CITY OF HOMER City Manager

HOMER, ALASKA

RESOLUTION 02-74

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA, THAT THE CITY OF HOMER DESIRES AND SUPPORTS THE CONSTRUCTION OF ADAMS DRIVE AND DELIVERY OF EXCAVATED WASTE MATERIALS TO LOTS 1 AND 2 OF THE JACK GIST SUBDIVISION, AUTHORIZES THE EXECUTION OF THE MEMORANDUM OF AGREEMENT WITH THE STATE OF ALASKA, DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES FOR THE CITY OF HOMER TO TAKE TITLE TO, MAINTAIN AND OPERATE ADAMS DRIVE AFTER CONSTRUCTION THEREOF.

WHEREAS, The City of Homer desires that Alaska Department of Transportation and Public Facilities (ADOT/PF) plan, design and construct Adams Drive and supports the construction of Adams Drive to the standard denoted within the Memorandum of Agreement (MOA); and

WHEREAS, The City of Homer desires that ADOT/PF deliver approximately 63,000 cubic meters of water material excavated from the Homer East Road Project STP-0414/51609 to Lots 1 and 2 of the Jack Gist Subdivision, known as the waste area; and

WHEREAS, Upon completion of Adams Drive ADOT/PF will execute a quite claim deed that conveys all of its right, title and interest in Adams Drive to the City of Homer subject to utility permits, encroachment permits and driveway permits issued; and

WHEREAS, The quit claim deed will contain a possibility of reverter to ADOT/PF if any land occupied by Adams Drive ceases, for any reason, to be used for a public facility; and

WHEREAS, The City of Homer agrees to accept all waste excavation regardless of quantity and quality from the ADOT/PF East Road Project STP-0414/51609, to perform any excavation required to level the waste area, and to purchase any additional right-of-way needed for improvements to Adams Drive beyond the MOA; and

WHEREAS, the City of Homer agrees to maintain and operate Adams Drive and the waste area in accordance with City of Homer standards commencing upon substantial completion of the construction of the ADOT/PF East Road Project.

NOW, THEREFORE, BE IT RESOLVED by the City Council of Homer, Alaska that the City of Homer desires and supports the construction of Adams Drive and the delivery of excavated waste materials to lots 1 and 2 of the Jack Gist Subdivision, authorizes the execution of the MOA with the ADOT/PF for the City of Homer to take title to, maintain and operate Adams Drive after construction thereof.

PASSED AND ADOPTED by the City Council of Homer, Alaska this 25h day of November, 2002.

CITY OF HOMER

ATTEST: ________________________

JACK CUSHING, MAYOR

________________________________________

MARY L. CALHOUN, CMC, CITY CLERK

Fiscal Note: Maintenance costs, not identified for this Resolution.