CITY OF HOMER

City Manager

HOMER, ALASKA

City Clerk

RESOLUTION 01-53

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA, NOTING THE FAILURE OF THE SALTWATER DRIVE WATER AND 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 THE SALTWATER DRIVE AREA

WHEREAS, the Saltwater Drive Water and Sewer District boundary contains the lots fronting Saltwater Drive on the north and south of Saltwater Drive and includes Block 1 Lots 1 - 7, Block 2 Lots 1 - 7 of Binocular Bluff Subdivision, a parcel lying south of the Sterling Highway, Tract B-1 of the Mutch Tracts, Tract A of the Kachemak Riviera Subdivision with in Government Lot 3, Lots 1, 4-7 and Tract A of the Derose Subdivision and Tract C of the Lillian Walli Estates; 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 thirteen written objections equaling 52% this includes one objection from an equitable owner, four non objections equaling 16% and eight non responses equaling 32%; and

WHEREAS, it has been determined that the Saltwater Drive Water and Sewer improvements are not desired by the property owners who bear fifty percent or more 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 Saltwater Drive Water and 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 Saltwater Drive water and 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 01-53

City of Homer

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: $1,353,120.00. Total Property owner assessments at 50%: $676,560.00. Total assessment per parcel is $27,062.40.