HomeMy WebLinkAbout2693 Authorize RR Park LIDORDINi~NCE NO. ~: ~.~
AN ORDINANCE AUTHORIZING AND ORDERING THE DEVELOPMENT OF A PUBLIC
PARK LOCATED IMMEDIATELY SOUTH OF THE SOUTHERN PACIFIC RAILROAD
TRACKS BETWEEN SIXTH STREET AND EIGHTH STREET IN THE RAILROAD
DISTRICT, ASHLAND AND AUTHORIZING THE ASSESSMENT OF THE COST OF
THE IMPROVEMENTS AGAINST PROPERTY TO BE BENEFITED AND PROVIDING
THAT WARRANTS ISSUED FOR THE COST OF THE IMPROVEMENT BE GENERAL
OBLIGATIONS OF THE CITY OF ASHLAND.
RECITALS:
A. The Council has declared by resolution its intention to
develop the improvements described in substantial accordance with
the plans and specifications and to assess upon each lot or part
of lot benefited by the improvement its proportional share of the
cost of the improvement as provided by the Charter of the City of
Ashland; and
B. Notice of such intention has been duly given and published as
provided by the charter and ordinances of the City of Ashland, a
public hearing was held and it appears to the Council that such
improvements are of material benefit to the City and all property
to be assessed will be benefited to the extent of the probable
amount of the respective assessments to be levied for the costs;
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS POLLOWS:
Section 1. It is ordered that a public park located immediately
south of the Southern Pacific railroad tracks between Sixth
Street and Eighth Street in the Railroad District, Ashland be
developed and that the cost be assessed upon each lot or portion
of lot adjacent to or benefited by such improvement as provided
by the charter and ordinances of the City of Ashland.
Section 2. A local improvement district is established for the
purpose of the development of this park and the district shall
consist of all those residentially and commercially (E-1 and C-i)
zoned lots, except lots now exempt on the property tax rolls
because of their religious or nonprofit purposes, within the area
bordered by the Southern Pacific Railroad tracks on the north,
North Mountain Avenue on the east, East Main Street to its
intersection with Lithia Way and then along Lithia Way for the
south boundary and Oak Street for the west boundary including
those lots fronting the west side of Oak Street between Lithia
Way and Van Ness Avenue.
Section 3. The local improvement shall be made in substantial
conformity with the proposal set forth in the initiating
resolution which is to develop the park, including the
acquisition of land, in accordance with costs estimated to be
$195,000, of which $150,000 will be paid by special assessments
on benefitted properties. Costs will be allocated based on a
unit measure of approximately $0.054 per square foot of each
PAGE i-ORDINANCE (p:parks\rai [ [id.0rd)
residentially zoned lot and the same unit measure times one-half
of the square feet of each commercially (E-1 and C-i) zoned lot.
Section 4. Warrants for the construction of the improvement
shall bear interest at the prevailing rates and shall constitute
general obligations of the City of Ashland and the warrants shall
be issued pursuant to and on the terms and conditions in ORS
287.502 to 287.510 inclusive.
Section 5. Characterization of the assessment. The assessment
imposed as a result of this local improvement district is
characterized as an assessment for local improvement pursuant to
ORS 305.583(4).
Sgction 6... ~lection t0::defer'special a~sessment.. An.owner Who
is assessed for this local improvement may elect to defer payment
of the amount of the special assessment provided the following
requirements are met. The election shall be made by' fiIing'a
claim for deferral with the city recorder.
A. The household income of the owner may not exceed the
poverty guidelines Of the Federal Community Services
Administration.
B. The owner must own the fee simple estate .or be
purchasing the fee simple estate under a recorded instrument of
c. The property with respect to which the deferrat is filed
must be the homestead of the owner except for an owner '~equi~d
to be absent from the homestead by reason of health. H0mest~ad
has the meaning given that term in ORS 311.666.
The foregoing ordinance was FIRST READ on the // ?~ day of
~.~.~ ~,.~- , 1991 and duly PASSED and ADOPTED this /~
day of ',~'~-~ ...... ,J~ , 19~.
Nan E./Franklin, City Recorder
SIGNED and APPROVED this ~ ~=~ day of ~-J~/~ ~J~.~ , 199~.
Mayor
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