CITY OF HOMER

City Manager

HOMER, ALASKA

City Clerk

RESOLUTION 01-54

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA, NOTING THE FAILURE OF THE THOMPSON DRIVE 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 THOMPSON DRIVE AREA

WHEREAS, the Thompson Drive Sewer District boundary contains Tract DA1 of the Guy Waddell Boundary (Replat Broderson Tract DA), Survey east 165 feet of south 532 feet of the Guy Waddell Boundary, Tract H. Guy Waddell Boundary Survey of Tract E and H and I exc southerly 266 feet, Tract H Guy Waddell Boundary Survey southerly 266 feet, Tract 5A Thompson Subdivision Replat of Lot 5 Tract E Lots 5A and 5B southerly portion, Lots 2-4 and 8-9 of Thompson Subdivision, Lots 1 - 2 of Thompson Subdivision No. 4, Lots 1A1- 1A3 and 3A of Thompson Subdivision No. 5, and Lot F7A of Scenic View Subdivision No. 6; 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 58.8%, one in lieu of equaling 4.95% counting the in lieu of payment only or 5.88% including the amount previously paid, one non objection equaling 5.88%, and five non responses equaling 29.4%; and

WHEREAS, it has been determined that the Thompson Drive 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 Thompson Drive 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 Thompson Drive 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 01-54

City of Homer

CITY OF HOMER

_______________________

ATTEST: JACK CUSHING, MAYOR

____________________________________

MARY L. CALHOUN, CMC, CITY CLERK

Fiscal Note: Total estimated project cost: $372,672.00. Total Property owner assessments at 50%: $186,336.00. Total assessment per parcel is $10,960.94. One in lieu of already paid $1,732.50.