HomeMy WebLinkAbout05152018 Planning & Zoning Work Session Packet Seward Planning and Zoning Commission
May 15, 2018
Subdivision Development Work Session #2
Contents
Seward City Code
1. Charter: Chapter 8...................... . .. . . ..... ..... . ......................1
2. Chapter 5.20 Improvement Districts....... . ..... ..... ....... ... ...........3
Homer City Code
1. Public utility connection requirements................ .... .. . .. ... ... .....9
2. Water & Sewer Extension Cost Reimbursement Plan.. ... .............11
3. Assessment Fund........................................ ....... ... ..........14
City of Soldotna
1. Assessment District Brochure.............................. ...............16
2. Resolution on Matching Funds............................ . .. ... ... .......18
City of Seward legislative history: Forest Acres grant. ......... ..........20
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
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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.
(10/01/68, 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.
(10/04/94, 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.
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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)
5.20.015. - Initiation.
(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 filed 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.
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(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 state 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.
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(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, 1976; 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.
5f 23 � e�
(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 confirming 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
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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, 1976)
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
7/23 }C, "t
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)
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Homer, Alaska Corte
14.04.020 Connection ® Required.
a. No person shall erect any dwelling or commercial or industrial building, except as such may be specifically
exempted under the City Code, without providing sewage facilities and connection to the City sewer system;
provided, that such connection need not be made if the proposed alternative sanitary facility shall have been
approved by the Alaska Department of Environmental Conservation as providing adequate disposal of wastes
and continues to function as approved.
b. No person shall occupy and no person shall own, maintain or control any structure or premises used as a
home, apartment, or other living quarters unless the structure is connected to the City sewer; nor shall any
person occupy, maintain or control any structure or premises used for any commercial, industrial or business
use unless the structure is connected to sewer; provided, however, that the provision of this subsection shall
not apply if the existing sanitary facilities shall have been approved by the Alaska Department of Environmental
Conservation as providing adequate disposal of wastes and continues to function as approved.
c. All septic systems now in use or hereafter constructed within the City shall meet the specifications of the
Alaska Department of Environmental Conservation.
d. Notwithstanding subsections (a) and (b) of this section, watertight vaults are allowed if City sewer is not
available, under the following conditions:
1. Soil conditions prohibit the installation of an on-site drainfield.
2.The vault holds minimum design quantities required by DEC.
3. The tank is regularly pumped to prevent overflow.
e. The City sewer is considered as not available to a structure when the nearest City sewer is located more
than 200 feet from any point on the boundary of the lot or parcel of land on which the structure is located.
Sewer connection will be required within one year of sewer becoming available.
f. Cesspools and privies shall not be considered adequate sanitary facilities, [Ord. § 19, 2013;
Ord. 1994; Ord. 1990].
9123 } 2.�"
14.08.030 Water connections and extensions.
a. Water connections to the City water mains shall be installed only by a City-approved contractor and then
only upon payment of fees as prescribed by the City.
b. No person shall install a water extension or connection without first obtaining a written permit from the City.
c. All work and materials must meet the standards and specifications as described in HCC Title >, and the
State of Alaska Department of Labor Occupational Safety and Health Standards.
d. The customer requesting a new water connection or water extension shall provide all materials, labor and
equipment for the excavation, connection and installation of the water line.[Ord. ..'.:' ...+„ 19901.
14.08.040 Private water systems- Connection permits- Fees.
a. No person shall construct any private water main which will be served directly or indirectly by the City water
distribution system without first obtaining a written permit form the City under and outlining conditions
prescribed by the City. The fee for such permits shall be as prescribed by the City.
b. No person shall install any water connection to any private water main which will be served directly or
indirectly by the City water distribution system without first obtaining a written permit from the City under and
outlining conditions prescribed by the City. The fee for such permit shall be as prescribed by the City.
c. No person shall install any water extension from a water connection of any private water main which will be
served directly or indirectly by the City water distribution system without first obtaining a written permit from the
City under and outlining conditions prescribed the City. The fee for such permit shall be as prescribed by the
City. [Ord. 1990].
10/23 4c)Yy)C"Y/-
Chapter 14.30 WATER AND SEWER EXTENSION COST REIMBURSEMENT PLAN
Sections:
14.AuOlc Purpose.
14.30.02C Definitions.
14 30.030 Reimbursement agreement request.
14.30.040 Term of agreement.
14.30.050 Collection of pro rats cost.
14.30.06C) Payment plan.
14.30.070 Determination of pro rata cost.
14.30.080 Developer reimbursement.
t 4.30 090 Disposition of revenue.
