City of Hood River, Oregon
Resolution No. 2016-16
A Resolution approving the Engineer’s Report for the State Street Local Improvement District formation, declaring the Council’s intent to form the State Street Local Improvement District, and scheduling a hearing on the proposal
The City Council for the City of Hood River adopts the following findings:
WHEREAS, the Hood River City Council previously directed and authorized the City Engineer to design and construct certain street and frontage improvements to State Street from Front to 6th Street (the “State Street Project”), which improvements would have a direct and tangible benefit to the abutting properties on this segment of State Street; and
WHEREAS, the City Engineer awarded the contract for the State Street Project on June 12, 2013; the work was completed by Crestline Construction and the City Engineer deemed it substantially complete on April 10, 2015; and
WHEREAS, the City Council directed the City Engineer to prepare a report on the State Street Project as a proposed Local Improvement District pursuant to ORS 223.387 to 223.401 (Assessment for Local Improvements) and Chapter 13.16 (Public Improvements) of the Hood River Municipal Code (“HRMC”); and
WHEREAS, the City Engineer prepared a report on the State Street Project in accordance with HRMC 13.16.020 and presented it to the City Council at its regular meeting on March 28, 2016, at which time the Council directed the City Engineer to finalize the report and commence the formation of a Local Improvement District by the preparation of a Resolution approving the engineer’s report and fulfilling the requirements of HRMC 13.16.030 and 13.16.040; and
WHEREAS, the Council received the City Engineer’s final form of report, attached hereto as Exhibit A and incorporated herein by this reference, at its regular meeting on April 25, 2016, in fulfillment of the requirements of HRMC 13.16.030 and 13.16.040.
NOW, THEREFORE, BE IT RESOLVED by the Hood River City Council that:
1. The City Council hereby accepts and approves the City Engineer’s report on the formation of the State Street Local Improvement District (the “State Street Project Report”), attached hereto as Exhibit A and incorporated herein by this reference.
2. The City Council hereby declares its intent establish a local improvement district pursuant to ORS 223.387 to 223.401 and HRMC Chapter 13.16 (Public Improvements) and to form the State Street Local Improvement District for the purpose of financing the improvements constructed as part of the State Street Project, described in the City Engineer’s Report as Exhibit A.
3. In support of its decision to form the State Street Local Improvement District, the Council specifically finds that:
a. It was and is in the public interest to construct improvements to replace aging infrastructure including water, sanitary and storm sewer, and asphalt paving as well as street and frontage improvements to State Street, which are described in the City Engineer’s Report, and to finance the State Street Project through the establishment of a local improvement district in accordance with applicable state and local law, by which those properties that are specially benefitted by these improvements pay a proportionate share of the cost of the improvements.
b. The street and frontage improvements constructed as part of the State Street Project were needed to facilitate safe pedestrian, bicycle and vehicular traffic along State Street, to integrate safe, convenient and attractive street frontage connections with abutting properties, and to accommodate related public and private improvements along this segment of State Street.
c. The Council further finds that it is in the public interest that a local improvement district be formed to finance the design and construction of the State Street Project because of the special benefit that will and has accrued to the abutting properties by replacement of sidewalks and driveway approaches along their frontages and the equity of assessing the cost of the State Street Project on these specially benefitted properties and not spreading the cost over the entire city generally.
d. The owners of the specially benefitted properties shall not be required to pay a deposit toward the City’s cost of constructing the State Street Project, but instead shall be assessed in proportion to the benefit derived by each property from the improvements constructed as part of the State Street Project.
4. The City Engineer shall cause to be published and mailed notice of the State Street Project that includes the information required by HRMC 13.16.040(B) and (C). Mailed notice shall be sent to all of the record owners of property proposed to be assessed as part of the State Street Local Improvement District to the addresses on the most recent Hood River County Property Tax Assessment Rolls. This notice shall include notice of a public hearing before the City Council on May 23, 2016, at which time the Council will accept objections and remonstrances to the State Street Project improvements and to the formation of the State Street Local Improvement District.
Approved and Effective this 25th day of April 2016 by the Hood River City Council.
Paul Blackburn, Mayor
Jennifer Gray, City Recorder Approved as to form:
Daniel Kearns, City Attorney