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HomeMy WebLinkAboutOrdinance No. 19805oRDINANCE NG . ~ `~ AN ORDINANCE LEVYING ASSESSMENTS FOR PAVING, STORM AND STREET LIGHTING oN TERRY STREET FR~M WEST 11TH AVENUE To 1500~FEET NORTH; AND DECLARING AN EMERGENCY. The City Council of the City of Eugene finds that: On the 11th day of September, 1990, as authorized in the Eugene Code 7.160~5~ by Resolution No. 4138 the City Council initiated the proposed local improvement consisting of paving, storm and street lighting on Terry Street from West 11th Avenue to 1500-feet north. ~ . 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, by Resolution No. 4203 the City Council formed the local improvement district and authorized construction of the local improvement. The actual cost of the local improvement is ascertained to be $519,894.53 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 7.170 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 pasted on a bulletin board at ORDINANCE - 2 Cit Hall and iven by certified mail to the owners of the parcels Y g .:M~, .~ ' e assessment more than ten days prior f' of real property subs ect to th to the ubl is hearin before the hearing official . At the time and p g lace s ecif ied therein, a hearings official heard all evidence, p p ar ument and complaints, and has fully considered the same, and has g re orted his or her adopted findings to the City Council. p The Council has reviewed and considered the assessment report of the Cit En ineer and Finance officer and the hearings offi- Y g cial's findings and summary of the hearing, and based thereon, THE CITY qF EUGENE D4E5 oRDAIN A3 FgLLaWS: Section 1. The Summary of the hearing conducted by the hearin s official are hereby made a part of the Council's record g in these roceedings, and the hearings official's findings, p including those regarding compliance with Sections 7.160 to 7.190 of the Eu ene Code, 1971, attached hereto as Exhibit B and incor- g porated herein by reference, are hereby adopted. section 2, The actual cost of the local improvement compris-- in of avin , storm and street lighting on Terry Street from West g p g 11th Avenue to 1500-feet north is $519,894.53 of which $165,437.53 is hereb assessed against the parcels of property hereinafter Y . described in the amounts set opposite, respectively. Section 3, The City Council does hereby determine and assess each lot and art of lot being within the described local improve- p 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 hereinabvve described is specially benefitted to the extent of the assessment set forth. The Finance d ficer 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 Tats 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 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.l 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 ORDINANCE ~ 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 7.19 4 o f the Eugene Code , 19 71 ~ 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 cost of construe-~ tion, engineering and related expenses or which are used to retire an indebtedness incurred by the City for this improvement. Y 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 ~ 199 ~ City Recorder Approved by the Mayor this ~-i~~-da of V~4.~nw- , 199 i 2-- ~ Mayor oRDINANCE - 5 FIl~DINGS AND REco ATIoNS SUBJECT: PAVING, STORM SEWER AND STREET LIGSTING ON TERRY STREET FROM WEST 11TH AVENUE To 1504-FEET ~CONT'RACT 94~-Z6~ BACKGROUND This im rovement was iniriated by the City Council on September 11,1959, by Resolution 4135, p .. authorizin staff to proceed with design and b~ddu~g of the project, under prov~s~ons of Eugene g • Code ?.1607}. The project was authon~ed for funding by a combu~atron of assessments against the abuttin ro rty owners and funds from the Special Public Works Fund, administered by g p Pe the state of Care on, Economic Development Department. These Lottery Grant funds will be g used to reduce the assessments to property owners by 50 percent. The ro owners were notified of the pending local improvement district hearing 10 days P l~rty rior to the hearin . The local. improvement district was authorized by the City Council on P g Au ust S 1990. The bid was submitted by Wildish Corvallis Construction Co. in the amount g of $37,497.47. PROJECT The ro' ect consisted of 15o0-feet of street and included sidewalks on .one