Ordinance 16-17(S) Determining No Public Purpose for Kachemak Drive Lots and Authorizing Their Sale

CITY OF HOMER

                                                                                HOMER, ALASKA

City Manager

                                                                           ORDINANCE 16-17(S)

AN ORDINANCE OF THE HOMER CITY COUNCIL DETERMINING THAT A PUBLIC PURPOSE DOES NOT EXIST FOR CITY PROPERTIES DESCRIBED AS LOT 1, HARRY FEYER SUBDIVISION, AND THE FOLLOWING LOCATED IN SECTION 14, TOWNSHIP 6, RANGE 13, SEWARD MERIDIAN: GOVT. LOT 3 LYING EAST OF KACHEMAK DRIVE, S. ½ OF GOVT. LOT 30 LYING WEST OF KACHEMAK DRIVE, AND GOVT. LOTS 10, 21, 24, 25 AND 36; AND AUTHORIZING THEIR SALE.

WHEREAS, The following properties were conveyed to the City of Homer (“City”) by Clerk’s Deed:

Lot 1, according to the Plat of Harry Feyer Subdivision, filed under Plat 4712, Homer Recording District, Third Judicial District, State of Alaska (KPB Parcel No. 179-110-05); and

Govt. Lot 3 lying east of Kachemak Drive, Section 14, Township 6 South, Range 13 West, Seward Meridian (KPB Parcel No. 179-150-03); and

WHEREAS, The following property was conveyed to the City by the Kenai Peninsula Borough:

S. ½ of Govt. Lot 30 lying west of Kachemak Drive, Section 14, Township 6 South, Range 13 West, Seward Meridian (KPB Parcel No. 179-80-50); and

WHEREAS, The following properties were conveyed to the City by Patent from the State of Alaska:

Govt. Lots 10, 21, 24, 25 and 36, Section 14, Township 6 South, Range 13 West, Seward Meridian (KPB Parcel Nos. 179-080-09, 179-080-15, 179-080-25, 179-080-26 and 179-100-01); and

WHEREAS, The Council has determined that a public purpose does not now exist for the properties described above and designated the properties for sale in the City’s 2015 Land Allocation Plan adopted by Resolution 15-030(A) on April 27, 2015.

               NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

               Section 1.  Pursuant to AS 29.45.460(b) and Homer City Code 18.06.042, the City hereby determines that a public purpose does not exist for the following tax-foreclosed property:

Lot 1, according to the Plat of Harry Feyer Subdivision, filed under Plat 4712, Homer Recording District, Third Judicial District, State of Alaska (KPB Parcel No. 179-110-05)

               Section 2.  Pursuant to AS 29.45.460(b) and Homer City Code 18.06.042, the City hereby determines that a public purpose does not exist for the following tax-foreclosed property:

Govt. Lot 3 lying east of Kachemak Drive, Section 14, Township 6 South, Range 13 West, Seward Meridian (KPB Parcel No. 179-150-03)

Section 3.  Notwithstanding Homer City Code 18.12.020(b), because the close of the redemption period for each of the properties described in Sections 1 and 2 occurred more than 10 years ago, this ordinance shall not be subject to the requirements of Homer City Code 18.06.042(d) and (e).

Section 4.  The Council confirms its determination in Resolution 15-030(A) that a public purpose does not exist for the following properties:

S. ½ of Govt. Lot 30 lying west of Kachemak Drive, Section 14, Township 6 South, Range 13 West, Seward Meridian (KPB Parcel No. 179-80-50)

Govt. Lots 10, 21, 24, 25 and 36, Section 14, Township 6 South, Range 13 West, Seward Meridian (KPB Parcel Nos. 179-080-09, 179-080-15, 179-080-25, 179-080-26 and 179-100-01)

               Section 5. The City Manager is authorized to offer the property described in Section 1 for sale, and that property may be sold, for less than fair market value, in consideration of its development constraints and large water and sewer assessment.  Pursuant to Homer City Code 18.12.020(d) and 18.12.040, the Council finds that if a time not exceeding one year that the City Manager determines to be reasonable has passed without the City receiving any acceptable bid for this property, it is in the best interest of the City for the City Manager to offer to convey the property for nominal consideration to any owner of adjacent property that will bear the expense of replatting the property into a combined lot with the owner’s adjacent property.

               Section 6.  The City Manager is authorized to offer the properties described in Sections 2 and 4 for sale in accordance with Chapter 18.12 of the Homer City Code.  The City Manager initially shall solicit bids to purchase each property.  Pursuant to Homer City Code 18.12.020(d), the Council finds that if a time that the City Manager determines to be reasonable has passed without the City receiving any acceptable bid for one or more of these properties it is advantageous to the City for the City Manager to dispose of those properties through sole source negotiations.

               Section 7. This Ordinance is not permanent in nature, and shall not be codified.

ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA, this __ day of _______________, 2016.

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: ________________________

Fiscal Note: Revenues unknown at this time.