Emergency Ordinance 12-52(S) Budget Amendment for Additional Funds for Completion of the Nick Dudiak Fishing Lagoon Dredging Project

CITY OF HOMER
HOMER, ALASKA
                                                                                               City Manager/Public Works Director/
Port and Harbor Director
EMERGENCY ORDINANCE 12-52(S)
                                                                                                               
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, AMENDING THE FY 2012 CAPITAL BUDGET BY APPROPRIATING AN ADDITIONAL $101,250 FROM THE GENERAL FUND BALANCE FOR COMPLETION OF THE NICK DUDIAK FISHING LAGOON DREDGING PROJECT.

WHEREAS, The Homer City Council adopted Ordinance 12-43 and Ordinance 12-44 (A)(S) which together appropriated $376,500 for the Fishing Lagoon Dredging Project; and

WHEREAS, The approved project budget/appropriation was based upon the removal of 25,000 cubic yards of material and it is now apparent that 32,500 cubic yards of material will need to be removed if the Lagoon is to be dredged to its original design depth; and

WHEREAS, The City of Homer received a supplemental $100,000 in revenue sharing this year and it would be appropriate to allocate this money toward the repair of the fishing lagoon.

WHEREAS, Dredging an additional 7,500 cubic yards will cost $101,500; and

WHEREAS, An emergency exists and an emergency ordinance is justified because:

• The contractor is already on site and mobilized. To remobilize would cost approximately $20,000 and it cannot be assumed that the contractor would be available later or would complete the job for the same unit price.
• The Council, under its present schedule, could not adopt an appropriation ordinance until December 10, far longer than the equipment can be retained on site. The contractor would likely need to be compensated for sitting idle.
•  A new RFP for dredging the remaining material would be costly and time consuming, and could increase the total expenditure and jeopardize the targeted completion date.
• Stopping now and/or completing the job using another method of dredging would drive the cost higher, cause the City to miss the environmental window for dredging, and potentially require new permits.
• Stopping now or delaying would likely result in the City Council not being able to achieve its goals including restoring the Lagoon to its original design depth, insuring optimal conditions for fish survival, and completing the project before ADF&G stocks the Lagoon in the spring.

NOW, THEREFORE, BE IT ORDAINED by the City of Homer:

Section 1: The City Council hereby amends the FY 2012 Capital Budget by appropriating an additional $101,250 from the General Fund Balance for completing the Nick Dudiak Fishing Lagoon Dredging Project as follows:

Expenditure:
From Account:
Account No.                                Description                                    Amount
100-100                                            Fishing Hole Dredging                   $101,500

To Account:
Account No.    Description    Amount
151-779                                      Nick Dudiak Fishing    $101,500
      Lagoon Dredging          

Section 2.  The Council finds that an emergency exists and that an emergency ordinance is justified for the reasons stated in the Whereas clauses.

Section 3. This ordinance is a budget amendment ordinance only, is not of a permanent nature, and shall not be codified.

Section 4. The material generated by this project can be sold for use off the Spit.

Section 5. Any proceeds from gravel sales will be placed in the fishing lagoon fund.
PASSED AND ADOPTED by the Homer City Council this 2nd day of November, 2012.

      CITY OF HOMER

      _____________________________
      MARY E. WYTHE, 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 Wrede, City Manager    Thomas F. Klinkner, City Attorney

Date: ___________________    Date: _______________________