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HomeMy WebLinkAboutORDINANCE 0218-1973'~ ~ ~ ~ CITY OF K1;NAI - ORI)INANCIi N0. 218-73 „>- ,f !1 AtdENUING KENAI CODE 1963 , AS AMI:NI)EA, TO COORI~INATF. ASSESSM1sNT PROCEAURF,S SPF.C1F1F1? IN A.S. 29.b3,010 THRO1JGJt 29.63,085 t9ITtI TItE KENAI COI1fi. WitIREAS, procedures for assessment for public improvements :say be better understood fn more closely coordinated with State Statutes which have recently been revised in a "Municipal Code", BE IT ORUAINEI) AY THE COUNCIL OF THE CITY OF KENAI: SECTION 1. Kenai Code 1963 as amended is hereby amended by adding ~ ~/~ the following provisions which are a revision of existing autharfty in Kenai Code 1963 as follows: General Section I6-1: The Cfty Council may assess against the property • of a governmental unit and private real proriarty benefited all •• or a portion of the cost of constructing or improving capital ; improvements. All benefited real property, including that which is exempt from taxation in accordance with law, shall be liable for the oost of public improvements assessed unless specifically exempted from assessments for public improvements by law. Na assessments shall he levied in excess of. ZS~a of the fair cash market value of the property after giving effect to the benefit accruing from the work or action for which assessed. How Improvement Proposal Initiated Section 16-2: An improvement prap~sal may be initiated by: a. Petitioning the City Council by the owners of the property which will bear at least Fifty percent {SOo) of the estimated y cost of the improvement, or; { b. Initiative of the City Council. j Procedure by_Petition (~ Section 16-3: a. (General) Petitions requesting a public ir~,rovement arc: (1) filed with the City Clerk; (2) investiuatecl by the City P/trl: l - r)RTTI';Ati'r'1: '~~`-. zlfi-73 ,-- 1~fanager and (3) reported to the C:ouncil. The City Council shall then set a time for public hearins; on the necessity of proposed improvement. b. (Farm and requirements) The petition shall include a descrip- lion of the proposed improvement. The petition shall be signed by the owners of properties which will bear at least fifty per- cent (St?$) of the estimated cost of the proposed improvement. ;Vo property owner may withdraw his approval of the proposed improvement for a period of six months after the petition has been filed, unless authorized by Council. c. {City manager action) The City I~[anager shall within sixty (60) days of filing the petition make a survey of, and report on, the proposed improvement to the city Council concerning the need ``~ for, the desirable scope of, the estimated cost of the proposed improvement and the rauannend~ed percentage of the improvement plan cost to be assessed against the property benefited. The report shall contain a description defining the district and the properties to he assessed and showinf! the desirable score of the proposed improvement. The proposed improvement district may be defined by (a) metes and bounds boundary description or (h) by a designation ,;_ of the benefited properties to he assessed, by lot, block and subdivision. d. (Public hearing} SYithin thirty days after the presentation of the survey and report to the Council, a date within sixty days ~ -- shall bo set for a public hearing on the proposed improvement. The City Clerk shall publish a notice at least once a week, for four consecutive weeks prior to the hearing date in a newspaper of general circulation clistribute<1 within the municipality. The City Clerk shall also send notice by mail to every record owner of. property i ,. .~ I i 3 I .. ~~ . ~, PA(;1: 3 ~nRl)1!~Piti:'l~. .`:~. 21 R - 73 within the proposed local im~;rovement district, at least fifteen {15) days prior to the public hearing. After proper notice has been given, the Council shall hold a public hearing upon the riecessi~y for the proposed improvement. The Council shall hear all interested persons favoring or opposing the proposed improvement. Following the hearing Cuuitcil may decrease the scope or value of the improvement, or may delete from the proposed improvement district, properties not benefited by the improvement. No change may be made resulting in-Sn,~mprove- meat d-istrict cbntaini,ig petitioners of properties bearing ~ less than fifty percent (500) of the estimated