HomeMy WebLinkAbout05282019 City Council Work Session Packet- Subdivision Policy & Potential Changes to Utility ExpansionCity Council -Work Session
May 28, 2019 S.00 PM City Council Chambers
Topic: Discuss subdivision requirements and potential policy changes regarding utility expansion
Packet Contents
l . List of Work Session Dates Regarding Housing, Development and
Assessment Districts Held by Council and Planning and Zoning...............01
2. Chapter 5.20 Improvement Districts.................................................02
3. Chapter S Special Assessment and Public Improvements ........................08
4. Chapter 16 Subdivisions...............................................................10
5. Blank Subdivision Agreement........................................................15
6. Miscellaneous Resolutions regarding assessment districts 1993- 2005.........33
S: ?8:19 Inforniation gathered by Community Development Department
List of Work Sessions regarding Housing, Development and Assessment Districts by City Council
and Planning and Zoning Commission
Council Work Sessions
06.12.2017- Housing Seasonal/Nightly rentals, transitional Housing (long Term) -
Discussion of what entails a special assessment district
07/11/2017- Housing Long Term, Utilities, year around housing, discussion of City abated lots
Discussion of Tiny Homes
05/28/2019- Discuss subdivision requirements and potential policy changes regarding utility expansion
Planning & Zoning Work Sessions
8/8/15 — Development Requirements, 3,000 square foot lots
9/29/15 — Development Requirements, 3,000 square foot lots
8/16/16 — Development Requirements, 3,000 square foot lots
11/28/17 — Development requirements, min. buildable lot size reduction for high density studio
apartments
1/9/18 — Development requirements, min, buildable lot size reduction for high density studio
apartments
3/6/18 — Development requirements, min. buildable lot size reduction for high density studio
apartments
4/3/18— Development requirements, min. buildable lot size reduction for high density studio
apartments
4/17/18 —Title 16 Subdivisions, assessment districts
5/15/18 —Title 16 Subdivisions, assessment districts
6/5/18—Title 16 Subdivisions, assessment districts
5121119 —Housing, assessment districts, utility expansion
Chapter 5.20. - Improvement Districts
5.20.010. - Authority.
A special improvement district may be initiated either by council or by petition for any public
improvements.
(Ord. 425, 1976)
l•V41X+Fl611EGTiifHf•Ti�
(a) Initiation by petition. Improvement districts and assessments may be initiated by petition in a form
prescribed by the city manager which shall include a description of the improvement sought by the
petition. The original or copies of the petition shall be signed by the owners of property which will
bear at least 50 percent of the estimated cost of the improvement sought by the petition. The
petition, when signed, shall be tiled with the city clerk.
(b) Initiation by council. The council by motion or other action may direct the city manager to make a
survey and report on a proposed council initiated special improvement district.
(Ord. 425, 1976)
5.20.020. - Reports on necessity, cost, etc.
Upon receipt by the city manager of the petition from the city clerk, or upon direction of the council,
the city manager shall make a survey and report to council concerning the need for and desirable extent
and estimated cost of each proposed local improvement. The report shall contain a map or legal
description of the proposed district. After completion of the report, a public hearing shall be held.
(Ord. 425, 1976)
5.20.025. - Hearings on necessity.
(a) Purpose. The hearing shall determine whether the proposed improvement district is in the public
interest and necessary.
(b) Notice.
(1) Notice of the public hearing shall be published in a newspaper of general circulation in the city
at least once a week for four consecutive weeks prior to the time fixed for the hearing, and the
fourth publication shall occur at least one week prior to the hearing. The city clerk shall send a
written notice by first class mail at least 15 days prior to the time of hearing to each owner of
property to be assessed.
(2) The notice shall include a summary of the improvement, the designation of the properties to be
assessed in the special improvement district, the purpose of the public hearing and the time and
place fixed for the public hearing. Mailed notices shall include a designation of the addressee's
property to be assessed. Each notice 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.
(c) Written protests. If protests in writing are made by the owners of property who shall bear 50 percent
or more of the estimated cost of the improvement, the council shall not proceed with the
improvement until the protests have been reduced to less than 50 percent, except upon the approval
of not less than four members of the council.
(d) Changes and revisions. After hearing all interested persons favoring or opposing the proposed
improvement, the council may decrease the extent or value of the improvement, and may delete
from the district properties not benefited by the improvement.
(Ord. 425, 1976; Ord. 93-19)
5.20.030. - Resolution to proceed.
After the public hearing is closed, council shall adopt or reject a resolution to proceed with the
proposed improvement. The resolution to proceed shall find that the improvement is necessary and will
benefit the properties to be assessed. The findings of the council are conclusive. The resolution shall
require an account to be kept of all costs of the improvements and direct the proper city official to proceed
with design and construction of the improvements subject to acquisition of the necessary financing.
(Ord. 425, 1976; Ord. 93-18)
5.20.035. - Computation of assessments.
(a) Costs of improvements. The costs of an improvement shall be the actual costs of the improvement,
including acquisition of interests in land for the improvement, design, engineering, administration,
overhead, professional services, guarantee fund, bond costs and interest incurred as a result of the
improvement and all other costs resulting from the construction of the improvement.
(b) Method of apportionment. All property included within the improvement district shall be considered
and held to be all the property specially benefited by such public improvement and shall be the
property to be assessed to pay the cost and expense thereof. Council may determine upon and use
any method for spreading the assessment among the properties within the district, which bears a
reasonable relationship to the benefit received by the properties.
(c) Assessment roll. After the improvement has been completed and the costs of the improvement
computed, the city manager shall prepare an assessment roll for the district. The special assessment
roll shall contain property descriptions, names of owners of record and assessment amounts. When
the assessment roll is completed, the council shall fix a time and place for a public hearing on
objections to the assessment roll_
(Ord. 425, 1976)
5.20.040. - Hearings on objections to assessment roll.
(a) Purpose. The hearing shall provide affected property owners the right to object to the method of
apportionment used in the assessment roll,
(b) Notice.
(1) Notice of the public hearing shall be published in a newspaper of general circulation in the city
at least once a week for four consecutive weeks prior to the time fixed for the hearing, and the
fourth publication shall occur at least one week prior to the hearing. The city clerk shall send a
written notice by first class mail at least 15 days prior to the time of hearing to each owner of
property to be assessed.
(2) The notice shall include a summary of the improvement, the designation of the properties to be
assessed in the special improvement district, the purpose of the public hearing and the time and
place fixed for the public hearing. Mailed notices shall slate the amount of assessment against
the particular tract. Each notice shall generally inform the property owner of the manner and
method of protesting or objecting to the method of apportionment.
(c) Correction to the roll. All persons concerned shall have a right to present their objections to the
assessment and to point out errors and inequalities and submit such reasons for amendments and
corrections as they may have. Council shall have power to vary the assessments in individual cases
where the property assessed is not benefited commensurate with the amount of the assessment.
After the council has heard all objections and suggestions, it shall correct all errors. When the roll is
finally determined, the city clerk shall so certify.
(Ord. 425, 1976; Ord. 93-19)
5.20.045. - Resolution on assessments.
After the public hearing and determination of the assessment roll, the council by resolution shall
confirm the special assessment roll of the special assessment district. The resolution shall provide for the
levy and payment schedule of the assessments. No payment shall be required within 60 days after the
resolution. Deferred or installment payments shall bear such interest as the city council may prescribe in
the resolution.
(Ord. 425, 1976)
5.20.050. - Notice of assessment.
Within ten days after final passage of the resolution levying the assessment, the city clerk shall mail,
postage prepaid, a notice to the owner of each property assessed, which notice shall designate the
property, the amount of the assessment, the time of delinquency and the amount of penalty. Within five
days after the notices have been mailed, the clerk shall file his affidavit setting forth such mailing, which
affidavit shall be conclusive as to the facts therein set forth.
(Ord. 425, I976; Ord. 94-37)
5.20.055. - Receipts from special assessments.
Accounts for special assessment rolls shall be created and maintained in accordance with generally
accepted governmental accounting principles. Moneys collected from special assessments shall be used
solely to pay the cost of the improvements to which they apply and to the principal of and interest on
indebtedness to the city.
(Ord. 425, 1976; Ord. 94-52)
5.20.060. - Premature expenditures.
No expenditures, other than for administrative engineering and legal work for any local improvement,
the cost of which is to be borne by special assessments on the property benefited, shall be made unless
the cash is on hand or bonds have been authorized to finance the cost thereof.
(Ord. 425, 1976)
5.20.065. - Special assessment bonds —authorized.
The 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 district.
M
(Ord_ 425, 1976)
5.20.070. -Special assessment bonds —guarantee fund.
Before the council may issue special assessment bonds, it shall establish a guarantee fund and
appropriate to the fund annually a sum adequate to cover any deficiency in meeting payments of principal
and interest of bonds issued by reason of nonpayment of assessments when due. In anticipation of
delinquent assessments there may be added to each separate assessment appearing on the assessment
roll a sum not less than three percent nor greater than ten percent of the assessment.
(Ord. 425, 1976)
5,20.075. - Penalty.
Penalty for late payment of assessments shall be set in the resolution conFrming the special
assessment district.
(Ord. 425, 1976; Ord. 94-31)
5.20.080. -Assessment of all benefiting property.
The council may assess for an improvement any real property, or any interest in real property, and
the property specially benefited may include abutting, adjoining, adjacent, contiguous, noncontiguous 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.
(Ord. 425, 1976)
5.20.085. - Property owner.
The person whose name is listed on the latest tax roll as the owner of the property to be assessed is
presumed to be the legal owner of the property. If the property owner is unknown, the property may be
assessed in the name of the "unknown owner." No assessment is invalidated by a mistake, omission or
error in the name of the owner if the property is correctly described.
(Ord. 425, 1976)
5.20.090. - Assessments to be lien on property.
Such assessment shall be a lien upon the property assessed from the time the assessment is levied,
which lien shall be paramount and superior to any other lien heretofore or hereafter created whether by
mortgage or otherwise, except a lien for prior assessments and for general taxes. and shall be payable at
such time as city council may prescribe and may be enforced in the same manner provided for the
collection and enforcement of general taxes.
(Ord. 425, 1976)
5.20.092. - Delinquent assessment installments.
Upon the delinquency of an assessment installment there shall be due and payable in addition to the
delinquent installment a penalty on the delinquent installment determined in accordance with the
resolution confirming the assessment roll. Notice of the delinquency shall be mailed to the owner of
record. The notice shall describe the delinquency and state that the entire principal balance of the
assessment, plus accrued interest and penalty on the principal balance, shall be due and payable if the
delinquent installment, plus penalty and interest, is not paid within six months of the date of the
delinquency. A delinquency in the payment of an installment is cured by payment of the delinquent
installment, plus penalty and interest, within six months of the date of the delinquency. If a delinquent
installment, plus penalty and accrued interest, is not paid within six months of the date of the delinquency_
the entire principal balance of the assessment, plus accrued interest and penalty on the principal balance,
shall be due and payable.
