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Home My WebLink AboutOrdinance No. 19804ORDINANCE NO. ~ 4 O AN aRDINANCE LEVYING ASSESSMENTS FDR ALLEY PAVING BETWEEN OLIVE STREET AND CHARNELTON STREET, FROM 14TH AVENUE To 15TH AVENUE; AND DECLARING AN EMERGENCY. ~CaNTRACT 90-33~ The City Council of the City of Eugene finds that: on the 14th day of May, 1990, as authorized in the Eugene Code 7.1G0 8} the City Engineer initiated the proposed local improvement consisting of alley paving between olive Street and Charnelton Street, from 14th Avenue to 15th Avenue. After due notice and a public hearing thereon before the hearin official, and no remonstrances having been filed, on the g 24th day of September, 1990, the City Council formed the local im rovement district and authorized construction of the local im~- p provement. The actual cost of the local improvement is ascertained to be $43,499.98 and the amounts to be assessed to and borne by the s ecial ly benef fitted property and to be borne by the City or others p has been determined in accordance with applicable provisions of the Eugene Code, 1971 and as set forth in Items 1 to ld 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 Cade, 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 - a 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 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 offi- cial's findings and summary of the hearing, and based thereon, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Sectian 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 7.140 to 7.190 of the Eugene Cade, 1971, attached hereto as Exhibit B and incor- porated herein by reference, are hereby adapted. Sectian 2. The actual cost of the local improvement compris-~ ing of alley paving between Olive Street and Charnelton Street, from 14th Avenue to l5th Avenue is $43,499.98 of which $32,103.45 is hereby assessed against the parcels of property hereinafter described in the amounts set opposite, respectively. Sectian 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 Exhibit C hereto and incorporated herein by reference. ORDINANCE - 3 Section 4. The City Council does hereby determine that each parcel of land or lot hereinabove described is specially benefitted to the extent of the assessment set forth. The ~`inance Officer shall ive notice of the assessments to the owners of the assessed g 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 yr 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 120 monthly install- ments includin principal and interest at the rate set by the City r g 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 fallowing: 5.1 Acd~ption 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 oRDINANCE - 4 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 officer 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 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 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 readoption over a mayoral veto by two-thirds of all members of the Council. Passed by the City Council this day of /~Jo~Q , 199 City Re rder Approved by the Mayor this ~~'' day of t~~Kaw , 199 ~ Mayor oRDINANCE -~ 5 w NT V1~ORKSH~ET °/° interest on this~assessment EXHEB~Y A ~ AS~~SSM~ one Count , Oregon, an ordinance levying assessments for; wil[ begin [n the City of Eugene, L Y I G BETWEEN OLIVE STREET AND CHARNELTON 5TREET, FROM 14TH AVENUE To 15TH AVENUE. ALLEY PAV N 94-33 ITEM 1. Amount paid to Contractor: Cantrac~ # Jab # 2614 Cap Proj. # 945514 Ordinance # ITEM 2. Liquidated damages: ITEM 3. Other direct costs: Due back *Ceordr # Date Descri Lion to Fund: 91-18g1 est~ n - _ ..,~.._ lateral sewer a uivalent of trunk sewer ITEM 4. Subtotal: Items 1 through 3 ITEM 5. Basis for 5% Finance Administration fee calculation Subtotal--Item 4: . Total not subject to 5°/o Finance Fee (1#em 13c} ITEM 5a. Finance casts subject to 5°/° fee: ITEM fi. Engineering charge -- 21°/a of Item 4: ETEM 7. 5°l° Finance Administrative fee (5°I° X Item 5a}: $ 34 330.98 ~_~ 9 261.22 ~ $ 25 069.76 STEM 8. Interest anshort-term construction financing: ITEM g. ether charges: . ETEM 10. Due to sewer fund for 2-112 cent levy: 1TEM 11. MWMC Facility Equalization Fee ITEM i2. TOTAL ASSESSMENT per ordinance `~ 34 003.. `~8 ~ -ow ~ 327.40 ~ 34,330.98 ~ 7 2a9.51 ~ 1,253 49 ~ 706.00 ~ __ 43,499.98 ITEM 13. City's share of cost for completed contract Direct Costs Eng. Fee Interest ~~ Total Vl~ork - ACK ~} ~c~ ~d} te} (f } . ~a} te loth St f $ $ $ . concre Pavin - re ~acement o ~. - 14 332-9332 61893 9055 ~ 8 $ 472.97 ~R 1 779.33 $ 174.4 5 ~ 10 426. ~ ~ $.~ $ ~ ~ ~ ~ ect~ ons Inters - 34 332-9332 61896-9252 ~ ~ 7SS,25 ~~ l65 53 ~ 16.21 ~ 969 99 _ 22 9 261 $ l 94 $ 190.45 . $ 11 396.53 ub'ect to 5°I° Finance Fee Total. Not s ~ . ~ $ _ *ceorder # ETEM 14. Intersections - subject to 5% Finance Fee $ $ ~ $ ITEM 15. Deferred Assessments included in Item 12. (Eugene Code 7.191}. advanced from Fund , AaE # ETEM 1fi. Costs not lienable included in Item 12 -funded by City accounts. Extraterritorial ACK: ~lacant outside City limits ACK: Bankrupt accounts ACK: ~l91 ~O~M ~t 2l4 EXH t B !'T ir'B". Fn~I]INGS AND RECD ATIQNS SUBJECT: ALLEY PAVING BETWEEN OLIVE STREET AND CAARNELTON STREET, FROM 14TI3 AVENUE TO 15TH A`'~NUE (CONTRACT 90-~'3) BACKGRQUND This project was first initiated by a property owner petition signed by a single owner, Oscar Krumdieck, who will bear 56.3 percent of the total assessable amount. Based on the petition, the City Engineer initiated the prof ect, as provided for in the Eugene Code 7.160$} on May 14, 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 Council on September 24, 1990. The low bid was submitted by w~ldish Corvallis for an amount of $32,447.00. The preliminary total estimated cost was $48,013.1$. The final total costs are $43,539.39 of which $32,103.45 will be assessed to abutting property owners. PROJECT The project includes 258 lineal feet of 12-foot wide concrete alley, including associated drainage facilities and street repair. ASSESSMENT Under City of Eugene assessment policy, 73.7 percent of cost will be assessed to the abutting property owners, with the balance born by the City. The costs to be assessed are shown below: 12-foot alley $ 4.77 per weighted front foot 12-foot alley $ 0.043 per weighted square foot Costs listed below are the Engineer's es~.mate and preliminary costs quoted to property owners at the local improvement hearing following bid opening. 12-foot alley $ 5.46 per weighted front foot 12-foot alley $ 0.05 per weighted square foot RECD ATI(lN The final costs are lower than preliminary costs quoted at the local Improvement hearing and are comparable to typical projects of this size. Staff recommends approval of the assessment distribution. -1- A hearing regarding the above assessment was scheduled for October 22, X991 at 6:04 P.M. in the First Floor Conference Room of City Hall ~I. No persons appeared in regard to that hearing. Based upon the information provided by the City Engineer, the Hearings Official 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. 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