cost. e. (Council action) After the public hearing is closed, the Council shall adopt a resolutian directing continuation or termination of the proposed improvement plans. The resolution directing continuation shall find that the improvement is necessary and of benefit to the properties to be assessed, and the petition for the improvement has been signed by sufficient and proper petitioners. The findings of the Council are conclusive. The Resolution shall further require that an account be kept of all costs of the improvement and that after all costs are knoson the City Manager shall prepare an assessment roll for the improvement. The resolution shall state the estimated percentage of the costs of the improvement to be assessed against the benefited properties. f. (Assessment roll.) After the improvements have been compl:~~~Ld and all reasonably related costs of the improve- ment computed, the City Manager shall prepare an assess- ment roll for the improvement district, The assessment ., - - roll shall ~_~ntain, as tr, ~:i<h Property to be assessed, a brief des.criPtinn ~.~r clesinnatinn ~f the Property, the ~~ name of the recorc! ot~rner anal thc• arr~oi~nt a5sesscd. The i, 4 Person listed ^r, the rnrniciPal Property t;,x roll as owner I, is ~•onclusiv~ly Presume.l to he the legal owner of record. 'I If the owner is unknotrn, the assessment may be made against "unknown owner". The (:oun~il spa]1 fix the time and place ~ for a public hearint* on objections to the assessment roll. The City Clerk shall send an assessment notice and hearing ' notice by mail to each record owner nn an assessed tract j not Jess th:cn l S clays before t'.e Puhl is hearing. A Puh- i I lisped notice for the Public hearing shall include a descriP- Lion of the improvement, the Purpose, the time and Place fixed and shall generally state a ~rrittc~rotest or objection to the assessment roll must he rade before or at the puhlir hearing. The mailed notice shall include a ~ ;_ summary of the improvement, the designation of the addressee's property to he assessed, the purpose of the public hearing, the amount of the actual asse.~sment al;ainst the property and the time and place fixed for tl~e prrl,lic }searing. )~ach notice by mail shall generally inform the property owner of t1~2 manner and method of protesting or• objection to the action to he taken at the pubic hearing. f1, fPtrh]ic }IeArin~; nn ohicctinns) At the' Puhiic Bearing an owner of Property to he assessed shall have the right to present objections t~ the assessment roll. tVhen the roll is finally <leterrtined t13e r,i ty Clcrl; shall so rcrtify. h. (Confirmation? After the r~utslic hearing; the .".cuncil by resolution shall c~nflrrn the asses~;ni~r~t: roll of the local improvement district. The resolution may provide a sinking fund for payment of Principal and interest on bonds s~?•1 to finance the improvement. The resolution shall fix times of payment, rate of interest on unpaid installments, the - date of deliqucncy of assessments, and the penalty and interest shall not exceed the rates Permitted for real ;~ Property tax delinduency. i. (Payment) (l) Payment may not he rc<luired sooner than -~ '~ .. r ,~ _. _. sixty clays after assessment. Payment rr,ay he in lump sure or by insiallrnents. (:;) l~,'ithin thirty <IayS after the title of payment has l.ecn fixc,l, the ('ity ('lcrl' sh::11 mail -~ statc- ment to each o,•:ner o f recr,rd cles i ~rn:zt i n~, the Property, thr• assessment amount, the time of ct~limlencv and penalties. (.i) 1•li thin f9 ve <lavs after the statc.mcnt , are ma i l erl the City Clerk shall. Pul,lisl, notice that the ;tate:^ent have been ma i l e~i . .assessments aro liens, forrclosrtrc Section IG-Q: Assess;^er.ts arc ii ens anon the Pre,,erty assessed are are prior and Paramount to all liens except P-lunicipal Tax Liens. They may he enforced as provided in Alaska Statertes, Section ,2~.53.2(?!1 throul;h Section 29. 