Loading...
HomeMy WebLinkAboutOrdinance No. 19786ORDINANCE NO. l~ ~ ~ ~O AN ORDINANCE LEVYING ASSESSMENTS FOR SANITARY SEWERS NORTH OF KINGSLEY ROAD AND WEST OF GOODPASTURE ISLAND ROAD; DECLARING AN EMERGENCY. The City Council of the City of Eugene finds that: 4n the 29th day of January, 1990, as authorized in the Eugene Code 7.160~5~ the .City Engineer initiated the proposed local improvement consisting of sanitary sewers north of Kingsley Road and west of Goodpasture Island Road. After due notice and a public hearing thereon before the hearing official, and no remonstrances having been filed, on the 14th 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 $37,240.75 and the amounts to be assessed to and borne by the specially benef fitted property and to be borne by the City or others has been determined 'in accordance with applicable provisions of the Eugene Code, 1971 and as set forth in Items l to 13 from Page 1 on Exhibit A attached hereto and incorporated herein by reference. The City Council has established the method of calculating local improvement assessments in Sections 7.170 and 7.175 of the Eugene Code, 1971. A notice containing the information required by Section 7.155 of the Eugene Code, 1971 has been posted on a bulletin board at City Hall and given by certified mail to the owners of the parcels of real property subject to the assessment more than ten days prior ORDINANCE - 2 to the public hearing before the hearing official. At the time and place specified therein, a hearings official heard all evidence and argument presented, and no remonstrances having been filed, has fully considered the same, and has reported his ar her adopted findings to the City Council. The Council has reviewed and considered the assessment report of the City Engineer and Finance officer and the hearings off i-- cial's findings and summary of the hearing, and based thereon, THE CITY OF EUGENE DOES aRDAIN AS F4LL4WS: . Section 1. The Summary of the hearing conducted by the hearings official are hereby made a part of the Council's record in these proceedings, and the hearings official's f findings, including those regarding compliance with Sections 7.160 to 7.190 of the Eugene Code, 1971, attached hereto as Exhibit B and incor-- posted herein by reference, are hereby adopted. Section ~. The actual cost of the ,local improvement compris- ing of sanitary sewers north of Kingsley Road and west of Goodpas-- ture I$land Road is $37, 240.78 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 parcel of land or lot hereinabove described is specially benef fitted ORDINANCE - 3 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 effect date o.f this ordinance: 4.1 In up to twenty semi-annual installments, including principal and interest at the rate set bit the City Manager as provided in E.C. 2.022 through 2.024. 4.2 If the property owner so elects, in 120 monthly install-~ meats, 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 to be 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 benef fitted 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 from which interest accrues, and the date of entering the same in ORDINANCE - 4 the docket of City Liens. Section ~ d . Upon enactment of ~ this ordinance, the City Finance 0f f icer shall send notice of the assessments by first class to the owners of the .assessed parcels containing the information required by Section 7.190 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 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 cast 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 more than ten days, or readaption over a mayoral veto by two-thirds of all members of the Council. Passed by the City Council this yT~`day of ~,,,,,~ 199 ~-... ~' City Recorder Approved by the Mayor this . ~da f 199 Mayor ORDINANCE - 5 ~XHIB~T A -= aSSESSM~NT V~ORI~SH.EET °IQ interest on this assessment In the City of Eugene, Lane County, Oregon, an ordinance levying assessments for: ~ will begin Sanitary sewers north of Kingsley Road and west of Goodpasture island Road ITEM ~. Amount paid to Contractor: Contract # 90- 08 $ ~ 0 411.65 Job # 2561 Cap Proj. # 75 Ordinance # ITEM 2. Liquidated damages: . $ ITEM 3. Other direc# costs: Due back ~Ceordr # Date Descri Lion to Fund; 91-3272 a es Ong Inv. ,~ 5 351 $ 163.15 . ~ lateral sewer a uivalent of trunk sewer ~~ ~ $ ~ 3. ITEM 4. Subtotal: Items ~ through 3 $ 26 14$.40 ITEM 5. Basis for 5°/° Finance Administration fee calculation. Subtotal--Item 4: $ 2G, ] 48.40 Total not subject to 5°/p Finance Fee Item 13c} E- $ > ITEM 5a. Finance costs subject to 5°/° fee; $ 26 148.40 ITEM fi. Engineering charge -- 21°/a of Item 4: 532= X3,210.45 . $ __. _ _5 .,_491.16 ,- . 