Ord 2418 - Tout St Improvements
COUNCIL BILL NO. 2663
ORDINANCE NO. 2418
AN ORDINANCE RELATING TO IMPROVEMENTS OF TOUT STREET BETWEEN
SETTLEMIER A VENUE AND SOUTH FRONT STREET, ADOPTING THE LOCAL
IMPROVEMENT DISTRICT, DIRECTING THE CONTRACT AWARD, PROVIDING
FOR PAYMENT OF COSTS THROUGH ASSESSMENT OF PROPERTIES IN THE
LOCAL IMPROVEMENT DISTRICT.
WHEREAS, the City Council considers the improvement of Tout Street to be necessary
and beneficial; and
WHEREAS, The City Council has authority to initiate the Local Improvement District
improvement and procedure process as per Ordinance No. 2105, and
WHEREAS, The City Council by adopting Resolution No. 1826, instructed the City
Engineer to prepare the engineering report for the improvements; and
WHEREAS, the City Council reviewed and approved the engineering report on the
improvement of Tout Street on June 26, 2006; and
WHEREAS, the City Council by Resolution No. 1853, declared its intent to improve
Tout Street through a Local Improvement District process, adopted the method of assessment,
established a date for the public hearing; and
WHEREAS, the Public Hearing was held on April 23, 2007 to receive input from
affected property owners. Only one written remonstrance was received by the city, and therefore,
suspension and reconsideration by the city council is not required; NOW, THEREFORE
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
SECTION 1.
INTENT TO IMPROVE
The City Council deems it necessary and hereby declares its intention to order the
following improvements of Tout Street between Settlemier Avenue and South Front
Street. Tout Street is to be improved in accordance with the Woodburn Transportation
Plan (TSP) as a Local Street. This cross section as identified in the TSP provides two
travel lanes, on-street parking and sidewalks both sides. The improvement will be
complete with curbs, drainage improvements, street lighting.
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ORDINANCE NO. 2418
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SECTION 2. PROPOSED METHOD OF FUNDING:
The funding mechanism to accomplish this project includes the following:
A. CITY SUPPORT:
Budgeted approved funds for the improvement of Tout Street
B. ASSESSMENT AGAINST BENEFITING PROPERTIES:
Limited to the cost associated with the improvement of Tout Street to a local
residential standard.
SECTION 3. BOUNDARY OF THE PROPOSED LOCAL IMPROVEMENT
DISTRICT:
The property subject to the assessment of this district will be to those properties that are
adjoining Tout Street, as described below:
Beginning at the Southeast corner of lot 2, Tout's Addition to the City Of Woodburn,
situated in Township 5 South, Range 1 West, Section 18 Marion County Oregon; Thence
Northwesterly long along the Southerly boundary line of said lot 2 to the Southwest
comer thereof; Thence Southeasterly along the East line of that Certain Tract of land as
recorded in deed Reel 2266, Page 421 Marion County Deed Records, to the Southeast
comer thereof; Thence Northwesterly along the South line of said Reel 2266, Page 421 to
the Southwest corner thereof; Thence Northeasterly along the West line of said Reel
2266, Page 421 to the Southeast comer of lot 8 of said Tout's Addition; Thence
Northwesterly to the Southwest comer of lot 10 of said Tout's Addition; Thence
Northeasterly along the West line of said Tout's Addition to the Northwest comer of the
certain tract of land as recorded in deed Reel 2333, Page 081 , Marion County Deed
Records; Thence Southeasterly to the Northeast Corner ofthat Certain Tract ofland as
recorded in deed Reel 1288, Page 050 Marion County Deed Records; Thence
Southwesterly along the East line of said Reel 1288, Page 050 to the Northwest corner of
Lot L Woodcrest Addition to the City of Woodburn as recorded in Volume 26, Page 15,
Marion County Book of Town Plats; Thence Southeasterly along the North line of said
Lot 1 to the Northeast comer thereof; Thence Northeasterly to the Northwest corner of
certain tract of land recorded Reel 242, Page 832 Marion County Deed Records; Thence
Southeasterly along the North line of Said Reel 242, Page 832 to the Northeast comer
thereof; Thence Southeasterly along the East line of said Reel 242, Page 832 to the
Northwest comer of that certain tract ofland recorded in Reel 1700, Page 385, Marion
County Deed Records; Thence Southeasterly along the North line of said Reel 1700,
Page 385 to the Northeast comer thereof: Thence along the East line of said Reel 1700,
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ORDINANCE NO. 2418
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Page 385 to the Northwest comer of the certain tract of land recorded in Reel 1239, Page
515 Marion County Deed Records; Thence Southeasterly along the Northerly line of said
Reel 1239, Page 515 to the Northeast comer thereof; Thence Southeasterly along the
West line said Tout's Addition to the Place of Beginning
A map showing the above described district boundary is attached as Exhibit 1 and those
properties within that boundary are identified in Section 4.