(Ord. 95-12)
5.20.095. - Foreclosure of liens for unpaid assessments.
Liens for unpaid assessments shall be foreclosed and the property sold in the same manner as
provided for foreclosure of property for taxes.
(Ord. 425, 1976)
5.20.100. -Assessments to be binding.
The regularity or validity of assessments as provided herein may not in any manner be contested or
questioned by any proceeding whatsoever by any person not filing objections to such assessment roll
prior to the confirmation thereof.
(Ord. 425, 1976)
5.20.105. - Appeals.
The decision of council upon any objective may be reviewed by the state superior court in the
manner prescribed by law and city charter.
(Ord. 425, I976)
5.20.110. - Reassessments —Invalidation of original assessment.
Whenever an assessment provided for in this chapter is set aside, annulled or declared void, or its
enforcement refused by a court of the state or the United States, whether directly or by virtue of a
decision of a court, the council may, by ordinance or resolution, make a new assessment or
reassessment upon the lots, blocks or parcels of land benefited by the improvement. The reassessment
shall be based on the special and peculiar benefit of the improvement to the respective parcels of land
assessed at the time it was originally made.
(Ord. 425, 1976; Ord. 610, 1988)
5.20.115. - Reassessments —Valid notwithstanding irregularities.
The proceedings required by law to be taken before the making of an original assessment are not
required to be taken in connection with a reassessment under this chapter. The reassessment shall be
made and become a charge upon the property notwithstanding the omission, failure or neglect of an
officer, body or person to comply with the provisions of law relating to improvement and assessment, and
whether or not the proceedings of the council or a person connected with the work may have been
irregular or defective and whether or not an irregularity was jurisdictional.
(Ord. 425, 1976; Ord. 610, 1988)
5.20.120. - Improvements prior to enactment of chapter.
In the event that any improvements are in the planning or construction stages when this chapter is
enacted so that the requirements of this chapter cannot be fully followed, then the requirements of this
chapter shall be followed wherever possible in remaining proceedings. All previous actions are hereby
ratified and confirmed, declared to be in accord with city law, and are In furtherance of lawfully created
improvement districts. No previous action or omission shall affect the validity or legality of any
subsequently created improvement districts or assessments.
(Ord. 425, 1976; Ord. 610, 1988)
Chapter 8. - Special Assessments and Public Improvements.
8.1. - General power relative to special assessments and public improvements.
(a) The council shall have the power to make public improvements including local improvements
within the city and, to the extent permitted by law, outside the city. The council may determine
the necessity for any public improvement and may determine that the whole or any part of the
cost thereof, including the cost of plans, specifications, engineering, architectural and legal
expenses, and of the acquisition of property in connection therewith, shall be levied by special
assessment upon the property specially benefitted thereby. When more than one lot or parcel of
land is to be specially benefitted, the project shall be considered as a special assessment
district.
(b) All special assessments for local improvements against property benefitted shall be in
proportion to, and shall not exceed, the value of the benefit received on account of the local
improvement. The council shall establish the method of apportioning such benefits as to each
local improvement.
(c) If protests as to the necessity of a local improvement are made by the owners of property which
will bear fifty percent or more of the estimated cost of the improvements, the public
improvement shall not proceed until the objections have been reduced to less than fifty percent,
except when such improvements affect health, welfare and safety of any or all residents of the
City of Seward, and upon the approval of at least four members of the council.
8.2. - Detailed procedure to be fixed in the Code.
The procedure for local improvements may be commenced by the council either on its own initiative
or upon receipt of a petition in the manner provided in the Code. The council shall prescribe in the Code
the complete special assessment procedure for local improvements and for agreements for furnishing
capital improvements and the extension thereof in lieu of assessment. For local improvements, such
Code provision shall include and require the following:
(1) The procedure for filing petitions for local improvements;
(2) A survey and report by the city manager concerning the need for, desirable extent of, and
estimated cost of each proposed local improvement;
(3) A public hearing by the council on the necessity of the making of the local improvement;
(4) A resolution of the council determining to proceed or not to proceed with the proposed local
improvement;
(5) A public hearing by the council on the special assessment roll for the local improvement;
(6) Publication of notice of each hearing required by this section to be given in a newspaper
published within the city and by first class mail to persons whose names appear on the current
assessment roll as owners of real property within the special assessment district; and
(7) A resolution confirming the special assessment roll for the local improvement.
8.3. - Expenditures before funds for improvements are available.
No expenditures, other than for administrative, engineering and legal work for any local
improvement, the cost of which is to be borne by special assessments on the property benefitted, shall be
made unless the cash is on hand or bonds have been authorized to finance the cost thereof.
8.4. - Correction of invalid special assessments.
If any special assessments procedure of the council shall be irregular or invalid for any reason, the
council may correct the same at any time within ninety days after the confirmation of the special
assessment roll or after final determination of any litigation thereon, whether before or after the
completion of the local improvement to which the special assessment applies- If payments or special
assessments have been made under the irregular or invalid procedure, such payments shall be credited
to payments required under the corrected procedure, or in the alternate, the council may provide for the
payment of refunds by ordinance.
8.5. - Limitations on suits and actions.
No special assessment procedure shall be contested by any action at law or in equity unless
commenced within sixty days after the confirmation of the special assessment roll therefor. If no such
action be commenced, the procedure for such local improvement shall be conclusively presumed to have
been regular and complete.
8.6. - Lien for and collection of special assessments.
(a) The city shall have a first priority upon all real property against which special assessments are
assessed, and any such lien shall be of the same character, effect and duration and shall be
enforceable in the same manner as the lien for city assessments.
(b) The council shall provide in the Code procedure for the collection of special assessments and the
collection of charges, penalties and interest which shall be added for the delayed or delinquent
payment thereof.
(I0.'01."68, Resolution No, 717)
8,7- - Receipts from special assessments.
Accounts for special assessment rolls shall be created and maintained in accordance with generally
accepted governmental accounting principles. Moneys collected from special assessments shall be used
solely to pay the cost of the improvements to which they apply and to the principal of and interest on
indebtedness of the city.
(l 0 `04i94, Resolution No. 94-126)
8.8. - All real property liable for special assessments.
All real property, including such as is exempt from taxation by law, shall be liable for the cost of local
improvements assessed in accordance with this chapter, unless specifically exempted from special
assessments by law.
I
TITLE 16 - SUBDIVISIONS
Chapter 16.01. - General Provisions
16.01.010. - Definitions.
Lot A measured portion of a parcel or tract of land which is described and fixed on a plat for record.
Parcel. An unsubdivided plot of land.
Person. A natural person, firm, association, partnership, corporation, governmental unit or
combination of any of these entities.
Plat. A map or chart of a surveyed subdivision of land.
Resubdivision. The redelineation of an existing lot, block or tract of a previously recorded subdivision
involving the change of property lines and/or, after vacation, the altering of dedicated streets, easements
or public areas.
Street. A right-of-way which provides for vehicular and pedestrian access to abutting properties.
Subdivider, owner, proprietor or developer. A person, firm, association, partnership, corporation,
governmental unit or combination of any of these which may hold any legal or equitable ownership
interest in land being subdivided or which has been subdivided. The term shall also include all heirs,
assigns, successors in interest, representatives or personal representatives of the subdivider, owner,
proprietor or developer.
Subdivision. The division of a tract or parcel of land into two or more lots, sites or other divisions for
the purpose, whether immediate or future, of sale, lease or building development, including any
resubdivision and, when appropriate to the context, the process of subdividing of the land subdivided.
Undeveloped lot. A lot on which no permanent dwelling unit or commercial structure is presently
located and for which no building permit for the construction of a permanent dwelling unit or commercial
structure has been requested as of October 1, 1977.
(Ord. 443, 1977)
16.01.015. - Conditions to plat approval.
(a) No preliminary or final plat for the subdivision or resubdivision of land located within the city limits
shall be approved by the city unless all of the required improvements set forth in section 16.05.010
are provided for by the subdivider, owner, proprietor or developer in the manner described in section
16.05.015.
(b) No preliminary plat of city -owned property may be submitted to the Kenai Peninsula Borough
planning commission for approval without the prior consent of the city council.
(c) Public posting. The applicant shall post the property subject to the application with public notices as
provided by the city at least ten days before the date of the required public hearing. Such notices
shall be placed so as to be visible from each improved street adjacent to the property. The applicant
is responsible for removing the posted notices within five days after the hearing is completed. Failure
to properly post notices is grounds for deferral or denial of the application. No one except the
applicant, an agent of the applicant, or the city shall remove or tamper with any such required posted
notice during the period it is required to be maintained under this paragraph.
(d) Proof of posting. Before the public hearing, the applicant shall submit to the city an affidavit signed
by the person who posted the notice or caused the posting to be done that the notice was posted as
required by this section.
10
(e) Notification of neighboring property owners. A notice of preliminary plat review shall be mailed not
less than ten days prior to the meeting review date to the owners of record on the Kenai Peninsula
Borough assessor records of real property within 300 feet of the periphery of the parcel affected by
the proposed plat.
(f) A plat submitted to create a single parcel through the vacation of interior lot lines shall be exempt
from subsection (c), public posting, (d), proof of posting and (e), notification of neighboring property
owners.
(Ord. 443, 1977; Ord. 580, 1986; Ord. 610, 1988; Ord. 97-01; Ord. 98-06)
16.01.020. - Conveyances restricted in present subdivisions.
Except as provided in section 16.05.030, no owner of record as of October 1, 1977, of undeveloped
lots located within an area covered by a valid plat recorded prior to November 28, 1977, shall convey any
such lots to any other person unless he first provides for such lots the public improvements required by
section 16.05.010 in the manner described in section 16.05.015.
(Ord. 443, 1977; Ord, 610, 1988)
16.01.025. - Building permits restricted.
No building permit shall be issued for construction of a dwelling unit on an undeveloped lot located
within an area covered by a valid plat recorded prior to November 28, 1977, until the owner thereof has
provided for such lots the public improvements required by section 16.05.010 in the manner described in
section 16.05.016.
(Ord. 443, 1977; Ord. 610, 1988)
16.01.030. - Exceptions.
The restrictions set forth in sections 16.01.020 and 16.01.025 are modified as follows:
(1) Where the subdivider, owner, proprietor or developer owns not more than six undeveloped lots
located within an area covered by a valid plat recorded prior to the effective date of this title, the
restrictions of sections 16.01.020 and 16.01.025 shall not apply.
