Ord 2357 - Boones Ferry Rd LID Hwy 214 to Goosecreek
COUNCIL BILL NO. 2501
ORDINANCE NO. 2357
AN ORDINANCE RELATING TO IMPROVEMENTS OF BOONES FERRY ROAD
FROM STATE mGHW A Y 214 AND GOOSE CREEK, ADOPTING THE LOCAL
IMPROVEMENT DISTRICT, DIRECTING THE CONTRACT AWARD, PROVIDING
FOR PAYMENT OF COSTS THROUGH ASSESSMENT OF PROPERTIES IN THE
LOCAL IMPROVEMENT DISTRICT; AND DECLARING AN EMERGENCY.
WHEREAS, the City Council considers the improvement of Boones Ferry Road from
State Highway 214 to Goose Creek 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 instructed the City Engineer to prepare the engineering
report for the improvements; and
WHEREAS, the City Council reviewed and approved the engineering report for the
improvement to Boones Ferry Road on January 12, 2004; and
WHEREAS, the City Council by Resolution No. 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, the Public Hearing was held on February 23, 2004 to receive input from
affected property owners and insufficient remonstrance were received to suspend such
improvement: 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 ofBoones Ferry Road from State Highway 214 to Goose Creek.
The improvement Boones Ferry Road from State Highway 214 to the Goose Creek (the
existing improved portion) will be widened to 63 feet in width and improved with curb and
sidewalk both sides. The cross section will provide for four lanes that taper down to three
lanes at Goose Creek. The proposal includes one travel lane in each direction, plus a
southbound lane for right turns and a center turn lane that becomes a left turn lane at the
intersection. Bike lanes and sidewalks will be provided on both sides with the
improvement. The sidewalk on the west side will be widened to seven feet, instead of the
PAGE 1- COUNCIL BILL NO. 2501
ORDINANCE NO. 2357
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standard five feet to provide for the increased volume of pedestrian traffic from the school.
The improvement will include street lighting and the undergrounding of overhead utilities.
SECTION 2.
PROPOSED METHOD OF FUNDING
The funding mechanism to accomplish this project includes the following:
A. CITY FUNDS INCLUDING ODOT PROVIDED FUNDS:
1 Street CIP Funds
11 Traffic Impact Funds
111 Surface Transportation
Program (STP) Funds
From OnOT
B. ASSESSMENT AGAINST THE PROPERTIES:
Other than the city and ODOT support, it is proposed that all other costs
associated with the Boone Ferry Improvement Project, starting approximately 50
feet north of the intersection of Highway 214, be assessed against benefiting
properties. The assessment cost is proposed to include one third of the
undergrounding of utilities to be funded.
Properties within the district that have existing curbs and/or sidewalks
adjacent to Boones Ferry Road will be credited the replacement of improvement
cost, the proposed assessments will be reduced by that amount.
SECTION 3. BOUNDARY OF THE PROPOSED LOCAL IMPROVEMENT
DISTRICT:
The property subject to the assessment of this district are those properties within the
following described boundary:
Beginning at the Southwest corner of the Henrys Farm Subdivision, as recorded in
Volume 41, Page 46, Marion County Book 0 fTown Plats: Thence Easterly along the
south line of said subdivision to the Southeast corner thereof; Thence Easterly along an
Easterly extension ofthe South line of said Henry's Farm Subdivision to a point on the
West line of Lot 36, Miller Farm Subdivision, Marion County Book of Town Plats Vol.
40, Page 24; Thence Southwesterly along the Westerly line of said Miller Farm
Subdivision to the Southwest corner of Lot E of said subdivision; Thence Southeasterly
along the South line of said Lot E to the Southwest corner oflot 6, Northwood Plaza
Addition NO.1 Subdivision as recorded in Volume 35, Page 12, Marion County Book of
PAGE 2- COUNCIL BILL NO. 2501
ORDINANCE NO. 2357
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Town Plats; Thence Southeasterly along the south line of said lot 6 to the Northwest
corner oflot 5 of said Northwood subdivision; Thence Southwesterly to the Southwest
corner of Lot 4 of the said Northwood Subdivision, Said point also being on the North
line of the Oregon State Highway 214. Thence Westerly along the North line of said
Highway 214 to its intersection with the Easterly line of Boones Ferry Road; Thence
Westerly to the intersection of the North line of said Highway 214 and the Westerly line of
Boones Ferry Road: Thence Westerly along the North line of said Highway 214 to a point
on the West line ofthat certain tract ofland conveyed to the Woodburn School District by
instrument recorded in Reel 1225, Page 614, Marion County Deed Records; Thence
Northerly along the said West line to the place of beginning. All being situated in Section
7, Township 5 South, Range 1 West of the Willamette Meridian, Marion County, Oregon.
