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HomeMy WebLinkAboutOrdinance No. 19832ORDINANCE NO. t~ g ~ a AN ORDINANCE LEVYING ASSESSMENTS FOR SANITARY SEWERS IN SHIRLEY STREET FROM IRVING ROAD NORTH APPROXIMATELY 850-FEET; AND DECLARING AN EMERGENCY. The City Council of the City of Eugene finds that: on the loth day of June, 1991, as authorized in the Eugene Code 7.160~8~ the City Engineer initiated the proposed local improvement consisting of sanitary sewers in Shirley Street from Irving Road north approximately 85n-feet. After due notice and a public hearing thereon before the hearing official, and no remonstrances having been filed, on the 5th day of August, 1991, the City Council formed the local improve- ment district and authorized construction of the local improve- ment. The actual cost of the local improvement including local and regional systems development charges ~SDC} is ascertained to be $114,31.93 and the amounts to be assessed to and borne by the specially benef fitted property and to be borne by the City yr 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 costs for extra capacity of the River Road and Santa Clara areas Sanitary Sewers were initially paid for by federal grant and the City. The extra capacity constructed in existing sanitary sewer interceptor lines in the River Road and Santa Clara areas was done with the intention and determination that the City's costs of that extra capacity benefitted the property tv be served by such SH~RLEY STREET ORDNANCE Page 1 interceptors and that the City's costs therefore would be equitably spread to all properties served within the River Road and Santa Clara areas. The $0.05 per square foot local SDC included in the billing equitably spreads such extra capacity costs to all the praperties in the River Road and Santa Clara areas. Without such extra capacity to receive sewage, the sanitary sewer laterals and service lines recently constructed could not function and would not immediately benefit the abutting properties. None of the revenue received from the $ 0.0 2 5 loca 1 SDC wi 11 be used for projects to be constructed outside the River Road and Santa Clara areas nor to reimburse the City for praj ects it has constructed for other areas . The affected property is also obligated under E.C. 7.705 to pay a development charge for regional sewerage facilities prior to connection to the sanitary sewer regional development charge. Such charges may be paid in installments on the same basis as local improvement assessments. As a convenience to the owners of the affected property and as a means of avoiding multiple billings of accounts receivable to each affected property owner the notice of assessment and the obligations created by this Ordinance shall also include the local and regional development charge. . 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 SHIRLEY STREET ORDINANCE Page 2 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 Officer and the hearings offi- cial's findings and sum~aary of the hearing, and based thereon, THE CITY of EUGENE DOES ORDAIN AS FoLL4WS: Section i. The Su~aamary of the hearing conducted by the hearings official are hereby made a part of the Councils record in these proceedings, and the hearings official's findings, including those regarding compliance with Sections 7.1~D to 7.19D of the Eugene Code, 1971, attached hereto as Exhibit B and incor- porated herein by reference, are hereby adopted. Section 2. The actual costs of the local improvement and SDC comprising of sanitary sewers in Shirley Street from Irving Road north approximately ~5D-feet are $114,231.93 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 improve- ment district as set forth on the assessment roll attached as SHIRLEY STREET ORDINANCE Page 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 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 parcels and lots herein assessed are. also obligated to pay a development charge for local and regional sewerage facilities under E.C. 7.705. If the local and regional development charge is unpaid at the time the notice required by Section 4 of this Ordinance is sent, the local and regional development charge shall be included in the notice and shall be a SHIRLEY STREET ORDINANCE Page 4 lien against the property to be paid along with the assessment as provided in this ordinance. Section 6. The City Recorder is directed to enter in the docket of City Liens a statement in connection with each unpaid assessment containing the following: 6.1 A description of each lot, part of lot or acreage specially benefitted by the local improvement; 6.2 The name of the owner or reputed owner thereof , that the name of the owner is unknown; and d.