HomeMy WebLinkAboutOrdinance 5722 02/07/1994
.
.
.
t..
ORDINANCE NO. 5722
(Special)
AN ORDINANCE LEVYING ASSESSMENTS FOR PAVING, CURBS AND GUTTERS,
SIDEWALKS, STREET TREES, STORM DRAINAGE, SANITARY LATERALS, AND STREET
LIGHTING TO SERVE 41ST STREET, MAIN STREET TO COMMERCIAL AVENUE; AND A
STREET, 41ST STREET TO 200 FT. EAST OF 41ST STREET, AND VICINITY (1-
808), 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 16, 1992, for paving, curbs and gutters, sidewalks,
street trees, storm drainage, sanitary laterals, and street lighting
to serve 41st Street, Main Street to. Commercial Avenue; and A Street,
41st Street to 200 ft. East of 41st Street, and vicinity (prj.# 1-808)
and Ordinance No.5649, passed by the City Council on August 17, 1992,
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. Owners
of benefited property and all interested persons were invited to
appear at a public hearing on February 7, 1994.
Section 2: The total cost of the improvement construction, based upon
the contract awarded, was $263,196.19. The City will pay, as their
share of said construction, the sum of $117,254.25 leaving a balance
of $145,941.94 which is hereby assessed against the property benefited
by the improvement and in the reputed ownership of persons named as
follows:
(See Exhibi t "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.
ADOPTED by the Common Council of the City of Springfield by a vote of
5 in favor and 0 against this 7th day of February ,1994.
APPROVED by the Mayor of the City of Springfield this 7th day of ____
February ,1994.
~~
Mayor
~~~
City Record r
.... .... -.......,- ~"~ ".-.-,
:', t",,~-~i..J~;~,~:I\./~:~)
:~:~,~:.'.: j ~\.a,..
. . ~\*~= ______J=
. j~_,,~ ':L\,_\~~~=
: , . :,;:c;",f /\TTCHlhlEV
, , , _.~., <'::~]J)
f
or
.
Ordinance No,
Page 1 of 3
EXHIBIT "A"
PROJECT 1-808
41ST STREET IMPROVEMENTS, FROM MAIN STREET TO COMMERCIAL AVENUE
AND "A" STREET IMPROVEMENTS, FROM 41ST STREET TO 200 FEET EAST
DESCRIPTION OF ASSESSABLE PROPERTIES
East Side Baptist Church
4045 Commercial Boulevard
Springfield, OR 97478
$ 11 .453 , 56
On: 4045 Commercial Blvd
.
Beginning at the Southeast corner of the Lucinda Comegys Donation Land
Claim No, 81, Township 17 South, Range 2 West of the Willamette Meridian;
thence South 890 50' 30" West 1232,1 feet along the South line of said
Donation Land Claim No,81, to a point; thence South 00 02' East 165,16 feet to
a point on the easterly right-of-way of a 60 foot road (40th Street), said
point being the True Point of Beginning; thence South 00 02' East 426,94 feet
along the Easterly right-of-way of a 60 foot road; thence South 890 44' 30"
East 390,70 feet; thence South 410 45' East 224,36 feet to a point on the
Westerly right-of-way of a 60.0 foot road (41st Street); thence North 480 15'
East 175,00 feet along the Westerly right-of-way of a 60,0 foot road to the
Southwesterly right-of-way of Commercial Boulevard (80 feet wide); thence
North 410 45' West 804.50 feet along the Southwesterly right-of-way of
Commercial Boulevard to the Southeasterly right-of-way of a 60,0 foot road
(40th Street); thence South 480 15' West 181.20 feet along the Southeasterly
right-of-way of a 60,0 foot road to the True Point of Beginning, all in Lane
County, Springfield, Oregon,
EXCEPT THEREFROM: East Side Estates Subdivision, as platted ~nd
recorded in Book 66, Page 10, Lane County Plat Records,
TL 17 02 31 14 04000
Evelyn Allen, ETAL
%Robert J, & Mary M, Gleich
225 41st Street #42
Springfield, OR 97478
$ 8,508,37
On: Vacant
.
