ORDINANCE No. 177226

Assess benefited property for the costs of Lower Albina Overcrossing Local Improvement

District. (Hearing; Ordinance; C-9988)

The City of Portland ordains:        

Section 1.  The Council finds:

1.  The Council stated its intent to construct the Lower Albina Overcrossing Local Improvement District by the passage of Resolution No. 35959 on January 17, 2001.

2.  The Council approved formation of Lower Albina Overcrossing Local Improvement District by the passage of Ordinance No. 175316 on February 7, 2001. The assessment formula for the Lower Albina Overcrossing Local Improvement District is on a square footage basis.

3.  The street, structure, retaining wall, drainage, signage, striping and illumination improvements were constructed under the terms of Modification No. 9 of the Interstate MAX Extension Project TriMet Contract Number 00-0622 by Stacey and Witbeck, Inc. This contract was executed by TriMet on March 8, 2001. The project has been constructed as provided in the plans and specifications adopted.

4.  TriMet accepted the Lower Albina Overcrossing Project as complete on November 14, 2002. The whole cost of the project is $19,892,905.57 of which $16,299,018.98 has been incurred and $3,593,886.59 is pending. The property owners' share for this project is $3,775,000.00. Additional funding has been provided by the City of Portland in the amount of $6,316,654.57; and by the federal government, the State of Oregon, TriMet and the Union Pacific Railroad Co. in the amount of $9,801,251.00.

5.  Progress payments and final payment, including retainage, have been made by TriMet to the contractor, Stacey and Witbeck, Inc.

6.  Each parcel of land within the local improvement district receives special benefit from the project in the amounts contained in the assessment roll as 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 Local Improvement District Administrator has published two (2) notices of the proposed final assessment in the Daily Journal of Commerce.

9.  The Council has considered the proposed assessments and all the objections made by owners of benefited property, and has accepted the summary of objections and findings as set forth in Exhibit C.

NOW, THEREFORE, the Council directs:

a.  That any and all objections received are overruled and 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, JAN 29 2003

GARY BLACKMER

 AUDITOR OF THE CITY OF PORTLAND

Commissioner Jim Francesconi            BY /S/ SUSAN PARSONS

Andrew Aebi:slg

January 10, 2003  DEPUTY

LOWER ALBINA OVERCROSSING FINAL ASSESSMENT. ORD

BACKING SHEET INFORMATION

AGENDA NO. 61,89-2003

ACTON TAKEN:

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

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 177226