A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOMER, ALASKA, AUTHORIZING THE FORMATION OF THE HILLSIDE ACRES SEWER AND WATER DISTRICTS, AMENDING THE BOUNDARIES AND AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE PREPARATION AND CONSTRUCTION OF HILLSIDE ACRES SEWER AND WATER DISTRICTS.

WHEREAS, the Hillside Acres Sewer and Water Districts includes KPB parcel numbers 175-081-09, 10, 15, 17, 19, 21, 22, 23, 26, 28, 29, 30, 31, 32, 33, 34, 35, 36, 42, 43, 44, 45, 46, 47, & 175-082-09, 08, 07, & 175-241-03, 24, 25, 33, 51, 52, 76, 77, 78, 79, 80 & 175-250-01, 02, 03, 04, 05, 06 and 07; and

WHEREAS, Lillian Walli Estates Subdivision KPB Parcel numbers 175-241-03, 24, 25, 33, 51, and 52 are to be deleted from the Hillside Acres Sewer and Water Districts, having been included through an Agreement for Assumption of Pro Rata Share of Assessments and Responsibilities under Development Agreement, recorded in the Homer Recording District Book 187, Page 241; and

WHEREAS, the owners of Tract A., J.C. Reynolds, Robert and Charlene Ditton, have requested inclusion of this parcel in the Hillside Acres Sewer and Water District and this parcel is the proposed location of the water Tank by the Public Works Department; and

WHEREAS, the owners of Lots 1, 2 & 3 of Skyline Drive No. 6, Charles and Debra Rehder, have requested inclusion of these lots in the Hillside Acres Sewer and Water District, which adjoin parcel no. 175-081-46, also owned by Charles and Debra Rehder, already included within the Hillside Acres Sewer and Water District; and

WHEREAS, Resolution 99-52 was adopted June 28, 1999 creating the LID and a public hearing was scheduled for August 9th, but canceled due to lack of Council quorum and rescheduled for August 23, 1999 to hear objections or protests to the formation of such assessment/improvement district after property owners of the district were duly notified by certified/return receipt mailing of such hearing and legal notice of hearing being advertised in a local weekly newspaper for four consecutive publications; and

WHEREAS, the objection deadline for written protests was October 9, 1999 with eight written objections for sewer and for water, equaling 18% for Sewer and 18.6% for Water; and

WHEREAS, it has been determined that the Hillside Acres Sewer and Water improvements are desired by the property owners who bear more than fifty one percent of the total project assessments to the property to be benefitted pursuant to HCC 17.04.050; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of Homer, Alaska that the formation of the Hillside Acres Sewer and Water Improvement/Assessment District is authorized and that the City Manager is authorized to proceed with the preparation and construction of said project; and

BE IT FURTHER RESOLVED that the amendments to the Hillside Acres Sewer and Water District shall be as follows:

Section 1. Deletion of Lillian Walli Estates Subdivision KPB Parcel numbers 175-241-03, 24, 25, 33, 51, and 52

Section 2. Inclusion of Tract A., J.C. Reynolds, and Lots 1, 2 & 3 of Skyline Drive No. 6 after review and confirmation of boundary extension by the Public Works Department, notification to the property owners and final approval of the boundaries by the City Council.

Section 3. Additional parcels shall be charged $5,000 each for Sewer and $7,325 for Water.

PASSED AND ADOPTED by the City Council of Homer, Alaska this 11th day of October, 1999.

CITY OF HOMER

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ATTEST: JACK CUSHING, MAYOR

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MARY L. CALHOUN, CMC/AAE, CITY CLERK

Fiscal Information included in backup.

Total Property owner assessments: Sewer: $225,000 and Water: $329,625

Project cost estimate: Sewer: $900,000 and Water: $1, 318,500.00