CITY OF HOMER

HOMER, ALASKA

Shadle

RESOLUTION 06-46

A RESOLUTION OF THE CITY COUNCIL FINDING THE NEED TO CREATE THE BAYVIEW GARDENS SEWER IMPROVEMENT DISTRICT/ASSESSMENT DISTRICT AND SETTING A PUBLIC HEARING FOR MONDAY, JUNE 12, 2006.

WHEREAS, The Rosebud Court Sewer Improvement/Assessment District was initiated in 2002 by Public Works at the request of some property owners in that area; and

WHEREAS, The Rosebud Court Sewer Improvement/Assessment District had insufficient signatures on the petition, 40.10% and failure thereof was noted via Resolution 03-53; and

WHEREAS, One of the property owners reinitiated the Rosebud Court Sewer Improvement/Assessment District with some boundary changes and that district failed during the objection period there being 63.64% objections; and

WHEREAS, One of the property owners in 2005 initiated another district including many of the same parcels with a larger boundary and included road improvements, the district name being Bayview Gardens Sewer and Road Reconstruction and Paving Improvement/Assessment District; and

WHEREAS, The Property owner paid the $100.00 LID Application fee as was instituted by Council December 2003; and

WHEREAS, Pursuant to Council's amendments to the LID process the first phase is based on the number of property owners and required that at least 50% of the property owners had to sign the form before progressing to the next phase; and

WHEREAS, In the Bayview Gardens Sewer and Road Reconstruction and Paving Improvement/Assessment District phase I there were 35 property owners requiring 18 signatures and 11 property owners signed; and

WHEREAS, One of the property owners requested that there be a recalculation which was done with a possible 12 signatures in that one of the property owners is listed a couple of different ways and there appeared to be a couple of property purchases changing the total property owners to 33 requiring 17 signatures; and

WHEREAS, The same property owner requested, just for argument sake, that the calculations be based on total parcels; and

WHEREAS, Total parcels 65 if the 50% rule were used that would require the signature of property owners representing 38 parcels; and

WHEREAS, The signatures represented 27 parcels; and

WHEREAS, The same property owner requested November 2005, just for argument sake, that the tally be done as if this were a petition, in other words, by property value; and

WHEREAS, The total property value equaled $7,819,000.00, 50% equals $3,909,000.00 and the signatures received equaled $3,296,700.00; and

Page Two

Resolution 06-46

City of Homer

WHEREAS, Public Works has expressed concerns with the area regarding the health, safety and welfare of the residents due to poor soils, migration of the sewage, steep slope stability and etcetera; and

WHEREAS, Pursuant to Homer City Code 17.04.030(d), The City Council may determine that an improvement is needed, and initiate by passing a resolution by approval of not fewer than three-fourths vote of the Council so declaring and shall proceed as provided in Sections 17.04.040 through 17.04.060 of this chapter.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby determines that an improvement is needed, and hereby initiates the Bayview Gardens Sewer Improvement/Assessment District and sets the date for public hearing as Monday, June 12, 2006 during the Regular City Council meeting that begins at 7:00 p.m. for the purpose of hearing protests against the formation of said improvement district; and

BE IT FURTHER RESOLVED, that the City Council hereby states that the program share, 25% of the total project cost, shall be deemed as in non objection to this project.

PASSED AND ADOPTED by the HOMER CITY COUNCIL this 24th day of April, 2006.

CITY OF HOMER

_____________________________

JAMES C. HORNADAY, MAYOR

ATTEST:

_____________________________

MARY L. CALHOUN, CMC, CITY CLERK

Fiscal Note: To be funded 25% from the Homer Accelerated Water and Sewer Program and 75% from Property Owner Assessments: Total estimated project cost as of April 2005 is $1,246,551.00. 65 parcels at the equal share per parcel methodology and 75% of the project is estimated at 934,913.25 or $14,383.28 per parcel. Program share is $311,637.75. Objections must be less than 50% for the district to proceed. 50% equals $623,275.50.