CITY OF HOMER

HOMER, ALASKA

City Clerk

RESOLUTION 03-138(S)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA, NOTING THE FAILURE OF THE ROSEBUD COURT SEWER ASSESSMENT DISTRICT.

WHEREAS, The Rosebud Court Sewer District boundary contains lots in the Bayview Gardens Subdivision Block 1 and7, that front Fireweed Avenue and/or Rosebud Court and/or Diamond Willow Circle and/or and/or East Hill Road; and

WHEREAS, Resolution 03-92 was adopted on July 14, 2003, a public hearing held on August 25, 2003 and the property owners 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, All notices to the property owners and the advertised public hearing notice included the property owner estimated assessments; and

WHEREAS, The objection deadline for written protests was October 24, 2003, with the receipt of nine (9) written objections, representing fourteen (14) parcels and equaling 63.64%; and

WHEREAS, It has been determined that the Rosebud Court Sewer Improvements are not desired by the property owners who bear more than fifty one percent of the total project assessments to the property to be benefitted pursuant to HCC 17.04.050.

NOW, THEREFORE, BE IT RESOLVED by the City Council of Homer, Alaska noting the failure of the Rosebud Court Sewer Assessment District.

PASSED AND ADOPTED by the City Council of Homer, Alaska this 27th day of October, 2003.

CITY OF HOMER

_______________________

JACK CUSHING, MAYOR

ATTEST:

____________________________________

MARY L. CALHOUN, CMC, CITY CLERK

Page Two

Resolution 03-138(S)

City of Homer

Fiscal Note: Total estimated project cost: $437,250.00. Total Property owner assessments at 75%: $327,937.50. The City's share will be funded from the Homer Accelerated Water and Sewer Program. Total assessment per parcel is $14,906.25.

Public Works advised the Clerk's Office on October 21, 2003 that they do not support the addition of parcel174-010-0200, Lot 2 Block 1 Bayview Gardens Subdivision, at this time.