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Home My WebLink AboutORDINANCE 0062-1964C~T¥ OF KENAI - O~DIN~I~CE NO. 62 ESTABLISHING P~.OOEDU~LS FOR A~SF~5~ENT$ FOR tTRB~TB, bIDE~ALKS, PLAYGROUNDS, WATER AND SEWER SUPPLY tYtT]~S AND ALL OTHER PUBLIC II, PRO--TS; PROCEDURE FOR H~ARINGS, I~VY OF SPECIAL AbSF~S~Z~S: DISCOUNTS FOR REFUNDS: MAT~ODS FOR PA~ZNTS, LIENS, PRIORITIES FOR S~CIAL ASSeSSmeNtS AND ANY AND ALL OTHER PROCEDURES RF~U?~ED FOR ~STABLISI~'~T OF SPECIAL ASSES$I~ENT FOR PUBLIC IFIPRO~S: DF~I~RIN6 AN E~Z~GENCY. Section 16-1. ~ocal ~ rovements - osts assesse~, for y bene fited bysuch improvements the cost of design, ~r&d~u~ construct- $n~ or repaL~n~ an~ street, alley or sidewalk, sewer, drain, ac- quisition of parks, play~rounds, chan~es tn channels watercourses, bulkhead~, embankments, dikes, water supply systems, off street park~t~or other public improvements. Such costs shall be assess- ed a~aLust the real property specially benefited ~uproportion to the benefits so received by each tract of land. . Section 16-2. ~me -re crt. erin · ne essit d ter- m_inet, resolution. Petit be filed with Council an4 shall thereupon be investi~ated and re ported to Council co~¢ernin~ the need flor, desirable extent of and est~nated cost of the 2mprovemen~ A report on ~aid inprovement may be made either before or at the t~ne of a public hearin~ hel~ after public notice. At such public heartng, all interested parties favoring az~ ~posin~ the proposed improvement shall be 6iven. a reasonable oppoz~unity to be heard. When the public hearths ~s closed, Council shall a~opt a resolution ~eter~tn~n~ either to proceed or not to procee~ with the public inprovement and, if the dscision of Council is to proceed, such decision shall be based on a determ~nation b~ Council that the improvement is necessary. Said determination shall be state~ i~ the resolution and shall be conclusive. leavt~-b--e~e~ided to ~- ~e a pu ~ to le~ ~ assessment, correc~ accost s~ll be kept of all the e~enses of such ~prove~nt, and as soon as the latter shall be completed, the Cit2 Council shall apportion such percentage of t~e cost as was so prev$ously detex~ined upon and shall assess the same a~ainst the various tx'acts of real estate in proportion to the benefit received by each. Such assessment roll shall contain a brief description or designation of each tract of property, the name of the owner or reputed o~ner thereof, and the amount of the assessment. When the same is completed the Council shall fix a time at which to hear objections to such assessments. The municipal clerk shall then send a written notice by mail to each owner of a tract aEainst which an assessment is made, which notice shell state the amount of the assessment against such particular tract and the time fixed by the Council for hearing o~jections, Such notice shall be mailed at least ten (10) days before the time of such hearing. Section 16-~. ~me - Hearing; Objections; corrections; si~ning. At the time of ~e~r[mg 6bJec~ions on said assessments Ail persons concerned shall have a right to present their objections to the assessment or any part thereof and to point out errors and in- equalities and submit such reasons for amendments and corrections as they may have and such hearing may be continued from time to time as the Council shall decide. After the Council has heard all objec- tions and suggestions, it shall correct all errors, if any, which it finds to exist in the assessment roll as originally made, and when the same is finally settled the mayor shall sign the assessment roll certifying that it is the assessment roll as finally settled by the City Council. Section 16-5. ~ame r Discounts[ no refunds. Ail special assessments levied ,~uder the provisions ox'this'article shall be subject to discounts if all remaining unpaid annual installments as provided for in the resolution setting the assessment are paid in full, based upon the number of years outstanding over which the assessments may be paid in accordance with the resolution setting the assessment. Discounts shall be determined by the City Council which shall conslder the cost of interest to be paid by the City on the remaining unpaid annual installments; the terms of the bond agree- ment regarding early payment; the interest estimated to be received by the City on funds deposited for bond repayment; estimated costs of early payment and installment administration; and such other factors as determine cost of discounts to the City. Section 16-6. Pa,yment of assessments$ delinquency; interest and penalt~y. After the asSesSment roll ha~ been settled as provided in Section 16-~ and the assessment completed, the Oouncil shall by resolution fix a time within which the same shall be paid and at which the assessments shall become delinquent, which time shall not be less than 60 days subsequent to said res- olution. Any such assessment which shall not be paid before de!