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 7. The assessments levied herein are characterized for purposes of the property tax limitation in section 11b, ,Art. xI of the Oregon Constitution as assessments far a local improve- ment not subject to the limitation of $10 per thousand of real market value. section 8. Upon enactment of this ordinance, the City Finance Officer shall send notice of the assessments and local and regional development charges by first class to the owners of the assessed parcels containing the information required by Section 7.190 of the Eugene Code, 1971, and enclose therewith an application far paying the assessment in installments according to the terms set forth in Section 4 of this ordinance. The notice required herein shall also declare the Council's characterization of each assessment as a local improvement assessment under section 11b, Art. XI of the SHIRLEY STREET ORDINANCE Page 5 Oregon Constitution and advise that such characterization ma y only be challenged by the petition of ten interested to a ers ` xp y filed pursuant to ORS 3p5,583 within 64 da s of • y the date of the notice sent. Such notice may also include information re ard' g ing programs that allow the deferral of payment of the assessments ' for qualified property owners. BeCtion 9. Any assessment or SUC remainin un ' g paid and for which no application for installment a ants p ym has been received may be foreclosed as provided by law. The roceeds p from the payment or foreclosure of assessments ~~ ~ levied b .- , _ this ~ '~ordin .. . Y ance shall be deposited to the city funds which advanced the Cost of ConStruC-~ tion, engineering and related erases or wh` • ~ ich are used to retire any indebtedness incurr~a b ~ ~ ~ .~~~ . y the City for this ~aprovement. action lo. -That .~.~~.` ... . -.. .. ...: ._, ..__ ._~..... • . . . -matters contained herein affect the public welfare and .safety ~ and therefore . an emergency is hereby declared to exist and this ~ ordinance, shall become effective immediately u on its ass ~ ~ ~ ~ • p p. .age by the City Council and approval b Y the Mayor, retention b y the Mayor for more than ten days, or readoption over a ~aa oral ve Y to by two-thirds of all members of the Council. ~~ .. ~ ... . P~l$Sed by th@ Cit Cvttncil ~ t . y hi$ aY of ~ .199 . ~ . . ~ ~ C.,,, . City Recor . SHIRIEY STREET ORDINANCE Approved by the Mayor this da of , 1992 ayor Page 6 . ~ exhibit R EXHIBIT A -ASSESSMENT WORKSHEET % interest an'this assessment In the Cily of Eugene, Lane County, Oregon, an ordinance levying assessments tor; will r begin { ()( S Sanitary Sewer -Shirley Street from S Irving Road Forth Approximately 850 feet. ~ ~.. ITEM 1. Amaunl paid to Contractor; Contract # 91-25 i $ _ 7D, 007, 30 ~, ,,,,, ~ dab # 216 ' _ Cap Arojr # 915955 Ordnance # . ITEM 2r Liquidated damages; $ ~0~ ITEM 3. Other direct casts; =~ Due back E 'Ceordr # Data Descri tion to Fund; 9 fJ 69 1 1 91 'Tes~ina 351 ..r ._, _ ~,. ~.______.. $ 466 OQ ..~ $ $ ' 8" a uivalent of trunk sewer r w ~ $ ITEM 4, Subtotal; Items ~ through 3 ~ $ 82 538.29 s ITEM 5. Basis far 6~ Finance Adminlstra~on tee calculation, Sublatas ~ Item 4; $ 82=538, 29 ~n~unr ^rrn n _ r .~.~.w.w Total not subject to b~ Finance Fee Item 13cj <• $ ,,,,10324.77 ~,,,~ > i E ITEM 5ar Finance costs subject to 6~ fee. $ _ 72 , 313 , 52 ITEM 6, Engineering charge: $ lfi 011, g2 ~8" equivalent portion is $ ~ 21°/° of 6" equivalent in Item 3y .. , Fund 532 . r ITEM 7, 6°/o Finance Administrative foe (fi°/° X Ilam~~a~; $ _,,,~~.~,~,~ ITEM 8, Interest an short•term construction financing; $ I ITEM 9, Other charges, ~ $ ' ~ ~ ITEM 10, Due to sewer fund for Local SDC; ~~'und 532 ~ $ . ITEM 11. MWMC Facility Equafizalion Fee $..,~,~` ~r~~.Q..,._ ~ , . . ITEM 12, TOTALASSESSMEN,T and,SDC per ordinance $ 114,231.93 ............._..,. ITEM 13, Clly's share of cost for completed contract ~;.;srt;sties.::->::.,~,~.,._..~~»•~...,,...... Worst ACK ~ Direct Costs , Eng, Fee ~a b ' Interest Total ~ ( ) c dy billed to Lane Count $ 10, ~~4.77 82.98 $ e~ 39 02 11 ~~1 77 . , , $ $ $ $ $ $ ~ ~ $ $ $ ;~ Intersections ~ $ $ Total; Nat subject to ~~ Finance Fee $ 10 324: T 7 $ E $ $ . $ $. 