CITY OF HOMER

HOMER, ALASKA

City Manager

ORDINANCE 10-38

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, AMENDING ORDINANCE 10-21 TO AUTHORIZE THE PURCHASE OF PROPERTY WITHIN THE BRIDGE CREEK WATERSHED, KENAI PENINSULA BOROUGH PARCEL NO. 17307031 (N 663 FT. OF NE 1/4, SE 1/4, EAST OF SKYLINE DRIVE, T 6S R 13W SEC 7), IN THE AMOUNT OF $115,500 FROM THE WATER DEPRECIATION RESERVE ACCOUNT FOR THE PURPOSE OF PROTECTING THE WATERSHED AND PROVIDING ALTERNATE ACCESS TO PROPERTY NORTH OF THE CITY’S WATER TREATMENT PLANT.

WHEREAS, It has been Council’s policy to acquire property within the Bridge Creek Watershed to protect the quality of water in the reservoir; and

WHEREAS, As part of the eminent domain proceeding to acquire the site for the new water treatment plant, the City needs to provide access to adjacent parcels, a requirement of the Kenai Peninsula Borough Platting Authority; and

WHEREAS, This land transaction is important to protect the water quality, provide access to adjacent properties, and satisfy Kenai Peninsula Borough platting requirements; and

WHEREAS, The City originally expected to acquire the property for $90,000, the purchase price that was authorized by Ordinance 10-21, but the owner of the property would not accept a purchase price less than $115,500, and it is necessary to amend Ordinance 10-21 to provide for the increased purchase price.

NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

Section 1. Section 1 of Ordinance 10-21 is amended to read as follows:

The Homer City Council hereby authorizes the purchase of Kenai Peninsula Borough Parcel No. 17307031 within the Bridge Creek Watershed (N 663 ft. of NE 1/4, SE 1/4, East of Skyline Drive, T 6S R 13W Sec 7) with funds from the Water Depreciation Reserve Account for the purpose of protecting the watershed and providing alternate access to property north of the City’s Water Treatment Plant as follows:

Expenditure:

Account No. Description Amount

256-378 Water Depreciation Reserve $115,500

Section 2. This is a budget amendment ordinance, is temporary in nature, and shall not be codified.

ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA, this ________ day of ______________ 2010.

CITY OF HOMER

_____________________________

JAMES C. HORNADAY, MAYOR

ATTEST:

______________________________

JO JOHNSON, CMC, CITY CLERK

First Reading:

Public Hearing:

Second Reading:

Effective Date:

YES:

NO:

ABSTAIN:

ABSENT:

Reviewed and approved as to form:

________________________ ____________________________

Walt E. Wrede, City Manager Thomas F. Klinkner, City Attorney

Date: __________________ Date: __________________