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HomeMy WebLinkAboutOrdinance No. 19849ORDINANCE NO. C~1~~~ AN ORDINANCE LEVYING AssESSMENTS FaR . STORM SE1~ER SOUTH aF BARGER DRIVE ~ EAST OF TERRY STREET ~ ALONG NORTH BOUNDARY aF WOODLAND HILLS MOBILE HOME PARR, PHASE II; AND DECLARING AN EMERGENCY. ~CaNTRACT 91-15y _ The City Council of the City of Eugene finds that: on the 22nd day of October, 1990, as authorized in the Eugene Code 7.160~8~ the City Engineer initiated the proposed local improvement consisting of storm sewer south of Barger~Drive, east of Terry Street, along north boundary of Woodland Hills Mobile Home Park, Phase II. After due notice and a public hearing thereon before the hearing official, and no remonstrances having been filed, on the 24th day of June, 1991, the City Council formed the local improve- went district and authorized construction of the local improve- went. The actual cost of the local improvement is ascertained to be $50,831.02 and the amounts to be assessed to and borne by the specially benef fitted property and to be borne by the City ar others has been determined in accordance with applicable provisions of the Eugene Code, 1971 and as set forth in Items l to 15 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 7.155 of the Eugene Code, .1971 has been posted on a bulletin board at ORDINANCE - a 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 affi~- vial's findings and summary of the hearing, and based thereon, THE CITY of EUGENE DOES ORDAIN AS FOLLOWS: Section i. 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, 191, attached hereto as Exhibit B and incor- porated herein by reference, are hereby adopted. Section z. The actual cost of the local improvement compris- ing of storm sewer south of Barger Drive, east of Terry Street, along north boundary of Woodland Hills Mobile Home Park, Phase II $54,831.42 of which $23,984.56 is hereby assessed against the par- cels 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- went district as set forth on the assessment roll attached as oRDiN~rrcE - 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~- meets, 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: 5.1 ~cd~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 ORDINANCE - 4 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 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 contaa,ning the information required by Section 7.190 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 ?. The assessments levied herein are characterized for purposes of the property tax limitation in Section 11b, Art. XI of the Oregon Constitution as assessments for a local improve went not subject to the limitation of $l0 per thousand of real market value. Section 8. 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 9. 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 ORDINANCE - 5 the Mayor, retention by the Mayor for more than ten days, or readoption over a mayoral veto by t~o~-thirds of all members of the Council. Passed by the City Council this day of , 199 Gam. City Reco der Approved by the Mayor this 1 ~ day of , 199 A? l~ / ,r Mayor oRDINANC~ ~- 6 r~ ~--~. i ~.... .., EKH~B~T A --ASSESSMENT 1N~~KSHEET °/° interest an this assessment In the Clty of Eugene, Lane County, Dregan, an ordinance levying assessments far; will begin STORM SEWER''SOUTH OF BARGER DRIVE, EAST OF TERRY STREET, ALONG FORTH BOUNDARY OF 4~OODLAND HILLS MOBI[.E NOME PARK, PHASE II. a ITEM ~1. Amaunt paid to Cantractar: Contract # - ~ $ ~0 215 , O0 Job # ._ ~ ~$~, ~ .,~,...... ~....