Substitute Ordinance follows 03-29(A).
CITY
OF HOMER
HOMER,
ALASKA City Clerk
Directed by Mayor and
City Council
ORDINANCE
03-29(A)
AN ORDINANCE OF THE HOMER CITY COUNCIL AMENDING HOMER CITY CODE SECTION 17.04.030, IMPROVEMENT
DISTRICTS--FORMATION AND ASSESSMENT.
WHEREAS, The Council has expressed concern regarding
the local improvement district (LID) initiation process; and
WHEREAS, Council discussed this process during the
regular meeting of April 28, 2003 and asked for the process to be modified for
their consideration; and
WHEREAS, AS '29.46.020,
Procedure, provides the authority for municipalities to set a procedure by
Ordinance for filing petitions; and
WHEREAS, part of the City Attorney's recommendation in
Ordinance 03-01, as remanded to administration for review, has been included.
NOW, THEREFORE, THE CITY OF HOMER ORDAINS:
Section 1. HCC '17.04.030, 17.04.030 Improvement
districts--Formation and assessment. Authorization and proposals. The Council may create local improvement
districts and assess the real property benefitting from such capital
improvements for all or a portion of the cost of acquiring, installing and
constructing such improvements. An
improvement proposal may be initiated by:
a. Property owners filing, with the City Clerk, a request that an improvement district be
formed and stating what specific public improvement is to be made. This request
must be in writing and contain the signature of at least one-half fifty
one percent of the property owners of record in the proposed improvement
district.
a. 1. Upon
receipt of a request for an improvement district the City Clerk shall verify
that the requesters are record owners of the district wherein the improvements
are requested.
2. If the request has sufficient and proper requesters
the City Clerk shall:
i. schedule a neighborhood meeting of those property
owners to be benefitted by the improvement, notify the properties by mail and
include notice in the City's regular meeting advertisement, and
ii. forward the request to the Public Works Director
for review of the improvement district boundaries and verification of the
information to be used in the assessment methodology; and
iii prepare a petition containing information that shall
include the owner(s) of record, property value, Kenai Peninsula Borough Parcel
number, brief legal description, and improvement assessment information
including but not limited to the
Page
Two
Ordinance
03-29(A)
City
of Homer
assessment methodology used, and any terms or interest for assessment
payments if known.
iv. forward a copy of the petition to the Public Works
Director or designee and to the Finance Director or designee for a final review
prior to issuing the petition
b. Upon
receipt of the petition the City Clerk shall verify that Petition to
the City Council of the owners of at least one-half fifty
one percent or more in value of the property to be benefitted by the
improvement have signed the petition. The property owners may file a petition with the City Clerk
requesting that an improvement district be formed and stating what specific
public improvement is to be made.
Petition forms shall be available from the City Clerk. Upon receipt of a petition for an
improvement district the The City Clerk shall forward the
request to the City Council who shall find by resolution whether:
1. The
improvement requested is necessary and should be made; and
2. The
request has sufficient and proper petitioners; and
3. The
findings adopted by resolution under this section are conclusive.
c. If a petition is found to be insufficient the City
Clerk shall forward the information to the City Council who shall find by
resolution whether"
1. That the petition is found to be
insufficient; and
2. That the same local improvement
district request and petition may not be submitted for at least six months;
and.
3. That the same requesters/property
owners may file with the City Clerk a request for the same improvements for a
modified area within thirty days.
b.d. The City
Council may determine that an improvement is needed, and initiate by passing a
resolution by approval of not fewer than three-fourths vote of the Council so
declaring and shall proceed as provided in Sections 17.04.040 through 17.04.060
of this chapter. (Ord. 87-14 '1(part), 1987).
ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA this
________ day of ______________, 2003. CITY
OF HOMER
____________________________
JACK CUSHING, MAYOR
ATTEST:
_____________________________________
MARY
L CALHOUN, CMC, CITY CLERK
Page
Three
Ordinance
03-29(A)
City
of Homer
YES:
NO:
ABSTAIN:
ABSENT:
First
Reading: 05/12/03
Public
Hearing: 05/27/03
Second
Reading: 06/09/03
Effective
Date:
Reviewed
and Approved as to form and content:
__________________________ _________________________
Walt E. Wrede, City Manager Gordon J. Tans, City Attorney
Date: _______________ Date:
_______________
Fiscal Note: NA
CITY
OF HOMER
HOMER, ALASKA City Clerk
ORDINANCE 03-29(S)
AN ORDINANCE OF THE HOMER CITY COUNCIL AMENDING HOMER CITY CODE SECTION 17.04.030, IMPROVEMENT DISTRICTS--FORMATION AND ASSESSMENT.
