ORDINANCE No. 177079

Assess benefited property for costs of constructing pedestrian improvements in the SW Capitol Hwy. from Bertha to Cheltenham Pedestrian Local Improvement District. (Hearing; Ordinance; C-9954)

The City of Portland ordains:

Section 1.  The Council finds:

1.  The Council stated its intent to construct pedestrian improvements in the SW Capitol Hwy. from Bertha to Cheltenham Pedestrian Local Improvement District by the passage of Resolution No. 35693 on May 13, 1998.

2.  The Council approved formation of the SW Capitol Hwy. from Bertha to Cheltenham Pedestrian Local Improvement District by the passage of Ordinance No. 172304 on May 27, 1998.

3.  The pedestrian improvements in the SW Capitol Hwy. from Bertha to Cheltenham Pedestrian Local Improvement District were constructed under the terms of Oregon Department of Transportation Contract Number 12116 by Copenhagen Utilities and Construction, Inc. This contract was executed by the Oregon Department of Transportation on October 26, 1998.

4.  The Oregon Department of Transportation accepted the pedestrian improvement project as complete on September 5, 2002. The whole cost of the street improvement is $1,185,768.25 of which $939,456.34 has been incurred and $246,311.91 is pending. The property owners' share for this project is $324,652.80. Additional funding has been provided by the U.S. Government in the amount of $520,000.00; and by the Portland Office of Transportation in the amount of $341,115.45.

5.  Progress payments and final payment, including retainage, have been made by the Oregon Department of Transportation to the contractor, Copenhagen Utilities and Construction, Inc.

6.  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.

7.  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.

8.  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, NOV 13 2002

GARY BLACKMER

 AUDITOR OF THE CITY OF PORTLAND

Commissioner Jim Francesconi            BY /S/ SUSAN PARSONS

Andrew Aebi:slg

October 15, 2002  DEPUTY

BACKING SHEET INFORMATION

AGENDA NO. 1352, 1398-2002

ACTION TAKEN:

NOV 06 2002 PASSED TO SECOND READING NOV 13 2002 9:30 A.M.

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 177079