RESOLUTION NO. 2003-30

A RESOLUTION LEVYING SPECIAL BENEFIT ASSESSMENTS IN THE AMOUNT OF $46,000.00 FOR THE PENNY DRIVE AND PALMER ROAD LOCAL IMPROVEMENT DISTRICT FOR IMPROVEMENTS TO PALMER ROAD AND PENNY DRIVE CONSISTING OF PAVING, CURBS, GUTTERS, STORM DRAINS, SIDEWALK, AND ASSOCIATED IMPROVEMENTS

THE CITY OF ASHLAND RESOLVES AS FOLLOWS:

RECITALS:

A. The City of Ashland has constructed curbs, gutters, storm drain, and paving as a result of the Penny Drive and Palmer Road Local Improvement District (LID) during 2000-2001. As expressly delineated in resolution 99-72 forming this LID, the sidewalk requirement for the Penny/Palmer LID has been paid for but deferred indefinately.

B. The total cost for these improvements is in the amount of $78,800.44. The City assumed responsibility for a portion of the LID costs as outlined in Resolution No. 99-09 adopted on February 3, 1999 totaling $32,800.44. This City total includes $3,796.19 for costs over the maximum per unit assessment per Resolution 99-09. The resulting total to be assessed to the District is $46,000.00.

C. The total assessments in this district are reasonable assessments and the assessments charged against each lot is according to the special and peculiar benefits accruing to it from the improvements. The council finds that the evidence presented by Paula C. Brown, Public Works Director, in the Council Communication of August 16, 2003, is convincing and accepts such evidence as the basis to support the conclusions recited above.

D. Special benefit assessments should now be levied against properties benefitted to defray the expense thereof.

THE CITY OF ASHLAND RESOLVES AS FOLLOWS:

SECTION 1. The amount of the assessment to be charged against each lot within the local improvement district according to the special and peculiar benefits accruing to each lot for these improvements are set forth in the attached Exhibit A.

SECTION 2. 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.

SECTION 3. All assessments using the Bancroft Bonding Act are required to pay in 20 semi-annual (twice a year) installments together with interest. Interest charged will be the actual bond sale rate plus 1.5 percent, with a maximum of 10 percent. The initial interest to be charged is 6.75 percent.

SECTION 4. Classification of the assessment. The assessments specified in sections 1 of this resolution are classified as not subject to the limits of Section 11b of Article XI of the Oregon Constitution.

This resolution was read by title only in accordance with Ashland Municipal Code Section 2.04.090 duly

PASSED and ADOPTED this ______day of ______, 2003:
Barbara Christensen, City Recorder

SIGNED and APPROVED this ______day of ______, 2003:
Alan W. DeBoer, Mayor

Reviewed as to form:
Paul Nolte, City Attorney