Ordinance 12-29 Amend Chapter 15 to Exclude Oscar Munson Subdivision Lot 34

CITY OF HOMER
HOMER, ALASKA

Lewis/Wythe

ORDINANCE 12-29

AN ORDINANCE OF THE HOMER CITY COUNCIL AMENDING HOMER CITY CODE CHAPTER 15.10.010 TO EXCLUDE OSCAR MUNSON SUBDIVISION LOT 34 FROM THE OCEAN DRIVE LOOP SPECIAL SERVICE DISTRICT.

WHEREAS, The City by Ordinance 11-49(S) established the Ocean Drive Loop Special Service District (“District") for the purpose of funding the operation and maintenance of the seawall that had been constructed in the Ocean Drive Loop Bluff Erosion Control Improvement District; and

WHEREAS, The City holds a permit issued by the Army Corps of Engineers for the seawall; and

WHEREAS, Among the properties included in the District is Oscar Munson Subdivision Lot 34, owned by Donald T. McNamara and Donna Rae Faulkner (the “McNamaras”); and

WHEREAS, The McNamaras have applied to the Army Corps of Engineers for the transfer of the permit issued to the City for the part of the seawall that is located on Oscar Munson Subdivision Lot 34; and

WHEREAS, The McNamaras have operated and maintained the part of the seawall that is located on Oscar Munson Subdivision Lot 34 at their own expense, and have represented to the Army Corps of Engineers and the City that they intend to continue to do so; and

WHEREAS, The McNamaras have requested that the City exclude Oscar Munson Subdivision Lot 34 from the District.

NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

Section 1. Homer City Code 15.10.010, Ocean Drive Loop Special Service District established, is amended to read as follows:

15.10.010 Ocean Drive Loop Special Service District established. a. There is established a special service district within the City designated as the "Ocean Drive Loop Special Service District" for the purpose of providing special services to the properties in the Ocean Drive Loop Bluff Erosion Control Improvement/Assessment District that are not provided elsewhere in the City.
b. The Special Service District consists of the properties in the Homer Recording District that are described as follows:

Oscar Munson Subdivision Lot 34
Oscar Munson Subdivision Lot 35

Oscar Munson Subdivision Lot 36

Oscar Munson Subdivision Lot 37

Oscar Munson Subdivision Lot 38

Oscar Munson Subdivision Lot 39

Oscar Munson Subdivision Lot 40

Oscar Munson Subdivision Lot 41

Oscar Munson Subdivision Lot 42

Oscar Munson Subdivision Lot 43

Oscar Munson Subdivision Lot 44

Oscar Munson Subdivision No. 18 Lot 45B

Oscar Munson Subdivision No. 18 Lot 45A

Tamian Subdivision Lot 1

A portion of T6S R13W Section 21, Beginning at corner of Sections 20, 21, 28, and 29; thence N 64 degrees 10 minutes E a distance of 50.00 feet; thence S 64 degrees 10 minutes E a distance of 50.00 feet; thence E a distance of 35.00 feet; thence N 0 degrees 05 minutes W a distance of 450.00 feet; thence W a distance of 125.00 feet; thence S 0 degrees 05 minutes E a distance of 450.00 feet to the point of beginning.

Seabreeze Subdivision Lot 5

Lake St ROW south of Ocean Drive Loop

Pedestrian Easement south of Ocean Drive Loop between Lots 37 and 38, Oscar Munson Subdivision

Section 2. This Ordinance is of a permanent and general character and shall be included in the City Code.

Section 3. This Ordinance is effective as of December 31, 2011.

ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA, this ______day of _____________ 2012.

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: _______________________