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Ord 2193 - Improve Parr Local Co COUNCIL BILL NO. 1794 ORDINANCE NO. 2193 AN ORDINANCE APPROVING THE IMPROVEMENT OF PARR ROAD, FROM A POINT 100 FEET WEST OF SEmEMIER A VENUE, TO THE WEST BOUNDARY OF THE SCHOOL DISTRICT PROPERTY, 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, the Woodburn School District submitted a written request that the Local Improvement District be initiated for the improvements of Parr Road; and WHEREAS, the City Council considers the improvement of Parr Road 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, by approving Resolution No. 1358 on June 10, 1996, directed the City Engineer to prepare the engineering report for the improvements; and WHEREAS, the City Council reviewed and approved the engineering report on December 9, 1996; and WHEREAS, the City Council by Resolution No. 1399, 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 24, I 997 to receive input from affected property owners and insufficient remonstrances were received to prevent such an improvement; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section I. The City Council deems it necessary and expedient and hereby declares its intention to order the following improvements on Parr Road. The improvements to be assessed through the Local Improvement District procedure start at the west boundary line of the Woodburn School District property, tax lot 500, and end at a point 100 feet west of the centerline intersection of Parr Road and Settlemier Avenue. The street is proposed to be widened to a 39 foot improved surface from curb to curb, including storm sewers, five foot sidewalks on both sides and a 10 foot wide bike path on the south side. All work will comply with the City of Woodburn standards and specifications. Page I. COUNCIL Blll.. NO. 1794 ORDINANCE NO. 2193 ~. ".--,. "'~"_""'~4_...._'__"~_,__" .._...... "_.~.".."..___.. The improvement of Parr Road from a point roo feet west of the centerline intersection of Settlemier Avenue and both intersections of Front Street and Settlemier Avenue will by funded by city resources as capacity improvement and this portion of the project is not part of the assessment district and therefore the cost of the improvement will not be assessed against the properties within the LID. Settlemier Avenue will be widened to a 36 foot improved surface, including storm sewer, five foot sidewalks and a 10 foot bike lane on Parr Road. The Settlemier intersection will also be constructed with turn lanes and Front Street intersection will be realigned with Parr Road. All work will comply with the City of Woodburn standards and specifications. Section 2. BOUNDARY OF THE PROPOSED LOCAl, IMPROVEMENT DISTRICT: The property subject to the assessment of this district will be those properties within the city boundary, fronting the unimproved portion of Parr Road, from the west boundary of the School District Property and to a point 100 feet west of the centerline intersection of Parr Road and Settlemier Avenue. These properties, along with two properties that do benefit from the improvements but are located out of the city limits, are listed in Section 3 below. A vicinity map showing the properties within the assessment district is attached to this ordinance as Exhibit "~'. Property not within the city boundary at this time, but within the Local Improvement District boundary, can not be assessed by the city. The assessment cost will be funded by the Woodburn School District property and the City. Section 3. PROPERTIES IN LOCAL IMPROVEMENT DISTRICT: The following properties are listed by Tax Lot Numbers and are located in Section 13. Township 5 South, Range 2 West of the Willamette Meridian, Marion County, Oregon: TAX LOT NO. OWNER 500 102 103 100 (to 500' depth from Parr Rd R/W) (not within the city boundary) 400 (not within the city boundary) WOODBURN SCHOOL DISTRICT DETOM GENERAL PARTNERSHIP DETOM GENERAL PARTNERSHIP SMITH, HAZEL M- TRUSTEE (Not part of city's assessment MONNlER,RONALD & DEBRA payment plan) The following properties are located in Section 18, Township 5 South, Range I West of the Willamette Meridian, Marion County, Oregon: 1300 II 00 3300 2400 2300 1400 HOPE LUTHERAN CHURCH OF WOODBURN HOPE LUTHERAN CHURCH OF WOODBURN BODUNOV, LAZAR & SANDRA MARTINEZ, VIRGINIA GARDNER, NORMA HILL, GLENN & VIRGINIA Page 2 - COUNCIL BILL NO. 1794 ORDINANCE NO. 2193 ~ . 