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HomeMy WebLinkAboutOrdinance No. 19785ORDINANCE NO. 1 G17~S~ AN ORDINANCE LEVYING ASSESSMENTS FoR SANITARY SEWERS IN BYRON AVENUE-FROM IRVINGT4N DRIVE To 454-FEET SOUTH OF IRVINGTON DRIVE; DECLARING AN EMERGEN- CY. The City Council of the City of Eugene finds that: an the 19th day of January, 1990, as authorized in the Eugene Code 7.160~8~ the City Engineer initiated the proposed local improvement consisting of sanitary sewers in Byrvn Avenue from Irvington Drive to 450-feet south~of Irvington Drive. After due notice and a public hearing thereon before the hearing official, and no remonstrances having been filed, on the loth day of May, 1990, the City Council formed the local improve- ment district and authorized construction of the-local improve- ment. The actual cost of the local improvement is ascertained to be $52,398.29 and the amounts to be assessed to and borne by the specially benef fitted property and to -be borne by the City or others has been determined in accordance with applicable provisions of the Eugene Code, 1971 and as set forth in Items 1 to 13 from Page 1 on Exhibit A attached hereto and incorporated herein by reference. The City Council has established the method of calculating local improvement assessments in Sections 7.170 and 7.175 of the Eugene Code, 1971. A notice containing the information required by Section 7.185 of .the Eugene Code, 1971 has been posted on a bulletin board at City Hall and given by certified mail to the owners of the parcels ORDINANCE - k2 of real property subject to the assessment more than ten days prior to the public hearing before the hearing official. At the time and place specified therein, a hearings official heard all evidence and argument presented, and no remonstrances having been filed, has fully considered the same, and has reported his or her adopted findings to the City Council. The Council has reviewed and considered the assessment report of the City Engineer and Finance Officer and the hearings offi- cial's findings and summary of the hearing, and based thereon, R THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The Summary of the hearing conducted by the hearings official are hereby made a part of the Council's record in these proceedings, and the hearings official's findings, including those regarding compliance with Sections 7.164 to 7.190 of the Eugene Code, 1971, attached hereto as Exhibit B and incor~- porated herein by reference, are hereby adopted. - Section 2. The actual cost of the local improvement compris- ing of sanitary sewers in Bryon Avenue from Irvington Drive to 450- feet south of Irvington Drive is $5~,395.~9 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 being within the described local improve meat district as set forth on the assessment roll attached as Exhibit C hereto and incorporated herein by reference. - Section 4. The City Council does hereby determine that each ORDINANCE - 3 k parcel of land or lot hereinabove described is specially benef fitted to the extent of the assessment set forth, The Finance Cff icer 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 I 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 effect. 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 12 0 monthly install- ments, including principal and interest at the rate set by the City Manager as provided in E.C. 2.o22 through 2.a24 plus a service charge to be determined by the City Manager as provided in E.C. 2.o2a. 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, that the name of the owner~is unknown; and 5.3 The sum assessed upon said property, the amount and date ORDINANCE ~- 4 from which interest accrues, and the date of entering the same in the docket of City Liens. Section ~ . Upon enactment of, this ordinance, the City Finance ~f f icer shall send notice of the assessments by first class to the owners of the assessed parcels containing the information required by Section ?.194 of the Eugene Code, 1971, and enclose therewith an application for paying the assessment in installments according to the terms set forth in Section 4 of this ordinance. Section ?. Any assessment remaining unpaid and for which no application far 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 construc- tion, engineering and related expenses or which are used to retire any indebtedness incurred by the City for this improvement. Section 8. That the matters contained herein affect the - public welfare and safety and therefore, an emergency is hereby ' declared to exist, and this ordinance shall become effective immediately