14.30.010 Purpose.
It is the intent of this chapter to provide a method to reimburse a developer for the cost of extending a water or
sewer line to his property past other benefiting properties. [Ord. §4, 1985].
14.30.020 Definitions.
In this chapter, unless otherwise provided, or the context otherwise requires,the following words and phrases
shall have the meaning set forth below:
"Arterial pipeline"means those pipelines in the distribution system that are equal to or greater than 10 inches in
diameter and convey water from transmission line to points throughout the City.
"Benefiting property" means area or zone which will directly benefit by a specific water or sewer line extension.
"Collector line" means sewer lines which serve the central commercial and residential areas and connect to a
trunk line.
11/23 0M e f-
"Cost of extension" means the developer's actual direct cost of constructing a water or sewer line extension,
including a total of 15 percent of the actual direct cost for the developer's overhead and profit.
"Developer" means a property owner who is developing his property.
"Distribution pipeline" means lines normally six or eight inches in diameter which primarily serve individual
properties.
"Trunk line" means sewer lines which convey flows to the sewage treatment plant.
"Water or sewer line"means a water arterial or distribution pipeline and sewer trunk or collector line. [Ord.
§4, 1985].
14.30.030 Reimbursement agreement request.
a. The developer may request in writing a reimbursement agreement if the water and/or sewer system
extension benefits property other than his own, and the developer cannot include other property owners in the
request.
b. The developer's request for a reimbursement agreement shall include the following:
1. An affidavit or other written evidence that the other benefiting property owners do not wish to be
included in the development; and
2. An itemized report, with supporting documentation, of the actual direct cost of the extension including
a total of 15 percent of the actual direct cost of the extension for the developer's overhead and profit.
c. The developer shall make his request for a reimbursement agreement prior to acceptance of the utility
extension by the City. [Ord. §4, 1985].
14.30.040 Term of agreement.
The reimbursement agreement shall be valid from date of acceptance of the utility extension by the City.
[Ord. §4, 19851.
14.30.050 Collection of pro rata cost.
The City shall collect from the other benefiting property owners their pro rata share of the utility extension cost
plus interest of five percent per year, but not to exceed current tax assessed value of property, and a 15
12/23 4(3mew
percent administrative fee at the time the property owner wishes to connect into the utility system. [Ord.
§ 4, 1985],
14.30.060 Payment plan.
A payment plan with annual installments may be utilized to pay for future connection costs by property owners.
The term of payment plan shall be determined prior to the connection to the utility and subject to City Council
approval. [Ord. ._:; ;§4, 1985].
14.30.070 Determination of pro rata cost.
The reimbursement agreement shall stipulate the pro rata unit cost of the utility extension. The pro rata
distribution of cost shall be determined in accordance with HCC i Zone connection fee. [Ord.
1999; Ord. § 4, 1985].
14.30.080 Developer reimbursement.
The City shall reimburse to the developer the funds collected as a lump sum or as an annual payment, less the
15 percent administrative fee, from the other benefiting property owners connecting to the utility system within
90 days of the actual collection date. [Ord. § 4, 1985],
14.30.090 Disposition of revenue.
Revenues collected as result of the future connections (i.e., the 15 percent administrative fee and interest) shall
be deposited in the City treasury and utilized to finance future water and sewer system extensions. [Ord.
§ 4, 1985].
13123 m el-r
Chapter 17.16
ASSESSMENT FUN®
Sections:
17,16.010 Purpose.
17.16 020 Assessment fund--Authorized uses.
17 16.030 Extension procedure.
17.16.040 Minimum balance.
17.16.050 Credit for expenditures by property owner.
Prior legislation: Ords. 71-12 and 72-2.
17.16.010 Purpose.
Is is the intent of Council that this chapter shall be applicable only to"in lieu of assessment" hook-ups. [Code
1967§ 13A-500.5].
17.16.020 Assessment fund — Authorized uses..
The City Council is authorized to expend monies from the assessment fund for the purpose of extending the
municipal water system. [Code 1967 § 13A-500.1].
17.16.030 Extension procedure.
The City, upon Council approval, shall pay the entire cost of material for extending water service to an
individual property owner or owners, installing a minimum of six-inch water main and the necessary hydrants
and tees, etc.The owner shall be responsible for the payment of all labor and installation costs for such
extension. [Code 1967§ 13A-500.2].
17.16.040 Minimum balance.
14123 ���m
In no event shall the assessment fund be depleted,for the purpose of this chapter, below the level required to
service the existing bonded indebtedness of the water system for a period of two years. [Code 1967§ 13A-
500.3].