351=X2,220.71 ITEM 1. 5°l° Finance Administrative fee ~5°/° k Item 5a}: $ 1 307- ~42 ITEM 8. Interest onshort-term construction financing: ~ $ 218 . QO ITEM 9. Other charges: ~ $ ITEM 1 ~. Due to sewer fund for 2-112 cent levy: ~ Fu n d 5 32 } • $ ITEM 11. MINMC Facility Equalization Fee $ ITEM 12. TOTAL ASSESSM ENT per ordinance $ 3 7 2 4 0.7 8 ITEM 13. City's share of cost for completed contract Work ACK Direct Costs Eng. Fee Interest Total ~a} fib} {c} ~d} fie} ~f } $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total: Not subject to 5°/° Finance Fee $ ~ $ $ . $ *ceorder # ~ . ITEM 14. Intersections - subject to 5°l° Finance Fee $ $ $ $ ITEM 15. Deferred Assessments included in Item ~ 2. {Eugene Code ?.197}. Advanced from Fund , AJE # $ ITEM 16. Costs not Iienable included in Item 12 -funded by City accounts. Extraterritorial ACK: Vacant outside City limits ACK:. Bankrupt accounts ACK: 4~~ l`oR~ ~~~74 F~DINGS AND RECOMMENDATIONS SUBJECT: SANITARY SEWER NORT~i OF KINGSLEY ROAD AND WEST OF GOODPASTITRE ISLAND ROAD. (CONTRACT 90-08) (JOB #2561) BACKGROUND This project was initiated by a petition from property owners. The extension was constructed to support considerable growth in the area. Based on the petition, the City Engineer initiated the project, as provided for in the Eugene Code 7.1608} on January 29, 1990. The property owners were notified of the local improvement district hearing 10 days prior to the hearing with the hearing official. The local improvement district was formed by the City Council on May 14, 1990. The low bid was submitted by Dan D. Allsup Contractor Inc, for an amount of $10,326.25. PROJECT The project includes 305-feet of sanitary sewer. ASSESSMENT Under City of Eugene assessment policy, 100 percent of the cost Is assessed to the abutting property owners. The property owners where notified over 1D days prior to the scheduled assessment hearing date of June 11, 1991. The costs to be assessed are shown below: Sanitary sewer $ 0.29/square foot Sanitary service $ 769.61/each Levy $ .025/square foot The costs listed below were the Engineer's estimate calculated from the low bid: Sanitary sewer Levy RECD ATION $ .30/square foot $ .025/square foot The final costs are slightly Tower than preliminary costs quoted at the local improvement district hearing and are comparable to typical projects of this size. There was no request for a hearing regarding the assessments proposed. fine ownership has changed since the formation of the local Improvement district. Richard HiII of Western Heritage has purchased tax lot 17-D2-13-44-002DD account #9000DS-D040~ from Emerald Valley Development. Mr. -1- Hill contacted staff on June 1o concerned that he had not been made aware of the pending assessment other than the final notice of the hearing, The tide report records, however, reflect a pending assessment as required by code which was established just after the local improvement district formation. Staff recommends approval of the assessment distribution, A memorandum setting forth the above information was provided to the He~.ngs 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_ MEMORANDUM June 10, 1991 To: Hearings official FRaM: Les Lyle, City Engineer SUBJECT: SANITARY SEWER NORTH OF KINGSLEY ROAD AND WEST OF GOODPASTURE ISLAND ROAD. CONTRACT 94-07~ JOB #~561~ BACKGROUND This project was initiated by a petition from property owners to facilitate development. The properties petitioning for the improvements will bear 44 percent of the improvement costs. Based on the petition, the City Engineer initiated the project, as provided for in the Eugene Code 7.16 0 ~ 8 } on January 2 9 , 19 9 0 . The property owners were notified of the pending award hearing 10 days prior to the hearing. The project was authorized for construction by the City Council on May 14, 1990. The low bid was submitted by Dan D. Allsup Contractor Inc, far an amount of $10,326.25. PROJECT The project includes 305-feet of sanitary sewer. ASSESSMENT Under City of Eugene assessment policy, percent of cost is assessed to the abutting property owners. The costs to be assessed are shown below: Sanitary sewer $ 0.29/square foot Sanitary service $ 769.61/each Levy $ .025/square foot Cost listed below are the Engineers estimate calculated from the low bid. Sanitary sewer $ .30/square foot Levy $ .025/square foot HEARING MEMO June 14, 1991 Page 2 RECOMMENDATION The final costs are comparable/higher/lower than preliminary costs quoted at the award hearing and are comparable to typical projects of this size. Staff recommends approval of the assessment distribution. FINAL ASSESSMENT RILL not attached; it is on ~iie and available by Written request in the City Recorder's Office.