CITY OF HOMER

HOMER, ALASKA

City Manager, PWD, CA

RESOLUTION 04-93

A RESOLUTION OF THE CITY COUNCIL, OF HOMER, ALASKAAUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR HILLSIDE ACRES WATER AND SEWER DISTRICT EASEMENTS.

WHEREAS, A majority of the property owners within the boundaries of the Hillside Acres Water and Sewer Local Improvement District (LID) supported the project and signed the petition requesting the creation the LID; and

WHEREAS, In accordance with the provisions of the Homer City Code, the City Council held public hearings and approved the creation of the LID, as being in the best public interest, and established an assessment district; and

WHEREAS, The City has completed the design of the water and sewer improvements; and

WHEREAS, The design identified the need for easements across 26 private properties. After coordination with each affected property owner, 19 property owners have signed easements. Seven have not signed after being offered fair market value; and

WHEREAS, The City prepared a Decisional Document (document) that explains to the six landowners the basis for the decision to acquire property from them for the construction of the project. This document summarizes relevant project background information, discusses the design alternatives and impacts, describes the City's consideration of public benefits and private loss, and details the necessity for acquiring the right-of-way (easement) by exercising the power of eminent domain. In addition, this document shows that the City chose the project location most compatible with the greatest public good and least private injury; and

WHEREAS, The "document" concludes that the taking of these properties is necessary for this project. The proposed taking would be done in a manner that is most compatible with the greatest public good and least private injury; and

WHEREAS, The project cannot be constructed without easements from the seven remaining properties.

NOW THEREFORE, BE IT RESOLVED that the City Council authorizes the City Manager to initiate procedures to obtain any remaining easements by exercising the power of eminent domain. The Council finds that this action is compatible with the greatest public good and least private injury.

Passed and Adopted by the Homer City Council this 25th day of October, 2004.

CITY OF HOMER

ATTEST: _______________________________

JAMES C. HORNADAY, MAYOR

__________________________

MARY L. CALHOUN, CMC, CITY CLERK

Fiscal Note: HAWSP - $30,000.00