(2) Where the subdivider, owner, proprietor or developer of the undeveloped lots conveys all of his
lots to a single person in a bulk sale, the restrictions of sections 16.01.020 and 16.01.025 shall
not apply to such conveyances; however, all such restrictions shall apply to the transferee of
such lots.
(3) Where the subdivider, owner, proprietor or developer of such undeveloped lots serves upon the
city manager written notice of his intent to convey or construct, and the city manager certifies
that the city cannot provide access to a particular public improvement required by section
16.05.010 within six months after receipt of notice of such intent, the subdivider, owner,
proprietor or developer shall not be required to provide that particular improvement prior to the
lawful conveyance of such lot or prior to the issuance of a building permit for the construction of
a dwelling unit on such lot.
(Ord, 443, 1977; Ord. 610, 1988)
Chapter 16.05. - improvementsm
11
Footnotes:
— (1) —
See Sec 14.15.535 as to electric service extensions to subdivisions,
16.05.010. - Required public improvements.
The term "required public improvements" shall mean the following-.
(1) Streets. All streets located within a subdivision subject to the requirements of this title shall be
not less than 50 feet in width and shall be gravel -surfaced according to city specifications.
(2) Telephone and electric lines. All new telephone and electric lines shall be installed
underground, unless found to be impractical by the city planning and zoning commission and
affirmed by the city council, and in accordance with specifications of the appropriate utility
companies and the city.
(3) Water system. Where the city water system will service the area covered by the plat or
proposed plat, the subdivider shall provide the water system in accordance with the
specifications established by the city planning and zoning commission and affirmed by the city
council. Fire hydrants shall be provided to standards established by the American Waterworks
Association and shall be a brand specified by the city. The subdivider shall not be required to
drill individual wells.
(4) Sewer system. Where the city sewer system will service the area covered by the plat or
proposed plat, the subdivider shall provide the sewer system in compliance with all applicable
state and federal health and environmental laws and regulations.
(5) Street lighting. Street lighting shall be installed in accordance with the requirements of the city.
(Ord. 443, 1977; Ord. 610, 1988)
16.05.015. - Compliance procedure.
(a) The subdivider, owner, proprietor or developer is deemed to have satisfied the requirements of this
title when he has entered into the subdivision agreement with the city. The subdivision agreement
shall be written to cover one or a combination of the following alternatives available to the subdivider:
(1) The subdivider may elect to complete all required public improvements prior to approval and
recording of the final plat or prior to sale or issuance of a building permit, as the case may be. If
this is done, the subdivision agreement, delineating the construction and inspection
requirements for each improvement, shall be entered into prior to commencement of
construction.
(2) The subdivider may elect to complete required improvements after approval and recording of
the final plat, the conveyance or the issuance of the building permit. In this event, the
subdivision agreement shall delineate:
a. The construction and inspection requirements of the appropriate governmental agency or
city department concerning the required improvements;
b. The time schedule for completion of required improvements;
c. A method of insuring that such improvements shall be completed to the specifications
required and in the time schedule agreed upon.
12
(3) The subdivider may elect to form a special assessment district prior to any sales, obligating all
property owners in the subdivision to assume the costs of all required public improvements not
previously installed.
(b) The improvements required under the terms of the subdivision agreement shall be fully completed
within three years of the date of execution of the agreement, except if a special assessment district
has been formed, in which case improvements will be installed when a sufficient demand is made of
the city.
(c) The subdivision agreement shall provide for the apportionment of the costs of required public
improvements between the city and the subdivider as provided in the special assessment district or
as follows;
(1) Administrative and recording costs relating to public improvements guarantees. The subdivider
shall pay one hundred percent of all costs incurred in supplying and administering any method
of public improvement guarantees provided for in subsection (d) of this section;
(2) Inspection. surveillance and testing. The subdivider shall pay 100 percent of all costs relating to
any inspection, surveillance and testing by the city necessary for final acceptance of any
required public improvement. Costs of inspection, surveillance and testing shall be established
io advance between the developer and the city upon the developer's request;
(3) Streets. The subdivider shall pay 100 percent of the cost of streets within the boundaries of the
subdivision;
(4) Water improvements. The subdivider shall pay 100 percent of the cost of all water facilities
constructed within the subdivision;
(5) Sewer system. The subdivider shall pay 100 percent of the sanitary sewer system installed
within the subdivision;
(6) Electric and telephone. The subdivider shall pay 100 percent of the cost of installing electric
lines with cost participation as provided in the current approved tariffs of the telephone company
serving the subdivision;
(7) Street lighting. The subdivider shall pay 100 percent of the cost of street lighting apparatus-
(d) To assure the installation of required public improvements which are not accepted at the time the
final plat is filed, the subdivision agreement shall require the subdivider to guarantee the completion
of all such improvements by one or more of the methods specified below. The means of a guarantee
may be changed during the guarantee period through a written modification of the agreement. The
amount of guarantee shall be determined on the basis of the subdivider's cost estimate_ The
guarantee shall remain in effect until final acceptance of the required public improvements. The
engineer's cost estimate shall state the estimated cost of completion for each required public
improvement. Cost estimates for each required public improvement must be approved by the city
manager. For purposes of establishing the amount necessary for the guarantee of completion of
public improvements, a percentage for overrun allowance shall be added to the total estimated cost
of public improvements as follows:
Total Estimated Cost of Improvements Percentage of Overrun Allowance
$0.00 to $500,000.00 20%
$500,001.00 to $1,000,000.00 15%
$1,000,001.00 and over
10%
13
(e) The subdivision agreement shall include one or more of the following methods to guarantee the
construction of required public improvements:
(1) Performance bond. The subdivider may elect to provide a surety bond from a company
authorized to do business in the state. The bond shall be in an amount equal to the estimated
cost of all required public improvements plus an overrun allowance as provided above. The
bond shall be payable to the city in the event that any required public improvements are not
finally accepted in accordance with the provisions of this subdivision agreement and shall be
posted by no person other than the subdivider.
(2) Deposit in escrow. The subdivider may elect to deposit a cash sum equal to the estimated cost
of all required public improvements, plus overrun allowances as provided above, either with the
city or in escrow with a responsible financial institution authorized to do business in the state. In
case of an escrow account, the subdivider shall file with the city an escrow agreement which
includes the following terms:
a. Funds of the escrow account shall be held in trust until released by the city and may not be
used or pledged by the subdivider as security in any matter during that time other than
payment for the improvements. The funds may be used for payment of improvements as
made, except that the escrow holder shall withhold from disbursement so much of the
funds as is estimated to be necessary to complete the construction and installation of such
improvements, plus an overrun allowance as provided above.
b. In the case of a failure on the part of the subdivider to complete any improvement within
the required time period, the institution shall immediately make all funds in the account
available to the city for use in the completion of those improvements.
(3) Letter of credit. The subdivider may elect to provide from a bank or other responsible financial
institution authorized to do such business in Alaska, an irrevocable letter of credit. Such letter
shall be filed with the city and shall certify the following:
a. That the creditor irrevocably guarantees funds in an amount equal to the estimated cost of
all required public improvements plus overrun allowances as provided above for the
completion of all such improvements;
b. That in case of failure on the part of the subdivider to complete any specified improvements
within the required time period, the creditor shall pay to the city immediately, and without
further action, such funds as are necessary to finance the completion of those
improvements up to the limit of credit stated in the letter.
(4) Special assessment district. The subdivider may elect to pay all required assessments levied
against the property for the installation of public improvements. The city shall make every
reasonable effort to obtain all grant moneys available for financing of the public improvements.
(Ord. 443, 1977; Ord. 610, 1988)
14
CITY OF SEWARD
P.Q. BOX 167
SEWARD, ALASKA 99664
SUBDIVISION AGREEMENT
THE CITY OF SEWARD ( hereinafter the "City"), an Alaska home rule city, and
(hereinafter the "Developer"), enter into the following Agreement this day of , 20I8.
, executes this Agreement on behalf of the Developer as secretary for the
corporation. It is understood that the Developer is an Alaska corporation, and that the person who
executed the Agreement on behalf of the Developer does so in the capacity of an officer and warrants that
he has authority to execute this Agreement on behalf of the Developer, The parties to this Agreement
shall accept notices at the following addresses and telephone numbers:
OWNER/DEVELOPER
CITY
City Manager
City of Seward
P.O. 167: 4I0 Adams Streets
Seward, Alaska 99664
WHEREAS, Title 16, Subdivision, of the Seward City Code specifies certain improvements that must be
provided by the owner prior to conveying undeveloped lots to any other person; and
WHEREAS, such lots must be provided with streets, telephone and electric lines, water systems, sewer
systems and street lighting, and
WHEREAS, no building permit may be issued for construction of a dwelling unit on an undeveloped Iot
until the owner thereof has provided the required improvements for such lots and
NOW THEREFORE, in consideration of mutual provisions and covenants contained herein the parties
agree as follows
The real property which is the subject of this Agreement (hereinafter the "Property") is located in the City
of Seward and is described as:
Lot according to Plat No , recorded on in the
records of the Seward Recording District, Third Judicial District, State of Alaska.
The Developer seeks the City's agreement to enter into a Contract to construct and install the
improvements described in Article IV of this Agreement in accordance with all the terms, covenants and
conditions of this Agreement, described in Articles I through IV.
1
Blank Siihdivieinn Aorppmpnt Paap 7 of 1 A
The Developer shall construct and install the following improvements in accordance with the standards
described herein:
Streets $
Walkways $
Drainage $
Sanitary sewer $
Traffic control devices $
Telephone $
Electrical
$
Monumentation $
Street lighting
$
Water
$
Street
$
Other: Cable $
The Developer estimates the total cost of the improvements to be: Less than
ARTICLE I
GENERAL PROVISIONS
1.01 APPLICATION OF ARTICLE
Unless this Agreement expressly provides otherwise, all provisions of this article apply to every
part of this Agreement.
1.02 PERMITS, LAWS, AND TAXES
The Developer shall acquire and maintain in good standing all permits, licenses, platting
approvals and other entitlements necessary to its performance under this Agreement. All actions taken by
the Developer under this Agreement shall comply with all applicable permits, licenses, statutes,
ordinances, rules, and regulations. The Developer shall pay all taxes pertaining to its performance under
this Agreement.
1.03 RELATIONSHIP OF PARTIES
Neither by entering into this Agreement, nor by doing any act hereunder, may the Developer, the
Developer's Engineer, or any contractor or subcontractor of the Developer, be deemed an agent,
employee, or partner of the City, or otherwise associated with the City other than, in the case of
Developer, as an independent contractor. The Developer and its contractors and subcontractors shall not
represent themselves to be agents, employees, or partners of the City, or otherwise associated with the
City other than, in the case of the Developer, as an independent contractor. The Developer shall notify all
its contractors and subcontractors of the provisions of this section.
