ORDINANCE No. 177225

 

 

Assess benefited property for the costs of constructing street, sidewalk and storm sewer improvements in the North Marine Drive Extension Local Improvement District.

(Hearing; Ordinance; C-10000)

 

The City of Portland ordains:        

 

Section 1.  The Council finds:

 

1.  The Council stated its intent to construct street, sidewalk and storm sewer improvements in the North Marine Drive Extension Local Improvement District from Terminal 6 to the North Marine Drive Overpass by the passage of Resolution No. 36068 on May 22, 2002.

 

2.  The Council approved formation of the North Marine Drive Extension Local Improvement District by the passage of Ordinance No. 176592 on June 12, 2002. The assessment formula for the North Marine Drive Extension Local Improvement District is on a square footage basis.

 

3.  The street, sidewalk and storm sewer improvements in the North Marine Drive Extension Local Improvement District were constructed under the terms of Contract Number 33632 by Robison Construction. This contract was awarded by the Council on May 30, 2001. The project has been constructed as provided in the plans and specifications adopted.

 

4.  A certificate of completion for the project is pending. The Responsible Engineer for the project filed a report on January 10, 2003, attesting that the local improvements are complete in lieu of a certificate of completion as shown in Exhibit C. Per Section 17.08.100 of City Code, this written report substitutes for the certificate of completion.

 

5.  The whole cost of the street improvement is $14,256,381.38, of which $13,328,048.39 has been incurred and $928,332.99 is pending. The amount of the local improvement district assessment is $10,139,375.29. Additional funding has been provided by the Port of Portland in the amount of $134,380.00; and by the City of Portland in the amount of $3,982,626.09.

 

6.  Progress payments have been made by the Portland Office of Transportation to the contractor, Robison Construction. Final payment, including retainage, will be made upon issuance of a certificate of completion and acceptance of the contract as complete by the Council.

 

7.  Each parcel of land within the local improvement district receives special 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.

 

8.  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.

 

9.  The Local Improvement District Administrator has published two (2) notices of the proposed final assessment in the Daily Journal of Commerce.

 

10.  The Council has considered the proposed assessments. On May 2, 2002 property owners waived their rights to remonstrate against local improvement district formation or to file an objection to final assessment. The petition, agreement and waiver were recorded with Multnomah County on July 12, 2002.

 

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.

 

d.  The City Auditor to reimburse the Portland Office of Transportation in the amount of $10,071,882.85 from the LID Construction Fund.

 

e.  The Portland Office of Transportation to remit payment to the Port of Portland in the amount of $10,063,272.16.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Passed by the Council, JAN 29 2003

 

 

GARY BLACKMER

 AUDITOR OF THE CITY OF PORTLAND

Commissioner Jim Francesconi            BY /S/ SUSAN PARSONS

Andrew Aebi:slg

January 13, 2003

North Marine Drive Extension Final Assessment Ordinance vs5.doc  DEPUTY

BACKING SHEET INFORMATION

 

AGENDA NO. 60, 88-2003

 

ACTON TAKEN:

JAN 22 2003 PASSED TO SECOND READING JAN 29 2003 9:30 A.M.

 

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 177225

 

COMMISSIONERS VOTED AS FOLLOWS:

 

YEAS

NAYS

FRANCESCONI

X

 

LEONARD

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SALTZMAN

X

 

STEN

X

 

KATZ

X