HOMER,
ALASKA
Hogan
ORDINANCE 10-13
AN ORDINANCE OF THE
WHEREAS,
The City of Homer Economic Development Advisory Commission has undertaken an
extensive review of the City of Homer Property Management Policy and Procedures
(Lease Policy); and
WHEREAS,
Some of the revisions of the Lease Policy require
housekeeping revisions to the City Code relating to City Leases; and
WHEREAS,
City Code takes precedence when there is a conflict between the code and the
Lease Policy; and
WHEREAS,
It is desirable to align the Code and Polices to
minimize conflicts.
NOW,
THEREFORE, THE
Section 1. Homer City
Code 18.08.120, Sublease, is repealed:
18.08.120 Sublease. a. City property may be subleased only if the lease
agreement so provides and only with the consent of the City Council.
b. A sublease of city property shall be subject to
Homer City Council approval and shall be in writing and executed by the
parties. Any amendments to a sublease shall also be in writing and subject to
City Council approval prior to becoming effective.
A lessee shall be assessed additional rent, as
determined by the Lease Committee and approved by the City Council, upon
approval of a sublease or amendments thereto.
Section 2. Homer City Code 18.08.180 (a). Assessments; capital
improvement projects, is revised:
18.08.180 Assessments:; capital improvement projects. a. A lessee of city property shall pay all real
property special assessments levied and assessed against the property to the
full extent of installments falling due during the term of the lease. in proportion to the lessee’s leasehold
interest.
b. In the event the City completes a capital
improvement project which directly benefits the leasehold property and no local
improvement district is formed to pay the cost thereof, the City may, in its
sole discretion, impose, and the lessee shall pay as additional rent, the
leasehold property's proportionate share of the cost of the improvement. The
amount of additional rent imposed annually by the City under this subsection
shall not exceed the amount which would have been payable annually by the
lessee if a local improvement district had been formed which provided for
installment payments on a schedule and bearing interest at rates typical of
other local improvement districts of the City for that type of capital
improvement.
(b) When
a local improvement district (LID) is formed, lessee shall be allowed to vote
on LID assessments affecting the lease.
Section 3. This
ordinance shall take effect upon its adoption by the Homer City Council.
Section 4. This Ordinance
is of a permanent and general character and shall be included in the City Code.
ENACTED BY THE HOMER CITY COUNCIL this _______ day of
______________, 2010.
CITY
OF HOMER
_____________________________
JAMES
C. HORNADAY, MAYOR
ATTEST:
______________________________
JO JOHNSON, CMC, CITY CLERK
YES:
NO:
ABSTAIN:
ABSENT:
First reading:
Public hearing:
Second reading:
Effective date:
Reviewed and approved as to
form:
_______________________ ____________________________
Walt Wrede, City Manager
Thomas F. Klinkner, City Attorney
Date: _________________
Date: _______________________
Fiscal Note: N/A