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HomeMy WebLinkAboutResolution No. 4847 RESOLUTION NO, 4~47 A RESOLUTION FORMING A LOCAL IMPROVEMENT DISTRICT FOR PAVING, CONSTRUCTING CU~ GUTTER, SIDEWALKS, AND STOPdM WATER DRAINAGE SYSTEM ON DEBRICK ROAD FROM CLINTON D~VE TO VALLEY BUTTE D~VE, AND BUTTE LANE FROM CLINTON D~VE TO 700 FEET SOUTH. (JOB #4111) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a Mnnicipal 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 (EC), and after receiving the hearings officer's report, 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 Debrick Road from Clinton Drive to Valley Butte Drive, mad Butte Lane from Clinton Drive to 700 £~et south. Section 2. The Council hereby orders the establishment of a local improvement district on Debrick Road from Clinton Drive to Valley Butte Drive, and Butte Lane from Clinton Drive to 700 feet south and in that district to pave, construct curbs, gutters, sidewalks, and storm water drainage system 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 EC 7.175. Included in the cost shall be the overhead costs specified in EC 7.170 and whatever other special costs, such as acquisition of interests in real property, are necessary to make the hnprovements. Upon completion of the Improvements, the final costs therefbr 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 the Improvements are hereby characterized for purposes of the property tax limitation in Section 1 lb, Art. XI of the Oregon Constitution as assessments fYr 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, 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. The City of Eugene, Oregon expects to make expenditures from its available funds to pay for the costs of irr~provements to Debrick Road from Clinton Drive to Valley Butte Drive, and Butte lane from Clinton Dhve to 700 feet south (the "Project"). The City reasonably expects, and hereby declares its intent, to issue bonds or other obligations (the "Reimbursement Bonds") and to use the proceeds of the Reimbursement Bonds to reimburse the City for the Resolution- 1 expenditures made from the City's available funds for the Project. The City expects that the principal arnom~t of the Reimbursement Bonds will not exceed $234,895~ which represents the estimated assessment amount plus a margin of 10%. Section 6~ Lines of credit and other evidence of indebtedness authorized by City Council Resolution No. 4807 may be issued to finance the construction of the Improvements. Section 7. Proceeds from unbonded assessments, improvement bonds, ~breclosure 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 lmprovements is redeemed. Proceeds so deposited may be used only to pay the indebtedness issued to finance the Improvements. Section 8~ The City Manager, or the person designated in writing by the City Manager to act under Resolution No. 4807 may sign the evidence of indebtedness issued to finance the construction of the ~mprovements. Section 9. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution adopted the 18th day of July, 2005. Recorder Resolution - 2