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Home My WebLink About1993-31 Amendment to Tolman LID Assessment RESOLUTION NO. ~~-~/ AN AMENDMENT TO THE ASSESSMENT RESOLUTION LEVYING SPECIAL BENEFIT ASSESSMENTS FOR THE TOLMAN CREEK ROAD CURBS, GUTTERS, PAVING AND SANITARY SEWER IMPROVEMENTS IN LOCAL IMPROVEMENT DISTRICT NO. 65. RECITALS: A. The City of Ashland levied assessments for curbs, gutters, paving, and sanitary sewers for Tolman Creek Road in local improvement district no. 65 on April 23, 1993. B. Errors in the calulation of the assessments for residential properties benefitted by the Tolman Creek Road improvements occurred in an amount of $11,175.19 C. Pursuant to AMC ~ 13.20.130, the city recorder has recommend to the council an amendment to the assessment resolution to correct the error. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The amount of the assessment to be charged against each residential lot within that portion of the local improvement district involving Tolman Creek road residential properties for the Tolman Creek Road Street Improvement according to the special and peculiar benefits accruing to each lot is amended as follows: Assessor's Name & Address Map & Lot No. Assessment Ashland Investment Group 1010 Racquet Club Dr. Auburn, CA 95603 391E11C 1200 $ 13,953.96 steven H. Shapiro 1983 Crestview Dr. Ashland, OR 97520 391E11C 1300 & 1400 $ 18,870.30 Sharon L. Anderson 295 Tolman Creek Rd. Ashland, OR 97520 391E11C 90,001 $ 499.59 Thomas E. Cummings 3027 Waterford ct. Medford, OR 97504 391E11C 90,002 $ 499.59 Daryl K. & Annette L. Bonin 359 Kearney st. Ashland, OR 97520 391E11C 90,003 $ 499.59 Joseph M. Sanchez 20 N. Wightman st. Ashland, OR 97520 391E11C 90,004 $ 499.59 PAGE 1-RESOLUTION LEVYING ASSESSMENTS (p:ord\lid-tol.res) william D. Cummings 295 Tolman Creek Rd. #5 Ashland, OR 97520 391E11C 90,005 $ 499.59 Betty F. Hansen 295 Tolman Creek Rd. #7 Ashland, OR 97520 391E11C 90,006 $ 4'99.59 Robert A. & Helen Bullion 295 Tolman Creek Rd. #6 Ashland, OR 97520 391E11C 90,007 $ 499.59 Geraldine Fields, Trustee 13360 Tiverton Rd. San Diego, CA 92130 391E11C 90,008 $ 499.59 SUBTOTAL $ 36,820.61 SECTION 2. The city recorder shall cause the correction to be made in the city lien record and shall cause a corrected notice of assessment to be sent by first class mail to the above named owners. SECTION 3. Any owner of property assessed for $100.00 or more may request the payment be extended in the manner and under the provisions of the Bancroft Bonding Act, if the request is made within thirty days after notice of the assessment is received. All assessments using the Bancroft Bonding Act are required to pay in 20 semi-annual installments together with interest. Interest charged will be the actual bond sale rate plus 1 1/2 percent, with a maximum of 9.5 percent. SECTION 4. Classification of the assessment. The assessments specified in sections 1 and 2 of this resolution are classified as not subject to the limits of section 11b of Article XI of the Oregon Constitution (Ballot Measure 5). The foregoing resolution was READ BY TITLE ONLY and DULY ADOPTED at a regular meeting of the City Council of the City of Ashland on t~,e /J 0" day of >) ~/-<;?/ , 1993. \ ~'" ;/2/D t:~' ?:'('-r~';~--/ Nan E. Franklin, City Recorder /''7';(/'<- I /} :' SIGNED and APPROVED this / - day of ',--- ./J.~A, 1993. 71 d .~ - <- . A" t::ari.4t~ ~~-_. Catherine M: Golden, Mayor PAGE 2-RESOLUTION LEVYING ASSESSMENTS (p:ordllid-toLres) ~emnraudum June 29, 1993 mo: MAYOR AND ASHLAND CITY COUNCILORS Jtf rom: ~ubjett; NAN FRANKLIN, CITY RECORDER NOTICE OF ASSESSMENT ERROR - TOLMAN CREEK PARK, LTD. An assessment error was filed by Dennis Cooper, on hehalf of the Tolman Creek Park, Ltd. Mr. Cooper and the City Attorney, Paul Nolte, met on this matter and attached is a memorandum from the City Attorney, agreeing that an error was made in the calculations and explaining how the error occurred. From the information received, I am recommending to the City Council, that the attached Resolution be considered to correct the errors in calculation of the assessments for residential properties in the Tolman Creek assessment district. City Attorney