SECTION 4. PROPERTIES WITHIN THE LOCAL IMPROVEMENT
DISTRICT:
MARION
COUNTY TAX LOT # ADDRESS PROPERTY OWNER
MAP #
051W18BC 2100 598 Settlemier Ave. Doman, Ruth, Stephen and Sheree
051W18BC 8500 620 Settlemier Ave. Glavnik, Niclolay & Lyudmila
051W18BC 2000 263 Tout Street Garcia, Abel, Ofelia & Huapeo Alfonso
051W18BC 1900 207 Tout Street Nobles, Marian
051W18BC 8600 202 Tout Street Carlson, Noah & Eulalia
051W18BC 1800 197 Tout Street Koffler, Frieda
051W18BC 8700 188 Tout Street Perfecto, Jose
051W18BC 1700 175 Tout Street Daurov, Ivan & Lyubov
051W18BC 1600 125 Tout Street Zavaleta, Perla Perez
051W18BC 9300 707 Front Street Astorga, Jose Abel Torres & others
SECTION S. COST ALLOCATION DETERMINATION ACCORDING TO THE
BENEFIT RECEIVED:
A. PROPOSED DISTRIBUTION METHOD OF PROJECT ASSESSMENT
COST
I. Adjoining Lineal Footage Method: It is being proposed that 50% of the
project assessment cost be allocated against adjoining footage units. This will
include adjoining front lot and side lot footage
2. Lot Area Method: It is being proposed that 50% of the project assessment
cost be allocated against lot area units. This will include adjoining front lot
and side lot area.
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ORDINANCE NO. 2418
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B. PROPERTY BENEFIT DETERMINATION:
1. Properties in the Local Improvement District are determined to benefit from
the improvement in proportion as stated below:
a. Properties Determined to Receive Full Benefit for Lineal Footage and
Area
The lineal footage of the property adjoining proposed improvement
and having direct access to Tout Street are determined to receive
100% of the benefit. Therefore 100% of adjoining frontage will be
used to distribute the assessment cost
11 The area of the property adjoining the proposed improvement and
not adjoining any other public street other then Tout Street is
determined to receive 100% of the benefit. Therefore 100% of
adjoining front lot area will be used to distribute the assessment
cost
b. Properties Determined to Receive Reduced Benefit for Lineal Footage and
Area
The lineal footage of the property adjoining the proposed
improvement with no direct access to Tout Street are determined to
receive 50% of the benefit. Therefore only 50% of the length of
adjoining side footage will used to calculate assessment cost.
11 The area of the property adjoining the improvement and also
adjoining another Public Street other then Tout Street is
determined to receive 50% of the benefit. Therefore only 50% of
the area of adjoining side lot area will used to calculate assessment
cost.
C. COST ALLOCATION UNITS USED IN ASSESSMENT AND DEFINING
THESE UNITS (Adjoining Lineal Footage, Lot Area and
Driveway Approach):
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ORDINANCE NO. 2418
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1. UNIT USED FOR ADJOINING LINEAL FOOTAGE
a. UNIT OF LINEAL FRONT LOT FOOTAGE: All improved
and unimproved properties with front lot frontage and direct access
to Tout Street.
b. UNIT OF SIDE LOT FOOT AGE: All Improved and
unimproved properties with adjoining side lot footage with no
direct access to Tout Street.
