HomeMy WebLinkAboutOrdinance No. 20335COUNCIL ORDINANCE NUMBER 20335
COUNCIL BILL NUMBER 4890
AN ORDINANCE LEVYING ASSESSMENTS FOR
CONSTRUCTING SIDEWALKS, CURBS, GUTTERS,
CONDUIT, AND STORM DRAINAGE SYSTEM ON SANTA
CLARA AVENUE FROM RIVER ROAD TO APPROXIMATELY
600 FEET WEST; AND PROVIDING AN IMMEDIATE
EFFECTIVE DATE. (CONTRACT 2005-10) (JOB #4108)
ADOPTED: January 24, 2005
PASSED: 7/1
REJECTED:
OPPOSED: Bettman
EFFECTIVE:
ABSENT:
Immediately upon Mayor's signature
ORDINANCE NO. 20335
AN ORDINANCE LEVYING ASSESSMENTS FOR CONSTRUCTING
SIDEWALKS, CURBS, GUTTERS, CONDUIT, AND STORM DRAINAGE
SYSTEM ON SANTA CLARA AVENUE FROM RIVER ROAD TO
APPROXIMATELY 600 FEET WEST; AND PROVIDING AN IMMEDIATE
EFFECTIVE DATE. (CONTRACT 2005-10) (JOB #4108)
The City Council of the City of Eugene finds that:
On the 20th day of February, 2004, based on the findings issued by the City Engineer,
pursuant to Section 7.160(8) of the Eugene Code, 1971, the City Engineer initiated the proposed
local improvements consisting of constructing sidewalks, curbs, gutters, and storm drainage system
on Santa Clara Avenue from River Road to approximately 600 feet west.
After due notice and a public hearing before the hearing official on July 19, 2004, the City
Council formed the Local Improvement District and authorized construction of the local improve-
ment on the 9th day of August 2004.
The actual cost of the local improvement is ascertained to be $120,714.07, and the amounts
to be assessed to, and borne by, the specially benefitted property, and to be borne by the City or
others, have been determined in accordance with applicable provisions of the Eugene Code, 1971
CE.C.") and as set forth in Exhibit A attached hereto and incorporated herein by reference.
The City Council has established the method of calculating local improvement assessments in
E.C. 7.170 and 7.175.
A public hearing on the ordinance, as required by Section 28(2) of the Eugene Charter of
2002, was scheduled before the hearing official as authorized by Section 2.007(4) of the Eugene
Code, 1971, on January 24, 2005. A notice containing the information required by E.C. 7.185 was
Ordinance- 1
posted on a public bulletin board at City Hall and given by certified mail to the owners of the parcels
of real property subject to the assessment more than ten days prior to the scheduled public hearing
before the heating official. At the time and place specified therein, the hearings official considered
the assessment report of the City Engineer and Finance Officer and the testimony and evidence
presented at the hearing.
At least ten working days prior to the Council meeting, notice of the Council's consideration
of this Ordinance was published in the Register Guard, and the Ordinance was posted on the City's
web site on the same date, as required by Section 28(1) of the Eugene Charter of 2002.
The Council has reviewed and considered the assessment report of the City Engineer and
Finance Officer and the hearings official's findings and summary, and based thereon,
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. The hearings official's summary is hereby made a part of the Council's record in
these proceedings, and the hearings official's findings, including those regarding compliance with
E.C. 7.160 to 7.190, attached hereto as Exhibit B and incorporated herein by reference, are hereby
adopted.
Section 2. The actual assessable cost of the local improvement comprised of constructing
sidewalks, curbs~ gutters, and storm drainage system on Santa Clara Avenue from River Road to
approximately 600 feet west is $115,188.80 which is hereby assessed against the parcels of property
hereinafter described in the amounts set opposite, respectively.
Section 3. The City Council does hereby determine and assess each lot and part of lot within
the described local improvement district as set forth on the assessment roll attached as Exhibit C
hereto and incorporated herein by reference.
Ordinance - 2
Section 4. The City Council does hereby determine that each parcel of land or lot herein
above described is specially benefitted to the extent of the assessment set forth. The Finance Officer
shall give notice of the assessments to the owners of the assessed parcels advising them the
assessment may be paid in full, without interest, within ten days of the effective date of this
ordinance. Assessments that remain unpaid after the ten day period are declared to be liens upon the
respective lots, parts of lots or parcels of land against which said several amounts are assessed, and
may be paid, with interest on the unpaid principal amount commencing ten days after the effective
date of this ordinance:
4.1 In up to twenty semi-annual installments, including principal and interest at the rate set
by the City Manager as provided in E.C. 2.022 through 2.024.
