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Home My WebLink AboutRoads Taskforce - Minutes (3)AGENDA CAPITAL IMPROVEMENT TASK FORCE AUGUST 11, 1988 - 7:00 PM A. CALL TO ORDER 1. Election of Chairman 2. Roll Call 3. Agenda Approval B. DISCUSSION 1. Review of Material 2. Schedule for Election or Amend by Code Election - Charter Amendment or Stated Policy Election - Yes/No Ballot or Choices Code - ordinance COUNCIL MEETING OF ~- jp-- ~; ~ ~` ~~ } e ~"~ i ~ ~ / /~ ~._, J ~ z=~--.. -'~ ~" ~ __ _ ~ use-.~,.-,y_,Cr ~~i 2ei ~~ U COUNCIL DtEETING OF ._ /i r ~ ~ ,``~-y ~~~ 7 ~" , ~~~" '`~ ~ i. ~ ~ ~ ~ DIVISION OF ELECTIONS ~~J ;1 ia~~ ~~ '~l~ .i~ a f OFFICEOFTHEGO~ERNOR f L+~ Region I Elections Office „P ^ Region II Elections Office ~° ^ Region III Elections Office ~~~Qf 12T~~9 ^ Region IV Elections Office 's ti ,UG 1888 °; August 8, 1988 m ;~_ o ~.b:K ~' c, ''''oF KE ~; c, ~' Janet Ruotsala Kenai City Clerk 210 Fidalgo Kenai, Alaska 99611 Dear Ms. Ruotsala: This letter is in response to your inquiry regarding your holding a special election on November 8, the same day as the state election, and using the state election boards to distribute your ballots. With November 8 being a presidential election, the state ballot will consist of three cards; which takes extra time and special care from the boards. In a state election, the election boards handle two registers. With accountability being of uppermost concern, adding two more registers for your election plus another ballot could create many problems. In conferring with the Director put too much of a burden on the serving at the polling places. of Elections we feel this would election officials who will be I hope the above expresses our concern and ask that you schedule your election on a different day. Sin erely, Rose MarieG ood Region I Elections Supervisor Region I Elections O//ice Region ll Elections O//ice Region 111 Elections Oi/ice Region IV Elections Olfice P.O. Box AF, MS 0106 Y313 East Third Avenue 675 7th Ave., Station H P.O. Box 577 Juneau, Alaska 99811-0106 Anchorage, Alaska 99501-2879 Fairbanks, Alaska 99707-4594 Nome, Alaska 99762-0577 Phone: /907) 465.3021 Phone: (907) 276-8683 Phone: (907) 451-2835 Phone: (907) 443-5285 Ot-A3 LH ELECTION CALENDAR - 1988 (Special Election, Nov. 8, 1988) Sept. 8 - Pre-clearance must be in Wash. D.C. Sept. 21 - Council approve resolution for baiiot Oct. 5 - Council approve judges Nov. 8 - Special Election (coincides with general election) Nov. 15 - Canvassing Board meet Nov. 16 - Council certify election KENAI CITY COUNCIL AUGUST 3, 1988 PAGE 2 --~~ decide. Councilwoman Swarner said the task force should have an answer by the middle of Sept. Councilwoman Bailie suggested the task force elect their own chairman. VOTE: Vote passed unanimously by roll call vote. Councilwoman Bailie asked that this be set up as soon as possible. Clerk Ruotsala will handle it. Councilman McComsey asked if the motion included the names recommended. Councilwoman Bailie replied, yes. Councilman McComsey noted he would like to add others. Councilwoman Monfor said it should be open to the public. A representative from the committee or Councilman Measles could give the report. Finance Director Brown asked, is the purpose of the task force to come up with fair wording on the ballot or their preference? Councilwoman Monfor replied, fair wording. Finance Director Brown said, Council is not asking them to come up with recommendations, this is not compatible. Councilwoman Bailie replied, they are coming to a decision regarding the task. It will be voted on by the group. Councilwoman O'Reilly said the job of the task force is to come up with a fair way to pay for capital improvement projects. The wording for die"ballot would be by Administration. Finance Director Brown added, a recommendation as to how the financing will take place. Council agreed to the statements. Councilwoman Monfor said someone will have to explain how this will be done, probably Administration. 1/ ~-~- Janet Ruotsala City Clerk KENAI CITY COUNCIL - REGULAR MEETING PARTIAL TRANSLATION - MINUTES AUGUST 3, 1988 - 7:00 PM KENAI CITY HALL MAYOR JOHN J. WILLIAMS PRESIDING H-8 ADDED ITEM - Task Farce for Capital Improvement Projects, Procedures for Payment Councilwoman Bailie. It was suggested by Councilman Measles to have an initiative on the October ballot to vote on the process for regulating procedures for _,._ cagital improvement projects. Clerk Ruotsala said the ballot proposition must be in and approved by Council by August 17. The instructions must be specific regarding functions. We need as much support as possible from Administration, including a secretary, attendance at meetings by City Manager Brighton & Public Works Director Kornelis, and a record of prior action by the City. She suggested: Duane Quellette - Eagle Rock Dale Sandahl - Thompson Park S/D Don St. John - VIP S/D Frank Getty - Candlelight Area Leon Quesnel - Woodland S/D Colleen Ward, Flo Mccollum, Rick Baldwin - McCollum Area She asked that they all be contacted to see if they are willing. Ron Malston is willing to serve, but will not be back till Aug. 17. She suggested Councilman Measles as Ad Hoc member. Councilwoman O'Reilly asked, what will they come up with and will there be enough time? Council agreed to schedule the election to coincide with the Nov. 8 State and Federal election. MOTION: Councilwoman Swarner moved, seconded by Councilwoman Bailie, to go ahead with the task force. Councilwoman Monfor said it should be developed without loaded questions and be a cross section. Councilwoman Bailie said this will come up again, it needs to be settled once and for all so Council will not be faced with this again. The committee could come up with gus gestions to put on the ballot. Councilwoman _ O'Reilly said the task force will come up with recommendations regarding how this will be done. It will be a yes or no. Clerk Ruotsala asked if Council wanted this to be a Charter amendment or just a policy vote. Councilwoman Bailie replied, the committee will 'i- xE4AI Clly EOU4EIL OCfOBE(t 2, 1985 Page iS h rSk •~ 3 the fAA gate sore •ggreselve •e ae qe[ ears aggreenire, Phey rare offended when Scn. Nuckoanki got lnrolved. Ma cwt nsvo to Ilve rl[h [h U. [[ ie the Hare rich the fl orcugh. They sould nave •n lnclnerstar in the City. ]f they duaped oil In the dump, chat wise nave they done? ylce Mayor Neaelea noted 6 years ago re had no toopeeatlon feoo fAA. Ne could not Hell of lease land. Over the loot 5 yerre theca hu been • change 1n their at tl rude. Naybo re hove become too aggreneive tecentir end they ate cere[tlnq back t0 thherhandno hrblta. 11 the Clty 1• completely rlgnt. prabter. Couneidraun Nonfor sold regarding the Borough. It le euy fat us •s Connell, re ere nok corking rlth than on • day to day ba•lo. Adm lnlrttsi ion acre on direction of Council. Shr eugqu red Nr. Brighton sit darn rlth the Borough miih • 11 •t of comp Ltnt• and deal rlth them instead of . butting Heads. 