voters to express their opinion regarding]~~ decide whether the City should continue after June 30 2007, provide educational and recreation programs and assume the added costs and responsibilities associated with doing that.

NOW THEREFORE, The City of Homer Ordains:

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Ordinance 06-39(S)(2)

City of Homer

Section 1.The Homer City Council finds that it is in the best interest of the community to ask the voters if the City should create a Division of Community Schools within the Department of Administration and assume responsibility for administration of the Community Schools Program beyond June 30, 2007.

Section 2.Homer City Code Section 1.43.010 is hereby amended to read as follows:

1.43.010 Department of Administration. The Department of Administration is created which shall be headed by the City Manager or his designee. Within this department shall be the City Clerk and such other personnel as may be necessary to provide such services as personnel administration, City-wide planning, zoning and platting, permitting and inspection; services such as parks, recreation, Community Schools, and library programs; administration of the Homer Advisory Planning Commission, the Homer Advisory Parks and Recreation Commission, the City of Homer Port and Harbor Advisory Commission, and the Library Advisory Board; major capital projects administration; other services or programs as designated by the City Manager or requested by the City Council. The department may be subdivided into divisions with their own supervisors as deemed necessary.

Section 3. The City Clerk shall submit the following question to the voters at the regular municipal election to be held on October 3, 2006. The ballot proposition shall read as follows:

["SHALL CITY OF HOMER ORDINANCE 06-39(s) BECOME EFFECTIVE TO CREATE A DIVISION OF COMMUNITY SCHOOLS WITHIN THE DEPARTMENT OF ADMINISTRATION AND SHALL THE CITY OF HOMER ASSUME FINANCIAL AND ADMINISTRATIVE RESPONSIBILITY FOR THE COMMUNITY SCHOOLS PROGRAM BEYOND JUNE 30, 2007?"]

The City of Homer has created a division of Community Schools within the Department of Administration and has assumed financial and administrative responsibility for the Community Schools Program through June 30, 2007. Should the assumption of the Community Schools Program become permanent after June 30, 2007?

YES _______ NO_________

Section 4.The City Manager and the City Clerk are authorized to provide unbiased factual and educational information to the public regarding such things as projected staffing levels, projected budgets, and other relevant information about the Community Schools Program and the Ballot Proposition that might help the voters make an informed decision.

~~[Section 5. If the ballot proposition set forth in this ordinance is approved by the voters, Section 2 of this ordinance shall take effect immediately upon certification of the election results.]~~

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Ordinance 06-39(S)(A)

City of Homer

Section 5. This ordinance shall take effect immediately. Section 2 of this ordinance shall be of a permanent and general character and shall be included in the City Code. The remaining sections of this ordinance are not of a permanent nature and as such, shall not be codified.

Section 6.If the ballot proposition set forth in this ordinance is approved by the voters, [~~Section 2 of this ordinance shall be of a permanent and general character and shall be included in the City Code.~~ ] the code amendment effected by Section 2 of this ordinance shall be effective permanently. If the ballot proposition is not approved by the voters, the code amendment effected by Section 2 of this ordinance is replied, effective July 1, 2007. [~~The remaining sections of this ordinance are not of a permanent nature and as such, shall not be codified.]~~

PASSED AND ENACTED by the Homer City Council this _______ day of _____, 2006.

CITY OF HOMER

JAMES C. HORNADAY, MAYOR

ATTEST

MARY L. CALHOUN, CMC, CITY CLERK

Introduction: June 12, 2006, postponed with proposed amendment to June 26, 2006

Public Hearing: July 24, 2006

Second Reading: July 24, 2006

Effective Date: See sections 5 and 6.

Ayes:

Noes:

Abstain:

Absent:

Reviewed and approved as to form and content:

Walt Wrede, City Manager Gordon Tans, City Attorney

Date: Date:

Fiscal Note: Estimated Annual Budget $125,000 including user fees.

Additional cost of adding to the Ballot and to election notices.