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HomeMy WebLinkAboutOrdinance No. 19816ORDINANCE NO. ~G/ g~ AN ORDINANCE LEVYING ASSESSMENTS FaR PAVING, CURB, GUTTERS, SIDEWALKS AND TRAFFIC SIGNAL oN HARLOW ROAD FROM GARDEN WAY To INTERSTATE 5 ; AND DECLAR- ING AN EMERGENCY. The City Council of the City of Eugene finds that; on the 11th day of June, 1990, as authorized in the Eugene Code 7.1645} the City Council initiated the proposed local improvement consisting of paving,-.curbs, gutters, sidewalks and traffic signal on'Harlow Road from Garden Way to Interstate 5. After due notice and a public. hearing thereon before the hearing official, and no remonstrances having been filed, on the 10th day of June, 1991, by Resolution No. 4251 the City Council formed the local improvement district and authorized construction of the local improvement. The final amounts to be assessed to and borne by the specially benefitted property has been determined to be $9,314.24 in accor- dance 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 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 ORDINANCE - 1 to the public hearing before the hearing official . At the time and place specified therein, a hearings official heard all evidence, argument and complaints, and 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 of EUGENE DOES DRDAI~N AS FQLLOWS: ; 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-~ posted herein by reference, are hereby adopted. Section 2. The actual cost of the local improvement compris- ing of curbs, gutters and sidewalks on Harlow Road from Garden way to Interstate 5 is $9,314.24 which 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 imprave- meat 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 QRDINANCE ~- 2 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 If the property owner so 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 fallowing: 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 from which interest accrues, and the date of entering the same in the docket of City Liens. ORDINANCE ~- 3 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 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 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 far 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 2.~day of,D.~ ~~, 199 G..,._ City Record Approved by the Mayor this ~~da of ~ , 199 Mayor oRDINANCE - 4 EXHIBIT Q ~- aSSESSIIEfENT'~~"~KSHEET °lo interest on this assessment In t;~e City o~ Eugene, Lane County, Orego, .~~ ordinance levying assessments for: begin TTERS SIDEWALKS AND~TRAFFIC SIGNAI.ON HARLOW ROAD FROM GARDEN WAY TO PAVING, CURB, GU , BEVERLY STREET ITEM 1. Amount aid to Contractor: Contract # - ~ ~ ~ '~ Job # _~,.- 5 7 -, _ Cap Proj. # Ordinance # ITEM 2. Liquidated damages: ~ ITEM 3. Other direct costs: Due back `Ceord r # Date Descri Lion to Fund: i E i $ t i i lateral sewer a uivalent of trunk sewer $ ~ $ 7,294.64 ITEM ~. Subtotal: Items 1 through 3 , ITEM 5. Basis far 5% Finance Administration fee calculation. E Subtotal--Item 4: $ 4 • ~~ 7 ~ ~ 9 Tota! not subject to 5°/o Finance Fee (item 13c} ~- $ > ITEM 5a. Finance costs subject to 5% fee: $ 7 29 ~ • 64 E ITEM fi. ° Engmeenng charge - 2i /° of Item 4: ~ ~. ~ $ ~ 531.87 E ITEM 7. 5% Finance Administrative fee (5°/° X Item 5a}: $ 64. 1TEM 8, interest anshort-term construction #inancing: $ ~Z3 ao ITEM 9, Other charges: $ . $ ITEM 10. Due to sewer fund for 2-112 cent levy: ~ $ i ITEM 11. MWMC Facility Equalization Fee $ ITEM 12. TOTAL ASSESSMENT per ordinance cons t rutted i n fund 312 $ 9 3 ~ ~+ ~ 2 4 ITEM 13. .. Guy's share of cast for completed contract Work ACK Direct Costs Eng. Fee Interest Total { (a~ (b~ (c~ (d} ~e~ (f ~ $ $ $ ~ $ $ $ $ $ $ $ $ ~ E 1 _ Total: Not subject to 5% Finance Fee $ $ $ ~$ *ceorder # ITEM 14. Intersections -- subject to 5°1° Finance Fee $ $ $ $ 3 ITEM 15. Deferred Assessments included in Item 12. (Eugene Code 7.19?