91er Nayor Nuatu said regarding •lrpo[t lneuronce. Me need to look into !t further. (hate U • middle ground that mill not lncraus lirblllty or prertums and rill help •St llne• and othae :' inane. The blq cone rn 1• their being held lUbls for eouthinq that le not their concern. tf they • Let to cancel inrir lraae• they ore no longer 1Lbls .. fMy sou ld sell tfckota on CM it Dlanee, teal into thm tunrey end hrr• no lfablllty. (hr C2ty could have •11 .. iiabil icy. fhY City Atternay ' Atty. Rogrre spoke. e. b. e. AC thla limo three is a qusation a to the st d.u• r lthout signed loasa• In the airport, do r• Mr• indemn if ie tt loot Ye had miih the !rases that nn out, but do not Mra nor. Ne rill •ttaapt to qr t; tM lucre •ignad union M hu other direct lan. Info ilea tt, •bateaent of dangsrou• bufi6inga. Shore is fustner info Harlon rrgardlnq In rtallatlon •greeu nt oPP forest by Soere Eleoanteey 6y Grant NeLure. On lnrtall at ion agraou nt ra take deed oP 4ruat till ra tecrpt roads. Soso oP thus eta going on. tle rill bring to Council !f you datito. Enfo 1U• .27 1• •Sr1 Lr. Info ltu /20, nplattlnq request, Aleyaska 5/D. Yhl• rill b• •t CM le~rrprna•• H• did not knot the purpose. ~C It of Kana1. Th• *- d. into !t o• 129. Prosser Conat. ra y Lt k'2 nd City rltnM ld $12,000 for retain eg• on d p+~ •[ta rte cork. shay awd, ra von. T-', Hero offere 000. r• could pay. H• hea • coun.ot elai• of $6 ~• , $91,000. Na •ekrd 1P Counc ll rlnhed hie to proceed ~ : a ~ .; rlth denial oP elrlrs. . , '1 ~ touneil ogre rd rltn hie dreialon. ' ~ ~~ . -~ fi X-S Mayor None : ~ H-A City Clerk F f Mon• 't ` N-S finance Dlte ctot '. : ~/ -in •nu Director Bravo roPerred to the N-S •uo• In the ~:4. ~ paCkat, end asked lost cosy 0• dlecuued et the cork ' `4 t union, ' ~ {, _ . 7 ..: ~. _._ _._.__. ..~.......~....-... __ -_ ~. y.rr ., '3t.~'v~..ll a*~ nt /~: ~.l.v. .tr~~x~._. i.~ 1 •1 M°~'/~ .r Y~l'.iti S~j .F .. }~tf~5 1.~^^7 ~.~y~B . k .. ~' .~ a m IQ:MO TO: Kenai C(Cy Council PtOM: Cher le• A. grown, Finance Director (A Q DATE: Eap[esber 26, 1985 EDEJECT: Mmeeasmnu %G- ~-~S~ N°S AC last nighc'• wrkmaesion. Cho wbjecC o[ wing 9500,000 04 Che 92•'1 sill ion grant dor ucchins money on aaaeusenc discricu vas dimcuaead. Ma rill earurk ehi• uongr for asssessent diacrica. Norevar, at Boas point, [M Adsinta[rac tan rill nasd apaci4lc guidal ina• oa hor co adviaa the public of the availability of thaw funds. Coundl agreed chat it mould be wed co retch asdnsc • SOY aaaus.mnt Lor pavlog projects. Me Nve authorised/uniuwd bonda of S1, 150,000, of which 9360.000 should W veld dor the Aliek/MCCollu• project. That lava 3E10,000 0! awilabl• bonda Lor advwca financing of cM useuad portion. The quutiosa to M considered arr. '1D I4 wtar andlor carer wrvices are uquuead !n conjunction with pains, ahali chow wrvicw alw ba amilabls for the SOY uwasmt rat io7 g3 It a developer/mbd[vWer nquuc• a SOY aluurnC district, an CMu fumda aailable to hisT 7) IL Cornell rishs• to a:<luda davelopsu, rhich weu eo M chs prmesdaat eat (i.a., Ialat Moods, Spru<erood Clan, Ecstlar), hor do w idsntt[y • dewlopaet A D+rc7 eNt ovrts 20Y od thm land is a peoyosed dlatrictt gov about SOYT Moat regwau !or uwusanc disericb is reewc yur• lure been Lroa deva lopsn, They s+7 ow a L*ga portion od cM land involved, but ssuaily eWrs m otMr Wnetited properties also. This ram, the uw - im bproesrood Olan mnd oa Eceller. Me should hams m rely rampoaaa to '. thcas pwPls rho rill inquire above than fYnd s. Finally, 8 vent [o wri4y chat this sons? (ins 3500.000 0[ ut-aa tda romd gran[) is sot intended dor trawl road uuassance. Thin ram sy mdsntandiag of Counell'a imtene. And, of cour+a, in cosplimce rith the grant, !c ea:o't M wad !or rater mad serer •loaa. That is rhy w wjs<cad wa of thin suwy dor CM •s waswat pmt it ion on Cat. Luca AS mod ~6, Esc. 34, rhich appeared marl Gr m eha ateada. V :±a - s'cH-r '~~ e c C _ .,t ~ ~ .. 1 !. -.. ' __.~"`"angyM 3 _ ~~ ~~~~yy~ ~ M ~ iI- _"- , K(1al f IIr uu'V If Narrn l0. 19ei V:o f" IS NgiIUM: Cn~Aa'lloran tlfse mnvrvd In Unuipgnrv It~4 fPnm fa inn nrvri. mretfng r fiR innf rngvesP a forma) le4n lot inn Lb drain rvri Pnt Wrhlin nratlnn sec nralrvd by Cr"u~rPlanman Raf lfe. YB (E: Nottnn pawed Dv uneN arpta rnnsenl R REPONiS M-1 City Nanaq~r Plannlnq 8 Zoning Mm revicaed an ordinance pcopneed Dy the Borough - req+rdrrq uniPprn street nantnq atthln the Borough. [i tv Nan+ger Brtgnt on rma Infnrned Nat [he Planning Car ieeton recprrserrled _. approval alth 2 eviceptfona. lJ"rr!a or changetl street mars shall not tlupi(care evfetinq st roe! Wanes rtthtn the Borough" ah(ch neam If Kenai ham + Nafn Street. Monet can't have s Main Street Clty Manager - Brighton •uted Nat tM planning department at the Borough ought ~ ,, no[to De telllnq the City aP Kenai what to Wane !belt streets. L "toe Plane lrp Crnr (salon (Bocpugni ur be reeolut ion, change. rename. ar Wane an evle[lnq or established street rlthin the Borough •t am tine ~. - Ater the adoption of (life ordinance upon notiflution" end Aoas rrt " sav consent o/ nunlclpalftlee. It mava Atet consultation, Mayor Kagoror oD Jected to the overall ordinance, "tM t'• rhv the Ctty of ... .. Kenai regues[eo for and recedved tt+eft xonirq porrera was to enable ua to do our own xoninq and that includes nanlnq our own •treeb and - ehanglnq n+nea, case Sn point, [hlnulna Point, ae were ao rorrled - about duplicating the n+ne taxwse there 1^ one In the 8oraxlh. Lard Manager labahn erplalned thsL the concept of the ordtnanca Is to coordinate street nanlnq aP s Boeougn-aids Dae la. Khere eaergertcy - response L corcerned rithln eerv ice areas. !t cwee+ the 8orwgh none peoblena. this le wM re they are coning Cron. "If the Borough is going to take over the "authorl4y" the Clty at111 needs [o play an lamortent roll 1n the street nanlnq. Khat the Borough la requestlnq 1s that they would tecagnlxe all the evlrtf ng,etreeta the wry they ate nos. but alien addlttans! streets oc+ae on line: lost would qo through the Borovyh Ion euthorixation." Mayor Kagoner stated that "chat 4ha - Cassell fs su~~e~tlnq that you cormrnicate rlth then toot Council doeen't twy lost. the Borough aM the ere+a they ere concerned about are not Drovtdinq any emergerMV eerv lees rt[hin the Clty of Kemal. therefore 4here mould M no conflict. the lr problem f• within their own service dts4rlc [s ecd the urwrganlzed portions pf the Borwgh," ~ - Cwncflnan Klee atsted that Host o/ the Deop le are able to identlPy f9 - thev ere on Redoubt to Kenai rather then Redoubt !n Soidotna, i don't see that as valid. Mayor tlagoner asked Lard Meneger Labahn to !noon(! foams feelinge to the Boraph. x _. _._ k4y 3 < ~,..'