WHEREAS, The Council has expressed concern regarding the local improvement district (LID) initiation process; and
WHEREAS, Council discussed this process during the regular meeting of April 28, 2003 and asked for the process to be modified for their consideration; and
WHEREAS, AS §29.46.020, Procedure, provides the authority for municipalities to set a procedure by Ordinance for filing petitions; and
WHEREAS, part of the City Attorney's recommendation in Ordinance 03-01, as remanded to administration for review, has been included.
NOW, THEREFORE, THE CITY OF HOMER ORDAINS:
Section 1. HCC §17.04.030, 17.04.030 Improvement
districts--Formation and assessment. Authorization and proposals. The Council may create local improvement districts
and assess the real property benefitting from such capital improvements for all
or a portion of the cost of acquiring, installing and constructing such
improvements. An improvement proposal
may be initiated by:
a.
Property owners filing, with the City Clerk, a
request that an improvement district be formed and stating what specific
public improvement is to be made. This request must be in writing and contain
the signature of at least one-half fifty one percent of the property
owners of record in the proposed improvement district.
a. 1. Upon receipt of a request for an improvement district the City
Clerk shall verify that the requesters are record owners of the district
wherein the improvements are requested.
2. If the request has sufficient
and proper requesters the City Clerk shall:
i. schedule a
neighborhood meeting of those property owners to be benefitted by the
improvement, notify the properties by mail and include notice in the City's
regular meeting advertisement, and
ii. forward the
request to the Public Works Director for review of the improvement district
boundaries and verification of the information to be used in the assessment
methodology, which includes an estimated project cost for non Homer Accelerated
Road Program improvement districts; and
iii prepare a petition containing information that shall include the owner(s) of record, property value, Kenai Peninsula Borough Parcel number, brief legal description, and improvement assessment information including but not limited to the
Page Two
Ordinance 03-29(S)
City of Homer
assessment
methodology used, which includes an estimated project cost for non Homer
Accelerated Road Program improvement districtsand assessment amount, and any terms
or interest for assessment payments; and
iv.
forward a copy of the petition to the Public Works Director or designee and to
the Finance Director or designee for a final review prior to issuing the
petition; and
v. the City Clerk shall assign a
deadline for return/filing of the petition with the City Clerk that shall be
sixty days from issuance of the petition; and
vi. petitioners may request an
extension, prior to the sixty day deadline
up to an additional thirty days.
b.
Upon receipt of the petition the City Clerk shall verify that Petition
to the City Council of the owners of at least one-half fifty
one percent or more in value of the property to be benefitted by the
improvement have signed the petition. The property owners may file a petition with the City Clerk
requesting that an improvement district be formed and stating what specific
public improvement is to be made.
Petition forms shall be available from the City Clerk. Upon receipt of a petition for an
improvement district the The City Clerk shall forward the
request to the City Council who shall find by resolution whether:
1. The improvement requested is
necessary and should be made; and
2. The request has sufficient and
proper petitioners; and
3. The findings adopted by resolution under this section are conclusive.
c.
If a petition is found to be insufficient the City Clerk shall forward the
information to the City Council who shall find by resolution whether:
1.
The petition is found to be
insufficient; and
2. That the same local improvement
district request and petition may not be submitted for at least six months from
the date of the adoption of the resolution; and.
3. That the same requesters/property owners may file with the City Clerk a request for the same improvements for a modified area within thirty days from the date of the adoption of the resolution.
b.d. The City Council may determine that an
improvement is needed, and initiate by passing a resolution by approval of not
fewer than three-fourths vote of the Council so declaring and shall proceed as
provided in Sections 17.04.040 through 17.04.060 of this chapter. (Ord. 87-14 '1(part), 1987).
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 ________ day of ______________, 2003. CITY OF HOMER
____________________________
JACK CUSHING, MAYOR
_____________________________________
Page Three
Ordinance 03-29(S)
City of Homer
ATTEST:
____________________________________
MARY L CALHOUN, CMC, CITY CLERK
YES:
NO:
ABSTAIN:
ABSENT:
First Reading: 05/12/03
Public Hearing: 05/27/03
Second Reading: 06/09/03
Effective Date:
Reviewed and Approved as to form and content:
__________________________ _________________________
Walt E. Wrede, City Manager Gordon J. Tans, City Attorney
Date: _______________ Date: _______________
Fiscal Note: NA