CITY
OF HOMER
HOMER,
ALASKA
Wythe
ORDINANCE 09-29(A)
AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, AMENDING THE FY 2009 OPERATING BUDGET BY APPROPRIATING FUNDS IN THE AMOUNT OF $5,000 FOR PUBLIC INFORMATION ON THE SALES TAX BALLOT PROPOSITION, INCLUDING WITHOUT LIMITATION INFORMATION THAT MAY INFLUENCE THE OUTCOME OF THE ELECTION ON THE BALLOT PROPOSITION.
WHEREAS, At the October 7, 2008 regular election, the Borough voters approved an initiative proposition exempting sales of non-prepared food items from Borough sales tax during the period from September 1st through May 31st; and
WHEREAS, Although Borough Ordinance 2008-28 authorizes cities to continue taxing sales of non-prepared food items, the City enacted Ordinance 08-32(S)(A-2) on December 8, 2008, exempting sales of non-prepared food items from City sales tax during the period from September 1st through May 31st; and
WHEREAS, The 2009 City Budget was reduced by nearly $1million to recognize the loss of sales tax revenues that was projected to be the result of this sales tax exemption; and
WHEREAS, The City by Ordinance 09-02 authorized a proposition to levy a sales tax on sales on non-prepared food items at a rate of 3.0% during the period from September 1st through May 31st; that proposition will be submitted to the qualified voters of the City at the October 6, 2009 regular City election; and
WHEREAS, It is the Council’s duty and desire to ensure that all City voters are aware of the impact the reduction of sales tax revenues will have on the community as a whole in the coming budget year; and
WHEREAS, The loss of sales tax revenues, combined with the continued rise in operating costs, is having a substantial negative impact on funding for essential City services such as water, sewer and road project matching funds, and this will result in the need to eliminate funding for non-essential services; and
WHEREAS, AS 15.13.145(c)(2) permits the City to provide the public with nonpartisan information about a ballot proposition, but AS 15.13.145(b) prohibits the City from using funds to influence the outcome of an election concerning a ballot proposition unless the City specifically appropriates the funds for that purpose by ordinance; and
WHEREAS, the Alaska Public Offices Commission (“APOC”), which enforces AS 15.13.145, has interpreted nonpartisan information permitted under AS 15.13.145(c)(2) very narrowly, so that the City cannot inform the public fully about the effects of the sales tax ballot proposition without including information that APOC likely would categorize as influencing the outcome of the election on the ballot proposition.
NOW, THEREFORE, THE CITY OF HOMER ORDAINS:
Section 1: The Homer City Council hereby amends the FY 2009 Operating Budget by appropriating $5,000 for the purpose of educating City voters regarding the effects on City services of a continued sales tax suspension for sales of non-processed food items, including without limitation advertisements in print and broadcast media, brochures and posters, and including without limitation the provision of information that may influence the outcome of the election on the sales tax ballot proposition as follows:
Account
Description
Amount
100-140-5227 Advertising $5,000
Section 2: This is a budget amendment ordinance, is temporary in nature, and is a non-code ordinance which shall not be codified.
ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA, this ________ day of ______________ 2009.
CITY OF HOMER
_____________________________
JAMES C. HORNADAY, MAYOR
ATTEST:
______________________________
JO JOHNSON, CMC, CITY CLERK
YES:
NO:
ABSTAIN:
ABSENT:
First Reading:
Public Hearing:
Second Reading:
Effective Date:
Reviewed and approved as to form:
________________________ ____________________________
Walt E. Wrede, City Manager Thomas F. Klinkner, City Attorney
Date: ___________________ Date: _______________________