Ordinance 15-15 Purchasing Tax Foreclosure Property, Kenai Peninsula Borough (KPB) Tax Parcel Number 173-052-19

CITY OF HOMER

HOMER, ALASKA

City Manager

ORDINANCE 15-15

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, PURCHASING TAX FORECLOSURE PROPERTY, KENAI PENINSULA BOROUGH (KPB) TAX PARCEL NUMBER 17305219, AND DESIGNATING ITS USE FOR PUBLIC PURPOSE AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE APPROPRIATE DOCUMENTS.

               WHEREAS, Pursuant to Homer City Code 18.06.010 Real property acquisitions, authority. a. The City may acquire, own and hold real property within or outside the City boundaries by any lawful means or conveyance, and may exercise all rights and powers in the acquisition, ownership and holding of real property as if the City were a private person; and

               WHEREAS, Kenai Peninsula Borough Land Management has prepared a preliminary list of foreclosed parcels to be sold in the Borough’s 2015 Tax Foreclosure Auction; and

WHEREAS, Pursuant to AS 29.45.450 Deed to Borough or City, a city may request conveyance of tax foreclosed property when the city has an immediate need for that property and property may be deeded to the City subject to taxes owed through judgment date, interest, and any out of pocket cost incurred by the KPB through the date of the actual payment; and

WHEREAS, There is a 40-acre parcel in the Bridge Creek Watershed, KPB tax parcel number 17305219, that would serve the public by protecting the integrity of Homer’s water source; and

WHEREAS, The parcel may be deeded to the City of Homer upon payment of the taxes owed to the Borough with accrued interest, and out of pocket cost incurred by the Borough  upon KPB tax parcel number 17305219 in the amount of $2,805.21; and

WHEREAS, Upon receipt of $2,805.21 the Borough will record a quitclaim to convey title to the City; and

               WHEREAS, Pursuant to the provisions of Homer City Code 18.06.030, 18.06.042, and 18.06.044 Real property acquisitions, designation for public use, and authorization for the appropriation, KPB tax parcel number 17305219 shall be retained for a public purpose and classified as “undesignated”.

               NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

               Section 1. The City of Homer hereby appropriates funds as follows:

Expenditure                                                 Description                                                   Amount

150-0392-5904                                             Purchase / KPB Parcel                             $2,805.21

                                                                           Number 17305219      

               Section 2. The City Manager is hereby authorized to execute the appropriate documents for the purchase of property described as follows:

Record Owner

KPB Tax Parcel Number

Legal Description

Borough Assessed Property Value

Acreage

Kenai Peninsula Borough

17305219

T 6S R 13W SEC 4 Seward Meridian HM SW1/4 NW1/4

$47,200.00

40 acres

               Section 3. This is a budget amendment ordinance, is temporary in nature, and shall not be codified.

               ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA this _______ day of ______________, 2015.

                                                                                                         CITY OF HOMER

                                                                                                         _____________________

                                                                                                         MARY E. WYTHE, MAYOR

ATTEST:

______________________________

JO JOHNSON, MMC, CITY CLERK

YES:

NO:

ABSTAIN:

ABSENT:

First Reading:

Public Hearing:

Second Reading:

Effective Date:

Reviewed and approved as to form:

_____________________________                 ____________________________

Mary K. Koester, City Manager                            Thomas F. Klinkner, City Attorney

Date: ________________________                  Date: _______________________