THE NORTH 130 FEET OF THE FOLLOWING DESCRIBED PARCEL: Beginning at
Southeast corner of the Lucinda Comegys Donation Land Claim No, 81, Township
17 South, Range 2 West of the Willamette Meridian; thence South 890 50' 30"
West 632,1 feet along the South line of said Donation Land Claim, thence South
00 02' East 852.50 feet to the true point of beginning; running thence South
00 02' East 444,0 feet; thence South 890 44' 30" East 653,2 feet along a line
parallel to the centerline of the McKenzie Highway to the Southwesterly Margin
of Commercial Boulevard; thence North 410 45' West 597,56 feet along the
Southwesterly margin of Commercial Boulevard; thence North 890 44' 30" West
255,58 feet to the true point of beginning in Lane County, Springfield,
Oregon, TL 17 02 31 14 04100
ATTACHMENT 2-3
.
.
.
~..
Ordinance No,
Page 2 of 3
EXHIBIT "A"
Evelyn Allen, ETAL
%Robert J, & Mary M,
225 41st Street #42
Springfield, OR 97478
$ 46,586,57
Gleich
On: 225 41st Street
Beginning at Southeast corner of the Lucinda Comegys Donation Land Claim
No, 81, Township 17 South, Range 2 West of the Willamette Meridian; thence
South 890 50' 30" West 632,1 feet along the South line of said Donation Land
Claim, thence South 00 02' East 852,50 feet to the true point of beginning;
running thence South 00 02' East 444,0 feet; thence South 890 44' 30" East
653,2 feet along a line parallel to the centerline of the McKenzie Highway to
the Southwesterly Margin of Commercial Boulevard; thence North 410 45' West
597,56 feet along the Southwesterly margin of Commercial Boulevard; thence
North 890 44' 30" West 255,58 feet to the true point of beginning in Lane
County, Springfield, Oregon, EXCEPT THEREFROM: the North 130 feet of the
above described parcel, TL 17 02 32 32 00800
Steve Depalma
P,O. Box 455
Eugene, OR 97440
$ 38,481.29
On: 216/218, 254/256,
328/330, and 368/370
41st Street
Parcel 3 of Land Partition Plat No, 91-P0124 as platted and recorded in
the Lane County Oregon Partition Records in Lane County, Oregon,
TL 17 02 31 14 04502
John Wayne Hooton
P,O. Box 7216
Eugene, OR 97401
$ 20,550.98
On: 4090 Main Street
Beginning at the Southeast corner of the Lucinda Comegys Donation Land
Claim No, 81, Township 17 South, Range 2 West of the Willamette Meridian;
thence South 890 50' 30" West 1232.1 feet along the South line of said
Donation Land Claim to a point; thence South 00 12' East 1352,1 feet to a
point marked by an iron pin; thence South 890 44' 30" East 440,0 feet to the
true point of beginning; thence South 890 44' 30" East 100,0 feet to a point
marked by an iron pin; thence South 00 02' East 334,0 feet to an iron pin set
on the Northerly right-of-way line of the McKenzie Highway; thence North 890
44' 30" West 100,0 feet along said Northerly right-of-way line to a point;
thence North 00 02' West 334.0 feet to the true point of beginning in Lane
County, Springfield, Oregon, TL 17 02 31 41 00200
ATTACHMENT 2-4
.
.
.
~ .
Ordinance No,
Page 3 of 3
EXHIBIT "A"
Gerdes Investment, Inc,
4554 Camellia Street
Springfield, OR 97478
$ 8,770,16
On: Vacant
Beginning at the Southeast corner of the Lucinda Comegys Donation Land
Claim No, 81, Township 17 South, Range 2 West of the Willamette Meridian;
thence South 890 50' 30" West 222,3 feet along the South line of said claim
No, 81; thence South 00 15' West 1359,4 feet; thence North 890 44' 30" West
303,10 feet to the True Point of Beginning; thence continuing North 890 44'
30" West 100,0 feet to the Easterly right-of-way line of 41st Street; thence
South 00 02' East 334 feet along said Easterly right-of-way line to the
Northerly right-of-way line of the McKenzie Highway; thence South 890 44' 30"
East 100,0 feet along said Northerly right-of-way line; thence North 00 02'
West 334 feet to the True Point of Beginning in Lane County, Oregon, EXCEPT
THEREFROM: The South 200 feet of the above described property,
TL 17 02 32 32 00900
Gerdes Investment, Inc.
