HomeMy WebLinkAboutResolution No. 4882
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COUNCIL RESOLUTION NO. 4882
A RESOLUTION FORMING A LOCAL
IMPROVEMENT DISTRICT FOR PAVING, .
CONSTRUCTING CURBS AND GUTTERS,
SIDEWALKS, STREET LIGHTS, WATER
QUALITY BIOSWALES, AND STORMWATER
DRAINAGE ON RIVER AVENUE FROM 200
FEET EAST OF RIVER ROAD TO 100 FEET
WEST OF BEL TLINE HIGHWAY. (JOB #3693)
PASSED: 7:0
REJECTED:
OPPOSED:
ABSENT: Ortiz
RECUSED:
CONSIDERED: June 26, 2006
RESOLUTION NO. 4882
A RESOLUTION FORMING A LOCAL IMPROVEMENT DISTRICT FOR
PAVING, CONSTRUCTING CURBS AND GUTTERS, SIDEWALKS,
STREET LIGHTS, WATER QUALITY BIOSW ALES, AND STORMW ATER
DRAINAGE ON RIVER AVENUE FROM 200 FEET EAST OF RIVER ROAD
TO 100 FEET WEST OF BELTLINE HIGHWAY. (JOB #3693)
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 official'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 River Avenue
from 200 feet east of River Road to 100 feet west of Belt line Highway, subject to the provisions of
Section 4 of this Resolution.
Section 2. The Council hereby orders the establishment of a local improvement district on
River Avenue from 200 feet east of River Road to 100 feet west of Beltline Highway and in that
district to pave, construct or install curbs and gutters, sidewalks, street lights, water quality bioswales
and stormwater drainage 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 and Section 4 of this Resolution. 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$l 0 per thousand dollars 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. Several of the properties proposed for inclusion in the local improvement district
are located outside the boundaries of the City. Under provisions of state law, the concurrence of the
Lane County Board of Commissioners is required for inclusion of the properties in the local
improvement district. On February 9,2005, Lane County Board of Commissioners issued Board
Order 05-2-9-5, concurring that the following properties be included in the local improvement
district: Neely, Tax Lot #1704130002900; Bimbo Bakeries USA Inc., Tax Lot #17041300 3000;
Atkins, Tax Lot #1704130003200; Eugene Bible Center, Tax Lot #1704130003400; Slocum, Tax
Lots #17041300 3500 (vacant property, future equivalent assessment), #17041300 03501, and
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#1704130003502; Stor N Lok Warehouses Inc., Tax Lots #17041300 03600 and #1704130003601.
On March 30,2005, the Lane County Board of Commissioners reconsidered and made no changes to
Board Order 05-2-9-5.
Section 5. 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 6. The City of Eugene, Oregon expects to make expenditures from its available
funds to pay for the costs of improvements to River Avenue from 200 feet east of River Road to 100
feet west of Beltline Highway (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 $1,359,918.66, which represents the estimated assessment amount plus a margin of 1 00/0.
Section 7. 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 8. Proceeds from unbonded assessments, improvement bonds, foreclosure of liens
based on the Improvements and from other budgeted funds including 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 9. 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 10. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution adopted the 26th day of June, 2006.
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Ci . ecorder
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