CITY
OF HOMER
HOMER,
ALASKA City Clerk
ORDINANCE 04-51
AN ORDINANCE OF THE HOMER CITY
COUNCIL AMENDING HOMER CITY CODE
SECTION 17.04.030, IMPROVEMENT DISTRICTS--FORMATION AND ASSESSMENT, AND SECTION
17.04.050, IMPROVEMENT PLAN--OBJECTIONS AND REVISIONS
WHEREAS, The Council has
expressed concern regarding the local improvement district (LID) initiation
process; and
WHEREAS, Council
discussed this process during the Committee of the Whole on September 13, 2004
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, Council’s
questions and concerns were relayed to the City Attorney through email on September 14, 2004 and
discussed with him, in person, on September 15, 2004.
NOW, THEREFORE, THE CITY
OF HOMER ORDAINS:
Section 1. Homer City Code Section 17.04.030 is hereby
amended to read as follows:
17.04.030
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 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 fifty-one
percent of the property owners of record in the proposed improvement district.
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
Page
Two
Ordinance
04-51
City
of Homer
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 assessment methodology used, which includes an estimated project cost
for non Homer Accelerated Road Program improvement districts and 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 the owners of at least fifty-one percent or more in value
of the property to be benefitted by the improvement have signed the
petition. 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;
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.
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. 03-29(S), 2003; Ord. 87-14
§1(part), 1987).
Section
2. Homer City Code Section
17.04.050 is hereby amended to read as follows:
17.04.050 Improvement
plan--Objections and revisions. a.
The owner of property to be assessed may file a written objection to the plan
no later than sixty days after the public hearing required in Section
17.04.040(b). At the end of the sixty days, if the owners of property in the
district who shall bear fifty-one percent or more forty percent or
more of the total costs have not objected, the Council may pass a
written resolution approving the plan and proceeding with the improvement.
b. Non responses during the sixty
day objection period shall be deemed to be objections. The right to appeal is
limited to those who file a written objection.
Page
Three
City
of Homer
Ordinance
04-51
b.c. If objections are made in writing
during the period set forth for objections by owners of property who shall bear
fifty percent or more more than sixty percent of the total
estimated cost of the improvement, the council may not proceed with the
improvement unless the plan is revised to meet the objections and the
objections are reduced to less than fifty percent sixty percent or
less. The Council may then pass a resolution approving the revised
plan, which shall now become an original plan, and proceed with the
improvement.
c.d. If a change is made by Council in an
improvement district boundary, such change shall be made promptly by the City
Clerk after any amendment thereof has been passed. Property owner(s) affected by the change will be notified
promptly by the City Clerk in writing.
(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
____________________________
JAMES C. HORNADAY, MAYOR
ATTEST:
____________________________________
MARY
L CALHOUN, CMC, CITY CLERK
YES:
NO:
ABSTAIN:
ABSENT:
First
Reading:
Public
Hearing:
Second
Reading:
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