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HomeMy WebLinkAboutOrdinance No. 3169-2020KENAI CITY OF KENAI ORDINANCE NO. 3169-2020 Sponsored by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE GENERAL FUND, FINANCE DEPARTMENT FOR THE PAYMENT OF FEES IN CONNECTION WITH THE COLLECTION OF REMOTE SELLER SALES TAX BY THE ALASKA REMOTE SELLER SALES TAX COMMISSION ON BEHALF OF THE CITY OF KENAI. WHEREAS, Resolution 2020-09 authorized the Alaska Remote Seller Sales Tax Commission (Commission) to implement, administer, and enforce the provisions of Kenai Peninsula Borough Code section 5.19, Uniform Remote Seller Sales Tax Code on behalf of the City; and, WHEREAS, the Commission began collection of remote seller sales tax on behalf of the City in March 2020; and, WHEREAS, fees for collection by the Commission are on a sliding scale based on total collection by the Commission for all participating municipalities and average 19.10%; and, WHEREAS, the FY2021 Budget included estimated revenues from remote seller sales tax of $250,000 net of collection fees; and, WHEREAS, in consultation with the City's independent auditors, it was discovered that governmental accounting standards prohibit the reporting of revenues net of fees; and, WHEREAS, governmental accounting standards require the reporting of remote seller sales tax at gross and the fees paid for collection separately; and, WHEREAS, an amount for the payment of fees was not included in the FY2021 Adopted Budget and is needed to properly account for the City's collection of remote seller sales tax. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. That the estimated revenues and appropriations be increased as follows: General Fund: Increase Estimated Revenues — Appropriation of Fund Balance $egg Increase Appropriations — Finance - Professional Services $50.000 Ordinance No. 3169-2020 Page 2 of 2 Section 2. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 3. Effective Date: That pursuant to KMC 1.15.070(0, this ordinance shall take effect immediately upon enactment. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16'" day of December, 2020. ATTEST: Heinz, CMC, City Approved by Finance: BRIAN GABRIEL SR.. MAYOR JP �•e ��N _••" '' *Introduced: December 2, 2020 ED 1 Enacted: December 16, 2020 Effective: December 16, 2020 New Text Underlined; [DELETED TEXT BRACKETED] K E N A I City of Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www.kenaixity MEMORANDUM TO: Mayor Gabriel and Council Members THROUGH: Paul Ostrander, City Manager FROM: Terry Eubank, Finance Director DATE: November 6, 2020 SUBJECT: Ordinance 3169-2020 Appropriating Funds for Collection Fees in Connection with the Collection of Remote Seller Sales Tax The purpose of this memo is to recommend the enactment of Ordinance 3169-2020 that will appropriate funds for the payment of fees to the Alaska Remote Seller Sales Tax Commission (Commission). Resolution 2020-09 authorized the Commission to implement, administer, and enforce the provisions of Kenai Peninsula Borough Code section 5.19, Uniform Remote Seller Sales Tax Code on behalf of the City. The adopted FY2020 Budget included net revenue for remote seller sales tax of $250,000. In consultation with the City's independent auditors, it was discovered that governmental accounting standards prohibit the reporting of revenues net of fees but rather require the reporting of revenues and their associated fees separately at gross. This Ordinance will provide the necessary budget for the payment of the fees for collection. Fees for collection are on a sliding scale dependent upon the amount of remote seller sales tax collected by the Commission for all members and is currently averaging 19.10% of collections. July and August collection of remote seller sales tax averaged approximately $19,000 per month with fees of approximately $3,250 per month. Collections continue to grow but will not likely reach the $310,000 needed in FY2021 to achieve net revenue of $250,000. Fund balance is needed to appropriate the FY2021 estimated fees of $50,000. With continued growth in collections, it is likely the City will achieve gross collection of at least $310,000 in subsequent years. Gross collections of $310,000 will provide for the payment of approximately $60,000 in fees and produce net revenue of $250,000 from remote seller sales tax. Your support for the enactment of Ordinance 3169-2020 is respectfully requested