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Ord 2430 - LID CC/BF/Astor WayCOUNCIL BILL NO. 2701 ORDINANCE NO. 2430 AN ORDINANCE LEVYING ASSESSMENTS FOR THE IMPROVEMENTS OF COUNTRY CLUB ROAD BETWEEN BOONES FERRY ROAD AND ASTOR WAY. WHEREAS, the City Council reviewed and approved the engineering report on the improvement of Country Club Road between Boones Ferry Road and Astor Way; and WHEREAS, the City Council by Resolution No. 1834, declared its intent improve Country Club Road through a local Improvement District process, adopted the method of assessment, established a date for the public hearing; and WHEREAS, a public hearing on the formation of a LID was held on July 10, 2006 to receive input from affected property owners. No remonstrances were received by the city, and therefore, suspension and reconsideration by the city council is not required; and WHEREAS, the assessment to each benefited property is based upon the special benefit received for the said improvement using a distribution method as outlined in Ordinance 2407; and WHEREAS, legal notice of the public hearing on the proposed final assessment was provided and mailed to each owner of each lot proposed to be assessed at the address of record shown in the official records of Marion County; and WHEREAS, the final assessment hearing was conducted on February 25, 2008; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Total Assessable Cost. The actual assessable cost of the local improvement of Country Club Road between Boones Ferry Road and Astor Way is $273,300, which is hereby assessed against the property described herein the amounts listed. Page 1 - COUNCI L BILL NO. 2701 ORDINANCE NO. 2430 Section 2. Levy of Final Assessments - Assessment Roll. The City Council levies final assessments against the real property in the local improvement district as set forth on the Assessment Roll attached and incorporated as Exhibit "A." Section 3. Determination of Special Benefit. The City Council determines that each lot described on the Assessment Roll is specially benefited to the extent of the assessment set forth on the Assessment Roll against that lot. Section 4. Payment Options. Pursuant to ORS Chapter 223 (Local Improvements), benefited property owners have the following payment options: A. Full payment of the final assessment within 30 days of the effective date of this ordinance without incurring interest charges; or B. Installment payment plan over a ten (10) year period where annual payment will be made equal to 1 /10 of the cost of their share of the assessment plus interest. If an installment payment plan is elected by the benefited property owner and the outstanding lien is paid off before the end of the 10 -year period, interest will be calculated to the date of the lien payoff. Section 5. Interest. Pursuant to Section 10 of Ordinance No. 2407, the interest rate is established at 6.00% and the accrual rate shall start from the effective date of this ordinance unless payment is made within the first 30 days. Section 6. Notice of Assessment. The City Recorder shall send a notice of assessment to all owners of assessed property and publish notice of the assessments pursuant to the requirements of Ordinance No. 2105. Section 7. Defined Developer Contribution The city has received a developer contribution of $67,000 to fund the assessments of benefiting properties within Heritage Park Subdivision. Page 2 - COUNCI L BILL NO. 2701 ORDINANCE NO. 2430 Section 8. Refund of Overpayments. Estimated lien payments made prior to the enactment date of this ordinance in excess of the amount listed in Exhibit "A" shall be refunded. Interest shall be paid on the refunded amount at the rate of three point seventy five percent (3.75%) to be calculated from the date when payment was received by the City. Approved as to form: Passed by the Council Submitted to the Mayor Approved by the Mayor City Attorney March 10, 2008 March 12, 2008 March 12, 2008 Filed in the Office of the Recorder March 12, 2008 ATTEST: /V)l Mary Ten ant, City Recorder City of Woodburn, Oregon Page 3 - COUNCI L BILL NO. 2701 ORDINANCE NO. 2430 EXHIBIT "A" COUNTRY CLUB ROAD IMPROVEMENT DISTRICT ASSESSMENT ROLL (NOTE: ^^"Q' FE C4:121IICT"R!l"G" denotes tax lot or names, which have been modified since the adoption of the original ordinance) Map/Tax Lot Numbers Owner Assessment Amount 051 W07BA00500 Halieus LLC & A & C Ventures LLC DBA: Village by the Green $65,044.38 051 W07BA00600 City of Woodburn — Water Treatment Plant $57,442.03 Q41 of We (Merged with TL 600) 051W07BA00800 Corporation Presiding Bishop, Church of Jesus Christ of LDS $48,034.77 051W07BA00900 Marty Bonn's & Others, Woodburn Senior Living LLC; $35,203.82 051W07BA02900 Leach, Mark H & Julie $5,214.62 051W07BA03000 Krebeduenkel, Deiter K. & Wanda L. $3,289.11 051 W07BA03100 Rios, Ana L. $3,946.50 051W07BA03200 Hatch, Eugene R. &=Nao@#e $3,292.96 051W07BA09600 Sanchez -Ruiz, Carolina & Ruiz, Jesus, Jr. $3,399.96 051W07BA09700 Stidham, Alex $3,292.41 051 W07BA09800 Loftin, Ma $3,292.41 051W07BA09900 Leon, Antonin & Leon, Marina De $4,403.59 051W07BA10000 Andraca, Jorge Garcia $4,460.11 051W07BA10100 Cancino, Valerie S. &J" $3.292.41 051 W07BA10200 Bernhardt, Patrick W. $3,292.41 051 W07BA10300 Garcia -Perez, Policar a A. $3,292.41 051W07BA10400 Ran, Dale & Laura Simpson -Ryan $3,292.41 051W07BA10500 � Gleason, Juston W. & Jessica R $3,292.41 051W07BA10600 Zamora, Jose & Aida $3,292.41 051W07BA10700 Fernandez, Guadalupe $3,292.41 051W07BA10800 Fershweiler, Larry & Jolene $5,566.91 051W07BA10900 Awad, Ma ed & Zina $4,369.57 TOTAL $273,300 Page 4 — COUNCI L BILL NO. 2701 ORDINANCE NO. 2430