HomeMy WebLinkAboutRESOLUTION 1976-64
CITY OF KENAI
RESOLUTION NO. 76-64
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI DIRECTING THAT CERTAIN
WATER AND SEWER IMPROVEMENT DISTRICTS OF THE CITY OF KENAI BE REASSESSED.
WHEREAS, suit by the Kenai Property Owner's Association was instituted by certain
owners of benefitted property in certain water and sewer improvement districts (Kenai
Property Owner's Association v. City of Kenai -Civil Action No. 74-1265 in the Superior
Court) , and
WHEREAS, by Order dated August 23, 1976, Judge Eben Lewis directed that properties
owned by certain named individuals be reassessed to bring them into compliance with
the 25$ limitation contained in the Kenai City Charter, and
WHEREAS, the limitation in the Charter Section 7-3, reads as follows: "No special
assessment shall be levied by the City government against any property fn excess
of 25$ 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" .
WHEREAS, by ordinance the City must reassess parcels within one year when so ordered
by a Court of competent jurisdiction, and
WHEREAS, such order and suit have brought to the attention of the Council the fact that
the assessments of other persons in improvement districts formed in 19?3-1974 who did
not object or who did not join in the suit may also be in excess of the 25$ limitation, and
WHEREAS, the Council finds that it is in the interest of equity and fairness that all such
improvement districts be reassessed for the purpose of complying with Section 7-3 of the
Charter, and
WHEREAS, such improvement districts which should be reassessed are as follows:
Water Improvement District No. 8
Water Improvement uistrict No. 73-W1
Water Improvement District No. 73-W2
Water Improvement District No. 73-W5
Sewer Improvement District No. 73-S1
Sewer Improvement District No. 73-53
Sewer Improvement District No. 73-52
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RESOLUTION NO. 76-64 -Page Two
WHEREAS, there are three other districts which were formed, but never confirmed by
the Council, such districts being as follows:
Water Improvement District No. 73-W4
Sewer Improvement District No. 73-S4
Water Improvement District No. 73-W3
WHEREAS. the Council may wish to confirm these districts if reassessed.
NOW, THEREFORE, BE IT RESOLVED BY THE COt1NCIL OF THE CITY OF KENAI
as follows:
Section 1: That all parcels of benefitted property in the following districts
be reassessed in accordance with this resolution for the express purpose of bringing them
into compliance with the limitation of 25$ of the fair cash market value of the Property after
giving effect to the benefit to the improvement which is contained in Section 7-3 of the
Charter of the City of Kenai:
Water Improvement District No. 73-W4
Sewer Improvement District No. 73-54
Water Improvement District No, 73-W3
Water Improvement District No. 8
Water Improvement District No. ?3-Wl
Water Improvement District No. 73-W2
Water Improvement District No. 73-W5
Sewer Improvement District No. 73-S1
Sewer Improvement District No. 73-53
Sewer Improvement District No. 73-52
Section 2: That the administration proceed with preparation of a final reassessment
roll tor- ea- ch of the abover_srned districts and that the present owners of all parcels of
benefitted property as reflected in the tax assessments rolls of the Kenai Peninsula Borough
be given notice of the City's intent to reassess and of the date, of the public hearing to
be held for confirmation of the final reassessment roll.
Section 3: That a public hearing for the confirmation of the reassessment roll
of each of the above-named districts shall be held December 1, 1976 , at 8: 00 P . M . in ti:e
Kenai Public Safety Building.
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RESOT~UTION NO. 76-64 -Page Three
Section 4: That assessments shall be computed in the same manner as provided
in the Resolution or Ordinance for each district as follows:
Water District No. 73-W4 Resolution No. 74-8
Sewer District No. 73-54 Resolution No. 74-12
Water District No. ?3-W3 Resolution No. 74-7
Water Dfstrict No. 8 Resolution No. 74-4
Water District No. 73-W1 Resolution No. 74-5
Water District No. 73-W2 Resolution No. 74-6
Water District No. 73-W5 Resolution No. 74-9
Sewer District No. 73-S1 Resolution No. 74-10
Sewer District No. 73-33 Resolution No. 74-11
Sewer District No. 73-52 Ordinance No. 234-73
After a preliminary assessment is computed for each parcel in accordance with the
appropriate resolution or ordinance, that value shall be added to the value of the parcel
as established in 1973 by the Kenai Pe~tinsule Borough Assessor. The resulting sum is
then multiplied by .25 and the product shall be compared with the preliminary assessment.
if the preliminary assessment is equal to or less than the product, the preliminary assess-
ment shall become the reassessment . If the preliminary assessment is greater than the
product, the reassessment shall be a figure equal to the product.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of October, 1976.
JAMES A. ELSON, MAYOR
ATTEST:
3u C . Peter , City Clerk
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