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HomeMy WebLinkAboutHearing Resolution 4460, monies for Gallatin College to pay Gallatin County for special election Bozeman Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chris Kukulski, City Manager SUBJECT: Resolution No. 4460, authorizing a portion of the monies allocated to Gallatin College in the FY2014 budget to be paid to Gallatin County for the costs of a Mail Ballot Special Election for a County-wide Mill Levy seeking authorization for the County Commission to Annually Levy One and One Half Mills to fund a portion of the costs of operations for Gallatin College of the Montana State University MEETING DATE: August 5, 2013 MEETING TYPE: Action RECOMMENDED MOTION: I move to approve Resolution No. 4460, authorizing a portion of the monies allocated to Gallatin College in the FY2014 budget to be paid to Gallatin County for the costs of a special mail ballot election for a permanent county-wide mill levy seeking authorization for the County Commission to annually levy one and one half mills to fund a portion of the costs of operations for Gallatin College of the Montana State University. BACKGROUND: The Dean of Gallatin College has asked the city for assistance in funding the costs associated with placing a county-wide mill levy on the November ballot out of the funds already allocated by the City Commission in the fiscal year 2014 general fund budget. At this time, we have been told the County has declined to pay these expenses and Montana State University is unable to do so as they do not have direct statutory authority for this type of expenditure. If Gallatin County voters pass the proposed ballot measure all county property taxpayers would be annually levied one and one half mills to help fund operations at Gallatin College. Ensuring this measure is placed before the voters directly accomplishes the Bozeman City Commission’s high priority of assisting Gallatin College with securing regional funding. The general fund budget approval to support Gallatin College with one and one half mills is estimated to generate $125,000 for fiscal year 2014. The Gallatin County Elections Department estimates that placing the proposed measure on a special election ballot will cost between $25,000 and $40,000. The proposed resolution states that the City will not pay more than $40,000 for this special election and that the money will come from the funds already allocated. UNRESOLVED ISSUES: The Gallatin County Commissioners will still need to adopt a resolution placing the measure on a special election ballot. The resolution is scheduled to be heard by the County Commission on Tuesday, August 13th. In addition, the Gallatin County Commission may determine to pay the costs of the special election or it may be determined that the Gallatin County Commission is required by law to pay for the costs of the election in which case the City would not pay these costs. The resolution reflects both these contingencies. FISCAL EFFECTS: Possibly a onetime payment of up to $40,000 to Gallatin County from the one and a one half mills (approximately $125,000) already allocated to Gallatin College in the fiscal year 2014 general fund budget. As such, should the Commission adopt this resolution neither a budget amendment or additional appropriation will be required. ALTERNATIVES: As suggested by the City Commission. ATTACHMENTS: Resolution 4460, Assisting with funds for Gallatin College Mill Levy 107 Resolution 4460 Page 1 of 4 COMMISSION RESOLUTION NO. 4460 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING THE EXPENDITURE OF A PORTION OF THE GENERAL FUND MONIES ALLOCATED TO GALLATIN COLLEGE IN THE FISCAL YEAR 2014 BUDGET TO BE PAID TO GALLATIN COUNTY FOR THE COSTS OF A SPECIAL ELECTION FOR A COUNTY-WIDE MILL LEVY SEEKING AUTHORIZATION FOR THE GALLATIN COUNTY COMMISSION TO PERMANENTLY AND ANNUALLY LEVY ONE AND ONE HALF MILLS TO FUND A PORTION OF THE COSTS OF OPERATIONS FOR GALLATIN COLLEGE OF THE MONTANA STATE UNIVERSITY. WHEREAS, The City of Bozeman is a Montana local government exercising self- governing powers pursuant to its Charter and law; and WHEREAS, Section 1.01 of the Bozeman City Charter grants the City all powers possible for a city with self-governing powers to have under the constitution and laws of the State of Montana as fully and completely as though they were specifically enumerated in the Charter; and WHEREAS, the Dean of the Gallatin College requests the City Commission pay the costs of a special mail ballot election due to the Gallatin County Board of County Commissioners