Item 4: Ordinance Levying Assessments for Elmira Road

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Action: Approval of Minutes, Findings and Recommendations from the Hearings Official Adoption of an Ordinance Levying Assessments for Paving, and and Constructing Curbs, Gutters, Sidewalks, Street Lights, Stormwater Drainage, and Water Quality Facilities on Elmira Road from Bertelsen Road to Maple Street and on Maple Street from Elmira Road to Roosevelt Boulevard; and Providing an Immediate Effective Date (Contract 2009-18) (Job #4275) Meeting Date: February 22, 2010 Agenda Item Number: 4 Department: Public Works-Engineering Staff Contact: Michelle Cahill www.eugene-or.gov Contact Telephone Number: 541- 682-6855 ISSUE STATEMENT The City Council is being asked to approve the Hearing Official’s Minutes, Findings and Recommendations dated February 5, 2010; and adopt an ordinance levying assessments for paving and constructing curbs, gutters, sidewalks, street lights, stormwater drainage, and water quality facilities on Elmira Road from Bertelsen Road to Maple Street and on Maple Street from Elmira Road to Roosevelt Boulevard. This item has an immediate effective date. An immediate effective date requires a two-thirds majority or six affirmative votes from the council to enact. Ordinances without an immediate effective date do not take effect for 30 days. Without an immediate effective date, an additional 30 days of interest expense will accrue. BACKGROUND The City Council formed the Local Improvement District (LID) for this project on April 13, 2009. Construction of the project has been substantially completed, estimated final costs have been tabulated, and final assessment costs have been calculated. The property owners were notified of the proposed assessments and the pending assessment hearing ten (10) days prior to the hearing as required by Eugene Code. The hearing regarding the proposed final assessment was held on February 2, 2010, to review the final project cost, consider comments on the proposed assessments, and to provide evidence to be included in the ordinance levying the assessments by the City Council. The Minutes, Findings and Recommendations are exhibits to the attached Ordinance. The Hearings Official recommends the assessment be levied as calculated. The project was initiated by the council action on April 11, 2005, by adoption of the 2006 Capital Improvement Plan and pursuant to Section 7.160(5) of the Eugene Code (EC), 1971. The Z:\CMO\2010 Council Agendas\M100222\S1002224.doc