CITY OF HOMER
HOMER, ALASKA

Heimbuch

ORDINANCE 08-16(S)

 


AN ORDINANCE ESTABLISHING A PROGRAM FOR RESIDENCY INCENTIVE CREDIT PAYMENTS TO ADULT RESIDENTS OF THE CITY.

 

THE CITY OF HOMER HEREBY ORDAINS:

 

Section 1.  Findings.  The city council hereby makes the following legislative findings:

           

            a.  Adult residents of the city make significant contributions to culture, economy, and overall health and well-being of the city that exceed the contributions made by seasonal visitors and non-residents because permanent, adult residents are more acutely interested in the health and sustainability of the economy, the local government, schools, social institutions, and other threads of community fabric than are visitors and non-residents.  Children, while valuable members of the community, cannot make the same kind or level of contributions that an adult resident of the city can make.

 

            b.  It is in the interests of the city and all of its citizens to encourage adults to establish and maintain residency in the city because of those significant and valuable contributions residents make.  Conversely, it is harmful to the city when there is population turnover and the city loses valuable contributions that its adult residents would otherwise make.

 

            c.  The city's economy thrives in summer, but in the winter season the economy retracts significantly.  The summer months produce not only the greatest demand for city services, but also the best earning potential.  The result is that it is harder to make a living and "get by" in winter than in summer.  Nevertheless, year-round residents continue to pay taxes at the same rates all year, even though the demands on city services and economic opportunities are much reduced in the winter.  As a consequence, permanent residents pay a disproportionately high share of taxes in comparison to the demands they make on city services, and others are discouraged from establishing year-round residence in the city because of the more difficult conditions that persist in the winter season.

 

            d.  If the city were to make, when funds are available, certain payments to adult residents as a residency incentive, it would produce several benefits:

 

                        1.  It would encourage adults to establish and maintain residency in the city, and discourage population turnover.   

 

                        2.  It would encourage more of the city's children to remain in the city when they become adults, and thereafter make their own valuable contributions to the city.

 

                        3.  It would encourage all adult residents to become more interested in the financial affairs of the city and more involved in the policy deliberations of the city government, thus producing more and better public input into the local government decision-making process.

 

                        4.  It would slightly reduce the disproportionately high share of taxes now paid by city residents on a year-round basis.

 

            e.  Using the individual's eligibility for an Alaska permanent fund dividend as one of the chief criteria for determining eligibility for the Homer residency incentive payment will significantly reduce the administrative cost of the program.  The permanent fund eligibility process will include appropriate determinations concerning absences from Alaska for allowable reasons and appeal procedures.  The permanent fund eligibility determinations used in combination with acceptable proof of residency in the city will be sufficiently accurate to establish residency eligibility for the incentive credit.  The result of relying, in part, on the state's determinations will be lower administrative costs and, consequently, more funds available for payments to the eligible adult residents of the city.

 

Section 2.  Purpose.  It is the purpose of this ordinance to produce the benefits described in the findings section of this ordinance by establishing a residency incentive credit payable to adult residents of the city. 

 

Section 3.  Enactment.  A new chapter 3.20 is hereby enacted and added to the Homer City Code to read as follows:

 

Section 3.20.010 Residency Incentive Credit.  Each eligible adult resident of the city may receive one residency incentive credit payment per year in an amount to be determined under HCC § 3.20.050.

 

Section 3.20.020 Eligibility.  (a) An individual is eligible to receive a residency incentive credit in a year in which the individual

 

            (1) applies to the city;

            (2) is 18 years old before the first day of the year;

            (3) is a resident of the city on the date of application; and 

            (4) is approved to receive an Alaska permanent fund dividend as a resident of the state, residing in the city during the entire calendar year (the "qualifying year") preceding the year in which the residency incentive credit is to be paid.          

 

            (b)  An individual who, for any reason, is not approved to receive an Alaska permanent fund dividend for the qualifying year is not eligible to receive a residency incentive credit.  The city will not review the eligibility of any individual who is denied a permanent fund dividend.

 

3.20.030 Application.  (a) An application for a residency incentive credit shall be filed each year during the period that begins January 1 and ends August 31. 

 

            (b)  An individual who makes a timely application and who otherwise qualifies for a residency incentive credit, but whose determination of eligibility to receive the Alaska permanent fund dividend is not received from the state before the close of the city's application period, may, at any time after the close of the application period, supplement his or her application with proof of the state's determination of eligibility to receive a permanent fund dividend.

 

3.20.040 Applicant information confidential.  Information on each application, except the applicant's name, is confidential.  The city may only release information that is confidential under this section:

 

            (1) to a local, state, or federal government agency;

            (2) in compliance with a court order;

            (3) to the individual who or agency that files an application on behalf of another;

            (4) to a banking institution to verify the direct deposit of a residency incentive credit or correct an error in that deposit;

            (5) as directed to do so by the applicant; and

            (6) to a contractor who has a contract with a person entitled to obtain the information under (1) - (5) of this section to receive, store, or manage the information on that person's behalf; a contractor receiving data under this paragraph may only use the data as directed by and for the purposes of the person entitled to obtain the information.

 

3.20.050 Amount of credit.   (a) The gross amount available for the residency incentive credit will be determined annually by the city council during its budget process.  The city council may approve payment of a residency incentive credit in those years in which public services are adequately provided for and the city treasury has sufficient funds make such a payment.  No payment will be authorized in years in which the city council determines there are not sufficient funds.

 

            (b)  The amount of each individual's residency incentive credit payment will be determined as follows:

 

            (1) The city council will determine the gross amount available for the residency incentive credit under HCC § 3.20.050(a).

            (2) The treasurer will determine the administrative costs of making the residency incentive credit payments and administering the program, and will subtract that sum from the gross amount approved by the city council. 

            (3)  The treasurer will then divide the net amount determined to be available under HCC § 3.20.050(b)(2) by the number of eligible individuals. 

            (4)  The sum determined under HCC § 3.20.050(b)(3) is the amount of each eligible individual's residency incentive credit payment for that year.

 

3.20.060 Payment.  If a payment is approved, the treasurer will make the payment by October 15 of the year for which the payment was approved.  Payment may be by check to the individual or by other methods approved by rule or regulation.

 

3.20.070 Regulations.  (a) The city manager may establish rules or regulations concerning

 

            (1) required documentation and other proof satisfactory to establish eligibility; and

            (2) any other matters or procedures as necessary to implement this chapter.

 

            (b)  Any rule or regulation established by the city manager becomes effective when approved by resolution of the city council.

 

Section 4. Codification.  Section 3 of this ordinance is of a permanent and general character and shall be included in the city Code.  Sections 1 and 2 are of a special or temporary character and shall not be included in the City Code.


 

            ENACTED BY THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA, this _____ day of _______________________, 2008.

 

                                                                        CITY OF HOMER



                                                                                                                        _____

                                                                        JAMES C. HORNADAY, MAYOR

ATTEST:


______________________________
JO JOHNSON, CMC, CITY CLERK

 

AYES:

NOES:

ABSTAIN:

ABSENT:

 

First Reading:

Public Reading:

Second Reading:

Effective Date:

 

 

Reviewed and approved as to form:

 

 

                                                                                                                                               
Walt Wrede, City Manager                                                       Gordon J. Tans, City Attorney