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HomeMy WebLinkAboutOrdinance 5836 09/16/1996 ORDINANCE NO. 5836 (Special) / / / AN ORDINANCE LEVYING ASSESSMENTS FOR STREET WIDENING, STREET LIGHTS, AND SIDEWALK IMPROVEMENTS ON SOUTH 69TH PLACE FROM CASCADE DRIVE TO FORSYTIDA STREET, AND VICINITY (1- 941), IN THE CITY OF SPRINGFIELD, LANE COUNTY, OREGON AND DECLARING AN EMERGENCY. . THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS: Section 1: In accordance with Section 2-1-3 of the Springfield City Code, an engineer's report was filed in the office of the Finance Director on July 17, 1995, for street widening, street lights, and sidewalk improvements on South 69th Place from Cascade Drive to Forsythia Street, and vicinity (project 1-941) in the City of Springfield, Oregon, for the total area more particularly described in the attached Exhibit "A". 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, in which property owners waive notice, public hearings, and all irregulari~ies 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 $70,902.79 and the entire amount is hereby assessed against the property benefited by the improvement and in the reputed ownership of entity named as follows: (See Exhibit "A") Section 3: The council hereby declares the assessment set forth to be liens upon the property and orders the Finance Director to enter the liens 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 Council of the City of Springfield by a vote of 6 favor and 0 against this 16th day of September , 1996. APPROVED by the Mayor of the City of Springfield this 16thdayof September , 1996. ~wJmL- City Recorder / , , , :. .. ~il""!t . ~ :-":.;. ..~J' . ,... ". ~.',"" ~ " 1\ ..,..."'.:...J l ~o..~~~_j _ ~~~ LJ:d~. .~ g=I--2~=l1'- ~7 G~::n2~: c:: CITY ATTORN~Y c'-n . ~ ,:'1~i\lCFH:LD . ?ldfJ/!~~ Mayor ,'i In . . , J ~ . Ordinance No. 5836 Page 1 of 1 EXHIBIT "An PROJECT No. 1"'941, SOUTH 69TH. PLACE , , Willamalane Park and Recreation District 200 South Mill Street Springfield, Oregon 97477 $70,902,79 On: Vacant (Park) A tract of land situated in the Thomas Maynard Donation Land Claim No. 37 in Section 2,Township 18 South, Range 2 West of the Willamette Base and Meridian, more ' particularly described as follows: . . Parcell of Land Partition No. 95-P0666 filed for record ,rvlay 11, 1995 as County Surveyors File No. 32762, Partition Plat Records of Lane County, Oregon all in . Springfield, Lane County Oregon. A,LSO: Parcell of Land Partition No. 95-P0667 filed for record May 11, 1995 as County Surveyors File .No. 32763, Partition Plat Records of Lane County, Oregon all in Springfield, Lane County Oregon. ALSO: Lots 1, 2, 3, 4, 5 and 6, Block 1, L.J,.K. Subdivision, filed for record September . 19, 1980 in File 73~lide 411, Plat Records of Lane County, Oregon in Springfield, Lane County, Oregon. TL18 02 02 22 02101 TL 18 02 02 2202001 . TL 18 02 02 22 02300 TL 18 02 02 22 02400 TL 18 02 02 22 02500 TL 18 02 0222 02600 'TL 18 02 02 22 02700 TL 18 02 02 22 02800 ATTACHMENT 2-3 PAGE 1 OF 2 " EXHIBIT B Ordinance 5836 .1[.< , . ~=====~==============================;~============================~========== C,i ty of, Spri ngfi el d' . M E MORA N D UM , . . ' ,,' ============================================================================== . . . . Date:' July 17. 1995 To: Robert Duey. Finance pi rector From: A 1 Peroutka. Ci ty Engi neer . ," .. . '-~ - Subject: Engi neer I s Report: . Improvement Project No. 1-941 Improvement Project Name:' Street wideni ng. 'street 1 i ghts and si dewa 1 k improvements along South 69th Pl ace from Cascade Drive to Forsythi a Street and vicinity . 1. 00 In accordqnce wi th Secti on 2-1-3 of the Spri ngfi e ld Code., the fall owi ng is, submitted for your action (5) : \, , 1.10 Oescri pti on: constructi on of pavem~nt. cl,lrbs and gutters. si dewa 1 k; street' 1 i ghts along th~ east, si de of South, 69th Pl ace from, Cascade Drive to Forsythia Street;, and. a sidewalk along the south side of Cascade Drive from South 69th Place to the east '190 feet ,.- '." . 1.20 Dimensions of project. owners of benefiting properties. and Qoundaries of assessment area are shown on the contract drawings. Description '2.10 2.20 2.'30 Tota 1 Estimated City Property Cost CQtl .~ $29.530 -0- $29.530 determi ned upon 2'.40 LF. = linear feet. S. F.= square feet Property Cost, Per Front Foot. 2.00 Engineer's Estimated Costs (Final 'actual cost will be cornpletion of the project): Construction 'Engi ne.eri ng and . Administrative Services $ 6.700 -0- $ 6.700 ------- ------- ===== '\ -------- ------- Tota 1 . $36.230 $-0- $36.230 . '\., 3.00 Resolution of Intent to Improve NO. -XM....; Date of adoption JuT'l17. 