4.2 If the property owner so elects, in 120 monthly installments, including principal and
interest at the rate set by the City Manager as provided in E.C. 2.022 through 2.024 plus a service
charge determined by the City Manager as provided in E.C. 2.020.
Section 5. The City Recorder is directed to enter in the docket of City Liens a statement in
connection with each unpaid assessment containing the following:
5.1 A description of each lot, part of lot or acreage specially benefitted by the local
improvement;
5.2 The name of the owner or reputed owner thereof, or that the name of the owner is
unknown; and
5.3 The sum assessed upon said property, the amount and date from which interest accrues,
and the date of entering the same in the docket of City Liens.
Section 6. Upon enactment of this ordinance, the City Finance Officer shall send notice of
Ordinance - 3
the assessments by first class mail to the owners of the assessed parcels containing the information
required by E.C. 7.190 and enclose therewith an application for paying the assessment in installments
according to the terms set forth in Section 4 of this ordinance.
Section 7. Any assessment remaining unpaid and for which no application for installment
payments has been received may be foreclosed as provided by law. The proceeds fi:om the payment
or foreclosure of assessments levied by this ordinance shall be deposited to the city funds which
advanced the cost of construction, engineering and related expenses or which are used to retire any
indebtedness incurred by the City for this improvement.
Section 8. An immediate effective date of this Ordinance is necessary to allow the City to
begin immediate collection of the assessments that will be used to pay the obligations the City has
incurred for this project. Enabling the City to begin collecting assessments will avoid increased
interest costs and conserve limited City resources. Therefore, this Ordinance shall become effective
immediately upon its passage by the City Council and approval by the Mayor, retention by the Mayor
for more than ten days, or readoption over a Mayoral veto by two-thirds of all members of the City
Council.
Passed by the City Council this
24th day of January, 2005.
Approved by the Mayor this
26th day of January, 2005.
/s/Kris L. Aanderud
Deputy City Recorder
/s/Kitty Piercy
Mayor
Ordinance - 4
.~:,om,o: P~U~P CITY OF EUGENE
SPECIAL ASSESSMENT SYSTEM
'" ASSESSMENT DISTRIBUTION
Ct~M~lS: SANTA. CLARA AV'B; RIVER RD TO 450' WES? ,
NUMBER: 2005-00010
NUMBI~R: 93004108 ·
Exhibit A
· CITY SHAI~:. ·
TOTAL CI'Ff SHARE:
TOTAL COST OF PROJECT:
J~'~I~CTZON CRITERIA
93004108
6 PROPERTIES AT THIS TIME $115,188.80
0 PROPBRTIE8 ARE ONHOLD $0.00
TOTA~ A~BBBBMENT FOR 6 PROPERTZEB
$115,188.80'
~ZT'Z PAVING $3,137.82
~ZTYBTORM $2,387.45
$S,S25.27
$120,714.07'
Exhibit B
FINDINGS AND RECOMMENDATIONS
SUBJECT: PROPOSED FINAL ASSESSMENT FOR CONSTRUCTION OF
SIDEWALKS, cURBs, GUTTERS, AND STORM DRAINAGE SYSTEM ON
SANTA CLARA AVENUE FROM RIVER ROAD TO APPROXIMATELY 600
FEET. WEST (JOB 4108) (CONTRACT 2005-10)
BACKGROUND
Santa Clara Avenue runs west from River Road between B01tlin~ and Irving Road: Prior to this
project Santa Clara Avenue was paved, but not completely developed to City Stafidards. The area
around Santa-Clara Avenue continues to develop. St. Vincent de Paul is cons.tmcting a 60 unit
low income residential development on Santa Clara Avenue, just west of the. area to be
improved. TheCity of Eugene's Fire Station #11 is under construction along the'Portion of
Santa Clara Avenue included in this project. In 2003, Lane Cour~ty finished street improvements
to the portion of Santa Clara Avenue just west of the Local Improvement District.
The City of Eugene received irrevocable petitions for this project in September and October
1989. The petitions included an area representing more than 81 percent of the assessable area of
the Local ImprOvement District. After the County finished their improvemen~ to Santa.Clara
Avenue, and in light.of the ongoing developments in the area, the Eugene City Engineer initiated
'Preparation of plans and bid specifications on February 20, 2004. Bids were solicited and the
Council acted to form the Local Improvement District (IJD) on August 12, 2004. The project
· has been completed, and final assessment costs have been calculated. The property owners were
notified of the pending assessment hearing ten (10) days prior to the date of th.e scheduled
hearing.
