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.