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1999-08 Election - Sales Tax FAILEDWHEREAS, AS 29.45.650 provides on sales, rents, and on services provid Kodiak Island Borough, Alaska KODIAK ISLAND BOROUGH ORDINANCE NO. 99 -08 Introduced by: Assemblymember Bonney Requested by: Assemblymember Bonney Drafted by: Borough Clerk Introduced: 08/19/99 Public Hearing: 09/02/99 Failed: 09/02/99 AN ORDINA CE PLACING A BALLOT MEASURE BEFORE THE VOTERS AT THE CTOBER 5, 1999 REGULAR MUNICIPAL ELECTION THAT, PASSED BY THE VOTERS, WOULD ALLOW THE KODIA ISLAND BOROUGH TO LEVY AND COLLECT A CONSUMER'S S ES TAX NOT EXCEEDING ONE PER CENT (1%) OF THE SALES P CE ON ALL RETAIL SALES, ON ALL RENTS, AND ON ALL S ' VICES MADE WITHIN THE CONFINES OF THE KODIAK ISLAND BOR a UGH AND THE REVENUES DERIVED THEREFROM MAY BE USED FOR THE KODIA AREA TRANSIT SYSTEM (KATS) OPERATIONS e at a borough may levy and collect a sales tax in the borough; and WHEREAS, the assembly desires to imple ent a tax measure which will generate additional revenue to finance the Kodiak Area ansit System operations in a way that spreads the tax burden across the entire pop ace and tourism instead of just on property owners; and WHEREAS, AS 29.45.670 provides that a new sales . nd use tax or an increase in the rate of levy of a sales tax does not take effect until ratif -d by a majority of the voters at an election; and WHEREAS, the one percent sales tax would be collected o y from July 1 through September 30 annually; and WHEREAS, sales in area outside of the operating area of KATS wi be exempt from collecting the one percent sales tax; and WHEREAS, revenues from the one percent sales tax would equate to ap ' roximately $232,000 annually based on the previous year; and WHEREAS, the Kodiak Area Transit System annually requires $150,000 abov funds received to continue operation of the system; and rant Ordinance No. 99 -08 Page 1 of 3 EREAS, after payment of administration costs, the remaining funds would revert to t Kodiak Island Borough General Fund; NOW, EREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUG • THAT: Section 1: his ordinance is not of a general and permanent nature and shall not b: ome a part of the Kodiak Island Borough Code of Ordinances. Section 2: An e -ction shall be held on Tuesday, October 5, 1999, between the hours . f 7:00 a.m. and 8:00 p.m. of said date and there shall be submitted to the duly qualified registered voters of the Kodiak Island Borough t following question: "Shall the Kodiak is /and r .•rough Assemb /y have the power to levy and collect a consumer's sales tax not ex - eding one percent (1 %) of the sales price on all retail sales, on all rents, and on all s vices made within the confines of the Kodiak /s /and Borough and the revenues derive therefrom may be used for the Kodiak Area Transit System operations?" Section 3: The manner of conduct' • and holding said election and detail thereof shall be in accordance with he requirements of the Alaska Statutes and Title 7 of the Kodiak Island B. ough Code of Ordinances. The ballot shall set forth the question as Prop.sition No. 1 as set forth in Section 2 of this ordinance, followed by the ords: Section 4: Section 5: Kodiak Island Borough, Alaska Sales Tax, Yes Sales Tax, No Together with instructions as to the manner in hich the ballot shall be marked. Any person who is a qualified voter in the Kodiak .land Borough is a qualified voter with respect to the question. The polls of said election shall be open during the time • rescribed in Section 2 of this ordinance and the polling places for said ection shall be prescribed in Alaska Statutes and Borough Code as per the • oundaries defined. All polling places will be open from 7:00 a.m. until 8.10 p.m. on Tuesday, the fifth of October, 1999. Section 6: The clerk of the Kodiak Island Borough shall cause to be published Ordinance No. 99 -08 Page 2 of 3 posted a public notice of this ballot question not less than thirty days prior to the election in the form and manner provided by AS 29.38.050 and Title 7 of the Kodiak Island Borough Code of Ordinances. Section 7: If majority or more of the qualified voters voting at the said election vot in favor of the ballot question, the Borough Assembly may enact the tax a a levy upon buyers with imposition upon sellers of the obligation of colt : cting it at the time of sale or at the time of collection, with respect • credit transactions, and transmitting it to the Kodiak Island Borough. Section 8: After the can .ss of the votes cast at said election on the ballot question above stated, e prepared returns shall be filed with the assembly by resolution stating 'n words and figures the number of votes cast for and against the ballot • uestion. If the votes cast in favor of the ballot question are a major! or more of the votes cast at such election, it shall be certified that the q -stion carried and, if otherwise, then the question failed. Section 9: If the question submitted o the voters passes, the assembly of the Kodiak Island Borough is e powered to enact such ordinances as necessary to establish a one p: rcent sales tax within the Kodiak Island Borough. ATTEST: ADOPTED BY THE ASSEMBLY OF THE ' ODIAK ISLAND BOROUGH Kodiak Island Borough, Alaska THIS DAY OF Judith A. Nielsen, CMC, Borough Clerk , 1999 KODIAK SLAND BOROUGH Gary L. Steve s, Borough Mayor Ordinance No. 99 -08 Page 3 of 3