~nquency shall have imposed thereon a penalty of eight -2- per cent (B~> and both assessment and.penalty shall draw i~- teres~ at the rate cf eight per cent (8~). ~ect~on 16-?. Notice- of,. a~essment~ contents.~ ser- ~. With~ thirty ~ys after 'ghe resolution ftx~ the ~g~el~quency s~ll be passed, the cl~y clerk s~ll ~tl with poetess prepaid a no~tce ~o the owner of each prope~y assessed, which not/ce s~ll desi~ate ~he property, ~he ~o~t of the assessment, the tlme of delinquency and ~he ~o~t of the pe~lty. Not more ~n sixty nor less t~n thirty ~ys before ~he t~t said a~seeemen~ or ~he firs~ ~stal~ent ~hereof s~ll be- come del~quent, the city clerk s~ll ~il an appropriate men~ notice to emch property owner, but faille to ~tl such notice s~ll ~ no ~a~ affec~ any liability for ~ax ~der c~p~er. Section 16-8. Same - lien. The assessments herein prodded for s~ll be a flrst,' prior, an~ paramour lien upon the property assessed, a~, when del~quent, ~y be e~orced ~he same ~ provided for the collection and e~orcement of seneral taxes. Section 16-9. Side~alks utters etc. - Assessments, etc. ~nprovements ~nvolv g e es ~n, laying-outs, ~r~dtng, back-filling, installing, paving, repairin~ etc., of streets, alleys, sidewal~s, curbs, gutters, store drains and the like, nmy be initiated, petitioned for, authori~ed, levied and assessed in the ~anner provided in the preceding sections of this article. Section 15-10. _~a~e - spreadtn~ a~sessmentsi, cu~iveways. ~-tesS 'than two-thi~ds of the'cost of The Council ~ay assess not street improvements, earthwor~, paving, installing, back-filling, etc., streets, alleys, sidewalks, curbs, ~utters, a~d tbs like against the property o~ners in the area and in accordance '~ith that portion of section 15-1~ of this chapter pertaintn~ to the method of spreadin~ assessments. All costs of driveways shall Be borne by the o~ner of the property benefited and the City shall have no responsibility therefor except to prescribe the mini~n standards of construc- tion. Section l$-l!. ~ewers a~d ~ater ~ains; aeeessme~t~ benefited area~; ~~na~Sn. The Council may assess no~ ~ess ~han'two-thlrds of tbs ~ost of the installation of any new ~e~e~ and water ~ain o~ the repair of an existing sewer, water.sin or drain against the property owners specially venefited by such sewer, water ~ain or draLu In proportion to the benefits received against each tract of land so benefited, Such cost shall be assessed ~u proportion to the area of each lot that abuts upon, or is beneficially affected by such sewer, water main or drain, althou~hnot abuttin~ such sewer, water main or drain, such benefited areas to be determined by the Council by resolution, Section 16-12. Same ~ Costs and tappin~ char~es~ metho~ of ~ollection;_com~uCa~ion~"~er~Cs~ discounts, (a) hrnenever the 'Council dee~ it pro~e~ 'to brLng se~er or water service to any section of the city it shall cause the city engineer to make a amp of the proposed sewer or water improvement sho~in~ the entire area that ~ill be beneficially affected by the improve- ment ~hen installed. ~f the Council finds that the improvement is necessary it shall authorize the same and true account sha~l be kept of all the expenses thereof, No person within such area shall be permitted to discharge sewage into or to dra~ water from the city system until they have paid, or a~reed to pay a tapping charge, which charge shall be determined by the city engineer to be approved by the City Council, The tapping charge shall be computed by an analysis of the average cost of i~stalling sewer and ~a~sr service connections as sho~n on cost records and contract prices of ~he C~tyo Any person connectin~ to the C~ty sewage disposal or wate~ supply system in the future shall