4554 Camellia Street
Springfield, OR 97478
$ 11,591. 01
On: Vacant
THE SOUTH 200 FEET OF THE FOLLOWING DESCRIBED PROPERTY: Beginning at
the Southeast corner of the Lucinda Comegys Donation Land Claim No, 81.
Township 17 South, Range 2 West of the Willamette Meridian; thence South 890
50' 30" West 222,3 feet along the South line of said claim No, 81; thence
South 00 15' West 1359,4 feet; thence North 890 44' 30" West 303,10 feet to
the True Point of Beginning; thence continuing North 890 44' 30" West 100.0
feet to the Easterly right-of-way line of 41st Street; thence South 00 02'
East 334 feet along said Easterly right-of-way line to the Northerly right-of-
way line of the McKenzie Highway; thence South 890 44' 30" East 100.0 feet
along said Northerly right-of-way line; thence North 00 02' West 334 feet to
the True Point of Beginning in Lane County, Oregon,
EXCEPT THEREFROM: The East 25 feet of the above described property,
ALSO EXCEPT THEREFROM: That portion conveyed to the State of Oregon, by
Deed recorded August 3, 1966, Clerk's file No, 56419, Lane County Oregon Deed
Records, in Lane County, Oregon. TL 17 02 32 32 01000
ATTACHMENT 2-5
'7 :,-
CITY OF SPRINGFIELD - FINANCE DEPARTMENT
M E M 0 RAN DUM
..
FROM:
February 1, 1994
Mike Kelly, City Manager
Pat Coleman, Acting Finance Director
Ginger Starck, Accounting Manager
COUNCIL
BRIEFING
MEMORANDUM
DATE:
TO:
SUBJECT :
ESTABLISHING ASSESSMENT LIENS FOR INSTALLATION OF PAVING, CURBS
AND GUTTERS, SIDEWALKS, STREET TREES, STORM DRAINAGE, SANITARY
LATERALS, AND STREET LIGHTING TO SERVE 41ST STREET, MAIN STREET
TO COMMERCIAL AVENUE; AND 'A' STREET, 41ST STREET TO 200 FT.
EAST OF 41ST STREET, AND VICINITY. PROJECT #1-808.
ISSUE:
The City mailed a certified notice to property owners on January 26, 1994
informing them that a public hearing would be held on February 7, 1994, to
receive comments on the assessment of costs for installation of paving,
curbs and gutters, sidewalks, street trees, storm drainage, sanitary
laterals, and street lighting to serve 41st Street, Main Street to
Commercial Avenue; and 'A' Street, 41st Street to 200 ft. East of 41st
Street, and vicinity. (project #1-808)
DISCUSSION:
.
The assessment of the cost of public improvements such as street paving,
sidewalk installation, and sewer service to the adjacent benefiting
properties in a local improvement district is allowed and governed by state
statutes (ORS 223.205-670) and the City Code (2-1-1 to 2-4-4) .
The City Engineer's report was adopted by Ordinance No.5649 on August 17,
1992. The Engineer's report estimated the total cost of the project at
$282,500 and the assessable portion at $218,500. The project was completed
and was accepted by resolution of the Council on September 27, 1993. The
final assessable project costs totaled $145,941.94. The final project costs
totaled $263,196.19 which $117,254.25 was paid by the City Street and Sewer
Funds.
The next step in the assessment process is for the City Council to hold this
public hearing for property owner comments and to adopt the attached
assessment ordinance. This ordinance allows the City to enter the
assessment on its lien docket and begin billing the property owners. The
property owners have the option of paying the assessment in full within 10
days, signing a bancroft application to make payments over a period of ten
years, or making a partial payment and signing a bancroft application to
make payments on the balance over a ten year period.
ACTION REQUESTED:
The Council is requested to adopt the attached ordinance levying assessment
liens for the cost of the improvements including installation of paving,
curbs and gutters, sidewalks, street trees, storm drainage, sanitary
laterals, and street lighting on 41st Street, Main Street to Commercial
Avenue and 'A' Street, 41st Street to 200 ft. East of 41st Street, and
vicinity (project #1-808), in the amount of $145,941.94.
.
ATTACHMENT 1-1