~ Cap Pro]. # Crdinance # ITEM 2, Liquidated damages: $ ITEM 3. Qther direct casts; Dua back ~ i . *Ceordr # Date Descri tian to Fund: ~ . .. - $ ~ $ . ~ .. ~ 8" a uivalent of trunk sewer $ '~ ITEM ~. Subtotal; hems 1 thraugh 3 $ __... ~0, 215.00 ITEM 5. Basis for fi°/° Finance Administration fee calculatian. Subtotal -Item 4; $ 40 215.00 . I Total not subject to 6°l° Finance Fee ~ftem 13c} <- $ 21 713. T9 > ITEM 5a. Finance costs subject to 5°/° fee: $ _ 18,_5.01.21 ITEM 6. Engineering charge -- 21 °/° of Item ~: $ 8, X45.15 ~8"equivalent portion is $ ~ 21°le of 8" equivalent In Item 3} ' ITEM 7, ° ° 6 /° Finance AdministratGVe fee ~6 /° X Item 5a}. $ 1,110.07 ITEM 8. Interest onshort-term construction financing: $ 1, 060.80 ITEM 9. ether charges; $ ~ E E ITEM 10, Due to sewer fund for 2-112 cent levy; $ E ITEM 11. ~ ITEM 12. TQTAL ASSESSMENT per ordinance $ 50 831.02 ITEM 13, Clty s share of cast far completed contract 3 Wank ACK Direct Costs Eng. Fee Interest Total 9D 79 45~~ 7~c~ CITYa}STORM 332-9332~b~893-915756 21 ~: 5~~ 77 ~26 ~f~5 46 . , . $ $ $ . , . $ $ $ $ $ . ~ $ $ $ '~ ~ $ ~ $ $ Intersections ~ $ $ $ . D Total, Not subjectto6/°FlnanceFee $ 21._,713.,79, $4_,559.90 $ 572.77 $ 26~8~fi.~46 *ceardr # _ ITEM 14. Deferred Assessments included in Item 12. Eugene Cade 7.197}, Advanced from Fund ~ ; AJE # $ ITEM 15. Costs not lienable Included In item 12 --funded by City accounts. ~~~ Extraterritorial ACK; Vacant outside Clty limits ACK; Bankrupt accounts ACK: NOTES; . ~ , , .. . , Standard protect 1 Lla created prior to 711191 ~ 101St FORM #t274a FINDINGS AND RECOMMENDATIONS SUBJECT: STORM SEWER SOUTH OF BARGER DRIVE, EAST OF TERRY STREET, ALONG NORTH BQUNDARY OF WOODLAND HILLS MOBILE HOME PARK, PHASE I I 4 corlTRAcT # 91- ~ 5 3 BAcKGRovND This project was initiated by a irrevocable petition received from the property owner. The property petitioning for the improvements will bear 100 percent of the assessable improvement casts with the City bearing the difference. Based on the petition, the City Engineer initiated the project, as provided far in the Eugene Code 7.1605} on October 22, 199D. The property owner was notified of the pending local improvement district hearing 10 days prior to the hearing. The local improve- ment district was authorized by the Council on June 24, 1991. The low bid was submitted by Egge Sand & Gravel, Co. for an amount of $40,fi74.00. PROJECT The project includes constructing 520 lineal feet of 60 inch storm pipe, manholes and miscellaneous connecting pipes. ASSESSMENT Under City of Eugene assessment policy, 47 percent of the improve- ment casts will be assessed to the abutting property owner, with the balance born by the City. The costs to be assessed are shown below: Storm sewer $23,984.56/lump sum Costs listed below are the Engineer's estimate and preliminary costs quoted to the property owner at the local improvement hearing following bid opening. Storm sewer $27,076.28/lump sum RECOMMENDATION The final costs are lower than preliminary costs quoted at the local improvement hearing and are comparable to projects of this size. Staff recommends approval of the assessment distribution. A public hearing regarding this matter was scheduled for April 22, 1992, at fi:00 p.m. , in the first floor Conference Room of City Hall II. However, no persons attended the hearing and it was cancelled. _~~ The Hearings Official has received a Memorandum from the City Engineer outlining the above information. Based upon the available information, it is the finding of the Hearings Official that the proposed assessments have been determined in accordance with the Eugene Code. The Hearings officer further finds that these assessments are assessments for local improvement as set forth in ORS 314.14 because: 1. The assessments do not exceed actual cost; 2. The assessments are imposed for a capital construction - project which provides a special benefit to specific ~. property or rectifies a problem caused by specific property; 3. The assessments are imposed in a single assessment upon completion of the project; and 4. The assessments allow the property owners to elect to pay aff with interest over at least 1~ years. Therefore it is the recommendation of the Hearings Official that the City Council approve the assessment distribution as recommended by staff . ~~ Jack A. Bil ing~, Hearings official ~_ ! 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