CITY OF HOMER
HOMER
, ALASKA

Novak

ORDINANCE 08-49

 


AN ORDINANCE AMENDING HOMER CITY CODE 9.04.046 TO EXEMPT CERTAIN PROPERTY USED EXCLUSIVELY FOR COMMUNITY PURPOSES FROM PROPERTY TAXATION.

 

WHEREAS, AS 29.45.050(b)(1)(A) provides that a municipality by ordinance may classify and exempt from taxation the property of a organization not organized for business or profit-making purposes and used exclusively for community purposes if the income derived from rental of that property does not exceed the actual cost to the owner of the use by the renter; and

 

WHEREAS, The Kenai Peninsula Borough has provided for an exemption of this type in Kenai Borough Code 5.12.100; and

 

WHEREAS, The Kachemak Bay Equestrian Association has real property in the City that the Kenai Peninsula Borough has exempted from taxation under Kenai Borough Code 5.12.100, and has requested a similar exemption from taxation by the City; and

 

WHEREAS, It is in the public interest for the City to exempt from taxation the property in the City that is exempt from Borough taxation under Kenai Borough Code 5.12.100, and to coordinate this tax exemption with that of the Borough.

 

THE CITY OF HOMER HEREBY ORDAINS:

 

            Section 1.  Homer City Code § 9.04.046 concerning exemptions from City property taxation shall be amended to read as follows:

 

9.04.046 Real and personal property tax--Exemptions.  a.  The following property is exempt from the real and personal property tax imposed by this chapter:

1.         the first $100,000 of assessed valuation of personal property, other than motor vehicles and watercraft, owned by each taxpayer; for taxpayers with more than one personal property tax account, this exemption shall be distributed pro rata among all of the taxpayer's accounts based on the proportion of the assessed value in each account to the total assessed value of that taxpayer's personal property;

2.         motor vehicles that are subject to a motor vehicle registration tax imposed by Kenai Peninsula Borough Code chapter 5.12, and as the same may be thereafter amended, revised, or replaced.

b.         The first $20,000.00 of assessed valuation of a single parcel of residential real property owned and occupied by the owner of record as the owner’s permanent place of residence in the City, shall be exempt from the City tax levy on real property within the City of Homer. The borough assessor’s determination of whether property in the city qualifies for the borough exemption under Kenai Borough Code Section 5.12.115 shall be determinative of whether the property qualifies for the exemption under this subsection 9.04.046(b).

c.         Property of an organization not organized for business or profit-making purposes and used exclusively for community purposes is exempt from taxation under this chapter. Property or a part of the property from which rentals or income are derived is not exempt from taxation unless the income derived from the rentals does not exceed the actual cost to the owner of the use by the renter.  The borough assessor’s determination of whether property in the city qualifies for the borough exemption under Kenai Borough Code Section 5.12.100 shall be determinative of whether the property qualifies for the exemption under this subsection 9.04.046(c).

d.         This section shall be applied and construed to effectuate its general purpose to make uniform the laws of the City and the Kenai Peninsula Borough with respect to the exemptions granted by this section. 

            Section 2.  This ordinance is of a permanent and general character and shall be included in the city Code.

 


ENACTED BY THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA, this 27th day of October, 2008.

 

CITY OF HOMER

 


______________________________________
DENNIS NOVAK, MAYOR PRO TEMPORE

 

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                                      Thomas F. Klinkner, City Attorney

 

Date: _______________________                      Date: _______________________