HomeMy WebLinkAboutOrdinance 5933 07/19/1999
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ORDINANCE NO. 5933 (Special)
AN ORDINANCE ESTABLISHING A LIEN FOR INSTALLATION OF 31st STREET SANITARY
SEWER EXTENSION, W STREET, NORTH 120 FEET (TO SERVE 2475 31 st STREET), PROJECT #2-
061, IN THE CITY OF SPRINGFIELD, LANE COUNTY, OREGON AND DECLARING AN
EMERGENCY.
THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS:
Section I: In accordance with Section 2-1-3 ofthe Springfield City Code, an engineer's report was filed in
the office of the Finance Director on January 12, 1997, for installation of 31 st Street sanitary sewer
extension, W Street, north 120 feet (to serve 2475 31st Street), Project #2-061, and Ordinance No. 5870
passed by the City Council on January 20, 1998, in the City of Springfield, Oregon, for the total area more
particularly described in Exhibit "A", attached, and is by reference hereto incorporated herein and made a
part of this ordinance. The engineer's report is also attached, labeled Exhibit "B" and is thereby made a part
of this ordinance. This project was completed under the waiver procedure where the only property owner to
be benefited by the project has signed a waiver agreeing to pay all costs of the project and waive notice,
public hearings and all irregularities in the assessment proceedings. A copy of the waiver is attached and
labeled Exhibit "C".
Section 2: The total cost of the improvement construction, based upon the contract awarded, was
$13,972.46. The City will pay, as its share of said construction, the sum of $472.46, leaving a balance of
$13,500.00 which is hereby assessed against the property benefited by the improvement and in the reputed
ownership of persons named as follows:
(See Exhibit "A")
Section 3: The council hereby declares the assessments set forth to be a lien upon the property and orders
the Finance Director to enter the lien in the City lien docket to be collected in accordance with existing
statutory provisions governing assessments for City improvements. The lien docket entry shall include a
complete legal description of the property assessed, the name of the reputed owner or owners, the amount of
the assessment, and the number of this authorizing ordinance.
Section 4: It is hereby found and determined by the Common Council, that matters pertaining to public
improvements, and assessments therefore, are matters affecting the public health, safety and welfare, and
that an emergency therefore exists, and that this ordinance shall therefore take effect immediately upon its
passage by the Council and approval by the Mayor.
ADOPTED by the Common CouQcil of the City of Springfield by a vote of 6 in favor and 0
against this 19th dayof July ,1999.
APPROVED by the Mayor of the City of Springfield this 19th dayof Julv ,1999.
Attest:
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Ci Recorder - v
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ATTACHMENT 2-1
REVIEWED & APPROVED
Af> TO FORM \
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DATE: '=:,J 2'8/ Cjq
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OFFICE OF CITY ATTORNEY
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, Ordinance 5933, page 2
Ordinance No.
Page 1 of 1 .
EXHIBIT "A"
PROJECT No. 2-061
2475 31sT STREET SANITARY SEWER
Mondell A & Shirley Johnson $ 13,500.00
2475 31st Street
Springfield, Oregon 97477 On: 2475 31ST STREET
That tract of land conveyed by deed from Christopher D. Carlson and Melody A. Carlson
to Mondell A. Johnson and Shirley Johnson, August 2, 1993, in Reel 1867R, at Reception No.
9348149, Lane County Official Records, being more completely described as follows:
Beginning at a point in the center of County Road No. 753, (2314.30 feet South 00 16' West of
the beginning point of said County Road), said beginning point being 30.58 feet North and
4072.97 feet West of the corner for Sections 19, 20, 29, 30, of Township 17 South, Range 2
West of theWillamette Meridian, and running thence East 30.00 feet; thence North 00 16' East
318.32 feeUo'the True Point of Beginning, thence North 80002' 30" East 129.24 feet; thence
South 102.01 feet; thence North 870 18' 15" West 127.78 feet; thence North 00 16' 00" East
73.65 feet to the True Point of Beginning, in Lane County, Oregon.
TL 1702 193400600
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ATTACHMENT 2-2
. j . Ordinance 5933, page 3
EXHIBIT B
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M E M 0 RAN 0 U M City of Spri ngfi e 1 d
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Date: Januarv 12. 1997
To: Robert J. Duey. Finance Director
From: Al Peroutka. City Engineer~/_~
Subject: Engineer's Report: Improvement Project No. 2-061
Improvement ProJect Name: 31st Street Sanitary Sewer, W Street North 120 FEET.
1.00 In accordance with Section 2-1-3 of the Springfield Code. the following i:::
submitted for your action(s):
1.10 Description: INSTALLATION OF APPROXIMATELY 120 L.F. OF SANITARY SEWER TO SERVE
HOUSE NO. 2475 31~ STREET.
2.00 Engineer's Estimated Costs (Final actual cost will be determined upon completion
of the project).
. 2.10 2.20 2.30
Total Estimated City . Property
Cost Cost Per Front Foot
Sel.'Jer
Const ruct ion' $10.000 $ -0- S10.000
Engineering and
Administrative
Costs $ 3.500 $ -o- S 3 500
Total $13.500 $ -0- $13.500
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3.00 Proposed Resolution of Intent to Improve No. 00-00; Date of Adoption January 20,
1998
4.00 Please proceed with the preparation and execution of the following
documents in accordance with Sec. 2-1-4. 2-1-5. and 2-1-6 of the
Springfield Code:
.4.10 Public Hearing: WAIVED PER PETITION
ATTACHMENT 2-3
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O~~inance 5933, page 4
.11 Date of Hearing n/a .
