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Ord 2194 - Improve Alley Harr/Ha COUNCIL BILL NO. 1795 ORDINANCE NO. 2194 AN ORDINANCE APPROVING THE IMPROVEMENT OF THE ALLEY BETWEEN HARRISON STREET AND WEST HAYES STREET, ADOPTING THE LOCAL IMPROVEMENT DISTRICT, ADOPTING THE ENGINEERS ESTIMATED ASSESSMENT COST, DIRECTING THE CONTRACT AWARD, AND PROVIDING FOR PAYMENT OF COSTS THROUGH ASSESSMENT OF PROPERTIES IN THE LOCAL IMPROVEMENT DISTRICT, AND DECLARING AN EMERGENCY. WHEREAS, representatives of certain businesses in the downtown area have requested the city improve the alley; and WHEREAS, the City Council considers the improvement of the alley 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 # 2105; and WHEREAS, the City Council directed the City Engineer to prepare the engineering report for the improvements; and WHEREAS, the City Council reviewed and approved the engineering report on October 28, I996; and WHEREAS, the City Council by Resolution No. 1400, adopted the Local Improvement District, and the method of assessment and established a date for the public hearing; and WHEREAS, a public hearing was held on March 10,1997 to receive input from affected property owners and insufficient remonstrances were received to prevent such an improvement; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The City Council deems it necessary and expedient and hereby declares its intention to order the following improvements on the alley. The improvements to be assessed through the Local Improvement District procedure start at West Hayes Street and end at Harrison Street. The alley driving surface is proposed to be improved with a hard surface ofasphaltic concrete material., the improvement will include correcting drainage problems by connecting existing roof drains to the storm sewer, installing inlets. All work will comply with the City of Woodburn standards and specifications. Page l-COUNCILBILLNO. V95 ORDINANCE NO. 2194 -.- ..~~-~.~~---,-<-_._._--~~-".__.__._-_.~- 1 The improvement of the alley also will require the replacement of the existing lead joint water line within the alley, this will be done by City resources and will not be assessed against the properties with in the local improvement district. Section 2. BOUNDARY OF THE PROPOSED LOCAL IMPROVEMENT DISTRICT: The property subject to the assessment of this district will be those properties fronting the Alley from centerline of West Hayes Street to the centerline of Harrison Street. A vicinity map showing the properties within the assessment district is attached to this ordinance as Exhibit "N'. Section 3. PROPERTIES IN LOCAL IMPROVEMENT DISTRICT: The following properties are listed by Tax Lot Identification Numbers and are located in Section 07. Township 5 South, Range 1 West of the WiIlamette Meridian, Marion County, Oregon: TAX LOT NO. 92010-000 92010-010 92010-020 920 I 0-03 0 92010-040 92010-050 OWNER Sauvian, Charles Flomer, Thomas 1. Eagle Newspaper Inc. Coman, Edward E. Sauvian, Charles Sauvian, Charles The following properties are located in Section 18, Township 5 South, Range 1 West of the WiIlamette Meridian, Marion County, Oregon: TAX LOT NO. 920 I 0-060 92010-070 920 IO-080 92010-090 92010-100 92010-110 92010-120 92010-150 92010-152 920IO-160 92880-000 92880-010 92880-020 92880-030 92880-040 OWNER Woodburn Lodge #102 IOOF Endelman, William K & Alice M. Garcia, Fransisca & Ireneo Eaden, Vernon & Carol Hanson, Edward J. & Helen Quintero, Luis & Luisa Macmillan, Rob & Wolf, Jac1yn Sanchez, Maximino & Robelia Hague, Kenn A. Sanchez, Maximino & Robelia Lindenmuth, David & Jennifer Sawtelle, Robert L. Sawtelle, Robert L. Budunov, Dennis & Vassa Webser, Joyce E. Page 2-COUNCILBILLNO. 