. ~' r 1 , i. a, ~ . klval iln rnuvu atrh 20. IyNS p ax Iv why tnerr ~a^'t 0. a flat !n. arvf tf that's nnf ...HfA la a MrDl u' utll ttv, it mev'r* not gninA [n Prnv nfa fhxt public util llv netvire tlw!n 1 tnlnV the ro+tnwar anA the Ahata nnlrlern hmva a right to Cpa4nlm an. 1 think we +nnulA apPfoach thew, Pha OnarA. anA PtIC if neceaaa [v to xt + tlmnf 1rmt inn." Mavnt wxrinwt axkeA i/ frrrrr.llwan elms r+e aaklnq a reaueat of Dubl tt wbrkA, ansrer vea. Xarnt Magnnet 6a[ tM+ IteM fdr newt rettM• :-3S 67acume lrM - pertant Par Yatat b Sera Assess, Df atrtc4 Tht• tin Is added ss + result of she work sane ion before the west Ong. The Cwrril. /eellnq • need Pot a Dolfrv rich mpprpaclmd OY tM Dubl lc requestynq + rater 8 saver •aeeseaent df atrf ct. ylDtt04i Counts loan Ackerly saved that renter b sewer aeeeeawent percentages be set at 50:. secoMed Dy Countt !coven Mont or. [ounciiwn Nall eked if this was to to eetmbllahed tot new aubdf victims or pettainiry only to Diet irp et rash. igTION 11ft[ttOMEMTt Councilun Nedl +~etded the roLlm to lydtcate the percentages could not pertain to new subd3vle Sons, aeconaed by Coimuldrowsn Nmtor. Ca++clls+n Y1se Pelt 50'. la too high. I tMnk tt la Drohtblttve srd penal sting tMN wM rerM't able to get thedt reWeata Sn. MDl Itklt Councilwn siee saved td awend the percentage to 25, IgTIDN !6715 for LCk o! second Cax+tilrpsan B+tlte stated that at one tlwe when we rare gett Srq ~afeY lror the state re were very Oluan and reddents o/ the city cars getting lODS of the •we+sarnt Atatt icL Then +t + tlae when ve tud soney we rare 6olnq It wi~nout +nenarnt snd I feel that 50Y 1s fats and spot t+Dle st thU tine. Councllsan Mall eked lP of tat +pprov lfq this rill the priority Itst be changed. Finance Dl rector Brown amwere0 t.Mt tt anmld De fie. ibis enough to bs + quid+nee altwtlon. 1 think you us think inq In terxa Of developwent Includlrp suit lDiB property pwnen. You sill •t 111 Mve a sitwtim ilke Nclanaa rhen you won't rant to put anythfnq Into ft. to clulfy, Mayor Magoner stated Courcl lean N+11'a asetd+ent takes care of this. +• tt only psrt+lm to currently eala[!nq toads. not any future aubdlvlalma. Councltun siae •ts[ed tMt he had s Ocoblew of lntroduc lnq tN a •a •n action ltaw rlthwt holding a publdc hear lrq. 1 f 1 y, t 'z . ~ ~ .,'~~'~' .~..~~ ..b ~. ~. t: ~ ~ Suggested by: Council CITY OF KENAI RESOLUTION NO. 87-65 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REQUESTING THE GOVERNOR TO PUT $3.335 MILLION OF .ROAD IMPROVEMENT MONIES INTO HIS BUDGET FOR THE CITY OF KENAI, ALASKA. WHEREAS, input for the 1988-89 CIP list from the Kenai City Council, City Administration and the eitizens of the city of Renai has resulted in the following prioritized CIP list being requested of the State of Alaska, and WHEREAS, it is the intent of the Council that gaving projects in residential areas will be partially funded by forming assessment districts in order to make any available State funding go farther toward .completion of the priority list, and WHEREAS, the following public meetings were held, Meetings Open to the Public 10/22/87 10/26/87 10/27/87 WHEREAS, the Council of the City of Kenai, after receiving and analyzing the input from all sources and after such discussion and deliberation, has decided to .adopt the' attached 1988-89 CIP List, and WHEREAS, the State of Alaska receives approximately $300 million on an annual basis from the Cook Inlet oil and gas industry from such sources as the 20 mill oil property tax and royalties from the production of oil and gas, and WHEREAS, the City of Kenai receives the major impact from the activity that takes place due to the additional activity and commerce created by the oil and gas industry and all of the services provided by the City of Kenai are heavily impacted by such activity. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai is requesting the Governor to add $3.335 million to his budget for road improvement and upgrade in the City of Kenai, Alaska to permit the City to meet the needs of its citizens and neighbors. BE IT FURTHER RESOLVED that prior to initiating paving projects in residential areas through the use of State funds the City shall hold public hearings towards the formation of special assessment districts to partially fund projects listed under the Capital Improve:cients Project priority list. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 27th day of October, 1987. .=g~:'~`~'~ JOHN WILLIAMS, MAYOR ATTEST: G{~ilJC.iQ ~y~~~4t~--fit net Whelan, City Clerk Y y_3 -'~ O Suggested bp: City Cov n<tl CITY OF KENA[ RESOLUTIOx a0. 85-33 A RE SOLUPION Of THE COUNClI 06 dHE CITp Of KEaAl, AUSKA SEPfYNG A POLICY REGARDING THE PERCENTAGE OF COS(S Of STREE(S, rATER AND SEVER, ANO OTHER 1MPROrEMENfS TO BE A55ESSED TO BE kEf [TED PROPERTp OrxERS. etHEREAS, the Couril des±ras that oeo pertp orners pap all Or s - portien of iepro•eme nts to streets, rater an0 serer, end other such imp[aveaents that benefit Drirate Drops rt les. and YHEREAS, sasessaents to peopertp orne ra vili result in a rare equitable disc ribution of [itp resources, and rill alloy grant monies to 0e used foe sore Drojects. f1t1a, THEREFORE, BE IT RESOLVED 8T THE COUp[IL Oi dNE CITY OF KENAi, ALASKA iHAT THE fOLl0Y1N6 GENERAL POLICY t5 ADOPTED FOR WIDANCE TO THE [ITp ADMINISTRATION AND fHE PUBLIC: Section T: Pater and serer late nl eanstruction in the Citp of Kenai shall result in assessments against ' Denefitad pcopertlea at the rate of 505 of costs. Ho+e•et, iP a subet sntial portion of .ti: _. ~~ .:'c , }! i .',~. ~'.'~t -.izt<~~ ... s properties in • Proposed asaesaaent daseriet - la owned 6p o.x or a Per camaon orne ea, or it appeals to the Council that the Or nets ate acting as developers, the rise lament Mall be at 1005 of costa. Section 2: Cost of construction of rater and carer aain interceptor lines rill generQlp not be assessed against ProPert iea. _ _ Section 3: Street, aide+alk, storm drain, Iightinq, and other improrementa shall re au It in as aeaarenta against benefited properties at the rate of (DOS of coats. Section A: In eertain cite wetanees, the Citp Council asp determine thst it La in the beat interest of the City t.o ^a&e eertain improrementa, inc lading rater, sere[. or street imp toreaents. rlthout rise ascent in order to enh ante orderlp da•elopment ar for of Mr putDoses. T i a O _-~ ~S'4~ ' ~`."1a11. . , ..M.. v. +. r l:oa 5: All cons[ tact ion Oro Jects mre sub Ject to a•u laoil i[y of eon acs. botn Tor the assessed snd non-assessed Dort sons. ~otn lnq in [hts rasa tut con is aemni to 4ire mssurmnce tna[ such conies etll be m•aalable. /~ r r epE COUiCtI OF PNE E[Pr OF KEVAt, A[ASKA tnis 3rd day k''+.Y7r}` 1985. U TOM mACUlER, MAPOR ie Ln, City Cletk ... 9 by Finance: ._ ,:_ y. Z ~:::,p ~Y-~r t.t-^S~ M r NY y~1 'r~s .aP «~d ~!~ ``3~ + ~~Sr~ ?'A? e;J ~ .~>• rr]]~~ vM COY . ~ ! :... r .i .. ,+. a .. ~ 4~~w3P.