CITY OF HOMER

HOMER, ALASKA

City Clerk

RESOLUTION 06-104(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 EAST END ROAD WATER AND SEWER ASSESSMENT DISTRICT.

WHEREAS, Council adopted Resolution 04-85 on September 27, 2004 declaring Council's intention to create the East End Road Water and Sewer Improvement/Assessment District at 75% property owner share; and

WHEREAS, A public hearing was conducted on Monday, November 15, 2004 during a regular Council meeting, 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 there was a sixty day objection period held for written protests pursuant to HCC 17.04 and AS 29.46.050; and

WHEREAS, In compliance with HCC 17.04, the City Council of the City of Homer formed the East End Road Water and Sewer Assessment District on January 24, 2005, via Resolution 05-07, at the 75% property owner share of assessments and authorized the City Manager to proceed with preparation for and construction of said project; and

WHEREAS, The East End Road Water and Sewer Improvement Project was completed and accepted for City Maintenance, and forwarded for final process and public hearing via Resolution 06-65 adopted by Council on June 12, 2006; 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 July 24, 2006 to hear objections and testimony on errors and inequalities for the purpose of making corrections to the final assessment roll; and

WHEREAS, There was one written comments submitted and one property owner who gave 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 East End Road Water and Sewer Assessment District and the Clerk shall so certify.

NOW, THEREFORE, BE IT RESOLVED THAT ON OR BEFORE 5:00 p.m. October 1, 2006, all assessments in the East End Road 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. October 1, 2006 and each installment thereafter shall be due on or before October 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 14th day of August, 2006

CITY OF HOMER

ATTEST: _________________________________

JAMES C. HORNADAY, MAYOR

_______________________________

MARY L. CALHOUN, CITY CLERK

Fiscal Note: Council amended the water assessment from $11,778.10 to $10,600.29 during their regular meeting of August 14, 2006 and postponed this amended Resolution and Assessment Roll till August 28, 2006. The final project cost for East End Road Water and Sewer Improvement is $269,213.74 for water and $255,061.69 for sewer, 75% water plus 5% administrative cost is $212,005.83, property owner assessment of $11,778.10, which is $3,911.87 lower than the estimated assessment of $15,689.97 for water that the property owners signed off on prior to project approval and 75% sewer plus 5% administrative cost is $200,861.08, property owner assessments of $16,738.42, which is $3,982.94 lower than the estimated assessment of $20,721.26 for sewer that the property owners signed off on prior to project approval.

Exhibit A FINAL ASSESSMENT ROLL

PROJECT NAME: EAST END ROAD WATER AND SEWER ASSESSMENT DISTRICT. Project Cost is $269,213.74 for Water and $255,005.83 for Sewer. Property owner assessments are $11,778.10 for Water and $16,738.42 for Sewer.

DATE: AUGUST 14, 2006

OWNER(s) OF RECORD AND ADDRESS	PARCEL NO. AND ASSESSED PROPERTY VALUE LEGAL DESCRIPTION	WATER/SEWER ASSESSMENT
Leo Rollins P.O. Box 842 Homer, AK 99603-0842	1741200900 $103,000 T06S R13W S10 SE1/4 SE Fritz Creek Drive	$10,600.29 water only
Ramon L. Clapp P.O. Box 4034 Homer, AK 99603-4034	1741910400 $128,700 Commerce Park Sub Lot 4	$10,600.29 $16,738.42
Wallace L. & Sharon Hargrove 3165 East End Road Homer, AK 99603-9476	1741910600 $227,900 Commerce Park Resub Lot 3 lot 3-A 1741910700 $155,100 Commerce Park Resub Lot 3 Lot 3-B	$10,600.29 water only $10,600.29 water only
Thomas M. Haeg P.O. Box 4022 Homer, AK 99603-4022	1741910800 $93,500 Commerce Park 1997 Addn Lot 1-A	$10,600.29 water only
Andrei P and Mary Y Martushev P.O. Box 805 Homer, AK 99603-0805	1741911000 $377,200 Commerce Park 2005 Addition 2-A-2	$10,600.29 water only
Barbara B. Calkins P.O. Box 1108 Homer, AK 99603-1108 Barbara B. and James L. Calkins same address	1741920100 $199,100 Puffin Acres Sub Lot 4 Block 1 1741920500 $558,100 Portion lying N of Lot 1 Block 2 and E of Lot 2 Block 1 Puffin Acres and S of East Road	$10,600.29 $16,738.42 $10,600.29 $16,738.42
Terrie M. Blaine P.O. Box 1767 Homer, AK 99603-1767	1741920200 $176,400 Puffin Acres Sub Lot 3 Block 1	$10,600.29 $16,738.42
Rebecca Weldy P.O. Box 6962 Nikiski, AK 99635-6962	1741922200 $257,200 Puffin Acres No 2 Lot 2A Block 1	$10,600.29 $16,738.42
Richard E. Gregoire 3725 East End Road Homer, AK 99603-9477 Special Note: 174-202-1600 and 174-202-1700 have been combined and Public Works confirms that this property received one stubout each, water and sewer.	1742021600 $43,600 HK Davis Sub Amended Lot 1C 1742021700 $296,000 HK Davis Sub Amended Lot 1B 1741922300 $246,600 Puffin Acres No 2 Lot 2B Block 1	$10,600.29 $16,738.42 $10,600.29 $16,738.42
Pioneer Barbecue and Rental LLC 270 W. Pioneer Avenue Homer, AK 99603-7559	1742021800 $306,400 HK Davis Sub Amended Lot 1A	$10,600.29 $16,738.42
Douglas Fraiman P.O. Box 2622 Homer, AK 99603-2622	1742031300 $1,466,800 Tract B Rumley Collie Sub No 6	$10,600.29 $16,738.42
East End Road Properties LLC 1411 Roeder Avenue Bellingham, WA 98225-2916	1742021900 $1,090,400 HK Davis Sub No 5 Lot 1L	$10,600.29 $16,738.42
Marilyn McCauley 5325 Collie Street Homer, AK 99603-9425	1742031400 $169,200 Rumley Collie Sub No 6	$10,600.29 $16,738.42
Glacier Buildings LLC 3125 E. End Road Homer, AK 99603-9476	1741911100 $578,900 Commerce Park 2005 Addition Lot 2-A-1	$10,600.29 water only
Bonnie S. Gregoire 3705 East End Rd Homer, AK 99603-9477	1742021200 $206,100 H K Davis Sub Amended Lot 1J	$10,600.29 $16,738.42

Date certified__ Resolution no.__________adoption date:

MARY L. CALHOUN, CMC, CITY CLERK JAMES C. HORNADAY, MAYOR