pay the tapp~u~ charge ~u effect at the time of such connection, ~ater and se~er connections shall be installed only by the City, The property o~ner for and obtain a permit therefor and provide for the excavation ancl back-fill, The City shall bill the property o~ner for labo~ and mater~.al at cost plus ten ~er cent or such flat rate amount~ as may be established by the city manager and approved by the C~ty Council. Sewer and water extensio~ nmy be installed by private owners but only after first applyin~ for and obtaining a written peanut therefor from the City plumbing inspector, (b) The tapping fee mentioned in the precedin~para- ~a~h may be paid for in three equal annual instal!me,ts p~o- vided the property owner has paid the City all current utility bills, license fees and taxes and places a lien on his property served to secmre the payment thereof. A three and one-half per cent discount will bs allowed for all pa~ents ~de in ad- vance of actual connection. Section 16-1~. ~uncil ma~.cr~ate~ purposes~ costs collected. (a) The Counc[~ may crea~e and maintain street. water, sewer and fallout, bomb or disaster shelter districts and establish, change and revise the boundaries thereof from time to time; erect, build, establish, lay out, alter, open, improve and repair streets, water mains and extensions, sewers, avenues, sidewalks, alleys, bridges, squares and other public highways and places within the city, and drain, sprinkle and light the same; remove all obstructions therefrom; establish the g~ades thereof; grade, plant, pave, macadamize, gravel and curb The same, in whole or in part, and construct gutters, cul- verts, sidewalks snd crosswalks thereon, or any part thereof, erect or maintain fallout, bomb or disaster shelters and levy, apportion, assess and collect the costs or any part thereof, a~ainst and from the property within such improvement district; determine what work should be done or improvements made at the expense, in whole or in part, of the owners of the adjoining or contiguous property, noncontiguous and other properties with- in such improvement district specially benefitted thereby, and provide for the manner of making, apportioning and collecting assessments therefor. (b) The City shall have the power to provide for doin~ any or all work thereupon or therein authorized by law, and for the payment of the costs and ,xpenses thereof by the levy and collection of special assessments therefor upon the property to be benefited thereby. That is to say, the expense or cost of any work or improvements upon the streets, sewers, water mains, bomb, fallout or disaster shelters, avenues, and public ways shall be assessed upon the lots and lands fronting thereon, and adjoining, contiguous, proximate and non-contiguous in the improvement district proximate or specially benefited thereby; each lot being separately assessed for the full depth thereof in p=oportion to the benefits upon the property to be benefited, sufficient to corem the total expense of the work exclusive of any applicable grants to said construction and conform to the enactment determining the need for said improve- merits. · Section 16-15. Lands spe~i~ll~ benefited within dis- ~r~.C$$,,.~iv~sionm~ computa~ions'o~ ~J~Arate assessments: total assessment~.. ,n~ering on roll. (a)"~x6eP~'in th~ case~ otherT wise specifically provided for, improvement districts shall in- clude all the property between the termini of such improvement abutting upon, adjacent, vicinal or proximate to the street, avenue, lane, alley, boulevard, park, drive, parkway, public place or square proposed to be improved to a distance back from ~he marginal lines thereof ~o the rear line of the lots facin~ or abutting thereon; and provided, further, in case of unplatted property, the distance back shall be 1~0 feet from the marginal lines thereof. Ail property included within such limits of such local improvement district shall be considered and held to be the property and to be all the property to be assessed to pay the cost and expense thereof or such part thereof as may be charge- able against the property specially benefited by such improve- ment, which cost and expense shall be assessed upon all of such property so benefited in accordance to the special benefits con- ferred on such property in proportion to area, and distance