17.16.050 Credit for expenditures by property owner.
a. The property owner shall receive a credit for installation expenses against future costs of the water
improvement district. If such expenditures exceed the per lot charges resulting from formation of the water
improvement district, the property owner shall not be obligated for payment of assessments within the district. If
such expenditures are less than the per lot charges as above, the property owner shall be obligated to pay the
difference between the per lot charge and the amount of his expenditures.The property owner shall submit
certified invoices or other evidences of payment to support his claim for expenditures. There shall, however, be
no refund to any property owner whose expenditures exceed the per lot cost of the improvement district as set
forth therein.
b. The City Manager may promulgate regulations subject to the approval of the City Council to assist in
implementing this chapter. [Code 1967 § 13A-500.41.
15/23 �� ��
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I7/23
Introduced By: City Manager
Date: February 27,2013
Action: Adopted
Vote: 6 Yes,0 No
CITY OF SOLDOTNA
RESOLUTION 2013-011
A RESOLUTION OF THE COUNCIL OF THE CITY OF SOLDOTNA, ALASKA, ADOPTING A
GENERAL POLICY REGARDING MUNICIPAL MATCHING FUNDS AVAILABLE FOR
SPECIAL ASSESSMENT DISTRICT IMPROVEMENTS
WHEREAS, Ordinance 2012-022, adopted September 26, 2012, created Chapter 3.18 of the
Soldotna Municipal Code, which provides a procedure for establishing Special Assessment
Districts (SAD) in the City of Soldotna; and
WHEREAS, in accordance with SMC 3,18,070, the City Council is required to set a policy
regarding use of city funds to fund a portion of the cost of the SAD; and
WHEREAS, citizens desiring to form an SAD would benefit from knowing the likely amount of
municipal matching funds available for potential projects; and
WHEREAS, this policy is intended as a general guide, meant to inform the public and City
administration of the Council's position regarding matching funds. The Council may alter this
policy at any time, to reflect changes in availability of funding, or City priorities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SOLDOTNA, ALASKA:
Section 1. This policy applies to public improvements which primarily benefit the owners of
a limited geographical area, as opposed to improvements which benefit the entire
community, and are entirely paid for with general governmental resources.
Section 2. In partially developed or undeveloped areas that include one or a small number
of property owners, the City shall assess up to one hundred percent (100%) of all
eligible costs of the SAD to the benefitted properties and contribute no municipal
matching funds. This is intended in situations where the owner(s) are essentially
acting as developers, with the intent of marketing and profiting from the
undeveloped land.
Section 3. For improvements not categorized under Sections 1 or 2 above, the City may, in
its sole discretion, contribute a minimum of fifty percent (50%) and a maximum of
seventy-five percent (75%) of all eligible costs of the SAD, with the remaining
amount assessed to the benefitted property owners. In determining the exact
percentage of municipal matching funds for a particular SAD, the Council shall
give preference to projects which:
a. Reduce City cost and maintenance efforts of existing infrastructure;
b. Increase development and/or employment potential in the community;
c. Increase City revenues, for example through additional sales tax and/or real
property taxes as a result of the improvements;
18/23 S®(d 1)+Y-\
d. Are identified as a priority project of the City, for example in the 5-year Capital
Improvement Plan (CIP), legislative priority list, Comprehensive Plan, or other
City planning document;
e. Have secured grant funding that may be used to offset municipal
expenditures;
f. Contribute aesthetic or other quality of life benefits to the community as a
whole.
It shall be the burden of the applicant to demonstrate the project's benefit to the
City, by referencing the above criteria, if the applicant requests more than the
minimum matching amount.
Section 4. Nothing in this policy shall prevent the City from funding an improvement without
the formation of an SAD. In such cases, the City shall make a finding that the
improvement is in the best interests of the entire community due to:
a. Reduced City cost and maintenance efforts of existing infrastructure;
b. Increased development and/or employment potential in the community; or
c. Increased City revenues, for example through additional sales tax and/or real
property taxes as a result of the improvements.
Section 5. Application.ication. A sponsor of a special assessment district shall make his/her
request for municipal matching funds, including all back-up or supporting
documents, on the initial application to the City Clerk, per SMC 3.18.080(A). The
City Administration shall make a recommendation as to the appropriate matching
percentage, and include this recommendation with the petition which is returned
to the sponsor for circulation.
Section 6. Final Determination. The determination as to the final amount of municipal
matching funds provided to a particular SAD will be made by resolution of the
City Council, following the public hearing in accordance with SMC 3.18.100. The
decision of the Council shall be final. The Council reserves the, right to apply
percentages different from those listed above, based on the unique
characteristics of any project.
ADOPTED BY THE CITY COUNCIL THIS 27TH DAY OF FEBRUARY, 2013.
