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HomeMy WebLinkAboutOrdinance 5697 06/07/1993 . . , ':" , a ORDINANCE (SPECIAL) NO. 5697 AN ORDINANCE LEVYING ASSESSMENTS FOR INSTALLATION OF 'E' STREET SANITARY SEWER 58TH STREET EAST 248 FEET AND VICINITY (1-774) IN THE CITY OF SPRINGFIELD, LANE COUNTY, OREGON AND DECLARING AN EMERGENCY. THE SPRINGFIELD CITY COUNCIL 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 7, 1992, for installation of "E" Street sanitary sewer 58th Street East 248 feet, and vicinity (1-774) 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 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 $15,865.82 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 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. . . . : Ordinance No. 5697 Page Two Adopted by the Common Council of the City of Springfield this 7th day of June, 1993 by a vote of 6 for and 0 against. Approved by the Mayor of the City of Springfield, Oregon this 7th day of June, 1993. g/.#7/~~ Mayor ATTEST: ldU4~~ r City Recorder j 1 4r_~', ~ ~ ~ __', ~' ';'j~ '~~~;~~~~~- --,~~, . :';',. M ~ 2, \'"\'1.::\ ... ~... .:.-~. c. ;-,..:_:-_-_-::"_'::;"_-:::_---.~:::.;:;;:..=.....;..==..,=-_____... o:'~~~C~ C;::: C:ii"V ATTORNEV (;~..'\' c.: (:> ;'1t;\jG~:~ELD . . . Ordinance No. Page 1 of 1 EXHIBIT "A" PROJECT 1-774 "E" STREET SANITARY SEWER FROM 58TH STREET EAST 248 FEET DESCRIPTION OF ASSESSABLE PROPERTIES Darrell G. Meharry $ 5,098.74 5825 "E" Street Springfield, OR 97477 On: 5825 "E" Street Lot 3, Block 2 of THURSTON ACRES to Springfield, as platted and recorded in Book 29, Page 5, Lane County Plat Records in Lane County, Oregon. TL 17 02 34 23 00431 Dennis L. and T. M. Kruckman $ 5,195.71 5835 "E" Street Springfield, OR 97477 On: 5835 "E" Street Lot 4, Block 2 of THURSTON ACRES to Springfield, as platted and recorded in Book 29, Page 5, Lane County Plat Records in Lane County, Oregon. TL 17 02 34 23 00430 Brandley J. and Betty L. Slikker $ 5,571.37 5847 "E" Street Springfield, OR 97477 On: 5847 "E" Street Lot 5, Block 2 of THURSTON ACRES to Springfield, as platted and recorded in Book 29, Page 5, Lane County Plat Records in Lane County, Oregon. TL 17 02 34 23 00429 ATTACHMENT 2-3 . . . EXHIBIT "B" ============================================================================== M E M 0 RAN 0 U M City of Springfield ============================================================================== To: Judy Boles, Finance Director Date: July 7, 1992 From: Al Peroutka, City Engineer Subject: Engineer's Report: Improvement Project No. 1-774 Improvement Project Name: E STREET SANITARY SEWER, 58TH STREET EAST 248' AND VICINITY 1.00 In accordance with Section 2-1-3 of the Springfield Code, the following is submitted for your action(s): 1.10 Description: Same as described above. 1.20 Dimensions of project, owners of benefiting properties, and boundaries of assessment area are shown on the contract drawing. 2.00 Engineer's Estimated Costs (Final actual cost will be determined upon completion of the project). The assessment will be based on the estimated or actual average unit cost per front foot, whichever is lower, against those properties immediately abutting upon and benefitted by their respective improvement. 2.10 Total Estimated Cost 2.40 L.F. = linear feet F.F. = front feet Property Cost Per Front Foot 2.20 City Cost 2.30 Property Cost 8" sanitary sewer, 6" sewer laterals $ 20,000 $ 0 $ 20,000 See Schedule below Engineering and Administrative Costs $ 4,000 $0 $ 4,000 ======= ======== ========= Total $ 24,000 $ 0 $ 24,000 3.00 Resolution of Intent to Improve No. 91-28 ; Date of Adoption June 7,1991 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 Hearinq: ( Waiver petition is on file) .11 Date of Hearing N/A .12 Publish Notice of Hearing on N/A and N/A . .13 Furnish Engineering Office with 0 copies of the Public Hearing notice. ATTACHMENT 2-4 . . . CIS ED #65 Rev. 4/82 Engineer's Report for Project No. 1-774 Page 2 4.20 Invitation to Bidders: 4.21 Bids will be received on July 24, 1992 by the Finance Manager. 