CITY OF HOMER
HOMER, ALASKA
City Clerk
RESOLUTION 06-106
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
THOMPSON DRIVE SEWER ASSESSMENT DISTRICT.
WHEREAS, Council adopted Resolution 01-79 on November 13, 2001 creating the Thompson
Drive Sewer Local Improvement/Assessment District; and
WHEREAS, A public hearing was conducted on January 14, 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
Thompson Drive Sewer Assessment District on March 26, 2002, via Resolution 02-22, 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 Thompson Drive 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 were no written comments submitted and no public testimony during the
public hearing and all corrections found necessary have been made; and
WHEREAS, Maynard Linder paid the assessment for KPB Parcel No. 179-020-5000,
Thompson Subdivision Resubdivision Lot 1 Tract E. Lot 1B, at the estimated amount, $9,285.71
and should be refunded $1,514.56; and
WHEREAS, There are two parcels with "In Lieu Of" Agreement credits; and
Page Two
Resolution 06-106
City of Homer
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 Thompson Drive 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 Thompson Drive 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.
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 Thompson Drive Sewer Improvement is $133,219.67, 50% is $66,609.84 plus 5% administrative cost or $3,330.49 or $69,940.33, there are nine parcels for equal share property owner assessments of $7,771.15.
Exhibit A FINAL ASSESSMENT ROLL
PROJECT NAME: THOMPSON DRIVE SEWER ASSESSMENT DISTRICT. TOTAL PROJECT: SEWER $133,254.57. 50% PROPERTY OWNER SHARE: SEWER $69,940.33. Assessment Methodology equal shares: Each parcel assessed at: $7,771.15
DATE: AUGUST 14, 2006
OWNER/ADDRESS | LEGAL DESCRIPTION
PARCEL NO. |
ASSESSED
PROPERTY VALUE |
ASSESSED ESTIMATED
PROPERTY
OWNER SHARE OF ASSESSMENT |
CHOATE, BILL
PO BOX 493 HOMER, AK 99603-0493 |
1790201900
TRACT D-A-1 GUY WADDELL BOUNDARY SURVEY REPLAT BRODERSON TRACT D-A EXCLUDING DOT ROW |
$228,800 | $7,771.15 |
YOUNG WILLIAM C
TRUSTEE
LORAINE M YOUNG CREDIT SHELTER TRST 5939 E 38TH CT ANCHORAGE, AK 99504-4403 |
1790202400
THOMPSON SUB LOT 02 EXCLUDING DOT ROW |
$17,700 | $7,771.15 |
UMINSKI PROPERTIES
LLC
203 W 15TH AVE STE 203 ANCHORAGE, AK 99501-5163 |
1790203200
GUY WADDELL BOUNDARY SURVEY E 165 FT OF S 532 FT EXCLUDING DOT ROW |
$177,700 | $7,771.15
In lieu of agreement, has sewer credit of $1,732.50 will be assessed $6,038.65 |
MALCOLM, DONALD A
JR & MAUREEN A 2038 E
END RD
HOMER, AK 99603-7309 |
1790203900
TRACT H GUY WADDELL BOUNDARY SURVEY SLY 266 FT THEREOF EXCLUDING DOT ROW |
$46,600 | $7,771.15 |
TUTTLE DOUGLAS &
KAUN BARBARA D
PO BOX 3542 HOMER, AK 99603-3542 |
1790205000
THOMPSON SUB RESUB LOT 1 TRACT E LOT 1B |
$77,700 | $7,771.15 |
NATHANSON ROBERT M
PO BOX 1020 HOMER, AK 99603-1020 |
17924014
TRACT A SCENIC VIEW SUB LOT 1 |
$227,100 | $7,771.15
$840.00 credit |
HALL TYSON J
98 RACKLEFF ST PORTLAND, ME 04103-3054 |
17924030
SCENIC VIEW SUB NO 7 LOT 2A-1 |
$69,900 | $7,771.15 |
JENSEN DOUGLAS R
PO BOX 92535 ANCHORAGE, AK 99509-2535 |
17924031
SCENIC VIEW SUB NO 7 LOT 2A-2 EXCLUDING DOT ROW |
$30,800 | $7,771.15 |
SMITH HEATH PATRICK
2120 E END RD HOMER, AK 99603-7309 |
1792403200
SCENIC VIEW SUB NO 7 LOT 2A-3 EXCLUDING DOT ROW |
$193,500 | $7,771.15 |
Date certified__________________ Resolution no. ___________adoption date: _____
MARY L. CALHOUN, CMC, CITY CLERK JAMES C. HORNADAY, MAYOR