190807

The City of Portland ordains:

Section 1. The Council finds:

1. The Council stated its intent to construct improvements in the SW 47th Avenue Phase I Local Improvement District (LID) by the adoption of Resolution No. 37250 on November 30, 2016 declaring its intent to initiate local improvement district formation proceedings and establishing the name of the local improvement district.
    
2. The Council approved formation of the SW 47th Avenue Phase I LID with the passage of Ordinance No. 188211 on January 25, 2017.
    
3. The record related to Council approval of Resolution No. 37250 and Council approval of Ordinance No. 188211 is incorporated into the record of this Ordinance, except that no part of the record of Resolution No. 37250 nor of Ordinance No. 188211 shall be considered an objection to final assessment for purposes of Section 17.08.130 of City Code, nor for purposes of Section 9-405 of the City Charter.
    
4. The Council authorized award of the construction contract to Moore Excavation Inc., accepting Bid No. 00001493 on September 16, 2020.  Contract No. 30007442 was also executed on September 16, 2020.
    
5. The street improvements to SW 47th Avenue Phase I were substantially complete as of October 31, 2021 as indicated in Exhibit A.
    
6. The project scope included 307 centerline feet of street improvements, which was an increase from the 287 centerline feet of street improvements estimated at LID formation.  The increase in the length of the project by 20 feet accommodated the addition of a cul-de-sac at the north end of this dead-end street.
    
7. Completion of this local improvement district does not fulfill future frontage improvement requirements for sidewalk improvements to the north side of SW Luradel Street, nor to the east side of SW Barbur Blvd. 
    
8. The total cost of the project is $826,092 as shown in Exhibit B based on amounts in Exhibit C.  The property owner’s share for this project is $569,851 which is an increase of $11,848 or 2.1% above the amount estimated at LID formation. 
    
9. Additional funding was provided by the Portland Bureau of Transportation in the amount of $68,367 in General Transportation Revenue for direct costs and $102,874 in General Transportation Revenue for overhead costs for a total of $171,241 in General Transportation revenue funding.
    
10. Additional funding was provided by the Bureau of Environmental Services (BES) in the amount of $85,000.
     
11. The Revenue Bureau mailed notice of the April 27, 2022 final assessment hearing to the owners of benefited properties within the local improvement district on April 6, 2022. The benefited properties are legally described based on Multnomah County property tax records as of the filing date of this Ordinance.  The property owner was notified of the time and location of the final assessment hearing conducted by the Council; the total project costs, the deadline and procedure for filing objections to the final assessment of the local improvement district; and the amount of the proposed final assessment on benefited properties as set forth in Exhibit D.  The deadline to file objections to final assessment was at 5:00 PM on April 20, 2022.
     
12. The properties are specially benefited in the amounts shown in the assessment roll in Exhibit D and the apportionment worksheet in Exhibit E.
     
13. The Local Improvement District Administrator submitted for publication two notices of the local improvement district final assessment hearing in the Daily Journal of Commerce on April 11, 2022 and on April 13, 2022.
     
14. The Council has considered any and all objections made by owners of the benefited property.  The Council accepts the summary of objections and findings as set forth in Exhibit F and adopts these findings as its own.
     
15. This Ordinance provides for assessment of benefited properties for local improvements.  Assessments for local improvements are not subject to the property tax limitation established by Article XI, Section 11b of the Oregon Constitution.
     
16. In the event of any finding or any directive within this Ordinance conflicting with any prior Council action involving this local improvement district, the finding or directive within this Ordinance shall prevail.
     
17. The Local Improvement District Administrator’s level of confidence in the cost estimate for this project is “High” per Exhibit A of Resolution No. 36430 adopted by City Council on July 26, 2006 because the project is complete.

NOW, THEREFORE, the Council directs:

1. That any and all objections received are overruled and the assessment roll contained in Exhibit D and the apportionment worksheet contained in Exhibit E of this Ordinance are hereby approved and adopted.
    
2. The Revenue Bureau to enter the assessments as shown in Exhibit D in the Docket of City Liens.
    
3. The Revenue Bureau to mail final assessment notices to owner of benefited properties as set forth in Exhibit D based on the amounts identified in Exhibit E.
    
4. The Local Improvement District Administrator to calculate increased property tax increment of properties assessed by this LID for a 20-year period following Council passage of this Ordinance pursuant to Resolution No. 37205 approved by Council on April 20, 2016.