ORDINANCE No. 176787

Assess benefited property for the costs of constructing water main improvements in the SW Arboretum Circle Water Main Local Improvement District (Hearing; Ordinance; C-9979)

The City of Portland ordains:        

Section 1.  The Council finds:

1.  The Council directed the Water Bureau to proceed with design of water main improvements in the SW Arboretum Circle Water Main Local Improvement District by the passage of Resolution No. 35877 on April 12, 2000.

2.  The Council stated its intent to construct water main improvements in the SW Arboretum Circle Water Main Local Improvement District by the passage of Resolution No. 35893 on June 14, 2000.

3.  The Council approved formation of the SW Arboretum Circle Water Main Local Improvement District by the passage of Ordinance No. 174621 on June 28, 2000.

4.  The water main improvements in the SW Arboretum Circle Water Main Local Improvement District were constructed under the terms of Contract Number 33088 by Dunn Construction Company. This contract was executed with the Bureau of Purchases’ acceptance of Bid Number 100065 on July 26, 2000.

5.  The Council accepted the water main improvement project as complete on May 22, 2002. The whole cost of the street improvement is $252,767.10 of which $228,522.03 has been incurred and $24,245.07 is estimated. The property owners' share for this project is $235,447.46. Additional funding has been provided by the Portland Water Bureau in the amount of $16,839.73; and by the Portland Office of Transportation in the amount of $479.91.

6.  Progress payments and final payment, including retainage, have been made to the contractor, Dunn Construction Company.

7.  The Water Bureau has a pending interest claim from Dunn Construction Company in the amount of $506.84, which, if paid, will be absorbed by the Water Bureau and will not be assessed to property owners within the SW Arboretum Circle Water Main Local Improvement District.

8.  Each parcel of land within the local improvement district receives special and peculiar benefit from the project in the amounts set forth in Exhibit A. The benefited properties are legally described based on Multnomah County property tax records as of the filing date of this ordinance.

9.  The City Auditor has notified property owners of the assessment hearing conducted by City Council, the right and manner to object to the proposed assessment, and the amount of the proposed assessment on benefited property as set forth in Exhibit B.

10.  The Council has considered the proposed assessments and all the objections made by owners of benefited property and has accepted the report of the responsible bureau.

NOW, THEREFORE, the Council directs:

a.  The assessment roll contained in Exhibit B of this ordinance is hereby adopted and approved.

b.  The City Auditor to enter the assessments in the Docket of City Liens.

c.  The City Auditor to mail final assessment notices to all owners of benefited property as described in Exhibit B.

Passed by the Council, AUG 07 2002

GARY BLACKMER

Commissioner Jim Francesconi  AUDITOR OF THE CITY OF PORTLAND

Commissioner Dan Saltzman            BY /S/ SUSAN PARSONS

Andrew Aebi:slg

July 9, 2002  DEPUTY

SW Arboretum Assessment Ordinance.doc  

BACKING SHEET INFORMATION

AGENDA NO. 954, 970-2002

ACTION TAKEN:

JUL 31 2002 PASSED TO SECOND READING AUG 07 2002 9:30 A.M.

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 176787