CITY OF HOMER

HOMER, ALASKA

Heimbuch

ORDINANCE 07-18(S-2)(A)

 

AN ORDINANCE OF THE HOMER CITY COUNCIL PLACING ON THE OCTOBER 2, 2007 GENERAL MUNICIPAL ELECTION BALLOT A PROPOSITION TO AUTHORIZE AN INCREASE IN THE SALES TAX RATE,   DEDICATING A PORTION OF THE REVENUE TO LOCAL RECREATION OPPORTUNITIES AND A PORTION TO DEVELOPMENT OF THE TOWN CENTER AND NEW CITY HALL; AND FURTHER AMENDING THE CITY CODE TO IMPLEMENT SUCH CHANGES.

 

            WHEREAS, There is strong community support for non-profit recreational organizations, and;

 

            WHEREAS, the community and Council recognize the social and economic value added to the community by these non-profit recreational organizations, and;

 

WHEREAS, There are continual requests to have the City provide financial assistance for capital improvements desired by these organizations to help them expand and develop, and;

 

            WHEREAS, The development of a dedicated funding source to provide assistance with financing these capital improvements is an idea whose time has come; and

 

            WHEREAS,  The community and the Council recognize that the provision of capital funding assistance in no way obligates the City of Homer with future maintenance or operating expenses for these non-profit recreational programs or projects, and;

             

 

            WHEREAS, criteria need to be established to identify the organizations and capital improvements that will qualify funding from the revenues of such a program; and

 

            WHEREAS, the proposed source of revenue to establish the funding of such a program can not diminish the provision of existing community services, and;

 

            NOW, THEREFORE, BE IT ORDAINED by the City of Homer:

 

Section 1.  Homer City Code § 9.16.010 is hereby amended to read as follows:

 

9.16.010 Levied. a. A consumer’s sales tax in the amount of three 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 at the rate of three-quarters percent (3/4%) is hereby levied by the City of Homer on all sales, rents, and services within the City except as the same may otherwise be 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 at the rate of three-quarters percent (3/4%) 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 of street reconstruction improvements and related utilities, construction of new local roads, and construction of new local trails.

 

d. An additional consumer's sales tax at the rate of one-quarter percent (1/4%) is hereby levied on all sales, rents, and services within the city except as the same may be otherwise exempted by law, for the purpose of funding local recreation opportunities and development of the town center and a new city hall as provided in section 9.16.015.   This levy shall expire upon the later of (i) December 31, 2019, or (ii) the last day of the year of retirement of all city indebtedness incurred on or before October 1, 2012, for town center development or city hall capital improvements.

 

Section 2.  The Homer City Code is hereby amended by the enactment of a new section 9.16.015 to read as follows:

 

9.16.015  Dedication of revenue.  a.  Each year the revenue resulting from the one-quarter percent sales tax levied by subsection 9.16.010(d)  is dedicated to the following purposes:

 

            (1) One-half of the annual revenue or $200,000, whichever is less, is dedicated to capital expenditures for the improvement of local recreational opportunities beneficial to the community of Homer.  Such revenues shall be deposited in a fund designated for such purposes, and may be appropriated and disbursed as grants for such purposes to qualified public and private entities, as approved by the City Council; and

 

            (2)  the remainder of the revenue is dedicated to and may be appropriated and disbursed for development of a town center plaza or a new city hall or both.   

 

b.  Revenues dedicated to and appropriated for the purposes provided in this section shall not lapse at the end of the fiscal year, notwithstanding anything to the contrary in section 3.05.035.  Unless the City Council approves otherwise by ordinance or by the terms of the appropriation or grant agreement:

 

            (1) an appropriation or grant made under the authority of this section for a specific purpose or capital expenditure shall continue in force until the purpose for which it is made has been accomplished or abandoned; and 

 

            (2) the purpose of such appropriation or grant shall be deemed abandoned if three years pass without disbursement or encumbrance of the funds. 

