HomeMy WebLinkAboutResolution No. 4574
RESOLUTION NO. ~57f
A RESOLUTION FORMING A LOCAL IMPROVEMENT DISTRICT FOR
PAVING, CURBS, GUTTERS, SIDEWALKS, WASTEWATER AND
STORMWATER, STREET LIGHTS, AND STREET TREES ON AVALON
STREET FROM TERRY STREET TO 2,700 FEET WEST OF TERRY
STREET. (JOB #3666)
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 Avalon Street from Terry Street to 2,700 feet west of Terry Street.
Section 2. The Council hereby orders the establishment of a local improvement district, on
Avalon Street from Terry Street to 2,700 feet west of Terry Street and in that district to pave and
construct curbs, gutters, sidewalks, wastewater and stormwater, street lights, and street trees 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
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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 subj ect 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
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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!!L.ttff Z ; 99#?-
City Recorder
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