CITY OF HOMER

HOMER, ALASKA

City Clerk

RESOLUTION 07-70

 

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 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 Sewer Improvement District on July 28, 2003 via Resolution 03-94 at the 25% property owner share of assessments; and

 

            WHEREAS, A public hearing was held on August 25, 2003 to hear objections to the formation of such district; and

 

            WHEREAS, Resolution 03-137(S)(A) was adopted by Council on January 26, 2004 authorizing the formation of the Ocean Drive Loop Sewer Improvement District; and

 

            WHEREAS, In the 2006 construction season improvements for Ocean Drive Loop Sewer Improvement District were completed; and

 

            WHEREAS, The Ocean Drive Loop Sewer Improvement District, after completion, was accepted for City Maintenance and forwarded for final process and a public hearing date set April 23, 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 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 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 ________ day of ___________, 2007.

 

                                                                        CITY OF HOMER

 

 

                                                                                                                                                                                                                                    _____________________________

                                                                        JAMES C. HORNADAY, MAYOR

 

ATTEST:

 

 

______________________________

JO JOHNSON, CMC, CITY CLERK

 

 

Fiscal Note: 25% of $922,012 is paid by HAWSP and 75% by property owners’ assessments. Each parcel is assessed $12,572.89 with the exception of one lot, Tax ID# 177-173-2300 owned by Cranberry Point that will be assessed at $25,145.78.