AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA, REPEALING HOMER CITY CODE 10.04.090, STATE OF ALASKA LEASE AND OPERATIONS POLICY AND 10.04.095, STATE OF ALASKA LEASE-RESTRICTIONS INCORPORATED BY REFERENCE.

WHEREAS, Homer City Code section 10.04.090, State of Alaska Lease and Operations Policy, and Homer City Code section 10.04.095, State of Alaska lease restrictions incorporated by reference, are obsolete in that the Small Boat Harbor has been deeded to the City of Homer and no lease exists with the State of Alaska regarding the Small Boat Harbor; and

WHEREAS, the City of Homer has a TORA and Bill of Sale for the personal property from the State of Alaska.

NOW THEREFORE, THE CITY OF HOMER ORDAINS:

Section 1. Homer City Code sections 10.04.090 and 10.04.095 are hereby repealed:

10.04.090 State of Alaska lease and operations policy. It is the intent of the City to operate the Homer Small Boat Harbor in conformance with the conditions of the lease between the City and the State and the operations policies promulgated by the State. (Ord. 95-18(S) (part), 1995; Ord. 88-2 (part), 1988.)

10.04.095 State of Alaska lease--Restrictions incorporated by reference. In compliance with the conditions of the lease agreement between the City and the State for the operation of the Homer Small Boat Harbor, any and all restrictions which are a part of such lease are incorporated into this code as though fully set forth herein. (Ord. 95-18(S) (part), 1995; Ord. 88-2 (part), 1988.)

Section 2. This ordinance is of a general and permanent character and shall be included in the Homer City Code.

ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA this _______ day of ______________, 2001.

CITY OF HOMER

______________________________

JACK CUSHING, MAYOR

ATTEST:

________________________________________

MARY L. CALHOUN, CMC, CITY CLERK

Page Two

City of Homer

Ordinance 01-04

YES: _____________________

NO: ______________________

ABSTAIN: _________________

ABSENT: __________________

First Reading:

Public Hearing:

Second Reading:

Effective Date:

Reviewed and Approved as to form and content:

__________________________________ _________________________________

RON DRATHMAN, CITY MANAGER GORDON J. TANS, CITY ATTORNEY

DATE: __________________ DATE: _________________

Fiscal Note: Not applicable.