CITY OF HOMER

HOMER, ALASKA

Shadle

RESOLUTION 06-23

A RESOLUTION OF THE HOMER CITY COUNCIL, AUTHORIZING AND DIRECTING ADMINISTRATION TO CONDUCT AN APPRAISAL OF KPB PARCEL 175-040-0300, DESIGNATED FOR SALE BY ORDINANCE 91-27, PURSUANT TO HOMER CITY CODE 18.12, AND AUTHORIZING AND DIRECTING THE ADMINISTRATION TO ADVERTISE FOR BIDS FOR THE SALE OF SAID PROPERTY.

WHEREAS, KPB Parcel Number 175-040-0300 was accepted and designated for resale by the City Council via Ordinance 91-27; and

WHEREAS, This parcel was deeded to the City of Homer by Clerk's Deed on January 29, 1991; and

WHEREAS, All rights of the prior owner of record ceased in 2001; and

WHEREAS, Homer City Code (HCC)18.12.040. states that the City Council shall have the authority to determine by resolution at a regular meeting when said property is no longer required for public purposes and to authorize the sale thereof; except no property acquired by the City through a foreclosure proceeding shall be sold unless an ordinance retaining the property for public purpose or classifying it for sale shall previously have been adopted pursuant to Section 18.06.042; and

WHEREAS, HCC 18.12.040 states that unless otherwise provided herein, notice of a proposed public sale of real property shall be published at least once in a newspaper of general circulation within the City and shall be posted in at least three public places within the municipality. Both commencement of publication and posting shall be accomplished not less than thirty days prior to the date fixed for public sale; and

WHEREAS, Pursuant to HCC 18.12.020, real property shall not be sold for less than its fair market value, as defined in HCC 18.02.020; and

WHEREAS, HCC 18.12.020 states that the property to be sold shall be appraised by a qualified appraiser within the six month period immediately preceding the date of the Council resolution authorizing same; and

WHEREAS, HCC 18.12.030 states that the Council in the resolution authorizing the sale of real property shall set forth the terms and conditions of the public sale including whether the sale shall be by sealed bids or public outcry auction; and

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Resolution 06-23

City of Homer

WHEREAS, HCC 18.12.030 states that the Council may reserve the right to reject any and all bids received, that the resolution shall provide if the sale is for cash, or a cash deposit and installment purchase agreement; and

WHEREAS, The Council shall approve or disapprove all public sales of real property at the next regular meeting following the sale and shall further approve or disapprove any purchase agreement prior to its execution by the City. The approval of any public sale by the Council authorizes the City Manager to take all steps and execute all instruments to complete and close the sale. The City Manager or his designee shall conduct the sale and shall give to the bidder at the auction a receipt for all moneys received by the City. A successful bidder who does not timely comply with any of the terms and conditions in the resolution of the Council authorizing the sale shall forfeit any cash deposit paid to the City, unless return of all or any portion of such cash deposit is expressly authorized by the Council. (Prior code 26-200.5).

NOW, THEREFORE BE IT RESOLVED that the Homer City Council hereby authorizes and directs the Administration to conduct an appraisal of KPB parcel 175-040-0300, SE 1/4 of the NE 1/4 of the SW 1/4 of Sec.18 T6S R13W Seward Meridian, in the Homer Recording District, State of Alaska, which was designated for sale by Ordinance 91-27, and pursuant to Homer City Code hereby authorizes and directs the Administration to advertise for bids for the sale of said property;

BE IT FURTHER RESOLVED that the above named parcel 175-040-0300 shall be sold via the sealed bids through the City's Invitation to Bid process and that the Bid Packet will include the minimum bid allowed and that the Invitation to Bid and Bid Packet will include the statement that the Council may reserve the right to reject any and all bids received and that the bids shall include a cashier's check for made payable to the City in an amount equal to at least twenty percent of the amount bid, bids below the appraised value shall not be considered and the City Manager is authorized to include provisions for an installment purchase agreement for the remainder of the bid.

PASSED and ADOPTED by the Homer City Council this 27th day of February, 2006.

CITY OF HOMER

ATTEST: ______________________________

JAMES C. HORNADAY, MAYOR

______________________________________

MARY L. CALHOUN

Fiscal Note: Advertising and Appraisal from accounts per Ordinance 06-10