CITY OF HOMER

HOMER, ALASKA City Clerk

RESOLUTION 02-55(S)

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

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, some lot lines have been recently vacated; and

WHEREAS, Resolution 02-27 was adopted on May 13, 2002 finding the need to create the Hillside Acres Sewer Improvement/Assessment District and set the date for the public hearing on June 24, 2002; and

WHEREAS, On the public hearing was held on June 24, 2002 to hear objections or protests to the formation of said assessment district 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 August 23, 2002 with the receipt of three written objections equaling 3.6%; and

WHEREAS, it has been determined that the Hillside Acres 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 benefited pursuant to HCC 17.04.050; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of Homer, Alaska that the formation of the Hillside Acres 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.

Page Two

Resolution 01-55

City of Homer

PASSED AND ADOPTED by the City Council of Homer, Alaska this 26th day of August, 2002.

CITY OF HOMER

_______________________

JACK CUSHING, MAYOR

ATTEST:

________________________

MARY L. CALHOUN, CMC, CITY CLERK

Fiscal Note: Total estimated project cost: $963,000. Hillside Acres Sewer was grandfathered at the 50% City share level and is to be funded from the Homer Accelerated Water and Sewer Program. Total estimated assessment per parcel is $11,464.29.