ORDINANCE No. 178963

Assess benefited property for street improvements in the SW 19th Avenue Local Improvement District. (Hearing; Ordinance; C-10004)

The City of Portland ordains:

Section 1.  The Council finds:

1.  The Council stated its intent to construct the SW 19th Avenue Local Improvement District by the passage of Resolution No. 36176 on October 22, 2003.

2.  The Council approved formation of SW 19th Avenue Local Improvement District by the passage of Ordinance No. 178075 on December 3, 2003. The assessment formula for the SW 19th Avenue Local Improvement District is on a square footage basis.

3.  On February 4, 2004, a Petition for Writ of Review was filed in the case of Scott E. Edwards and Barbur Blvd. Rentals, Inc. v. City of Portland in Multnomah County Circuit Court (Case No. 0402-01114). This Petition for Writ of Review was dismissed by Judge Ed Jones on April 2, 2004 for lack of subject matter jurisdiction.

4.  230 centerline feet of street improvements were constructed on SW 19^th Avenue from north of SW Barbur Boulevard to the south line of SW Evans Street. The project has been constructed as provided in the plans and specifications adopted.

5.  The total cost of the project is $198,051.33. The property owners' share for this project is $122,573.96, and all property owners’ estimates are below the amount contained in the notice from the City Auditor sent to property owners on October 28, 2003. Additional funding is being provided by the Bureau of Environmental Services in the amount of $49,211.12; and by the Portland Office of Transportation in the amount of $26,266.25.

6.  Each parcel of land within the local improvement district receives special benefit from the project in the amounts set forth in Exhibit A.

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. The benefited properties are legally described based on Multnomah County property tax records as of the filing date of this ordinance.

8.  The Local Improvement District Administrator published two (2) notices of the proposed final assessment in the Daily Journal of Commerce on November 23 and 24, 2004.

9.  The Council has considered the proposed assessments and all the objections made by owners of benefited property. The Council accepts the summary of objections and findings as set forth in Exhibit C and adopts these findings as its own.

10.  This ordinance provides for assessment of benefited property for local improvements. Assessments for local improvements are not subject to the property tax limitation established by Article XI, Section 11b of the Oregon Constitution.

11.  A certificate of completion for the street, sidewalk and stormwater improvements in the SW 19th Avenue Local Improvement District was issued by the City Engineer on November 9, 2004 and is attached as Exhibit D.

12.  In the event of any finding or any directive within this Ordinance conflicting with any prior Council action involving this local improvement district, the finding or directive within this Ordinance shall prevail.

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 set forth in Exhibit B.

Passed by the Council, December 15, 2004

 GARY BLACKMER

 AUDITOR OF THE CITY OF PORTLAND

Commissioner Jim Francesconi  BY /S/ Susan Parsons

Andrew Aebi:slg

November 23, 2004                  DEPUTY

SW 19th Avenue Final Assessment Ordinance rev1.doc

BACKING SHEET INFORMATION

AGENDA NO. 1388 1473-2004

ACTION TAKEN: DECEMBER 08, 2004 PASSED TO SECOND READING DECEMBER 15, 2004 9:30 AM

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 178963