A map of the Local Improvement District is included as Attachment "B"
SECTION 4. PROPERTIES WITHIN THE LOCAL IMPROVEMENT
DISTRICT:
MARION
COUNTY
MAP #
051W07CA
051W07CA
051 W07CA
051W07CA
051W07CA
051W07BD
051W07BD
051W07BD
051W07BD
TAX LOT #
500
400
300
200
100
2501
2500
2400
2300
SECTION 5.
ADDRESS
PROPERTY OWNER
950 Boones Fe
1002 Boones Fe
1034 Boones Fe
1018 Soones Fe
1040 Boones Fer
1000 Slock
1000 Slock
1050 Soones Fe
1025 Soones Fe
PROPERTY BENEFIT DETERMINATION:
A. BENEFITTED PROPERTIES:
1. All Properties abutting the proposed improvement ofBoones Ferry Road and
utilizing it either for direct access or access through private easement or
agreement are determined to benefit from the improvement and shall be
assessed utilizing the following fair share methods:
a. Trip Generation, Load Allocation Method:
PAGE 3- COUNCIL BILL NO. 2501
ORDINANCE NO. 2357
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b. Front Footage, Value Allocation Method:
c. Lot Area, Current and Future Value and Load Allocation Method
2. All the properties that do not adjoin the proposed Boones Ferry Improvement
but utilize Boones Ferry for access through private property by easement or
agreement are detemllned to benefit from the improvement and as such shall be
assessed utilizing the following fair share cost distribution method:
a. Trip Generation, Load Allocation Method
b. Lot Area, Current and Future Value and Load Allocation Method
B. PROPOSED DISTRIBUTION METHOD OF PROJECT ASSESSMENT
COST
1. The following is proposed for the distribution of the project assessment
cost against benefiting properties.
C. Trip Generation Method: The loading on the roadway is directly proportional to
the activities of the adjoining properties through trip generation; therefore, it
should carry the larger portion of the project assessment cost. It is being proposed
that 600/0 of the project assessment cost be allocated against trip generation units.
D. Front Footage Method: The front footage portion of the improvement reflects
the value benefit to properties that the improvement provides to the
office/connnercial type of properties, however its impact is lower than trip
generation. Therefore, it should be kept at a lower cost sharing level. It is being
proposed that 20% of the project assessment cost be allocated against front
footage units.
E. Lot Area Method: The addition of existing and future loading through
development of the properties and miscellaneous cost associated with street
lighting, sewer and storm water are reflected in area; therefore this must be
allocated similar to the front footage. It is being proposed that 20% of the project
assessment cost be allocated against lot area units
C. PROPOSED UNIT DETERMINATION FOR THE METHOD
DISTRIBUTION OF PROJECT ASSESSMENT COST:
1. Trip Generation: The number of daily trips generated by a property in the
assessment district shall be used as a unit for cost distnbution purposes. Trip
generation rates of the properties within the assessment district will be based
PAGE 4- COUNCIL BILL NO. 2501
ORDINANCE NO. 2357
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on the 6th Edition publication of trip generation manual by the Institute of
Transportation Engineers (ITE). In the absence oftrip generation data in the
manual, actual or estimated trip generation counts shall be used.
2. Lineal Front Footage: The number of feet of frontage of the individual parcel
or lot of frontage adjacent to Boones Ferry Road improvement will be used for
determining the assessable cost. The assessment cost allocation of developed
and underdeveloped property will be alike.
3. Lot Area: The project assessment cost will be distributed based on the area in
square footage of the individual parcel or lot within the district. The area cost
will be calculated the same for developed or underdeveloped property
SECTION 6.
ENGINEERS PROJECT COST ESTIMATE:
A. The estimated cost of improving
Boones Ferry Road
1. Street Improvements
2. Utility Undergrounding
$382,324
$129,000
TOTAL PROJECT COST
$ 511.324
Note: Estimated costs includes engineering, administration and contingency
SECTION 7.
DISTRIBUTION OF PROJECT COST:
A. PROJECT COST TO BE FUNDED BY THE CITY INCLUDING ODOT
PROVIDED FUNDS
Costs that are not to be assessed
1.
