HomeMy WebLinkAboutResolution No. 4633
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COUNCIL RESOLUTION 4633
A RESOLUTION FORMING A LOCAL IMPROVEMENT DISTRICT
FOR A SOUND BARRIER WALL ALONG THE NORTH SIDE OF 1-105
FROM GARDEN WAY TO 200 FEET WEST OF RUSTIC PLACE.
(JOB #3558)
DATE SUBMITTED: June 12, 2000
PASSED: 7/0
OPPOSED:
ABSENT: Nathanson
REJECTED:
DEFERRED TO:
RESOLUTION NO. 4633
A RESOLUTION FORMING A LOCAL IMPROVEMENT DISTRICT FOR
A SOUND BARRIER WALL ALONG THE NORTH SIDE OF 1-105 FROM
GARDEN WAY TO 200 FEET WEST OF RUSTIC PLACE. (JOB #3558)
The City Council of the City of Eugene finds that:
A. A petition requesting construction of a traffic noise reduction wall along the north
side of 1-105 from just West of Garden Way to approximately 200 feet West of Rustic Place was
initiated by property owners within the proposed assessment district and other concerned property
owners within the area.
B. Commitments were obtained from Lane County for 25% of the cost of the project,
the City of Eugene for 12.5% of the cost of the project, Oregon Department of Transportation
(ODOT) for 50% of the cost ofthe project, and the remaining 12.5% ofthe project costs will be paid
for by assessment of the property owners within the improvement district. The City's portion of the
project cost was funded in the 1998 CIP, and intergovernmental agreements are in place confirming
the contributions of Lane County and ODOT.
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a
Municipal Corporation of the State of Oregon, as follows:
Section 1. Based on the above findings, which are hereby adopted, 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
orders the establishment ofa local improvement district along the north side ofI-I05 from Garden
Way to 200 feet west of Rustic Place and in that district to construct a sound barrier wall (the
"Improvement"), and assess part of the costs thereof to the specially benefitted properties within the
district as set forth in this Resolution.
Section 2. The costs of the Improvement shall be borne by, and assessed to the properties
in the district in accordance with E.C. 7.175 and this Resolution. Properties specially benefitted shall
be assessed as follows: the assessments shall be prorated on a per lot basis with the ratio between
lots in tier one being 8/11 and lots in tier two being 3/11, as generally depicted on the maps attached
as Exhibits A and B. Upon completion of the Improvement project 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. 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
Resolution - 1
necessary to make the improvements. The assessments to be levied for this Improvement project are
hereby characterized for purposes of the property tax limitation in Section II 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 3. 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 4. 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 5. 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 6. 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 June, 2000
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City Recorder
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