HomeMy WebLinkAboutResolution NO. 4736
RESOLUTION NO. 4736
A RESOLUTION FORMING A LOCAL IMPROVEMENT DISTRICT FOR
PAVING, CONSTRUCTING SIDEWALKS, WASTEWATER SYSTEMS,
STORMWATER SYSTEMS, STREET LIGHTS AND TREES ON LEGACY
STREET FROM AVALON STREET TO BABE RUTH LANE, AND ON
AVALON STREET FROM LEGACY STREET TO HAVITURE WAY. (JOB
#3990)
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 Legacy Street from Avalon Street to Babe Ruth Lane, and on
Avalon Street from Legacy Street to Haviture Way, subject to the provisions of Section 4 of this
Resolution.
Section 2. The Council hereby orders the establishment of a local improvement district, on
Legacy Street from Avalon Street to Babe Ruth Lane, and on Avalon Street from Legacy Street to
Haviture Way and in that district to pave, construct sidewalks, wastewater systems, stormwater
systems, street lights and street trees 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
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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 $1 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. Three of the properties proposed for inclusion in the local improvement district
have frontages greater than 100 feet but will be assessed under the special circumstances clause in
E.C.7.175(3)b. Greenhill Village LLC (Tax Lot #1704200001900) is an a undeveloped property.
Under provisions of the E. C. 7.17 5( 5)( f) the property would not be assessed at the present time, and
frontage costs would be collected with an equivalent charge at time of development. This property
is the only parcel of land on the south side of Avalon and the City cannot proceed with the
improvement project of Avalon under this funding scenario. The property owner has agreed with
the City to be assessed for the full frontage under the E.C .7.175(3)b special circumstance clause,
so that the City will be able to move forward with construction at this time. Bethel School District
and City of Eugene Parks (Tax Lot #17042021 00900) has frontage greater than 100 feet. This parcel
is zoned residential, but the use is permitted as a conditional use in residential zoning so it will be
assessed as a non-residential property. This parcel will be assessed at full frontage. Tax Lot #
#17042023 00100, owned by Bruce Weichart Custom Homes, is very close to final approval for
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Harvest Ridge 5th and 6th Additions subdivisions. There is an irrevocable permit for the Legacy
Street, wastewater and related improvements for this property. The final calculations of assessments
will be based on the subdivision that will exist when calculations are done. One lot within the
proposed subdivision will be less than ~ acre, have a frontage of over 100 feet, and will be assessed
for the full frontage.
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, 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.
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Section 8. 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 12th day of August, 2002.
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City Recorder
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