}. Advanced from Fund , AJE # $ E~ i ITEM 1 fi. Costs not lienable included in Item 12 -funded by City accounts. Extraterritorial ACK: Vacant outside City limits ACK: Bankrupt accounts ACK: 4191 i~O~M x`1274 r EXHiBfT Mfg:; FINDINGS AND RECONIlyENDATIONS SUBJECT: PAVING, CURB, GUTTERSr SIDEWALKS AND TRAFFIC SIGNAL ON HARLOW ROAD FROM GARDEN WAY TO BEVERLY STREET CONTRACT #91-13~ BACKGROUND The Harlow Road improvement project from Garden Way to Beverly Street was identa.fied as a needed project in the City Council adopted FY '91 capital budget. The project includes a traffic signal at Garden Way along with bike, pedestrian and vehicular improvements to the ramp leading to the overpass at Interstate 5. Property owners were notified of the pending local improvement district hearing 10 days prior to the hearing. The Local Improve- ment District was formed by the City Council an June 10, 1991. The low bid was submitted by Wildish Paving Co. for an amount of $381,892.00. PROJECT The improvement includes the construction of a traffic signal at Garden Way, the widening and construction of curb, gutter and sidewalks on Harlow Road from Garden Way to Beverly Street in Springfield and the widening of the bridge over Interstate 5. The bridge widening will occur as a second phase in 1992 and has not been included in the scope of this project. ASSESSMENT Six properties that abut Harlow Road will be assessed a portion of the project cost. Two of the three properties on the north side currently take direct access off Harlow Road with the third being a Garner lot. On the south side, one is a corner lot and two take primary access off Panda Loop but abut Harlow Road. Based on the recommendations and findings of the hearings official and concur- rence by the City Council, Tax Lot 17-03-25--11-00102 will be assessed for a portion of its frontage, 70.67 feet. This reduction is due to the preclusion of access by the required safety guard rail. Each of the six properties will be assessed for curb/gutter and sidewalk and adjustment of existing driveways where appropriate. Under City of Eugene assessment policy, equitable proportions of the costs are assessed to the abutting property owners. The casts Y w. ~ . to be assessed are shown below: Wilbur M. & P,K. Becker $1,508.87 Ronald A. & Peggy A. Jones $1,508.70 Ronald M. & Sokolosky $1,608.06 Bruce W. & Ferol J. Cundiff $~,7~5.05 Richard I. & Carrie S, Axtell $1,777.33 Kim T. & Lynda D. Mulvey $1,196.23 Costs listed below are the Engineer's. estimate and preliminary costs quoted to property owners at the initial hearing following bid opening. Wilbur M. ~ P.K. Becker $2550 Ronald A. & Peggy A. Jones $2585 Ronald M. & D.A. Sokolosky $2755 Bruce W, & Ferol J. Cundiff $2940 Richard I. & Carrie S. Axtell $3045 Kim T. & Lynda D. Mulvey $3335 RECOMMENDATION Final casts are substantially lower to projects of similar size and to preliminary costs quoted before the opening of bids. Staff recommends appropriation of the assessment distribution. A public hearing regarding this assessment was scheduled for November 12 , 19 9 ~ at 6 : 0 0 p . m . , in the First Floor Conference Room of City Hall II, No persons indicated a desire to participate in such a hearing and it was cancelled. The Hearings official received a Memorandum from the City Engineer, outlining the above. Based upon the information available to the Hearings Official, it appears that this project was initiated, Constructed and assessed according to the Eugene City Code, Therefore, the Hearings ~3- Official recommends that the City Council adopt an ordinance assessing the properties as set forth herein. Respectfully submitted Jack A. 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