CITY OF HOMER

HOMER, ALASKA

City Clerk

RESOLUTION 06-105

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 HILLSIDE ACRES WATER ASSESSMENT DISTRICT AND SEWER ASSESSMENT DISTRICT.

WHEREAS, Council adopted Resolution 01-21 on April 9, 2001 increasing the property owner share to 50% of the Hillside Acres Water Improvement/Assessment District; and

WHEREAS, A public hearing was conducted on May 29, 2001, 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 Hillside Acres Water Assessment District on August 13, 2001, via Resolution 01-50, at the 50% property owner share of assessments and authorized the City Manager to proceed with preparation for and construction of said project; and

WHEREAS, Council adopted Resolution 02-27 on May 13, 2002 creating the Hillside Acres Sewer Improvement/Assessment District at 50% property owner share of the project costs; and

WHEREAS, A public hearing was conducted on June 24, 2002, 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 Hillside Acres Sewer Assessment District on August 26, 2002, via Resolution 02-55(S), at the 50% property owner share of assessments and authorized the City Manager to proceed with preparation for and construction of said project; and

WHEREAS, The Hillside Acres 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

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Resolution 06-105

City of Homer

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 were four written comments submitted and one public testimony during the public hearing and all corrections found necessary have been made; and

WHEREAS, There are three property owners who qualify for deferred assessments; 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 Hillside Acres Water Assessment District and the Hillside Acres 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 Hillside Acres Water Assessment District and the Hillside Acres 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

BE IT FURTHER RESOLVED, that Beryl Myhill, Clayton and Virginia Birky, and Beverly Savory are hereby granted deferred assessment status each pursuant to HCC 17.04.165.

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Resolution 06-105

City of Homer

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: The final project cost for Hillside Acres Water and Sewer Improvement is $1,289,664.00 for water and $930,522.00 for sewer, 50% water is $644,832.00 plus 5% administrative cost or $32,221.60 or $677,053.60, there are forty three parcels for equal share of property owner assessments of $15,745.43, which is $1,049.75 lower than the estimated assessment for water and 50% sewer is $465,261.00 plus 5% administrative cost or $23,263.05 or $488,524.05, there are forty four parcels for equal share of property owner assessments of $11,102.82, which is $361.47 lower than the estimated assessment for sewer. Deferred assessments shall be paid from HAWSP.

Exhibit A FINAL ASSESSMENT ROLL

TOTAL PROJECT: WATER $1,289,664.00 and SEWER $ 930,522.00. 50% PROPERTY OWNER SHARE: WATER $677,053.60 and SEWER$488,524.05. Assessment Methodology equal shares: Each parcel assessed $15,745.43 for water and $11,102.82 for sewer.

DATE: AUGUST 14, 2006

Exhibit A FINAL ASSESSMENT ROLL

TOTAL PROJECT: WATER $1,289,664.00 and SEWER $ 930,522.00. 50% PROPERTY OWNER SHARE: WATER $677,053.60 and SEWER$488,524.05. Assessment Methodology equal shares: Each parcel assessed $15,745.43 for water and $11,102.82 for sewer.

DATE: AUGUST 14, 2006

Exhibit A FINAL ASSESSMENT ROLL

TOTAL PROJECT: WATER $1,289,664.00 and SEWER $ 930,522.00. 50% PROPERTY OWNER SHARE: WATER $677,053.60 and SEWER$488,524.05. Assessment Methodology equal shares: Each parcel assessed $15,745.43 for water and $11,102.82 for sewer.

DATE: AUGUST 14, 2006

Exhibit A FINAL ASSESSMENT ROLL

TOTAL PROJECT: WATER $1,289,664.00 and SEWER $ 930,522.00. 50% PROPERTY OWNER SHARE: WATER $677,053.60 and SEWER$488,524.05. Assessment Methodology equal shares: Each parcel assessed $15,745.43 for water and $11,102.82 for sewer.

DATE: AUGUST 14, 2006

Exhibit A FINAL ASSESSMENT ROLL

TOTAL PROJECT: WATER $1,289,664.00 and SEWER $ 930,522.00. 50% PROPERTY OWNER SHARE: WATER $677,053.60 and SEWER$488,524.05. Assessment Methodology equal shares: Each parcel assessed $15,745.43 for water and $11,102.82 for sewer.

DATE: AUGUST 14, 2006

Exhibit A FINAL ASSESSMENT ROLL

TOTAL PROJECT: WATER $1,289,664.00 and SEWER $ 930,522.00. 50% PROPERTY OWNER SHARE: WATER $677,053.60 and SEWER$488,524.05. Assessment Methodology equal shares: Each parcel assessed $15,745.43 for water and $11,102.82 for sewer.

DATE: AUGUST 14, 2006

Exhibit A FINAL ASSESSMENT ROLL

TOTAL PROJECT: WATER $1,289,664.00 and SEWER $ 930,522.00. 50% PROPERTY OWNER SHARE: WATER $677,053.60 and SEWER$488,524.05. Assessment Methodology equal shares: Each parcel assessed $15,745.43 for water and $11,102.82 for sewer.

DATE: AUGUST 14, 2006

Date certified by the City Council ___________________ Resolution no. ________________

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