~~~6~b ~ ~ K M C-- L. vla. r '~- Per' election by a majority of those qualified o vote and voting on the question. Revenue bonds issued to, pay the cost of a facility to be used by ten customers or ess for the purpose of promoting economic development in a around the city, may be authorized by the council witho t an election if the debt is payable solely by the users. (Amended February 13, 1979, by Ord. 450). Section 6-4, (Repealed 4, 1969). Section 6-5. Industrial evelo meat bonds. The city shall have the power to borro money and to issue bonds or other evidence of indebtedn s for the purpose of promoting economic development in an adjacent to the city. Such in- debtedness may be authori d by the council without a vote of the electorate for ob gations which are defined as in- dustrial development bo s by the United States Internal Revenue Code, as amend The city may, with respect to .the issuance of such bt, acquire, purchase, lease, con- struct, sell, subleas' or otherwise dispose of projects by action of the counci'. No bonds or other indebtedness issued by the city under is section shall be repayable from taxes levied by the city nor be a charge against the general credit of the city. (Am nded February 13, 1979, by Ord. 450). ARTICLE 7. PUBLIC IMPROVEMEN^tS Section 7-l. How cost may be paid. The cost of a pub- lic improvement may be paid wholly by the city, or partly by the city and partly by benefitted real property, or wholly by benefitted real property, as the council may determine. Said cost or part thereof to be borne by benefitted real property may be assessed by special assessment upon such benefitted property, .Section 7-2. Special-.assessment-procedure.--The-council may begin procedure for public improvements when all or part of the cost thereof is to be paid by benefitted real property, either on its own initiative or upon receipt of a petition. The council shall prescribe by ordinance complete special- assessment procedure for such improvements, t9ithout limiting the procedure cahich may thus be prescribed, it is hereby pro- vided that such special-assessment procedure may (but is not hereby required to) provide for the issuance of special tax bills, warrants, or other evidences of special assessments; for tha creation and operation of a revolving improvement fund; and/or for special-assessment bonds secured by special ~.. assessments on benefitted real property, Also, in accordance C-14 { iC with Section 6-1 of this charter, general-obligation bonds may also be secured by special assessments on benefited real property. Section 7-`3. Special assessment to be in proportion to benefit-Apportioning. Any special assessment for a public improvement against real property benefitted thereby shall be in proportion to, and shall not exceed, the value of the benefit from the improvement. The Council shall establish the method or methods of apportioning the cost of such improvements among the parcels of benefitted real property. 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 benefitted 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. (Reso. 83-41) Section 7-4. Protests. If written protests as to the - necessity for any public improvement are made by the owners of benefitted real property which would bear fifty percent or more of the estimated cost of the improvement, the improvement shall not proceed until the protests have been reduced so that the property of those still protesting shall not bear fifty percent of the said estimated cost, except upon approval of the Council ~„ by a vote of at least six members. Section 7-5. Lien for special assessments. The special assessments herein provided for, and any lawful charges, penalties, and interest which may accumulate thereto, shall be a first lien upon the real property assessed; and the lien shall be of the same character and effect, and shall be enforceable in the same manner, as a lien for general taxes. Section 7-6. All real menu . All benefitted real from taxation in accordance cost of public improvements article unless specifically law......... property liable for special assess- property, including such as is exempt with law, shall be liable for the. assessed in accordance with this exempted From special assessments by ARTIC 8 FRAN RISES Section 8-1. How grant A franchise permitting the use of the streets, alleys, bri qes, easements, and other public places of the City in the urnishing of a public-utility service to the City and its inha Cants may be granted to a person, extended, renewed, or a ended only by a non-emergency ordinance passed by the Council, accepted as provided hereinbelow by the C-15 (City of Kenai Supp. /P24 - 9/27/83) fit' ~ "SS-F~ I~ ^"~w3r~^-M~~'~'ryir c4 'C' "aTy,. j, "'..-y~..~- P~~"'z' ~'L,"Sr '3.,~.':'~'G }. ~~..,,X ~r'a"'~`''~+8. A'j1kSY `va"': y~ fit",,,. r~ ^l"t a p~/ x*~o-ixa ~..'°+".~.~ ''r",,.zs<+w~~~~*~~ i~`~^"'~'`~~a ~~C~ ~~, 4` ¢y~~'~y~' ~~''~v_-, r ~~.~, ~ y~4, ~ ~YCITY=OF KENAI'" ~~``-°` ~~ ~~ _~-~ 'Special Election "of lylay X17 1977 ,~ +~-~aS•' "~..-sf.~,zy~~ -.. .~......,~?.+-1i! ~twa wa^t. 3r£ y-t.^`l.u~''~"Ifa3 t•{, "~'f>.+FY+r, ,'i.'.~.x'S .,+:~Y r; r _ '' s " The~last sentence of Section 7 3 of~ the Charfef of the City of Kenar `reads as follows: -ax ~~' !k?srvr~s }r' a..r-; w, . "'No special asseument shall 6e levied by the City government „ - `<_` against any property in excess of 25% of the fair cash market ': value of the property after giving effect to the benefit accru- " ' : ing thereto from the work or actmn for which assessed .- - r ryd ~r ~ .-fi tom, ~, + Shall such sentence be amended to read as followsl ~• ~ e _ _ - a ',The Council shall provide for payment of specie) assessments ,~~,. '. 'either in ane sum ar in yearly installments. No yearly install- ~` - ~: ment may exceed- 25% of the assessed 4elue `of fhe property ° - = affected. ~,. r.rc ..r s s Y ;,. X~}:7 '~u~w ,~ i -~a. - - >' ~. - r ~ - _ r ., tic'" .EE _ ;_ -q......a:T, ~..3"1d'S3."3^~2 z ra -And, Section 7-4 of the Charter of the Cify of Kenai reads as follows. _ _ ' Protests ~~ `itt ~ Ns £ 't r "'cv ~rrisr •t'rM r+ * - ~lSec+ion 7.4: If wntten pro,esfs as to the necessity for any ;public improvement are made by the owners~of benefitted real ' ::;;property which would bear fifty percent or more of the esti- ,, - - " ~,matedcost of .the improvement, the improvement~~shall riot ~S ,. - 'pr'oceed until the protests have been reduced,sothaf the pro- _ ~ "perfy of those still protesting sha(I :not bear,{iffy percent of ,r,~ ' -_- ' ~ the said estimated cost, except upon approval of the Councl -.. ~ ~ ~ ~',by a vote of at least six r^embers ' ~. - r' ~""Sriro a'- r r ;4i e s ~ z "' 1 Section 7.4 be amended to readmits entirety as follows.~~' _ Shal Protests Sn ~i^=.. .`:.`. ~? ~'.-s~ isi - ~ "Section 7-4: The City shall not proceed wdh Deny pubLc im- " ;provemen+for which especial assessment district is~tobe formed until is has received whiten approval~to proceedfrom _ sthe owners of properties bearing 50% or mere ofthe estimat- 'ed cost of the improvement _ ~- vs t~ J,,.j._ _ .»r. `- And, shall a new Section b-5 be added to the Charter of the City of ~~,r,^.y, ,~~ Kenai which shall read initsentirety as followsl ,,,~'. ~ - G ,.