1.04 DEVELOPER'S RESPONSIBILITY
The Developer shall be solely responsible for the faithful performance of all terms, covenants,
and conditions of this Agreement, notwithstanding the DeveIoper's delegation to another of the actual
performance of any term, covenant, or conditions hereof.
1.05 ALLOCATION OF LIABILITY
The Developer shall defend, indemnify and hold the City harmless from any claim, action, or
16
Rlnnl� Cnkiii�ririnr� Anrnnrnnnb Dnnn 7 -F90
demand arising from any act or omission related to this Agreement in whole or in part of the Developer,
its agents, employees, or contractors. The liability assumed by the Developer pursuant to this section
includes, but is not limited to claims for labor and materials furnished for the construction of the
improvements.
1.06 DISCLAIMER OF WARRANT
Notwithstanding this Agreement or any action taken by any person hereunder, neither the City
nor any City Officer, agent, or employee warrants or represents the fitness, suitability, or merchantability
of a property, plan, design, material, workmanship, or structure for any purpose.
1.07 NON-DISCRIMINATION
A_ In performing its obligations under this Agreement, the Developer shall not discriminate
against any person on the basis of race, creed, color, national origin, sex, marital status, or age.
B. In selling property or improvements in the subdivision, the Developer shall not
discriminate against any person on the basis of race, creed, color, national origin, sex, marital status, or
age.
1.08 COST OF DOCUMENTS
All plans, reports, drawings, or other documents that this Agreement requires the Developer to
provide the City shall be furnished at the Developer's expense.
1.09 PUBLIC UTILITIES
A. Any public utility service contemplated by this Agreement need be provided only to areas
where the service is allowed by the Regulatory Commission of Alaska and applicable law. All utility
service shall conform to the rules, regulations, and tariffs of the Regulatory Commission of Alaska and
the City of Seward to the extent they may apply.
B. If the Regulatory Commission ofAtaska disallows any utility service by the City of any
utility following execution of this Agreement, the provisions of the disallowed service shall be deleted
from the requirements under this Agreement without affecting any other part hereof. The disallowance
shall not be grounds for any claim, action, or demand against the City.
1.10 TIME IS OF THE ESSENCE
Unless otherwise expressly provided herein, time is of the essence of each and every term,
covenant, and condition of this Agreement.
1.11 ASSIGNMENTS
A. Except insofar as subsection B of this section specifically permits assignments, any
assignment by the Developer of its interest in any part of this Agreement or any delegation of duties under
this Agreement shall be void, and any attempt by the Developer to assign any part of its interest or
delegate any duty under this Agreement shall constitute a default entitling the City to invoke any remedy
available to it under Section 1.13. Permitted assignment shall not release the Developer from any
Blank Subdivision Agreement 17 Page 3 of 18
obligation or liability under this Agreement.
B. The Developer may assign its interest or delegate its duties under this Agreement:
To contractors and subcontractors, subject to Section 1.05; or
2. As expressly permitted in writing by the City.
1.12 DEFAULT- CITY'S REMEDIES
A. The City may declare the Developer to be in default:
1. If the Developer is adjudged a bankrupt, makes a general assignment for the benefit of
creditors, suffers a receiver to be appointed on account of insolvency, takes advantage of any Law for the
benefit of insolvent debtors; or
2. If the Developer has failed to perform its obligations under this Agreement, provided the
City gives the Developer notice of the failure to perform and the Developer fails to correct the failure
within thirty (30) days of receiving the notice; or if the failure requires more than thirty (30) days to cure,
the Developer fails within thirty (30) days of receiving the notice to commence and proceed with
diligence to cure the failure.
B. Upon a declaration of default, the City may do any one or more of the following:
1. Terminate the Agreement without liability for any obligation maturing subsequent to the date of
the termination.
2. Perform any act required of the Developer under this Agreement, including constructing all or
any part of the improvements after giving seven (7) days notice in writing to the Developer. The
Developer shall be liable to the City for any costs thus incurred. The City may deduct any costs incurred
from any payments then or thereafter due the Developer from the City whether under this Agreement or
otherwise.
3. Exercise its rights under any provision of this Agreement, or any bond or performance or
warranty guaranty securing the Developer's obligations under this Agreement.
4. Pursue any appropriate judicial remedy, including but not limited to an action for injunction and
civil penalties.
The failure of the City at any time to enforce a provision of this Agreement shall in no way
constitute a waiver of the provision, nor in any way affect the validity of this Agreement or any part
hereof, or the right of the City thereafter to enforce each and every provision hereof.
1.14 INTERPRETATION
A. Each document incorporated by reference herein is an essential part of this Agreement,
and any requirement, duty, or obligation stated in one document is as binding as if stated in all. All
documents shall be construed to operate in a complementary manner and to operate in a complementary
manner and to provide for a complete project.
R� �nt� C��t�rii�rioinn Anrnmm�nt 18 .-.9
B. If the terms of any of the documents and amendments thereto comprising this Agreement
conflict, the conflict shall be resolved by giving the conflicting documents anti amendments thereto the
following order of preference:
I . Documents or suctions titled "Special Provisions."
2. Article II of this Agreement titled "Construction of Improvements," and Article III of this
Agreement titled "Acceptance of Improvements."
3. Article I of this Agreement titled "General Provisions."
4. Documents incorporated under Article IV of this Agreement_
5. Article IV of this Agreement titled "Improvement Requirements."
6. Any other document incorporated by reference herein.
1.15 EFFECT OF STANDARD SPECIFICATIONS
Platting, subdivision and land use ordinances, and the Kenai Peninsula Borough Road Standards are
incorporated by reference herein as minimum standards for performance under this Agreement, except
where this Agreement specifically provides otherwise.
1.16 AMENDMENT
The parties may amend this Agreement only by written agreement, which shall be attached as an
appendix hereto.
1.17 JURISDICTION -CHOICE OF LAW
Any civil action arising from this Agreement shall be brought in the Superior Court for the Third
Judicial District of the State of Alaska at Anchorage. The law of the State of Alaska and the City of
Seward shall govern the rights and duties of The parties under this Agreement.
1.18 SEVERABILFI Y
Any provision of this Agreement that may be declared invalid or otherwise unenforceable by a
court of competent jurisdiction shall be ineffective to the extent of such invalidity without invalidating the
remaining provisions of the Agreement.
1.24 INTEGRATION
This instrument, and any writings incorporated by reference herein, embody the entire agreement
of the parties. This Agreement shall supersede all previous communications, representations, or
agreements, whether oral or written, between the parties hereto.
1.21 DEFINITIONS
Unless this Agreement expressly provides otherwise, the following definitions shall apply herein.
Blank Subdivision Aizreement 19 Nee 5 of 18
A. "Improvements" means all work which the Developer is required to perform by this
Agreement.
B. "City Improvements" means improvements which are to be dedicated to the City, or
which are to be operated and controlled by a City owned utility.
C. "City," for the purpose of administering this Agreement, means the City Manager for the
City of Seward, or his designee.
D. "Acceptance" by the City means a determination that an improvement meets minimum
standards and does not refer to accepting a dedication of the improvement by the Developer.
ARTICLE II
IMPROVEMENT CONSTRUCTION STANDARDS AND PROCEDURES
2.01 RECORDING OF FINAL PLAT
Developer shall be solely responsible for all platting of the property in compliance with
ordinances of the Kenai Peninsula Borough and the City of Seward.
2.02 PREREQUISITES TO CONSTRUCTION
The Developer shall not obtain permits for the construction of improvements or commence the
construction of improvements until the requirements of Sections 2.02 through 2.07 have been met.
]2.03 PLANS AND SPECIFICATIONS
A. Attached as Exhibit XX are all of Developer's plans and specifications pertaining to the construction of
the improvements, including stamped engineer drawings, submitted for the City's approval.
B. If the City or a governmental entity or agency requires soil tests, or other tests pertaining to the design of
improvements, the Developer shall submit reports of the test results with the plans and specifications.
C. The City shall approve the plans and specifications as submitted, or indicate to the Developer how it may
modify them to secure approval.
2.04 QUALITY CONTROL PROGRAM
A. The Developer shall submit to the City, in such form as the City may specify, a quality
control program for the construction of the improvements.
B. The quality control program shall provide sufficient inspection and test procedures to
determine compliance with all applicable plans, specifications, and safety requirements. The program
shall include at least the following:
The frequency and type of all tests to be performed.
Blank Suhrlivicinn AurPQmPnt 20 Piap A of 1 R
2. A list of all persons who will perform tests and inspections.
3. Procedures for coordinating testing and inspections with the City and for providing
advance notice to the City of all inspections and tests which the City shall witness.
4. Procedures for reporting quality control activities, including discoveries oCdeficiencies in
the work.
2.05 WORK SCHEDULE
A. Attached as Exhibit C is a work schedule submitted by the Developer.
B. The work schedule shall include a progress chart of a suitable scale, indicating the
approximate percentage of work scheduled for completion at any given time. For each improvement, the
schedule shall indicate starting and completion dates for the following. -
Clearing, grubbing, and removal of overburden.
2. Excavation, installation, backfill, and compaction for each utility to be installed by the
Developer.
3. Excavation, backfill, and compaction for street facilities other than paving.
2.06 MATERIALS
A. The Developer shall submit, in such form as the City may specify, detailed information
concerning all materials and equipment it proposes to incorporate into an improvement.
B. Upon the City's request, the Developer shall submit samples of materials or equipment it
proposes to incorporate into an improvement.
2.07 LIABILITY INSURANCE
The Developer shall provide proof that it has acquired the insurance required by the City of
Seward in the form prescribed or, if the Developer has engaged a prime contractor has acquired such
insurance, naming the Developer as an insured. [Broker to provide details.]
2.08 GENERAL STANDARD OF WORKMANSHIP
A. The Developer shall construct all improvements in accordance with plans, specifications,
and contracts approved by the City, and with the terms, covenants, and conditions of this Agreement. The
Developer shall not incorporate any material or equipment into an improvement unless the City has
approved its use. Unless the City specifically agrees otherwise in writing, all materials, supplies, and
equipment incorporated into an improvement shall be new.
B. If the course of construction conditions appear in the exercise of reasonable engineering
judgment to require a modification of, or substitution for, approved materials, equipment, plans,
specifications, or contracts to meet a higher standard of performance, the Developer shall make the
modifications or substitution. All such substitution shall be approved by the City.
Blank Subdivision Agreement 1 Page 7 of 18
C. The Developer shall construct all facilities in the subdivision not otherwise subject to this
Agreement in accordance with applicable statutes, ordinances, and specifications.