City of Ashland (503) 482-3211, Ext. 59 MEMORANDUM June 28, 1993 TO: Nan Franklin, City Recorder FROM: r- Paul Nolte SUBJECT: Notice of assessment error filed by Tolman Creek Park, Ltd. Dennis K. Cooper has notified you on behalf of Tolman Creek Park, Ltd., trlat the assessment levied on the Tolman Creek Mobi!e Home Park by the city council on April 20, 1993, is in error. Mr. Cooper has advised that the correct assessment should be $18,870.30 instead of $24,597.00. Mr. Cooper is correct. The error originated from an incorrect interpretation by me of the recently revised assessment ordinance adopted by the council on March 2, 1993. Under the new ordinance, assessments may not exceed 110% of the assessment estimated on individual properties at the time the assessment district is formed. The newly revised section 13.20.060.B provides: "Determination of Assessment. The council shall determine the amount of the estimated assessment to be charged against each lot within the local improvement district according to the special and peculiar benefits accruing to the lot from the improvement, and shall spread the estimated assessments accordingly. If the estimated cost. as ascertained under the precedio.g paragraph. is more than ten percent above any estimated assessment contained in the notice described in section 13.20.0201, the council shall vote to discontinue the project or find other sources of funds so that the actual assessment 90es not exceed the estimated assessment by more than ten percent. In determining and spreading the assessment, the council may use any just and reasonable method consistent with the benefits derived by the various affected lots." (Emphasis added.) The reference in the above quoted paragraph to "any estimated assessment contained in the notice" is to individual assessments on individual parcels. See 913.20.040.C which provides that the notice sent to property owners shall contain "the amount of the estimated assessment proposed on each particular property." This provision became effective 20 days prior to the assessments being levied on the mobile home 1 The reference to 9 13.20.020 is incorrect. It should be 9 13.20.040. Memorandum to Nan Franklin June 29, 1993 Page 2 park. At the time the Tolman Creek assessment district was formed the ordinance provided "If the bid is more than ten percent above the engineer's estimate, the city administrator shall refer the matter to the city council which may, in its discretion, provide for holding a special hearing to consider objections to proceeding with the improvement on the basis of such bid." (Former 9 13.20.180.C) Thus under the previous ordinance there was no limitation on the increase in individual assessments, only upon the project as a whole. Even though the Tolman Creek local improvement district was formed under the previous ordinance, the revision applies to these assessments since they were levied after the effective date of the revision. Whenever you, as city recorder, determine an error has been made in the assessments levied against properties, AMC 9 13.20.1302 requires that you recommend to the council an amendment to correct the assessment resolution. I have attached a proposed amendment resolution to this memorandum and suggest that you place it on the council agenda for consideration. Since the same error exists on all other Tolman Creek residential properties within the improvement district, the attached amendment corrects the assessments on those properties as well. (p:alo\ass-tol.opn) 2 "13.20.130 Errors in Assessment Calculations. Persons claiming elrrors in the calculation of assessments shall bring the alleged errors to the attention of the city recorder. The city recorder shall determine whether there has been an error in fact. If the city recorder finds that there has been an error in fact, the city recorder shall recommend to the council an amendment to the assessment resolution to correct the error. Upon adoption of the correcting resolution, the city recorder shall cause the correction to be made in the city lien record and shall cause a corrected notice of assessment to be sent by first class mail to the owners of all affected properties."