^,- . SPECIALASSESSMENr gdniDS ~ „-. .:.. - Section b-5: The City shall have~the power to borrow money - - to pay ail or par} of the test of local improvements in special _ _ - - - assessment districts and to issue special asssssment bonds or - other evidences of indebtedness, therefor, the principal and interest of which are payable solely out of the special assess- men} levied against the property to be benefitted by fhe im- provements. Such special assessment bonds shall be authoriz- ed by the Council by ordinance and no ratification by the voters of the City shall be required. The property benefitted may be pledged by the Council fio secure apayment- YES ^ 7S- NO ^ fb7 Idormafion to Voters £upplied on fhe Back ' .. ...: - y r3 - 16.05-16.05.010 Title 16 PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS Chapters• 16.05 General Provisions 16.10 Procedure 16.15 _ Benefited Property Outside District 16.20 Collection of Assessments Chapter 16.05 GENERAL PROVISIONS _: r.. ,'Sections.., ,,.. 16.05.010 Assessment Authority. 16.05.020 -.How Improvement Proposal Initiated. 16.05.030 __ Requirements of Petition. 16.05.040 Contents of Resolution. 16.05.050 Permissible Methods for Financing Local Improvement Districts. 16.05.060 Authorized Capital Improvements. 16.05.070 Property Assessed. 16.05.080 Amount Assessed. 16.05.090 Costs. 16.05.100 Method of Assessment. 16.05.010 Assessment Authority: (a) The City Council may assess against the property of a governmental unit and private real property benefited all or a portion of the cost of constructing or improving capital improvements. any such special assessment shall be in proportion to, and shall not exceed, the value of the benefit from the improvement. (b) All benefited real property, including that which is exempt from taxation in accordance with law, shall be liable for the cost of public improvements assessed unless specifically exempted from assessments for public improvements by law. No assessments shall be levied in excess of twenty-five (25~) percent of the fair market value of property after giving effect to the benefit accruing from the work or action for which assessed, except where all benefited property owners waive the -above 25~ limitation and agree to accept on a proportional basis 100 of the costs of improvements. (Ords. 791, 969) ~' 16-1 {City of Kenai Supp. #48 - 7/15/88) 16/05.020-16.05.050 16.05.020 How Improvement Proposal Initiated: An improvement proposal may be initiated by: (a) Petition to the City Council field with the City Clerk, by the owners of property in the proposed improvement district, or, (b) Resolution of the City Council:.- (Ord. 791) 16.05.030 Reouirements of Petition: The petition shall include a description of the proposed improvements. Unless all benefited property owners' signatures are required by virtue of KMC 16.05.010, the petition shall be signed by the owners of fifty percent (50~} or more of the properties which will be benefited by the proposed improvement. No property owner may withdraw his approval of the proposed improvement for a period of six (6) months after the petition has beep filed, unless authorized by Council. (Ords.'791, 868) 16.05.040 Contents of Resolution: The resolution of the City Council initiating an improvement proposal shall include a description of the proposed improvement and direct the City Manager to make an investigation and report thereon. (Ord. 791) 16.05.050 Permissible Methods for Financino Local Improvement Districts: (a) By general obligation bonds: {1) Local improvement districts for capital improvements may be financed by use of funds obtained from the sale of general obligation bonds approved by the voters of the City of Kenai for such capital improvements. (2) The principal and interest of general obligation bonds so issued shall be payable from the levy of assessments so issued shall be payable from the levy of assessments against the property benefited, but any deficiency in meeting payments of principal and interest ..shall be made up by an appropriation from the general fund. The assessments shall constitute a sinking fund for the payment of principal and interest on the bonds. (3) Interest on funds borrowed to finance the capital improvement prior to the sale of general obligation bonds shall be a cost of the improvement district. (b)--By_special-assessment bonds: (1} The City Council may, by ordinance, authorize the issuance and sale of special assessment bonds to pay all or part of the cost of an improvement in a local improvement district. The principal and interest of bonds so issued shall be payable solely from the levy of special assessments against property to be benefited. The assessments shall constitute a sinking fund for the payment of principal and interest on the bonds. The property benefited may be pledged by the Council to secure a payment. 16-2 (City of Kenai Supp. #48 - 7/15/88) 16.05.050-16.05.090 (2) Interest on funds borrowed to finance the capital improvement prior to the sale of special assessment bonds shall be a cost of the improvement district. (c) By City funds (with or without subsequent recovery by assessment against benefited property). _ (d} By any combination of two or more of the above. (Ord. 791) 16.05.060 Authorized Capital Improvements: A special assessment district for a public improvement may be initiated for any one or more of the following improvements: (a) Streets, roads, parkways, street lighting, curbs, gutters, driveways, curb cuts, and sidewalks; (b) Storm sewers, drains, or settling basins; (cD Sanitary sewers, including interceptors, collectors, laterals, and sewer service connections; (d) Parks or playgrounds; (e) Off-Street parking facilities; - (f) Changes in channels of streams or watercourses; (g) Water supply systems, including water mains, water distribution lines, water service connections, and fire hydrants; (h) Public shelters; or (i) Street, road, parkway and sidewalk drainage, dust control, or snow removal. (Ord. 791) 16.05.070 Property Assessed: The Council may assess for an improvement any real property benefited or any interest in real property 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 be assessed may include any property which is otherwise for any reason exempt from taxation by law. A benefited property may be included in whole or in part in more than one local improvement district. (Ord. 791) 16.05.080 Amount Assessed: The Council may assess 100 of any or all costs of a public improvement against the parcels of property benefited by the improvement. Unless a specific method of computatioh 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 proportion to the value of the benefits received from the improvements. (Ord. 791) 16.05.090 Costs: The costs of an improvement shall be the actual costs of the