2. UNIT USED FOR PROPERTY AREA
a. UNIT OF PROPERTY FRONTING LOT AREA: All improved
and unimproved properties with Tout Street frontage and not
adjoining any other public street
b. UNIT OF SIDE LOT AREA: All improved and unimproved
properties adjoining Tout Street and also adjoining another public
street
3. UNIT USED FOR DRIVEWAY APPROACH: Driveway approach to a lot
will be assessed as a unit for flate rate assessment.
SECTION 6. ENGINEERS PROJECT COST ESTIMATE:
The estimated cost of improving
Tout Street in conformance
with a local residential street
standard.
$ 113AOO
TOT AL PROJECT COST
$ 113.400
Note: Estimated costs includes construction engineering, administration, contingency and
permits
SECTION 7. DISTRIBUTION OF PROJECT COST:
A. PROJECT COST TO BE FUNDED BY THE CITY
Costs that are not to be assessed
1.
Cost sharing by the city as approved
by council policy and supported by
approved budget
$ 81,900
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ORDINANCE NO. 2418
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TOTAL TO BE FUNDED BY THE CITY
=
$ 81.900
B, STREET COST TO BE DISTRIBUTED
AGAINST THE BENEFITED PROPERTIES
Cost to be distributed against the
benefiting properties for a standard
local residential street cross section
less the cost share by the city
$113,400 - $81,900
$31,500
C. DISTRIBUTION OF COST ACCORDING
TO DEFINED UNITS
Drive Approaches
7 approaches @ $500/EA.
$3,500
11
Lineal footage plus lot area
(property assessment share less
drive approach cost)
$31,500-$3,500
$28,000
III
Lineal footage or lot area
assessment amount
(distributed equally 50%)
$28,000/2
$14,000
SECTION 8. UNIT COST ANALYSIS AND DETERMINATION:
A. NUMBER OF COST UNITS FOR INDIVIDUAL PROPERTY
MARION
COUNTY TAX ADDRESS AREA LINEAL PROPERTY OWNER
MAP # LOT # ACRES FRONT
FOOTAGE
051W18BC 2100 598 Settlemier. * 0.135 *40 Doman, Ruth, Stephen and Sheree
051W18BC 8500 620 Settlemier * 0.103 *54.6 Glavnik, Niclolav & Lvudmila
051W18BC 2000 263 Tout Street 0.210 43 Garcia, Abel, Ofelia & Huaoeo Alfonso
051W18BC 1900 207 Tout Street 0,144 74.3 Nobles, Marian
051W18BC 8600 202 Tout Street 0.230 100 Carlson, Noah & Eulalia
051W18BC 1800 197 Tout Street 0.215 75 Koffler, Frieda
051W18BC 8700 188 Tout Street 0.374 100 Perfecto, Jose
051W18BC 1700 175 Tout Street 0.146 60 Daurov, Ivan & Lvubov
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051W18BC 1600 125 Tout Street *0.066 100 Zavaleta, Perla Perez
051W18BC 9300 707 Front St. * 0.115 *50 Rios, Ana & Molina Aleiandrina AstorQa
TOTAL 1.805 696.9
* Denotes Area or Footage Reduced by 50%.
B. COST DETERMINATION FOR LINEAL FRONT FOOTAGE:
Estimated cost of the street improvements to
be funded by property assessments for the improvement
to Tout Street
$ 14,000
Total footage within the assessment district
(Includes 100% front footage and 50% of side footage)
696.9 LF
Cost per lineal foot of frontage
$20.09/LF
C. COST DETERMINATION FOR PER ACRE AREA
Estimated cost of the street improvements to
be funded by property assessments for the improvement
to Tout Street
$ 14,000
Total area adjoining Tout Street
within the assessment district.
(Includes 100% of fronting lot area
and 50% of side lot area)
1.805 acres
Area cost, per acre
$ 7,756.23/AC
D. EACH DRIVEWAY APPROACH COST
The driveway approach to lot requiring access
to Tout Street will be assessed at a flat rate.
$500/ea.