3400 5700 5800 7400 7300 7200 7100 7000 6900 YBARRA, MANUEL & BENITA WAGENMANN, TODD & KAREN BEJARANO, ALMA CITY OF WOODBURN LOPEZ, YOLANDA VSlllVKOFF, LUKA & ANASTASIA RIOS, EMILIO & HERMlLINDA MANSELL, MARVIN & MARIA LOPES, DAMASO & CATALINA Section 4. PROPERTIES LOCATED WITHIN THE LOCAL IMPROVEMENT DISTRICT BUT OUTSIDE THE CITY. The following properties are listed by Tax Lot Numbers and are located in Section 13. Township 5 South, Range 2 West of the WiIlamette Meridian, Marion County, Oregon. The properties are within the Local Improvement District but are not within the current city boundary and not subject to payment of assessments: TAX LOT NO. OWNER 100 400 SMITH, HAZEL M- TRUSTEE MONNIER, RONALD & DEBRA Section 5. PROPOSED METHOD OF ASSESSMENT: The proposed method of assessment is based on the front footage adjacent to Parr Road. The project cost will be broken down into separate categories and assessed accordingly. The categories of assessment are listed as per the following; A. Sidewalk improvement B. Bikelane improvement C. Driveway approach improvement D. Street improvement (standard residential 34' wide improvement) E. Capacity improvement (additional 5 foot width and schedule II improvement) F. Property outside city boundary (to be included in school and city assessment) Page 3 - COUNCIL BILL NO. 1794 ORDINANCE NO. 2193 .. . . The City Council, at their discretion, may postpone, modify or eliminate any of the above categories, if this should become necessary to complete the project. Section 6. COST ESTIMATE: The engineer's estimate is broken into two sections. Schedule Ib is calculated from a point 100 feet west of the centerline intersection of Parr Road and Settlemier Avenue, to the west boundary of the school district property and is the project area to be assessed through the Local Improvement District. Schedule II improvements include the Parr/Settlemier/Front Street intersections, a portion of Settlemier Street, and a portion of Parr Road 100 feet west of the Settlemier intersection. This portion of the project will not be assessed against properties within the LID district. ENGINEERS ESTIMATED COST: Schedule Ib, Engineers Estimated Cost; = $648,889.00 Schedule n, Engineers Estimated Cost; = $23192900 PROJECT TOTAL = $880,818.00 The project cost has been estimated for the intended construction season of 1997. The actual cost may vary depending on the market conditions. Section 7. COST DISTRTRUTION: SCHEDULE Ib; The cost is intended to be divided between properties located within the Local Improvement District and the City of Woodburn. Excluding the school district property, the benefitting properties adjacent to an unimproved portion of Parr Road will only be assessed for a standard residential section which will include a 34 foot wide improved surface curb to curb, storm sewer, and street lighting. The additional five foot improved section will be considered a capacity improvement. The school district property will be assessed for the standard 34 foot wide residential section and the additional 5 foot widened capacity improved portion of the road fronting their property. The city will fund the cost of the widened portion of the road not fronting school district property. Page 4 - COUNCIL BILL NO. 1794 ORDlNANCENO. 2193 ~ The sidewalk costs and driveway approach cost are estimated and assessed separately from the street improvement assessment so that it can be distributed fairly to benefitting fronting property. The properties which already have a sidewalk along a public street on one side will be assessed only one-half (Y:z) the cost of the fronting sidewalk improvement on Parr Road, the City will fund the remaining one- half cost. Driveways are assessed against the property which they serve. The bikelane costs are to be funded by the School District and the City only, the School District will be assessed for the bikelane fronting their property, the city will fund the remaining portion. The portion of the improvement not included in the assessment to the benefitted properties except the school district property is the 10 foot wide bike path, the additional five feet of street surface improvement, and the additional asphaltic concrete in excess of the standard two and one half inch residential thickness. Except that portion of the above improvements being assessed against the school district property, city resources will be used to fund these improvements. SCHEDULE II The improvement cost is intended to be funded by the city resources as a capacity improvement and will not be assessed against properties within the Local Improvement District. Section 8. INDIVIDUAL PROPERTY ASSESSMENTS: The estimated breakdown of improvement costs and the methodology ofits distribution are within the engineering report approved by the City Council on December 9, 1996. The following individual estimated property assessment amounts have been calculated using current costs and the methodology described herein. Page 5 - COUNCIL BILL NO. 1794 ORDINANCE NO. 2193 ......- "".,,,~ _.~+ 0 ~"__"__'_~"--"""'-___" .._._.~., _______" . ,'_,.' ,.....~."._ ~.~...."._...___.~..