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