HomeMy WebLinkAboutResolution No. 4941
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COUNCIL RESOLUTION NO. ~4941
A RESOLUTION FORMING A LOCAL
IMPROVEMENT DISTRICT FOR CONCRETE
ALLEY PAVING, AND CONSTRUCTING
WASTEWATER AND STORMWATER SYSTEMS
ON 6TH ALLEY BETWEEN TYLER STREET AND
POLK STREET. (JOB #4527)
PASSED: 5:2
REJECTED:
-
OPPOSED: Bettman, Taylor
ABSENT: Poling
RECUSED:
CONSIDERED: May 12, 2008
RESOLUTION NO. 4941
A RESOLUTION FORMING A LOCAL IMPROVEMENT DISTRICT FOR
CONCRETE ALLEY PAVING, AND CONSTRUCTING WASTEWATER
AND STORMW ATER SYSTEMS ON 6TH ALLEY BETWEEN TYLER
STREET AND POLK STREET. (JOB #4527)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a
Municipal Corporation of the State of Oregon, as follows:
Section 1. After proper notice of the hearings required by Sections 7.165 and 7.166 of the
Eugene Code, 1971 (EC), and after receiving the hearings officer's report, the City Council hereby
declares it is in the public interest to construct the local improvements described in Section 2 of this
Resolution and assess part of the costs thereof to the specially benefitted properties on 6th Avenue
alley between Tyler Street and Polk Street.
Section 2. The Council hereby orders the establishment of a local improvement district on
6th alley between Tyler Street and Polk Street and in that district to pave, and construct wastewater
and stormwater systems and related improvements ("the Improvements").
Section 3. The costs of the Improvements shall be borne by and assessed to the properties in
the district in accordance with EC 7.175. Included in the cost shall be the overhead costs specified in
EC 7.170 and whatever other special costs, such as acquisition of interests in real property, are
necessary to make the Improvements. Upon completion of the Improvements, the final costs therefor
will be calculated and the owners of benefitted property shall be notified and the property assessed as
provided in E.C. 7.185 to 7.240. The assessments to be levied for the Improvements are hereby
characterized for purposes of the property tax limitation in Section 11 b, Art. XI of the Oregon
Constitution as assessments for a local improvement, not subject to the constitutional limitation 'of
$10 per thousand of real market value. Notice of the intent to so characterize the assessments was
sent to the affected property owners prior to the adoption of this Resolution.
Section 4. The City Council hereby declares that the construction of the Improvements, as
well as acquisition of rights-of-way or easements necessary for the construction, is for a public
purpose, is necessary for the public welfare, is authorized under the laws of the State of Oregon and
Charter and ordinances of the City of Eugene, and is directed by this Resolution.
Section 5. The City of Eugene, Oregon expects to make expenditures from its available
funds to pay for the costs of improvements to 6th Alley between Tyler Street and Polk Street (the
"Project"). The City reasonably expects, and hereby declares its intent, to issue bonds or other
obligations (the "Reimbursement Bonds") and to use the proceeds of the Reimbursement Bonds
to reimburse the City for the expenditures made from the City's available funds for the Project.
The City expects that the principal amount of the Reimbursement Bonds will not exceed
$109,620.00, which represents the estimated assessment amount plus a margin of 10%.
Resolution - 1
Section 6. Lines of credit and other evidence of indebtedness authorized by City Council
Resolution No. 4807 may be issued to finance the construction of the Improvements.
Section 7. Proceeds from unbonded assessments, improvement bonds, foreclosure of liens
based on the Improvements and from other budgeted funds includiiIg ad valorem taxes, iflevied, to
pay the debt shall be deposited in the Short Term Debt Fund until the indebtedness issued to finance
the Improvements is redeemed. Proceeds so deposited may be used only to pay the indebtedness
issued to finance the Improvements.
Section 8. The City Manager, or the person designated in writing by the City Manager to act
under Resolution No. 4807 may sign the evidence of indebtedness issued to finance the construction
of the Improvements.
Section 9. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution adopted the 12th day of May, 2008.
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