Resolution 11-066(S)(A) Authorizing Formation of Kachemak Drive Phase Two Water and Sewer Improvement /Assessment District at 75% Property Owner Share

CITY OF HOMER
HOMER, ALASKA

City Clerk

RESOLUTION 11-066(S)(A)

A RESOLUTION OF THE HOMER CITY COUNCIL AUTHORIZING FORMATION OF THE KACHEMAK DRIVE PHASE TWO WATER AND SEWER IMPROVEMENT/ASSESSMENT DISTRICT AT 75% PROPERTY OWNER SHARE OF ASSESSMENTS AND AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE PREPARATION AND CONSTRUCTION OF THE KACHEMAK DRIVE PHASE TWO WATER AND SEWER PROJECT.

WHEREAS, The Kachemak Drive Phase Two Water and Sewer District boundary contains lots fronting a portion of Kachemak Drive beginning at East End Road and ending at Campbell Lane and including portions of HK Davis, Moore Holt, Northern Enterprises, Lee Cole, Seekins Replat, Uminski Addition, CR Hart and JO Campbell, Morris, Tyrer Halgens Survey, Harry Feyer, Mac Innes, John L. Warren Replat, Rankin Subdivision, and Rocky Point Subdivisions and Government Lots; and

WHEREAS, In compliance with Chapter 17, Improvement District, of the Homer City Code, the Homer City Council created the Kachemak Drive Phase Two Water and Sewer Local Improvement District (LID) on April 11, 2005 via Resolution 05-43 and a public hearing was held on May 24, 2005; and

WHEREAS, The solicitation of bids to construct the improvements in the District was delayed due to difficulties in easement acquisition and a lengthy environmental permitting process, resulting in the Homer City Council adopting Resolution 10-54 on July 19, 2010 to extend the period for constructing the improvements to July 25, 2015; and

WHEREAS, On March 14, 2011 via Resolution 11-023(S) the Homer City Council again confirmed the need to create the LID and a public hearing was held on April 24, 2011; and

WHEREAS, Property owners were duly notified by certified/return receipt mailing of the hearing and legal notice of the hearing was published in a local weekly newspaper for four consecutive publications; and

WHEREAS, The objection deadline for written protests was June 24, 2011; and

WHEREAS, Filed with the City Clerk are ten (10) written objections to include twelve (12) parcels that equal $402,471.84 in assessments or 10.23%, fifteen (15) written non objections to include twenty-four (24) parcels that equal $804,943.68 in assessments or 20.45%, forty-three (43) non responses to include fifty-two (52) parcels that equal $1,744,044.64 in assessments or 44.32%, all totaling 75% of the project cost; and

WHEREAS, The estimated project cost is $3,935,280.00 with 25% paid for by the Homer Accelerated Water and Sewer Program and 75% paid for by the property owners via the equal share per parcel methodology, equaling an approximate $33,539.32 assessment per parcel.

NOW, THEREFORE, BE IT RESOLVED by the City Council of Homer, Alaska, that the formation of the Kachemak Drive Phase Two Water and Sewer Assessment District is hereby authorized at 75% property owner share of the project, in equal shares per parcel, and that the City Manager is hereby authorized to proceed with the preparation and construction of the Kachemak Drive Phase Two Water and Sewer Project.

NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of Homer, Alaska, that under a separate resolution the assessment rolls will be amended by the removal of Kenai Peninsula Borough parcel number 179-330-04 in the Rocky Point subdivision Lot 44C from the preliminary assessment roll dated March 15, 2011.
PASSED and ADOPTED by the City Council of Homer, Alaska, this 27th day of June, 2011.

CITY OF HOMER

_____________________________
JAMES C. HORNADAY, MAYOR

ATTEST:

_______________________________
JO JOHNSON, CMC, CITY CLERK

Fiscal Note: Estimated project cost is $3,935,280.00 with 25% paid for by the Homer Accelerated Water and Sewer Program and 75% paid for by the property owners via the equal share per parcel methodology, equaling an approximate $33,539.32 per assessment for 88 parcels.