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<br />RESOLUTION NO. 4941 <br /> <br />A RESOLUTION FORMING A LOCAL IMPROVEMENT DISTRICT FOR <br />CONCRETE ALLEY PAVING, AND CONSTRUCTING WASTEWATER <br />AND STORMW ATER SYSTEMS ON 6TH ALLEY BETWEEN TYLER <br />STREET AND POLK STREET. (JOB #4527) <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a <br />Municipal Corporation of the State of Oregon, as follows: <br /> <br />Section 1. After proper notice of the hearings required by Sections 7.165 and 7.166 of the <br />Eugene Code, 1971 (EC), and after receiving the hearings officer's report, the City Council hereby <br />declares it is in the public interest to construct the local improvements described in Section 2 of this <br />Resolution and assess part of the costs thereof to the specially benefitted properties on 6th Avenue <br />alley between Tyler Street and Polk Street. <br /> <br />Section 2. The Council hereby orders the establishment of a local improvement district on <br />6th alley between Tyler Street and Polk Street and in that district to pave, and construct wastewater <br />and stormwater systems and related improvements ("the Improvements"). <br /> <br />Section 3. The costs of the Improvements shall be borne by and assessed to the properties in <br />the district in accordance with EC 7.175. Included in the cost shall be the overhead costs specified in <br />EC 7.170 and whatever other special costs, such as acquisition of interests in real property, are <br />necessary to make the Improvements. Upon completion of the Improvements, the final costs therefor <br />will be calculated and the owners of benefitted property shall be notified and the property assessed as <br />provided in E.C. 7.185 to 7.240. The assessments to be levied for the Improvements are hereby <br />characterized for purposes of the property tax limitation in Section 11 b, Art. XI of the Oregon <br />Constitution as assessments for a local improvement, not subject to the constitutional limitation 'of <br />$10 per thousand of real market value. Notice of the intent to so characterize the assessments was <br />sent to the affected property owners prior to the adoption of this Resolution. <br /> <br />Section 4. The City Council hereby declares that the construction of the Improvements, as <br />well as acquisition of rights-of-way or easements necessary for the construction, is for a public <br />purpose, is necessary for the public welfare, is authorized under the laws of the State of Oregon and <br />Charter and ordinances of the City of Eugene, and is directed by this Resolution. <br /> <br />Section 5. The City of Eugene, Oregon expects to make expenditures from its available <br />funds to pay for the costs of improvements to 6th Alley between Tyler Street and Polk Street (the <br />"Project"). The City reasonably expects, and hereby declares its intent, to issue bonds or other <br />obligations (the "Reimbursement Bonds") and to use the proceeds of the Reimbursement Bonds <br />to reimburse the City for the expenditures made from the City's available funds for the Project. <br />The City expects that the principal amount of the Reimbursement Bonds will not exceed <br />$109,620.00, which represents the estimated assessment amount plus a margin of 10%. <br /> <br />Resolution - 1 <br />