Brenda Hartman, Vice--Mayor
ATTEST:
Teresa Fahning, City Clerk
Ayes: Bagley, Daniels, Eoff, Sprague, Czarnezki, Hartman
i3RES011
Noes: None
�k_ G
Absent: ,rv..ic
19/23 w 0 "h c�
Sponsored by: Janke
CITY OF SEWARD, ALASKA
RESOLUTION 2002-087
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, ACCEPTING AND APPROPRIATING A GRANT FROM THE
ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION
(ADEC) IN THE AMOUNT OF $396,600 FOR THE PURPOSE OF
CONSTRUCTING A WATERLINE GATEWAY TO FOREST ACRES
WHEREAS, the State of Alaska, Department of Environmental Conservation has
appropriated a Municipal Matching Grant 476911,in the amount of$396,600 to the City of Seward
for the purpose of constructing a waterline from Gateway to Forest Acres; and
WHEREAS,the City of Seward must formally apply for the grant and thereby agree to the
terms and conditions of the grant, and to adhere to any governing state regulations; and
WHEREAS, grant payments will be made when expenses have been incurred and
documentation has been provided to the department along with the payment request form.
NOW,THEREFORE,,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The City Council authorizes the City Manager to accept the ADEC grant #
76911 in the amount$396,600,as follows: $99,200 in State DEC grant funds to account 704-7042-
4680-0200 and $297,400 in federal EPA grant funds to account 704-7042-4680-0100;
appropriating the required match of$169,971 from the Water/Sewer Enterprise Fund retained
earnings account 701-0000-3071-0704; and authorizing expenditures totaling$566,571 from the
Forest Acres/Gateway Waterline Project, account number 704-7042-5390."
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 9 day of
September, 2002.
THE CITY OF SEWARD, ALASKA
C, . A-t'-t--L r
Edgar Blatchford,Mayor
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CITY OF SEWARD, ALASKA
RESOLUTION 2002-087
AYES: Orr, Calhoon, Branson, Clark, Shafer, Valdatta, Blatchford
NOES: None
ABSENT: None
ABSTAIN: None
ATT ST: -1.
Je Lewis sCi Clerk l$1t11N0
(City Seal) �.�%`! or- SEW, •1*
•O�p RgJ.'•..C) ��s
4.
SEAL •
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4
OF Nvrop
21/23
Sponsored by: Shealy
CITY OF SEWARD, ALASKA
RESOLUTION 2003-98
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA,AMENDING RESOLUTION 2003-83 AUTHORIZING THE CITY
MANAGER TO SELECT ALTERNATIVE NO.3 FOR THE GATEWAY TO
FOREST ACRES WATERLINE AND TAKE STEPS NECESSARY IN
ORDER TO PROVIDE ADDITIONAL RESIDENTIAL DEVELOPMENT
WHEREAS, Afognak Construction and Excavating,Inc.has proposed alternative No. 3 as
developed by CRW Engineering Group, LLC and agreed to the following conditions:
1. Furnish a 60 ft right-of-way at no cost to the city;
2. Pay any cost above$566,571,by means of a letter of credit in substantially the same
form as presented at this meeting (attached).
3. Enter in to an Agreement to pay for waterline construction in substantially the same
form as presented at this meeting(attached); and
WHEREAS,the City Council authorized the City Manager in Resolution 2003-83 to take all
steps necessary in order that alternative No. 3 as attached consisting of a water line from Gateway to
Oak and Ash Streets be constructed subject to the above conditions. This authority expired
September 1, 2003; and
WHEREAS, the First National Bank of Alaska has approved an Irrevocable Standby Letter
of Credit for Afognak Construction and Excavating, Inc up to the aggregate amount of$157,000 to
insure payment to the City of Seward subject to an extension of the deadline to September 15,2003
due to a delay in the issuance of a title policy caused by the high level of demand upon First
American Title of Alaska.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The City Council authorizes the City Manager to take all steps necessary in
order that alternative No. 3 as attached consisting of a water line from Gateway to Oak and Ash
Streets be constructed subject to the above conditions. This authority expires September 15,2003 at
5:00 pm Alaska time.
Section 2. This resolution shall take effect immediately upon its adoption.
22/23 SAC
CITY OF SEWARD, ALASKA
RESOLUTION 2003-98
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 8th day of
September, 2003.
THE CITY OF SEWARD, ALASKA
f
Stu Clark,Mayor
AYES: Dunham, Orr, Valdatta, Amberg, Shafer
NOES: Branson
ABSENT: Clark
ABSTAIN: None
ATTEST:
Jea" wis
Cit lerk
(City Seal) '
r ,
23/23