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HomeMy WebLinkAboutResolution 02-59 12/02/2002 . . . RESOLUTION No. -zB=5~- 02-59 Intention to Improve WHEREAS, the Springfield City Council has the authority to initiate the construction of public improvements in the City of Springfield pursuant to the provisions of Sections 3.000 through 3.018 of the Springfield Municipal Code, and WHEREAS, the Council has deemed that the installation of sewer and drainage improvements in Laura Street from 300 feet north of Lindale Drive to the south 1170 feet and vicinity, Project No. P20322, will be of future benefit and fulfills the public need for a complete, integrated, fully improved public improvements system in the City of Springfield, and a necessary, convenient, and publicly beneficial addition to such system in the City, and will also provide a particular and specific benefit to certain properties in that said improvements will directly serve, broaden the use of, and increase the value of such properties. NOW THEREFORE BE IT RESOLVED, that the Common Council of the City of Springfield hereby declares its intention to initiate the installation of sewer and drainage improvements in Laura Street from 300 feet north of Lindale Drive to the south 1170 feet and vicinity, Project No. P20322, and to assess all property to be benefited by said construction of this improvement. BE IT FURTHER RESOLVED that this Resolution is a declaration of intent under United States Treasury Regulation Section 1.103-18. BE IT FURTHER RESOLVED that the City of Springfield reasonably expects to reimburse the expenditures incurred to construct the aforementioned improvement with the proceeds of a future debt issue to be incurred by the City. The maximum amount of debt expected to be issued for the purpose of reimbursing expenditures for this project is $150,000. BE IT FURTHER RESOLVED that the City Engineer of the City of Springfield is hereby directed to prepare and submit to the City Council a report to include the plans, specifications, estimated total cost and assessments of the above named public improvement. BE IT FURTHER RESOLVED that the property owners have waived notice of the public hearing as stated in the waiver petition. Adopted by the Common Council and approved by the Mayor of the City of Springfield, Oregon this 2nd day of December, 2002. \ ~ Mayor ATTEST: " O\..tA~ ~ REVIEWED & APPROVED AS "'fO FORM ~ o-'>~.e> "" ~ \.. ("-A \"\,( DATE: ~ '2. I 2. l2 oc, '2 OFFICE OF CITY ATTORNEY ., ..~ 14' \ WAIVER PETITION . J: WHEREAS, the undersigned, the developer or subdivider, desire to construct (Name of Improvement) Installation of Sanitary Sewerccarid Storm Sewers along Laura Street at(,Lindale Drive, Tax lots 1703271001200. & 1300 and 1400 o Curbs and Gutters rnx Sanitary Sewers (]IX Engi neeri ng (Type of Improvements) o Paving . ~ Storm Ora i nage o Water Li nes o Sidewal ks o Street Lights [] Other (Specify) . NOW, THEREFORE, the undersigned hereby consent that the City of Springfield, Oregon may construct said improvement(s) and let the contract in any manner it deems most advantageous and without holding a public hearing or advertising for bids therefor, and the undersigned hereby waive notice 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, supervision, inspection, and advertising may be assessed against said described property. This waiver shall include all matters pertaining to the contract to be let including any changes, by Change Order or otherwi se, in the scope or extent of the contract anc i 11 ery to the intent of the contract which may 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 of the City Engineer to the contract to be let as long as the inclusion of 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. It is acknowedged by the undersigned that submittal to and acceptance by the City of this waiver shall in no way obligate the City to provide Bancroft financing for the above- described improvements. Further, the City does not guarantee the sale or disposition of any warrants issued in payment for the above-described improvements. As of the date below, the undersigned hereby certify that any and all owners of 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. . RECE1VED MOV 2 1 2.002 BY: CIS ED #18-2 1 of 2 .-. '1 '. 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 any assessments which would otherwise be the responsibility of such unlisted owners. DATED : ll.. "2-D - 0 G- TYPED OR PRINTED NAMES OF OWNERS: R-blJ A c..p j A C () (j:>O 1J SIGNATURES OF OWNERS: !2-u C;~ . STATE OF OREGON ) ~ ss. 'County of Lane Subscribed and sworn to before me this -.:La day of NO\.r{~ \q~~ I' . -' Not y Puffi c ______ Dated NrIr dO JOO/_ I 1/;' . L;>11J... ;J{J d-6 () ~ Commission E~pires) ~ CIS ED #18-2 2 of 2 RECEIVED NO" 2, 1 lOOl . BY: . ~ .', .~. WAIVER PETITION . WHEREAS, the undersigned, the developer or subdivider, desire to construct (Name of Improvement) Installation of Sanitary SewerbaIi.d Storm Sewers.along Laura Street at,Li'ndale Drive, Tax lots 1703271001200. & 1300 and 1400 o Curbs and Gutters rnx Sanitary Sewers I]lX Engineering (Type of Improvements) o Paving W Storm Drainage o Water Li neS o Sidewalks o Street Lights [] Other (Specify) . NOW, THEREFORE, the undersigned hereby consent that the City of Springfield, Oregon may construct said improvement(s) and let the contract in any manner it deems most advantageous and without holding a public hearing or advertising for bids therefor, and the undersigned hereby waive notice 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, supervision, inspection, and advertising may be assessed against said described property. This waiver shall include all matters pertaining to the contract to be let including any changes, by Change Order or otherwi se, in the scope or extent of the contract anc i 11 ery to the intent of the contract which may 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 of the City Engineer to the contract to be let as long as the inclusion of 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""" Ci ty-o f-Spr ing field--u nder-existing-8itYPolici-es--or--policies-wh-ich---ma-y-b e-hereaf-te r- adopted. It is acknowedged by the undersigned that submittal to and acceptance by the City of this waiver shall in no way obligate the City to provide Bancroft financing for the above- described improvements. Further, the City does not guarantee the sale or disposition of any warrants issued in payment for the above-described improvements. As of the date below, the undersigned hereby certify that any and all owners of 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. . RECEIVED NOV 0 2002 B. CIS ED #18-2 1 of 2 , " ..... 'f'" .. .. 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 any assessments which would otherwise be the responsibility of such unlisted owners. DATED: ((/:J-o,Io"d- TYPED OR PRINTED NAMES OF OWNERS: gael/Jet;: Ct., ,,,, .<-0"'. ,- L L c be ~ ~ 1d ~L. f{ ~~ V'-/ Iv..cu- ~ I ( . STATE OF OREGON ) ~ ss. 'County of Lane LL_C. ;.?V- "'I ,'tJkvf :2 00 'L day of llk>l.I~-B@l..., T9 - Subscri bed and sworn to before me thi s 2..t:> r# OFFICIAL SEAL . DENNIS P ERNST NOTARY PUBLIC. OREGON COMMISSION NO. 333877 MY COMMISSION EXPIRES APRIL 20. 2004 Dated 1/- ZQ - 0 '"L. . CIS ED #18-2 2 of 2 !L3ff~ Notary Public ,Aj/,LIL. Z 0 I 2..004- (My Commission Expires)