.12 Publish Notice of Hearing on n/a . .
.13 Furnish Engineering Office with~copies of the Public Hearing notice.
4.20 Invitation to Bidders:
4.21 Bids will be received on Januarv 16. 1998 by the Finance Manager.
4.22 Publish Invitation on n/a and n/a in the
Springfield News and the Daily Journal of Commerce.
4.23 This project is not federally funded .
4.30 Tentative aI/lard date for thi s project is Januarv 20. 1998.
5.00 The following is the proposed project budget:
5.10
Source
5.30
Exo1anation
5.20
EstimaIed AmounT
Acct. No. 19-3252-877XX $ 15,000 Development Assessment
Fund
6.00 The following. if any. are soecial considerations pertinent to this
project:
This project to extend sanitary sewer service to 2475 31st Street is requested
by. the property owners due to a failing septic tank drain field. The property
owners have signed a waiver petition agreeing to pay all costs of the project and
waiving all public hearings and standard procedures of the assessment process.
Due to the failing septic tank drain field. this project is quickly movir.g
forwa~d under the emergency procedure authorized in Springfield Code 2.710 (14).
This procedure modifies the bidding and contractor selection process by
eliminating bid advertising and authorizing verbal or written price quotes. Bids
will b~ received by the Finance Division on January 16 and presented Council at
this meeting for review and award of the construction bid. Funding of this
project will require Council approval of a transfer of project funds from the
Development Assessment Reserve account (Fund 19) to Sewer Capital Projects
account in Fund 19.
V:\PROJECTS\2061SEWR\EMAIL.LTR\ENG'S RE.WPD
ATTACHMENT 2-4
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Ordinance 5933, page 5
EXHIBIT C
\V AIVER
\VHEREAS, the undersigned, the developer or subdivider, desire to construct
(Name ofImprovement) A sanitary se~ver to serve 2475 31st Street
(Type oflmprovemems)
Xap Number 17-02-19-34
600
Pa\'ing
Storm Drainage
\Vater Lines
Curbs and Guners
X-- Sanitary Se'.vers
~ Engineering
Side\val~s
Stree-:: Lights
~ Other (5 pecify)
),;'0\\/. THEREFORE. the unciersismed hereby consent that the City' of 5crin!Zrield.
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Oregon may construct said improvemem(s) and let the contract in any manner it deems most
advama2:eous and without holdin!Z a public hea...-in!Z or advertisin!Z for bids there:::or. and the
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undersigned hereby waive norice to constr:1Ct said improvement(s) as is provided in said
Springfield City Code and also waive notice of the assessment against said property for the
construction of the same including City Engineer's charges, and hereby expressly waive any and
all irre2'ularities in the Droceedin!Zs and herebv ratify and confirm all that mavbe done in.the
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premises and consent that certain costs of the construction of said improvement( Si, including
City Engineer's charges for administration, legal fees, supervision, inspection, and advertising
may be assessed against said described property.
This \vaiver shall include all maners pertaining to the contract to be let including any
changes, by Change Order or othef\~ise, in the scope or extent of the contract ancillary to the
intent of the contract which may be deemed necessary by the Pubiic \Vorks Depanment of the
City of Springfield.
The undersigned waive any rights to remonstrate against the addition of any adjacent
property at the discretion of the City Engineer to the contract to be let as long as the inclusion of
adjacent property will not result in greater cost to the original signers.
FlJRTHER110RE, the undersigned waive any rights to contribution or sharing of costs
by the City of Springfield under existing City policies or policies which may be hereafter
adopted.
It is acknowledged by the undersigned that submittal to and acceptance by the City ofthis
waiver shall in no way obligate the City to provide Bancroft financing for the above-described
improvements. Further, the City does not guarantee the sale or disposition of any warrants
issued in payment for the above-described improvements.
As of the date below, the undersigned hereby certify that any and all o\\oners of property
subject to assessment for the above-described improvements are as listed directly hereunder, and
further that this waiver shall have no legal effect unless all named o\mers have signed this
instrument (or an exact. Copy hereof) opposite their names below.
ATTACHMENT 2-5
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'Ordinance 5933, page ~
Waiver
Page :2
The undersigned agree to defend, indemnify and hold the City hannless from all liability
and actions which might arise in the event that all owners of property affected by this waiver as
of the date below are not listed herein and further agree that the undersigned will be responsible
for paymem of any assessme::lts \vhich would othen....ise be the responsibility of such unlisted
O\\l1ers.
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TYPED ORPRmTED NA~IES OF O\\"N'ERS:
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STATE OF OREGON )
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County of Lane )
;Y7 daYOf!lt (!., ,19 4.7
KcJ.l1/1CL )( i.~ l}l!;'!;,/;-
Subscribed and sworn to before me this
Dated /~ -,~ C; -Cf /
~ OFFICIAL SEAL
'. ROXANA K DE MOSS
~ NOTARY PUSL!C . OREGON
'.~. COMMISSION NO. 055585
MY COMMISSION EXPII1i:S JULY 11,2000
(My Commission Expires)
V :\fonns\engfo rms\ waiver.96
ATTACHMENT 2-6