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Ord 2440 - LID BF/ Goosecreek/ 214COUNCIL BILL NO. 2723 ORDINANCE NO. 2440 AN ORDINANCE LEVYING ASSESSMENTS FOR THE IMPROVEMENT OF BOONES FERRY ROAD BETWEEN STATE HIGHWAY 214 AND GOOSE CREEK. WHEREAS, the City Council reviewed and approved the engineering reports on the proposed improvement of Boones Ferry Road between State Highway 214 and Goose Creek on January 12, 2004; and WHEREAS, the City Council, by Resolution 1750, declared its intent to improve Boones Ferry 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 the LID was held on February 3, 2004 to receive input from affected property owners and insufficient remonstrance were received to suspend such improvement, 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 for each lot identified in Ordinance 2357; and WHEREAS, legal notice of the public hearing on the proposed final assessment was provided and mailed to the 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 May 12, 2008; NOW, THEREFORE, THE CITY OF WOODBU RN ORDAINS AS FOLLOWS: Section 1. Total Assessable Cost. The actual assessable cost of the local improvement of Boones Ferry Road between State Highway 214 and Goose Creek is $268..323.72,, which is hereby assessed against the property described herein the amounts listed. 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 at 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. Page 1 - Council Bill No. 2723 Ordinance No. 2440 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. 1 nterest. Pursuant to Section 11 of Ordinance No. 2357, the interest rate is established at 5.890 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 assessments pursuant to the requirements of Ordinance 2105. Approved as to form: �' �� 70OF .� 2 2 PP City Attorney Date_ t Approv d: �tqhrynHiiley,ayor Passed by the Council May 27, 2 8 Submitted to the Mayor May 28, 2008 Approved by the Mayor May 28, 2008 Filed in the Office of the Recorder May 28, 2008 ATTEST: Mary T Want City Recorder City of Woodburn, Oregon Page 2 - Council Bill No. 2723 Ordinance No. 2440 EXHIBIT "A" BOONES FERRY ROAD (State Highway 214 to Goose Creek) ASSESSMENT ROLL (NOTE: nff ni l I r-: c-rDi��-ruoni �nuDenotes tax lot or names, which have been "o modified since the adoption of the original ordinance) UNMODIFIED PROPERTIES Map/Tax Lot Numbers Owner Assessment Amount 051 W07CA00500 First Presbyterian Church of Woodburn $24,050.38 051 W07CA00400 Boones Ferry Development Co. $21,381.95 051 W07CA00300 . Frank, Bradford Loeffler $5,366.01 051W07CA00200 Caba, Nicholas Rust U/T/A & Caba, Nicholas, P. $7,098.09 051 W07CA00100 Woodburn Ambulance Service $7,255.30 051W07BD02501 Bershen le Enterprises LLC $2,866.51 051W07BD02500 Webstar III LLC c/o Engle, Robert $3,089.83 051 W07BD02400 Cornwell Family LTD Partnership $9,401.36 051W07BD02300 Woodburn School District No. 103C $187,814.29 TOTAL $268)323.72 Page 3 - Council Bill No. 2723 Ordinance No. 2440