Resolution 15-048(S) Submission of Revised Petition to Form Lillian Walli Fairview Avenue Road and Sewer Special Assessment District

CITY OF HOMER

HOMER, ALASKA

City Manager

RESOLUTION 15-048(S)

A RESOLUTION OF THE CITY COUNCIL OF HOMER, ALASKA, PROVIDING FOR THE SUBMISSION OF A REVISED PETITION TO FORM THE LILLIAN WALLI FAIRVIEW AVENUE ROAD RECONSTRUCTION AND PAVING AND SEWER IMPROVEMENTS SPECIAL ASSESSMENT DISTRICT.

WHEREAS, A petition for road reconstruction and paving and sewer improvements for property owners within the Lillian Walli Fairview Avenue Subdivision was circulated from October 30, 2014 to December 30, 2014; and

WHEREAS, The lots contained within this proposed special assessment district are covered by a subdivision agreement that stipulates that the costs of the construction of all subdivision improvements are the responsibility of the lot owners; and

WHEREAS, Improvements constructed within this subdivision are not eligible for Homer Accelerated Roads and Trails (HART) funding, but the City nonetheless is willing to finance the cost of constructing the improvements in the proposed district from HART program funds, with 100% of the financed cost being repaid from assessments of the benefitted properties; and

WHEREAS, The properties within the proposed Lillian Walli Sewer Special Assessment District have been previously assessed for sewer improvements that did not provide sewer service to the properties; a credit should be given each benefitted property in the amount of the previous assessment; and

WHEREAS, It is expected that the road improvements that should be constructed within Fairview Avenue will incorporate additional pavement width, curb and gutter, street lighting and pedestrian/bike friendly amenities associated with a “collector” street that are not normally required for a residential road, the cost of which benefits the community as a whole; and

WHEREAS, The petition erroneously stated that the proposed improvements were eligible for HART and Homer Accelerated Water and Sewer Program (HAWSP) funds; and

WHEREAS, This inaccuracy in the petition calls into question the validity of signatures from property owners in favor of the improvements, and to assure the validity of signatures in favor of the improvements, the petition should be resubmitted to the property owners with a correct description of the sources of funding for the improvements.

NOW, THERFORE, BE IT RESOLVED that the petition for the Lillian Walli Fairview Avenue Subdivision Road Reconstruction and Paving and Sewer Improvements Special Assessment District shall be resubmitted to the property owners in the proposed district with a correct description of the sources of funding for the improvements, with further proceedings on the petition to be governed by HCC 17.04.040 – 17.04.050.

BE IT FURTHER RESOLVED that the Homer City Council supports the creation of the special assessment district once all necessary conditions have been met, with the City financing the cost of constructing the improvements in the proposed district from HART program funds, with 100% of the financed cost being repaid from assessments of the benefitted properties, with the understanding that the amount of previously paid sewer assessments will be credited back to each property owner at the time the proposed Lillian Walli road and sewer assessments are levied; and that any additional cost associated with constructing a “collector” street vs. a normal residential street will be paid for by the City.

PASSED AND ADOPTED by the Homer City Council on this 29th day of June, 2015.

                                                                                                         CITY OF HOMER

                                                                                                         _______________________

                                                                                                         MARY E. WYTHE, MAYOR

ATTEST:

______________________________

JO JOHNSON, MMC, CITY CLERK

Fiscal Note: N/A