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CITY OF HOMER

HOMER, ALASKA

City Manager, City Attorney

ORDINANCE 06-53(S)

 

AN ORDINANCE OF THE HOMER CITY COUNCIL AMENDING HOMER CITY CODE BY CREATING A NEW TITLE 15, "SPECIAL SERVICE DISTRICTS," CREATING THE OCEAN DRIVE LOOP SPECIAL SERVICE DISTRICT AND A  DIFFERENTIAL PROPERTY TAX ZONE TO LEVY PROPERTY TAXES TO FUND SPECIAL SERVICES PROVIDED IN THE DISTRICT, AND AUTHORIZING GRANT AWARDS TO ELIGIBLE ENTITIES TO OPERATE THE SEAWALL FOR THE BENEFIT OF THE DISTRICT

 

            WHEREAS, the City may by ordinance establish, alter, and abolish differential tax zones to provide and levy property taxes for services not provided generally in the city, or a different level of service than that provided generally in the city; and

 

            WHEREAS, it appears to be in the public interest for the City to assist the property owners in providing certain services to the properties in the Ocean Drive Loop Erosion Control Local Improvement District of a special kind and greater level of service than those provided generally in the City.

 

            NOW THEREFORE, THE CITY OF HOMER HEREBY ORDAINS:

 

            Section 1.         A new Title 15 of the Homer City Code, entitled "Special Service Districts," and a new Chapter 15.10, entitled "Ocean Drive Loop Special Service District," are hereby adopted to read as follows:

Title 15

Special Service Districts

 

Chapter 15.10

Ocean Drive Loop Special Service District

 

Article 1

 

15.10.005        Definitions.  As used in this chapter:

            "Improvement District" means the Ocean Drive Loop Bluff Erosion Control Improvement/Assessment District previously established by the City as a local improvement district to construct an erosion control seawall.

            "Operate" and "Operation" with respect to the Seawall includes operation, maintenance, repair, reconstruction, improvement, insurance, and other related or similar activities conducted in the course of making and keeping the Seawall operational for its intended erosion control purpose for the benefit of the properties in the Improvement District.

            "Property Owner" means an owner of real property, including any interest in such real property, located in the Special Service District.

            "Seawall" means the erosion control seawall constructed in the Improvement District.

            "Special Service District" means the Ocean Drive Loop Special Service District established under this chapter.

 

15.10.010        Ocean Drive Loop Special Service District Established.  a. There is established  a special service district within the city designated as the "Ocean Drive Loop Special Service District" for the purpose of providing special services to the properties in the Ocean Drive Loop Bluff Erosion Control Improvement/Assessment District that are not provided elsewhere in the City. 

            b. The Special Service District is comprised of the following properties:

            Legal Description

Oscar Munson Subdivision Lot 34

Oscar Munson Subdivision Lot 37

Oscar Munson Subdivision Lot 38

Oscar Munson Subdivision Lot 39

Oscar Munson Subdivision Lot 40

Oscar Munson Subdivision Lot 41

Oscar Munson Subdivision Lot 42

Oscar Munson Subdivision Lot 43

Oscar Munson Subdivision Lot 44

Oscar Munson Subdivision Revision Lot 34

Oscar Munson Subdivision Revision Lot 35

Oscar Munson Subdivision No. 18 Lot 45B

Oscar Munson Subdivision No. 18 Lot 45A

Tamian Subdivision Lot 1

Seabreeze Subdivision Lot 5

A portion of T6S R13W Section 21, Beginning at corner of Sections 20, 21, 28, and 29; thence N 64 degrees 10 minutes E a distance of 50.00 feet; thence S 64 degrees 10 minutes E a distance of 50.00 feet; thence E a distance of 35.00 feet; thence N 0 degrees 05 minutes W a distance of 450.00 feet; thence W a distance of 125.00 feet; thence S 0 degrees 05 minutes E a distance of 450.00 feet to the point of beginning. 