2.09 PLACEMENT OF UTILITIES
The Developer shall place all utilities underground, except where this requirement is specifically
waived under Article IV of this Agreement.
2.10 WORK IN RIGHT-OF-WAY
The Developer shall comply with all ordinances and secure all necessary permits and
authorizations pertaining to work in public rights -of -way. The Developer shall coordinate and supervise
the installation and construction of all utility improvements, including those not otherwise covered by this
Agreement, in a manner that will prevent delays in City construction or other damage to the City and that
will permit the City to properly schedule work that it will perform.
2.11 SURVEYOR
All surveys required for the completion of improvements under this Agreement shall be made by
a person registered as a professional land surveyor under the Laws of the State of Alaska.
2.12 REQUIRED REPORTING
A. Quality Control
The Developer shall submit to the City regularly and promptly written reports describing the
results of all tests and inspections required by the quality control program and all other tests and
inspections which the Developer may make.
B. Construction Progress
If actual progress indicates that the developer will not perform the work as scheduled, the
Developer shall prepare and submit a revised schedule for the City's approval.
C. Surveys
The Developer shall furnish promptly to the City copies of all surveys required for the
completion of the improvements.
D. Express or implied approval by the City of any report or inspection shall not authorize
any deviation from approved plans and specifications or from the terms of this Agreement.
2.13 PROGRESS PAYMENTS
The Developer shall pay its contractors all contract progress payments when due.
2.14 SURVEILLANCE
A. The City may monitor the progress of the work and the Developer's compliance with this
Agreement and performs any inspection or test which it deems necessary to determine whether the work
22
conforms to this Agreement.
B. If the Developer fails to notify the City of inspections, tests, and construction progress as
required by Section 2.17, the City may require, at the Developer's expense, retesting, exposure of
previous stages of construction, or any other steps which the City deems necessary to determine whether
the work conforms to this Agreement.
C. Any monitoring, tests, or inspections that the City orders or performs pursuant to this
section are solely for the benefit of the City. The City does not undertake to test or inspect the work for
the benefit of the Developer or any other person.
2.15 STOP WORK ORDERS
A. If the City determines there is a substantial likelihood that the Developer will fail to
comply, or if the Developer does fail to comply with this Agreement, the City may stop all further
construction of improvements by posting a stop work order at the site of the nonconforming construction
and notifying the Developer or its engineer of the order.
B. A stop work order shall remain in effect until the City approves:
1. Arrangements made by the Developer to remedy the nonconformity; and
2. Assurances by the Developer that future nonconformitie . will not occur.
C. The issuance of a stop work order under this section is solely for the benefit of the City.
The City does not undertake to supervise the work for the benef it of the Developer or any other person.
No suspension of work under this section shall be grounds for any action or claim against the City or for
an extension of time to perform the work.
D. The Developer shall include in all contracts for work to be performed, or materials to be
used under this Agreement, the following provision:
The City of Seward, pursuant to a Subdivision Agreement on file with the City Clerk and incorporated by
reference herein, has the authority to inspect all work or materials under this contract and to stop work in
the event that the work performed under this Agreement fails to comply with any provision of the
Subdivision Agreement. In the event that a stop work order is issued by the City, the contractor shall
immediately cease all work and await further instructions from the Developer.
2.16 ACCESS
The City shall have access to all parts of the subdivision necessary or convenient for monitoring
the Developer's performance, inspecting, surveying, testing, or performing any other work.
2.17 MAINTENANCE
A. Until the City accepts the improvements, the Developer shall maintain all existing roads
within the subdivision that are necessary for access. For the purposes of this subsection, existing roads
are roads that physically exist, as distinguished from mere rights -of -ways dedicated for road purposes.
B. The Developer shall repair or pay the cost of repairing damage to any improvement that
2
Blank Subdivision Agreement PaLyP 9 of 1 R
occurs prior to the City's acceptance of the improvements, except for damage caused solely by the City,
its agents, employees, or contractors. The Developer shall give reasonable notice to the City before
undertaking the repair of the damaged improvement.
2.18 OPERATION OF IMPROVEMENTS PRIOR TO ACCEPTANCE
A. Before the City accepts the improvements, the City may enter upon, inspect, control, and
operate any improvement if the City determines that such action is necessary to protect the public's health,
safety, and welfare.
B. The action described in subsection A of this section shall not constitute the acceptance of
any improvement by the City, not shall the action affect in any way the Developer's warranty under this
Agreement.
2.19 TIME
A. All improvements required by this Agreement shall be completed in accordance with the
schedule contained in Section 2.05 and Exhibit C of this Agreement.
B. The Developer shall begin actual construction of improvements required under this
Agreement in accordance with the Developer's work schedule as approved by the City and complete
within 3 years.
C. If the Developer is delayed by an act or omission of the City is not otherwise authorized
under this Agreement, or by changes ordered in the work labor disputes, fire, delays in transportation,
casualties, or other causes beyond the Developer's control, or by any cause which the City in its discretion
determines to be adequate to justify the delay, the time of completion of construction under this
Agreement may be extended for a reasonable time, which shall be determined by the City. No extension
shall be granted unless the Developer gives notice in writing to the City within ten (10) days after the
occurrence of the cause for delay. In the case of a continuing delay, only one notice is required.
ARTICLE III
ACCEPTANCE OF IMPROVEMENTS
3.01 PREREQUISITES TO ACCEPTANCE
The City shall not accept the improvements until all the requirements of Sections 3.02 through
3.05 have been met.
3.02 MONUMENTS AND AS-BUILTS DRAWINGS
A. Upon completing the improvements, the Developer shall replace lost lot corners and
monuments and shall monument the center lines of all required paved streets with monuments of at least
one -foot rebar and alcap at points of curvature, ends of curvature, intersections, and centers of cu-de-sacs
in accordance with this Agreement and the terms of the City of Seward and Kenai Peninsula Borough
code of ordinances and any standards established thereunder, which are incorporated herein by reference.
B. No later than sixty (60) days after the final inspection and certification under Section 3.05
F, the Developer shall provide the City with one acceptable set of reproducible as -built drawings for each
24
improvement. The as -built drawings shall be certified by a professional engineer registered under the
laws of the State of Alaska to represent accurately the improvements as actually constructed_
3_03 CERTIFICATE OF COMPLIANCE
The Developer shall furnish the City with a certificate of compliance for the work performed
under this Agreement.
3.04 CONVEYANCE OF EASEMENTS AND RIGHTS -OF -WAY TO CITY
The Developer shall convey to the City any easement, right-of-way, or other property interest
necessary to allow access to the City improvements to operate, maintain, or repair the City improvements.
The Developer may condition the conveyance upon the City's acceptance of the improvements.
3.05 INSPECTION
A. Upon receiving notice that the Developer has completed the improvements, the City shall
schedule inspections of the improvements. The City may inspect all improvements and any other work in
dedicated easements or rights -of -way.
B. A privately owned utility may inspect any phase of work on an improvement of which it
is to assume control.
C. The City or appropriate privately owned utility shall inform the Developer in writing of
any deficiencies in the work found in the course of its inspection.
D. The Developer shall, at its own expense, correct all deficiencies found by inspections
under subsection A or B of this section. Upon receiving notice that the deficiencies have been corrected,
the City or appropriate privately owned utility shall reinspect the improvements,
E. The City or appropriate privately owned utility may continue to reinspect an
improvement until the Developer has corrected all deficiencies in the improvement.
F. After final inspection has revealed that all improvements and other work in dedicated
casements and rights -of -way meet City standards, and each privately owned utility which is to assume
control of an improvement certifies that improvement or improvements are acceptable to il, and the
Developer has furnished the as -built drawings required by Section 3.02 B, the City shall notify the
Developer that all improvements have been accepted.
3.06 CONSEQUENCES OF ACCEPTANCE OF IMPROVEMENTS
A. The City's final acceptance of the City improvements constitutes a grant to the City of all
the Developer's right, title, and interest in and to the City improvements.
B. By accepting the City improvements under this Agreement, the City does not undertake
to maintain any such improvement, unless obligated to do so by applicable statute, ordinance, regulation,
or tariff.
3.07 DEVELOPER'S WARRANTY
Blank Subdivision Agreement 25 Page 11 of 18
A. The Developer shall warrant the design, construction materials, and workmanship of the
improvements against any failure or defect in design, construction, material, or workmanship which is
discovered no more than one year from the date the City notifies the Developer of the acceptance of the
improvements. This warranty shall cover all direct and indirect costs of repair or replacement, and
damage to the property, improvements, or facilities of the City or any other person, caused by such failure
or defect or in the course of repairs thereof, and any increase in cost to the City of operating and
maintaining a City improvement resulting from such failures, defects, or damages.
B. The Developer's warranty shall not extend to any failure or defect caused solely by
changes in design, construction, or materials required by the City.
C. Except as provided in subsection B of this section, the fact that the City takes any action,
or omits to take any action authorized in this Agreement, including but not limited to operation or routine
maintenance of the improvements prior to acceptance, or surveillance, inspections, review or approval of
plans, tests, or reports, shall in no way limit the scope of the Developer's warranty.
3.08 CITY'S REMEDIES UNDER WARRANTY
A. The City shall notify the Developer in writing upon its discovery of any failure or defect
covered by the warranty in Section 3.07. The City shall notify the Developer before conducting any test
or inspections to determine the cause of the failure or defect, and shall notify the Developer of the results
of all such tests and inspections.
B. The Developer shall correct any failure or defect covered by the warranty within thirty
(30) days of receiving notice of the failure or defect from the City. The Developer shall correct the failure
or defect at its own expense and to the satisfaction of the City.
C. If the Developer fails to correct the failure or defects within the time allowed by
subsection B of this section, the City may correct the failure or defect at the Developer's expense. If the
Developer fails to pay the City for the corrective work within thirty (30) days of receiving the City's bill
therefor, the City many pursue any remedy provided by law or this Agreement to recover the cost of the
corrective work.
3.09 COMPLETION OF PERFORMANCE: RELEASE OF WARRANTY
A. The City shall inspect the improvements at or before the end of the warranty period an
before releasing any performance guaranty or warranty guaranty in effect. The Developer shall correct
any failure or defect in the work revealed by the inspection as required by Section 3.09.
B. On the Developer's satisfactory performance of all its obligations under this Agreement,
the City shall execute a written statement acknowledging such performance and shall release any
remaining security posted by the Developer under this Agreement.
Blank Subdivision ARrPPmPnt 26 PaaP 9 *> nF 1 R
ARTICLE IV
IMPROVEMENT REQUIREMENTS
4.01 IMPROVEMENTS REQUIRED
A. It is the intent of the City and Developer to provide for the orderly development of the
property and to protect the investment of subsequent owners of the lots.