4.22 Publish Invitation on July 11 and July 15, 1992 in the Springfield News and the Daily Journal of Commerce. 4.23 This project is X not/_____partiallyl wholly federally funded (federal funding requires special wording in the Invitation to Bidders). 4.24 Federal Funds (if involved) are made available by the following: U.S. Dept. of Housing and Urban Development under the Housing Community Development Block Grant ("C.D.B.G.") Program. U.S. Dept. of Treasure under the Federal Revenue Sharing Program ("F.R.S.") U. S. Dept. of under the program. 4.30 Tentative award date for this project is Auqust 3, 1992 5.00 This project will be funded as follows: 5.10 Source Warrants 5.20 Estimated Amount 5.30 Exolanation Acct. No. 19-3252-87629 $24,000 Assessment Financing -6.00 The following, if any, are soecial considerations pertinent to this project: 6.10 This project is being constructed under the "Waiver" process. All benefitted property owners have signed a waiver petition forgoing the public hearing and agreeing to be assessed under the City's current assessment policy. 6.20 Assessment financing will be provided from the City's Assessment Financing Reserve ( Fund 19 ). ATTACHMENT 2-5 . . . WAIVER WHEREAS, the undersigned. the developer or subdivider, desire to construct sanitary sewer to serve the 5800 block of E Street. (Type of Improvements) Paving Storm Drainage -~Iater Lines Curbs and Gutters ---L. Sanitary Sewers ----1..- Engineering Sid e \-/ a 1 k s ----S~~--t Ll'~'n~s L,t:::~ ~.L -Other (Specify) NOW, THEREFORE, the undersigned hereby consent that the City of Springfield, Oregon ~ay constrcct said improvement(s) a~j let the CGntract in any manner it desGs most advantageous and without holding a pUJlic hearing or advertising for bids-===thet2for~ 2nd the undersigned hcrEbj h'a;ve :ioti:e to construct 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 irregularities in the proceedings and hereby ratify and confirm all that may be done in the premises and consent that certain costs of the construction of said improvement(s), including City Engineer's charges for administration, legal fees, sl.i;:ervision, inspection, an: advertising may be a~sessed against said described property. This waiver shell include all matters pertaining to the contr2ct to be let including any changes, by Change Order or otherwise, in the scope or extent of the contract ancillary to the intent of the contract which ~2Y be deemed necessary by the Public Works Department of the City of Springfield. The undersigned waive any rights to remonstrate against the addition of any adjacent property at the discretion or the City Engineer to the contract to be let as long as the inclusion or 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. As of the date below, the undersigned hereby certify that any and all owners or 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 owners have signed this instrument (or an exact copy hereof) opposite their names below. C\S ED #18-2 lof 2 ATTACHMENT 2-6 . . . 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 undersigned will be responsible for payment of all assessments which would otherwise be the responsibility of such unlisted owners. DATED: J \.J~ 3>0 I ~ '3~L TYPED OR PRINTED NAMES OF OWNERS: SIGNATURES OF OWNERS: Bradlev & Betty Slikker D. G. & C. Meharrv x D. L. & T. M. Kruckman L2-__ /' /\~~____, ,.-{ -rll~ ~ /. J ~! .) ,,; -<-..:).0..- / / . 1',/?,I_A.....-CA?.A7'/cZ.J I \ STATE OF OREGON 55. County of Lane Subscribed and sworn to before me this day of , 19~ Notary Public Dated (My Commission Expires) C\S ED #18-2 2 of 2 ATTACHMENT 2-7 . . . . STATE OF OREGON) SS COUNTY OF LANE) T~ BE IT REMEMBERED that on this I~ day of W,f2..IL , 1992, before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within nciilEd D~T<-J2E:-LL G. ~~~v known to me to be the identical individual described in and who executed the within instrument and acknowledged to me tha~ t+E: executed the same freely and voluntarily. IN TESTH10if{ WHEREOF, I have set my hand and affixed my official seal the day and year last 2bove written. ~ \2-.