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, 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 shall only be taken upon a legislative finding by the City Council that such action is 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. 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

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Ordinance 01-16

City of Homer

ATTEST:

____________________________________

MARY L. CALHOUN, CMC, CITY CLERK

AYES:

NOES:

ABSTAIN:

ABSENT:

First Reading:

Public Hearing:

Second Reading:

Effective Date:

Reviewed and approved as to form:

__________________________ ___________________________

Ron Drathman City Manager Gordon J Tans City Attorney

Date