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HomeMy WebLinkAboutOrdinance No. 19794ORDINANCE NO. I ~1 ~I AN oRDINANCE LEVYING ASSESSMENTS FoR PAVING, SANITARY AND STORM SEWERS oN GooDPASTURE LAKES Loop FROM 1100-FEET NORTH of GoaDPASTURE ISLAND ROAD T4 GOODPASTURE ISLAND ROAD; AND DECLARING AN EMERGENCY. The City Council of the City of Eugene finds that: on the 2 3rd day o f May , 19 9 0 , a s authorized in the Eugene Code 7.1~0~8~ the City Engineer initiated the proposed local improve- ment consisting of paving, sanitary and storm sewers on Goodpasture Lakes Loop from 1100-feet north of Goodpasture Island Road to Good-- pasture Island Road. After due notice and a public hearing thereon before the hearing official, and no remonstrances having been filed, on the 8th day of August, 1990, the City Council formed the local improve- went district and authorized construction of the local improve- went. The actual cast of the local improvement is ascertained to be $856,127.03 and the amounts to be assessed to and borne by the specially benefitted 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. ORDINANCE - 2 A native 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 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 Dfficer and the hearings offi- vial's findings and summary of the hearing, and based thereon, THE CITY OF EUGENE DOES ORDAIN AS FDLLC~WS: 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 of paving, sanitary and storm sewers on Goodpasture Lakes Loop from 1100-feet north of Goodpasture Island Road is $556,127.03 which is hereby assessed against the parcels of property hereina- fter 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- oRn=N~rtcE - 3 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 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 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 2.24. 4.2 If the property owner so elects, in l20 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; ORDINANCE - 4 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 the docket of City Liens. Section 6. 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 b Section 7.190 of the Eugene Cade, 1971, and enclose therewith Y an application for paying the assessment in installments according to the terms set forth in Section 4 of this ordinance. Seotion 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 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 readoptian over a mayoral veto by two-thirds of all members of the Council. oR~INANCE ~ 5 Passed by the City Council this day of A-~n.s-t 199_ City Re order Approved by the Mayor this ~~ y , 1 9~ ~' Mayor oRDrN~xcE - 6 ATTACI~~IENT Q - ASSESSMENY ~NDRKSHEET in the City of Eugene, [_ane County, Oregon, an ordiance ievying assessments #or: Paving, sanitary and storm sewers on Goodpasture Lakes Loop from 1100--feet north of Gaadpastures Island Road to Goodpasture Is1 and Road. 9024 ITEM ~. Amount paid to Contractor: Contract # Job # 2581 Cap Proj. # 905524 Ordinance # ITEM 2. Liquidated damages: ITEM 3. tither casts: Due back ~Ceordr # Date Descri Lion to Fund: _ oho 91-11095 X011219.0 Tree's ~ 351 91-2561 03 15 91 _ Testi nq PS 1-PTL _ 35~ ITEM 4. Subtotal: Items 1 through 3 ITEM 5. Basis far 5°/° Finance Administration fee calculation. Subtotal -Item 4: $ 573 565.54 Total not subject to 5°/a Finance Fee (Item 13c} ~- $ 7 3 7 2 5.7 6 ~ ITEM 5a. Finance costs subject to 5°/o fee: $ 499 839.78 ITEM 6. Engineering charge - 21 °/° of Item 4: ITEM 7. 5°/° Finance Administrative fee ~5°/° X Item 5a~: ITEM 8. Interest on short term construction #inancing: ITEM 9. Other charges: 8" E u~ vat ent + 2~ / PS F ITEM 10. Due to sewer #und for 2-112 cent levy: ITEM 11. MU~MC Facility Equilization Fee ITEM 12. ~T~TAL ASSESSMENT per ordinance interest on this assessment ~ 568803.34 ~ 150.00 $ _ 4,087..20-- $ $ $ 573,565.54 $ ~ 120,448.76 _ $ -~2~ R4 9.47 $ ~ 22,36s.oo $ 39 633.00 $ $ 33 875.53 $ 37 516.50 $ 856 259.80 ITEM 13. City's share of cost #or completed contract work ~ ACK Direc# Costs Eng. Fee Interest Total ~a~ ~b7 ~c~ ~d~ ~e~ ~#} Extra Sri dth 332-9332-fib 893w 905524 $ 56 225.71 . $ ~ ~ So7.41 $ 2 ~ 92.7Q $~ 70 225.88 San~tar 332-9332-fi~893-905524 $ fi 231.95 $_ ~ ,308.7 $ 243.D3 ~$ 7 78 fi Storm 3329332-61893-905524 $~li ,268. d4 $ 2 3fi6~.29 $ 439.43 $ ~4 073 76 $ $ $ ~ ~ ~ ~ ~ ~ Total: Not subject to 5% Finance Fee 1 $ 73 ,_725.76 .. $15 482.41 $ 2 875 . ~ 6 $ 92 083.33 *ceorder # Intersections 51 f ~ Hance $~ 32.71 $ $ $ $-~~~-~- ~g3 ITEM 14. deferred Assessments included in Item 12. Eugene Code 7.19. Advanced from Fund , AJE # ITEM 15. Gusts no# lienable included in Item 12 --funded by City accounts. Extraterritorial ACK: $ Vacant outside Gity limits ACK: ~ Bankrupt accavrits ACK: $ wife begin FINAL ASSESSMENT ROLL not attached; it is on ale and available by written request to the pity Recorder's off ce.