CITY OF HOMER

HOMER, ALASKA

Yourkowski

RESOLUTION 05-50(A)

A RESOLUTION OF THE CITY COUNCIL EXEMPTING CERTAIN LANDS THAT WILL NOT BE DEVELOPED DUE TO CONSERVATION EASEMENTS OR OWNED BY ORGANIZATIONS THAT CONSERVE LAND FOR PUBLIC PURPOSE AND OR HABITAT PROTECTION FROM THE HOMER ACCELERATED ROADS PROGRAM AND THE HOMER ACCELERATED WATER AND SEWER PROGRAM ASSESSMENT DISTRICT ASSESSMENTS ON A CASE BY CASE BASIS AND THAT EACH PROGRAM SHALL BE AMENDED TO INCLUDE THIS EXEMPTION UNDER SPECIAL PROVISIONS.

WHEREAS, The City of Homer is blessed with high value wetlands and essential moose and wildlife habitat that should be preserved; and

WHEREAS, organizations that purchase land for habitat protection and public purpose should not have additional assessment burdens; and

WHEREAS, property conserved forever by conservation easements or conservation organizations that will not benefit from water, sewer and road improvements; and

WHEREAS, certain organizations such as Kachemak Moose Habitat Incorporated and Kachemak Heritage Land Trust were established to preserve, for public benefit, land with significant natural, recreational, or cultural values by working with willing landowners on the Kenai Peninsula; and

WHEREAS, The Homer City Council has, in the past, exempted certain non profit entities from Homer Accelerated Roads Program (HARP) and Homer Accelerated Water and Sewer Program (HAWSP) Assessments; and

WHEREAS, The Kachemak Heritage Land Trust and Kachemak Moose Habitat, Inc. are non-profit organizations under the 501(c)(3) provisions; and provide essential services to the Homer Community.

NOW, THEREFORE, BE IT RESOLVED that the City Council may decide that certain lands preserved in their entirety for public purpose shall be exempt from HARP and HAWSP Assessment District Assessments on a case by case basis and that the HARP and HAWSP shall each be amended to include this exemption under Special Provisions; and

BE IT FURTHER RESOLVED that land exempted under this provision shall be included in the formation of any HARP or HAWSP Improvement/Assessment District; and

BE IT FURTHER RESOLVED that the land exemption status shall be noted on any HARP or HAWSP LID Application, Petition, Preliminary and Final Assessment Rolls for Council's case by case consideration.

PASSED AND ADOPTED by the HOMER CITY COUNCIL this 25th day of April, 2005.

CITY OF HOMER

_____________________________

JAMES C. HORNADAY, MAYOR

ATTEST:

_____________________________

MARY L. CALHOUN, CMC, CITY CLERK

Fiscal Note: Assessments will be Funded by the HARP and/or HAWSP as approved by the City Council in the Final Assessment Roll.

MY/mlc