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(a) After the City Council approves the petition report and a City match if any match, the City administration shall create the final petition and distribute at least one (1) copy to the sponsor.

(b) The petition must include the petition report approved by the City Council and a signature page with instructions.

(c) Upon receiving a copy of the petition from the City Clerk, the sponsor is responsible for distributing the petition to all property owners within the approved boundaries and collecting the signatures of those property owners who support the formation of the special assessment district. Completed petition signature page(s) must be filed with the City Clerk within forty-five (45) days of the date the City Clerk distributes the petitions to the sponsor.

(d) In order for the City Council to consider the proposed special assessment district further, the petition must contain the signatures of the owners of record of (1) at least sixty percent (60%) of the total number of parcels subject to assessment within the proposed district and (2) at least fifty percent (50%) in assessed value of the property to be benefited, in order to be considered by the Council for formation.

(e) Multiple Owners. When a parcel is owned by more than one (1) person or entity, signatures for each owner are required in order for the parcel to count towards the signature thresholds.

(f) Signature by Proxy. Signatures by proxy will not be accepted by the Clerk.

(g) Power of Attorney. The signature of a power of attorney will only be accepted by the Clerk if the signature is accompanied by a copy of the power of attorney document providing authority for such signatures.

(h) Business Entities.

(1) Corporations. Where a parcel is owned by the corporation, the petition must be signed by two (2) individuals: one (1) of whom is the Chair of the Board, the president, or the vice president, and the other of whom is the secretary or treasurer; or by another person or persons who have been given authority via corporate resolution.

(2) Limited Liability Companies. Where a parcel is owned by an LLC, the petition must be signed by a member if the LLC is member-managed, or by the manager, if a manager has been designated.

(3) Other Business Owners. Where a parcel is owned by another type of business entity, only those persons who have signatory authority to bind the business entity under Alaska Statutes may sign the petition as owner.

(4) Trusts. Where a parcel is owned by a trust, only the trustee may sign as the property owner. If there are co-trustees, a majority must sign the petition in order for the parcel to count towards the signature thresholds unless otherwise provided in the trust document. The signature of the trustee(s) must be accompanied by a certification that the trustee(s) has the authority to sign on behalf of the trust.

(i) City of Kenai. The City Manager shall be the designee for signing any petition when City land is part of the proposed district. Where the City abstains from participating in the petition signature process, the total number of parcels within the district, for the purpose of calculating the signature thresholds, will be reduced by the number of parcels owned by the City within the proposed district.

(j) A signature on a petition may be withdrawn only by written notice from the signer submitted to the City Clerk prior to certification of the petition signatures by the City Clerk. A withdrawal is effective only if notice of the withdrawal is submitted before the filing of the completed petition.

(k) The sponsor shall timely submit the petition signatures to the Clerk. If the Clerk finds that the petition contains sufficient signatures, the Clerk shall after forty-five (45) days from the date the petition is distributed to the sponsor certify the petition and submit the petition to the City Manager, who will prepare a resolution to form the district and proceed with the improvement for Council consideration.

(Ord. 3034-2018)