CITY OF HOMER
HOMER, ALASKA
City Clerk
RESOLUTION 08-40(SA)
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 KACHEMAK DRIVE PHASE I WATER AND
SEWER ASSESSMENT DISTRICT.
WHEREAS,
In compliance with Chapter 17, Improvement District, of the Homer City Code,
the Homer City Council created a Kachemak Drive Phase I Sewer Improvement
District on May 12, 2003
via Resolution 03-55(S)(A)(S) at the 25% property owner share of assessments;
and
WHEREAS,
A public hearing was held on June
23, 2003 to hear objections to the formation of such district; and
WHEREAS,
Resolution 03-114 was adopted by Council on August 25, 2003 amending the boundaries of the
Sewer Improvement District to include DOT parcels 179-401-2900 and 179-401-3100 and increasing the estimated
project cost 13.89%; and
WHEREAS,
Due to the amendment to the boundaries, assessments increased from $11,254.66
to $12,400.00, or 9.2% and a second public hearing was held on October 13, 2003 to hear objections
to the formation of such district; and
WHEREAS,
Resolution 04-11 was adopted by Council on January 12, 2004 authorizing the formation of
the Kachemak Drive Phase I Sewer Improvement District; and
WHEREAS,
In compliance with Chapter 17, Improvement District, of the Homer City Code,
the Homer City Council created a Kachemak Drive Phase I Water Improvement
District on April 11, 2005
via Resolution 05-42 at the 25% property owner share of assessments; and
WHEREAS,
A public hearing was held on May
24, 2005 to hear objections to the formation of such district; and
WHEREAS,
Resolution 05-80 was adopted by Council on July 25, 2005 authorizing the formation of the
Kachemak Drive Phase I Water Improvement District; and
WHEREAS,
The Kachemak Drive Phase I Water and Sewer Improvement District, after
completion, was accepted for City Maintenance and forwarded for final process
and a public hearing date set for March 10, 2008 via Resolution 07-111; and
WHEREAS,
An assessment roll was prepared and a public hearing was held on March 10, 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 Kachemak Drive Phase I Water and 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 November
1, 2008, all assessments in the Kachemak Drive Phase I Water and
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 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 twenty (20) year payment plan is offered
whereby the assessment may be paid in twenty (20) 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. November 1, 2008 and each
installment thereafter shall be due on or before November, 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 11th day of August,
2008.
CITY
OF HOMER
_____________________________
JAMES
C. HORNADAY, MAYOR
ATTEST:
______________________________
JO JOHNSON, CMC,
CITY CLERK
Fiscal Note: 25%
of $1,154,740 is paid by HAWSP and 75% by property
owners’ assessments. 35 parcels are assessed for sewer at $17,317.71 and 14
parcels are assessed for water at $18,566.79. KPB parcel number 179-360-24 has
deferred assessment.