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HomeMy WebLinkAboutOrdinance No. 19851ORDINANCE NO . I ~'~~ AN oRDINANCE LEVYING ASSESSMENTS FOR SANITARY SEWER IN WooDBINE SUBDIVISION BETWEEN 24TH AVENUE AND CLEVELAND STREET AND TERRACE VIEW DRIVE AND CITY VIEW STREET; AND DECLARING AN EMERGENCY. CONTRACT 91-34 j The City Council of-the City of Eugene finds that: on the 8th day of July, ~ 1991, as authorized in the Eugene Code 7.160~8~ the City Engineer initiated the proposed local improvement consisting of sanitary sewer in Woodbine Subdivision between 24th Avenue and Cleveland Street and Terrace View Drive and City View Street. After due notice and a public hearing thereon before the hearing official, and no remonstrances having been filed, an the 23rd day of September, 1991, the City Council formed the local improvement district and authorized construction of the local im~ provement. The actual cost of the local improvement is ascertained to be $40,492.26 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 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 7.17Q 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 oRDINANCE - 2 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 re~tonstrances 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 summary of the hearing, and based thereon, THE CITY of EUGENE DOES ORDAIN AS FoLL4WS: 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 7.164 to ?.19~ of the Eugene Code, 1971, attached hereto as Exhibit B and incor- porated herein by reference, are hereby adapted. Section 2. The actual cost of the local improvement compris- ing of sanitary sewer in Woodbine Subdivision between 24th Avenue and Cleveland street and Terrance View Drive and City View Street is $40,092.26 of which $40,092.26 is hereby assessed against the parcels of property hereinafter described in the amounts set opposite, respectively. Seotion 3. The City Council does hereby determine and assess each lot and part of lot being within the described local improve- meat district as set forth on the assessment roll attached as oROiNANCE - 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 benefitted 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- 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; 5.1 Acdeption of each lot, part of lot ar acreage specially benefitted by the local improvement; 5.2 The name of the owner or reputed owner thereof, that the aRDiNANC~ - a name~of the owner is unknown; and. 5.3 The sutra 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 containing the information required by ~ section 7 , l90 of the Eugenie Code, 1971 ~ and enclose therewith an~applicatian for paying the assessment in installments according to the terms set forth in Section 4 of this ordinance. Section 7. The assessments levied herein are characterized for purposes of the property tax limitation in Section llb~ Art. XI of the Oregon Constitution as assessments for a local improve- ment nat subject to the limitation of $10 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 two-thirds of all members of the Council. Passed by the City Council this ~' day of , 199,E `~ City Rec der Approved by the Mayor this i ~ day of b 199ot ~~ Mayor ORDINANCE - 6 EXHIBITA--ASSESSMENT I~QRKSHEET In the Clty of Eugene, bane County, Oregon, an ordinance levying assessments for; SANITARY SEWER I~N WOODBINE BETWEEN 24TH AVENUE AND CLEVEi.A1~D STREET AND TERRACE VIEW DRIVE AND CITY VIEW STREET. °/° interest on this assessment will begin ITEM ~1, Amount paid to Contractor; Contract # 91~ - 34 $ 31,109.30 ,lob # 2731 . .Cap P.raj, # 925715 . Ordinance # ITEM 2, Liquidated damages: $ ITEM 3, Other direct casts. Due back *Ceardr # Date Descri tlan to 1=and; $ $ . $ ~.... 