53.3J0, Upon default in a payment due on an assessment district £i.nancecl by general r?hligati~n linnrls the City Council may enforce payment Uf principal and interest and cost of collection in a civil action in the same manner and frith the same effect as actions for the foreclosures of mortRal;es nn real Property. Foreclosure shall he al;ainst all property on which assessments are in default. The Period of redemption shall lie the same as in the case of mortF;are foreclosures on real Property. T`tonies received from actions taken ag;xinst property for non-Payment of assess- ment shall be credited to the stnkin~; fund. Ilpon default in a payment due on an asses.;ment district financed by Special Assessment Roncls , a bond hr,1 cicr or the City Counci 1 may also enforce payment of principal and interest and cast of collection in a civil action as herein above outlined. Reassessment Section I6-5: (a) The City Council shall, trithin I year, correct any deficiency in an assessment found ley court. (l-) Procedure f~:r notice and public hearing for reassess- ment must conf:•-r~: ~:o that ~:'i' iycc? f^r rh~• initial assess- ment procedures. (c) Payments -on the initial assessments are credited to the Property upon reassessment. (dj The reassessment becomes a charge upon the Property nottvithstandi??n failure to comply with ally l~rc;vision of the assessment Procedure. Objection and Appeal Section 1G-G: (a) The ret;trlarity or va] iciity of an assess- ment may not be contested by a Person who dici ;tot file with the (;ity Clerk a written objection to the aase5smrnt roll before its confirmation. (h) The decision of the City Council upon an o}:jecLion may he appealed to tlcc Superior ,~ ,~ , ~..-~~ -. r `_ ,_ , . - -~ ^ r:r,nrt within art ~!ays r,f rr,nfirra;,tinn r,f the a„essrrr•nt r~;l]. !:) !f nn nhjectir,n i; file,! r,r r,n a;,},r•r~I taken ~rithin tht• tfrr,r. provided in this ,r•rtion, thn a;5~,srient procedures shall ):r ~:onsiderert rern;lar r,ncl va]ic! in all respect;;. I'ermissihle "~icthocls~for Financinfl_f.r,c,,l__IrrJ,rnvcment,Districts Src•tion 1G-7: (r;j I;y ~ener~+] r)hlipatir,n honrls: (l) hocal irr!prnverrent clistrict~; fr,r rr+pital improve- ments may he financcrl by rrse of funds obtained from the sale of gener:+l oh]iF;ation hands approved by tho voters of the f;ity of Y,enai for such capital improve- ments. (2) 'fhe principal an<1 interest of f;eneral ohliS;ation honrls so issued shrill he },ayahl~ from the levy of :ssCSSments :+gainst tike property benefi±ed, but any deficiency in raeetinl; paym~*?*_s of principal and interest ' shall he marlc up by an appropriation from the genera] fund. 'rho r+ssessments shall consti±trte a sinking (turd for the payment of prinripr+] anti interest nn the honrls. (3) Intrrest on funds borrowed to finance the capita] improvement prior to the sale of gcncrr+l oh]i);ation bonds shall be a cost of the imprwcmcnt district. (}~) 13y Special Assessment Nonds: (1) The city council, may by ordinance, authorize the issuance anel sale of special assessment 1,oncls to pay al] or part of tlrr' cost of an improvement in a local ~ • fmprnvement district. 1'hc principal and inter~~t of bonds so issued shall he payhle coley from the levy of special as;;rs3ments a,nainst property to l,e henef.i.ted. The assessments shrill constitute a sinkinn ftmd for the payment o!' principal and interest on the bonds. The property benefited may he pledge;; ~;~ the Council to secure a payment. (2) Interest on funds horrowccl tea finance the capital improvement prior to tiro sale of special assessment ljonds shrill be a cost of t},e improvement district. + ~~ 1 ix :T__=z_ - - ~. w PACT 7 - t'inUl~AN~:I: ~Itl. 21fs-73 ,- Authorized Capital Improvements Section 16-A: A secial assessment district for a public improvement may be initiated for any one or more of the following improvements: 1.) Streets, roach, parkways, street liphtinp,, curbs an3 ' gutters, driveways, curb cuts and sidewalks; 2.) Storm sewers, drains or settling; basins; i 3.) Sanitary sewers, including interceptors, collectors, laterals, and sewer service connections; 4,) Parks or playgrounds; S.) Off-street parking facilities; 6.) Changes in channels of streams or watercourses; 7.) Bridges, culverts, bulkheads, embankments or dikes for streams or watercourses; A.) Water supply sy~tera, including water mains, water distribution lines, water service connections and fire hydrants; 9.) Public shelters; _ i~.)Street, road, parkway and sidewalk drainage, dusr ' control or snow removal. T Property Assessed Section I6-9: the Council may assess for an improvement any real property benefited, or any interest in real pro- f -- party benefited, and the property benefited may include abutting, adjoining, adjacent, contiguous, non-contiguous, or other property or interest in property benefited directly or indirectly by the improvement. The property to he asseasod may include any property which is other- . wise for any reason exempt from taxation by iaw. A I,~ benefited property may be included in whole or in part ~ in more than one local improvement district. .. z- -~ _ _ .. -- - - _ pACr: ~ ^RUI+,1~1ur.: ~;~. 