HomeMy WebLinkAboutResolution No. 4723
RESOLUTION NO. 4723
A RESOLUTION FORMING A LOCAL IMPROVEMENT DISTRICT FOR
PAVING, CURBS, GUTTERS, STREET LIGHTS, STREET TREES,
WASTEWATER SYSTEMS, DRAINAGE SYSTEMS, AND TRAFFIC
SIGNAL ON ROYAL AVENUE FROM TERRY STREET TO 1,000 FEET
WEST OF TERRY STREET. (JOB #4044)
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.), 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 benefitted properties on Royal Avenue from Terry Street to 1,000 feet west of Terry Street,
subject to the provisions of Section 4 of this Resolution.
Section 2. The Council hereby orders the establishment of a local improvement district on
Royal Avenue from Terry Street to 1,000 feet west of Terry Street and in that district to pave,
construct curbs, gutters, street lights, street trees, wastewater systems, drainage systems, a traffic
signal 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 E.C. 7.175 and Section 4 of this Resolution. 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
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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$l 0 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. 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 May 8, 2002, Lane County, by Board Order 02-5-8-5, has given
concurrence that the properties (Jones, Tax Lot #17042000 03800; Lydum, Tax Lot #17042911
00100; Heitz, Tax Lot #17042911 00200; Roos, Tax Lot #17042911 00300; Allen, Tax Lot
#17042911 00500; Nelson, Tax Lot #17042911 00600; Slagle/Hammer, Tax Lot #17042911 00700;
Morgan, Tax Lot #17042911 00800; Larsen, Tax Lot #17042911 00900) be included in the local
improvement district.
One property, (Jones, Tax Lot #170420000380), by Eugene Code definition, takes primary
access off Royal Avenue but will not be assessed for paving improvements on Royal Avenue. In
order to reach this conclusion, consideration has been given to the development state of the property,
and the fact that the driveway access is off Terry Street, that there have been past assessments for
the long frontage on Terry Street, and that additional driveways off the minor arterial of Royal
Avenue are not desirable.
Section 5. The City Council hereby declares that the construction of the Improvements, as
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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 6. 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 7. 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 8. The Mayor, City Manager pro tem, 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.
Section 9. This Resolution shall become effective immediately upon adoption.
The foregoing Resolution adopted the 24th day of June, 2002.
~iI~ L. JtiL/
City Recorder
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