PROJECT
The project brings this portion of Santa Clara Avenue up to city .standards~ The improvements are
designed to meet the current and future pedestrian, bicycle and vehicular trave! needs along Santa
Clara Avenue. The improvements include constructing curbs, gutters sidewalks and storm
drainage on the north and south sides of Santa 'Clara from River Road to 600 feet west.
'ASSESSMENTS
Chapter 7 of the Eugene Code provides that the cost of~ublic improvement projects such as the
improvements to Santa Clara Avenue should be spread among the benefiting property owners,
with the City of Eugene absorbing a share of the costs. The City's share of costs includes costs
that the City has decided are necessary, but which do not provid~ as large and direct a benefit as
other costs which are assessed to property owners.
PROPOSED FINAL ASSESSMENT FOR CURBS AND GUTTERS, SIDEWALKS, AND STORM DRAINAGE
ON SANTA CLARA AVENUE Page 1
· The distribution of costs is specified in Eugene Code section 7.75. The anticipated distribution
of costs was described in the Council adopted hearings official recommendations upon creation
of the LID. The non-assessable City share for this project will be funded from the Transportation
SDC Fund, Stormwater SDC Fund, and Transportation Utility Fund (for a small section of
pavement repair).
Assessment financing, a 10-year payment plan throughthe City, is available to all prOperty
owners within the improvement district. None of the property owners qualify for the City's low-
to moderate income subsidy program.
The final unit assessable costs are:
Sidewalk (p[r square foot of assessable property) $ 7.56
Curbs and Gutters (per front foo0 $ 54.08
Direct Charges assessed $
Total Assessable Cost $
Total City Cost $
· Total Project Cost $
36,013.45
115,188.80
5,525.27
120,714.07
Estimated Assessment
At the time the !.ID was formed, the City Engineer developed a prediction concerning the cost of
the IJD. Based on the bid received, the estimated assessments were:
Sidewalks (per square foot)
Curbs and Gutters (per front foot)
$ 8.31
$ 58.61
Direct Charges
Total Assessable Cost
Total City Cost
Total Project Cost
$ 42,706.00
$129,166.10
$ 16,010~66
$145,176.70
PUBLIC INVOLVEMENT
This project was started because of property owner petitions. Notice of the proposed assessment
and proposed public hearing was sent to all property owners in the IJD. No persons requested an
opportunity to have a public hearing on the proposed assessments, so no hearing was held.
FINDINGS AND RECOMMENDATION
Appropriate notice was given of the public hearing and the availability of the proposed ordinance
for LID assessment, as required by the Eugene Charter and Code. Letters informing property
PROPOSED FINAL ASSESSMENT F°R CURBS AND GUTTERS, SIDEWALKS, AND STORM DRAINAGE
ON SANTA CLARA AVENUE Page 2
owners' of the hearing and notification to property owners of the intent of the City to characterize
the assessment as an assessment, not a tax, as required by ORS 305.583(5), Were. mailed to the
property owners.'
The overall cost of the project was less than estimated, and the assessments proPOsed are, as a'
result, smaller than originally estimated.
The Hearings Officer finds that the project is one for which the assessments are for local
improvements as set forth in ORS 310.410 because
o
o
The assessments do not exceed actual' costs;
The assessments are imposed for a capital construction project that provides a
specific benefit for a specific property or rectifies a problem caused by a specific
property
The assessments are imposed in a single assessment upon completion of the
project; and
The assessments allow the property owners to elect to pay the assessment with
interest over at least ten (10) years.
The Hearings Official also finds that the proposed final assessment, calculated and recommended
by the City Engineer is reasonable and consistent with the Eugene Code. The Hearings Official
recommends that the Council act in accord with the City Engineer's recommendations, adopting
the ordinance prepared for the public hearing, levying' the assessment as set forth by the City
Engineer.
Respectfully subgfitted~,
5/:~..' _//' ./ ."//..
