Ordinance 13-02 Creating the Natural Gas Distribution Special Assessment District

CITY OF HOMER
HOMER, ALASKA
City Manager
ORDINANCE 13-02

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA CREATING THE CITY OF HOMER NATURAL GAS DISTRIBUTION SPECIAL ASSESSMENT DISTRICT, APPROVING THE IMPROVEMENT PLAN FOR THE DISTRICT, AND AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE IMPROVEMENT.

WHEREAS, On July 23, 2012 the Council adopted Resolution 12-069 initiating a special assessment district for a natural gas distribution system in the City; and

WHEREAS, On September 24, 2012, the Council adopted Resolution 12-081 accepting and approving the improvement plan submitted by the City Manager for the proposed natural gas distribution system special assessment district; and

WHEREAS, Notice of a public hearing on the improvement plan has been published at least twice in a newspaper of general circulation in the City, and mailed via certified mail to every record owner of real property in the proposed district not less than 60 days before the hearing; and

WHEREAS, The Council conducted public hearings on the improvement plan on January 14, and January 28, 2013; and

WHEREAS, Owners of real property that would bear 50 percent or more of the assessed cost of the improvement did not file timely written objections to the improvement plan with the City Clerk.

NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

Section 1.  The natural gas distribution system in the City that is proposed in the improvement plan will improve the public health, safety and welfare, and is necessary and of benefit to the properties to be assessed.

Section 2.  Owners of real property that would bear 50 percent or more of the assessed cost of the improvement did not file timely written objections to the improvement plan with the City Clerk

Section 3.  There is hereby created the City of Homer Natural Gas Distribution Special Assessment District (“District”).  The improvement that is to be constructed in the District shall be as described in the improvement plan and illustrated in Exhibit B to this ordinance.  The properties that are to be assessed for the improvement are described in Exhibit A to this ordinance.
Section 4.  The estimated cost of the improvement is $16,875,551.  Seventy-five percent (75%) of the cost of the improvement will be assessed against the properties in the District.  The estimated amount of the assessments is $3,283.30 per lot.

Section 5.  The improvement shall be constructed in two phases.  Phase I construction shall commence in 2013 and Phase II construction shall commence in 2014.  The two phases are illustrated in Exhibit B to this resolution.

Section 6.  The City Manager is authorized to proceed with the improvement, negotiate for the sale of a special assessment bond or other financing for the construction of the improvement for Council approval, and take such other actions that are necessary to accomplish the improvement in accordance with the improvement plan upon financing approval by the Council.

Section 7.  Upon the completion of Phase II of the construction of the improvement, an amount equal to the actual total improvement cost not paid from grant funds, divided by the total number of properties within the District shall be assessed against each property within the District.  The City Clerk shall prepare a final assessment roll assessing to each property in the District the amount determined under this section.  The proposed assessment roll for the District shall be prepared and presented in accordance with HCC 17.04.070. 

Section 8.  The special assessments against properties in the District are liens on those properties and are prior and paramount to all liens except municipal real property tax liens and may be enforced as provided for the enforcement of municipal real property tax liens.

Section 9.  This ordinance is not permanent in nature, and shall not be codified.

ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA, this 11th day of February, 2013.

       CITY OF HOMER

       _________________________
       FRANCIE ROBERTS, MAYOR
       PRO TEMPORE

ATTEST:

______________________________
JO JOHNSON, CMC, CITY CLERK

YES:
NO:
ABSTAIN:
ABSENT:

First Reading:
Public Hearing:
Second Reading:
Effective Date: 

Reviewed and approved as to form:

________________________   ____________________________
Walt E. Wrede, City Manager   Thomas F. Klinkner, City Attorney

Date: ___________________   Date: _______________________