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Home My WebLink AboutOrdinance 5734 04/18/1994 . . . .J ~ 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 '. . . '\ ,f fIi. 5 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. ~~ City Recorder ~T:~ :\ ~I r ~I".:~~~. I_~~. {,~~-~.Jr~~...- .'o! ~ .~; ~,... ~ . - r .. ...-, . fl i~~~~~_~ b~= c._ ....~_~., :!"k-:: ~\~~~?- '-\ l.~q5i~~, ~'\r.-:r;::,~nF:: (\1': C!lV ATTORNEY v~ II ~v"". /" G:'rv ~; 2;~~1:~GFiEL.D .'\~ 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 . \ ~/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 '" -'I 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~ / 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 i ("I , , i~Cj~ C\S ED #18-2 2 of 2' ~-V a-"", (. . ~'" 4 ~ r-<.:r r' CU!.l!vJ....'-1. ;./ Notary Public :5t::f7 .. ~o I '1 C'IS' (My Commission Expires) ATTACHMENT 1-6