CITY OF HOMER
HOMER, ALASKA
City Clerk
ORDINANCE 04-22
AN ORDINANCE OF THE CITY COUNCIL AMENDING HOMER CITY CODE SECTIONS 18.08.020 LEASE NEGOTIATING COMMITTEE, 18.08.030, APPROVAL OF LEASE, 18.08.100, IMPROVEMENTS.
WHEREAS, The City Council adopted Resolution 04-25(A), Revising the Property Management Policy and Procedures Manual, on April 26, 2004; and
WHEREAS, Council was advised that the revisions to the Property Management Policy and Procedures Manual would necessitate Code amendments; and
WHEREAS, Homer City Code Chapter 18.08, City Property Leases, requires amendments to Section 18.8.020, Lease Negotiating Committee, pursuant to Council's revisions to Chapter 2 of the Property Management Policy and Procedures Manual; and
WHEREAS, Homer City Code Chapter 18.08, City Property Leases, requires amendments to Section 18.8.030, Approval of Lease, pursuant to Council's revision to Sections 1.2(c) and 11.2(g) of the Property Management Policy and Procedures Manual; and
WHEREAS, Homer City Code Chapter 18.08, City Property Leases, requires amendments to Section 18.8.100, Improvements, pursuant to Council's revision to 10.2(c) of the Property Management Policy and Procedures Manual.
NOW, THEREFORE, THE CITY OF HOMER ORDAINS:
Section 1. That Homer City Code Section 18.08.020 is hereby amended to read as follows and that the Section listing will be amended accordingly and all references to the Lease Negotiating Committee will be amended to read Lease Committee;
18.08.020 Lease Negotiating Committee. The City Manager shall
establish a Lease Negotiating Committee, subject to the approval of the City
Council, to negotiate terms and conditions of leases, permits, and agreements
for use of City land and facilities for approval by the City Council. Generally
the committee shall include the City Planner, Port and Harbor Director, and
Director of Finance or their designees, but its composition may be altered by
the City Manager. The City Council shall establish the formation
of the Lease Committee and its duties by Resolution as reflected in the
Property Management Policy and Procedures Manual. (Ord.
92-10 (part), 1992).
Section 2. That Homer City Code Section 18.08.030 is hereby amended to read as follows:
18.08.030 Approval of lease. a. No lease shall be executed until, the City
Council has approved, with or without modifications, the Lease Negotiating
Committee's recommendation.
b. Except as provided in §18.08.175, the City Council may approve a lease of city land for less than fair rental value only if the motion approving the lease contains a finding that the lease is for a compelling public purpose or use, and a statement of facts upon which the finding is based.
c. The City Council gives the City Manager the authority execute
short term leases of 6 months or less pursuant to the Property Management
Policy and Procedures Manual.
(Ord. 92-10 (part), 1992).
Section 3. That Homer City Code Section 18.08.100 is hereby amended to read as follows:
18.08.100 Improvements. a. Construction of improvements. Construction of improvements shall take place only after review and approval of the construction plans by the Lease Negotiating Committee for consistency with th lease agreement and after all applicable permits and legal requirements are secured.
b. Construction of improvements not consistent with the lease agreement. Any
improvements not consistent with the lease agreement shall be construed only
after having been reviewed and approved by the City Council after review and comment
by the Lease Negotiating Committee, the port and harbor commission, the
planning commission, and any other advisory commission determined to be
appropriate by the Lease Negotiating Committee.
c. Removal of improvements upon termination. Unless
otherwise provided in the lease, or agreed to by the parties, the lessee shall
remove all improvements made on the property by lessee within sixty days after
the termination of the lease. Unless otherwise provided in the lease, or agreed
to by the parties, the lessee shall restore the property to the same conditions
it was in at the time the lease was executed by the lessee. The
City Council standards for removal of improvements are set by Resolution, as
reflected in the Property Management Policy and Procedures Manual. (Ord.
92-10 (part), 1992).
Section 4. This ordinance is a general ordinance of a permanent nature and shall be included in the City Code.
ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA this ____ day of ___________________, 2004.
CITY OF HOMER
_____________________________
JACK CUSHING, MAYOR
Page Three
Ordinance 04-22
City of Homer
ATTEST:
MARY L CALHOUN, CMC, CITY CLERK
YES: 6
NO: 0
ABSTAIN: 0
ABSENT: 0
First Reading: 05/10/04
Public Hearing: 05/25/04
Second Reading: 06/14/94
Effective Date: 06/15/04
Reviewed and Approved as to form and content:
__________________________ _________________________
Walt E. Wrede, City Manager Gordon J. Tans, City Attorney
Date: ____6/16/04___________ Date: ____06/18/04___________
Fiscal Note: NA
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