Ordinance 16-19 Retaining Tax Foreclosed Property Near Easy Street and Quinalt Avenue for a Public Purpose

CITY OF HOMER
HOMER, ALASKA

City Manager

ORDINANCE 16-19

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, DETERMINING TO RETAIN FOR A PUBLIC PURPOSE TAX FORECLOSED PROPERTY IN THE HOMER RECORDING DISTRICT, THIRD JUDICIAL DISTRICT, STATE OF ALASKA DESCRIBED AS SW1/4 NW1/4 SECTION 4 TOWNSHIP 6S RANGE 13W SEWARD MERIDIAN, KPB TAX PARCEL NO. 173-052-19, LOCATED IN THE VICINITY OF EASY STREET AND QUINALT AVENUE, LAST OWNER OF RECORD DEBRA GOOD. 

WHEREAS, Homer City Code 18.06.010(a), Real property acquisitions, authority, provides that 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, Pursuant to Ordinance 15-15, adopted June 16, 2015, the Kenai Peninsula Borough on July 29, 2015 conveyed to the City tax-foreclosed property in the Homer Recording District, Third Judicial District, State of Alaska described as SW1/4 NW1/4 Section 4 Township 6S Range 13W Seward Meridian, Kenai Peninsula Borough Tax Parcel No. 173-052-19 (the “Property”); and

WHEREAS, The Property is located in the Bridge Creek Watershed and the Bridge Creek Watershed Protection District, and should be preserved as undeveloped open space for the protection of the Bridge Creek Watershed and the City’s public water supply; and

WHEREAS, AS 29.45.460(a) and HCC 18.06.042(a) authorize the City to determine that tax-foreclosed property deeded to the City shall be retained for a public purpose, and the Council finds that the Property should be retained by the City for the public purpose of protecting of the Bridge Creek Watershed and the City’s public water supply; and

WHEREAS, As required by AS 29.45.460(c) and HCC 18.06.042(e), the City Clerk sent by certified mail a copy of the published notice of hearing on this ordinance within five days after its publication to the last record owner of the Property shown on the assessment roll of the Kenai Peninsula Borough.

NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

Section 1.  Pursuant to AS 29.45.460(a) and HCC 18.06.042(a), the City hereby determines that the tax-foreclosed real property in the Homer Recording District, Third Judicial District, State of Alaska described as SW1/4 NW1/4 Section 4 Township 6S Range 13W Seward Meridian, Kenai Peninsula Borough Tax Parcel No. 173-052-19, shall be retained by the City for the public purpose of protecting of the Bridge Creek Watershed and the City’s public water supply.

Section 2.  This Ordinance is not permanent in nature, and shall not be codified.

ENACTED BY THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA, this _____ day of _______ 2016.

CITY OF HOMER

______________________
MARY E. WYTHE, MAYOR

ATTEST:

____________________________

JO JOHNSON, MMC, CITY CLERK

AYES:

NOES:

ABSTAIN:

ABSENT:

First Reading:

Public Reading:

Second Reading:

Effective Date:

Reviewed and approved as to form:

                                                                                                                                                                                                  
Mary K. Koester, City Manager                                                          Holly Wells, City Attorney

Date: _________________________                                              Date: _________________________