1995. \ . 4'.00 Please proceed with the preparation and execution of \ the following - '/ ATTACHMENT 2-4 , \ . . . PAGE 2 OF2 , ,. EXHIB(r S Ordinance 5836 docu~ents in accordanc~ with Sec. 2-1-4~,2-1-5. and 2-1-6 of the Spring- field Code: 4.10 Pub 1 i c Hea ri n9: ' .11 Date OT ~earing WAIVED .12 Publish Notice of Hearjng.NIA ' . and N/A' . . .13 Furnish Engineering Office with N/A copie~ of the Public Hearing notice. , 4.20 Invitation to Bidders: :21 Bids will be received on Auoust 2.1995 by the Finance Director. .22 Publish Invitation on July 19. 1995 & Ju1v 22. 1995 in the Spring{ie1d News and in the Daily Journal of Commerce.' . . . .23 This project is XX not/ ~partia11y/ _, wholly federally funded.' .24 Federal Funds (if ,invo1vecj) are made avai,lable by the following': . . . U.S. Dept. of Housing and Urban Development under the Housing CommunitY Development 81 ock' Grant ("C. D. B. G. ") Program, U.S. Dept. -of Treasury under the Federal Revenue Sharing Program ("F.R.S. "); .' , U.S. Dept. of . . Program. under the . I. . t, ' _ ". _ , ' ~ 1 ~ .30 Tentative awa rd, date for thi s project is September 5. 1995., 5. 00 This project will be funded as follows: , 5.10 Source . . 5.20 Estimated Amount 5.30 Exp1anatiol1' . Acc't.No. 19-3232-87xxx-1941 '., I \ ' '.:. D eve 1 0 p'm e n t Assessment Fund $36.230 . /. 6: 00 The fo 11 ow; ng . if any . are . special cons i derat ions , pertinent to this project: .10 Fundl ngfor this project win requi r~ a budget transfer from Fund 19 reserves. \ Engi neer' s Report. 1: \ WP60\S99THENG. RPT Page 2 / ATTACHMENT 2-5 ., . . 'C".... .J.....""""l.\......~....i:.....:~ 1. \...... PAGE 1 OF.2 ~ Ordinance 5836 EXHIBIT C WAIVER PETITION WHEREAS, the undersigned, the developer or subdivider, desire to construct: (Nat;ne of Improvement) Public improvements along South 69th Place and Cascade Drive. ,. (Type of Improvements) Q Paving ~ Curbs and Gutters ~ Sidewalks Q Storm Drainage o 'sanitary Sewers & Street Lights '-- 0 Water Lines '& Engineering 0 Other (Speci:y) NOW, THEREFORE, the undersigned hereby consent that the City of Springfield, Oregon may construct said improvement(sl and let the contract in any manner it deems most advantageous and without holding a public hearing or advertising for b~ds therefor, and the undersigned hereby waive notice to construct said improveme~t(s) as is provided in said springf~eld City Code and also waive notice of ~he assessment against said property for the construction of the same including City Engineer'S charges, and hereby expressly waive any and all irregularities in the proceedings and hereby ratify'and confirm all that maybe do~e in the premises and consent that certain costs of the construction of said improvement(s), including City Engineer's charges for administration, legal fees, supervision, inspection, and advertising may be' assessed against said described property. This ~aiver shall include'all matters pertaining to the contract to be let including aIiy changes,. by Change Order or otherwise, in the scope or extent of the contract ancillary ~o the intent of the contract which may be deemed necessary by the Public Works Department of ,the City of Springfield. The undersigned waive any rights to remonst~ate 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. FURTHERMORE, 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 of this waiver shall in no way obligate the City to p~ovide Bancroft financing for the abo~e described improvements~ As of the date belpw, the undersigned 'hereby certify that any and all owners of property subject to assessment for the above-described improvements are as listed directly her'eunder, and further that this waiver shall have no, legal effect unless all named,owners have signed,this instrument (or an exact copy hereof) opposite their names below. Page 1 of 2 ATTACHMENT 2-6 -: ~ . . . PAGE 2 OF 2 EXHIBIT C Ordinance 5836 The undersigned agree to defend, indemnify and hold the City harmless 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 under~igned will be responsible for payment of any assessments which would other~ise be the responsibility of such~.listed owners. ... DATED: July 12. 1995 TYPED OR PRINTED NAMES.OF OWNERS: SIGNATURES OF OWNERS: Willamalane Park & Rec:"~ation Distrct 1j)~I1~ J/~d~C -/JeLP Daniel R. Plaza Superintendent ~.,ravne Hill Chairman, Board or Directors STATE OF OREGON ; ) ) ss. ) coUnty of Lane Subscribed and sworn to before me t~is 12th - OFFICIAL SEAL DWIGHT Go PURDY' NOTARYPUBUC.- OREGON COMMISSION NO: 007547 MY alMMlSSlOH EXPIRES A1JG. 7, lm5 \-. Dated Julv 12. 1995 (My Commission Expires) ~ Page'2 of 2 ATTACHMENT 2-7