improvement, including acquisition of interest in land for the improvement, design, engineering, administration, overhead, professional services, bond costs, and 16-3 (City of Kenai Supp• #48 - 7/15/88) 16.05.090-16.10. interest incurred as a result of the improvement, and all other costs resulting from the construction of the improvement. Bond interest shall be calculated from the first date when actual costs are incurred by the City. (Ord. 791) 16.05.100 Method of Assessment: The provisions of this chapter shall not prevent or be construed to prevent the collection of assessments or payment in lieu of assessments for improvements in any other manner as provided by law. The methods of assessment are described in general herein and will require decisions of policy by the Council meet current needs. In general, the assessment rate for any special assessment district is computed by dividing the total assessable cost of such improvement by the total number of assessment units. The entire project is considered as a whole when computing the assessment rate and applying it to all properties. The cost of installing the improvement in front of or past any particular parcel of ---~, property is only one method permitted of assessment. ,,Except as otherwise provided by law, ordinance, or by Council-approved policy for a particular local improvement district, costs will be allocated on a square footage basis extending one lot deep adjacent to improvements in subdivided areas, midway between streets up to 150 feet of depth in unsubdivided residential areas, and up to 300 feet of depth in unsubdivided commercial and industrial areas. Greater area may be included when assessing costs for interceptor sewers or water mains providing fire protection. (Ord. 791) , Chaoter 16.10 PROCEDURE Sections: 16.05.010 16.05.020 16.05.030 16.10.040 16.10.050 16.10.060 16.10.070 16.10.080 16.10.090 16.10.100 16.10.110 16.10.120 City Manager Action. Preliminary Assessment Roll. Setting of Public-Hearing on Improvement District. Notice of Public Hearing on Improvement District. Written Objections. Public Hearing on Improvement District. Council Action. Assessment Roll. Setting Hearing on Assessment Roll. Notice of Public Hearing on Assessment Roll. Public Hearing on Assessment Roll. Correction and Determination of Assessment Roll. 16-4 (City of Kenai Supp. #48 - 7/15/88) 16.10-16.10.040 Cl 16.10.130 Resolution Confirming Assessment Roll and Fixing Payment. 16.10.140 Payment. 16.10.150 Notice of Payment. 16.10.160 Objection and Appeal.. 16.10.170 Reassessment. 16.10.180 Supplement Assessments. 16.10.010 City Manaoer Action: The City Manager shall, within sixty (60) days after the filing of the petition or passage of the resolution, make a survey of,"and report on, the proposed improvement to the City Council concerning the need for, the desirable scope of, and the estimated cost of the proposed improvement, prospective grants that might be secured to assist in payment for the improvement, recommendation as to grant. application, and the recommended 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 be assessed and showing the desirable scope of the proposed improvement. The proposed improvement district may be defined by: (a) metes and bounds description; or (b) by a designation of the benefited properties to be assessed by lot, block, and subdivision. (Ord. 791) e 16.10.020 Preliminarv Assessment Roll: Within thirty (30) days after consideration by the Council of the survey and report, the City Manager will prepare and file with the City Clerk a preliminary assessment roll for the proposed improvement. This preliminary assessment roll will include the name of the record owner, a brief description or designation of the property, and the estimated amount to be assessed against the property. (Ord. 791) 16.10.030 Setting of Public Hearing on Improvement District: Within thirty (30) days after the presentation of the preliminary assessment roll by the City Manager, the Council shall by resolution set a date within sixty (60) days after the date of setting for a public hearing on the proposed improvement. (Ord. 791) 16.10.040 Notice of Public Hearing on Improvement District: Prior to the date of hearing, the City Clerk shall publish a notice at least once a week for four i4) consecutive weeks in a newspaper of general circulation distributed within the municipality. This notice shall include a summary of the improvement, the designation of the properties to be assessed in the local improvement district, the purpose of the public hearing, the time and place fixed for the public hearing, the fact that a preliminary assessment roll is on file with the City 16-5 (City of Kenai Supp. #48 - 7/15/88) 16.10.040-16.10.080 Clerk, and information as to written protest or objection Clerk shall also send notice groperty within the groposed fifteen (15} days prior to t to the information contained include a designation of the and the estimated cost to be (Ord. 791) the manner and method of making to the action to be taken. The City by mail to every record owner of local improvement 3istrict at least ze public hearing which, in addition in the published notice, shall addressee's property to be assessed assessed against such property. 16.10.050 Written Obiections: Objection to the improvement plan may be filed in writing with the City Clerk until, but not on the date of public hearing. The City Clerk shall present to Council at the time of the hearing, all objections filed in 4`rriting. (Ord. 791) 16.10.060 Public Hearing on Improvement District: At the time and place noticed, the Council shall hold a public hearing upon the necessity for the proposed improvement. The Council shall hear all interested persons favoring or opposing the proposed improvements and shall consider all written objections filed. (Ord. 791) 16.10.070 Council Action: After the public hearing is closed, the Council may increase or decrease the scope or value of the improvement, or may delete form the proposed improvement C district properties not benefited by the improvement or add properties which would be benefited and shall adopt a resolution directing continuation or termination of the modified. improvement district. No change may be made resulting in an improvement district objected to by owners of properties bearing fifty percent (50~) or more of the estimated cost tc be borne by the property owners except with the approval of at least six (6) members of the Council. the resolution directing continuation shall find that the improvement is necessary and of benefit to the properties to be assessed, and that it is not objected to by owners of properties bearing fifty (50) percent or more of the estimated costs to be borne by property owners or, in the alternative, that it has been approved by at least six (6) members of-the Council.