Resolution 10-13 Finding the Homer Citizens for Erosion Control Meets Requirements to Qualify o Receive Grants for Operation of the Seawall and to Adopt the Required Amendments Prior to Making an Application for Grant Funds

CITY OF HOMER
HOMER, ALASKA

City Manager

RESOLUTION 10-13

A RESOLUTION OF THE CITY COUNCIL OF HOMER, ALASKA, FINDING THAT WITH SPECIFIED AMENDMENTS TO ITS ARTICLES AND BYLAWS HOMER CITIZENS FOR EROSION CONTROL SUBSTANTIALLY MEETS THE REQUIREMENTS TO QUALIFY AS AN ELIGIBLE ENTITY TO RECEIVE GRANTS FOR OPERATION OF THE SEAWALL UNDER HCC 15.10.100, AND ENCOURAGING THE CORPORATION TO ADOPT THE REQUIRED AMENDMENTS PRIOR TO MAKING AN APPLICATION FOR GRANT FUNDS.

WHEREAS, Ordinance 06-53(S) established the Ocean Drive Loop Special Service District and is codified as Chapter 15.10 of the Homer City Code; and

WHEREAS, Pursuant to HCC 15.10.020, the City has levied and collected property taxes in the Special Service District in 2008 and 2009; and

WHEREAS, HCC 15.10.100 provides that property tax revenues collected by the City in the Special Service District may be appropriated and expended for grant awards to be used for the limited purpose of funding operation of the seawall for the benefit of all properties in the Ocean Drive Loop Bluff Erosion Control Improvement District; and

WHEREAS, HCC 15.10.110 states that to be eligible to receive grants under HCC 15.10.100, an organization must meet the criteria contained therein; and

WHEREAS, Homer Citizens for Erosion Control Inc. has been working to establish itself as an “eligible entity” under HCC 15.10.110 and has, among other things, adopted Articles of Incorporation and Bylaws; and

WHEREAS, The City Attorney has reviewed these legal documents and other information provided to him and has found that Homer Citizens for Erosion Control substantially meets all but two of the requirements contained in HCC 15.10.110; and

WHEREAS, The City Attorney has reported that Homer Citizens for Erosion Control can meet the remaining two requirements in HCC 15.10.110 by adopting specified amendments to its Articles of Incorporation and Bylaws; and

WHEREAS, The Homer City Council reviewed the City Attorney’s report and supporting backup information at the regular meeting on January 11, 2010.

NOW, THEREFORE, BE IT RESOLVED that the Homer City Council finds that with the adoption of amendments to its Articles of Incorporation and Bylaws specified by the City Attorney, Homer Citizens for Erosion Control Inc. will substantially meet all of the requirements contained in HCC 15.10.110 for becoming an “eligible entity” qualified to receive grants under HCC 15.10.100.

BE IT FURTHER RESOLVED that the Council encourages Homer Citizens for Erosion Control to adopt the amendments to its Articles of Incorporation and Bylaws that are required for it to qualify as an eligible entity prior to making a formal application for grant funds.

PASSED AND ADOPTED by the Homer City Council this 11th day of January, 2010.

CITY OF HOMER

_____________________________
JAMES C. HORNADAY, MAYOR
ATTEST:

______________________________
JO JOHNSON, CMC, CITY CLERK

Fiscal Note: N/A