HomeMy WebLinkAboutResolution No. 4789
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COUNCIL RESOLUTION NO. 4789
A RESOLUTION FORMING A LOCAL IMPROVEMENT DISTRICT FOR
PAVING, CONSTRUCTING CURBS AND GUTTERS, SIDEWALKS,
MEDIAN, STREET LIGHTS, TRAFFIC SIGNAL, STREET TREES,
WASTEWATER AND STORM WATER DRAINAGE ON GARDEN WAY
FROM SISTERS VIEW AVENUE TO MARTIN LUTHER KING JR.
BOULEVARD, AND THE NORTH SIDE OF MARTIN LUTHER KING JR.
BOULEVARD FROM MARCHE CHASE DRIVE TO 1-5. (JOB #3502)
PASSED: 4/2
REJECTED:
OPPOSED: Bettman, Taylor
ABSENT: Meisiner, Nathanson
CONSIDERED: April 12, 2004
EFFECTIVE: Immediately
RESOLUTION NO. 4789
A RESOLUTION FORMING A LOCAL IMPROVEMENT DISTRICT
FOR PAVING, CONSTRUCTING CURBS AND GUTTERS, SIDEWALKS,
MEDIAN, STREET LIGHTS, TRAFFIC SIGNAL, STREET TREES,
WASTEWATER AND STORM WATER DRAINAGE ON GARDEN WAY
FROM SISTERS VIEW AVENUE TO MARTIN LUTHER KING JR.
BOULEVARD, AND THE NORTH SIDE OF MARTIN LUTHER KING
JR. BOULEVARD FROM MARC HE CHASE DRIVE TO 1-5. (JOB #3502)
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 (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 Garden Way from Sisters View Avenue to Martin Luther King Jr. Boulevard, and
the north side of Martin Luther King Jr. Boulevard from Marche Chase Drive to 1-5, subject to
the provisions of Section 4 of this Resolution.
Section 2. The Council hereby orders the establishment of a local improvement district
on Garden Way from Sisters View A venue to Martin Luther King Jr. Boulevard, and the north
side of Martin Luther King Jr. Boulevard from Marche Chase Drive to 1-5 and in that district to
pave, construct or install sidewalks, curbs and gutters, median, street lights, traffic signal, street
trees, wastewater, and storm water drainage 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 and Section 4 of this Resolution. Included
in the cost shall be the overhead costs specified in EC 7.170 and whatever other special costs,
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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 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 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. Several of the properties proposed for inclusion in the local improvement
district are located outside the boundaries of the City. Under provisions of state law, the
concurrence of the Lane County Board of Commissioners is required for inclusion of the
properties in the local improvement district. On December 3, 2002, Lane County, by Board
Order 03-12-3-8, has given concurrence that the properties (Gorman, Tax Lot #17033312 00802;
White, Tax Lot #17032840 01800; Wylie, Tax Lots #17032840 00103, #17032840 00100, and
#1703284000102; Robinson, Tax Lots #17032840 01900 & 02000; Chase, Tax Lot #17032840
02103; Brenaman, Tax Lot #17032840 02200; and Thompson, Tax Lot #17032840 01101) be
included in the local improvement district.
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, 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. The City of Eugene, Oregon expects to make expenditures from its available
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funds to pay for the costs of improvements to Garden Way from Sisters View Avenue to Martin
Luther King J. Boulevard, and the north side of Martin Luther King Jr. Boulevard from Marche
Chase Drive to 1-5 (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 expenditures made from the City's available
funds for the Project. The City expects that the principal amount of the Reimbursement Bonds
will not exceed $1,019,988.08.
Section 7. 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 8. 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 9. 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.
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Section 10. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution adopted the 12th day of April, 2004.
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~ity Recorder
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