indicating they will only consider adopting a resolution placing the county-wide mill levy on the ballot for November 5, 2013 if an entity other than Gallatin County pays the costs of the election for the non-municipal/town portions of Gallatin County; and WHEREAS, Montana State University and the Montana Commissioner of Higher Education’s legal counsels have informed City officials that Montana State University cannot pay for the additional election costs as Montana State University does not have direct statutory authority to pay for the costs of such an election; and 108 Resolution 4460 Page 2 of 4 WHEREAS, The Bozeman City Commission includes “assisting Gallatin College and securing regional funding” as one of its priorities for 2013 – 2014; and WHEREAS, The City of Bozeman has allocated general fund monies to Gallatin College in the amount of $123,093 for fiscal year 2012, the amount of $124,839 for fiscal year 2013, and the amount of approximately $125,000 for fiscal year fiscal year 2014. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that: 1. Should the Gallatin County Commission decline to pay for the costs of the mill levy election as described herein, the City Manager is hereby authorized to pay upon invoice of the Gallatin County Election Administrator the costs of a county-wide special mail ballot election related only to the placement on the ballot county-wide of a permanent and annual levying of one and one half mills to benefit Gallatin College. Said payment shall not exceed $40,000.00 and is authorized only if ballot language similar to the following is placed on the November 5, 2013 ballot by a duly adopted resolution of the Gallatin Board of County Commissioners: SHOULD THE GALLATIN COUNTY BOARD OF COUNTY COMMISSIONERS BE AUTHORIZED TO MAKE A PERMANENT ANNUAL LEVY OF ONE AND ONE HALF MILLS WHICH WOULD RAISE APPROXIMATELY $359,203 IN THE FIRST YEAR FOR THE PURPOSE OF PARTIALLY FUNDING THE COST OF OPERATIONS FOR THE GALLATIN COLLEGE OF THE MONTANA STATE UNIVERSITY, SOUTHWEST MONTANA’S TWO-YEAR COLLEGE? ; and 2. The City Manager shall not make the payment as described above if it is determined the Gallatin County Commission is required by law to pay for the costs of the election. 3. The one and one half mills approximating $125,000 for fiscal year 2014 as appropriated by City Commission Resolution 4449 to support Gallatin College shall not be affected by this resolution but such grant to Gallatin College shall be reduced by the amount invoiced by the County Election Administrator for the costs of the November 5th special election as authorized pursuant to this resolution; and 4. The payment of costs to Gallatin County for the special election provides a benefit to the citizens of Bozeman and is for a public purpose because: 109 Resolution 4460 Page 3 of 4 a. Providing long term county-wide funding for Gallatin College operations equitably distributes the funding support for regional higher education; b. Should the City and county voters approve the one and one half mills such levy will provide permanent long term funding for Gallatin College; c. Adequately funding Gallatin College increases access to a greater diversity of higher education programs for the City’s citizens; d. Adequately funding Gallatin College will enable Gallatin College to provide additional course offerings in line with the skills demanded of the local work force by the City’s businesses; e. Adequately funding Gallatin College provides a gateway to additional higher education for the City’s citizens who may not be able to attend a four year college; f. Adequately funding Gallatin College will provide opportunities for the City’s young adults to obtain general and technical training to enter the workforce or while continuing to work; g. Adequately funding Gallatin College will provide educational opportunities for the City’s citizens to gain new skills while continuing their employment which may lead to better paying jobs for the City’s citizens; and h. Adequately funding Gallatin College will provide the opportunity for Gallatin College to plan for its future needs. 5. The Bozeman City Clerk shall transmit a certified copy of this Resolution to the Gallatin County Board of County Commissioners upon its execution. PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the _____ day of ________, 2013. ___________________________________ SEAN A. BECKER Mayor ATTEST: ________________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ___________________________________ 110 Resolution 4460 Page 4 of 4 GREG SULLIVAN City Attorney 111