CITY OF HOMER

City Manager

HOMER, ALASKA

City Clerk

RESOLUTION 01-51

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA, NOTING THE FAILURE OF THE HILLSIDE ACRES SEWER IMPROVEMENT/ASSESSMENT DISTRICT AND AUTHORIZING AN EXTENSION OF NINETY DAYS OF THE 50% PROPERTY OWNER SHARE OF ASSESSMENTS FOR REDISTRICTING TO THE PROPERTY OWNERS OF HILLSIDE ACRES AREA.

WHEREAS, the Hillside Acres Sewer District predominately lies northerly of the Sterling Highway, westerly and then southernly of West Hill and includes Tract 1 of the David Bear 1954 Boundary Survey; a Parcel lying SE of Bidarki Creek Subdivision and North of the Sterling Highway; Hillside Acres Subdivision Tracts 7, 5, 8, 9, 12, 14, Lots 4A, 4B, 13 A, 13 B, Binocular Bluff Subdivision Block 1 Lots 9, 10 and 11; Hillside Acres Resubdivision Lots 10 A, 10B and 10 C; Hillside Acres Subdivision Unit 3 Tract 11A and Tract 11B; Hillside Acres Subdivision No. 5 Tracts 6B, 6A, 3, 1, Tract 2 & 13 1983 Tract 2A, Tract 2 & 13 1983 Tract 2B; Bidarki Creek Subdivision Lots 6, 5A, 4A, 3A, 2A, 1A, Tract 3, and Tract 1; Lillian Walli Estates Subdivision Lots 17, 36, 37, 38 and Tract D; Skyline Drive Subdivision No. 6 Lots 1, 2, and 3; Guy Waddell Tract A; and a parcel defined as HM T06S R14W S24 portion E1/2 W1./2 and NE 1/4; 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 twenty one written objections equaling 50%, one non objection equaling 2.4% and twenty non responses equaling 47.6%; and

WHEREAS, it has been determined that the Hillside Acres Sewer improvements are not desired by the property owners who bear more than fifty 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 failure of the Hillside Acres Sewer Improvement/Assessment District is hereby noted and that an extension of ninety days of the 50% property owner share of assessments is hereby authorized for the purpose of redistricting the Hillside Acres sewer area by the property owners.

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

Page Two

Resolution 01-51

City of Homer

CITY OF HOMER

_______________________

JACK CUSHING, MAYOR

ATTEST:

____________________________________

MARY L. CALHOUN, CMC, CITY CLERK

Fiscal Note: Total estimated project cost: $963,000. Total Property owner assessments at 50%: $481,500. Total assessment per parcel is $11,464.29.