back from the marginal line of the street or other public way or area improved. (b) For a paving improvement district it may be deter- mined, for the purpose of ascertaining the amount to be assessed against such separate lot, tract, parcel of land or other prop- erty within such district be divided into subdivisions or zones paralleling the margin of the street, avenue, lane, alley, bou- levari, park, d~ive, parkway, public place or square to be im- proved, such subdivisions to be n~mbered respecti,;ely first, second, third, fourth and fifth. The first subdivision shall include all the lands within the district lying between the street margins and lines drawn parallel therewith and thirty feet there- from. The second subdivision shall include all lands within the district lying between lines drawn parallel with a~d thirty feet and sixty feet respectively from such margins. The third sub- division shall incl,~, all lands within the district lying be- tween lines d~awn pax'.l£el with and sixty feet and ninety feet respectively from such atzset margins. The fourth subdivision shall include all lands, if any, within the district lyin~ be- tween lines drawn parallel with and ninety feet and one hundred- twenty feet respectively from such street margins. ~he fifth subdivision shall include all lands, if any, within the district lying between a line drawn parallel with and one hundred twenty feet from such street margin and the outer limit of such local improvement district as hereinbefore described. The rate of assessment per square foot for imp~-oveme~ts between intersections in each subdivision shall be fixed on the basis th~.t the special benefits conferred on a square foot of land in subdivisions first, second, third, fourth and fifth, re- spectively are related to each other as are the numbers ~, 25, 20, 10, and 5, respectively, and shall be ascertained in the following manner: The products of the number of square feet in subdivisions first, second, third, fourth, an~ fifth, respectively, and the numbers #~, 2~, 20, 10, and ~, respectively, shall D~ ascertained and their sum taken, ~hich sum shall be divided into -6- the total cost and expense of such improvement. The products of the resultant quotient and the numbers ~, 25, 20, 10 and ~, respectively, shall be the separate rate of assessment per square foot for subdivisions first, second, third, fourth and fifth, respectively. The total assessment is thus ascertained against each separate lot, tract, parcel of land or other property with- in such district for the improvement other th~n that included within the intersections. For improvements ~ithin the intersections, the area to be specially benefited shall i~clude all the property, except streets and alleys from the intersection to be improved to a dis- tance back from the marginal lines thereof to the center line of the blocks abutting thereon; provided, that in any case such dis- tance back shall be at least ninety feet; and provided, further, that in case of unplatted property the distance back shall be the same distance as that included in the assessment of the platt- ed lands immediately adjacent thereto. Intersections shall be construed to mean that portion of property enclosed by the inter- section of the street margin lines of intersecting streets. The rate of assessment per square foot for intersection improvements shall be computed by dividing the costs of the im- provement within the intersection by the area to be benefited. T~e assessment shall be computed on the basis that the benefits are equal throughout the area. The total assessment for each lot, tract or parcel of land shall be determined by adding the assessment for improve- ment between the intersections and the assessment for improve- ment within the intersection. The total assessment thus deter- mined shall be entered upon the assessment roll as the amount to be levied and assessed against each separate lot, tract, or par- cel of land or other property. Section 16-1~. Liens;. priority~ ~nte~st ~nd penalty. A~ assessment ~hall be a ~ien upon the property assessed from the time ~hen the assessment is levied, which lien shall be para- mount and superior to any other lien heretofore or thereafter created whether by mortgage or otherwise, except a lien for prior assessment and for general taxes, and