1795 ORDINANCE NO. 2194 ..... h_._.~ '"...........,...". ..,<____ .._""...__".._______~.._.~~..4.~ -.-. . "_..~.-...~ "I 92880-050 92880-080 92880-100 Sawtelle, Robert L. Pena, Guadalupe Verbin, Konstantin & Maria Section 4. PROPOSED METHOD OF ASSESSMENT: The proposed method of assessment is based on the lineal front footage adjacent to the alley. The total project cost will be divided among the total front footage of properties within the Local Improvement District and assessed accordingly. Section 5. COST ESTIMATE: The engineer's estimate is provided with option two, three options were presented through the hearing process, option two is the selected option. ENGINEERS ESTIMATED COST: PROJECT TOTAL Construct Alley driving surface of Asphaltic concrete, includes curbs, drainage and intersection improvements. = S109 200 00 The project cost has been estimated for the intended construction season of the summer of 1997. The actual cost may vary depending on the market conditions. Section 6. SELECTION OF OPTION: Option two was selected prior to the conclusion of the public hearing. Section 7. COST DISTRmUTION: The cost is intended to be divided between properties located within the Local Improvement District and the City of Woodburn. The benefitting properties adjacent to the improved portion of the alley only be assessed for 50% of the project cost, the City will fund the remaining 50% of the assessment cost. Page 3 - COUNCIL BILL NO. 1795 ORDINANCE NO. 2194 -~. ,-~"--,"----"",,---",,.__._"-'-"~-"--'~"-'.'_.'---'-_._"..--_._- Section 8. INDIVIDUAL PROPERTY ASSESSMENTS: The estimated breakdown ofimprovement costs and the methodology of its distribution are within the engineering report approved by the City Council on October 28, 1996. The following preliminary individual estimated property assessment amounts have been calculated using these costs and methodology. INDMDUAL PROPERTY ASSESSMENTS OPTION #2 PROPERTY CITY OPTION #2 TAX LOT NO. PROPERTY 50% 50% ASSESSMENT OWNER SHARE SHARE SUB TOTAL 92010-000 SAUVAIN, CHARLES $4,550.00 $4,550.00 $9,100.00 92010-010 FLOMER, THOMAS $4,550.00 $4,550.00 $9,100.00 92010-020 EAGLE NEWSPAPER INC. $2,275.00 $2,275.00 $4,550.00 92010-030 COMAN, EDWARD $2,275.00 $2,275.00 $4,550.00 92010-040 SAUVAIN, CHARLES $2,275.00 $2,275.00 $4,550.00 92010-050 SAUVAIN, CHARLES $2,275.00 $2,275.00 $4,550.00 92010-060 WOODBURN LODGE IOOF $1,137.50 $1,137.50 $2,275.00 92010-070 ENDELMAN , WILLIAM $1,478.50 $1,478.50 $2,957.00 92010-080 GARCIA, FRANSISCA $1,023.75 $1,023.75 $2,047.50 92010-090 EADEN, VERNON $910.00 $910.00 $1,820.00 92010-100 HANSON. EDWARD $2,275.00 $2,275.00 $4 550.00 92010-110 QUINTERO. LUIS $1 137.50 $1,137.50 $2.275.00 92010-120 MACMILLAN, ROB $1.137.50 $1,137.50 $2,275.00 92010-150 SANCHEZ, MAXIMINO $2,275.00 $2,275.00 $4,550.00 92010-152 HAGUE,KENN $4,550.00 $4,550.00 $9,100.00 92010-160 SANCHEZ, MAXIMINO $2,275.00 $2,275.00 $4,550.00 92880-000 LINDENMUTH, DAVID $2,957.50 $2,957.50 $5,915.00 92880-010 SAVVTELLE,ROBERT $1,001.00 $1,001.00 $2,002.00 92880-020 SAVVTELLE,ROBERT $955.50 $955.50 $1,911.00 92880-030 BUDUNOV, DENNIS $1,911.00 $1,911.00 $3,822.00 92880-040 WEBSER, JOYCE $2,275.00 $2,275.00 $4,550.00 92880-050 SAVVTELLE,ROBERT $3,412.50 $3,412.50 $6,825.00 92880-080 PENA,GUADALUPE $1,137.50 $1,137.50 $2,275.00 92880-100 VERBIN, KONSTANTIN $4,550.00 $4,550.00 $9,100.00 TOTAL $54 599.75 $54599.75 $109200 Page 4 - COUNCIL BILL NO. 1795 ORDINANCE NO. 2194 '.......,.-... ,~...