CITY OF HOMER

HOMER, ALASKA

Shadle

ORDINANCE 06-47(A)



AN ORDINANCE OF THE HOMER CITY COUNCIL AMENDING HOMER CITY CODE SECTION 17.04.040, NECESSITY OF IMPROVEMENT--IMPROVEMENT PLAN, ADDRESSING LOT LINE VACATION IN EQUAL SHARE PER PARCEL LOCAL IMPROVEMENT DISTRICTS.

WHEREAS, Since the total number of parcels dictates the parcel improvement assessment amount in a Local Improvement District (LID) that has an assessment methodology of equal shares per parcel; and

WHEREAS, The vacation of lot lines affects the other property owners in an LID that has the assessment methodology of equal shares per parcel by increasing all parcel assessments; and

WHEREAS, Property owners must have the best and most accurate information during the objection period to make the best educated decision with regard to objection or non objection to the proposed improvements; and

WHEREAS, Property owners and Council have discussed the vacation of lot line situation and its major impacts to the others participating in an LID.

NOW, THEREFORE, THE CITY OF HOMER ORDAINS:

Section 1. Homer City Code Section 17.04.040 Necessity of improvement--Improvement plan--Hearing is hereby amended to read as follows:

17.04.040 Necessity of improvement--Improvement plan--Hearing.

a. Upon passage of a resolution as specified in Section 17.04.030 of this chapter, the City Manager shall prepare an improvement plan which shall include the extent of the improvement, boundaries of the district, the estimated cost, percentage of the improvement plan cost to be assessed against the property benefitted, length of time for financing, and a preliminary assessment roll.

b. At the time of the passage of the resolution noted in Section 17.04.030 of this chapter, the City Council shall set a time for public hearing on the necessity of the improvement and proposed improvement plan. Notice of such hearing shall be published at least once a week for four consecutive weeks in a newspaper of general circulation within the City. Notices shall also be sent to every record owner of property within the improvement district, not less than fifteen days prior to the hearing.

1. If a landowner vacates a property line or property lines for the purposes of combining more than one parcel to form a single parcel of land (including without limitation lots and tracts of any size) originally listed as more than one parcel in a local improvement district where assessments are proposed to be set as a fixed and equal without regard to the characteristics of the parcel, i.e., without regard to the parcel size or dimensions, then that vacation must occur prior to the public hearing notice [must occur no later than the public hearing notice] sent to the property owners pursuant to HCC 17.04.040(b); and

2. A vacation of lot line(s) must occur within the time line stated in HCC 17.04.040(b)(1) for a parcel to be assessed as a single parcel

c. Property Owner Petitioners Waiver. If there is one hundred percent participation by property owners of the district, such owners may request and give written waiver of notice and right to public hearing as outlined in subsection b. of this section, and waive the sixty-day objection period as outlined in Section 17.04.050(a), whereby the Council shall pass the resolution approving the plan and proceeding with the improvement. If at any time during the preliminary improvement plan process, should added costs appear to cause the total project cost to exceed the engineer's estimate by fifteen percent or more, which was given to the property owners in the preliminary plan, the project may not proceed until the owners of said property have been notified in writing, and the provisions of Section 17.04.060 have been met. (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 ______________, 2006.
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:

Page Three

Ordinance 06-47(A)

City of Homer

Reviewed and Approved as to form and content:

__________________________ _________________________

Walt E. Wrede, City Manager Gordon J. Tans, City Attorney

Date: _______________ Date: _______________

Fiscal Note: NA