HomeMy WebLinkAboutResolution No. 4499
RESOLUTION NO. ~
A RESOLUTION FORMING A LOCAL IMPROVEMENT DISTRICT FOR
PAVING, CURBS, GUTTERS, SIDEWALKS, SANITARY AND STORM
SEWERS, AND STREET LIGHTING ON CRESCENT AVENUE FROM
CRESCENT MEADOWS TO GAME FARM ROAD. (JOB #3341)
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 Crescent Avenue from Crescent Meadows to Game Farm Road.
Section 2. The Council hereby orders the establishment of a local improvement district, on
Crescent Avenue from Crescent Meadows to Game Farm Road and in that district to pave, construct
curbs, gutters, sidewalks, sanitary and 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 th~ day of ~ 1996
If J!- ~.~
City Recor ~r
Resolution - 3
EUGENE HEARINGS OFFICIAL
FINDINGS AND RECOMMENDATIONS
SUBJECT:
PAVING, CURBS, GUTTERS, SIDEWALKS, SANITARY AND
STORM SEWERS ON CRESCENT A VENUE FROM CRESCENT
MEADOWS TO GAME FARM ROAD (JOB #3341)
BACKGROUND
This project was initiated by a irrevocable petition from the two developers who will bear 100%
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 November
14,1995. 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
21, 1996, and bids were opened July 2, 1996. The City received four (4) bids for this
improvement project. The low bid was submitted by Egge Sand & Gravel in the amount of
$307,641.00.
PROJECT
The project includes construction of 290 feet of 22 foot-wide paving (half street), with curb and
gutter, and 600 feet of 44 foot-wide paving,with curb, gutter, sidewalks, storm and sanitary
sewers.
ASSESSMENT
Costs listed below are the estimated assessment costs calculated from the low bid.
36' Paving
Sanitary lateral
Sidewalk
Storm sewer
$ 87.7 5/front foot
$ .25/square foot
$ 25.10/each
$ 0.04/square foot
Cost to City: $153,060
RECOMMENDA TION
Staff provided the Hearings Official with a memorandum which outlined the above information and
which recommended approval of the formation of the proposed district. A public hearing regarding
the proposed district formation was scheduled for 6:00 p.m. On July 3, 1996. Because no persons
indicated an interest in attending the hearing, the hearing was canceled.
Estimated costs are based on the low bid and are comparable to other projects of similar size and
nature. Staff has recommended approval of the formation of the local improvement district.
The Hearings Official finds that the proposed local improvement district would benefit the health,
safety and welfare of the citizens of Eugene in that it will provide necessary urban services,
consistent with Growth Management and the Urban Service Area Element Policy 8 of the
Eugene-Springfield Metropolitan Area General Plan.
Finally, the Hearings Official finds that the proposed assessments are calculated in accordance with
the Eugene Code and that the project is one for which the assessments are for a local improvement
Findings and Recommendations
Job #3341
Page 2 of 2
as set forth in ORS 310.140 because:
(1) The assessments do not exceed actual costs;
(2) The assessments are imposed for a Capital Improvement Construction Project which
provides a specific benefit to a specific property or rectifies the 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 payoff with interest over at least ten
(10) years.
Therefore, the Hearings Official recommends that the City Council adopt a resolution approving
the project, as recommended by staff, and authorizing construction.
Respectfully submitted,
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ar . Darnielle
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MEMORANDUM
Date:
July 3, 1996
From:
Robert J. Lankston, Acting City Engineer
To:
Hearings Official
SUBJECT:
PAVING, CURBS, GUTTERS, SIDEWALKS, SANITARY AND STORM
SEWERS ON CRESCENT AVENUE FROM CRESCENT MEADOWS TO
GAME FARM ROAD (JOB #3341)
BACKGROUND
This project was initiated by a irrevocable petition from the two developers who will bear 100%
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 November
14, 1995. 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
21, 1996, and bids were opened July 2, 1996. The City received four (4) bids for this improvement
project. The low bid was submitted by Egge Sand & Gravel in the amount of $307,641.00.
PROJECT
The project includes construction of 290 of a 22 foot paving (half street), curb, gutter, 600 feet of
44 foot paving, curb, gutter, sidewalks, storm and sanitary sewers.
ASSESSMENT
Costs listed below are the estimated assessment costs calculated from the low bid.
36' Paving
Sanitary lateral
Sidewalk
Storm sewer
$ 87. 75/front foot
$ .25/square foot
$ 25. 1 O/front foot
$ .04/square foot
Cost to City: $153,060
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.
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