-...~._._,,_...-.~._._._-.-- '1 Section 9. SOlffiCESOFFUNDSTOBEUTIL~ED Project construction will be supported utilizing Local Improvement District property assessments and City Council approved support funds. 1. LID PROPERTY ASSESSMENTS $54,599.75 2. CITY RESOURCES (State Rev. Sharing) $54.599.75 TOTAL FUNDS $109,200.00 Section 10. METHODS OF FINANCING: The project construction will be supported utilizing the LID assessments to the benefited properties and the state revenue sharing funds. To pay for the construction costs to the selected contractor, the city may utilize one or a combination of the alternatives below: A) ASSESSMENT OF PROPERTIES. Main Funding Method: The City Council authorizes the assessment of the LID properties as a fixed source of funding and the city state revenue funds be used as a variable source of funding. This is the simplest method for all to understand and the city to administer since the charges will be known ahead of time and reassessment/redistribution of cost to the properties would not be required upon completion of the construction. The assessment cost to the properties shall be fixed as specified in Section 8 of this ordinance. However, the city support fund and state STPs funds shall remain as a variable source of funding. B) OTHER FINANCING SOURCES 1. The city may also issue construction warrants and/or sell revenue bonds. (Note: Revenue bonds can be sold only if Council approves a dedicated source ofincome.) 2. The special assessment fund may borrow money from some other city fund and return it with interest currently being received on similar investments. Page 5. COUNCil. BILL NO. 1795 ORDINANCE NO. 2194 Section 11. INTEREST RATE The interest rate will be set at the time of the final assessment and will equal the then current rate at which the City could borrow a like amount of money for a ten year period plus an amount not to exceed one- half of one percent. Section 12. PAYMENT DURA nON AND AMOUNTS: In accordance with ORS 223 (Local Improvement), benefitted property owners may make semi annual payments of 1/20 th of the cost oftheir share, plus interest, with the assessment to be paid within a ten year period. Property owners may payoff their remaining balance any time during the ten year period without incurring any penalties. Section 13. CONTRACT METHOD The construction will be awarded to the lowest responsible bidder and it will be in conformance with ORS Chapter 279 and city regulations relating to public works construction. The replacement of the lead joint water line and minor construction activities will be performed by the city crews. Section 14. DECLARING AN EMERGENCY This ordinance being necessary for the immediate preservation of the public peace, health, and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council an approval by the M~/"\ Approved as to form:- I )~ ~ 6- b -1 1- City Attorney Date Approved: -.;% Nancy A. Ki Page 6. COUNCIL BILL NO. 1795 ORDINANCE NO. 2194 June 9, 1997 June 10, 1997 June 10, 1997 June 10, 1997 Attest:' Mar0e~~? City of Woodburh, Oregon Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the office of the Record .,...-. "-~-,-,,,.,,,,.'-""""'-""._"'''--'' ~! KlOONll ... .. .. (,) .. PI .. .. ....... _ 0 .., .~'e _0 I- <0 0 10:;;:8 .., z - 0" - 8~ [;::: ~ co Go. ID _ 0 0'- ,l!'SS ~ 5\ D. - t:g~~~ Z !zo.. >- 0 ~~~~ e: >< .:L i' - W III ~i!i5~ ..I ..I f ~g' <C .... li! .lNVID iig~BF 99Cil';<>t; Ff~ <3 ti ~G 0 0 ~0 lfl t- .8 z w ~ ~ e ~ u. 0 z Ii; 0 8 i= - S.l.1;H ::>z OJ 0:: t- !1..;: 0 ~ t: .. -... 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