HomeMy WebLinkAboutORDINANCE 0234-1973--7• ,-----------------...~--- - -------
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f'TTY OF K.}"1AI -- Ordinance 23A-'3
IyTAIiI.ISItING SEF4ER IMPROVFtirtiT DISTRICT 73-52, KEl1AI CODE DECLARED
yUPEAS>rI)F.D TO CQNF'OFtM1f TI1F: R:iQIlIREb~fiN7'4 nF T1(IS DISTRICT TO EXISTI1dC
CdNbITION IN SO FAR AS ~IAY BE RF.Ol1IP1:D, DECLARING CONFIRtdI:D TfIE A5SESS-
PdENT BALI. AS CORRF.CT1sD COii 'rtti: SAID IIiPROVF.'dF:NT DISTRICT, J.IiVYING ASSESS-
MENTS AGAINST BENEFITFiD PF2OFI:RTY, FIXI'VG TI!~lE OF T'rYrlF.VT, SCFfEDI1LF. OF
PAYMENTS, RATE ~F INTEREST ON UKPAIU I`ISTALLbiFiNTS, DF.LINQIIENCY DATES
FnR ASSF.SS1i1F:N'rS AND TitE PENALTY AND INTEREST TO BFi PAID ON DELINQIIF::-
ASSIiSSMENTS .
IVFFI:REAS, the formality of an ordinance appears hest for con-
firming the assessment roll which has been prepared in Sewer Improve-
ment District 73-52 of the City of Kenai to conform to a unique situation
for this district;
I3F IT ARDA1'JF.D RY THr; COITNCIL OF THF. CITY OF KENAI, ALASKA:
Section 1 - iVith respect to the necessity for construction of
public improvement's, notifications of establishment of Sewer Improvement
District No. 73-S2 and the confirmation of the assessment roll for
sai8 district, the Council of the City of Kenai finds as follows:
A. The necessity for the assessment district, designated as
Sewer Improvement District 73-S2, has been established as stated in
Resolutions No. 73-29, which said resolutioT? having been passed after
due notice to all interested and benefited property owners of record.
li. That the boundaries of the benefited areas for which
assessments are to be made for Sewer Improsement Distirct 73-S2 we•re
defined in Section No. 2 of Resolution 73-29, and the definition of the
benefited zones stated therein is hereby adopted herein by reference and
are modified to conform to the attached description and are confirmed
as the benefited zones.
C. Ilpon finding the need for t}ie establishment of Sewer
Improvement District 73-S2, ~ contacts for construction was airardezT in
the total sum of $~ 9 G U all cf which has been required for con-
sttuation of the public improvements required.
D. That a preliminary assessment roll has been compile.I and
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such roll has been continuously on file in the offices of the City of
Kenai, Alaska, since ~~ day of 1973. Said assessment roll
has bean subjected to hearings, as to final confirmation and establish-
meet as to applica}>le costs, with such adjustments as required having been
made.
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E. The rec{uirements for notice of the hearings required in
accordance Frith the Code of the City of Kenai, Section 1G-1 through
:iection 16-15 have been met.
F. ':'hat the assessment roil established for said Sewer
Improvement District 73-52 is hereby confirmed as the final assess-
ment roll.
Section 2 - That the establishment of Sewer Improvement
District 7~3 S2 a`s specified in City of Kenai Resolution 73-~ is
hereby confirmed and ratified.
Section 3 - There is hereby confirmed the assessment roll
whlch has eefi n`corrected in this matter, pursuant to the hearings held
on the 17th day of October, 1973, pursuant to regular notice, and as
such meeting may have been adjourned for additional action or work upon
assessment ro21 corrections.
Section 4 - That there is hereby levied against the property
benefited ere y t e following costs per each square foot of benefited
property as follows:
A. For Zone 1 an assessment of S,~i(~y'~er square foot which said
zone is defined as all of a subdivided tot or a strip of frontage
land extending, to a depth of /S`(J feet from the front property line.
B. For Zone 2 an assessment of 5~2 per square foot,
which said zone is defined as all of any parcel of land, not a lot in a
subdivision, consisting of a strip of frontage land extending to a
depth of ~s0 feet from the front property Iine, for system improve-
ments require and allocated to furnish service to said benefited lands.
Section 5 - That payments of the assessments levied by this
f ordinance, shall be made as follows:
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~' A. If made in cash, a lump sum shall he due on or before the
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. ri ~ day of U, 1974 .
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B. 1f paid in installments, payments may be paid over a period
of _~ years in ~ equal annual installments plus interest at the
-~~ rate of eight (8) percent per annur,. Said installment payments shall be
~' due comnien~ing on the ~_ day of 1974 and on the same day
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of the same month in each successive year thereafter until discharged
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__~ << in full.
C.
~ Payment, if msde in one lump sum shall be delinquent on
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day of
, 1974.
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~~ D. If payments are made by installments, they will be
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~~ delinquent thirty days after the du
e date of payment
of each individual
installment.
F. Parcels in excess of 3'iq feet fronths;e, in title by patent
to a non-government owner, may have
i payments on asses sments deferred
upon request until such parcels are subdivide<l.
F. 1'he penalty shall he at the rate of Ten percent (IOo) on
delinquent payments.
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G. Interest shall be dire and payahle on unpaid installments
and delinquent payments computed at the rate of eight (R) percent
simple interest Per annum.
Section 6 - That the notices of the hearings on the necessity
of Sewer Improvement District 73-52 and all ar_tions subsequent thereto
are hereby ratified and confirmed and ure deemed to have been accom-
plished in accordance with the requirements of the Code of the City
of Kenai.