side, storm drainage, PJ street lights and improvements to West 11th Avenue. ASSESSMENT Under Ci of Eu ene assessment licy, 34 percent of the improvement cost will be assessed tY g po to the abuttin ra owners following deducrion of the lottery grant proceeds. Pnor to g P Pe~Y deduction of the rant funds the costs to be assessed per code .guidelines are shown below: g paying $113.lolfront foot Sidewalk $ 1.781square foot Driveway $ 3.971square foot All of the above costs will be reduced by 50 percent with funds from the Economic Development Grant. Costs listed below are the Engineer's estimate calculated from the low bid. pang $ 86.531front foot Sidewalk $ 2.4~Isquare foot Driveway $ 3.561square foot -1- M E M 4 R A N D a M October 21, 1991 To: Hearings official FROM: Les Lyle, City Engineer SOBJECT: PAVING STORM SEWER AND STREET LIGHTING DN TERRY STREET FROM WEST 11TH AVENnE T4 150Q~FEET CONTRACT 90-2~~ BACKGRgUND This improvement was initiated by the City Council on September ll, 1989, by Resolution 4138, authorizing staff to proceed with design and bidding of the project, under provisions of Eugene Code 7.1d~ ~7~ . The project was authorized far funding by a combination of assessments against the abutting property owners and funds from the Special Public Works Fund, administered by the state of Oregon, Economic Development Department. These Lottery Grant funds will be used to reduce the assessments to property owners by 50 percent. The property owners were notified of the pending local improvement district hearing l0 days prior to the hearing. The local improve- ment district was authorized by the City Council on August S, 1994. The bid was submitted by Wildish Corvallis Construction Co. in the amount of $327,497.47. PROJECT The project consisted of 15o4-feet of street and included sidewalks on one side, storm drainage, street lights and improvements to West 11th Avenue. ASSESSMENT Under City of Eugene assessment policy 34 percent of the improve- ment cost will be assessed to the abutting property owners following deduction of the lottery grant proceeds. Prior to deduction of the grant funds the casts to be assessed per code guidelines are shown below: Paving $ 113.10/front foot Sidewalk $ 1.78/square foot Driveway $ 3.97/square foot EXH~B~T Q -~- ~4SSESSMENT ~N~RKSHEET~ °Io interest on this assessment in the City of Eugene, Lane County, Oregon, an ordinance levying assessments for. will begin PAII{NG, STORM AND STREET LIGHTING Old TERRY STREET FROM WEST itTH AVENUE TO 15Q0--FEET NQRTH. ntract # 9 C t 0-26 $ 405. 177_ l~ - tM ~. o or: _ Amount paid to Contrac - Jab # R 2256 Gap Proj. # ~ .17~ti4 Ordinance # ITEM 2 d d id t Li $ _0_ . amages: qu a e ITEM 3. ether direct costs: Due back ~Ceordr # Date Descri Lion to Fund: go-33 73 25 9g~ Material testin PSI/PTL 51 $ 260.10 91-20547 1/24/91 Material testin PSi/PTL 51 $ 2 024. . $ lateral sewer a uivalent a# trunk sewer $ ITEM 4 u h 3 i th S t bt l It 407 - $ ~ t ~ ~ 1-~ - . g ro u o a ems : -~ ITEM 5. Basis for 5°/° Finance Administration fee calculat ion. - Subtotal -item 4: $ 4 Tota! not subject to 5°/° Finance Fee Item 13c~ ~- $ 151 s 856.2 ~ 1TEM 5a. Finance costs sub#ect to 5% fee; 55 555. 5 $ . ~ ._._ .: ITEM fi of Item ~: ~ e - 21 °/ E i i h 8 ~ _ $ S 5 ~ ~ 5 .._ . ° arg ng neer ng c _ t TEM 7. inistrative fee 5°/° X Item 5a : 5I° Finance Adm ~ } $ 12 , 717 • Sa ------T tTEM 8. ' cin : interest on short-term construction f ~nan g ~ ~ $ 14 ,148.00 STEM 9. 4iher charges: ~ ~ ITEM ~ U : nd #or 2-t l2 cent lev f D t $ . y ue u v sewer ITEM ~[~ ualization Fee MVIIMC F ilit E $ . ac y q ITEM ~2 TOTAL ASSESSMENT er ordinance P $ ~ 519 894.5 3 . ITEM ~3, City's share of cost for completed contract Work ACK Direct Costs Eng. Fee Interest Total ~a~ ~~ ~c~ ~d~ tee ~#~ .. $~ $~ $ $ 2-- 2=618 - 404 $_45.~~~.95 $ 6 $ ~ i 1 lumination ~ 2- 2-618 ~- 4a4 $~~~452.4~ $ $ $ -- W 11th I nt rsctn 2- 2--61$ 6~ 404 $ 6 82.0 '$ 1 40.2 $ 221 ~ $ ArrowSmi th ~' Tota133Rlv~~tb~`6fi~~~ee $ ,'430. ~~ $ 1 $4. 8 $ 2 4 ~ $ 'ceorder# ~ TaTAL: 151, 856.24 31,88q. sa 5,273.43 189,019.47 State Grant: 1b5,437.53 ITEM 14 ubject to 5% Finance Fee i -- ti t $ $ $ $ . n ersec ons s 'TEM 15. Deferred Assessments included in item ~2. Eugene Code 7.91}. advanced from Fund , AJE # ITEM ~ fi. Costs not lienable included in Item 12 - f unded by City accounts. 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