CITY OF HOMER City Manager

HOMER, ALASKA

EMERGENCY ORDINANCE 05-40

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, APPROPRIATING $63,500.00 FROM THE LAND FUND TO PURCHASE 5.93 ACRES IN THE BRIDGE CREEK WATERSHED AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE APPROPRIATE DOCUMENTS.

WHEREAS, Resolution 94-59(S)(A) was adopted by the Homer City Council on May 23, 1994 indicating the City's desire to own land adjacent to the City's water supply for protection purposes; and

WHEREAS, Homer's Comprehensive Plan, page 45, Objection 1, Policy 1.1, states that the City shall protect and enhance the Bridge Creek watershed, its only source of community water; and

WHEREAS, Resolutions 04-78(S) and 04-80(S) were adopted as part of the City's Capital Improvement Project Priorities lists for Alaska Department of Environmental Conservation and Legislative Request for FY 2006 which request funding for the acquisition of Bridge Creek Watershed land; and

WHEREAS, The acquisition of Bridge Creek Watershed land has been a public process; and

WHEREAS, The Paul Haapanen has 5.93 acres in the Bridge Creek Watershed having the following legal description:

Legal Description: HM0840119 T06S R13W S07 Pioneer Valley Subdivision Lot 2

KPB Parcel Number 173-070-7600

Located at 5601 Carter Drive

WHEREAS, This parcel is close to the Bridge Creek Reservoir, the City's Water Treatment Plant and has a stream running through it to the Bridge Creek Reservoir.

NOW, THEREFORE, BE IT ORDAINED by the City of Homer :

Section 1. $63,500.00 shall be appropriated as follows:

Account No. Description Amount

Special Revenue Land Fund $67,373.00

Fund available

150.392

Expenditure Bridge Creek Watershed Land Acquisition $63,500.00

150.392 plus any closing costs

Section 2. That the City Manager is authorized to execute the appropriate documents and to put down $1,000.00 earnest money on this property.

Page Two

Ordinance 05-40

City of Homer

Section 3. This Ordinance is an Emergency Ordinance, it is effective upon adoption and is effective for sixty days following adoption, statement of facts and findings are as follow:

a. Acquisition of Bridge Creek Water Shed Land is in the City of Homer's Capital Improvement Priorities and Legislative Requests and Department of Environmental Department Requests; and

b. The City must move quickly since there is considerable possibility that the land may be sold; and.

c. It is imperative for the City to protect the quality of the public drinking water.

Section 4. An Ordinance shall be back before the Council at the August 22nd meeting to designate the use of this parcel and to set a public hearing.

PASSED AND ENACTED by the Homer City Council this ________ day of __________, 2005

CITY OF HOMER

_____________________________ JAMES C. HORNADAY, MAYOR

ATTEST:

______________________________________

MARY L. CALHOUN, CMC, CITY CLERK

Introduction: 08/08/05

Public Hearing:

Second Reading:

Effective Date:

Ayes:

Noes:

Abstain:

Absent:

Reviewed and approved as to form and content:

___________________________

Walt Wrede, City Manager Gordon Tans, City Attorney

___________________________

Date Date

Fiscal Note: Fiscal information included in body of Ordinance.