Loading...
Ord 2068 - Loan Spec Pub Wks Fd - COUNCIL BILL NO. 1330 ORDINANCE NO. 2068 AN ORDINANCE AUTHORIZING A LOAN FROM THE SPECIAL PUBLIC WORKS FUND; AUTHORIZING THE MAYOR TO EXECUTE LOAN DOCUMENTS WHEN THEY ARE PREPARED AND DECLARING AN EMERGENCY. The City Council of Woodburn, Oregon finds: A. The municipality is a "municipality" within the meaning of Oregon Revised Statutes 284.310(2). B. Oregon Revised Statutes 284.310 through 284.535 (the "Act") authorizes any municipality to file an application with the Oregon Economic Development Department (the "Department") to obtain financial assistance from the Special Public Works Fund. C. The Municipality has filed an application with the Department to obtain financial assistance for an "infrastructure project" within the meaning of the Act. D. The Department has approved the Municipality's application for financial assistance from the Special Public Works Fund pursuant to the Act. E. The Municipality is required, as a prerequisite to the receipt of financial assistance from the Department, to enter into a Financial Assistance Award Contract and a Loan Agreement with the Department. F. Time is of the essence and the final loan documents have not yet been prepared by the Department. G. The project described in Exhibit "A" (the "Project") is an "infrastructure project" within the meaning of the Act which is needed by and is in the public interest of the Municipality. H. Notice relating to the Municipality's consideration of the adoption of this Ordinance was published at least once in a newspaper of general circulation within the City of Woodburn. Such notice was published at least 14 days in advance of the adoption of this Ordinance, NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Loan Authorized. The Governing Body authorizes the Mayor to execute the Financial Assistance Award Contract, Loan Agreement, the Promissory Note when Page 1 - COUNCIL BILL NO. 1330 ORDINANCE NO. 2068 ... ''''0- T-"'--"'--"-~-' ,...""~_h'__""'_'" '""'_._-~'-""'--1-'-_'___--"---'--"------"'~-"--- they are prepared and such other documents as may be required to obtain financial assistance including a loan from the Department on the condition that the principal amount of the loan from the Department to the Municipality is not in excess of $257,574. The proceeds of the loan from the Department shall be applied solely to the "Costs of the Project" as such term is defined in the Loan Agreement. Section 2. Security. Amounts payable by the Municipality shall be payable from the sources described in Section 3.09 of the Loan Agreement previously signed by the parties on February 21, 1991 and Oregon Revised Statutes 284.410(2) which include: A. Any sources of funds that are legally available to the Municipality. B. The revenues, if any, of the Project, including special assessment revenues, if any, and C. The Municipality's general fund including the general revenues of the Municipality, other funds which may be available for such purpose and a pledge of the Municipality's taxing power within the restrictions of Article XI, Section 11 of the Constitution of the State of Oregon. The obligation of the Municipality to make payments pursuant to the Loan Agreement is a full faith and credit obligation of the Municipality and is not subject to annual appropriation. Section 3. Additional Documents. The Mayor is hereby authorized to enter into any agreements and to execute any documents or certificates which may be required to obtain financial assistance from the Department for the Project pursuant to the Financial Assistance Award Contract and the Loan Agreement. The City Attorney, in the scope of his employment and official duty, is hereby authorized to issue the Opinion of Municipality Counsel required by the Department upon final preparation and review of the loan documents. Section 4. Tax-Exempt Status. The Municipality covenants not to take any action or omit to take any action if the taking or omission would cause interest paid by the Municipality pursuant to the Loan Agreement not to qualify for the exclusion from gross income provided by Section 103(a) of the Internal Revenue Code of 1986, as amended. The Municipality shall not permit more than ten percent of the Project to be used for any private business use. The Mayor of the Municipality may enter into covenants on behalf of the Municipality to protect the tax-exempt status of the interest paid by the Municipality pursuant to the Loan Agreernent and may execute any Tax Certificate, Internal Revenue Service forms or other documents as shall be required by the Department or their bond counsel to protect the tax-exempt status of such interest. Page 2 - COUNCIL BILL NO. 1330 ORDINANCE NO. 2068 ~ ."",~.._"_.~,-~_.-.._.~._._-----_.-..., ., Section 5. Declaration of Emeraencv. The Governing body declares that an emergency exists in order that there be no delay in financing the Project as provided in this Ordinance. Therefore, this Ordinance shall be in force and effect from and after passage by the Governing Body. Approved as to form: Is/ N. RObert Shields City Attorney Date APPROVED: ~ W ~AJb1 J FRED W. KYSE~AYOR Passed by the Council August 26, 1991 Submitted to the Mayor August 27, 1991 Approved by the Mayor August 27, 1991 August 27, 1991 Filed in the Office of the Recorder tj_______r ATTEST: ~ :;~ Mary Tenna ,Deputy Recorder City of Woodburn, Oregon Page 3 - COUNCIL BILL NO. 1330 ORDINANCE NO. 2068 T . "'" " ,.._...._~~-,.~_._-"....,._---"_._'-,--r--.__ .... EXHIBIT "A" PROJECT DESCRIPTION The project consists of constructing 950 lineal feet of new roadway with curbs and storm drainage, 609 lineal feet of roadway widening, 1,703 lineal feet of storm drains, 1,400 lineal feet of 15" sanitary sewer, 4,050 lineal feet of 8" force main sanitary sewer line, a sewage lift station, and engineering costs. The proposed road improvements include construction of a new roadway (Woodland Avenue) along the easterly side of the HWI site, a distance of approximately 950 feet. Roadway storm drainage will be included in the road, although additional drainage ditching will be required to carry storm water to a point where it may be deposited, an additional distance of 730 lineal feet. Another 1,100 lineal feet of storm drainage pipe is to be installed within the right-of-way or an easement between the west end of Highway 214 road improvements and Senecal Creek to the west. State Highway 214 is to be widened approximately 24' adjacent to the north side of the site and improved to the east to provide for intersection improvements at Woodland Avenue and a transition to the interchange of Interstate 5 and Highway 214. Sanitary sewer improvements include 1,410 lineal feet of 15" sewer pipe between Highway 214 and a proposed sewage lift station located east of 1-5. The 15" pipe would be extended north beneath Highway 214, and east beneath 1-5 by boring beneath these highway. The bore beneath 1-5 would be a 30" casing for a 24" pipe to accommodate planned future capacity. The bore beneath Highway 214 would be a 24" casing to accommodate a 15" pipe. A sewage lift station is proposed east of 1-5 and an 8" force main constructed between the lift station and its connection to the city's sewage system at Lincoln Street, a distance of approximately 4,040 lineal feet. "r -.