15.10.005--15.10.010(a)
Title 15
SPECIAL
SERVICE DISTRICTS
Chapters:
15.10 Ocean Drive Loop Special Service District
Sections:
15.10.010 Ocean Drive Loop Special Service District
established.
15.10.030 Payment in lieu of taxes.
15.10.050 Services authorized.
15.10.005 Definitions. As used in this
chapter:
"Improvement
District" means the
"Operate" and "Operation" with
respect to the Seawall includes operation, maintenance, repair, reconstruction,
improvement, insurance, and other related or similar activities conducted in
the course of making and keeping the Seawall operational for its intended
erosion control purpose for the benefit of the properties in the Improvement
District.
"Property Owner" means an
owner of real property, including any interest in such real property, located
in the Special Service District.
"Seawall"
means the erosion control seawall constructed in the Improvement District.
"Special Service District" means the Ocean Drive Loop
Special Service District established under this chapter. (Ord.
06-53(S), §1, 2006)
15.10.010 Ocean Drive Loop Special Service District Established. a. There
is established a special service district within the city designated as
the "Ocean Drive Loop Special Service District" for the purpose of
providing special services to the properties in the Ocean Drive Loop Bluff
Erosion Control Improvement/Assessment District that are not provided elsewhere
in the City.
164
(Homer 12/06)
15.10.010(b)--15.10.020(b)
b. The Special Service District is comprised of the following
properties:
|
Legal Description |
|
Oscar Munson Subdivision |
|
Oscar Munson Subdivision |
|
Oscar Munson Subdivision |
|
Oscar Munson Subdivision |
|
Oscar Munson Subdivision |
|
Oscar Munson Subdivision |
|
Oscar Munson Subdivision |
|
Oscar Munson Subdivision |
|
Oscar Munson Subdivision |
|
Oscar Munson Subdivision
Revision |
|
Oscar Munson Subdivision
Revision |
|
Oscar Munson Subdivision
No. 18 |
|
Oscar Munson Subdivision
No. 18 |
|
Tamian Subdivision |
|
Seabreeze Subdivision |
|
A portion of T6S R13W
Section 21, Beginning at corner of Sections 20, 21, 28, and 29; thence N 64
degrees 10 minutes E a distance of 50.00 feet; thence S 64 degrees 10 minutes
E a distance of 50.00 feet; thence E a distance of 35.00 feet; thence N 0
degrees 05 minutes W a distance of 450.00 feet; thence W a distance of 125.00
feet; thence S 0 degrees 05 minutes E a distance of 450.00 feet to the point
of beginning. |
|
|
|
Pedestrian Easement south
of |
15.10.020 Property Tax Levy. a. The
Special Service District shall be funded by a property tax levied on the
properties in that district. The City Council shall annually set the mill
levy pursuant to Section 9.04.040. The tax shall be assessed and
collected as other real property taxes levied by the City.
b. Any property tax levied for the purpose of funding the
Special Service District shall be excluded from the calculation of the mill
rate contingency set forth in Section 9.16.020 for purpose of determining
whether the city's sales tax levy shall remain in effect(Ord.
06-53(S), §1, 2006)
.
164-1
(Homer 12/06)
15.10.030—15.10.110(iv)
15.10.030 Payment In Lieu
of Taxes. In lieu of paying
taxes on tax exempt property owned by the City in the Special Service District,
the City will annually appropriate money to the district or perform in-kind
services for the district equivalent in value to the amount of taxes that would
be levied on the City property if it were taxable. (Ord.
06-53(S), §1, 2006)
15.10.040 Administration.
The administration of this chapter is a function of the Department of
Administration. (Ord. 06-53(S), §1, 2006)
15.10.050 Services
Authorized. a. The special services
provided to the Special Service District under this chapter are limited to the
levy and collection of taxes and other revenues that shall be appropriated for
and expended as one or more grant awards to an eligible entity for purposes
authorized in this chapter.
b. The City is not
authorized to make expenditures of taxes and revenues collected under this
chapter for any act performed by the City, its personnel, or its contractors
for Operation of the Seawall. This subsection does not prevent the City from
appropriating funds from other revenue sources or from performing in-kind
services to fulfill its obligation under Section 15.10.030. (Ord. 06-53(S), §1, 2006)
15.10.060 Excess tax
revenue. If no grant awards
are made under this chapter to an eligible entity, or if at any time the City
Council determines Special Service District tax revenues exceed the needs of
the Special Service District, the City Council may authorize a refund of the
excess tax revenues collected under this chapter to the taxpayers in proportion
to amounts paid in by such taxpayers. (Ord. 06-53(S), §1, 2006)
15.10.100 Grants
authorized. a. Revenue collected by the City under this chapter
may be appropriated and expended for one or more grant awards to be used for
the limited purpose of funding Operation of the Seawall for the benefit of all
properties in the Improvement District.
b. The
City Council shall have final approval of all grant awards and recipients.
(Ord.
06-53(S), §1, 2006)
15.10.110
Eligible entity. To be
eligible to receive a grant award under this chapter, an entity shall
i. be independent of the City and organized for
nonprofit purposes under the laws of
Alaska as a corporation, company, partnership, or other recognized legal
entity, and not an unincorporated
association; and
ii. have as a primary purpose the
Operation the Seawall for the benefit
of the properties in the Improvement District; and
iii. have
membership open to every Property Owner and, in fact, include in its membership a broad representation of all Property
Owners; and
iv. have established bylaws or rules that (a) require all meetings of the entity's membership and its
board of directors or similar governing
body to be open to all Property Owners,
164-2
(Homer 12/06)
15.10.110(iv)—15.10.120
regardless of membership; (b) afford
all Property Owners a reasonable
opportunity to be heard at such meetings; and (c) require reasonable notice to all Property Owners in advance of all such meetings; and
v. have
prepared a reasonable written plan to Operate the Seawall for the benefit of all properties in the Improvement District,
including an annual budget that includes projected revenues and expenses for not less than two years; and
vi. provide written assurance that it will use amounts received under a grant award in accordance
with its plan and solely for eligible grant purposes; and
vii. prepare and submit to the City Manager an application at such time, and in such manner, and
containing such information as the City
Manager may require.
(Ord.
06-53(S), §1, 2006)
15.10.120
Grant agreement. The City Manager may require an award recipient
to enter into a grant agreement with terms to require the grantee to comply
with the provisions of this chapter and provide proper accountability for the
grantee's use of grant funds.
(Ord.
06-53(S), §1, 2006)
REST OF
164-3
(Homer 12/06)