B. Developer will pay 100% of all cost incurred for Administration, recording, inspection,
surveillance and testing required or necessary to complete the City improvements.
4.02 STREET, ALLEYWAY, MONUMENTATION, WATERWAY, TRAFFIC CONTROL,
STREET LIGHTING, STREET NAME SIGNING AND DRAINAGE IMPROVEMENTS
A. All improvements to the property shall be provided and constructed in accordance with
the approved plat and the Kenai Peninsula Borough subdivision and other standards.
B. The City shall reimburse the Developer for its share, if any, for construction of
improvements only after receipt from the Developer of invoices for such work and further in accordance
with the provisions of Article III of this Agreement.
C. The streets for which the Developer is not entitled to any reimbursement are estimated to
cost $�^ and include an additional 5' to the existing right of way on 3 of the 4 edges of the current
lot.
D. The Developer is not entitled to reimbursement for the cost of any walkways. The
estimated cost of walkways is $ , Walkways include:
E. If an erosion and/or sediment control plan is required the Developer will not be entitled to
any reimbursement for such facilities.
F, Drainage and waterway improvements shall be provided as necessary to the
improvements within the subdivision, as well as to accommodate lateral and upstream contribution, as
well as subsurface flows which are exposed during construction. There will be no reimbursement to the
Developer for the cost of drainage and waterway improvements. The estimated cost of drainage and
waterway improvements is S
H. Traffic control devices, excluding electronically timed signals, shall be installed as
directed and/or approved by the City Engineer. The cost of these improvements is not reimbursable and
is estimated to be $ . Traffic control devices include: NIA.
1. Street lighting will be installed according to standards of the Seward Electric utility and
as approved by the City Engineer, The cost of street lighting is not reimbursable and is estimated to be
$
J. Monumentation shall be provided as shown on the approved Plat Subdivision.
The cost is not reimbursable and is estimated to be $
K. Street name signs shall be provided at each intersection and equal the standards
Blank Subdivision Agreement 27 Page 13 of 18
established in the City of Seward. The cost of these improvements is not reimbursable and is estimated to
be $
4.03 SANITARY SEWER IMPROVEMENTS
A. Sewer system improvements shall be designed and provided according to City of Seward
Standards and Specifications, in compliance with applicable codes, and as approved by the City Engineer
to service all Iots within the subdivision. The outfall(s) of the system will be as directed by the City
Engineer. There will be no reimbursement for any sewer system improvements, except as noted below.
B. The non -reimbursable cost of sanitary sewer improvement is estimated to be $0.00.
4.04 WATER SYSTEM REQUIREMENTS
A. A water system shall be provided. Such system shall be designed according to City of
Seward Standards and Specifications, in compliance with applicable codes and as approved by the City
Engineer and Alaska Department of Environmental Conservation. Water service will be provided to all
lots in the subdivision. Hydrant spacing and minimum flow shall be according to the Seward Fire Code
in effect on the date of construction. The cost of improvements necessary to serve the subdivision shall
be borne by the Developer and the Developer is not entitled to any reimbursement, except as noted below.
B. The cost of improvements required to serve the subdivision for which the subdivider is
not entitled reimbursement is estimated to be $
4.05 ELECTRICAL FACILITIES
A. Electrical improvements shall be provided in accordance with an agreement with the
City, incorporated by reference herein. The total cost of the electrical system serving the subdivision is
estimated to be $
B. In accordance with SCC § 16.05.015(A)(3), the Developer may elect to form a special
assessment district for electrical facilities prior to any sales, obligating all property owners in the
subdivision to assume the costs of required electrical facilities not previously installed.
C. The City and Developer agree to record a Subdivision Agreement Memorandum in the
Seward Recording District within 10 days of the effective date of this Agreement with a notice that the
Agreement is available for public inspection at the offices of the City Cleric. The Owner and Developer
agree to include the following Notice in all agreements for sale of lots:
The issuance of a Certificate of Occupancy by the City of Seward for any of the following lots is subject
to the completion of public improvements to such lot in accordance with the Subdivision Agreement
including any amendments, the City Code, regulations, and other applicable law. The lots may be subject
to special assessments for certain improvements. Access to the lots is through a floodplain where
significant flood events have occurred in the recent past. The lots include:
Lots and , High Point Subdivision according to Plat No. ,
recorded in the records of the Seward Recording District, Third Judicial District, State of Alaska.
28
R1-3n1r CnhrUiY3cinn ❑rrrnamanf D.,.,., 1 A -4710
4.06 TELEPHONE FACILITIES
A. Telephone improvements shall be provided in accordance with an agreement with
Telalaska or GCI, incorporated by reference herein. The total cost of the t0ephone system serving the
subdivision is a nonreimbursable cost estimated to be $
4.07 CABLE TV FACILITIES
A. Cable TV improvements shall be provided in agreement with a CTV Company, if such
company is operational and has been issued a Certificate of Public Convenience and
Necessity by the RCA. The cost of providing CTV is non -reimbursable.
IN WITNESS WHEREOF, the parties hereto have set their hands on the date first set forth above.
CITY OF SEWARD, ALASKA
BY:
Scott Meszaros, City Manager
ATTEST:
BY
Blank Subdivision Agreement 29 Page 15 of 18
EXHIBIT A
Plans & Specifications (including stamped engineer drawings)
Blank Subdivision Agreement 30 Paap 16 nF 1 A
EXHIBIT B
Plans and Specifications
(detailed information including materials and equipment)
Blank Subdivision Agreement 1 Page 17 of 18
EXHIBIT C
Work Schedule
Blank Suhdivision AerepmPnt 32 PaaP I R of 1 R
Sponsored by: Tones
CITY OF SEWARD ALASKA
RESOLUTION NO.23-051
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, DETERMINING TO PROCEED WITH THE
SPECIAL IMPROVEMENT DISTRICT CALLED THE
DAIRY HILL SEWER ASSESSMENT DISTRICT
WHEREAS, a_ public hearing has been held pursuant to $ 5.20.025 of the Seward
City Code to receive public comment on the proposed special improvement district called
the Dairy Hill Sewer Assessment District; and
WHEREAS, after a full review by the City Council of all the facts and opinions
presented, it is hereby found and determined that the proposed special improvement
district is necessary and will benefit the property assessed;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that.
Section 1. The special improvement district called the Dairy Hill Sewer
Assessment District to cover an area described as
All of ASLS 72-35, the southernmost 90 feet of First Avenue bordering Block 1,
Bayview Addition, Lots 1 and 2, Block 1, Bayview Addition; the vacated street
situated between Blocks 1 and 2, Cliff Addition; all of Blocks 1, 2, 3, 4, 5, 6, 9 and
10, Cliff Addition; Lots 4, 5, 6 and 7, Block 11, Cliff Addition, Lots 2A and 3A,
Block 12, Cliff Addition, Tract A, Cliff Addition Replat No. 2, and Lots 3, 4, 5, 6
and 7, Block 13, Laubner Addition
shall proceed subject to receipt of grant funds to cover up to 50 percent of the cost of the
project.
Section 2. BE IT FURTHER RESOLVED that the City Manager is hereby
authorized and directed to proceed with design and construction of the proposed
improvement subject to obtaining suitable financing.
Section 3. BE IT FURTHER RESOLVED that the City Manager is hereby
authorized and directed to keep account of all of the costs of the improvement including
acquisition of interests in land for the improvement including design, engineering,
administration, overhead, professional services, guarantee fund, bond or loan costs and
i interest incurred as a result of the improvement, and all other costs resulting from the
construction of the improvement.
33
CITY OF SEWARD, ALASKA
RESOLUTION NO.93-051
Section 4. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this
26th day of April, 1993.
THE CITY OF SEWARD, ALASKA
Q, �'& - QAO-v.SZ,
Dave W. Crane, Mayor
AYES: Bencardino, Crane, Darling, Krasnansky, Sieminski, Swartz & White
NOES: None
AHSENT: None
ABSTAIN: None
0 ATTEST: APPROVED AS TO FORM:
Wohlforth, Argetsinger, Johnson &
Brecht, Attorneys for the city of Seward,
Alaska
't-'4 �� t 44,
da S. hy, CIACJE City Attorney
City Cler
(City Seal)
•
34
Sponsored by: Tones
CITY OF SEWARD, ALASKA
RESOLUTION NO.94-039
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, CORRECTING PROPERTY DESCRIPTIONS
ASSOCIATED WITH GATEWAY SUBDIVISION OFFSITE IMPROVEMENT
DISTRICTS ESTABLISHED BY RESOLUTIONS NO.86-22-S,
NO. 86-23-S, NO. 86-24S, AND NO. 86-25-S
WHEREAS, the city created four offsite assessment districts for paving, sanitary
sewer, sanitary sewer trunk and watermain improvements associated with the Gateway
Subdivision; and
WHEREAS, city of Seward Resolution No. 86-22-S confirmed the special
assessment roll of the special improvement district described as Paving District 86-1; and
WHEREAS, city of Seward Resolution No. 86-23-S confirmed the special
assessment roll of the special improvement district described as Sanitary Sewer District
86-2; and
WHEREAS, city of Seward Resolution No. S confirmed the special
assessment roll of the special improvement district described as Sanitary Sewer Trunk
District 86-3; and
WHEREAS, city of Seward Rgsolution No. 86-25-S confirmed the special
assessment roll of the special improvement district described as Offsite Watermain
Extension District 86-4; and
WHEREAS, these resolutions incorrectly refer to Lots 15A and/or 15B, Jesse Lee
Heights Subdivision Addition No. 3; and
WHEREAS, Jesse Lee Heights Subdivision Addition No. 3, recorded February 13,
1985, as Plat 85-3 in the Seward Recording District includes Lots 1-15, but does not
include Lots 15A or 15B; and
WHEREAS, Jesse Lee Heights Subdivision Addition No. 4, approved by the Kenai
Peninsula Borough in January 1986, but not recorded and made a legal document until
June 26,1989, as Plat 89-18, created Lots IA,15A and 15B from Lots 1-3 and 15, Jesse Lee
Heights Subdivision Addition No. 3; and
WHEREAS, it is assumed that the assessment maps designated Lots 15A (westerly
side) and 15B (easterly side) based on a preliminary plat of Jesse Lee Heights Subdivision
35
•
•
CITY OF SEWARD, ALASKA
RESOLUTION NO. 94-039
Addition No. 4 which, when finally signed and recorded, reversed the locations of Lots
15A (easterly side) and 15B (westerly side); and
WHEREAS, recorded city of Seward Ordinances No. 558, N�55 2, No. 560, and
No. 561 levying assessments for the improvement districts, were based on the above
referenced resolutions and incorrectly reflect assessments owed against Lots 15A and 15B,
Jesse Lee Heights Subdivision Addition No. 3, necessitating a correction of the record;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASICA, that:
Section 1. Resolution No. 9-3-22-S confirming the special assessment roll of the
special improvement district described as Paving District 86-1, is hereby amended by
changing "115A Addn #3 Jesse Lee Heights Subd" to "the westerly most 78,093 square
feet of Lot 15, Jesse Lee Heights Subdivision Addition No. 3."