Boones Perry Road Improvement
a. Capacity Cost
b. Right of Way and Easement Cost
c. Undergrounding Cost Share
(2/3 Total Cost)
d. Parking Lot Improvements
$96,489
$25,000
$86,000
$17,835
SUB TOTAL
$225,324
e. Credit allowance for existing
improvements
$17,676
PAGE 5- COUNCIL BILL NO. 2501
ORDINANCE NO. 2357
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TOTAL TO BE FUNDED BY
THE CITY AND ODOT
=
$ 243.000
B. PROJECT COST TO BE DISTRIBUTED
AGAINST THE BENEFITED PROPERTIES
1. Street improvement cost to be distributed
against the benefiting properties prior to the
city funding of existing improvement
credits $286,000
Note: Estimated project costs include 10 % for contingency and
10% for engineering and administration
F. DETERMINATION OF INDIVIDUAL PROPERTY
ASSESSMENT UNITS
MARION
COUNTY TAX ADDRESS AREA VEHICLE LINEAL PROPERTY OWNER
MAP # LOT # ACRES TRIPS FRONT
FOOTAGE
051W07CA 500 950 Boones Ferry 5.31 91.83 270 First Presbyterian Church of WDB
051W07CA 400 1002 Boones Ferry 1.43 147.06 216 Boones Ferry Development Co.
051W07CA 300 1034 Boones Ferry 0.27 57.73 0 Tyler, Marvin L
051W07CA 200 1018 Boones Ferry 0.26 56.28 89 Caba, Nicholas
051W07CA 100 1040 Boones Ferry 1.12 35.98 119 Woodburn Ambulance Service
051W07BD 2501 1000 Block 0.48 25 0 Bershengle Enterprises Partnership
051W07BD 2500 1000 Block 0.63 25 0 Bershengle Enterprises Partnership
051W07BD 2400 1050 Boones Ferry 1.70 17.61 184 Cornwall Familv L TD Partnership
051W07BD 2300 1025 Boones Ferry 27.23 1537 995 Woodburn School District No. 103C
TOTAL 38.43 AC 1998.49 1873 LF
D. DETERMINATION OF UNIT COSTS
1. Vehicle Trip Unit Cost
Total number vehicle trips generated
Within the entire district.
The project assessment cost to
distributed using vehicle trips
(60% of project cost to be assessed)
1993.49 trips
$171,600
PAGE 6- COUNCIL BILL NO. 2501
ORDINANCE NO. 2357
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Cost per vehicle trip $86.08/trip
2. Front Footage Unit Cost
Total Lineal front footage of properties
within the district 1873 If
The project assessment cost to
be distributed using property area. $ 57,200
(20% of project cost to be assessed)
Cost per lineal foot $30. 54/lf
3. Area Unit Cost
Total area of properties
within the district 1,673,793 sq. ft.
The project assessment cost to
be distributed using property area. $ 57,200
(20% of project cost to be assessed)
Cost per square foot $0.03/sa. ft
SECTION 8. CREDIT ALLOWANCE FOR EXISTING CURB AND SIDEWALK
Properties adjacent to an existing sidewalk currently providing for pedestrian traffic and
curb within the proposed improved portion of Boones Ferry Road will be given a credit.
The credit is based on the current historical unit cost of each property and will de
deducted from the assessment amount.
MARION CREDIT FOR CREDIT FOR TOTAL
COUNTY TAX ADDRESS PROPERTY OWNER EXISTING EXISTING CREDIT
MAP # LOT # CURB SIDEWALK APPLIED TO
BE APPLIED
950 Boones First Presbyterian Church
051W07CA 500 Ferry of WDB $0.00 $0.00 $0.00
1002 Boones Boones Ferry
051W07CA 400 Ferrv Development Co. $0.00 $0.00 $0.00
1034 Boones
051W07CA 300 Ferrv Tyler, Marvin L $0.00 $0.00 $0.00
051W07CA 200 1018 Boones Caba, Nicholas $852.62 $0.00 $852.62
PAGE 7- COUNCIL BILL NO. 2501
ORDINANCE NO. 2357
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Ferry
1040 Boones Woodburn Arnbulance
051W07CA 100 Ferrv Service $1,140.02 $0.00 $1,140.02
Bershengle Enterprises
051W07BD 2501 1000 Block Partnership $0.00 $0.00 $0.00
Bershengle Enterprises
051W07BD 2500 1000 Block Partnership $0.00 $0.00 $0.00
1050 Boones Cornwall Family L TD
051W07BD 2400 Ferry Partnership $268.24 $0.00 $268.24
