CITY OF HOMER

City Manager

HOMER, ALASKA

City Clerk

RESOLUTION 01-49

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA, AUTHORIZING THE FORMATION OF THE HARRINGTON HEIGHTS WATER AND SEWER ASSESSMENT DISTRICT AT 50% PROPERTY OWNER SHARE OF ASSESSMENTS AND AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE PREPARATION AND CONSTRUCTION OF THE HARRINGTON HEIGHTS WATER AND SEWER PROJECT.

WHEREAS, the Harrington Heights Water and Sewer boundary includes Lots 9 - 16 of Block 1, Lots 9 - 16 of Block 2, Lots 1 - 16 of Block 3 and Lots 1-16 of Block 4 of the Harrington Heights Subdivision and Lots 1 and 9 of A. Anderson Tract and are located fronting Noview and Spruce view Avenues; and

WHEREAS, Resolution 01-21 was adopted on April 9, 2001 to increase the assessment from a 25% property owner share to a 50% property owner share, a public hearing was held on May 29, 2001to hear objections or protests to the increase of said assessment after property owners of the district were duly notified by certified/return receipt mailing of such hearing and legal notice of hearing being advertised in a local weekly newspaper for four consecutive publications; and

WHEREAS, the objection deadline for written protests was July 28, 2001with the receipt of ten written objections equaling 20%, two in lieu of objections - which do not count as objections - equaling 2.8%, eight non objections equaling 16%, 28 non responses equaling 56%, two in lieu of non responses equaling 2.8%, and four in lieu of payments already received equaling 2.4%; and

WHEREAS, it has been determined that the Harrington Heights Water and Sewer improvements are desired by the property owners who bear more than fifty one percent of the total project assessments to the property to be benefitted pursuant to HCC 17.04.050; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of Homer, Alaska that the formation of the Harrington Heights Water and Sewer Assessment District is authorized at 50% property owner share of assessments and that the City Manager is authorized to proceed with the preparation and construction of said project.

PASSED AND ADOPTED by the City Council of Homer, Alaska this 13th day of August, 2001.

CITY OF HOMER

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ATTEST: JACK CUSHING, MAYOR

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MARY L. CALHOUN, CMC, CITY CLERK

Fiscal Note: Total estimated project cost: $1,159,646. Total Property owner assessments at 50%: $579,823. The City's share is to be funded from the Homer Accelerated Water and Sewer Program. Total assessment per parcel is $11,596.46. There are a total of four in lieu of agreements and the affected property owners have already paid 2.4% of this project.