Ordinance 15-11 Amend HCC 17.04.100 Subdivision of Property Subject to Natural Gas Distribution Assessments

Summary

An Ordinance of the City Council of Homer, Alaska, Amending Homer City Code Section 17.04.100, Subdivision After Levy of Assessments, to Provide for Subdivisions of Property Subject to Natural Gas Distribution Assessments. City Manager.

Ordinance/Resolution ID: 
15-11
Ordinance/Resolution Status: 
Adopted
Introduction Date: 
04/27/2015
Effective Date: 
05/12/2015
Public Hearing Date: 
05/11/2015
Second Reading Date: 
05/11/2015

Details

CITY OF HOMER                                                            

                                                                              HOMER, ALASKA

City Manager

                                                                            ORDINANCE 15-11 

 

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, AMENDING HOMER CITY CODE SECTION 17.04.100, SUBDIVISION AFTER LEVY OF ASSESSMENTS, TO PROVIDE FOR SUBDIVISIONS OF PROPERTY SUBJECT TO NATURAL GAS DISTRIBUTION ASSESSMENTS.

 

               THE CITY OF HOMER ORDAINS:

 

Section 1.  Homer City Code 17.04.100, Subdivision after levy of assessments, is hereby amended to read as follows:

 

17.04.100 Subdivision after levy of assessments.

a. Except as provided in subsections (b) and (c) of this section, upon the subdivision of a property assessed as a single parcel, the amount of the assessment shall be allocated among the resulting lots that benefit from the improvement on the same basis that the assessment originally was allocated.

b. Except as provided in subsection (c) of this section, upon the subdivision of a property assessed as a single parcel in an assessment district where assessments were levied in an equal amount per parcel (i.e., without regard to parcel area, dimension or other characteristic), then no resulting parcel, other than the parcel that contains the original connection to the improvement for which the assessment was levied, may connect to the improvement until a subdivided property connection fee is paid for the parcel.

1. The amount of the connection fee shall be equal to the amount of the original assessment, adjusted up or down by a percentage equal to the change in the Consumer Price Index, All Urban Consumers (CPI-U) for Anchorage, Alaska, from the end of the calendar year preceding the original assessment date to the end of the calendar year preceding the date the parcel is connected to the improvement.

2. If the original assessment was payable in installments the City may enter into a written agreement for the payment of the connection fee in installments on terms that are substantially the same as those authorized for the payment of the original assessment, secured by a deed of trust on the parcel.

3. Upon receiving connection fee payments, the City shall allocate such payments to each property assessed in the district in proportion to the amount originally assessed against the property, either by adjusting the original assessment amount or disbursing a payment to the record owner at the time of disbursement.

c. Upon the subdivision of a property assessed as a single parcel in an assessment district for natural gas distribution improvements where assessments were levied in an equal amount per parcel (i.e., without regard to parcel area, dimension or other characteristic), the assessment levied on the property that is to be subdivided shall be paid in full before the recording of the final plat.  No parcel that results from the subdivision shall be subject to assessment for the improvements, but shall be charged for connecting to the improvements in accordance with the tariff of the public utility that provides natural gas service to the parcel.

 

Section 2.  This Ordinance is of a permanent and general character and shall be included in the City Code.

 

               ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA, this 11th day of May, 2015.

 

                                                                                                         CITY OF HOMER

 

 

_____________________

                                                                                                         MARY E. WYTHE, MAYOR

ATTEST:

 

___________________________

JO JOHNSON, MMC, CITY CLERK

 

YES:

NO:

ABSTAIN:

ABSENT:

 

 

First Reading:

Public Hearing:

Second Reading:

Effective Date: 

 

Reviewed and approved as to form

 

                                                                                                                                                                                          

Mary K. Koester, City Manager                                                          Thomas F. Klinkner, City Attorney

Date:                                                                                                             Date:                                                       

 

Fiscal Note: NA