ORDINANCE No. 180669 AS AMENDED

Create a local improvement district to construct street and stormwater improvements from Montana Avenue to west of Minnesota Avenue in the North Winchell Street Local Improvement District (Hearing; Ordinance; C-10019)

The City of Portland ordains:        

Section 1.  The City Council finds:

1.  On November 8, 2006, the City Council adopted Resolution No. 36455, which declared its intent to initiate local improvement formation proceedings, and established the name of the local improvement district as the North Winchell Street Local Improvement District. The record related to the adoption of Resolution No. 36455 is incorporated into the record of this Ordinance, except that no part of the record of Resolution No. 36455 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 15, 2006, the City Auditor mailed notice of the December 6, 2006 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 29, 2006.

3.  On November 21, 2006, notices of the local improvement district formation hearing were posted within the North Winchell Street Local Improvement District.

4.  On November 20 and November 21, 2006, 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 North Winchell Street from the east line of North Montana Avenue to 195 feet east of the east line of North Montana Avenue, plus any transition work on abutting street segments, intersections, and/or adjacent property determined to be necessary by the City Engineer.

6.  The general character and scope of the improvement is to remove the existing dirt, gravel and/or hard surface; grade the street to its proper subgrade; construct an asphaltic concrete street with an aggregate base; construct stormwater drainage facilities consisting of a stormwater swales or planters in some locations; construct sidewalks on both sides of the street except where existing sidewalk is deemed adequate by the City Engineer; and plant street trees in most locations as shown in Exhibit B.

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 $179,140.72 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 $163,303.92. The Portland Office of Transportation is absorbing all of its overhead costs estimated at $15,836.80.

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

11.  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 $1,382,370 for a minimum estimated assessment to valuation ratio of 8.5 : 1.

12.  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.

13.  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.

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

15.  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 North Winchell Street 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 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, 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, December 13, 2006

GARY BLACKMER

Commissioner Sam Adams  Auditor of the City of Portland

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

November 22, 2006                    Deputy

BACKING SHEET INFORMATION

AGENDA NO. 1646-1,1683-2006

ACTION TAKEN:

DECEMBER 6, 2006 PASSED TO SECOND READING AS AMENDED DECEMBER 13, 2006 9:30 AM

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 180669 AS AMENDED