CITY OF HOMER

City Manager

HOMER, ALASKA

ORDINANCE 06-67

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA APPROVING A SETTLEMENT AGREEMENT IN FULLER VS. HOMER, CASE NUMBER 3HO-02-78CI; AMENDING THE FY 2006 OPERATING BUDGET TO APPROPRIATE SETTLEMENT FUNDS IN THE AMOUNT OF $15,750.00; AND AUTHORIZING THE CITY MANAGER'S EXECUTION OF THE APPROPRIATE DOCUMENTS.

WHEREAS, Fuller V. The City of Homer ( Case No. 3HO-02-78 CI) involves a dispute over the costs associated with privileged review by the City Manager of documents and files that were requested when the annexation petition was filed; and

WHEREAS, Both Ms. Fuller and the City of Homer wish to settle this case out of court and have agreed to do so for $15,750; an amount that would cover primarily attorney's fees, and

WHEREAS, The City Council has determined that settling this case for the amount of $15,750.00 is in the overall best interest of the City.

NOW, THEREFORE, the City of Homer Ordains:

Section 1. That the City Council hereby approves a settlement agreement in Fuller vs. Homer, Case Number 3HO-02-78CI, amends the FY 2006 Operating Budget to Appropriate Settlement Funds in the Amount of $15,750.00 as follows and that the City Manager is hereby authorized to execute the appropriate documents:

Account No. Description Amount

Revenue Account General Fund, Fund Balance $15,750.00

150-000-2710

Account No. Description Amount

Expenditure Account Fuller V. City of Homer Settlement $15,750./00

150-000-2710

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

Page Two

Ordinance 06-67

City of Homer

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.

/mlc