~ Notary Public for Oregon My Commission expires \ \-0-~ ~~.....".....,.~...-_.....- . I /'=:., . ': ;';:.. .3 EAL F--b-' , "R ROGERS j ;.-,~~,_ i".d,:C . OREGO~J I \<~?T:~ ec'.::- ",:,'':': r-.;o, 002i36 ! ~ MY D:iI'(:~.i~SiG;; E.~~IHS w,'. fi 1ffi4 << STATE OF OREGON) 55 COUNTY OF LAN E) ~'v.. BE IT REMEMBERED that on this 30 - day of :3\Jt-!E.. , 1992, before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within named D~jS LeE. KAt.KMM known to me to be the identical individual described in and who executed the within instrument and acknowledged to me tha~ ~~ executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have set my hand and affixed my official seal the day and year last above written. ~~ijJi(c~ Nota~ Public for Oregon My Commission expires S"i't. 3iJ/l~q5' ~ OFFICIAL SEAL TROY Me ALUSTER NOT ARY PUBLIC . OReGON COMMISSION NO, 009Q1J MY roMMISSIaH EXPIRES sm.:Do ,~ ATTACHMENT 2-8 STATE OF OREGON) SS COUNTY OF LANE) ~ BE IT REMEMBERED that on th is 3C -day of :5"IJ,.lE.. , 1992, before me, the undersigned, a Notary Public in and for said County and State, persona 11 y appeared the with in named ""'=-<-R.E>A ,...lACE K r2.ULKHAN known to me to be the identical individual described in and who executed the within instrument and acknowledged to me tha~ ~~ executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have set my hand and affixed my official seal the day and year last above written. . ~~ i::~'-"~ .... ~ ~ ,\... _/ I "'~ O;=;:ICIAL SEAL Ti'-O'/ ~c ",L:.! 5::'~~ , N8Tu'<" P:,:JIIC . Cr,::j::~J cOtvllJ.:ss;c5;~ NO, OC:~ 1~ MY c:JfMll:SSiCK EXPiE~S SE?T :>), ',s":;S ~~/ tl'rl(m,~ Not~ry Public for Oregon My Commission expires ~. 3D, Iqq~ . STATE OF OREGON) 55 COUNTY OF LANE) ~i." BE IT REMEMBERED that on this =O-dayof 3vJ.lE.. ,1992, before me, the undersigned, a Notary Public in and for said County and State, personally appeared the wi th i n named 52Tr~ LOV Sl-lkKc:e known to me to be the identical individual described in and who executed the within instrument and acknowledged to me tha~ SHE.. executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have set my hand and affixed my official seal the day and year last above written. (I)" \'., ~:< , . OFrlCIAL SEAL. T?;',~' :,"'~ A: L1SiE~ NOTARY PUBLIC. ORE'GON COMMISS:ON NO, 0099,4 MY O1MMISSIOH EXPIRES SEPT. 311m My Commission expires ~.3~lqq5 . .. " ATTACH~1ENT 2-9 . . . . .. STATE OF OREGON) SS COUNTY OF LANE) ~l., BE IT REMEMBERED' that on th is :,C - day of .:}IJNE. , 1992, before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within named B(Aou::~ -:)cE.. $.Lli<Xt::R known to me to be the identical individual described in and who executed the within instrument and acknowledged to me tha~ ~E executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have set my hand and affixed my official seal the day and year last above written. ----4 j)n <- ~ NotarY~bliC for Oregon My Commission expires ~+. ~/iqqs ~ OFF/CIA!... SE~L TROY Me AlLlS":"::~ NOT ARY PU8L1C - O~E'~"'J COMMISSiON NO ',,~VI MY WMMISSIl1L' t\'~I'-' .~.Q,._914 r';n LAr h~~ ~:rl,lJ, 1~ STATE OF OREGON) SS COUNTY OF LANE) BE IT REMEMBERED that on this day of ,1992, before me, the undersigned, a Notary Public in and for said County and State, personally appeared the within named known to me to be the identical individual described in and who executed the within instrument and acknowledged to me tha~ executed the same freely and voluntarily. IN TESTIMONY WHEREOF, I have set my hand and affixed my official seal the day and year last above written. Notary Public for Oregon My Commission expires ATTACHMENT 2-10