- 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 known 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. (Ord. 791) 16.10.080 Assessment Roll: After the improvement has been completed and the costs of the improvement computed, the City Manager shall prepare and file with the City Clerk an assessment 16-6 (City of Kenai Supp. #48 - 7/15/88) 16.10.080-16.10.130 roll for the assessment district. The assessment roll shall contain, as to each property to be assessed, a brief description or designation of the property, the name of the record owner of the property to be assessed, and the amount to be assessed against the property. The person in whose name property is listed on the municipal property tax roll as owner is conclusively presumed to be the legal owner of record. If the owner is unknown, the assessment may be made against the "unknown owner." (Ord. 791) 16.10.090 Settino Hearing on Assessment Roll: After the assessment roll is filed, the Council shall fix the time and place for a public hearing on objections to the assessment roll. (Ord. 791) 16.10.100 Notice of Public Hearing on Assessment Roll: Notice shall be given for the public hearing on the assessment .roll as prescribed in RMC 16.10.040. The notice to be published shall include a summary of the improvement, the designation of the properties to be 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, in addition to the information contained in the published notice, shall include the amount of the actual assessment against the property owned by the C addressee. Each notice by mail shall generally inform the property owner of the manner and method of protesting or objecting to the action to be taken at the public hearing. (Ord. 791) 16.10.110 Public Hearing on Assessment Roll: At the public hearing, an owner of the property to be assessed shall have the right to present his objections to the assessment roll by showing errors and inequalities in the assessment roll and by submitting any reason for amendment and correction of the assessment roll. (Ord. 791) 16.10.120 Correction and Determination of Assessment Roll: After the public hearing, the Council may correct any error or inequality in the assessment roll. When the roll is finally determined; the City Clerk shall so certify and the roll shall be officially recorded. (Ord. 791} 16.10.130 Resolution Confirming Assessment Roll and Fixing Payment: After the public hearing and determination of the assessment roll, Council, by resolution, shall confirm the assessment roll of the local improvement district. The resolution shall provide for the levying of the assessment against the property included within the district and may establish a sinking fund for payment of principal and interest on any bonds which may be sold to finance the improvement. The 16-7 (City of Kenai SupP. #44 - 5/8/87) 16.10.130-16.10.130 resolution shall also fix times of payment, schedule of payments, rate of interest on unpaid installments, the date of delinquency of assessments, and the penalty and interest to be paid on delinquent assessments. On delinquent assessments, penalty shall be in accordance with the provisions of KMC 1.75.010. (Ords. 741, 944) 16.10.140 Payment: Payment may not be required sooner than sixty (60) days after assessment. Payment may be in a lump sum or by installments. (Ord. 791) 16.10.150 Notice of Payment: (a) Within thirty (30) days after the time of payment has been fixed, the City Clerk shall. mail a statement to each owner of record designating the property, the assessment amount, the time of delinquency, and penalties. (b) Within five (5) days after the statements are mailed, the City Clerk shall publish notice that the statements have been mailed. (Ord. 791) 16.10.160 Objection and Appeal: (a) The regularity or validity of an assessment may not be contested by a person who did not file with the City Clerk a written objection to the assessment roll before its confirmation. (b) The decision of the City Council upon an objection may be appealed to the Superior Court within thirty (30) days of ~! confirmation of the assessment roll. (c) Zf no objection is filed or an appeal taken within the time provided in this section, the assessment procedures shall be considered regular and valid in all respects. (Ord. 791) 16.10.170 Reassessment: (a) The City Council shall within one (1) year correct any deficiency found by a court in an assessment. (b) Procedure for notice and public hearing for reassessment must conform to that utilized for the initial assessment procedures. (c) Payments on the initial assessments are credited to the property upon reassessment. (d) The reassessment becomes a charge upon the property notwithstanding failure to comply with any provision of the assessment procedure. (Ord. 791) 16.10.180 Sllpplemental Assessment: (a) If additional costs are incurred that are chargeable to an assessment district after the initial assessment roll has been approved by the City Council, the City Manager may prepare and file with the City Clerk a supplemental assessment roll. 16-8 (City of Renai Supp. #44 - 5/8/87) 16.10.180-16.15.030 (b) Procedure for notice and public hearing for a supplemental assessment must conform to that utilized for the initial assessment. (c) Billings and payments on a supplemental assessment shall be kept separate from the initial assessment. Supplemental assessments may have payment terms and due dates different from the initial assessment. (d) More than one supplemental assessment may be allowed. (e) The sum of all supplemental assessments in any one assessment district may not exceed twenty percent (20~) of the initial approved assessment roll. (Ord. 1180) Chapter 16.15 BENEFITED PROPERTY OUTSIDE DISTRICT Sections• 16.15.010 C 16.15.020 16.15.030 16.15.040 16.15.050 16.15.060 Receipt of Services. In-Lieu Payment Credited on Subsequent Assessment. Liens for In-Lieu Payments. Initiation of Benefits and "In-Lieu Payments." Establishment of Amount. "In-Lieu Payment" Rate Determination. 