HomeMy WebLinkAboutOrdinance 5697 06/07/1993
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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.
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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.
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Mayor
ATTEST:
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City Recorder
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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
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EXHIBIT "B"
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M E M 0 RAN 0 U M
City of Springfield
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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
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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
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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
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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
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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
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D. L. & T. M. Kruckman
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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
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. 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-~
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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'
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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.
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O;=;:ICIAL SEAL
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MY c:JfMll:SSiCK EXPiE~S SE?T :>), ',s":;S
~~/ tl'rl(m,~
Not~ry Public for Oregon
My Commission expires ~. 3D, Iqq~
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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.
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OFrlCIAL SEAL.
T?;',~' :,"'~ A: L1SiE~
NOTARY PUBLIC. ORE'GON
COMMISS:ON NO, 0099,4
MY O1MMISSIOH EXPIRES SEPT. 311m
My Commission expires ~.3~lqq5
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ATTACH~1ENT 2-9
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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
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OFF/CIA!... SE~L
TROY Me AlLlS":"::~
NOT ARY PU8L1C - O~E'~"'J
COMMISSiON NO ',,~VI
MY WMMISSIl1L' t\'~I'-' .~.Q,._914
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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