HomeMy WebLinkAboutOrdinance No. 19803ORDINANCE NO. 1 ~ ~ D
AN ORDINANCE LEVYING ASSESSMENTS FAR
PAVING, STORM AND SANITARY SEWER AND TRAFFIC SIGNALS IN
WEST 11TH AVENUE FROM BAILEY HILL ROAD EAST 850-FEET AND
IN BAILEY HILL ROAD NORTH 400-FEET; AND DECLARING AN
EMERGENCY.
The City Council of the City of Eugene finds that:
on the 23rd day of January, 1989, as authorized in the Eugene
Code 7.1608} the City Engineer initiated the proposed local
improvement consisting of paving, storm and sanitary sewer and
traffic signals in West 11th Avenue from Bailey Hill Road east 850-
feet and in Bailey Hill Road north 400-feet.
After due notice and a public hearing thereon before the
hearing official, and no remonstrances having been filed, on the
12th day of June, 1989, 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
$264,104.04 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 16 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 7.17 and 7.175 of the
Eugene Cvde, 1971.
A natice containing the information required by Section 7.185
of the Eugene Code, 1971 has been posted on a bulletin board at
ORDINANCE -~ 2
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,
argument and complaints presented, and has fully considered the
same, and has reported his or her adopted findings to the City
Council.
The Council has reviewed and cansidered 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 of EUGENE DQES 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 Cade, 1971, attached hereto as Exhibit B and incor-
porated herein by reference, are hereby adapted.
Section 2. The actual cast of the local improvement compris-
ing of paving, storm and sanitary sewer and traffic signals in West
11th Avenue from Bailey Hill Road east 850-feet and in Bailey Hill
Road north 400-feet $264,104.04 of which $188,913.04 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-
ment district as set forth on the assessment roll attached as
aRDINANCE -~ 3
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 2.024.
4.2 I f the property owner so elects , in 12 0 monthly instal l -
ments, including principal and interest at the rate set by the City
Manager as provided in E.C. 2.022 through 2.D24 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 5. Upon enactment of this ordinance, the City Finance
Qf f icer shall send notice of the assessments by first class to the
owners of the assessed parcels containing the information required
by Section 7.194 of the Eugene Code, 1971, and enclose therewith
an application far 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 construc-
tion, engineering and related expenses or which are used to retire
any indebtedness incurred by the City for this improvement.
5ectian 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
readoption over a mayoral veto by two-thirds of all members of the
Council.
ORDINANCE .. 5
Passed by the City Council this Approved by the Mayor this
~''~ day of o~i~tF2 , 199 ~~' da of p~2~tn~ , 199
~- ~ ~ ,~
City Reco er -ayor
oRDINANCE - 6
EXH[Bi T ~~- ASSESSMENT wOHKSHEET °~a interest on this assessment
In the City a# Eugene, Lane Caunty, Oregon, an ordinance levying assessments for: will begin
PAVING, STORM AND SANITARY SEWER, AND TRAFFIC SIGNALS IN WEST 11TH AVENUE FROM
BAILEY HILL ROAD EAST 850-FEET AND IN BAILEY H ILL ROAD NORTH 400-FEET.
ITEM ~. Amount paid to Cantrac#or: Contract # 59-12 $ 152 110.1
Job ~ 2456
Cap Proj. # 995574
Ordinance #
ITEM 2. Liquidated damages: ~ ~ 980.00
ITEM 3. Other direct costs: Due back
*Ceordr # Date Descri tion to Fund:
est~n 351 $ 2 1 2.4
90-5551 10/24/89. EWEB 351 ~
90-11562 1089 . ROW Cit Phase II 351 ~ $ ~„
90-12771 11 07 89 Materi a~~s ~ 351 $
89-6947 ~ 51.15.189 S i g~na~ ~ $ _ _...~ ? , 45h _ nn
$~~ ~~9~ ~.___ _8/21189 $ _ a~n nn
ITEM 4. Subtotal: Items ~ through 3 ~ $ 186 , 607.30
ITEM 5. Basis for 5% Finance Administration fee calculation.
