CITY OF HOMER

City Clerk

HOMER, ALASKA

RESOLUTION 03-108(A)

A RESOLUTION OF THE HOMER CITY COUNCIL CONFIRMING THE ASSESSMENT ROLL, ESTABLISHING DATES FOR PAYMENT OF SPECIAL ASSESSMENTS, AND ESTABLISHING DELINQUENCY, PENALTY AND INTEREST PROVISIONS FOR THE FOREST GLEN WATER AND SEWER ASSESSMENT DISTRICT.

WHEREAS, In compliance with Chapter 17, Improvement District, of the Homer City Code, the City Council of the City of Homer created the Forest Glen Water and Sewer improvement district on April 14, 1997, via Resolution 97-27, at the 25% property owner share of assessments; and

WHEREAS, A public hearing was held on May 12, 1997 to hear objections to the formation of such district; and

WHEREAS, Council adopted Resolution 01-21 to reassess the Forest Glen Water and Sewer Improvement District at a 50% property owner share of assessments; and

WHEREAS, A public hearing was held on May 29, 2001 to hear objections to the formation of such district at the 50% property owner share of assessments; and

WHEREAS, Resolution 01-48 was adopted by Council on August 13, 2001 to form the Forest Glen Water and Sewer Improvement/Assessment District and authorizing the City Manager to proceed with the preparation and construction of said improvement district; and

WHEREAS, The Forest Glen Water and Sewer Improvement Project was completed and accepted for City Maintenance, forwarded for final process and public hearing date set for July 28, 2003, via Resolution 03-48(S)(A) on June 9, 2003; and

WHEREAS, An assessment roll has been prepared and a hearing was held on July 28, 2003 to hear objections for the purpose of making corrections to the final assessment roll, all corrections found necessary have been made; and

WHEREAS, The assessment roll as presented by the City Clerk and reviewed and corrected where necessary and attached hereto as Attachment A, is hereby confirmed as the official assessment roll for the Forest Glen Water and Sewer Assessment District and the Mayor and Clerk shall be directed to sign same.

NOW, THEREFORE, BE IT RESOLVED THAT ON OR BEFORE 5:00 p.m. October 15, 2003, all assessments in the Forest Glen Water and Sewer Assessment District shall become due and payable in full. All assessments not paid in full by this date shall be considered delinquent and in default and shall have added a penalty of ten percent (10%) which penalty and principal amount of the assessment shall both draw interest at a rate of two and one half percent (2.5%) per annum until paid. Should default occur, the City of Homer will institute a civil action for a foreclosure of the assessment lien. Foreclosure shall be against all property on which assessments are in default. All costs including collection and legal fees resulting from such action, shall be added and incorporated

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Resolution 03-108(A)

City of Homer

into the assessed amount due plus interest and penalties and shall be reimbursed from the proceeds of foreclosure sale of the assessed real property; and

BE IT FURTHER RESOLVED that an optional twenty (20) year payment plan is offered whereby the assessment may be paid in twenty (20) equal yearly installments plus interest of two and one half percent (2.5%) on the unpaid balance of the assessment. The first such installment shall be due and payable without interest on or before 5:00 p.m. October 15, 2003 and each installment thereafter shall be due on or before October 15, of each year, plus interest on the unpaid balance of the assessment. If any annual installment payment is not received when due, the entire outstanding principal amount of the assessment shall be in default and shall be immediately due and payable. The entire outstanding assessment principal (including the annual installment) shall have added a penalty of ten percent (10%) on the outstanding principal. The principal and penalty shall draw interest at the rate of fifteen percent (15%) per annum until paid. Should default occur, the City will institute civil action for foreclosure of the assessment lien. Foreclosure shall be against all property on which assessments are in default. All costs including collection and legal fees resulting from such action shall be added and incorporated into the assessed amount due plus interest and penalties, and shall be reimbursed from the proceeds of foreclosure sale of the assessed real property; and

BE IT FURTHER RESOLVED, to recognize expenditures by the subdividers for water and sewer stub outs and reimburse those costs as would have normally been associated with the project and of which the rest of the property owners received.

PASSED and APPROVED by the City Council of the City of Homer, Alaska this 11th day of August, 2003.

CITY OF HOMER

ATTEST: _________________________

JACK CUSHING, MAYOR

_______________________________

MARY L. CALHOUN, CITY CLERK

Fiscal Note: 50% of Revised Project cost of $606,046.44 (303,023.22) is paid by HAWSP and 50% by property owners assessments. Each parcel is assessed $10,100.77. See Memorandum 03-136.Imhoff - $5,331.06 and Needham - $8,970.00 to be funded via HAWSP, Baines nothing received.