upon its passage by the City Council and approval by the Mayor, retention by the Mayor for mare than ten days, or readoption over a mayoral veto by two-thirds of all members of the Council. .. . Passed by the City Council this Approved by the Mayor this AYH day of 199 a4~d y f u~,r..c_ 199E ~-. Off' ~~ `(.._ City Recorder Mayor T oRD2NANCE - 5 EXH~~~T Q -= aSS~SSMENT V~4RKSHEET °lo interest on this assessment In the City of Eugene, Lane County, Oregon, an ordinance levying assessments for:. ~ will begin Sanitary sewers in Byron Avenue from Irvington Dave to 450-feet south of Irvington Drive ITEM ~. Amount paid to Contractor: Contract # 90-07 $ 26, 924.70 Job # 2553 Gap Proj. #~ 945214 ~ . ordinance # ITEM 2. Liquidated damages: $ ITEM 3. ether direct costs: Due back ~Ceordr # Date Descri tion to Fund: .~3 3 S 7 3.,, ,___ 6_ ~ 2 519 J ~L a b t e s t.~ n 9_,~.,_ .~,. ~_,~,._,.._ 3 51 $. 6 0 0.2 0 ' $ _ latera(sewer equivalent of trunk sewer ~' $ ITEM 4. Subtotal: Items ~ through 3 $ 39 831.60 ITEM 5. Basis for 5% Finance Administration fee calculation. Subtotal -Item 4: = $ 39 $31.60 Total not subject to 5°/a Finance Fee Item ~3c} ~- $ ~ ~ ITEM 5a. Finance costs subject #0 5°1° fee: $ 39 831.60 ITEM fi. Engineering charge - 21 % of Item 4: ~ $ 8 364.64 ITEM 1. 5°/° Finance Administrative fee ~5% X Item 5a}: ~ $ ~ 1 991:5$ ITEM 8. Interest onshort-#erm construction financing: $ $$6 , QQ ITEM 9. Other charges: $ ~~ $ ITEM ~0. Due to sewer fund for 2-~12 cent levy: ~ Fund 532 ~ $ ~ 1 324.47 ITEM ~1. MVVMC Facility Equalization Fee $ ITEM 12. TOTAL ASSESSMENT per ordinance $ 52 398.29 ITEM 13. City's share of cost for completed contract Work ACK Direct Costs Eng. Fee Interest Total ta} ~} ~c} td} ~e~ ~f} . $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ .$ Total: Not subject to 5°/a Finance Fee $ $ $ , $ *ceorder # ITEM ~4. Intersections - subject to 5% Finance Fee $ $ $ $ ITEM ~ 5. Deferred Assessments included in Item ~ 2. Eugene Cade ?. ~ 97}. Advanced~from Fund ~ , ASE # $ ITEM 1 fi. Costs not iienable included in Item ~ 2 -- funded by City accounts. Extraterritorial ACK: - - -~ Vacant outside City limits ~ ACK: Bankrupt accounts ACK: _.$32,695.50 4191 i=ORM ~t274 FIl~DINGS AND RECG ATI~NS SUBJECT: SANITARY SEWER IN BRYON AVENUE FROM IRVINGTON DRIVE TO 450-FEET SOUTH OF IRVINGTON DRIVE. (CONTRACT 90-0'n (JOB #2553) BACKGROUND This project was initiated by a petition from property owners to facilitate development. The properties petitioning for the improvements will bear 45 percent of the improvement costs. The balance of the assessable area is outside the city boundaries and will be levied when development of the properties occurs. Based on the petition, the City Engineer initiated the project, as provided for in the Eugene Code 7.1608} on January 19, 1990. The property owners were notified of the pending local improvement district hearing 10 days prior to the hearing. The local improvement district was authorized on by the City Council an May 14, 1990, The low bid was submitted by H & J Construction Company for an amount of $21,591.60. PROJECT The project includes 360-feet of sanitary sewer and a half street overlay. ASSESSMENT Under City of Eugene assessment policy, 104 percent of the cost is assessed to the abutting property owners. Properties outside the City are included in the assessable rates. The casts to be assessed are shown below: Sanitary sewer $ 0.29/square foot Sanitary service $ 769.12/each Levy $ .025/square foot The costs listed below were the Engineer's estimate calculated from the low bid: Sanitary sewer Sanitary service Levy REC(]MMENDATIDN $ .34/square foot $1,105.67/each $ .025/square foot The final casts are lower than preliminary costs quoted at the award hearing and are comparable -1- to typical projects of this size. A hearing with a hearing official was scheduled for June 11, 1991. Property owners did not request a hearing and so the hearing was cancelled. Staff recommends approval of the assessment distribution. A memorandum setting forth the above information was provided to the Hearings Official. It is the finding of the Hearings Official that the assessment for this project as determined by the City Engineer has been calculated in accordance with the Eugene Code. Therefore, the Hearings Official recommends that the City Council adopt an ordinance assessing the properties for the above project in the amounts set forth in these Findings. Respectfully submitted, Jack A. Billings Hearings Official _2_ FINAL ASSESSMENT ROLL not attached; it is on ale and available by written request in the City Recorder's ~f~ice.