HomeMy WebLinkAboutResolution No. 4806 COUNCIL RESOLUTION NO. 4806
A ~SOLUTION FORMING A LOCAL IMPROVEMENT
DISTRICT FOR CONSTRUCTING SIDEWALKS, CURBS,
GUTTERS, CONDUIT, AND STORAVIWATER DRAINAGE
SYSTEM ON SANTA CLARA AVENUE FROM RIVER
ROAD TO APPROXIMATELY 600 FEET WEST. (JOB
#4~08)
PASSED: 7/0
REJECTED:
OPPOSED:
ABSENT: Meisner
CONSIDERED: August 9, 2004
RESOLUTION NO. 4806
A RESOLUTION FORMING A LOCAL IMPROVEMENT DISTRICT FOR
CONSTRUCTING SIDEWALKS, CURBS, GUTTERS, CONDUIT, AND
STORMWATER DRAINAGE SYSTEM ON SANTA CLARA AVENUE
FROM RIVER ROAD TO APPROXIMATELY 600 FEET WEST. (.lOB ff4108)
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 par~ of the costs thereof to the specially benefitted properties on Santa Clara
Avenue from River Road to approximately 600 feet west.
Section 2. The Cotmcil hereby orders the establishment of a local improvement district on
Santa Clara Avenue from River Road to approximately 600 feet west and in that district to construct
or install sidewalks, curbs and gutters, conduit, stormwater drainage and related improvements Cthe
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, 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 74240. The assessments to be lewed for the Improvements are hereby
characterized for purposes of ~he property tax limitation in Section 1 lb, Art. XI of the Oregon
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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, is attthorized 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 improvements to Santa Clara Avenue from River Road to approximately
600 feet west (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 $130,659.08 plus 10%.
Section 6, 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 7. Proceeds from unbonded assessments, improvement bonds, foreclosure of liens
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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 8. 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.
Section 9. This Resolution shall become effective imrnediately upon its adoption.
The foregoing Resolution adopted the 9th day of August, 2004.
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Cit~ Recorder
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