CITY OF HOMER

HOMER, ALASKA

City Manager

ORDINANCE 05-45

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA CONFIRMING AND RATIFYING THE PURCHASE OF PROPERTY IN THE BRIDGE CREEK WATERSHED PROTECTION DISTRICT AND DESIGNATING ITS USE AS PUBLIC PURPOSE.

WHEREAS, The City Council adopted Emergency Ordinance 05-40 on August 8, 2005 authorizing the purchase of 5.93 Acres in the Bridge Creek Watershed; 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, The acquisition of Bridge Creek Watershed land has been a public process; and

WHEREAS, Pursuant to Homer City Coude Section 18.06.010 Real property acquisitions, authority, the City may acquire, own and hold real property within or outside the City boundaries by any lawful means or conveyance, and may exercise all rights and powers in the acquisition, ownership and holding of real property as if the City were a private person; and

WHEREAS, At such time as the City Council deems this parcel no longer necessary for the protection of the Bridge Creek Watershed and the City's water supply and quality, the City Council may consider trading or selling this parcel for property(s) that are considered to better protect the City's Bridge Creek watershed, water supply and water quality.

NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

Section 1. That the City Council hereby confirms and ratifies the purchase from Paul Haapanen of 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

Section 2. Pursuant to Homer City Code Section 18.06.042(b), Property retained for a public purpose may be classified for a public use consistent with the provisions of the Comprehensive Plan and Homer Zoning Code or may be classified as "undesignated".

The City Council hereby designates this property for a public use to protect and enhance the City's Bridge Creek Watershed and thereby protect its water quality.

Page Two

Ordinance 05-45

City of Homer

Section 3. At such time as the City Council deems this parcel no longer necessary for the public purpose as set forth herein the City Council may re designate, by Ordinance, this parcel for sale or trade provided that this property is sold or traded with the sole purpose of continued protection of the City's Bridge Creek Watershed, water supply and water quality.

The City Council may consider further amendments to the Bridge Creek Watershed Protection District and/or set covenants for the use of this property, legal description under Section 1. of this Ordinance.

Section 4. This is a non code Ordinance and shall not be included in the Homer City Code.

PASSED AND ENACTED by the Home City Council this ____ day of ____________, 2005.

CITY OF HOMER

_______________________

JAMES C. HORNADAY, MAYOR

ATTEST:

_____________________________________

MARY L. CALHOUN, CMC, CITY CLERK

Introduction: August 8, 2005

Public Hearing:

Second Reading:

Effective Date:

Ayes:

Noes:

Abstain:

Absent:

Page Three

Ordinance 05-45

City of Homer

Reviewed and approved as to form and content:

____________________________ ___________________________

Walt E. Wrede, City Manager Gordon Tans, City Attorney

____________________________ ___________________________

Date Date

Fiscal Note: Expenditure for Parcel approved via Emergency Ordinance 05-40: Revenue - Land Fund Acct. 150.392 has $67,373.00 available Expenditure Acct, 150.392. Bridge Creek Watershed Land Acquisition, $63,500.00 plus any closing costs