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HomeMy WebLinkAboutRESOLUTION 1983-041,M4, A90h, Suggested by: Administration CITY OF KENAI RESOLUTION NO. 83-41 A RESOLUTION OF THE COUNCIL. OF THE CITY OF KENAI, ALASKA PRO- VIDING FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY OF KENAI AT A SPECIAL ELECTION TO BE HELD ON JUNE 7, 1983, FOR THE PURPOSE OF THE QUESTION OF AMENDING SECTION 7-3 OF THE CHARTER OF THE CITY OF KENAI, ALASKA BY AMENDING A LIMITATION OF SP`'CIAL ASSESSMENT LEVIES TO TWENTY-FIVE PERCENT OF THE FAIR CASH MARKET VALUE OF THE PROPERTY SO AS TO ALLOW ASSESSING UP TO ONE HUNDRED PERCENT OF THE COST OF IMPROVEMENTS IF ALL BENEFITED PROPERTY OWNERS CONCUR. WHEREAS, the City has experienced difficulty in equitably apportioning the costs of local improvements financed in part by the City because of the provision contained in Section 7-3 of the City Charter which limits the amount of the assessment on a parcel to twenty-five percent of the fair cash market value of the property after giving effect to the benefit accruing thereto from the work or action for which assessed, and . WHEREAS, the above limitation may place a burden upon the taxpayers of the City by forcing them to absorb the portion of any assessments that exceed the twenty-five percent s limitation, and WHEREAS, this provision has resulted in the City's reluctance to form new assessment districts, and WHEREAS, it would be most equitable to have owners of benefited properties pay the total cost of local improvements on a pro rate basis to the extent of benefits conferred, and WHEREAS, protection of property owners from excessive assessments can be accomplished by requiring all affected property owners' concurrence in levies in excess of twenty-five percent. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1: That the Council hereby calls a special election which shall be held June 7, 1983, for the sole purpose of the submission of the proposition set out in Section 2 hereunder. Section 2: That the following proposition shall be sub- mitted to the qualified voters of the City of Kenai at the special election called herein above in substantially the same form as is set out hereinafter: 1 PROPOSITION The last sentence of Section 7-3 of the Charter of the City of Kenai reads as follows: "No special assessment shall be levied by the city government against any property in excess of twenty-five percent of the fair cash market value of the property after giving effect to the benefit accruing thereto from the work or action for which assessed." Shall such sentence be amended to read as follows? "No special assessment shall be levied by the city government against any property in excess of twenty-five percent of the fair cash market value of the property after giving effect to the benefit accruing thereto from the work or action for which assessed, except where all benefited property owners waive the above twenty-five percent limitation and agree to accept on a proportional basis one -hundred percent of the costs of the improvements." YES NO PASSED BY THE COUNCIL OF THE CIT OF KENA., LASKA this 5th day of April, 1983. Ronald a s on, Mayor ATTEST: Met ean,City Clerk U 2