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Home My WebLink AboutResolution No. 4532 RESOLUTION NO. LI~5~ A RESOLUTION FORMING A LOCAL IMPROVEMENT DISTRICT FOR PAVING, CURBS, GUTTERS, SIDEWALKS, STORM SEWERS, AND STREET LIGHTING CONDUIT ON KINGSLEY ROAD FROM GOODPASTURE ISLAND ROAD TO 1000 FEET WEST. (JOB #3418) 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 (E.C.), after receiving the City Engineer's report as required by Eugene Code 7.160 and after receiving the hearings officer's report of public testimony on the proposed project, 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 benefited properties on Kingsley Road from Goodpasture Island Road to 1000 feet west. Section 2. The Council hereby orders the establishment of a local improvement district, on Kingsley Road from Goodpasture Island Road to 1000 feet west and in that district to pave, construct curbs, gutters, sidewalks, storm sewers and related improvements. Section 3. The costs of the Improvements shall be borne by, and assessed to the properties in the district in accordance with E.C. 7.175. Included in the cost shall be the overhead costs specified in E. C. 7.170 and whatever other special costs, such as acquisition of interests in real property as are necessary to make the improvements. Upon completion of the Improvements, the final costs therefor will be calculated and the owners of benefited property shall be notified and the property assessed as provided in E.C. 7.185 to 7.240. The assessments to be levied for these Resolution - 1 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, and 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. Improvement warrants, short-term promissory notes and other evidence of indebtedness authorized by Chapter 902, 1991 Oregon Session Laws, issued to finance the construction of the Improvements shall be indebtedness for them. When improvement warrants are issued they may be general obligation warrants or limited general obligation warrants or other similar instrument. Such indebtedness shall bear interest at a rate set by Council resolution authorizing the debt. The interest shall be paid upon redemption. Section 6. Proceeds from unbonded assessments, improvement bonds, foreclosure of liens based on the Improvements and from other budgeted funds including ad valorem taxes, if levied, 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 7. The Mayor, City Manager, and Finance Officer may sign the evidence of indebtedness herein authorized by facsimile signature with a check signing machine. The Finance Resolution - 2 Officer shall cause the seal of the City to be printed on the evidence of indebtedness when required by law or by the purchaser. The foregoing Resolution adopted the~yt of Resolution - 3 , 1997 ""- FINDINGS AND RECOMMENDATIONS SUBJECT: PAVING, CURBS, GUTTERS, SIDEWALKS, STORM SEWERS, AND STREET LIGHTING CONDUIT ON KINGSLEY ROAD FROM GOODPASTURE ISLAND ROAD TO 1000 FEET WEST (JOB #3418) BACKGROUND As provided in the Eugene Code, (Sections 9.033(3) and 9.040(3)) property owners in the area submitted irrevocable petitions for improvements as a condition of approval for land divisions (partitions or subdivisions). This project was initiated as a result of most property owners having submitted irrevocable petitions for parcels adjacent to Kingsley Road. The properties owned by the petitioners are expected to be subject to 74 percent of the assessable cost for the proposed local improvement district (LID). The City Engineer initiated the project, as provided for in the Eugene Code S 7.160(8) on October 8, 1996. The property owners were notified of the pending local improvement district hearing ten days prior to the hearing as required by the Eugene Code. The project was advertised on June 17, 1997, and bids were opened July 3, 1997. The City received three (3) bids for this improvement project. The low bid was submitted by Eugene Sand & Gravel, Inc. in the amount of $202,518.00. PROJECT The project includes construction of 1,000 feet of street paving, along with the associated installation of curb, gutter, sidewalks, storm sewers and street lighting conduit. The actual width of the street will vary to accommodate traffic calming devices placed between the traffic lanes and to narrow the street from the initial 36 foot wide access at Goodpasture Island Road. The cost of narrowing the street, for the short distance where the paving will actually be wider than the 24 foot width