HomeMy WebLinkAboutResolution No. 4772
RESOLUTION NO. 4772
A RESOLUTION FORMING A LOCAL IMPROVEMENT DISTRICT FOR
PAVING, CONSTRUCTING CURBS AND GUTTERS, SIDEWALKS,
MEDIAN, PARKING BAYS, STREET LIGHTS, STREET TREES, AND
STORM WATER DRAINAGE SYSTEM ON LONE OAK DRIVE FROM
DIVISION AVENUE TO 250' FEET EAST OF LONE OAK WAY.
(JOB #4058)
.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, 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 Lone Oak
Drive from Division Avenue to 250' East of Lone Oak 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
Lone Oak Drive from Division Avenue to 250' feet East of Lone Oak Way and in that district to
pave, construct sidewalks, curbs and gutters, median, parking bays, street lights, street trees, 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 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 the Improvements are hereby characterized for purposes of the
property tax limitation in Section 11 b, Art. XI ofthe 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. 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. 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, iflevied, 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, 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.
Section 9. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution adopted the a ~ day of ~~
, 2003.
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City Reco der
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