A RESOLUTION TO FORM THE K-B SUBDIVISION ROAD IMPROVEMENT ASSESSMENT DISTRICT AND PROCEED WITH THE IMPROVEMENT

WHEREAS, KPB 14.31 authorizes the formation of road improvement districts with the Kenai Peninsula Road Service Area ("RSA"); and

WHEREAS, an application for a petition to form a special assessment district was received from the property owners within the proposed district; and

WHEREAS, on May 19, 2000, the RSA board reviewed and approved said application to form a special assessment district for the purpose of improving and paving the roadways within K-B Subdivision; and

WHEREAS, pursuant to KPB 14.31.060(B), on January 16, 2001, the RSA board adopted RSA Resolution 2001-01 approving the circulation of the K-B Subdivision Road Improvement Assessment District petition consistent with the recommendations in the staff report of January 10, 2001; and

WHEREAS, KPB 14.31.070(C)(1) requires the owners of more than 70 percent of the parcels within the proposed district sign the petition, and 71.6 percent have signed the petition; and

WHEREAS, KPB 14.31.070(C)(2) requires signatures of the owners that would bear more than 70 percent of the total assessments in the proposed district, and 70.9 percent have signed the petition; and

WHEREAS, the borough clerk certified the petition and acknowledged receipt of a filing fee check for $1,000; and

WHEREAS, KPB 14.31.090 requires the mayor to present to the assembly an estimated assessment roll and resolution authorizing the mayor to proceed with construction of the improvement;

NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH:

SECTION 1. That the borough shall form the K-B Subdivision Road Improvement Assessment District, and the mayor is authorized to proceed with the construction of the improvement in accordance with the provisions of KPB 14.31 and RSA Resolution 2001-01, and to negotiate and execute such documents as are determined to be in the best interests of the borough to accomplish this project.

SECTION 2. That pursuant to the requirements of KPB 14.31.090, this resolution is supported by the mayor's report, which is attached hereto and incorporated herein by reference.

SECTION 3. That the improvement is to improve and pave Forest Wood Avenue, Ravenwood Street, Huntington Drive, Rockwood Drive, and Homewood Way, which are the access and interior roads of K-B subdivision.

SECTION 4. That the boundaries of the RIAD for improving and paving the roadways set forth in the map attached to the mayor's report as Attachment 4, and the properties legally described in Attachment 3 to the mayor's report are hereby approved as comprising the RIAD.

SECTION 5. That the estimated cost of the improvement is $348,156, and the proposed method of allocating the cost of the improvement among the benefited parcels is based on the assessed value of each parcel as further described in the mayor's report.

SECTION 6. An estimated assessment roll is Attachment 3 to the mayor's report and is incorporated herein by reference.

SECTION 7. That the borough clerk shall cause a copy of the resolution and the estimated assessment roll to be recorded in the District Recorder's Office for the State of Alaska at Kenai.

SECTION 8. That properties within the district are properly included and subject to assessment for the improvement.

SECTION 9. That this resolution shall take effect immediately upon its adoption.

ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH THIS 19TH DAY OF JUNE, 2001.