11 541 7 'ceardr # r~•r~r~. ~r~ $ $ . T . ' ITEM 14, Deferred Assessments Included in Item 12. Eugene Code 7,197, t Advanced from Fund ; A,lE # $ ~ ~ '~. ITEM 15. Costs not Venable Included In Item 12 ~ funded b CItY accaune Y t~l, ~ 3 ~. Extraterritorial ~ ACK; Vacant outside City limits ACK. ., Bankrupt accounts ' ACK; ~. NoT~S: Short term fi nand n out a~' Fund 216, d R 'r Reimburse b lane oun ngineer~ng ee . ~m~ ar.. road re a~ r f ff r . RRlSC ~ tiD created prior to 111191 .. . 10191 FORM ~1Z14c EXHIBIT "B" FIlV~DINGS AND RECQ ATIDNS SUBJECT: S Y SEWER GN SAY STREET FROM IR'VING 1~5~ ~ NC]R'I'H JaB 2761, CaNTRACT 91-25, LEVYING 4F FINAL ASSESS- BACKGRGUND Dn June 14, 1991, the City Engineer initiated the Shirley Street project. The initiation was in response to a request from the developer of recently annexed property at the north end of Shirley Street Estates North) and a poll of the owners of property along Shirley Street indicating their desire to see construction of the project in advance of the CIP scheduled time for servicing the area. North estates was originally scheduled to be served from the north, but the extension to this area is several years away. Providing sewer from Shirley Street for Estates North required the design to be at a greater depth than would have otherwise been required. Gn July 2,1991, the construction project was advertised in the legal section of the Register-Guard and in the Daily Journal of Com- merce per Section 7.165 Eugene Code 1971) SEC). A hearing regarding the formation of the Local Improvement District SLID) was held July 22, 1991. The Council approved the formation of the LID on August 5, 1991 and the work was completed in September 1991. Property owners who will bear the cost of this improvement and the existing improve- ment within Irving Drive were notified of the July 22nd hearing and of the Council session to establish the LID. This notice was published in the Register-Guard on July 2 and was mailed on June 28, 1991, well in advance of the minimum 1~-days stipulated in the Cade. Notices of Proposed assessments were mailed in accordance with EC 7.185. Since the initiation the developer has completed the final platting of Phase I of Estates North. The Developer is anticipating construction this winterlspring. The Notice of Proposed Assessment was sent as for the one large parcel, not reflecting the plat. ASSESSMEIV'I'S In January 1991 the City Council adopted the Metropolitan Waste Management Commis- sion ~MwMC) charge. This regional Systems Development Charge SDC) is based on the amount of water used per month, the number of fixtures per dwelling or a single family residential fee of $222.4 per single family dwelling. 'This fee will be included in the billings to developed properties in this LID. The local SDC will also be included in the billings for the assessments, The Estates North development wi11 pay the regional SDC as each parcel within the subdivision develops. _1.. The source of funding far this project is from assessments of the benefltting properties. In accordance with EC 7.175(2}fib}Sc, the costs for the project will be apportioned on a per square foot basis for the lateral sewer, and on a per each basis for the connection points. In accordance with EC 7.7201}~c} the $0.025 per square foot for the local SDC and the regional SDC charge will be included in the billings. The project includes a street trench patch repair component, normally part of the sanitary lateral costs for projects within the City. an May 16,1990, Lane County Commissioners agreed to pay the cast of street repair in the River Road area south of Beltline for street repair. In Dctober 1991, Lane County Commissioners agreed to bear the paving costs on Shirley Street. Staff of bane County and the City are working on an intergovernmental agreement whereby bane County will pay the street repair component for Shirley Street. The Commissioners have not indicated whether these costs will be borne by Lane County far all work north of the Beltline in Santa Clara. ASSESSMENT CASTS Costs listed below are based an the actual cost for the Shirley Street construction. These costs include an eight-inch equivalent charge for the portion of the Irving Road System adjacent to Shirley Street, In 1985 the Irving Road sanitary system was built to serve annexed proper-ties along Irving. At that time it was identified that all properties along Irving would share in the casts of constructing that sewer. The eight-inch equivalent costs for the Irving system are based on the bid prices received for Shirley Street. The final assessment costs reflect the actual construction costs, a portion of the costs of the Irving Road system, costs for