 

            c.   The requirements for qualifying under subsection (a)(1) to receive a grant of funds for a capital improvement for local recreational opportunities shall include:

 

                        (1)  Non-profit and tax-exempt status, evidenced by a determination by the Internal Revenue Service that the entity is a tax exempt organization under IRC § 501(c); or satisfactory proof of exemption under another provision of the Internal Revenue Code, 

 

                        (2)  The demonstrated ability to secure matching funds for the proposed project;

 

                        (3)  A developed business plan which demonstrates the ability of the organization to have continued operational success; and,

 

                        (4)  The binding commitment that all capital improvements acquired, installed, or constructed with the benefit of funding under this section shall remain the property of the qualified non-profit organization or a governmental entity and will remain available for the benefit of citizens of the City of Homer and the greater Homer community.

 

                        (5)  The City of Homer is eligible to receive a grant of funds under subsection (a)(1).

 

            d.  Nothing in section 9.16.015 or subsection 9.16.010(d) shall be construed to prevent the city council from appropriating funds in the recreation account to meet an unforeseen budget emergency. The council shall make good faith efforts to restore any funds appropriated and disbursed from the recreation account for such purposes.  In the event that the council shall make an emergency

appropriation from this fund such appropriation shall include a plan for the restoration of such funds in a time frame which will create limited future financial impact.

 

            Section 3.  The City Clerk shall submit the following question to the voters at the regular            city election to be held on October 2, 2007.  The ballot proposition shall read       substantially as follows:

 

PROPOSITION _____

 

Shall the city be authorized to increase the sales tax rate by 1/4% (from 4.5% currently to 4.75% ) and shall the increased revenue be dedicated to provide a source of matching funds for local recreation opportunity and a source of funds for development of the town center plaza with a new city hall?

 

If this ballot measure passes city sales tax revenues are projected to increase by approximately $422,000.00 dollars next year, with similar increases in future years. 50% of the revenue from this increase, but no more than $200,000.00 dollars a year, shall be set aside in an account for recreational purposes. This account will be a source of matching funds that may be provided to qualifying non-profit entities (including the city of Homer) strictly for capital expenditures that improve local recreation opportunity.

 

If this measure passes it is projected that of the increased revenue an estimated $220,000.00 dollars in the first year and similar amounts in future years will also be available to support development of the town center plaza, including a new city hall.   

 

Nothing in this measure shall prevent the city council from appropriating funds in the recreation account to offset an unforeseen budget emergency. The council shall make good faith efforts to restore any funds taken from the recreation account and used for other purposes.   In the event that the council shall make an emergency appropriation from this fund such appropriation shall include a plan for the restoration of such funds in a time frame which will create limited future financial impact.

 

This tax rate increase will expire at the end of the year of retirement of all long term city indebtedness for town center development or city hall capital improvements incurred within five years of this election, but in no event sooner than December 31, 2019.

 

Shall this proposition be approved?

 

 

YES ____             NO ____

 Section 4.  If the ballot proposition set forth in this ordinance is approved by the voters, the City Council shall, before April 1, 2008, adopt an ordinance or approve other measures for the administration of the grants authorized by this ordinance, including criteria for determining eligibility and priority for grant recipients and necessary terms and conditions for grant awards.

 

Section 5.  If the ballot proposition set forth in this ordinance is approved by the voters, sections 1 and 2 of this ordinance shall take effect immediately upon certification of the election results, except the  increased sales tax rate of levy shall first become effective on January 1, 2008.  If the ballot proposition is not approved by the voters, sections 1 and 2 of this ordinance will not become effective. All other provisions of this ordinance take effect on the day following enactment. 

 

            PASSED AND ENACTED by the Homer City Council this _____ day of ____________, 2007.

 

                                                                                    CITY OF HOMER

 

 

                                                                                    ____________________________

                                                                                    JAMES C. HORNADAY, MAYOR

ATTEST:

 

 

______________________________

JO JOHNSON, CMC, CITY CLERK

 

 

Introduction:

Public Hearing:

Second Reading:

Effective Date:

 

Ayes:

Noes:

Abstain:

Absent:

 

Reviewed and approved as to form:

 

 

_______________________                                      _______________________

Walt E. Wrede City Manager                                     Gordon Tans, City Attorney

                                   

Date: __________________                                        Date: __________________


 

Fiscal Note: Expected Sales Tax Increase due to Rate Change $422,891.00.