Milo Mecham
Hearings Official
Dated: January 13, 2005
PROPOSED FINAL ASSESSMENT FOR CLrRBS AND GLITTERS, SIDEWALKS, AND STORM DRAINAGE
ON SANTA CLARA AVENUE Page 3
DATE:
January 5, 2005
FROM:
TO:
Mark Schoening, City Engineer
Hearings Official
SUBJECT:
PROPOSED FINAL ASSESSMENT FOR CONSTRUCTION OF
SIDEWALKS, CURBS, GUTTERS, AND STORM DRAINAGE SYSTEM ON
SANTA CLARA AVENUE FROM RIVER ROAD TO APPROXIMATELY 600
FEET WEST (JOB 4108) (CONTRACT 2005-10)
BACKGROUND
The project was petitioned by three Irrevocable Petitions received by the City, in October 1989 and
September 1989. These petitions represent 81.13% of the assessable frontage within the boundaries of the
Local Improvement District (LID). St. Vincent DePaul is constructing a 60 unit low income residential
development just west of the improvement project. In addition, City of Eugene Fire Station #11 is currently
under construction on a parcel representing 16.82% of the frontage in the LID. Prior to this improvement
project being completed there were no sidewalks, curb or gutter on the south side of the street and no '
sidewalk on a portion of the north side of the street. The City Engineer initiated the preparation of plans
and specifications, pursuant to Section 7.160(8) of the Eugene Code, 1971 on February 20, 2004. The
project has bought Santa Clam Avenue up to full City standards and meets the current and future
pedestrian, bicycle and vehicular needs in this developing area of the community.
Bids were opened on July 1, 2004, with Brown Contracting, Inc. as the low bidder. The City Council
formed the Local-Improvement District (LID) on August 12, 2004. The project has been completed,
and final assessment costs have been calculated. The property owners were notified of the pending
assessment hearing ten (10) days prior to the heating as required by Municipal Code.
The intent of the final assessment heating that is scheduled for January 5, 2005, is 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.
CORRESPONDENCE
Since the mailing of the Notice of Proposed Assessment, City staff has not received any phone calls
or written correspondence expressing concerns or questions regarding the cost of the improvements.
PROJECT DESCRIPTION
The street improvements include constructing curbs, gutters, sidewalks, and storm drainage on the north
and south sides of Santa Clara Avenue from River Road to 600 feet west.
ASSESSMENT
Costs are distributed per City Code 7A75, and as outlined in the Council adopted Hearings Official
findings and recommendations, and the resolution forming the LID.
Hearing Memo - Santa Clara Avenue
January 5, 2005
Page 2
The non-assessable City share for this project will be funded from the Transportation SDC Fund,
Stormwater SDC Fund, and Transportation Utility Fund (for a small section of pavement repair).
Assessment financing, a 10-year payment plan through the City, is available to all property owners
within the improvement district as identified by City Code, Chapter 7. None of the property owners
qualify for the low-to moderate income subsidy program.
Below are the final unit assessable costs:
Sidewalk (per square foot)
Curbs and Gutters (per front foot)
$ 7.56
$ 54.08
Direct Charges assessed
Total Assessable Cost
Total City Cost
Total Project Cost
$ 36,013.45
$115,188.80
$ 5,525.27
$120,714.07
The City will pick up the cost for non-assessable curb and gutter, sidewalks, and storm drainage
system as identified by City Code, Chapter 7.
Costs listed below are the estimated assessment costs calculated at the time' of the formation of the
LID. A contingency was included in the es~mate.
Sidewalks (per square foot)
Curbs and Gutters (per front foot)
$ 8.31
$ 58.61
Total Assessable COst
Total City Cost
Direct Charges
Total Project Cost
$129,166.10
$ 16,010.66
$ 42,706.00
$145,176.76
RECOMMENDATION
The final total assessable costs are lower than quoted at the time of the formation of the LID. Costs
are distributed in accordance with Eugene Code. Staff recommends approval of the assessments as
calculated and that the Council levy the final assessments.
