HomeMy WebLinkAboutOrdinance 5734 04/18/1994
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ORDINANCE NO. 5734
(Special)
AN ORDINANCE LEVYING ASSESSMENTS FO~CONGRETE PAVEMENT, CURBS AND
GUTTERS, SIDEWALKS AND STORM DRAINAGE TO SERVE NORTH 8TH STREET, G
STREET TO SPRINGFIELD HIGH SCHOOL PROPERTY (1-794), 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 May 11, 1993 for concrete pavement, curbs and gutters,
sidewalks and storm drainage to serve North 8th Street, G Street to
Springfield High School Property (project #1-794) and Ordinance No.
5690, passed by the City Council on May 17, 1993, 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. 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 "B".
Section 2: The total cost of the improvement construction, based upon
the contract awarded, was $39,893.29. The City and County will pay,
as their share of said construction, the sum of $28,693.29 leaving a
balance of $11,200 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 gbverning 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
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in favor and
o against this 18th -day of Apri 1
, 1994.
APPROVED by the Mayor of the City of Springfield this 18th day of
Apri 1 , 1994.
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City Recorder
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Ordinance No.
Page 1 of 1
EXHIBIT "A"
PROJECT NO. 1-794
8TH STREET FROM "G" STREET NORTH 120 FEET
DESCRIPTION OF ASSESSABLE PROPERTIES
School District No. 19 . $5,600.00
525 Mill Street
Springfield, Oregon 97477 On: Vacant
Lots 19 and 20, Block 108, Washburne's Subdivision of the Springfield Investment and
Power Company's Addition to Springfield as platted and recorded in Volume 2, Page 73, Lane
County Oregon Plat Records in Lane County, Oregon.
ALSO: The Northerly two (2.0) feet of G Street vacated on June 30, 1911 by City of Springfield
Ordinance No. 249. TL 17 03 35 12 06800
School District No. 19 $5,600.00
525 Mill Street
Springfield, Oregon 97477 On: 812 G Street
Lots 11 and 12, Block 107, Washburne's Subdivision of the Springfield Investment and
Power Company's Addition to Springfield as platted and recorded in Volume 2, Page 73, Ume
County Oregon Plat Records in Lane County, Oregon.
ALSO: The Northerly two (2.0) feet of G Street vacated on June 30, 1911 by City of Springfield
Ordinance No. 249. TL 17 03 35 12 06900
ATTACHMENT 1-3
EXH I BIT IIBII
WAIVER
WHERFAS, the urrlersigned, the developer or sul:x:livider, desire to
construct street Improvements, on 8th Sheet north of G street to the school
property ~ '!he proj ect shall include pavement, curb am. gutter, ~idewalks and.
drainage.
(Type of Improvements)
-LPaving
-LStorrn Drainage
Water Lines
x CUrbs and. Gutters
- Sanitary Sewers
X Enqineering
S idewalY...s
street Lights
other
(Specify)
'N<::M, 'IHEREFORE, the urrlersigned hereby consent-that the City of
Springfield, Oregon may construct said ilrprovenent(s) and. let the contract in
any manner it deems most advantageous arrl without holding a public heari.ng- or
advertising for bids therefor, arrl the urrlersigned hereby waive notice to
construct said ilrprovement(s) as is provided in said Springfield City Ccx:ie arrl
also waive notice of the assessrrent against said property for the construction
of the same including City Enqineer's charges, arrl hereby expressly waive any
arrl all irregularities in the proceedings arrl hereby ratify arrl confirm all
that may be done in the premises arrl consent that certain costs of the
construction of said inprovement(s), including city Engineer's charges for
administration, legal fees, supervision, inspection, arrl advertisi.ng- may be
assesse:i against said described property.
'Ihis waiver shall include all matters pertaining to the contract to be
let includ.i.nq any changes, by Olange order or otherwise, in the scope or
extent of the contract ancillazy to the intent of the contract which may be
deemed necessaJ:Y by the Public Works Cepartment of the City of Springfield.
'Ihe urrlersigned waive any rights to remonstrate against the addition of
any adj acent property at the discretion of the city Engineer to the contract
to be let as lon:3' as the inclusion of adjacent property will not result in
greater cost to the original signers.
. FURJ:H:E:Rt.ORE, the urrlersigned waive any rights to contribution or shari.ng-'
of costs by the City of Spri.n;rfield urrler existing city policies or policies
which may be hereafter adopte::1.
As of the date belCM, the urrlersigned hereby certify that any arrl all
c::M1nerS of property subject to assessment for the aJ:x:r.Je-described inprovements
are as liste::1 directly hereurrler, arrl further that this waiver shall have no
legal effect unless all named owners have signed this instnIrrent (or an exact'
copy hereof) opposite their names belc::M'.
C\S ED US-2
1 of 2
ATTACHMENT 1-4
EXHIBIT "B"
The urdersignej agree to deferd, irdernnify an::i hold the City hannless fran
all liability arrl act.io!1S VJhich might arise in the event that all o..ners of
property affecte::l by this 'w"aiver as of the date belOw' are not list.ed herein and
further agree that the \.1I'rle.rsigne:i will be :resp::l11Sible for payme.nt of all
as~~ts which would othe.n..-ise be the responsibility of such w'llistOO owners.
Q'Icr'ED :
2/1/ /q3
TYPED OR I:RINI'ED NAMES OF ~:
steve Barret
Dep.lty Clerk
School District 19
SI~ OF CM7NERS:
&r-M.~
~"1 H. Lc:n01Qs-
STATE OF ORmCN )
) 55.
Cotmty of Lane )
_ OFFICW. SEAL
CAROLE LYNNE ROSE
HOT "'ff:'f PlJeUC .O"fOOH
~tON 1'0, O~OOI"
MY CONt.flSSlOH EXI"tRfI OCT,O, 1~
Dated
v?j, /93
I /
// day of)/!J.JI' I" 19 <('1 .
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~/r/. C7f!r-:"y,JJ ~f J
Not.ary Public -
(~J~ /j,Xr J) / / I /995
(My Camnisston Expires)
SUbscri.be:1 and. sworn to before me this
C\S ED #'18-2
2 of 2
ATTACHMENT 1-5
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EXHIBIT "B"
The urrlersigne::i agree to deferrl, i.rrlemnify an:l hold the City hannless fran
all liability an:l actions which might arise in the event that all owners of
property affected by this waiver as of the date belCM are not listed herein an:l
further agree that the un::iersigned will be responsible for payment of all
a..ss€'SSments which would otherwise be the responsibility of such unlisted awner5.
DATED: /"\Q.Y"cL.. \ '1
Iqq~
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T'iPED OR PRlNI'ED NAMES OF ~:
steve Barret
, Dep..rty Clerk
School District 19
Ruth M. Lemonds
STATE OF ORB3ON )
) ss.
County of lane )
SIGWcrURES OF~:
f2{/Y 9-ry, ~~~
OFFICIAL SEt.L
TROY ~.~C ALll~TER
NeT {!,RY PU8l1C . OREGON
COI/,MISSION i\lO. 003914
MY all.lMISSION EXPIRES SEPl. 3J. 1935
SUbScr.ibe:i and swo:rn to before me this
\~ day of r'\~H, 19 '13.
Dated ,..UV::Lti
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C\S ED #18-2
2 of 2'
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~ r-<.:r r' CU!.l!vJ....'-1.
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Notary Public
:5t::f7 .. ~o I '1 C'IS'
(My Commission Expires)
ATTACHMENT 1-6