Subtotal -- Item ~: ~ $ 186 , 607.30
Total not subject to 5% Finance Fee ~I#em 13c} ~- $ 46 , 62 3 » 14
ITEM 5a. Finance casts subject to 5°/a fee: ~$ 39 , 984.16
ITEM fi. Engineering charge -- 2~ °lo of Item 4: ~ ~. $ 39 ,1$7.5 3
ITEM 7. 5°/a Finance Administrative fee ~5°la X Item 5a}: $ 6 , 999.21
ITEM 8. Interest anshort-term construction financing: ~ $ 12 , 533.00
ITEM 9. Other charges; °` ~^ ~ -~' ~' $
ASS T4 ~ I IY ._..._ - ~,~_,.,._~_,.~,.,. _,,,.. ~ . ~
~~ ~
ITEM ~ 0. Due to sewer fund for 2-~ 12 cent levy: ~ $
ITEM ~ ~. MWMG Facility Equalization Fee $
ITEM ~2. TOTAL ASSESSMENT per ordinance
ITEI~I ~3. City's share of cost for completed cantrac#
Ul~ark ACK
~a} fib}
Intersection 312-9332-61596-925234
Si nab 332-9332-61893-995574
ROW 332-9332-61893-995574
Warrant 332-9332-61893-995574
Total: Not subject to 5°/~ Finance Fee
~ceorder #
$ 264,104.04
Direct Costs Eng. Fee Interest Total
~c} ~d} fie} ~f }
$ 5,221.38 $,- 1,.096.49 $ - $
~---?~~32-x.76 $ ~ - ~
$ 18075.,00 $ $ $ 21,81[1.7.5_____
~ ~ ~ $
~ ~~ ~ ~
$ 46,623.14 $ 9,790,86 $ 18,177.00 .$ 75,191.00
ITEM 14. Intersections - subject to 5°/a Finance Fee $ $ $ $
ITEM ~5. Deferred Assessments included in Item ~2. Eugene Cade 7.91}.
Advanced from Fund , AJE #
ITEM 1fi.
Casts not lienable included in Item 12 - funded by Gity accounts.
Extraterritorial ACK:
Vacant outside City limits ACK:
Bankrupt accounts ACK:
4191 FORM #1274
EXIiIgIT 'igrr
FINDINGS AND RECON~VIENDATIONS
SUBJECT: PAVING, STORM AND SANITARY SEWERS, AND TRAFFIC SIGNALS
IN WEST 11TH A FROM BAILEY HILL ROAD EAST 850-FEET
AND IN BAILEY HILL ROAD NORTH 44[~FEET CONTRACT 89-12}
BACKGROUND
This project was initiated. by a pe~.~.on from the developer of the property on the .northeast
corner of Bailey Hill Road and West 11th Avenue. At the time of initiation it was determined
the owner would bear 92 percent of the paving improvement costs X73 percent of the total paving
and signal improvement costs, with the balance born by the City. Since complerion of the
project the developer has sold all property to five separate parties, who have been no~fied of
the pending assessment.
Based on the petition, the City Engineer initiated the project, as provided for in the Eugene Code
7.160~8~ on January 23, 1959. The property owners were notified of the pending local
improvement district hearing to days prior to the hearing. The focal improvement district was
authorized by the Council on June 12, 1989. The low bid was submitted by Wildish Corvallis
for an amount of $219,134.15.
PROJECT
The project includes widening Bailey Hill. Road 22-feet, widening West 11th Avenue a variable
amount from 0 to b-feet, constructing curbs, gutters, sidewalks, storm and sanitary sewer
services and traffic signals. The improvements where necessary to support new development.
Widening a major arterial such as West 11th Avenue or Bailey Hill. Road involves complex
construction to accommodate heavy traffic, and matching existing improvements.
ASSESSMENT
Under City of Eugene assessment policy, 72 percent of the improvement costs will be assessed
to the abutting property owners, with the balance born by the City. The costs to be assessed are
shown below:
Paving $ 96. oolfront foat
Storm service , $ 341.2511ump sum
S" sanitary service $1,111.931each
6" sanitary service $ 3,~159.961each
4" Concrete $ 2.411square foot
7" Concrete $ 3.661square foot
Traffic signal developer} $69,703.611each
_1_
Costs listed below are the Engineer's estimate and preliminary costs quoted to property owners
at the local. improvement hearing following bid opening.
Paving (variable width)
Storm service
8" sanitary service
6" sanitary service
Traffic signal (developer)
RECQ ATI~N
$ 94.441front foot
$ 2,216.4311ump sum
$ 3, 644.621each
$ 743.441each
$76, 564.5511ump sum
The final casts are similar to preliminary costs quoted at the local improvement hearing and are
comparable to typical projects of this size. Staff recommends approval of the assessment
distribution.
A hearing regarding the above assessment was scheduled for October 22, 1991 at 6:44 P.M, in
the First Floor Conference Room of City Fall II. No persons appeared in regard to that
hearing,
Based upon the information provided by the City Engineer, the Hearings flff~cial finds that the
assessments for this project have been calculated in accordance with Eugene Code. Therefore,
the Hearings Official recommends that the City Council adopt an ordinance assessing the
properties as set forth herein.
Respectfully submitted,
J~~-
Jack A. Billings
Hearings Official
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