§ 14.31.090. Assembly resolution to form district and proceed with improvement.

A.

When the borough clerk has determined that a petition bears sufficient signatures as described in KPB 14.31.070, and the borough assessor has determined that the proposed district complies with KPB 14.31.080, the mayor shall prepare for assembly consideration a resolution to form the special assessment district and proceed with the improvement. The mayor shall submit the following information to the assembly with the resolution:

1.

The petition report prepared by borough staff under KPB 14.31.060, updated to account for any change in information;

2.

The RSA resolution to approve the petition report and recommend a borough match;

3.

A description of the current condition of the rights-of-way that are to be improved and a statement of the need for the proposed local improvement; and

4.

The method of financing the improvement; e.g., bonding, borough investment, or a combination.

B.

The assembly shall hold a public hearing on the resolution. The borough clerk shall give notice of the public hearing on the resolution:

1.

By certified mail, return receipt requested, mailed not less than 35 days before the date of the hearing, to each record owner of a parcel in the proposed district; and

2.

By publication once a week for two consecutive weeks in a newspaper of general circulation in the borough, with the first publication appearing not less than 30 days before the date of the hearing.

C.

Each notice of the public hearing shall include the following:

1.

A description of the special assessment district and the proposed improvement;

2.

The date of public hearing;

3.

The place for reviewing the estimated assessment roll, and

4.

The procedure for presenting objections to the formation of the district.

D.

Written comments, including any objections as to the necessity of the formation of the district may be filed with the borough clerk for a period of 30 days after mailing the notice of the public hearing. If written objections to the necessity of the formation of the district are filed by the owners of parcels bearing one-half or more of the estimated cost of the improvement, the assembly may not proceed with the improvement.

E.

After public hearing, the assembly may adopt the resolution to form the district and proceed with the improvement. The resolution shall:

1.

Describe the improvement and its location;

2.

Describe the parcels benefitted by the improvement;

3.

Approve the estimated cost of the improvement;

4.

Make a finding that the improvement is necessary and should be made, as required by AS 29.46.020;

5.

Identify any parcels within the boundaries excluded from the district, which will not receive the benefit of the improvement and will not be subject to the assessment;

6.

If the mayor signed the petition on behalf of the borough, approve the mayor's action;

7.

Include an estimated assessment roll showing the amount of the assessment against each parcel;

8.

Authorize the mayor to proceed with the construction of the improvement;

9.

Require the clerk to record in the district recorder's office a copy of the resolution to proceed and the estimated assessment roll; and

10.

Include notice that the property owner must pay off the remaining balance of any special assessments on property to be subdivided, or prepay estimated costs if the final assessment has not been determined, before a final plat may be signed and recorded pursuant to KPB 20.60.030.

F.

After passage of the resolution to proceed, the improvement may be constructed by force account or by contract, or in any other manner provided by law.

(Ord. No. 2018-27 , § 7, 9-4-18; Ord. No. 2015-13 , § 1, 6-16-15; Ord. No. 2000-01, § 1, 2-15-00; Ord. No. 97-32, § 2(part), 1997)