Memorandum 10-68 Kachemak Drive Water and Sewer Assessment District Request for Exemption to Pay Assessment

MEMORANDUM 10-68

TO: Walt Wrede, City Manager
FROM: Carey Meyer, Public Works Director
DATE: April 20, 2010
RE: Kachemak Drive Water and Sewer Assessment District Request for Exemption to Pay Assessment
__________________________________________________________________________________

The Homer City Council passed resolution 05-50(A) that established the potential need for exempting certain lands that are owned by certain organizations from road/water/sewer assessments on a case by case basis. The resolution in part declared that:

The Homer City Council has, in the past, exempted certain non-profit entities from Homer Accelerated Roads Program (HARP) and Homer Accelerated Water and Sewer Program (HAWSP) Assessments; and

The Kachemak Heritage Land Trust and Kachemak Moose Habitat, Inc. are non-profit organizations under the 501(c)(3) provisions; and provide essential services to the Homer Community; and

That the City Council may decide that certain lands preserved in their entirety for public purpose shall be exempt from HARP and HAWSP Assessment District Assessments on a case by case basis.

Kachemak Moose Habitat, Inc. owns a lot within the Kachemak Drive (Phase II) Water and Sewer assessment district (KPB tax ID # 179-100-17; Government Lot 51, west of Kachemak Drive). The organization has requested an exemption to the requirement that they be responsible for a water and sewer assessment. They are a non-profit, and although a conservation easement has not been placed on the property, their mission is to preserve land for public purposes (protect moose habitat).

Recommendations:
The City Council consider exempting Kachemak Moose Habitat, Inc. from being required to pay a water or sewer assessment for Government Lot 51, west of Kachemak Drive (KPB tax ID# 179-100-17) as part of the Kachemak Drive (Phase II) Water and Sewer assessment district until such a time as the lot is developed and a structure is constructed on the lot by passing an appropriate resolution.