HomeMy WebLinkAboutResolution No. 4559
RESOLUTION NO. 4559
A RESOLUTION FORMING A LOCAL IMPROVEMENT DISTRICT FOR
PAVING, CURBS, GUTTERS, STREET LIGHTS, PEDESTRIAN SIGNAL,
STREET TREES, FORCE MAIN, AND STORM DRAINAGE SYSTEMS ON
BARGER DRIVE FROM TERRY STREET TO GREENHILL ROAD;
PAVING, CURBS AND GUTTERS, STREET LIGHTS, STREET TREES,
WASTEWATER AND STORM DRAINAGE SYSTEMS IN THE NEW
NORTH/SOUTH STREET (LEGACY STREET) ALONG THE WEST SIDE
OF THE BETHEL SCHOOL DISTRICT #52 PROPERTY - TAX 17-04-20-
01400; WASTEWATER SYSTEM ALONG THE SOUTH, EAST, AND
NORTH BOUNDARIES OF THE BETHEL SCHOOL DISTRICT #52
PROPERTY TAX LOT #17-04-20-01400. (JOB #3503)
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 proj ect,
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 Barger Drive from Terry Street to Greenhill Road and in the new north/south street
(Legacy Street) and along the west side of the Bethel School District #52 and along the south, east,
and north boundaries of the Bethel School District #52 property Tax Lot #17-04-20-01400.
Section 2. The Council hereby orders the establishment of a local improvement district, on
Barger Drive from Terry Street to Greenhill Road and in the new north/south street (Legacy Street)
and along the west side of the Bethel School District #52 and along the south, east, and north
boundaries of the Bethel School District #52 property Tax Lot #17-04-20-01400 and in that district
Resolution - 1
to pave; construct curbs, gutters, force main, wastewater and storm drainage systems and sidewalks;
and to install street lights, pedestrian signal, and street trees.
Section 3. The costs of the Improvements, except for the force main, which are excluded
pursuant to E.C. 7.175(1)(e), 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 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 these 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
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 6th day of April, 1998.
~~
City Recorder ~,
Resolution - 3