HomeMy WebLinkAboutOrdinance 5836 09/16/1996
ORDINANCE NO. 5836 (Special)
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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.
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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".
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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.
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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.
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City Recorder /
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G~::n2~: c:: CITY ATTORN~Y
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Mayor
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Ordinance No. 5836
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EXHIBIT "An
PROJECT No. 1"'941,
SOUTH 69TH. PLACE
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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
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EXHIBIT B
Ordinance 5836
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C,i ty of, Spri ngfi el d'
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M E MORA N D UM
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Date:' July 17. 1995
To: Robert Duey. Finance pi rector
From:
A 1 Peroutka. Ci ty Engi neer .
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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) :
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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
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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
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$ 6.700
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Tota 1 . $36.230
$-0-
$36.230 .
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3.00 Resolution of Intent to Improve NO. -XM....; Date of adoption JuT'l17. 1995.
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. 4'.00 Please proceed with the preparation and execution of \ the following
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ATTACHMENT 2-4
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PAGE 2 OF2
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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':
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. 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
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.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
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D eve 1 0 p'm e n t
Assessment Fund
$36.230 .
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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
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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.
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(Type of Improvements)
Q Paving ~ Curbs and Gutters ~ Sidewalks
Q Storm Drainage o 'sanitary Sewers & Street Lights
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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.
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ATTACHMENT 2-6
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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.
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DATED:
July 12. 1995
TYPED OR PRINTED NAMES.OF OWNERS:
SIGNATURES OF OWNERS:
Willamalane Park & Rec:"~ation Distrct
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J/~d~C -/JeLP
Daniel R. Plaza
Superintendent
~.,ravne Hill
Chairman, Board or Directors
STATE OF OREGON
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coUnty of Lane
Subscribed and sworn to before me t~is 12th
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OFFICIAL SEAL
DWIGHT Go PURDY'
NOTARYPUBUC.- OREGON
COMMISSION NO: 007547
MY alMMlSSlOH EXPIRES A1JG. 7, lm5
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Dated
Julv 12. 1995
(My Commission Expires) ~
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ATTACHMENT 2-7