16.15.010 Receipt of Services: Real property contiguous to or adjoining local improvement districts may receive the services from said contiguous improvement districts if a payment is made in lieu of assessments which is at least equal to the rate of assessments within the district. Such a payment may be referred to as an "in-lieu payment." (Ord.. 791) 56.15.020 "In-Lieu Payment" Credited on Subsequent Assessment: If an "in-lieu payment" has been made for a public improvement to a property, then the amount of that payment may be credited to the amount due for payment of any later assessment if said property is included in a local improvement district established in the future for the same service. (Ord. 791) 16.15.030 Liens for "In-Lieu Payments": Any lien created by an "in-lieu payment" shall have the same priority and characteristics as a counterpart assessment and may be collected in the same manner. {Ord. 791) 16-9 (City of Kenai SuPP. #44 -.5/8/87) 16.15.040-16.20 16.15.040 Initiation of Benefits and "In-Lieu Payments": Receipt of the benefits by paying an "in-lieu payment" for benefits of public improvements may be initiated by either: (a) The initiative of the Council in the event benefits are being received for which no payment has been made; or (b} Upon the application of the owner of a property to be benefited by a public improvement which will be paid for by "in- lieu payments." (Ord. 791} 16.15.050 Establishment of Amount: If the Council deems it necessary, the establishment of the amount of the "in-lieu payment" may be processed as required by KMC 16.10.070 through 16.10.130 of this Code. (Ord. ?91) 16.15.060 "In-Lieu Payment" Rate Determination: After determination that services from a public improvement should be paid for by an "in-lieu payment" procedure, rather than by assessment of benefited property,.then the Council shall establish rates for such improvements as follows: (a} For benefits from connection to the water distribution system, an "in-lieu payment" shall be computed at the same rate per square foot of property to be benefited as was applied in the improvement district; (b) For benefits from connection to the sewer distribution system an "in-lieu payment" shall be computed at the same rate per square foot of property to be benefited as was applied in the ~~ improvement district; or, (c) Other public services other than those enumerated in this section shall be paid for at a rate to be determined at the time of application for the requested service. (Ord. 791} Chanter 16.20 COLLECTION OF ASSESSMENTS Sections• 16.20.010 16.20.020 16.20.030 16.20.040 16.20.050 16.20.060 16.20.070 Use of Improvements. Foreclosure of Assessment Liens. Cumulative Enforcement. Penalty and Interest. (Repealed) Payment of Assessments Upon Transfer of Title. Penalty. Proration of Assessment. 16-10 (City of Kenai SuPP• #44 - 5/8/87) 16.20.010-16.20.030 16.20.010 Use of Improvements: Whenever public improvements have been constructed by the City of Kenai in any of the public streets, alleys, or other places of the City and whenever assessments or charges of any portion of the cost of such improvements have been made upon the properties specifically benefited by such improvements, no permit shall be issued by any City official or employee for any private connection to the public improvement from any property so assessed and benefited unless the amount of the assessment or the charges placed against said parcel of property have been paid, or if the assessment or eharges are due in installments, unless all payments due at the time of application is made for the permit have been paid. This provision shall apply to all cases in which assessments have been levied, whether void or otherwise, and which are uncollected or. on which installments are due and unpaid, and all cases where charges have been made and have not been paid. Nor shall a permit for any connection to the public improvement be issued by any City officer or employee for parcels of property owned by the United States or the State of Alaska without having said governments pay an equal amount to the assessment otherwise levied. (Ord. 791) 16.20.020 Foreclosure of Assessment Liens: Assessments are -liens upon the property assessed and are prior and paramount to all liens except municipal tax liens. They may be enforced as provided in Alaska Statutes, Section 29.45.290 through Section 29.45.500. Upon default in a payment due on an assessment district financed by general obligation bonds, the City Council may enforce payment of principal and interest, and cost of collection in a civil action in the same manner and with the same effect as actions for the foreclosures of mortgages on real property. Foreclosure shall be against all property on which assessments are in default. The period of redemption shall be the same as in the case of mortgage foreclosures on real property. Monies received from actions taken against property for non-payment of assessment shall be credited to the Sinking Fund. Upon default in a payment due on an assessment district financed by special assessment bonds, a bond holder or the City Council may..also..enforce payment-of-prinopal-and-interest and costs of collection in a civil action as herein above outlined. (Ord. 791, 1174) 16.20.030 Cumulative Enforcement: The collection, foreclosure, or enforcement of any installment or any part of a special assessment shall not bar, prevent, or otherwise extinguish the right of the City to collect, foreclose, or enforce the payments of any other installment or part of the same or any other special assessment. (Ord. 791) 16-11 (City of Kenai Supp. #44 - 5/8/87) 16.20.040-16.20.070 16.20.040 Penaltv and Interest 886) (Ord. 791, Repealed Ord. 16.20.050 Payment of Assessments Upon Transfer of Title: All past due installments on any special assessments levied on property in any improvement district within the-City of Kenai shall be paid in full with applicable interest and penalty prior to the time any transfer of title to that property is duly recorded in accordance with statute. The transferor of the property shall be responsible for ensuring that the provisions of this section are complied with. (Ord. 791) 16.20.060 Penaltv: Any person who violates the provisions of KMC 16.20.050 is guilty of a misdemeanor and punishable by a fine not to exceed $300. The penalty provided for herein may be assessed for each parcel to which title is transferred and shall not bar regular foreclosure proceedings provided for herein nor be applied on, or as a set-off to, any assessments or charges against said properties. .(Ord. 791) 16.20.070 Proration of Assessment: (a) Where any property on the approved assessment roll or for which in-lieu payments have been established is subsequently subdivided or resubdivided, then the amount of principal and interest due on such property at the time of such subdivision or resubdivision shall be prorated between or among the subdivided or resubdivided lots in proportion to the benefited area contained in each such subdivided or resubdivided lot by the subdivider and approved by the administration. (b) In the event that any portions of the property subject to assessment is dedicated for public street or other public purpose, then the entire unpaid amount of principal and interest assessed against the original property will be prorated between or among the lots resulting from the subdivision or resubdivision in proportion to the benefited area contained in each such lot. (Ord. 791) 16-12 ~! ~.~ (City of Kenai SuPP• #44 - 5/8/87) August 11, 1988 TO: Bill Brighton, City Manager Keith Kornelis, Public works Director FROM: Janet Ruotsala ~~ - ~/~J~~~ City Clerk ~` ~/ RE: Capital Improvement Task Force The organizational meeting of the Task Force will be held Thursday, August 11, 1988 at 7:00 PM in the Council chambers. jr