CITY OF HOMER

HOMER, ALASKA

City Clerk

RESOLUTION 08-106(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 SPRUCEVIEW AND WEST NOVIEW ROAD RECONSTRUCTION AND PAVING ASSESSMENT DISTRICT.

 

            WHEREAS, In compliance with Chapter 17, Improvement District, of the Homer City Code, the Homer City Council created a Road Reconstruction and Paving Improvement District for Spruceview Avenue and West Noview/South Mullikin/South Wright Streets; and

 

            WHEREAS, Spruceview Avenue Road Reconstruction and Paving Improvement District was created via Resolution 04-50 on May 25, 2004, and West Noview was created via Resolution 05-78 on July 25, 2005, both at the property owner share of assessments $30 per front foot for reconstruction and $17 per front foot for paving; and

 

            WHEREAS, A public hearing was held on June 24, 2004 for Spruceview and a public hearing was held on August 22, 2005 for West Noview to hear objections to the formation of such districts; and

 

            WHEREAS, Resolution 04-76 was adopted by Council on September 13, 2004 for Spruceview and Resolution 05-107 was adopted by Council on October 24, 2005 for West Noview authorizing the formation of the Spruceview and West Noview Road Reconstruction and Paving Improvement Districts; and

 

            WHEREAS, In the 2008 construction season improvements for Spruceview and West Noview Road Reconstruction and Paving Improvement Districts were completed; and

 

            WHEREAS, The Spruceview and West Noview Road Reconstruction and Paving Improvement District, after completion, was accepted for City Maintenance and forwarded for final process and a public hearing date was set for April 28, 2008 via Resolution 08-32; and

 

            WHEREAS, An assessment roll was prepared and a public hearing was held on April 28, 2008 and again on August 25, 2008 to hear objections for the purpose of making corrections to the final assessment roll; and

 

            WHEREAS, All assessment per parcel corrections deemed necessary have been 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 Spruceview and West Noview Road Reconstruction and Paving Improvement 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 April 1, 2009, all assessments in the Spruceview and West Noview Road Reconstruction and Paving 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 one and one half percent (1.5%) 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 ten (10) year payment plan is offered whereby the assessment may be paid in ten (10) equal yearly installments plus interest of one and one half percent (1.5%) 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. April 1, 2009 and each installment thereafter shall be due on or before April, 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 13th day of October, 2008.

 

                                                                        CITY OF HOMER

 

 

                                                                                                                                                                                                                                    _____________________________

                                                                        JAMES C. HORNADAY, MAYOR

ATTEST:

 

 

______________________________

JO JOHNSON, CMC, CITY CLERK

 

Fiscal Note: Property owners’ share $30 per front foot for road reconstruction and $17 per front foot for paving for a total of $316,705.45; $1,148,442.55 paid by City.