Engineering services, 6 percent administration charges, and short-term financing costs. The lateral price also reflects the developer being assessed directly for a portion of the extra depth of the sewer line in the amount of $17,050 in addition to the lateral casts to Estates North, The additional developer contribution was established during the formation of the LID. Previous to the construction the costs were estimated as follows: Total Assessable Cost: $14 Total Assessable Area: Lateral Cost: $ 0.378 Service Cost: $1048.29 Local SDC: $ 0.025 MWMC: $ 222.00 3,714.85 239,255 square feet per square foot of 160' area* each per square foot of total lot per single family dwelling * *Note -the lateral cost includes trench patch casts. Based on bid casts, the road repair cost was estimated to be approximately $ 0.0533 per wG- square foot. The proposed final costs are as follows: Total Assessable Cost: $ 97,532.39 Total Assessable Area: 239,255 square feet Lateral Cost: $ 0.2793 per square foot of 160' area Service Cost; $ 524.25 each Local SDC: $ 0.025 per square foot of total lot MWMC: $ 222,00 per single family dwelling Extra Depth Developer Cost $17,054.00 direct cost All properties within the district will be eligible for ten year assessment i"inancing. Low- income deferral programs are also available for those property owners who qualify. qualification will be determined at the time of final assessment. STAFF RECQMMENDATI~N Engineering staff have determined the proposed assessment following the Eugene Code, policies and practices. Staff recommends the road repair costs be billed to Lane County and not be assessed to property owners per the intergovernmental agreement. Staff recommends the account for Estates North be separated into multiple accounts, with appropriate legal descriptions to reflect the new plat. Staff recommends adoption of the ordinance levying the proposed assessments. FwD~N~S AND RECa~NDAT~oN A public hearing regarding the assessments for this project was scheduled for February 11,1992, at 6:30 p.m., in the City Council Chambers. However, no persons indicated a desire to attend the hearing and it was canceled. The Hearings official received a Memorandum from the City Engineer outlining the above information. Therefore, based upon the information provided, the Hearings official finds that the City Engineer has correctly determined the assessable area and assessable cast for this project, in accordance with the Eugene Code. The Hearings official Recommends that the City Council adopt an ordinance assessing the property owners as set forth herein. .~ Jack A. Billings Hearings official -3- ~~HIf~TT ~`('~t February 12, 1992 To: City Council M E M O R A N D U M FROM; Les Lyle, City Engineer SUBJECT: SANITARY SEWER 4N SHIRLEY STREET FROM IRVING 850 FEET NORTH JoB 2761, CONTRACT 91-25, LEVYING of FINAL ASSESSMENTS BACKGROUND On June 14, 1991, the City Engineer initiated the Shirley Street project. The initiation was in response to a request from the developer of recently annexed property at the north end of Shirley Street Estates North} and a poll of the owners of property along Shirley Street indicating their desire to see construction of_ the project in advance of the CIP scheduled time for servicing the area. North estates was originally scheduled to be served from the north, but the extensionto this area is several years away. Providing sewer from Shirley Street for Estates North required the design to. be at a greater depth than would have otherwise been required. Cn July 2, 1991, the construction project was advertised in the legal section of the Register-Guard and in the Daily Journal of Commerce per Section-7.1b5 Eugene Code 1971} SEC}. A hearing regarding the formation of the Local Impravment District~~LID} was held July 22, 1991. The Council approved the formation of the LID on August 5, 1991 and the work was completed in September 1991. Property owners who will bear the cost of this improvement and the existing improvement within Irving Drive were notified of the July 22nd hearing and of the Council session tv establish the LID. This notice was published in the Register-Guard on July 2 and was mailed on June 28, 1991; well in advance of the minimum l0-days stipulated in the Code. Notice of Proposed assessments were mailed in accordance with EC 7.185. Since the initiation the developer has completed the final platting of Phase I of Estates North. The Developer is anticipating construction this winter/spring. The Notice of Proposed was sent as for the one