SeGtion 2. Resolution No. confirming the special assessment roll of the
special improvement district described as Sanitary Sewer District 86-2, is hereby amended
by changing "115A Addn #3 Jesse Lee Heights Subd" to "the westerly most 78.093 square
feet of Lot 15, Jesse Lee Heights Subdivision Addition No. 3."
Section 3. Resolution confirming the special assessment roll of the
special improvement district described as Sanitary Sewer Trunk District 86-3, is hereby
amended by changing "L15A Addn #3 Jesse Lee Heights Subd" to "the westerly most
78,093 square feet of Lot 15, Jesse Lee Heights Subdivision Addition No. 3" and by
changing "115B Addn #3 Jesse Lee Heights Subd" to "the easterly most 41,835 square feet
of Lot 15, Jesse Lee Heights Subdivision Addition No. 3."
Section 4. Resolution No. 86-25-5, confirming the special assessment roll of the
special improvement district described as Offsite Watermain Extension District 86-4, is
hereby amended by changing "115A Addn #3 Jesse Lee Heights Subd" to "the westerly
most 78,093 square feet of Lot 15, Jesse Lee Heights Subdivision Addition No. 3" and by
changing "115B Addn #3 Jesse Lee Heights Subd N. 150" to "the northeasterly most
23,700 square feet of Lot 15, Jesse Lee Heights Subdivision Addition No. 3."
Section S. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this
29th day of March, 1994.
36
CITY OF SEWARD, ALASKA
RESOLUTION NO. 94-039
•
THE CITY OF SEWARD, ALASKA
L"e, 0 - Q1- —
Dave W. Crane, Mayor
AYES: Anderson, Bencardino, Crane, Darling, Krasnansky, O'Brien & Sieminski
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED AS TO FORM:
city
(City Seal)
•
Wohlforth, Argetsinger, Johnson &
Brecht, Attorneys for the city of Seward,
Alaska
City Attorney
37
Sponsored by: Lonm
Introduction Date: March 14,1994
Public Hearing Date: March 29,1994
CITY OF SEWARD, ALASKA
ORDINANCE NO.94-19
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, CORRECTING PROPERTY DESCRIPTIONS
ASSOCIATED WITH GATEWAY SUBDIVISION OFFSITE IMPROVEMENT
DISTRICTS ESTABLISHED BY ORDINANCE NO. 558,559,560 AND 561
WHEREAS, the city created four special offsite assessment districts for paving,
sanitary sewer, sanitary sewer trunk and watermain improvements associated with the
Gateway Subdivision; and
WHEREAS, Ordinance No. 558, levying the assessment for the special improve-
ment district described as Paving District 86-1, was enacted April 14, 1986, and was
recorded in Book 44, Page 661, Seward Recording District; and
WHEREAS, Ordinance No. 559, levying the assessment for the special improve-
ment district described as Sanitary Sewer District 86-2, was enacted April 28, 1986, and
was recorded in Book 47, Page 475, Seward Recording District; and
WHEREAS, Ordinance No. 560, levying the assessment for the special improve-
ment district described as Sanitary Sewer Trunk District 86-3, was enacted April 28,1986,
and was recorded in Book 44, Page 655, Seward Recording District, and
WHEREAS, Ordinance No. 561, levying the assessment for the special improve-
ment district described as Offsite Watermain Extension District 86-4, was enacted April
14, 1986, and was recorded in Book 44, Page 652, Seward Recording District; and
WHEREAS, these four ordinances incorrectly refer to Lots 15A and/or 15B, Jesse
Lea Heights Subdivision Addition No. 3; and
WHEREAS, Jesse Lee Heights Subdivision Addition No. 3, recorded February 13,
1985, as Plat 85-3 in the Seward Recording District includes Lots 1-15, but does not
included Lots 15A or 15B; and
WHEREAS, Jesse Lee Heights Subdivision Addition No. 4, approved by the Kenai
Peninsula Borough in January 1986, -but not recorded and made a legal document until
June 26,1989, as Plat 89-18, created Lots 1A,15A and 15B, from Lots 1-3 and Lot 15, Jesse
40 Lee Heights Subdivision Addition No. 3; and
CITY OF SEWARD, ALASKA
ORDINANCE NO. 94-19
WHEREAS it is assumed
e that the assessment maps designated Lots 15A (westerly
side) and 15B (easterly side) based on a preliminary plat of Jesse Lee Heights Subdivision
Addition No. 4 which, when finally signed and recorded, has reversed the locations of
Lots 15A (easterly side) and 15B (westerly side); and
WHEREAS, since Ordinance No. 558. No. 5S9, No. 560. and No. 561 have been
recorded and made part of the title company files, future possible legal proceedings due
to significant assessments owed on the properties identified as Lots 15A and 15B, Jesse
Lee Heights Subdivision No. 3, necessitates that the ordinances and assessment roles
reflect the correct property descriptions;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA HEREBY ORDAINS that:
Section 1. Ordinance, No. 558, levying assessments for Paving District 86-1, is
hereby amended by changing "L15A Addn #3 Jesse Lee Heights Subd" to "the westerly
rt3Ast 78i,R93 square feet of Lot 15, Jesse Lee Heights. SubdhAsian Addition Ne. 3."
Section 2. Ordinance No. 559, levying assessments for Sanitary Sewer District 86-2,
4D is hereby amended by changing "115A Addn #3 Jesse Lee Heights Subd" to "the westerly
most 78,093 square feet of Lot 15, Jesse Lee Heights Subdivision Addition No. 3."
Section 3. Ordinance No. 560, levying assessments for Sanitary Sewer Trunk
District 86-3, is hereby amended by changing "LISA Addn #3 Jesse Lee Heights Subd''
to "the westerly most 78,093 square feet of Lt 15, Jesse Lee Heights Subdivision Addition
No. 3" and by changing "11513 Addn #3 Jesse Lee Heights Sub&" to "the easterly most
41,835 square feet of Lot 15, Jesse Lee Heights Subdivision Addition No. 3.
•
Section No. 4 Ordinance No. 561, levying assessments for Offsite Watermain
Extension District 86-4, is hereby amended by changing '115A Addn #3 Jesse Lee Heights
Subd" to "the westerly most 78,M square feet of Lot 15, Jesse Lee Heights Subdivision
Addition No. 3" and by changing "11513 Addn #3 Jesse Lee Heights Subd N.15" to "the
northeasterly most 23,700 square feet of Lot 15, Jesse Lee Heights Subdivision Addition
No. 3.
Section S. This ordinance shall take effect ten (10) days following its enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this
29th day of March, 1994.
-2-
W
CITY OF SEWARD, ALASKA
ORDINANCE NO. 94-19
•
THE CITY OF SEWARD, ALASKA
LTV`
--&t?.te 0"��
Dave W. Crane
Mayor
AYES: Anderson, Bencardino. Crimp, Darfin& Krasnansky, O'Brien! .& Siemin!dd
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
nda S. Murphy, C C/
City Clerk
(City Seal)
•
S2
APPROVED AS TO FORM:
Wohlforth, Argetsinger, Johnson &
Brecht, Attorneys for the city of Seward,
Alaska
Lim f�
City Attorney
11
Sponsored by: Janke
CITY OF SEWARD, ALASKA
RESOLUTION NO.99-082
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, DETER HNING TO PROCEED WITH THE SPECIAL IM-
PROVEMENT DISTRICT CALLED THE FOREST ACRES ASSESSMENT
DISTRICT
WHEREAS, a public hearing has been held pursuant to § 5.20.025 ofthe Seward City Code
to .deceive .public commeld PA 1hr, pm,Pv4.vmiaJ impapveme::± -", trpt caned the Fares+ Acres
Improvement District; and
WHEREAS, after a full review by the City Council of all the facts and opinions presented,
it is hereby found and determined that the proposed special improvement district is necessary and
will benefit the property assessed;
NOW, THEREFORE, BE IT RESOLVED BY i I Crl r COUNCIL OF TIRE CITY
OF SEWARD, ALASKA, that:
Section 1. The special improvement district called the Forest Acres Improvement District
to cover the area described as
Lots BO, BR, BS, BW, BX, BYAND BZ Forest Acres Subdivision
shal i proceed.
Section Z. The City Manager is authorized and directed to proceed with design and
construction of the proposed improvement.
Section 3. The City Manager is authorized and directed to keep account of all of the costs
of the improvem pA ilaeiuding tiesilm engineer. = ulmh&tratiQr:, QvCrhC4 prsaxssio..al se_*vices,
guarantee fund, bond or loan costs and interest incurred as a result of the improvement, and all other
costs resulting from the construction of the improvement.
Section 4. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 26 day
of 3uiy, tom.
S.
41
CITY OF SEWARD, ALASKA
RESOLUTION NO.99-082
THE CITY OF SEWARD, ALASKA
0
Lowell R. Satin, Mayor
AYES:
Blatchford, Callahan, Gage, King, Orr, Shafer
NOES:
None
ABSENT:
Satin
ABSTAIN:
None
ATTEST.
Patrick Reilly
City Clerk %1b*jS061811p*
(City i )
+� -Moo"
SEAL •
++ram
y.�� 7F
OF h!%'
42
Sponsored by: Janke
CITY OF SEWARD, ALASKA
RESOLUTION 2000-037
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, CONFIRMING THE SPECIAL ASSESSMENT ROLL OF THE
FOREST ACRES IMPROVEMENT DISTRICT, PROVIDING FOR THE
LEVY, PAYMENT SCHEDULE AND PENALTIES OF THE SPECIAL
ASSESSMENT DISTRICT AND APPROPRIATING FUNDS
WHEREAS, after a public hearing, the City Council of the City of Seward, Alaska did
authorize the construction of improvements described as the Forest Acres Improvement District,
and
WHEREAS, a special assessment has been proposed which will apportion the cost of the
improvement among the properties to be benefitted by it; and
WHEREAS, after cortdzamig a pub ice heEd,ng, t<a City Council hae fou-rod that the
method of assessment proposed by the city administration and attached hereto is a fair method of
apportioning the costs of the improvement, and
WHEREAS, the improvements for the Forest Acres improvement District was completed
for a total cost of $158,445 which was $788 over the budget of $157,657.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, that. -
Section 1 _ The Special Assessment Roll, a copy of which is attached and incorporated
herein by reference, for the Special Improvement District described as the Forest Acres
Improvement District is hereby approved and confirmed.
