Resolution 06-87 and 06-87(S) ( substitute requested by Council on July 24, 2006)

CITY OF HOMER

HOMER, ALASKA

City Manager

RESOLUTION 06-87

A RESOLUTION OF THE CITY COUNCIL OF HOMER, ALASKA AUTHORIZING THE SALE OF LOT 18, MATTOX SUBDIVISION TO KENAI PENINSULA HOUSING INITIATIVES, INC. (KPHI) AT APPRAISED VALUE PURSUANT TO HCC 18.12.060.

WHEREAS, Lot 18, Mattox Subdivision, Borough Parcel Number 1790610100, was authorized for sale by Ordinance 96-04 and the Council reaffirmed its intent to offer the Lot for sale when it recently approved the City Land Allocation Plan; and

WHEREAS, An appraisal of the property was conducted pursuant to HCC 18.12.020 and the estimated market value is $55,000; and

WHEREAS, KPHI has expressed an interest in this lot for the past few years and wishes to acquire it so that it can construct office and meeting space, consolidate its facilities and services, and expand upon its mission to provide affordable housing to special needs clients who live in the Homer area; and

WHEREAS, KPHI is willing to pay appraised fair market value and enter into a PILT Agreement for property taxes (Payment in Lieu of Taxes); and

WHEREAS, The City recently donated the adjacent lot (LOT 19, Resolution 03-74 A) to KPHI so that it could construct the highly successful Brookside facility; and

WHEREAS, KPHI has been a very good partner with the City, has a proven track record, and provides a much needed service in the community; and

WHEREAS, HCC 18.12.060 provides that the City may sell, convey, exchange, transfer, donate, dedicate, or assign any real property no longer needed for public purpose to the United States, the State of Alaska, a political subdivision of the State, or an agency of any of these entities, for consideration agreed upon between the City and the grantee, without a public sale or otherwise complying with the provisions of HCC 18.12.101-.050, if the City Council determines the transaction is advantageous to the City. A transaction may be for less than fair market value and without an appraisal unless otherwise directed by the City Council.

NOW THEREFORE BE IT RESOLVED, That the Homer City Council finds that it is in the best interest of the City to sell Lot 18 to KPHI pursuant to HCC 18.12.060 because of the agency’s proven track record of addressing an identified need in the community for affordable housing, and

Page Two

Resolution 06-87

City of Homer

BE IT FURTHER RESOLVED, That the City Council hereby authorizes the City Manager to enter into a sales agreement with KPHI for Lot 18, Mattox Subdivision, Borough Parcel Number 1790610100 with the following stipulations:

That the sale be for the appraised value, or $55,000
That a PILT Agreement addressing property taxes be agreed upon and enacted
That development on Lot 18 meet all zoning and land use requirements of the City
That development and maintenance of the stream located there meet the same requirements and stipulations that were in place for the development of Lot 19
That the proceeds of the sale go into the Alternative Depreciation Fund established by Ordinance 05-11 (S) and codified at HCC 18.04.

PASSED AND ADOPTED by the Homer City Council this 24^th day of July, 2006.

CITY OF HOMER

JAMES C. HORNADAY, MAYOR

ATTEST

MARY L. CALHOUN, CMC, CITY CLERK

Fiscal Note: Revenue, $55,000. To be deposited in Alternative Depreciation Account

CITY OF HOMER

HOMER, ALASKA

Council

RESOLUTION 06-87(S)

A RESOLUTION OF THE CITY COUNCIL OF HOMER, ALASKA AUTHORIZING THE SALE OF LOT 18, MATTOX SUBDIVISION.

WHEREAS, Lot 18, Mattox Subdivision, Borough Parcel Number 1790610100 was authorized for sale by Ordinance 96-04 and the City Council reaffirmed its intent to offer the lot for sale when it approved the City Land Allocation Plan; and

WHEREAS, An appraisal of the property was conducted pursuant to HCC 18.12.020 and the estimated market value is $55,000;

WHEREAS, The City Council wishes to offer this lot for sale to the highest responsive bidder through a Public Sale as authorized by HCC 18.12.010.

NOW THEREFORE BE IT RESOLVED, That the City Council finds that it is in the best interest of the City to offer Lot 18 for sale to the highest responsive bidder pursuant to Chapter 18.12 of the Homer City Code and authorizes the City Manager to execute the necessary documents and procedure to accomplish this; and

BE IT FURTHER RESOLVED, That such sale shall be:

By sealed bid (HCC 18.12.040)
Cash only (HCC 18.12.030)
Not be for less than appraised value (HCC 18.12.030).

BE IT FURTHER RESOLVED, That the proceeds of the sale shall be deposited into the Alternative Depreciation Fund established by Ordinance 05-11 (S) and codified at HCC 18.04.

PASSED AND APPROVED by the Homer City Council this 14^th day of August, 2006.

CITY OF HOMER

JAMES C. HORNADAY, MAYOR

ATTEST:

MARY L. CALHOUN,CMC,CITY CLERK

Fiscal Note: Revenue, $55,000. To be deposited in Depreciation Account