CITY OF HOMER

City Clerk

HOMER, ALASKA

RESOLUTION 04-11

A RESOLUTION OF THE HOMER CITY COUNCIL AUTHORIZING FORMATION OF THE KACHEMAK DRIVE PHASE ONE SEWER ASSESSMENT DISTRICT AT 75% PROPERTY OWNER SHARE OF ASSESSMENTS AND AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE PREPARATION AND CONSTRUCTION OF THE KACHEMAK DRIVE PHASE ONE SEWER PROJECT.

WHEREAS, The Kachemak Drive Phase I Sewer District boundary contains lots fronting a portion of Kachemak Drive on the southwest end in the Homer Airport, Government lots 2, and 21 - 23, Keta Cliffs, John B. Fenger, Irvin and Carroll Subdivisions; and

WHEREAS, In compliance with Chapter 17, Improvement District, of the Homer City Code, the City Council of the City of Homer created the Kachemak Drive Phase One Sewer Local Improvement District (LID) on May 12, 2003 via Resolution 03-55(S)(A)(S) and a public hearing was held on June 23, 2003; and

WHEREAS, 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, The objection deadline for written protests was August 22, 2003, with the receipt of one written objection equaling 3.38%; and

WHEREAS, After meeting with the Alaska Department of Transportation (DOT) Public Works recommended adding two parcels, 179-401-2900 and 179-401-3100, both are DOT properties; and

WHEREAS, The addition of these parcels increased the total estimated project cost from $555,230.00 to $644,800.00, total property owner assessments at 75%, from $416,422.50 minus exemptions equals $337,639.88 to $483,600.00 minus exemptions equals $384,400.00; and

WHEREAS, The estimated project cost increased 13.89% and the assessments increased from $11,254.66 to $12,400.00, or 9.2%; and

WHEREAS, In compliance with HCC 17 the Council adopted Resolution 03-114 on August 25, 2003 and pursuant to HCC 17.04.050(c), a second public hearing was scheduled for October 13, 2003 regarding the increased assessment amount; and

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City of Homer

Resolution 04-11

WHEREAS, 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, Property owners were notified, specifically, of the increased assessment amount, of the boundary change which resulted in the increased assessment amount and sent Resolution 03-114; and

WHEREAS, The second sixty day objection period closed on December 12, 2003; and

WHEREAS, Thirteen written objections were received equaling 41.94% objection;

WHEREAS, Ten of the written objects, equaling 32.36% objection or 76.92% of the objections, were specifically to Resolution 03-114, the increase in assessments due to the addition of the two State of Alaska parcels; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of Homer, Alaska that the formation of the Kachemak Drive Phase One Sewer Assessment District is hereby authorized at 75% property owner share of the project, in equal shares per parcel, and that the City Manager is hereby authorized to proceed with the preparation and construction of the Kachemak Drive Phase One Sewer Project.

PASSED and APPROVED by the City Council of the City of Homer, Alaska this 12th day of January, 2004.

CITY OF HOMER

_________________________

JACK CUSHING, MAYOR

ATTEST:

_______________________________

MARY L. CALHOUN, CITY CLERK

Fiscal Note: Estimated project cost is $644,800.00, total property owner assessments at 75%, $483,600.00 minus exemptions equals $384,400.00.