CITY OF HOMER

City Clerk

HOMER, ALASKA

RESOLUTION 04-16

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 MARINER VILLAGE/THORN SUBDIVISION WATER AND SEWER ASSESSMENT DISTRICT.

WHEREAS, Finding the petition sufficient for the creation of the Mariner Village/Thorn Subdivision Water Sewer District via Resolution 94-14 on February 14, 1994; and

WHEREAS, After conducting a public hearing on April 11, 1994, of which property owners were duly notified and notice published in a newspaper pursuant to Homer City Code (HCC) Chapter 17.04, Improvement District, and sixty day objection period; and

WHEREAS, In compliance with HCC 17.04, the City Council of the City of Homer formed the Mariner Village/Thorn Subdivision Water and Sewer improvement district on June 13, 1994, via Resolution 94-63, at the 25% property owner share of assessments and authorized the City Manager to proceed with preparation for and construction of said project; and

WHEREAS, The construction period for this project was extended via Resolution 96-37, since this project was unable to come to completion within the allotted time; and

WHEREAS, Council adopted Resolution 01-21 to reassess the Mariner Village/Thorn Subdivision Water and Sewer Improvement District at a 50% property owner share of assessments; and

WHEREAS, A public hearing was held on May 29, 2001, after property owners were duly notified and notice published according to HCC 17.04, to hear objections to the formation of such district at the 50% property owner share of assessments; and

WHEREAS, Resolution 01-52 was adopted by Council on August 13, 2001 to form the Mariner Village/Thorn Subdivision Water and Sewer Improvement/Assessment District, at the 50% property owner share, and authorizing the City Manager to proceed with the preparation and construction of said improvement district; and

WHEREAS, The Mariner Village/Thorn Subdivision Water and Sewer Improvement Project was completed and accepted for City Maintenance, forwarded for final process and public hearing via Resolution 03-82(S)(A) on December 1, 2003; and

WHEREAS, An assessment roll was prepared, property owners notified and notice published in a newspaper pursuant to HCC 17.04; and

WHEREAS, A public hearing was held on January 12, 2004 to hear objections and testimony on errors and inequalities for the purpose of making corrections to the final assessment roll; and

Page Two

Resolution 04-16

City of Homer

WHEREAS, There were no written comments submitted and no public testimony during the public hearing and 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 Mariner Village/Thorn Subdivision Water and Sewer Assessment District and the Clerk shall so certify.

NOW, THEREFORE, BE IT RESOLVED THAT ON OR BEFORE 5:00 p.m. June 1, 2004, all assessments in the Mariner Village/Thorn Subdivision 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 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. June 1, 2004 and each installment thereafter shall be due on or before June 1, 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

PASSED and APPROVED by the City Council of the City of Homer, Alaska this 26th day of January, 2004.

CITY OF HOMER

ATTEST: _________________________________

JOHN FENSKE, MAYOR PRO TEMPORE

_______________________________

MARY L. CALHOUN, CITY CLERK

Fiscal Note: Total project cost: $528,544.95, 50% assessed to the property owners, or $264,727.48, and 50% to the HAWSP. Assessment methodology is equal shares per parcel or $6,954.54 per parcel per utility.