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HomeMy WebLinkAboutOrdinance No. 19787ORDINANCE NO. ~, ~ ~ ~C AN aRDINANCE LEVYING ASSESSMENTS F4R SANITARY SEWERS oN 4TH AVENUE FROM 285-FEET EAST OF LINCOLN STREET TO LINCOLN STREET; DECLARING AN EMERGEN-~ CY. The City Council of the City of Eugene finds that: on the 13th day of March, 1990, as authorized in the Eugene . Code 7.160~8~ the City Engineer initiated the proposed local improvement consisting of sanitary sewers on 4th Avenue from 285- feet east of Lincoln Street to Lincoln Street. After due notice and a public hearing thereon before the hearing official, and no remonstrances having been filed, on the 2 3rd day ~ of July, 19 9 0 , the City Council formed the local improve- meat district and authorized constructive of the local imprave- meat. . Th.e actual cost of the local improvement is ascertained to be $23,303.57 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 a.nd 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 - ~ 2 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, THE CITY 4F 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 7.160 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 sanitary sewers on 4th Avenue from 285-feet east of Lincoln Street to Lincoln Street is $23,303.87 which is hereby assessed against the parcels of property hereinafter described in the amounts set opposite, respectively. Section ~. The~City Council does hereby determine and assess each lot and part of lot being within the described local improve- ment 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 parcel of land or lot hereinabove described is specially benef fitted 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 of this ordinance: 4.1 In up~ta 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 sa elects, in 120 monthly install- ments, 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 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 aRDINANCE ~- 4 from which interest accrues, and the date of entering the same in the docket of City Liens. Section d. Upon enactment of this ordinance, the City Finance officer 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 S. 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 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 2~{'~~ day of_ , 199 a~ da o , 99 ~~~ City Re order Mayor oRDINANCE - 5 EXH~Bi~' Q -- aS~ESSMENT w~RKSHEET [n the City of :Eugene, Lane County, nregan, an ordinance levying assessments for: Sanitary sewers on 4th Avenue from 285-feet east of Lincoln Street to Lincoln Street ITEM ~. Amount paid to Contractor: Contract # 90-23 Job # 2589 CapProj. # 905425 ordinance # ITEM 2. Liquidated damages: ITEM 3. ether direct costs: Due back ~Ceardr # Date Descri Lion to Fund: 91 ~~ 05~ ~ 10-5-90 Lab testi n mater~a s 351 . ,.,~_ lateral sewer a uivalent of trunk sewer ITEM 4. Subtotal: items 1 through 3 ITEM 5. Basis for 5°/° Finance Administration fee calculation. Sr,btotai -Item 4: $ 18 145.93 Total not subject to 5°/° Finance Fee Item 13c} ~- $ ~ ITEM 5a. Finance costs subject to 5°/° fee: $ 1$ 145.93 ITEM fi. Engineering charge --21°/° of Item 4: ITEM ?. 5°1° Finance Administrative fee t5°/° X item 5a}: ITEM 8.~ Interest onshort-term construction financing: ITEM 9. Dther charges: ITEM ~ d. Due to sewer f and for 2-112 cent levy; ITEM ~~. M1NMC Facility Equalization Fee ITEM ~ 2. TOTAL ASSESSMENT per ordinance ITEM 13. City's share of cast for completed contract Work ACK (a} fib} interest on this assessment wii[ begin Direct Costs Eng. Fee ~c} ~d} $ 17,787.4$ $ 35$.45 $ 18 145.93 $ 3 810.64 ~ 90.30 $ 440.00 $ 23,343.87 Interest Total ~n~ /~~ Ta#al; Not subject to 5°/° Finance Fee $ $ $ $ *ceorder # ITEM ~ 4. Intersections --subject to 5°/° Finance Fee $ $ $ $ ITEM ~5. Deferred Assessments included in Item 12.4Eugene Cade 1.197'}. Advanced f rom Fund , AJE # ~ $ ITEM 1 fi. Costs not iienable included in Item 12 -funded by City accounts. Extraterritorial ACK: Vacant outside City limits ACK: Bankrupt accounts ACK: 4191 FDRM #1274 r~nmr~s AN~a REcoMMEN~ATIoNS SUBJECT: SArTITARY SEWER ON 4TH AVENUE FROM 285-FEET EAST OF LINCOLN STREET TO LINCOLN STREET. (CONTRACT 90-23) (JOB #2589) BACKGROUND This project was initiated by a petition from one of the three properties that will be assessed to facilitate development. The properties petitioning for the improvements will bear 21 percent of the improvement costs. The balance of the assessable area is for property previously connected to temporary private systems which have now been replaced by the public facility. The property has not been previously assessed. Based on the petition, the City Engineer Initiated the project, as provided for in the Eugene Code 7.16D~8} on March 13, 1990. The property owners were notified of the local improvement district hearing 10 days prior to the hearing. The local improvement district authorized by the City Council on July 23, 1990. The low bid was submitted by 7 & H Construction Company for an amount of $17,433.D0. The total assessable cost does not include a trunk levy, since this area was annexed before 1948. Section 7.175~Sd} of the Eugene Code specifically excludes this charge for this situation. PR07ECT The project includes 284~feet of sanitary sewer and one service line. ASSESSMENT Under City of Eugene assessment policy, 1D0 percent of cost is assessed to the abutting property owners. The costs to be assessed are shown below: Sanitary lateral $ 0.29/square foot Service line $ 795.39/each Costs listed below were the Engineer's estimate calculated from the low bid: Sanitary lateral Service line REC~MMENDATI~N $ .32/square foot $ 693.00/each The final costs are slightly lower than preliminary costs quoted at the award hearing and are _1_ comparable to typical projects of this size. ~ A hearing with a hearing official was scheduled for June 1 1,1991 and property owners did not request a hearing, 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, J,~,G~A- ~~., lack A. Billings Hearings Official ~.2_ FINAL ASSESSMENT ROLL not attached; it is on file and available by written request in the City Recorder's office.