CITY OF HOMER
MAYOR CUSHING

HOMER, ALASKA
KRANICH

ORDINANCE 01-09(A)
YOURKOWSKI



AN ORDINANCE OF THE CITY OF HOMER AMENDING HOMER CITY CODE CHAPTER 14.08 TO STATE THE AUTHORITY OF THE CITY COUNCIL TO LIMIT OR TERMINATE THE SALE OF WATER FOR EXPORT OR CONSUMPTION OUTSIDE THE CITY'S CERTIFICATED WATER SERVICE AREA



THE CITY OF HOMER HEREBY ORDAINS:



Section 1. Section 14.08.074 of the Homer City Code is hereby amended to read as follows:



Section 14.08.074. Surplus water; sale. (a) Subject to subsection (b) and. other provisions of this chapter, surplus-water, if any, may be made available for sale to bulk water customers, resellers, and others for export or consumption outside the certificated service area.



(b) Notwithstanding, any other provision of this title, the city council may by resolution restrict. interrupt, decrease, or terminate the sale of water for export or consumption outside the certificated. service area whenever the city council determines it is in the best interests of the city to do so. Such action requires a finding of water shortage, emergency, health concern, or good cause, based on reasons the city council determines are in the best interest of the city. If practicable, the city will give thirty days notice to the public, affected bulk water customers, and resellers of action taken under this subsection, but the failure to give such advance notice will not render the restriction, interruption, decrease, or termination ineffective, nor will it give rise to any claim or action against the city.



(c) As used in this section, "surplus water" is water that the city, in its sole discretion, determines is in excess of the sanitation, fire protection, and demands of water consumers for consumption within the certificated service area.



Section 2. The heading of Homer City Code section 14.08.079 is hereby amended to read as follows:

Section 14.08.079. Water shortage or emergency -- immunity Immunity for discretionary acts. An action for damages may not be brought against the city, or any of its agents, officers, or employees, for a claim based on the exercise or failure to exercise any discretionary function or duty granted in this chapter, whether or not the discretion was abused, including, without limitation, the exercise of discretion to restrict, interrupt, decrease, or terminate the sale of water to bulk water customers, resellers, or others for export or consumption outside the certificated service area. Nothing in this section shall be construed to limit any defenses or immunities available under AS



Page Two

Ordinance 01-09(A)

City of Homer



09.65.070 or any other provision of law.



Section 3. This ordinance is of a general and permanent nature and shall be included in the City Code.



ENACTED BY THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA, THIS ____ DAY OF ____, 2001.

CITY OF HOMER





Jack Cushing, Mayor



ATTEST:









Mary L. Calhoun, City Clerk







AYES: 6

NOES: 0

ABSTAIN:0

ABSENT: 0



First Reading: 02/12/01

Public Hearing: 02/26/01

Second Reading: 03/12/01

Effective Date: 03/13/01



Reviewed and approved as to form:





Ron Drathman City Manager Gordon J Tans City Attorney





Date