HomeMy WebLinkAboutOrdinance No. 20347
ORDINANCE NO. 2~}347
AN O~INANCE LEVYING ASSESSMENTS FOR IMPROVEMENTS
CONSISTING OF PAVEMENT~ CURBS AND GUTTERS, SIDE'~;(4LKS,
MEDIAN, STP~ET LIGHTS, TRAFFIC SIGNAL, ST~ET T~ES,
WASTEWATER, AND STORM WATER DI~4INAGE ON GARDEN WAY
FROM SISTERS VIEW AVENUE TO MARTIN LUTHER KING AR,
BOULEVARD, AND THE NORTH SIDE OF MARTIN LUTHER KING JR,
BOULEVARD FROM MARCHE CHASE DRIVE TO I-5; AND PROVIDING
AN IMMEDIATE EFFECTIVE DATE. (CONTRACT 2004-20) (JOB #3502)
The City Council of the City of Eugene finds that:
A. On the 12th day of November, 2002, the City Council, by motion duly passed,
initiated the proposed local improvements consisting of pavement, curbs and gutters, sidewalks,
median, street lights, traffic signal, street trees, wastewater, and storm water drainage on Garden Way
from Sisters View Avenue to Martin Luther King Jr. Boulevard, and the north side of Martin Luther
King Jr. Boulevard form Marche Chase Drive to I-5.
After due notice and a public hearing before the hearing official on March 17, 2004,
the City Council formed the Local Improvement District and authorized construction of the local im-
provements on the 12th day of April 2004.
C. Several of the properties in the Local Improvement District are located outside the
boundaries of the City; Under provisions of state taw, the concurrence of the Lane County Board of
Commissioners is required for inclusion of the properties in the local improvement d/strict. On
December 3, 2003, Lane County by Board Order 03-12-3-8, has give concurrence that the properties
(Gorman, Tax Lot #1703331200802; White, Tax Lot #1703284001800; Wylie, Tax Lot
#1703284000103, Tax Lot #1703284000100, Tax Lot #1703284000102; Robinson, Tax Lot #
1703284001900, Tax Lot #1703284002000; Brenaman, Tax Lot # 1703284002200; Thompson, Tax
Lot #1703284001101) be included in the Local Improvement District.
D. The actual cost of the local improvements is ascertained to be $3,613,813.77, and the
amounts to be assessed to, and borne by, the specially benefitted property~ and to be borne bythe City
or others, have been determined in accordance with applicable provisions of the Eugene Code, 1971
CE.C?'), 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.
E Apublic hearing on the ordinmace, 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 May 18, 2005. At least ten days prior to the scheduled public hemSng before the
Ordinance
hearing official, a notice containing the infbrmation required by E.C. 7.185 was posted on a public
bulletin board at C/ty Hall and given by certified mail to the owners of the parcels of real property
subject to the assessment. 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 sarne date, as required by Section 28(1) of the Eugene Charter of 2002.
H. 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~. 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 improvements consisting of pavement,
curbs and gutters, sidewalks, rnedian, street lights, traffic signal, street trees, wastewater and storm
water drainage on Garden Way from Sisters View Avenue to Martin Luther King Jr. Boulevard, and
the north side of Martin Luther King Jr. Boulevard from Marche Chase Drive to ][-5 is $182,143.50
vchich 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, which includes those properties whose owners qualified
for the Street Subsidy Program.
. 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
shat1 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 m~e 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
Ordinance - 2
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 improvements;
5.2 The name of the owner or reputed owner thereof, or that the name of the
owner is unkmown; and
5.3 The sum assessed upon said property, the amotmt and date from which interest
accrues, and the date of entering the same in the docket of City Liens.
Sectg_fi. Upon enactment of this ordinance, the City Finance Officer shall send notice of
the assessments by first class mail to the owners of the assessed pmcels containing the information
required by E.C. 7.190 and enclose therewith an application fbr 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 from 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 these improvements.
Section_ 8. An i~ediate 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
inc-u=ed 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
Approved by the Mayor this
13th day of June, 20(}5.
15t~* day of June, 2005.
City :order
Ordinance - 3
93003502
MJ~RT IN
ASSESSABLE
53
PENDING
ON HOLD
LIEN DEFERRED
CITY ILLUMINATION
CITY SA~ITARY
CITY STORM
LOW INCOME SUBSIDY
PAID BY OTHER AGENCY
ROUNDING EPHOR
$1,030,936.25
$10.187.28
.92
$0~00
$3~613.813,??
CONTRACT ~K~BER = 200400020
SLrB~CT:
ot
of
BOULEV~
resolution authorizing acquisition of needed fight of way through the en~nent domain process for
the Garden Way Proj~ct~
The Eugene City Council formed the Local ~provement District on April 12, 2004. The project
has been completed and final assessments'have been calculated.
pending final Assessment hearing ten (10) days prior to
travel lanes, a center turn lane for a
and wastewater and
such as the
not abut
not
In this case the total project costs have been deter~ned to be $3,613,813~77. The City share of
the project cost, pursuant to the directions in Eugene Code Chapter 7, is $2~873,I62~40.
assessable costs are divided among the properties either on a per lot basis, or
basis, depending on the directions of Chapter 7 of the Eugene Code.
$ 71565
$ 102536
$ 3.9O
$ 0.27
$ 3,560.29
Total Assessable Cost
Total City Cost
$ 740,651.37
$ 2,873,162.40
AND GUTTERS, S S, )2qD
WAY AND ON THE NORTH SIDE OF MARTIN LUTHER KING, JR.
Page 2
Total Project Cost $ 3,613,813.77
Of the assessable cost, $357,799.58 are delayed street assessments and $200,708.29 are on-hold
wastewater assesSmentS~
10.92.
the 33
~ will pay
very. tow'
filed an appeal, but
P/~LIC INVOLVEMENT
to the proposed final assessment, the Hearings Official finds that notice of the public
provided ~d all the property owners were given an opp°rtunity to participate i}a the
mailed
assessment
one for which the assessments are for local
AND RELATED
JR.
Page 3
years~
assessment upon completion of the
assessment with
the assessment as set forth by the City
Milo Mecham
Heanngs Official
Dated: June 6~ 2005
PROPOSED FINAL ASSESS~NT FOR PAVING, CURBS AND GUTTERS~ SIDEW~KS, AND RELATED
I~ROYEMENTS ON G.~G)EN WAY AND ON THE NORTH SIDE OF MARTIN LUTHER KING~ JR.
BOULEVARD Page 4
) N GAP/DEN
: LORETTA J
$9~113.15
R145/86267
$7,290,51
2004-099282
$2,8S6.97
9307117600
$9,113~15
2000006215
$6,105.81
~4~o383~oo
$4~556.57
R676/~?6S
$24,608~23
R1664 90-54412
2001~033470
$978~96
9808731500
107i HARLOW RD
EUGENE OR 97477
JOHNS ALVIN BLAF~
150 N GAP~EN WAY
EUGENE OR 97401
VANNETT MICPLn~L N
3605 BA~ELL AVE
EUGENE OR 97401
EVANS DAVID M
230 N GARDEN WAY
EUGE~ OR 97401
NORTHWEST PIPELII~E CORP
PO BOX 58900
SALT LAKE CI~ UT 8415B
EWEB
P 0 BX 10148
EUGENE OR 97440
GARDEN WAY CHURCH
231 N GARDEN WAY
EUGENE OR 97401
~EN WAY CHURCH
231 N GARDEN WAY
EUGENE OR 97401
SALAMONE C~RLES N
3310 STRAThmORE PL
EUGENE OR 97405