ORDINANCE No. 178123

Create a local improvement district to construct street improvements in the SE 128th Avenue Local Improvement District. (Hearing; Ordinance; C-10007)

The City of Portland ordains:        

Section 1.  The City Council finds:

1.  On November 19, 2003, the City Council adopted Resolution No. 36183 accepting petitions from owners of property in the SE 128th Avenue Local Improvement District, declared its intent to initiate local improvement formation proceedings, and established the name of the local improvement district as the SE 128th Avenue Local Improvement District.

2.  On November 25, 2003, the City Auditor mailed notice of the December 17, 2003, local improvement district formation hearing to the owner of each benefited property within the proposed district. The benefited properties are legally described based on Multnomah County property tax records as of the filing date of this ordinance. Each property owner was notified of the time and location of the hearing conducted by City Council, the total estimated project costs for construction, the right and manner to object to the formation of the local improvement district, the deadline and procedure for filing remonstrances to the formation of the local improvement district, and the amount of the estimated assessment on benefited property as set forth in Exhibit A.

3.  On November 21, 2003, four (4) notices of the local improvement district formation hearing were posted within the SE 128th Avenue Local Improvement District.

4.  On November 28 and December 1, 2003, the Local Improvement District Administrator published legal notice of the local improvement district formation hearing.

5.  The street improvements will be constructed on SE 128th Avenue from the south line of Foster to 81 feet north of the north line of Lydia Court according to the general character and scope contained in the resolution of intent to initiate local improvement district formation proceedings for the SE 128th Avenue Local Improvement District.

6.  Widths and alignments may be modified during the preparation of plans and specifications by the City Engineer.

7.  The boundaries of the local improvement district shall include the properties as shown in Exhibit B.

8.  The Local Improvement District Administrator’s estimated cost of designing, constructing and financing the improvements is $344,186.21 as shown in Exhibit C not including utility relocation costs that may be required. The estimated amount of the local improvement district assessment is $58,165.05 with remaining costs funded by the Bureau of Housing & Community Development except for eligible utility relocation costs. Utility relocation costs shall be allocated per Section 17.56 of City Code and other relevant provisions of City Code, as well as the Final Procedures for Allocation of Utility Relocation Costs adopted on June 5, 2002. The Portland Office of Transportation is absorbing all overhead costs estimated at $62,542.81.

9.  The Local Improvement District Administrator recommends that Council apportion local improvement district costs on an abutting linear footage basis. Each parcel of land within the local improvement district receives special and peculiar benefit from the project in the amounts set forth in Exhibit D.

10.  The Local Improvement District Administrator has analyzed the financial feasibility of the district and made a finding that the collective bonding capacity of properties within the district is sufficient so as to minimize the City’s financial risk associated with this project. The real market valuation of the assessed properties included in the district is at least $1,276,730 for a minimum assessment and outstanding liens to valuation ratio of 22.0 : 1. The minimum assessment and outstanding liens to valuation ratio for any single property is 7.7 to 1.

11.  The City Council has considered the remonstrances made by owners of benefited property, and has accepted the summary of remonstrances and findings as set forth in Exhibit E.

12.  Local improvement district assessments are an incurred charge and are not subject to the property tax limitation established by Article XI, Section 11b of the Oregon Constitution.

NOW, THEREFORE, the City Council directs:

a.  The SE 128th Avenue Local Improvement District is hereby created as shown in Exhibit B and the district includes the benefited properties as identified in Exhibit A.

b.  The owners’ estimated share of costs is as shown in Exhibit D with remaining costs funded by the Bureau of Housing & Community Development except that utility relocation costs shall be allocated to other bureaus and entities in accordance with City Code and the City’s policy for allocation of utility relocation costs.

c.  Properties shall be assessed on an abutting linear footage basis.

d.  The City Engineer shall prepare plans and specifications for the improvement.

e.  The City Engineer shall arrange for construction of the local improvement.

f.  The Bureau of Purchases shall advertise for bids, prepare a contract for City Council approval, and award the contract through the competitive bid process, unless the City Engineer elects to use the Bureau of Maintenance to construct the improvements. The improvements may be constructed in whole or in part by the City, or the City may seek bids for any portion of the local improvement. The manner in which the improvement is constructed shall be at the sole discretion of the City Engineer.

g.  The City Auditor to obtain interim financing required for the LID portion of the local street improvements.

h.  All remonstrances are overruled.

Passed by the Council, December 31, 2003

GARY BLACKMER

Commissioner Jim Francesconi  Auditor of the City of Portland

Andrew Aebi:slg              By /S/ Susan Parsons

December 8, 2003

SE 128th Ave Formation Ordinance rev1.doc            Deputy

BACKING SHEET INFORMATION

AGENDA NO. 1410 1462-2003

ACTION TAKEN: DECEMBER 17, 2003 PASSED TO SECOND READING DECEMBER 31, 2003 9:30 AM

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 178123