Section 7 - To the extent required for establishment of
only Sewer Improvement District 73-52, the provisions of Kenai Code
16.1 thru 16-IS and Resolution 73-29 are hereby amended to effect
the intended establishment of Sewer Improvement District No. 73-52.
Section 8 This is a Lion-Code ordinance.
First reading _~ day of November, 1973.
Second reading ~ day of o 1973. i
ayor
ATTEST: ~
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I ~;'~..i 'T. .r ~n. l to r1C11(1iii;, 'lr'~1P.anCP ~~1-73
~ t was moved by ~~ ` ~ and seconded
b y ~ E`_~~~ -.'_`._._7l_3 n c n a s s e~ . ~• fz-_" -r-~--._ _
that tie penTinp rTinance ~.'fi-7~ha11 he ainen~led t--o~`- `~,~~`
I} add the follocriny, Section 9:
~A~~~ Section ~. If any term, provision, concliti~rc or Dart of this
~ ~ is declared by a court of the State of Alaska to he
invalid or unconstitutional, the remaininY terns, provisions,
conditions or parts shall continue in full force and effect
as though the declaration was not made.
2) add the following Section 10:
Section 10. For this improvement district only, there,~i~s,~~
ere y established a connection or "hook up" fee of 5,~ ,.S ap
Since this is a special situation the connection fee e~s~t`a~'fi'shed
for this district will he coordinated by the City to have ~ ,
several connections accomplished on or before the 1st day of
October, 1974. Therefore henef_iciaries will have to apply ~ -
for connection and agree to installation to receive the fee
established herein, This special fee shall not be available ,
to those applying after the 1st day of .1uly, 19'4.
3) in lieu of the Ianguaae in Section 4, Paragraph A scihstittite the
following: -•
A. For Zone 1, an assessment of 5.0675 per square foot for
benefited property which said Zone is elefinecl as all of a
subdivided lot or a strip of frontage of any parcel extending
to a depth of 150 feet from the front property line, which- .
ever is the lesser area, provided that no benefited property
lying outside the boundaries as confirmed in this sewer
improvement district in this ordinance shall he so assessed.
I~ 4~~ in lieu of the language in Section 4, Paragraph P substitute the
~ following:
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~; B. For Zone 2 an assessment of 5,02 per square foot of
~' benefited property, which said zone is defined as those areas
"fj benefited by sewer system improvements which have lateral
~ seti:~er service lines in existarce at the '_imc of installation
j, of the system improvements in this district, provided that no
j~ ienefited property Lying outside the boundaries of this
sewer improvement district as confirmed in this ordinance
shall he so assessed.
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S) in lieu of the language in Section 4, Paragraph F:. substitute the
' following:
r. So much of parcels of benefited land with frontage in
'. excess of 330 feet on this district, held as an unsuhdivided
-~! parcel may have payments deferred on assessments until such
' parcel'~or parcels are subdivided.
~ Amendment adopted at the reQUlar Council meeting of City of
~~ Kenai held on ~ day of ;~~. 1cJ7~. .._~
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George Navarre
City Manager
Box 580
Kenai, Alaska
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C~TY~'OF KEIdAI
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tJ~GG P• b, wX S/:LO`KLELNAI,'A'~l/ASKAf Y99611
TELEPHONE 2/3 • 7335
20 vovember 1973
Re: Establishment of Seorer Improvement District 73-S2
Establishment of SIll 73-52 is recomMended as follows:
1. By ordinance because of the special conditions involved in
a district of this size and the special conditions of this
unique situation.
2. In Section 1 B of proposed Ordinance 234-73, it will be
necessary to prepare rcvisec~ description and attach it for
final passage.
3. The sum expended will have to be inserted in Soction 1 C.
4. The date that the pre4iminary assessment roll has been
continuously available from the City of Kenai must be entered
in Section 1 U.
S. In Section S the following must be done:
a. establish the doadline date for lump sum paymdnt of
assessment.
b. in Section S B establish the cumber of years payment may
be made and the day of the month in each year on which such
payments are dua.
b. Be sure to give instructions to the engineer to prepare the
modified description as soon as possit~le -- unless an entirely
new notice ar.l advertising procedure fs to be undertaken it
must only decrease the area proposed in resolution 73-29.
7. I recommend the final hearing on the passage of the ordinance
be 19 December 1973 meeting with written noLiee :sent to each of
the effected property owners.
Y rs truly, ~°f'
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JAM E. NISfiER ~~ ~ ~~~~~''~ y ---
Cit Attorney /~1~""''
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=' CITY 0~ KENAI
P. C>- ~X SEO KENAI, ALASKA 99611
- f rEtEPNONE 4b3 • 7695
14 hecemher 1 ~7.',
City Pdanager Geor};c ,~avarre
City of Kenai
Pox 580
Kenai, Alaska
Re: Ordinance 234-73 -- SIiI 73-52
' This is a follovr-up
~; you as follows:
1. Ae certain that
boundaries of Sewer
~~ original c~nv of the
~ 2. I have made the
(which is to bo add,
3. I have utili2ed
to our conference of 12/13/73 an~i I would remind
the amended real property description of t}ie
Improvement District 73-~32 is attached to the
~~ c+rc}fnan_ e~
changes in Section 10 of the proposed ordinance
~d by amendment).
the Suction cJ.
4. The only other change is the change in Section ~} paragraph r.
I hope this will be in t}ie mail to you the evenin}; of 12/14/73..-~
Your ruly, ~~~
JAI~1 R. FISlIFR
~- Cit Attorney
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`' ~ A ditional material:
A. Remember that the activities at this time have all heen accomplished
to do xhR following:
1. Cive an additional notification to property owner~whiclr is
not reciuired by our Kenai Cocio.
Z. To keop everythin}! within the boundaries as advertised~so the
entire pr cvdure I1 not have to be redone.
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