~_ INDIVIDUAL PROPERTY ASSESSMENTS PROPERTY ADJUSTMENT TAX OUTSIDE FOR WT SIDEWALK BIKELANE APPROACH STREET CAPACITY CITY TURN LANE TOTAL (WIdened section) 500 $17764.56 $38823.84 $8,085.79 $122.265.93 $50,576.00 $26,840.04 +$12.686.75 $277,042.91 102 $3,525.98 $0.00 $2,410.19 $25 301.22 $0.00 $0.00 $0.00 $31,237.39 103 $10232.64 $0.00 $0.00 $64,450.26 $0.00 $0.00 $0.00 $74.682.90 1300 $4,854.96 $0.00 $2,099.20 $33,272.69 $0.00 $0.00 $0.00 $40.226.85 1100 $1,007.42 $0.00 $0.00 $6,345.26 $0.00 $0.00 $-6,343.38 $1 009.30 7400 $2,114.64 $0.00 $0.00 $13.319.05 $0.00 $0.00 $-6.343.38 $9,090.31 2300 $1,387.58 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,387.58 1400 $1,441.44 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,441.44 3300 $823.20 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $823.20 2400 $795.17 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $795.17 3400 $594.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $594.00 5700 $712.80 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $712.80 5800 $594.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $594.00 7300 $712.80 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $712.80 7200 $633.60 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $633.60 7100 $633.60 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $633.60 7000 $633.60 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $633.60 6900 $396.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $396.00 TOTAL $48.857.99 $38.823.84 $12 595.18 $264.954.41 $50.576.00 $26.840.04 $0.00 $442.647.46 INDIVIDUAL ASSESSMENT. PROPERTY OUTSIDE CITY BOUNDARY TAX SIDEWALK BIKELANE APPROACH STREET TOTAL LOT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT ASSESSMENT 400 51,520.64 50.00 51,477.21 511 473.34 514,471.19 102 50.00 50.00 $0.00 $39,208.90 539.208.90 TOTAL 51.520.64 50.00 51.477.21 550.682.24 $53.680.09 Page 6 - COUNCIL BILL NO. 1794 ORDINANCE NO. 2193 - . Section 9. ESTIMATED CITY ASSESSMENTS: The estimated breakdown of improvement costs and the methodology of its distribution are within the engineering report approved by the City Council on December 9, 1996. The following individual estimated property assessment amounts have been calculated using current costs and the methodology described herein. ESTIMATED CITY PROJECT COST REMAINING SCHEDULE Ib SCHEDULE II PROPERTY SIDEWALK STREET BIKELANE CAPACITY CAPACITY OUTSIDE TOTAL COST COST COST COST COST CITY COST COST $6.528.77 $100.100.54 $31.601.16 $41.174.00 $231 929.00 $26 840.05 $438.170.54 Section 10. SOURCES OF FUNDS TO BE UTILIZED Project construction wilJ be supported utilizing Local Improvement District property assessments and City Council approved support funds and State Surface Transportation Program (S.T.P.) fund exchange monies. 1. LID PROPERTY ASSESSMENTS Note: Includes city portion ofSI5,433.69 for Tax Lot 7400 5442,647.46 2. CITY RESOURCES A. TIF/SDc FUNDS (System Dev. Charges) $291,641.77 B. SIDEWALK SUBSIDY (from State Gas tax) + $ 6 528 77 CITY TOTAL FUNDS = $ 298,170.54 3. STATE S.T.P. FUND EXCHANGE $ 140.000.00 FUNDING TOTAL ~ 8~O.818.0Q Section II. METHODS OF FINANCING. The project construction will be supported utilizing various funding sources. The main sources being the LID property assessments, the State STP fund exchange, and the Council approved city sources Page 7. COUNCIL BILL NO. 1794 ORDINANCE NO. 2193 .....-.., such as system development charges and others. 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 support fund and state STP funds 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 STP 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 of income.) 2. The special assessment fund may borrow money from some other city fund and return it with interest currently being offered by the banks on similar investments. Section 12. INTERESTRATE 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 13. PAYMENT DURATION AND AMOUNTS In accordance with ORS 223 (Local Improvement), benefitted property owners may make semi annual payments of 1/20 th of the cost of their 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 14. 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 city regulations. Section 15. PROPERTY TRANSACTIONS Page 8 - COUNCIL BILL NO. 1794 ORDINANCE NO. 2193 .. .1 If real property transactions take place between the city and a benefitted property that reduces the principal balance owed, then the assessment due on that property shall be credited according to the value of the real property received by the City as a result of the transaction. Section 16. 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 and approval by the Mayor. Approved as to form~rvva-~ G- G ~ ~ 1- City Attorney Date Approved: ~~ Nancy A. r sey, ayor Passed by the Council June 9, 1997 Submitted to the Mayor June 10, 1997 Approved by the Mayor June 10, 1997 Filed in the office of the Recorder June 10, 1997 Attest: ~~~~ Mary Ten t; Recorder City of Woodburn, Ore9on Page 9 - COUNCIL BILL NO. 1794 ORDINANCE NO. 2193 _. .r- , ~ \ '1J ; I m ::D ~ 'U ~ -0 0 ~ x c:.. m () ... . JJ ::D ~ m (f) . ~ . I I ! ; m ! < - >< (') ::I: - Z - m ... - -< -I ~ .. .. . ~ " .. .. i ~- ~--- ~----