21 t?-73 -- iy ~ ~ ~. ~ ~ Amount assessed Section 1F-10: The Council may assess one hundred percent (1000 of any or all costs of a public improvement against each parcel of property benefited by the improvement. Unless a specific method of computation of the benefit to the property is expressly provided in this chapter for ~ ascertaining the amount to be assessed against the property benefited by a designated improvement, the council shall assess each parcel of property in a local assessment district in ro ortion to the value of the benefits rec ived `~ P P e from the improvements. ~ costs .. ~ Section 16-11: The costs of an improvement shall he the actual costs of the improvement, inc]uding acquisition of interest in land for the improvement, design, engineering, administration, overhead, professional services, bond coats and interest incurred as a result of the improvement, and all other costs resulting from f:he construction of the improvement. Bond interest shall be calculated from the first date when actual costs are incurred by the City. Method of Assessment :~ , Section 16-12: The provisions of this ordinance shall not prevent or be construed to prevent the collection of assess- ments, or payment in lieu of assessments, for improve- ments in any other manner as provided by law. The methods of assessment are described in general herein and will reruire decisions of policy by the Council to meet current needs. In general, the assessment rate for any special assessment district is computed by diviciinn the total assessable cost of such improvement by the total number ~~f assessment units. The entire project i4 considered as a ~` - --_--~, f ~ whole when computing the assessment rats end arplyin~; it to I all properties. The cost of installing the improvement in front of, or past, any rarticular parcel of property is only one method permitted assessment. lsxcept as other- i wise prop %'',c° ~ ~•~. : ;•~ or in council approved policy for a particular local improvement district, costs ~ will be allocated an a square footage basis extending one !i (r lot deep adjacent to improvements in subdivided areas, mid-way between streets up to 1S0 feet of depth in resi- dential areas, and up to 300 feet of depth in commercial and industrial areas. Greater area may be included when assess- ing costs for interceptor sewers or water mains providfny, fire protection. Use of Improvements Section ib-13: Whenever public improvements have been constructed by the City of Kenai fn any of the public streets, alleys, or other places of the Cfty and whenever ~ assessments or charges of any portion of the cost of such improvements have been made upon the properties specifi- cally benefited by such improvements, no permit shall be issued by any City official or employee for any private connection co the public improvement from oily prvperiy sv assessed and benefited unless the amount of the assessment or the charges placed al;ainst said parcel of property have been paid or if the assessment or charges are due in ins±allments, all payments due at the time the application. is made for the permit, must have been paid. This provision shall apply to all cases in which assess- ments have been levied, whether void or otherwise, and I which are uncollected or installments are due and unpaid, I and a12 cases where charges have been made anc'. have not ~~ ~ il ~ ~l ~ ~~ ; ~ i ~~~ I,,• r In ~~r~ci1:.,~tir:1 .•r ~1 --i3 ~1 r---- been raid. ':or shall any c-annr:ctirln t~ the ru}il ic• irrrrwc- mcnt hC iSS'I^rl l:y anv City Ciffir'Cr r)r E'T%rriC~vC•F fir ~. ,;incct~r,n to parcels of rroprrt}• ric•nrrl l~v the -'r.ite~l ~;tatr•s r,r the ~tatc ref ,1lasya vritholrt having sail <=,overnrrents pay an eclua] amount to the assesSl^Cnt other rise lc•vir•d, ruminative }.nforccrtent Section lf~-]4: "Phe collection, forcclosltre ~r enforcement of any installment or any part ~f s srecial asscssrtcnt shall not har,rrevent, or otherwise extinc}wish the ri;*,ht of the City to collect, foreclose or enforce the payments of any other installment or Part of the same or any other special assessment. Procedure for Council initiated Local 1m~rovement !