shall be payable at such time, and when delinquent, shall bear such interest and penalty as the City may prescribe. Section 16-16. Asmessments b~ndin~. The regularity or validity of such assessment may not in any manner be contested or questioned by any proceeding ~hatsoever by any person not filing objections to such assessment roll prior to the confirms- -7- tion thereof. Section 16-17. Collection of Assessments; re-assess- merits--Sale of ~roperty. AS provided by the cit~ Charter for c~llection and foreclosure of real property taxes. Section 16-18. Same--Sale after, in@tallment delinquency. Where property is assessed, in installments the sale of the prop- erty to pay any particular installment shall not prevent a sub- sequent sale to pay any unpaid installment when the same shall become due; but such subsequent installment shall be collected in the manner provided by this Code in this Chapter. Section 16-19. Same--Method not ex~lwsive. The pro- visions of this division s~all not prevent or be construed to prevent the collection of street and sewer assessments in any other manner provided by law. These sections shall be a con- current method of assessment in addition to the method hereto- fore provided for in this article. Section 16-20. Pa~yment of assessments a~ain@t DrOp- ertv prerequisite to issuance of ~ermit to conu~t to storm o~ san~ta~ se~er or Wa~er system. ~henever ~t0rm and Sanitary sewers, water m~n~"or'other improvements have been constructed by the City of Kenai in any of the public streets, alleys or other places of the City and wherever assessments or charges of any portion of costs of such improvements have been made upon the property specifically benefited by such improvements, and the bonds of the City have been issued and sold in anticipation in collection of the assessments, no permits shall be issued by any city official or employee, for any storm or sanitary s~wer connections or water service connections to said storm and sanitary sewers or water mains from any property so assessed · and benefited unless the amount of the assessment or the charges placed against said parcels of property have been paid, or if the assessment or charge is due in installments, all payments due st the time application is made for the permit must have been paid. Section 16-21. AoPlic~tion of provisions of S$ction 16-20. The provisions of this ordinance shall apply to all cases in which assessments have been levied, whether void or otherwise, and which are uncollected or installments are due and unpaid, and to all cases in which assessments or charges have been made and have not been paid. Nor shall any connection for storm or sanitary sewers or water mains be issued by any -8- city officer or employee for connection to parcels of property owmed by the United States or the State of Alaska without said governments having paid an amount equal in amount to the assess- merit otherwise le~,oied. Section 1~-22. An emergency is hereby declared to exist and the rules governing the introduction, reading, passage, and approval of this ordinance are hereby suspended and this ordinance shall be effective upon its passage and approval. First reading ! .day of ARri~ 196~. Passed 1 day of April 196~. Attest: Frances Torkilsen Frances Torkilsen, City Clerk James G. Dye I1aYOR JAMES G. DYE -9- 11 ~h ~tl ad oall ~he~o~ be fiwes~t~ed a~.~d ~:ai~C~d co ~ce. 'A~ e~h p~llc hee~i~ all !nt~'~.~te~ ~fCy Co ~ h~d. ~en the ~blfc hear!n~ ~gh g~e ~lt.c ~ov~n~ and~ if the ceed, s~h decision shall be ba~ed on ~ s~ll ae~cao ~he ~a~ against ~;he .... :- ... ~ ... · . .... . ...... ~:.:';;,. t'.'.o,.', Il all e~zorz, t~ ~ny, t~.ch LC ~nd~ Section 16-5. Sram - ~.i,~s,~_9!!~&~i~._=_n?,_~-~ftmde. All spect~l e~Zl c~E Oho co~C o~ ~CoreeC ~o be ~d by the C~y o~ the for ~11 be a ii,aC, prior, and ~a,~mnc lt. ea upon, ~h,.~ property praised tot the collect~,m . 4 il · . .. , · ,. · .. ..... ,; ,.:,,. .-, . .' and a!!eye ~ the lnceroec~l~ to b~ i~oved ~o a dla~ance b~ck ~bugtl~ th~ra~; p~ov~ed~ I:~ la ~ ca~e t~h gta~anc~ back ~z~n ot prope~y ~clo~ed by the tnCe~gacel~n of ~ o~ree~ t~rg:D~ · en~ ~h~t Ohm in~oraec~i~ by Cha a;:ec~ Co b~ b~oli.;:cd, The o~a~a~- ~h~ll bc do~or~;L;;~ by ~d,;i.~;~; t:h~ ,'t~;~.~r~.>~ for /.~;~ro,~e~m;; l~t:;.:cn orgy. - 7" ~~~~~. ~ene,mr ~Cotn and haw ba · ;7;;~ ~?<.:,~ i,];~