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Ordinance 15-38 Appropriating Funds for Settlement Costs in Castner vs. City of Homer Court Case Challenging Assessments for Condominiums
Summary
An Ordinance of the Homer City Council Amending the FY 2015 Operating Budget by Appropriating $42,500 From the Homer Natural Gas Special Assessment District Account for Settlement Costs in the Castner vs. City of Homer Court Case Challenging Assessments for Condominiums Within the District. City Manager.
Ordinance/Resolution ID:
15-38
Ordinance/Resolution Status:
Adopted
Introduction Date:
10/12/2015
Effective Date:
10/27/2015
Public Hearing Date:
10/26/2015
Second Reading Date:
10/26/2015
Related Meetings
Details
CITY OF HOMER
HOMER, ALASKA
City Manager
ORDINANCE 15-38
AN ORDINANCE OF THE HOMER CITY COUNCIL AMENDING THE FY 2015 OPERATING BUDGET BY APPROPRIATING $42,500 FROM THE HOMER NATURAL GAS SPECIAL ASSESSMENT DISTRICT ACCOUNT FOR SETTLEMENT COSTS IN THE CASTNER VS. CITY OF HOMER COURT CASE CHALLENGING ASSESSMENTS FOR CONDOMINIUMS WITHIN THE DISTRICT.
WHEREAS, The City and Kenneth Castner have reached an agreement in the Court Case 3HO-13-0038CI; and
WHEREAS, The City has agreed to pay $42,500 to Kenneth Castner as a civil sanction intended to compensate Castner for the attorney services provided and the costs incurred with respect to his efforts to compel the City to comply with the Court’s orders requiring the City to lawfully assess condominium units.
NOW, THEREFORE, THE CITY OF HOMER ORDAINS:
Section 1. The Homer City Council hereby amends the FY 2015 operating budget by appropriating $42,500 from the Homer Natural Gas Special Assessment District account for settlement costs in the Castner vs. City of Homer court case challenging assessments for condominiums within the district as follows:
Expense:
Account Description Amount
175-0375-5210 Settlement Castner v. City of Homer $42,500
3HO-13-0038CI
Section 2. The City Manager is authorized to execute the appropriate documents.
Section 3. This is a budget amendment ordinance, is temporary in nature, and shall not be codified.
ENACTED BY THE HOMER CITY COUNCIL this __________day of October, 2015.
CITY OF HOMER
_____________________
MARY E. WYTHE, MAYOR
ATTEST:
___________________________
JO JOHNSON, MMC, CITY CLERK
AYES:
NOES:
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: _________________________
Fiscal information: Included in ordinance.