CITY OF HOMER
HOMER, ALASKA
City Clerk
RESOLUTION 07-60(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 OCEAN DRIVE LOOP PETERSEN ADDITION SEWER ASSESSMENT DISTRICT.
WHEREAS,
In compliance with Chapter 17, Improvement District, of the Homer City Code,
the Homer City Council created an Ocean Drive Loop Petersen Addition Sewer
Improvement District on September
25, 2006 via Resolution 06-133 at the 25% property owner share of
assessments; and
WHEREAS,
A public hearing was held on November 20, 2006 to hear objections to the formation of
such district; and
WHEREAS,
Resolution 07-19 was adopted by Council on January 22, 2007 authorizing the formation of
the Ocean Drive Loop Petersen Addition Sewer Improvement District; and
WHEREAS,
In the 2006 construction season improvements for Ocean Drive Loop Petersen
Addition Sewer Improvement District were completed along with the Ocean Drive
Loop Sewer Improvement District authorized via Resolution 03-137(S)(A); and
WHEREAS,
The Ocean Drive Loop Petersen Addition Sewer Improvement District, after
completion, was accepted for City Maintenance and forwarded for final process
and a public hearing date set February 12, 2007 via Resolution 07-23; and
WHEREAS,
An assessment roll was prepared and a public hearing was held on April 23, 2007 to hear
objections for the purpose of making corrections to the final assessment roll;
and
WHEREAS,
All assessment per parcel corrections deemed necessary have bee 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 Ocean Drive Loop Petersen Addition Sewer
Assessment District and the Mayor and Clerk shall be directed to sign same.
NOW,
THEREFORE, BE IT RESOLVED THAT ON OR BEFORE 5:00
p.m. on September
1, 2007, all assessments in the Ocean Drive Loop Petersen Addition
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. September 1, 2007 and each
installment thereafter shall be due on or before September, 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
ADOPTED by the Homer City Council on this 14th day of May, 2007.
CITY
OF HOMER
_____________________________
JAMES
C. HORNADAY, MAYOR
ATTEST:
______________________________
JO JOHNSON, CMC,
CITY CLERK
Fiscal Note: 25%
of $204,632.00 is paid by HAWSP and 75% by property owners’ assessments. Each
parcel is assessed $17,052.67, with the exception of two lots Tax ID #’s 177-174-0300 owned by Marshall
& Esther Ronne Living Trust and 177-174-3200 owned by
Frances VanSant which will be assessed a reduced
amount of $12,572.89 each.