}istricts• Section 1F-15: a. (general) The Council by resolution may :.'irect the city manager to makr~ a survey and report on a proposed Council initiated local improvement district, and shall set. a elate for public hearing thereon. h. (City Manager Action) Upon direction of the Council, the city manager shall make a survey and report to the Council concerning the need for and estimated costs of the improvement. The report shall contain a plan defining the district, outlinging the properties to be assessed and showing the desirable scope of the proposed improvement. The district may he defined (a) by a metes and hounds descrip- tion, or (h) by a ::osi;;naticr•. cf prcpcrtic:~ to he assc:~scc} crithin the cli°trict, by lot, block, and subdivision. T'he survey and report of the City Manager may he made either before or at the time of the public hearing on the necessity for the improvement. c. (Preliminary Assessment Roll) In conjunction with the survey and report the city manai±er will prepare a preliminary assessment roll for the proposed improvement. This pre- liminary assessment roll will include the name of the record owner, a brief description or designation of the property, and the estimated amount to he assessed ai;ainst the property. The preliminary assessment Toll will he prepared and filed with the City Clerk at least thirty (3(~ days prior to the public hearing on the necessity for the improvement. cl. (Public hearing) The Council shall hold a public hearing, on tl~e necessity for the i;^nrovement after notice of hearing!. Nutice is to he given as set out in Section Ifs-3d :rhove. The city council shall fix the time and place of the public: hearing,, The. notice to he published shall include a strmm~ry of the improvement, the clesig;nation of t}~c properties to he assessed in the local improvement district, the purpose of the public hearing, and the time and place fixed for the inrhlic hearing. Notice by mail shall include a summary of the improvement, the designation of the addressee's property to he assessed, the p11rpOSC of the public hearing, and the time and place fixed for the ptrhlic }searing. }arch notice 1'y 1iti~il shall state that a rrcliminary assessment roll is on file with thr City C1crl; nnrl should };cncra]]y inform the prorrrty otti~ncr cf the manner rtn<1 rtethcxl of protesting=, or ohjectins~ in ivritit>>; to the action to he tn'.1ca at the puhir heari.nt~. e. (~}+jcctions and Revision) ~hjrction to the improvement plan gray he filed in writings with the (:sty l:Icrl; until the date of pnhl ir, hearing,, 'fhc (:itv t:lcrl< sha] 1 present to Cotrnc•i at thc+ time of the hcarini~ rtl] nhjcc•t}rip, I•ilccl in tvritinl;. The Cca:ncil rr:ty by rc+srllttti~>n aphrovc the Plan aml proc•ced with the iriprovemcnt if the protests in writint! .rs to thr ncc'cs~city ref thr• irthrove~r:rcnts arrnrrnts: to ?^<:~; tgt:tTt fifty Pcrcc~nt (StIQ,) cil• the prr~pcrty nt;ncr'c within thr distri~~t whcl shall hc'a1 thr~ rest of the ilirprr)v~mc~trt, II• thc~ ~lrlcrtiritts :I rr' I'larle by 1)L•:11erti r)1 j)I'r111cr} y Ire•;i i•l ri'•, r i ft ;. r.nrr'r`llt (r(1°, i ~-a•~ ~ - ---~~ _ _ ~~ ~~ I 1 ~• ~ or ,'~nrr u} tt:~• r~;t i~ .:tr•! r~r,s~t r,f the i~~tnrr>v~•r^r•nt, *'~r• r r,',r~ci 1 may uvt prr,cri•d ~•; i ±}, t }::• i r,prrn~c~~c•nt un] ess i t revises the elan to meet the ohjections an<} the ohjections arc reduced to less than fifty rercent (Sr)° j. ,".rter henries' %,ll intcresteri persons favnring~ or oF,g,osint! thc• r~rc,nns.•r! ic~prc,~•cr:ent, t`,c (:ounci 1 r^ay ~lecreasc the er.ter?t r,r v:,lue• ~,j the i:•~provc~u:nt , and may del ete frog, the ~1 i str i ct prc,nert i c• nr,t 1~ene f i to<! },y the ir~provcrlent. f. ((.Queer 1 r\Ctl~iii~ After thf• pub17C hC•ArILg! 