The Ordinance as amended by Council is the first one with the staff recommended substitute as the 06-26(S), just scroll down.

CITY OF HOMER

City Manager

HOMER, ALASKA

ORDINANCE 06-26(A)

AN ORDINANCE OF THE HOMER CITY COUNCIL AMENDING THE FY 06 OPERATING BUDGET BY ACCEPTING SETTLEMENT FUNDS IN THE AMOUNT OF $800,000.00 RELATED TO ITS CLAIMS IN THE HURLEN CASE AND TRANSFERRING THOSE FUNDS TO THE PORT AND HARBOR RESERVES.

WHEREAS, The Homer City Council has agreed to an out of court settlement of its claims against Hurlen Construction Company related to its work on the Pioneer Dock; and

WHEREAS, The settlement amount, $800,000.00, has been received by the City; and

WHEREAS, The City Council wishes to amend the FY 2006 Operating Budget by accepting these settlement funds and transferring them to the Port and Harbor Reserves.

NOW, THEREFORE, the City of Homer Ordains:

Section 1. That the City Council hereby amends the FY 2006 Operating Budget by accepting settlement funds in the amount of $800,000.00 related to its claims in the Hurlen Case and hereby authorizes transfer of those funds to the Port and Harbor reserves.

Account No. Description Amount

Transfer from (Revenue)

400.600.4906 Port and Harbor/Port and Harbor Administration Proceeds - Law Suits $800,000.00

Transfer to (Expenditure)

415.380.4906 Port and Harbor Reserves [ $800,000.00] $600,000.00

100.040.4906 General Fund $200,000.00

Section 2. This ordinance is a budget amendment only, is not of a permanent nature and is a non code ordinance.

PASSED AND ENACTED by the Homer City Council this ____ day of ___________, 2006

CITY OF HOMER

_____________________________

JAMES C. HORNADAY, MAYOR

ATTEST:

MARY L. CALHOUN, CMC, CITY CLERK
Introduction:

Public Hearing:

Second Reading:

Effective Date:

Ayes:

Noes:

Abstain:

Absent:

Reviewed and approved as to form and content:

___________________________ ___________________________

Walt E. Wrede City Manager Gordon Tans, City Attorney

Date Date

Fiscal Note: Fiscal information included in body of Ordinance.

Substitute

CITY OF HOMER

City Manager

HOMER, ALASKA

ORDINANCE 06-26(S)

AN ORDINANCE OF THE HOMER CITY COUNCIL AMENDING THE FY 06 OPERATING BUDGET BY ACCEPTING SETTLEMENT FUNDS IN THE AMOUNT OF $800,000.00 RELATED TO ITS CLAIMS IN THE HURLEN CASE AND TRANSFERRING $600,000.00 [THOSE FUNDS] TO THE PORT AND HARBOR RESERVES AND $200.000 TO THE GENERAL FUND.

WHEREAS, The Homer City Council has agreed to an out of court settlement of its claims against Hurlen Construction Company related to its work on the Pioneer Dock; and

WHEREAS, The settlement amount, $800,000.00, has been received by the City; and

WHEREAS, The City Council wishes to amend the FY 2006 Operating Budget by accepting these settlement funds and transferring $600,000.00 [them] to the Port and Harbor Reserves$200,000.00 to the General Fund; and

WHEREAS, The $200,000.00 to the General Fund is to reimburse part of the legal expenses incurred by the City in the Hurlen Legal Case (MRC Holdings, Inc. a Washington corporation, and American Civil Constructors West Coast, Inc., a foreign corporation, versus City of Homer, an Alaskan municipal corporation, Shannon and Wilson, Inc., a foreign corporation, Tryck Nyman Hayes, Inc. an Alaska corporation, Case No. 3AN-03-9770 Civil, Kachemak By Multi Purpose Ocean Dock Project No. 75267/STP-021-1-(40)(Pioneer Dock))

NOW, THEREFORE, the City of Homer Ordains:

Section 1. That the City Council hereby amends the FY 2006 Operating Budget by accepting settlement funds in the amount of $800,000.00 related to its claims in the Hurlen Case and hereby authorizes transfer of those funds to the Port and Harbor reserves.

Account No. Description Amount

Transfer from (Revenue)

400.600.4906 Port and Harbor/Port and Harbor Administration Proceeds - Law Suits $ 800,000.00

Transfer to (Expenditure)

415.380.4906 Port and Harbor Reserves [$800,000.00] $600,000.00

100.040.4906 General Fund $200,000.00

Section 2. This ordinance is a budget amendment only, is not of a permanent nature and is a non code ordinance.

PASSED AND ENACTED by the Homer City Council this ____ day of ___________, 2006

CITY OF HOMER

_____________________________

ATTEST: JAMES C. HORNADAY, MAYOR

MARY L. CALHOUN, CMC, CITY CLERK

Introduction:

Public Hearing:

Second Reading:

Effective Date:

Ayes:

Noes:

Abstain:

Absent:

Reviewed and approved as to form and content:

___________________________ ___________________________

Walt E. Wrede City Manager Gordon Tans, City Attorney

Date Date

Fiscal Note: Fiscal information included in body of Ordinance.