of most of the street, will be shared among all the property owners in the LID. ESTIMA TED ASSESSMENTS Costs listed below are the Engineer's estimated assessment costs calculated from the low bid. Paving Sidewalks $ 76.50/front foot $ 24.50/front foot Cost to City: $102,692.00 (illumination, islands, paving, storm sewer) The City owns the property on the southwest corner of Kingsley Road and Goodpasture Island PAVING, AND RELATED IMPROVEMENTS, STORM SEWERS, AND STREET LIGHTING CONDUIT ON KINGSLEY ROAD - FORMATION OF A LOCAL IMPROVEMENT DISTRICT Page 1 Road. It is currently occupied by a fire station. The cost to the city calculations stated here do not include the assessable amount attributable to this property. As the City has done in the past, the amount that would be assessed to this property will be calculated and paid by the City as if it were a privately owned parcel. This property has an approximately 270 foot frontage on Kingsley Road. PUBLIC HEARING Eugene Public Works Engineering staff provided the Hearings Official with a memorandum which outlined the information set forth above. A public hearing was scheduled for July 9, 1997. No persons attended the hearing. No written correspondence concerning the LID was received. FINDINGS AND RECOMMENDATION Notice of the public hearing was provided and all the property owners were given an opportunity to participate in the hearings. The Hearings Officer finds that the project is one for which the assessments are for local improvements as set forth in ORS 310.410 because 1. The assessments do not exceed actual costs; 2. The assessments are imposed for a capital construction project which provides a specific benefit for a specific property or rectifies a problem caused by a specific property 3. The assessments are imposed in a single assessment upon completion of the project; and 4. The assessments allow the property owners to elect to pay the assessment with interest over at least ten (10) years. The Hearings Official also finds that the costs for the project are comparable to the cost of similar projects. Based on these findings, the Hearings Official recommends acceptance of the low bid and approval of the formation of the local improvement district. uJ7d, Milo Mecham Hearings Official Dated: July 17, 1997 PAVING, AND RELATED IMPROVEMENTS, STORM SEWERS, AND STREET LIGHTING CONDUIT ON KINGSLEY ROAD - FORMATION OF A LOCAL IMPROVEMENT DISTRICT Page 2 336.... 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'Q>-l~ 1}. /l. /J' MEMORANDUM Date: July 9, 1997 From: Les Lyle, City Engineer To: Hearings Official SUBJECT: PAVING, CURBS, GUTTERS, SIDEWALKS, STORM SEWERS, AND STREET LIGHTING CONDUIT ON KINGSLEY ROAD FROM GOODPASTURE ISLAND ROAD TO 1000 FEET WEST (JOB #3418) BACKGROUND This project was initiated as a result of multiple property owners submitting irrevocable petitions as a condition of development (Sections 9.033(3) and 9.040(3)) that has occurred adjacent to Kingsley Road. The petitions represent property that will pay 86 percent of the assessable cost for the proposed local improvement district (LID). The City Engineer initiated the project, as provided for in the Eugene Code 7.160(8) on October 8, 1996. The property owners were notified of the pending local improvement district hearing ten (10) days prior to the hearing as required by Municipal Code. The project was advertised on June 17, 1997, and bids were opened July 3, 1997. The City received three (3) bids for this improvement project. The low bid was submitted by Eugene Sand & Gravel, Inc. in the amount of $202,518.00. PROJECT The project includes construction of 1,000 feet of 24 foot paving, curb, gutter, sidewalks, storm sewers and street lighting conduit. ASSESSMENT Costs listed below are the estimated assessment costs calculated from the low bid. 24' Paving Sidewalk $ 76.50/front foot $ 24.50/front foot Cost to City: $102,692 (illumination, islands, paving, storm sewer) RECOMMENDA TION The unit prices submitted with the low bid are comparable to other projects of similar size. Staff recommends approval of formation of the local improvement district. ",' I o ~.,,,,, ~ ..... ....., o .Jl- f\) ~ :- ::t ~ ~ Q ~ ~ .:t. ~Ob?~ ,.... 111--\ ..... ~ ~ ~ C> ~ \ ~ ~ S ~ ~ tI' '\ b ('\ ttl '-./ ~ V ~. '^ ..--...., C '~J 'b I ~ C> ~ ~ ").. I ~ t~ \ Cj ~ ~ ~ I't, ~ en :t N -~- ~ ~-..J COO ""0 ~ -...J ;j 0 -t- I C\ \ '--t: W '", ''''.r.- 'Q~ '~ ". 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