large parcel, not reflecting the plat. ASSESSMENTS In January 1991 the City Management Commission ~MWMC} Charge ~ SDC} is based on the of fixtures per dwelling or per single family dwelling. to developed properties in Council adopted the Metropolitan Waste charge. This regional Systems Development amount of water used per month, the number a single family residential fee of $222.00 This fee will be included in the billings this LID, The local SDC will also be ENGINEER'S REPORT - SHIRLEY STREET February 12, 1991 Page 2 included in the billings far the assessments, The Estates North development will pay the regional SDC as each parcel within the subdivision develops. The source of funding for this project is from assessments of the benef fitting properties. Per EC 7.175 ~ 2 } fib} 5c, the costs for the project will be apportioned on a per square foot basis far the lateral sewer, and an a per each basis far the connection points. In accord- ance with EC 7.7 2 0 ~ 1 } ~ c } the $ 0.0 2 5 per square. f oat for the loco 1 SDC and the regional SDC charge will be included in the billings. - The project includes a street trench patch repair component, normally part of the sanitary lateral casts for projects within the City. 4n May 16, 1990, Lane County Commissioners agreed to pay the cost of street repair in the River Road area south of Beltlin~~fo.r street repair. In October 1991, Lane County Commissioners agreed to bear the paving costs on Shirley Street. Staff of Lane County and the City are working on an intergovermental agreement where by Lane County will pay the street repair component far Shirley Street. The Commissioners have not indicated whether these costs will be borne by Lane County far all work north of the Beltline in Santa Clara. ASSESSMENT CASTS Costs listed below are based on the actual cast for the Shirley Street construction. These costs include an eight-inch equivalent charge for the portion of the Irving Road System adjacent to Shirley ..street. In 1985 the Irving Road sanitary system was built to serve annexed proper- ties along Irving. At that time it was identified that all properties along Irving would share in the costs of constructing that sewer. The eight--inch equivalent costs for the Irving system are based on the bid prices received for Shirley Street. The final assessment costs reflect the actual construction costs, a portion of the costs of the Irving Road system, costs for Engineering services, 6 percent administration charges, and short-term financing costs. The lateral price also reflects the developer being assessed directly for a portion of the extra depth of the sewer line in the amount of $17,050 in addition to the lateral costs to Estates North. The additional developer contribution was established during the formation of the LID. Previous to the construction the costs were estimated as follows: Total Assessable Cast: $ 143,714.85 Total Assessable Area: 239,255 square feet Lateral Cost: $ 0.378 per square foot of 160' area** ENGINEER'S REPaRT - SHIRLEY STREET February 12, 1991 Page 3 Service Cost: $ 1048.29 Local SDC: $ 0.025 MWMC: $ 222.00 each per square foot of total lot per single family dwelling **Note ~- the lateral cast includes trench patch costs. Based on bid costs, the raad repair cost was estimated to be ap- proximately $ 0.0533 per square foot. The proposed final costs are as follows: Total Assessable Cost: $ 97,832.39 Total Assessable Area: 239,255 square feet Lateral Cost: $ 0.2793 Service Cost: $ 824.25 Local SDC: $ 0.025 MWMC: $ 222.00 Extra Depth Developer Cost$17,050.00 per square foot of l 6 0' area each . - ~ . . per square foot of total lot per single family dwelling direct cast All properties within the district will be eligible for ten year assessment financing. Low-income deferral programs are also available for those property owners: who qualify. Qualif icatian will be deter-~ mined at the time of final assessment. STAFF RECOMMENDATION Engineering staff have determined the proposed assessment following the Eugene Cade, policies and practicies. Staff recommends the road repair costs be billed to Lane County and nat be assessed to property owners per the intergovernmental agreement. Staff recommends the account for Estates North be separated into multiple accounts, with appropriate legal descriptions to to reflect the new plat. Staff recommends adoption of the ordinance levying the proposed assessments. FINAL ASSESSMENT RILL not attached; it is on file and available b written re uest Y q to the City Recorder s Cff~ce.