REPORT ID: RPT240SP
PROJECT .#.- 2005-00010
~'~CT ~I~ DEsCR~IPTION
17041143 00801 000
CITY OF EUGENE
SPECIAL ASSESSMENT SYSTEM
ASSESSMENT ROLL FROM SPA (F~NAL)
CONT.%C"1' #: 2005 00010 JO~ #: 93004108
PAGE: 1
E~hibit C
0010
IMPROVEMENTS ON SANTA CLARA AVENUE FROM RIVER ROAD TO AppROxIMATeLY 450 FEET WEST
ACCOUNT STATUS
PENDING
OWI~R
SANTA CLARA LIMITED PTNREHP
705' SENECA
EUGENE OR 97402
PROPERTY DESCRZPTZON~ DEED 2004-050882
IMPROFBNBNTs AMOUNT
SIDEWALK/DRIVE APRON
TOTA~ ACCOUNT IMPROVEMENT:
$755.74
,755 :*4
MASTER PROJECT %: 2005-00010
PROJECT LEGAL DESCRIPTION
CONTRACT #: 2005 00010 JOB #: 93004108 SEQ #: 0020
IMPROVEMENTS ON SANTA ~ AVENUE FROM RIVER ROAD TO APPROXIMATELY 450 FEET WEST
TAXI~T
17041144 02601 000
A~OUNT STATUS
PENDING
OWNER
SANTA CLAP. A INVEST GROUP
P O BOX 40453
EUGENE OR 97404
PROPERTY DESCRIPTION: PCL1 PLAT 2003-P1686
IMPROV]~TS AMOUNT
SIDEWALK/DRIVE APRON
$9,688.61
TOTAL ACCOUNT IMPROFEMENT:
$9~688.61
MASTER PROJECT #: 2005-00010
PROJECT LEGAL DESCRIPTION
CONTRACT #: 2005 00010 JOB %: 93004108 SEQ #: 0030
I~PROVEMENTS'ON SANTA CLARA AVENUE FROM RIVER ROAD TO APPROXIMATELY 450 FEET WEST
TAX~OT
17041144 02602 000
ACCOUNT STATUS O~I~R
PENDING LOXODONTA LLC
90912 KIRK RD
JUNCTION CITY OR 97448
PROPERTY DESCRIPTION: PCL2 PLAT 2003-P1656
IMPROVEMENTS
AMOURT
SIDEWA.LK/DRIVE APRON
$5,~84.39
TOTAL ACCOUNT iMi~ROVEMENT= $5,184.39
REPORT ID: RPT240SP
MAST]~ pROJECT #: 2005-00010
PROJECT L~GAL DESCRIPTION
CITY OF EUGENE
SPECIAL ASSESSMENT SYSTEM
ASSESSMENT ROLL FROM SPA (FINAL)
PAGE: 2
CONTRACT #: 2005 00010 JOB #: 93004108 SEQ #= 0040
IMPROVEMENTS ON SANTA CLARA AVENUE FROM RIVER ROAD TO APPROXIMATELY 450 FEET ~T~ST
T3~][LOT
13041144 02700 000
ACCOUNT STATUS
PENDING
OWNER
F~CILITIES MGMT EUGENE CITY OF
210 CHESHII%E ST
EUGENE OR 97401
PROPERTY DESCRIPTION: PCL1-A 2004-06785
IMPROVEMENTS
AMOUNT
SIDEWALK/DRIVE APRON
DIRECT CHA~GES- OTHER
STREET IMPROVEMENTS
$4,217.04
$16,058.94
$5,532.26
TOT/~Ja ACCOUNT IMPROVEMENT:
~25,808.24
MASTER PROJECT %: 2005-00010
PROJECT LEGAL DESCRIPTION
TAXLOT
17041144 02800 000
CONTRACT #: 2005 000~0 JOB #: 93004108 SEQ #: 0050
IMPROVEMENTS ON SANTA CLARA AVENUE FROM RIVER ROAD TO APPROXIMATELY 450 FEET WEST
ACCOUNT STATUS
PENDING
OWNER
FACILITIES MGMT EUGENE CITY OF
210 CHESHIRE ST
EUGENE OR 97401
PROPERTY DESCRIPTION: PCL2 2004-06785
IMP ROVEI~NTS
AMOUlqT
SIDEWALK/DRIVE APRON
DIRECT CHARGES-OTHER
STREET IMPROVEMENTS
$3,000.29
$16,058.94
$4,055.91
TOTAL ACCOUlqT IMPROVEMENT: ~23,115.14
.._.~* '~DJECT #: 2005-00010
PROv'-'~CT I~G.M~ D]~SCR~'I~IoN .
.CITY OF EUGENE
spECIAL ASSESSMENT SYSTEM
ASSESSMENT'ROLL FROM SPA (FI~L)
PAGE: 3
' CONTRAcT %: 2005 00010 'JOB #: 93004108 SEQ #: 0060
IMPROVEM~TTS ON sANTA CLARA A%~BNUE FROM RIVER ROAD TO APPROXIY~.TELY 450 FEET WEST
1'704114,& 06000 000
ACCOONT ETAT~B OWNER
P O BOX 10905
EU(;ENE OR 97440
PROPEI~TY DBB(~ZPTZONt DEC~/~ATZON R 2568 99060602
I~PROVEMENTB AMOONT
S IDEWALK/DRI~E APRON
DIRECT CHARGES-OTHER
STREET IMPROVEMENTS
$19,354.54
$3,895.57
$27,386.57
TOTAL ACCO~ I~i=ROVEM~T:
$50r636.68
80~y OF IMPROVEMENTS:
S I DE~LK/DRIVE A. PRON
DIRECT C~GES-OTH~R
ST~. I~RO~S
~T~
$42,200.61
$36,013.45
$36,974.74
$115,188.80