ORDINANCE No. 176907

* Assess benefited property for the costs of constructing street and sidewalk improvements in the NW Thompson Road Local Improvement District (Ordinance; C-9912)

The City of Portland ordains:        

Section 1.  The Council finds:

1.  Council statement of intent to form the NW Thompson Road Local Improvement District by passage of a resolution was waived due to unanimous petition support by a single property owner.

2.  The Council approved formation of the NW Thompson Road Local Improvement District by the passage of Ordinance No. 169877 on March 13, 1996.

3.  The 5,445 linear feet of street improvements in the NW Thompson Road Local Improvement District were constructed under the terms of Contract Number C-9912 by Copenhagen Utilities & Construction Inc. This contract was executed with the Council acceptance of Bid Number C-9912 on May 15, 1996.

4.  The Council accepted the street improvement project as complete on May 27, 1998. The whole cost of the street improvement is $5,209,787.13, of which $4,074,231.86 has been incurred and $1,135,555.27 is pending. The property owners' share for this project is $4,998,243.75. Additional funding has been provided by the Portland Office of Transportation in the amount of $211,543.38.

5.  Progress payments, including retainage and construction claims, have been made to the contractor, Copenhagen Utilities & Construction Inc.

6.  Nauru Phosphates Inc. has reimbursed the Portland Office of Transportation in the amount of $27,520.00 prior to LID formation. Nauru Phosphates Inc. will provide non-LID funding to the City Auditor in the amount of $2,949,483.84 from release of escrow in lieu of assessing the properties identified in Exhibit A. The remaining $2,021,239.91 will be assessed upon properties as identified in Exhibit B.

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

8.  The City Auditor has notified property owners proposed for assessment 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.

9.  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 C 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 identified in Exhibit B.  

Section 2.  The Council declares that an emergency exists because a delay in the effective date on which this ordinance takes effect would result in substantial additional financing expense to the property owners, and would delay the release of liens for properties not being assessed; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.

Passed by the Council, SEP 18 2002

GARY BLACKMER

Commissioner Jim Francesconi  AUDITOR OF THE CITY OF PORTLAND

Andrew Aebi:slg              BY /S/ SUSAN PARSONS

September 11, 2002

grp$ped/LID Program/Andrew/NW Thompson Road Assessment Ord.  Deputy

BACKING SHEET INFORMATION

AGENDA NO. 1133-2002

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 176907