Section 2. Assessments are hereby levied against the properties set forth in the Special
Assessment Roll in the amounts set opposite each property in such roll.
Section 3. Installment payment of the assessment against each property is hereby declared
acceptable with the payments being made pursuant to the following schedule:
AnnuW Pa=mtDA ]ulv 1
Rate of Interest: Deferred or installment payments of special
assessments shall bear interest at an annualized rate
of the lesser of (1) the prime rate published in the
43
CITY OF SEWARD, ALASKA
RESOLUTION 2000-037
Anchorage Daily News Business section under
Money Rates for the date the resolution confirming
the special assessment roll is adopted plus 2% or (2)
15 percent.
10
12%
Section 4. Additional funding in the amount of $788.42 be appropriated to the Forest
Acres Improvement District (FAID) Capital Project Fund of which $537.84 be appropriated from
the Electric EntesTise Fund -retsina : as .gs, , rs. S2 t -&000.30 7 5 to the FAM CApM
Project Fund, account no. 667-6673-5XXX; $89.70 be appropriated from the General Fund fund
balance, account no. 10 1 -0000-3 075 to the FAID Capital Project Fund, account no. 667-6670-
5XXX; $80.42 for the water improvements be appropriated from the Water/Sewer Enterprise
Fund retained earnings, account no. 701-0000-3075 to the FAID Capital Project Fund, account
no. 667-6671-5XXX; and $80.46 for the sewer improvements be appropriated from the
Water/Sewer Enterprise Fund retained earnings, account no. 701-0000-3075 to the FAID Capital
Project Fund, account no. 667-6672-5XXX; to close out the project as of December 31, 1999.
Section 5. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 1 Oth
day of April, 2000.
THE CITY OF SEWARD, ALASKA
i-c, /I( -,,Li ,
Edgar Blatchford, Mayor
AYES: Rk$tchfus , !y, CglhpQTL QUk, Kin& Orr, Shafer
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
`SEALS
lb
» _....
' F 1 i4••' .�` b
a._ OR A:d•
6m
Sponsored by: Corbridge
CITY OF SEWARD, ALASKA
RESOLUTION 2005-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA DETERMINING IT TO BE IN THE PUBLIC INTEREST AND
NECESSARY TO PROCEED WITH THE PROPOSED IMPROVEMENT
DISTRICT FOR AND BENEFITING LOTS CA, CB, CS, CT, CU, CV, CW,
CX, CY, AND CZ OF FOREST ACRES SUBDIVISION AS SHOW ON PLAT
78-6 AND LOTS 1 THROUGH 14 OF AFOGNAK ACRES SUBDIVISION NO.
1 FOR AN AMOUNT NOT TO EXCEED ONE HUNDRED ELEVEN
THOUSAND NINE HUNDRED SEVENTY-THREE DOLLARS AND THIRTY
TWO CENTS (5111,973.32) AND APPROPRIATING FUNDS
WHEREAS, on January 10, 2005 the City Clerk's office received a petition from Steve
Schafer, Secretary of Afognak Construction and Excavation, Inc.; and
WHEREAS, the Electric Department has reviewed the petition request and provided cost
estimates to provide electrical service to the area with a couple of changes to -the petitioners' request;
and
6 WHEREAS, the total estimated costs for the special improvement district would be
approximately One Hundred Eleven Thousand Nine Hundred Seventy -Three Dollars and Thirty Two
Cents ($111,973.32) and this costs would be divided among 24 lots as recommended by the
Electrical Department for an estimated cost per lot of Four Thousand Six Hundred Sixty -Five
Dollars and Fifty -Six Cents ( $4,665.56); and
WHEREAS, after completion ofthe project, the actual costs will be calculated to determine
the final assessment; and
WHEREAS, administration is requesting authorization to expend up to One Hundred Eleven
Thousand Nine Hundred Seventy-three Dollars and Thirty Two Cents ($111,973.32) for the
electrical improvements in case of unforeseen expenditures, however only the actual costs will be
assessed and the Electric Enterprise Fund has the available funding for the project; and
WHEREAS, a public hearing was held on September 12, 2005 concerning the establishment
of lots CA, CB, CS, CT, CU, CV, CW, CX, CY and CZ of Forest Acres Subdivision as shown on
Plat 78-6 and Lots 1 through 14 of Afognak Acres Subdivision No. 1.
NOW TlPIFRFF(1RF RF TT 12VRnT.VFTI RV TPF rTTV rnTTNrTT 01FTAF f TTV
ER
CITY OF SEWARD, ALASKA
RESOLUTION 2005-78 ,
Section 1. The special improvement district Electrical Improvement District will include the
area as follows:
Lots CA, CA CS, CT, CU. CV, CW, CX, CYa'nd CZ of Forest Acres Subdivision as shown on
Plat 78-6 and hots 1 through 14 ofAfognak Acres Subdivision No. 1.
Section 2. Auer full review by the City Council of all the facts and opinions presented, it is
hereby found and determined that the proposed special improvement district is in the public interest
necessary and will benefit the property to be assessed.
Section 3. The City Manager is hereby authorized and directed to proceed with the design
and construction of the special improvement district.
Section 4. The City Manager is hereby authorized and directed to keep account of all of the
costs and the improvement including acquisition of interests in land for the improvement including
design, engineering, administration, overhead, professional services, guarantee fund, bond or loan
costs and interest incurred as a result of the improvement, and all other costs resulting; from the
construction of the improvement.
Section 5. Funds in the amount of One Hundred Eleven Thousand Nine Hundred Seventy- I
three Dollars and Thirty Two Cents (S111,973.32) are hereby appropriating to finance this Electrical Mj
Improvement District from the Electrical Fund retained earnings account no. 501-0-3070-503 to the
Electric Assessment District Fund no. 503-5030-5925.
Section 6. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 12a'
day of September, 2005.
THE CITY OF SEWAR.D, ALASKA
jL IA .
Vanta Shafer, May r
AYES: Branson, Dunham, Valdatta, Clark, Lorenz, Shafer
NOFS• Ambers
W
6m
CITY OF SEWARD, ALASKA
RESOLUTION 2005-78
ATTEST:
JeajLewis, Ck4C -3
CigClerk {i{itll�lirq��
(City Sea]) *��+` ,:OF ssiv
ci
SEAL Mu
r j Y
,e OF
47
COUNCIL AGENDA STATEMENT
Meeting Date: September 12, 2005
From: Kirsten Vesel, Assistant City Manager
Through: Clark Corbridge, City Manager
Agenda Item: lots CA, CB, CS, CT, CU, CV, CW, CX, CY
and CZ of Forest Acres Subdivision as shown on Plat 78-6 and Lots
1 through 14 of Afognak Acres Subdivision No. 1 Electrical
Improvement District.
BACKGROUND & JUSTIFICATION:
On January 10, 2005 the City Clerk's office received a petition to form an assessment/
improvement district from Steve Schafer the Secretary of Afognak Construction and
Excavation Inc_ for the Afognak Acres No. 1 Subdivision and lots CS, CT, CU, CV, CW,
CX, CY and CZ of Forest Acres. The petition included 22 properties all of which were
owned by Steve Schafer at the time the petition was received with the exception of lot CV.
The Electric Department has reviewed the petition request and provided cost estimates to
provide electrical service to the area with modifications to the petitioners' request. The
Electrical Department recommended adding 2 adjacent lots in order to extend the existing
infrastructure and service the Afognak Acres No.1 Subdivision. Based on the existing
design of the infrastructure, the most desirable routing pathway and the most cost efficient
extension the electrical department recommends including 2 additional lots to the electrical
assessment described as: lots CA, CB of Forest Acres Subdivision as shown on Plat 78-6.
Based on the Electrical Department's recommended improvement district for the electrical
service extension, the estimated cost is One Hundred One Thousand Nine Hundred
Seventy-three Dollars and Thirty Two Cents (8101,973.32). In addition there would be a
ten percent administration fee or Nine Thousand Two Hundred Seventy Dollars and Thirty
Cents ($9,270.00) to cover the costs of administrating the improvement district
assessments. City Code Section 5.20.035 states that "the costs of an improvement shall be
"the actual costs of the improvement, design, engineering, administration, overhead,
professional services, guarantee fund, bond costs and interest incurred as a result of the
improvement and all other costs resulting from the construction of the improvement."
After completion of the project, the actual costs will be calculated to determine the final
assessment. The Electrical Department is also recommending that the costs be allocated by
lot. After the project has been completed, the final assessment will be determined, the
interest rate and payment term will be set by Council following a public hearing to set the
assessment roll. It is also important to note the timing of this improvement district is
such that the electrical service extension 3bably not be e m l t d until after flus
winter _seas vn. 48
Financial Anal,: Based on the above, the total estimated costs for the special
improvement district would be approximately One Hundred One Thousand Nine Hundred
Seventy-three Dollars and Thirty Two Cents ($101,973.32). This cost would be divided
equally among 24 lots as recommended by the Electrical Department for an estimated cost
per lot of Four Thousand Two Hundred Forty Eight Dollars and Eighty -Nine Cents
($4,248.89). Administration is requesting authorization to expend up to One Hundred
One Thousand Nine Hundred Seventy-three Dollars and Thirty Two Cents (8101,973.32)
for the electrical improvements; however only the actual costs will be assessed. The
improvement district does add value to each lot that could eventually be recovered if the lot
is sold.
CONSISTENCY CHECKLIST:
1. Comprehensive Plan
2. Strategic Plan
3. Other
4. Not applicable
FISCAL NOTE:
Yes No
X
X
Funding for the electrical service extension would be from the Electric Enterprise Fund
which has available funding for the project. This resolution authorizes appropriations in
the amount of One Hundred One Thousand Nine Hundred Seventy-three Dollars and
Thirty Two Cents ($101,973.32) from the Electrical Fund retained earnings account no.
501-0-3070-503 to the Electric Assessment District Fund no. 503-5030-5925•
Approved by Finance Department
RECOMMENDATION:
City Council approves Resolution 2005 determining it to be in the public
interest to proceed with the Special Improvement District called the lots CA, CB, CS, CT,
CU, CV, CW, CX, CY and CZ of Forest Acres Subdivision as shown on Plat 78-6 and Lots i
through 14 of Afognak Acres Subdivision No. 1 Electrical Improvement District and
authorizing an amount not to exceed One Hundred One Thousand Nine Hundred Seventy-
three Dollars and Thirty Two Cents ($101,973.32) and appropriating funds.
W•