CITY OF HOMER

HOMER, ALASKA

City Manager/City Attorney

RESOLUTION 05-32(A)

A RESOLUTION OF THE CITY COUNCIL, OF HOMER, ALASKA CLARIFYING AND REAUTHORIZING EMINENT DOMAIN PROCEEDINGS, AND CONFIRMING THE CITY'S INTENT TO AUTHORIZE USE OF A DECLARATION OF TAKING FOR HILLSIDE ACRES WATER AND SEWER DISTRICT EASEMENTS.

WHEREAS, The City Council adopted Resolution 04-93 on October 25, 2004, based upon the Decisional Document prepared by the City's director of public works for the condemnation of easements on private property to facilitate the Hillside Acres Water and Sewer Local Improvement District sewer and water utility project; and

WHEREAS, Pursuant to Resolution 04-93 the City Council authorized the City Manager to initiate procedures to obtain remaining easements by the power of eminent domain; and

WHEREAS, Eminent domain proceedings have been commenced, including the filing of a declaration of taking for the easements described in the Decisional Document; and

WHEREAS, It has been alleged in pleadings filed in those eminent domain proceedings that the City Council did not approve the Decisional Document and did not authorize the use of a declaration of taking and did not authorize the director of public works to execute those documents; and

WHEREAS, All of those allegations are untrue and the City Council did by the adoption of Resolution 04-93 intend to approve the Decisional Document, authorize the use of all available lawful eminent domain procedures, including a declaration of taking, and to authorize the City manager,including his agent the director of public works, to execute documents and take all other steps necessary to prosecute such eminent domain proceedings; and

WHEREAS, The City Council desires to remove all doubt concerning its prior approval and authorizations.

NOW THEREFORE, BE IT RESOLVED, by adopting Resolution 04-93 the City Council did authorize and approve the Decisional Document and did authorize the City Manager, including his agents, particularly the director of public works, to take all steps necessary to obtain easements through the power of eminent domain by means of all available procedures, including but not limited to, a declaration of taking; and

Page Two

Resolution 05-32(A)

City of Homer

BE IT FURTHER RESOLVED, because allegations have been made that the City Council's prior actions were inadequate to constitute such approvals and authorizations, the City Council hereby again approves, authorizes, and ratifies all previous and future actions of the City Manager and his agents, including the director of public works, in connection with the filing of the eminent domain action for taking easements in connection with the Hillside Acres Water and Sewer Local Improvement District sewer and water utility project, including but not limited to the approval of the Decisional Document (including the supplement), the filing of the eminent domain lawsuit, and the use of declaration of taking; and

BE IT FURTHER RESOLVED, the Council confirms its prior findings and again finds that these actions are compatible with the greatest public good and least private injury.

PASSED and ADOPTED this 14th day of March, 2005 by the Homer City Council.

CITY OF HOMER

__________________________________

JAMES C. HORNADAY, MAYOR

ATTEST:

____________________________________

MARY L. CALHOUN, CMC, CITY CLERK

Fiscal Note: Resolution 04-93 - HAWSP - $30,000.00.