Lake St ROW south of Ocean Drive Loop

Pedestrian Easement south of Ocean Drive Loop between Lots 37 and 38, Oscar Munson Subdivision

 

15.10.020        Property Tax  Levy.  a. The Special Service District shall be funded by a property tax levied on the properties in that district.  The City Council shall annually set the mill levy pursuant to Section 9.04.040.  The tax shall be assessed and collected as other real property taxes levied by the City.

b. Any property tax levied for the purpose of funding the Special Service District shall be excluded from the calculation of the mill rate contingency set forth in Section 9.16.020 for purpose of determining whether the city's sales tax levy shall remain in effect.

            15.10.030        Payment In Lieu of Taxes.  In lieu of paying taxes on  tax exempt property owned by the City in the Special Service District, the City will annually appropriate money to the district or perform in-kind services for the district equivalent in value to the amount of taxes that would be levied on the City property if it were taxable.

            15.10.040        Administration.   The administration of this chapter is a function of the Department of Administration.

            15.10.050        Services Authorized. a.  The special services provided to the Special Service District under this chapter are limited to the levy and collection of taxes and other revenues that shall be appropriated for and expended as one or more grant awards to an eligible entity for purposes authorized in this chapter.

            b. The City is not authorized to make expenditures of taxes and revenues collected under this chapter for any act performed by the City, its personnel, or its contractors for Operation of the Seawall.  This subsection does not prevent the City from appropriating funds from other revenue sources or from performing in-kind services to fulfill its obligation under Section 15.10.030.

 

            15.10.060        Excess tax revenue.  If no grant awards are made under this chapter to an eligible entity, or if at any time the City Council determines Special Service District tax revenues exceed the needs of the Special Service District, the City Council may authorize a refund of the excess tax revenues collected under this chapter to the taxpayers in proportion to amounts paid in by such taxpayers. 

           

Article 2

 

            15.10.100        Grants authorized.   a. Revenue collected by the City under this chapter may be appropriated and expended for one or more grant awards to be used for the limited purpose of funding Operation of the Seawall for the benefit of all properties in the Improvement District.   

            b.  The City Council shall have final approval of all grant awards and recipients.

 

            15.10.110        Eligible entity.  To be eligible to receive a grant award under this chapter, an entity shall

            (i) be independent of the City and organized for nonprofit purposes under the laws of Alaska as a corporation, company, partnership, or other recognized legal entity, and not an unincorporated association; and

(ii) have as a primary purpose the Operation the Seawall for the benefit of the properties in the Improvement District; and

(iii) have membership open to every Property Owner and, in fact, include in its membership a broad representation of all Property Owners; and

(iv) have established bylaws or rules that (a) require all meetings of the entity's membership and its board of directors or similar governing body to be open to all Property Owners, regardless of membership; (b) afford all Property Owners a reasonable opportunity to be heard at such meetings; and (c) require reasonable notice to all Property Owners in advance of all such meetings; and

(v) have prepared a reasonable written plan to Operate the Seawall for the benefit of all properties in the Improvement District, including an annual budget that includes projected revenues and expenses for not less than two years; and

(vi) provide written assurance that it will use amounts received under a grant award in accordance with its plan and solely for eligible grant purposes; and

(vii) prepare and submit to the City Manager an application at such time, and in such manner, and containing such information as the City Manager may require.

 

15.10.120        Grant agreement.  The City Manager may require an award recipient to enter into a grant agreement with terms to require the grantee to comply with the provisions of this chapter and provide proper accountability for the grantee's use of grant funds.

 

            Section 2.         This Odinance is of a permanent and general character and shall be included in the City Code. 

 

            ENACTED BY THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA, this __________ day of ______________________, 2006.

 

CITY OF HOMER

 

_______________________________

JAMES C. HORNADAY, MAYOR

 

ATTEST:

 

___________________________

MARY L. CALHOUN, CMC, CITY CLERK

 

 

AYES:

NOES:

ABSTAIN:

ABSENT:

 

First Reading:

Public Hearing:

Second Reading:

Effective Date:

 

Reviewed and approved as to form:

 

_____________________________              ___________________________

Walt Wrede                                                                 Gordon J Tans

City Manager                                                               City Attorney

 

Fiscal Note: NA