HomeMy WebLinkAbout2008-010 Findings - Liberty LID
BEFORE THE ASHLAND CITY COUNCIL
JACKSON COUNTY, OREGON
February 5, 2008
IN THE MA ITER OF RESOLUTION AUTHORIZING AND )
ORDERING THE LOCAL IMPROVEMENTS FOR THE )
CONSTRUCTION OF IMPROVEMENTS TO LIBERTY )
STREET CONSISTING OF GRADING, PAVING AND )
CONSTRUCTION OF CURB AND GUITERS, SIDEWALKS, )
STORM DRAINS AND RELATED APPURTENANCES AND )
AUTHORIZING THE CITY TO BORROW MONEY AND )
ISSUE AND SELL NOTES FOR THE PURPOSE OF )
PROVIDING INTERIM FINANCING FOR THE ACTUAL )
COST OF THE LOCAL IMPROVEMENT )
)
APPLICANT: City of Ashland )
)
FINDINGS
CONCLUSIONS
AND ORDERS
RECITALS:
I) On December 4,2007, Council approved Resolution No. 2007-41 setting a public
hearing with intent to form a local improvement district (LID) for the construction of
improvements to Liberty Street consisting of sidewalks, curbs and gutters, paving,
drainage and associated improvements..
2) The Council has declared by Resolution No. 2007-41 to assess upon each lot or part
of lot benefited by the improvement its proportional share of the cost of the
improvement; and it appears to the Council that such improvements are of benefit to
the City. 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.
3) The Council, following proper public notice, held a public hearing on February 5,
2008, at which time a staff presentation was made, citizen testimony received and
exhibits presented. Council approved Resolution No. 2008-02-authorizing and
ordering the local improvements for the construction of improvements to Liberty
Street consisting of grading, paving and construction of curb and gutters, sidewalks,
storm drains and related appurtenances.
4) On February 5,2008, Council approved Resolution No. 2008- 0 lauthorizing the
City to borrow money and issue and sell notes for the purpose of providing interim
financing for the actual cost of the local improvement.
5) The Liberty Street LID No. 88 boundary was approved by Council as being all those
lots with frontage on or taking sole access from Liberty Street southerly of the
existing improved street section.
C:\DOCUME-I\Shipletd\lOCALS-I\Temp\07_25 CC Liberty LID Findings I 08.doc
Page I of4
Now, therefore, the City Council of the City of Ashland finds, concludes and
recommends as follows:
SECTION 1. EXHIBITS
For the purposes of reference to these Findings, the following exhibits will be used:
Exhibit I - Council Communication dated December 4, 2007
Exhibit 2 - Minutes of the December 4, 2007 Council meeting
Exhibit 3 - Resolution No. 2007-41 setting a public hearing
Exhibit 4 - Council Communication dated February 5,2008
Exhibit 5 - Minutes of the February 5, 2008 Council meeting
Exhibit 6 - Resolution No. 2008- ..Q.f.authorizing and ordering the improvement of
Liberty Street under the Liberty Street LID No. 88
SECTION 2: CONCLUSORY FINDINGS REGARDING NATURE OF IMPROVEMENTS
2. I The City Council intends to improve Liberty Street from the end of current
improvements southerly to the end of the right of way. The improvements are to
consist of grading and paving, construction of curbs and gutters, sidewalks, storm
drains and related appurtenances.
2.2 The proposed LID is in the best interest of the City. Evidence presented indicated
that the City will have an improved street for all modes of transportation with reduced
maintenance costs; enhanced environmental effects due to improved air quality and
better storm water controls; and a demonstrated improved safety with construction of
curbs, sidewalks and an asphalt road surface.
SECTION 3. CONCLUSORY FINDINGS REGARDING BOUNDARY DETERMINATION
3.1 The City Council finds that it has received all information necessary to make a
decision based on the Council Communication dated December 4, 2007 and February
5, 2008, public hearing testimony and the exhibits received.
3.2 The proposed LID boundary includes all lots fronting on or taking sole access from
Liberty Street southerly of the end of the existing improved section as depicted on
the map attached to Resolution No. 2007-41. This boundary was selected as these 20
properties would be directly benefited by the improvements to Liberty Street. The
benefit to these lots is readily definable and is much more direct than those who
might simply use the street as a throughway to access their property.
C:\DOCUME-I\Shipletd\lOCALS-I\Temp\07_25 CC Liberty LID Findings IOS.doc
Page 2 of 4
3.3 The proposed Liberty Street Local Improvement District is consistent with the 2007-
2012 Capital Improvement Plan and identified in the 2006-2007 budget adopted by
Council in June, 2006.
3.4 The City Council did not receive a remonstrance sufficient to postpone authorizing
and ordering the construction of the local improvement district.
SECTION 4. NOTIFICATION OF PUBLIC HEARING
4.1 A notice of public hearing was sent to all listed property owners (determined from
Jackson County Tax Assessment rolls) within the proposed assessment district. The
public hearing notice was also published in the Ashland Daily Tidings.
SECTION 5. ALLOCATION OF ASSESSMENT UNITS
5.1 Each of the 20 lots within the proposed assessment district has been allocated one
assessment unit. In addition, several lots have been allocated additional units of
assessment. Those lots with additional units are those lots that the Planning
Department has determined can be further divided. The number of assessment units is
equal to the number of current and future potential residential lots as defined in
Resolution No. 99-09 and as shown on the attachments to Resolution No. 2007-41.
SECTION 6. COST
6.1 The maximum assessable rate per unit is established by Resolution No. 99-09. The
maximum rate established in 1999 was $4,000 per unit. This rate is adjusted each
April in accordance with the Construction Cost Index established by the Engineering
News Record Index (ENR record) for Seattle, Washington. The current rate to be
charged for the Liberty Street LID No. 88 is $5,251.00 which is the maximum rate as
of Resolution No 2007-41 establishing the Public Hearing date. All costs over and
above the assessment amount will be borne by the City.
SECTION 7. DECISION
7.1 Based on evidence contained within the whole record on this matter, the City Council
concludes that the establishment of the LID boundary is in the City's best interest, is
justified as presented by staff and is supported by evidence contained within the
record.
7.2 Council finds that the public hearing was properly noticed.
7.3 Council further concludes that the allocation of assessment lots and associated cost
complies with Resolution No. 99-09 and represents the benefit received by each
affected property.
C:\DOCUME-I\Shipletd\lOCALS-I\Temp\07_25 CC Liberty LID Findings I OS.doc
Page 3 of 4
7.4 Therefore, based on our overall conclusions, the City Council authorizes and orders
the construction of improvements for the Liberty Street Local Improvement District
No. 88.
,
~
1M/1I~ ?/ 2dlJ Y
Date
C:\DOCUME-I\Shipletd\LOCALS-I\Temp\07_25 CC Liberty LID Findings I OS.doc
Page 4 of 4