ORDINANCE No.  179859 AS AMENDED

 

 

Create a local improvement district to construct street and traffic calming improvements from Barbara Welch Road to north of Bybee Drive in the SE 152nd Avenue Local Improvement District (Hearing; Ordinance; C-10017)

 

The City of Portland ordains:        

 

Section 1.  The City Council finds:

 

1.  On November 9, 2005, the City Council adopted Resolution No. 36350, which declared its intent to initiate local improvement formation proceedings, and established the name of the local improvement district as the SE 152nd Avenue Local Improvement District. The record related to the adoption of Resolution No. 36350 is incorporated into the record of this Ordinance, except that no part of the record of Resolution No. 36350 shall be considered a remonstrance for purposes of Section 17.08.070 of City Code, or for purposes of Section 9-403 of the City Charter.

 

2.  On November 16, 2005, the City Auditor mailed notice of the December 7, 2005 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 (attached to the original only). The deadline to submit written remonstrances was at 5:00 PM on November 30, 2005.

 

3.  On November 21, 2005, notices of the local improvement district formation hearing were posted within the SE 152nd Avenue Local Improvement District.

 

4.  On November 22 and November 23, 2005, the Local Improvement District Administrator published notice of the local improvement district formation hearing in the Daily Journal of Commerce.

 

5.  The street improvements will be constructed on SE 152nd Avenue from the north right-of-way line of SE Barbara Welch Road to the south property line of Tax Lot 147 as shown on Multnomah County Assessor’s Map 1S2E24BA; plus any transition work on abutting street segment(s) and/or adjacent property determined to be necessary by the City Engineer; and

 

 

 

 

6.  The general character and scope of the improvement is to remove the existing dirt, gravel and/or hard surface; grade streets to their proper subgrade; construct asphaltic concrete streets with an aggregate base, curbs and sidewalk; and construct a storm sewer as necessary to meet Bureau of Environmental Services’ design standards and also construct stormwater management facilities that are consistent with Bureau of Environmental Services Stormwater Management Manual requirements, with possible surface vegetation facilities in some locations as shown in Exhibit B; and to construct traffic calming improvements, including, but not limited to, speed bumps.

 

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

 

8.  The boundaries of the local improvement district shall include the properties as shown in Exhibit C.

 

9.  The Local Improvement District Administrator’s estimated cost of designing, constructing and financing the improvements is $1,195,850.27 as shown in Exhibit D, not including utility relocation costs that may be required. The Local Improvement District Administrator’s estimate is based on the Engineer’s Estimate as contained in Exhibit E. The estimated amount of the local improvement district assessment is $1,040,905.24. The Portland Office of Transportation is absorbing all of its overhead costs estimated at $154,945.03.

 

10.  The Local Improvement District Administrator recommends that Council apportion local improvement district benefit on a tax lot and abutting linear footage basis consistent with the SE 152nd Avenue Local Improvement District map as shown in Exhibit C, with the apportionment as follows:

a)  $225,000.00 of the project costs plus 5.6066658% of the project costs in excess of $225,000.00 will be assessed to the properties within the Pending Development Zone equally on a tax lot basis for a total cost currently estimated at $270,745.08.

b)  47.5807999% of the project costs in excess of $225,000.00 will be assessed to the properties within the Future Development - Abutting Zone equally on an abutting linear footage basis for a total cost currently estimated at $388,214.24;

c)  5.1586873% of the project costs in excess of $225,000.00 will be assessed to the properties within the Future Development - Nonabutting Zone equally on a tax lot basis for a total cost currently estimated at $42,090.00;

d)  3.0623483% of the project costs in excess of $225,000.00 will be assessed to the properties within the South Zone equally on a tax lot basis for a total cost currently estimated at $24,985.86;

e)  6.0043811% of the project costs in excess of $225,000.00 will be assessed to the properties within the Parks Zone equally on a tax lot basis for a total cost currently estimated at $48,990.06;

f)  31.5441043% of the project costs in excess of $225,000.00 will be assessed to the properties within the Central Zone equally on a tax lot basis for a total cost currently estimated at $257,370.00;

g)  1.0430133% of the project costs in excess of $225,000.00 will be assessed to the properties within the East Zone equally on a tax lot basis for a total cost currently estimated at $8,510.00;

h)  None of the project costs will be assessed to the properties within the Open Space Zone for a total cost currently estimated at $0; and

 

11.  Each parcel of land with in the local improvement district receives special benefit from the project in the amounts set forth in Exhibit F, except that:

 

•  The benefit assigned to the property with lien record #139112 is increased from $134,925.00 to $135,372.54.

•  The benefit assigned to the property with lien record #139098 is increased from $134,925.00 to $135,372.54.

•  The benefit assigned to the property with lien record #139115 is decreased from $4,313.49 to $4,164.31.

•  The benefit assigned to the property with lien record #139116 is decreased from $8,626.98 to $8,328.62.

•  The benefit assigned to the property with lien record #139106 is decreased from $4,313.49 to $4,164.31.

•  The benefit assigned to the property with lien record #139101 is decreased from $4,313.49 to $4,164.31.

•  The benefit assigned to the property with lien record #139110 is decreased from $4,313.49 to $4,164.31.

 

12.  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 collective real market valuation of the assessed properties included in the district is at least $115,466,385 for an estimated assessment to valuation ratio of 110.9 : 1.

 

13.  The remonstrance level is evaluated in Exhibit F. City Council retains jurisdiction over formation of the local improvement district since the total remonstrance level is less than the 60% threshold set by Section 9-403 of the City Charter.

 

14.  The City Council has considered the remonstrances made by owners of benefited property, and adopts the summary of remonstrances and findings as set forth in Exhibit G.

 

15.  Assessments for local improvement districts are not subject to the property tax limitation established by Article XI, Section 11b of the Oregon Constitution.

 

16.  Pursuant to City Code, assessment for this local improvement district will be imposed by a separate and subsequent ordinance.

 

 

NOW, THEREFORE, the Council directs:

 

a.  The SE 152nd Avenue Local Improvement District is hereby created as shown in Exhibit C 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 overhead for street costs funded by the Portland Office of Transportation. Costs for any necessary utility relocation shall be allocated per Subsection 17.16.100 of City Code as well as the Final Procedures for Allocation of Utility Relocation Costs adopted on June 5, 2002.

 

c.  Properties shall be assessed on a tax lot and abutting linear footage basis consistent with the SE 152nd Avenue Local Improvement District map as shown in Exhibit C.

 

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, and award the contract through the competitive bid process. 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.

 

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, January 04, 2006

 

GARY BLACKMER

Commissioner Sam Adams  Auditor of the City of Portland

Prepared by Andrew Aebi:slg            By /S/Susan Parsons

December 16, 2005                    Deputy

 

BACKING SHEET INFORMATION

 

AGENDA NO. 1537 1609-2005 26-2006

 

ACTION TAKEN:

 

DECEMBER 07, 2005 CONTINUED TO DECEMBER 21, 2005 9:30 AM

 

DECEMBER 21, 2005 PASSED TO SECOND READING AS AMENDED JANUARY 04, 2006 9:30 AM

 

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 179859 AS AMENDED

 

COMMISSIONERS VOTED AS FOLLOWS:

 

YEAS

NAYS

ADAMS

X

 

LEONARD

X

SALTZMAN

X

 

STEN

X

 

POTTER

X