1025 Boones Woodburn School District
051W07BD 2300 Ferrv No. 103C $5,795.90 $9,619.50 $15,415.40
TOTAL $8,056.78 $9,619.50 $17,676.28
SECTION 9. INDIVIDUAL ESTIMATED PROPERTY ASSESSMENTS
TRIP FRONT TOTAL TOTAL POST CREDIT
ADDRESS PROPERTY GENERATION FOOTAGE LOT AREA ASSESSMENT CREDIT TO NET
OWNER ASSESSMENT ASSESSMENT ASSESSMENT AMOUNT BE APPLIED ASSESSMENT
First
950 Presbyteria
Boones n Church
Ferry of WDB $ 7,904.64 $ 8,245.59 $7,900.15 $24,050.38 $0.00 $24,050.38
Boones
1002 Ferry
Boones Developme
Ferry nt Co. $12,658.56 $6,596.48 $2,126.91 $21,381.95 $0.00 $21,381.95
1034
Boones Tyler,
Ferry Marvin $4,969.66 $0 $396.35 $ 5,366.01 $0.00 $5,366.01
1018
Boones Caba,
Ferry Nicholas $4,844.64 $ 2,717.99 $388.08 $7,950.71 $852.62 $7,098.09
1040 Woodburn
Boones Ambulance
Ferry Service $3,097.40 $3,634.17 $1,663.75 $8,395.32 $1,140.02 $7,255.30
Bershengle
1000 Enterprises
Block Partnership $2,152.00 $0 $714.51 $2,866.51 $0.00 $2,866.51
Bershengle
1000 Enterprises
Block Partnership $2,152.00 $0 $937.83 $3,089.83 $0.00 $3,089.83
1050 Cornwall
Boones Family L TD
Ferry Partnership $1,515.87 $5,619.22 $2,534.51 $ 9,669.60 $268.24 $9,401.36
A. PROPERTY ASSESSMENT BASED ON, TRIPS GENERATED AND
FRONT FOOTAGE AND AREA OF PROPERTY.
PAGE 8- COUNCIL BILL NO. 2501
ORDINANCE NO. 2357
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Woodburn
1025 School
Boones District No.
Ferry 103C $132,305.23 $30,386.55 $40,537.91 $203,229.69, $15,415.40 $187,814.29
$ $
TOTAL $171,600.00 57,200.00 57,200.00 $286,000.00 $17,676.28 $268,323.72
SECTION 10.
PAYMENT PLAN FOR ASSESSMENT
The final assessments under this Local Improvement District may be over a period of ten
(10) years pursuant to ORS Chapter 223
SECTION 11.
INTEREST RATE
The interest rate is hereby set at 5.89%
SECTION 12.
FUNDING METHODS
The improvement costs for the project will be supported utilizing numerous funding
sources, the LID property assessments, ODOT surface transportation program funds and
council approved city support
SECTION 13.
MAXIMUM LIMIT OF ASSESSMENT AMOUNT
It is proposed that the individual total assessment amounts shown in this document 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 14.
FUNDING SUMMARY
PROJECT FUNDING REQUIRED
$ 511,324
A. BOONES FERRY ROAD IMPROVEMENT
1. CITY SUPPORT
Street CIP (including 105K ODOr
provided surface transportation funds)
Traffic Impact Fees (TIP)
$146,511
$ 96.489
CITY SUPPORT TOTAL =
$ 243,000
2. LID PROPERTY ASSESSMENTS
$ 268.324
LID PROPERTY ASSESSMENTS
PAGE 9- COUNCIL BILL NO. 2501
ORDINANCE NO. 2357
=
$ 268.324
---T""'"' '''''-'-'-'
BOONES FERRY ROAD FUNDING TOTAL
=
$ 511,324
SECTION 15
CONTRACT METHOD
The contract award will be in conformance with public contracting laws of the State of
Oregon as outlined in ORS Chapter 279 and the laws, regulations of the City of
Woodburn.
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 general improvement warrants to finance the assessment portion of the project
when needed.
SECTION 17
DECLARING AN EMERGENCY
This ordinance being necessary for the innnediate preservation of the public peace, health,
and safety, so that a construction contract may be awarded without delay, an emergency is
declared to exist and this ordinance shall take effect innnediately upon passage by the
Council and approval by the mayor.
Approved.
Approved as to formfl. rrq-
City Attofli1ey
Passed by Council
Submitted to the Mayor
March 10, 2004
Approved by the Mayor
March 10, 2004
Filed in the office of the Recorder
Attest ~ ~+--
Mary ant, City Recorder
City of Woodburn, Oregon
March 10, 2004
PAGE 10- COUNCIL BILL NO. 2501
ORDINANCE NO. 2357
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