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 

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                                    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.

 

 

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            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