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ORDINANCE NO. 2418
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SECTION 9. INDIVIDUAL ESTIMATED PROPERTY ASSESSMENTS:
A. ESTIMATED ASSESSMENT COST BASED ON APPROACH, AREA AND
LINEAL FRONT FOOT AGE
TAX COST COST COST TOTAL
LOT # ADDRESS PROPERTY OWNER OF BASED BASED ON ASSESSMENT
APPROACH ON AREA FOOTAGE
598 Settlemier Doman, Ruth, Stephen
2100 Ave. and Sheree $0.00 $1,086.83 $803.50 $1,890.33
620 Settlemier Glavnik, Niclolay &
8500 Ave. Lvudmila $0.00 $833.24 $1,097.78 $1,931.02
263 Tout Garcia, Abel, Ofelia &
2000 Street Huaoeo Alfonso $500.00 $1,690.63 $863.76 $3,054.39
207 Tout Nobles, Marian
1900 Street $500.00 $1,159.29 $1,492.50 $3,151.79
202 Tout Carlson, Noah & Eulalia
8600 Street $500.00 $1,851.64 $2,008.75 $4,360.39
197 Tout Koffler, Frieda
1800 Street $500.00 $1,730.88 $1,506.56 $3,737.44
188 Tout Perfecto, Jose
8700 Street $500.00 $3,010.93 $2,008.75 $5,519.68
175 Tout Daurov, Ivan & Lyubov
1700 Street $500.00 $1,175.39 $1,205.25 $2,880.64
125 Tout Zavaleta, Perla Perez
1600 Street $500.00 $535.37 $2,008.75 $3,044.12
707 Front Rios, Ana & Molina
9300 Street Aleiandrina Astorga $0.00 $925.82 $1,004.38 $1,930.20
$3,500.00 $14,000.00 $14,000.00 $31,500.00
SECTION 10.
PAYMENT PLAN FOR ASSESSMENT:
A twenty-year (20) payment plan is proposed for the assessment obligation.
SECTION 11.
INTEREST RATE:
The Finance Director is authorized to develop a schedule and charge an interest rate,
which does not exceed one-half (112) percent above the estimated net effective rate of
bond sale. The interest rate is fixed at 6.25 percent.
SECTION 12.
FUNDING METHODS:
The improvement costs for the project will be supported utilizing two funding sources,
the LID property assessments and council approved city support.
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ORDINANCE NO. 2418
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SECTION 13
FUNDING SUMMARY:
PROJECT FUNDING REQUIRED
$ 113,400
A. CITY SUPPORT
State Revenue Sharing
Street/Strom CIP
General Fund to CIP
Gax Tax ( Asphalt Rehab Portion)
$ 28,800
$ 17,100
$ 28,800
$ 7,200
SUB TOTAL =
$ 81.900
B.
LID PROPERTY ASSESSMENTS
$ 31,500
SUB TOTAL =
$31.500
FUNDING TOTAL
$ 113.400
SECTION 14.
MAXIMUM LIMIT OF ASSESSMENT AMOUNT:
The assessment amounts shown in this document shall be fixed as the maximum amount
to be assessed against the properties for the said improvement. Any cost over runs will be
absorbed by the city.
SECTION 15
CONTRACT METHOD
The contract award will be in conformance with public contracting laws and regulations.
SECTION 16
AUTHORIZATION OF BOND SALE
Staff is hereby authorized to utilize interfund borrowing until bond sale is needed. The
Finance Director is further authorized to proceed with the sale of bonds and/or the
issuance of short term notes to finance the assessment portion of the project if needed.
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ORDINANCE NO. 2418
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Approved as to form: ,').' I ~ <' f',.,- .~
City Attorney
.JJ l/Z-'l
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Date
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Passed by Council
Submitted to the Mayor
May 16, 2007
Approved by the Mayor
May 16, 2007
Filed in the otlice of the Recorder
May 16. 2007
J /- .-t.
Attest: /1 f{~ .-/. /\.--r'~'~
Mary T nant, City Recorder
City of Woodburn, Oregon
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ORDINANCE NO. 2418
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