1S Close•(!, ('ounc;ii shall adopt a resolution deterr'ring; c•it`~er to r,rareed or not to proceed with the proposed irnprctvrmr•nt. The Council resolution to proceed shall find that the improvement is necessary and will benefit the properties trithin the district. The findin,^,s of the Council are concl~rsive. The resolution shall require an arc•ount to he kept of all costs or 2hr_ improverent and dircr,t the city r~anager to r,reg~:~rc the final assessment roll. The resolution sh:rl] also state Che author- ized percentage or rate of cost of the imprwenent which trill he assessed against the properties within the district. };. (Assessment Roll) After the improvc;^,•cnt has been com- pleted and tho costs of the improvement computed, the city manager shall prepare an assessrent roll for the assessment district. The assessment roll shall contain, :,s to each property to he assessed, a brief description or •lesipnation of the property, the r±~mc of the record owner of the pro- perty to he assessed and the amount assessed against the property. The person in whose name property is liste~l on the municipal property tax roll as owner is conclusively presumed to bo the legal otaner of record. If the otoner is unknotrn, the assessment may be made against "unknown owner". 1Vhen the assessment roll is c~,:::rleted, the council shall fix the time and place fora pu~lic ;tearing, on ohjections to the { assessment roll. ?v'otice shall he given for the public Baring on this assessment roll as prescribed in Secticr. 1G-~f above. The notice to he published shall include a summary of the improvement, the designation of the properties to he assessed in the assessment district, the purpose of the public hearing, and the time and place fixed for the public hearing. The notice by mail shall include a summary of the improvement, the designation of the addressee's property to he assessed, the purpose of the public hearing;, the amount of the actual assessment against the property and the time and place fixed for the public hearing. 1:ach notice by mail shall generally inform the property otrner of the manner anti method of protesting or objecting to the action to he taken at the public hearing. h. (Ptthlic llearing) At the public hearing an owner of property to he assessed Shall have the right to present his ohjections to the assessment roll by showing errors and ir•;t~^'itics in the assessment roll and by submitting any reason for amendment and correction of the assessment roll. After the public hearing;, i:l,c counril may correct any error or inequality in the assessment roll. 19hen the roll is f.i.nally determined the City Clerk shall so certify and the roll shh11 he officially recorded. i. (Confirmation) After the puhIic hearing and drthrmination of nc~ assessment roll, council hY rC~!Tltltinn ch:rll r~n£irm the rtssossment roll of the loca? improvement district. The resolution shall provide for the levying; of the assessment against the property included within the district :red miry establish a sinking; fund for payment of principal and interest on bonds sold to finanre the improvement. 'Chc resolution shall also fix times of payment, snc~~dulc of• nnymcnts, rate of interest on unpaid installments, the date of deliqu~nc•y of :rs;~r•{rments and the penalty and interest to he paid on del legates ns~essrncnts. ~n del inriucnt :,sscssmcntti g,cnalty :tad interest shall not rxcced the r:rtcs pc•r,',ittcd for real property thx dclinclucnc•y. I . (I'ayr,ent) 1':rymcnt may nett he rccfui rr~d scroncr tlt:,n sixty d:,y, :,i'trr nsscs~t';cnt. f'nymcnt ru,y he }n lump sum or !.y in•,tnllmcnts. ]t'ithin thirty clays after the time of pnvment .. C 0 _ `~ i-+ s• PP.r:I~ 1 ?~nNl~t`tAi:C}: °;n. 2l si- 7.i -~, ~ r ~ ~ . ,~ - ~- has been fixrd the City ('IcrY shall mail a statement to the oa:ner of record of CaCh I~r~~nc'rty assessed. This statement . will desif~nate the rropcrt~, tlrc~ assessment at7~iint, tlic t:r~~~ of delinquency and r+cnaltics. I,ithin five days after the s±atements arc nailed the pity Clerk shall Publish notir.e that the statements have been maileJ. 5ECTIO"; Z. Sections lh-1 through lf,-21 of Kenai Code i963 as amended areTierefiy all repealed as to Section I6-1 throul;h 1G-2] :rs they exist as of the time of enactment of this ordinance. SECTION 3. i,ocal i.r~~Provement districts numbered ] throur;h 7 existing ate time of enactment of this ordin:~ncE shail not he altered by the provisions hereof and shall tontine in fall forts and effect as previously authorized. First Reading 7 !~9arch 1973. Second Reading; /~ day of ~~~ 1973. ~~; ATTEST: ,, Ity C Posted aster first reading, ~ day of 2973. Posted after second readirf; ~_ day of 1973, ~- I r: ~.