8" equivalent of trunk sewer,...~~ $ ITEM 4. Subta#al; Items 1 through 3 $ 31,109 , 30 ITEM 5. 8asls far 6°/° Finance Administration fee calculation, Subtotal ~ Item 4; $ 31,109.30 Total not subject to 6°/° Finance Fee (item 13cJ <• $ > ITEM 5a, Finance costs subject to S°/° fee; $ 31,109.30 ITEM 6. Engineering charge 21 °/° of Item 4; $ .. ~5 , ~ 3~ , g~ - ~8" equivalent portion is $ ~ 21°/° of 8" equivalent In Item 3y ~ ~..._--~ ITEM 7. ~% Finance Administrative fee ~8°/° X Item 5a}: $ _-- ~1,-$~.,5~,,.,,_.-_.._ ITEM 8. Interest on short-#erm construction financing; $ 583.45 ITEM 9. Other charges; $ ITEM 10. Due to sewer fund for 2.112 cent levy; $ ITEM 11. $ ITEM 12. TOTAL ASSESSMENT per ordinance $ 40 r 092.26 `.ITEM 13. City's share of cost far completed contract Work ACK Direct Costs Eng, Fee Interest Total ~a7 ~b7 ~G7 ~d7 ~ej ~f7 $ $ $ $ $ $ $ $ . $ $ ~ $ $ $ $ $ _ntersectlans ,,, ~ ,. ,~~.,.. ,...._ ~.~.,.,.,,....._, $ $ $ $ . Total; Nat subject to 6°/° Finance Fee $ $ $ $ *Geardr # ITEM 14. Deferred Assessments included in Item ~12, ~~Eugene Code 7.197y,~ Advanced from l=and ~ , AJE # , $ ITEM 15. Casts not fienable Included In Item 12 -funded by City accounts, Extraterritorial ACK; Vacant outside Clty limits ACK; Bankrupt accounts ACK; NOTES; .~ , . .. , . Standard prajeGtl LID created {~rlar to 711191 1tf19i FORM ~1Z14a ,j ~ ~ I ~ ~ ~ ~ ' HO I ~ ' ~ `ten ' ~ k I ~ i i ~ ~ ~ i mm f I LI ~ I 1 e ~ (~ ; ~" ~ ! f ri ~ (,n I m rr ~, ~w r ~ n ~ I m A iii m ~ n r ~ D i ,l~- 0` b. n ~ m~- n rnb n mb r ~r r cn ) I r~ cnr ~ r ~r I i ~ I _ ; ~ 1 I ~ 5 (, t 1 . ~ ~ ~ t j I ~ ~ ~I ~ . # ~ 1' • ~ ~ .. ~ 1 ~_ ~ ~. ~I I ~ i ~ +~ ~. w ~: ~ 4 w ~ w~ , ? , ~ w. 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I ~ i ~ !. ~ ~ ~ :: i } ~ ~ ~ N d E i I ~ i ~"E ~ E ) I { ~ 1 ~ ! ! ~ ~ ~ ; I , N ~ mm cn ~ ~ ~ ! nj ~ ~ m~ ~ ~w b tor~ r- fin, b ~ m ~ ' cn ~ !w cr ~ ~v~..~mMzrl~ ~~a . ~ • N~ ~+C7`l:~mmro ~N ! ~ - ~z ^ nCmrn~ a . ~. ~ ~c~z mcn~~~ ~ i r ~ . i i ~.. ' i } I ~ i ~ ~ ©~ N ~ ~ ! ~~. C3 ~ ~ ~ !-~ I r ~ ~ i W I _, N NI i W DOO ' o ~ ~ CC ~ ,.~ rnl. ~ :~ , ~ Q ~' act ~-(~ ~ ~ ~ oo oo W f ~ ~ # i .,'~,... I ~ ~ I ~ ~ ~ ; 1 ~ ~ i ~ ~ ',. ,. I I ~ ~ ~~ ~ i ~I ` ~ y ~ ~ f ~ ! G3 N m~ n 0 P ~I 1 I I I I I I I I i I I 1 i IW~ ~avDrNGS AND RE~oMIyENDATraNs SUB TEGT: SANITARY SEWER IN WOODBINE BETWEEN 24TH AVENUE AND CLEVELAND STREET AND TERRACE VIEW DRIVE AND GTTY VIEW STREET (CONTRACT 91-34) BACKGRGUND This project was initiated by a Irrevocable Petition. The project has serviced the woodbine Subdivision as well as one adj acent,undeveloped property. The petition received represents approximately 72%a of assessable casts to be borne by the two affected property owners. Based an the petition, the City Engineer initiated the project, as provided far in the Eugene Code 7.16Q~8} an July S, 1991. The property owners were nati~ed of the pending Local Improvement District hearing 1U days prior to the hearing. The Local Improvement District was authorized by the Council on September 23,1991. The low bid was submitted by H 7 J Construction Company in the amount of $29,6Q8.~. PROJECT This project provides sanitary sewer service to seven cots within woodbine Subdivision, together with serving the future needs of the property adjacent to the southerly boundary line of the plat. ASSESSMENT Under City of Eugene assessment policy,lQ4% of the improvement costs will be assessed to the abutting property owners, with the balance born by the City. The costs to be assessed are shown below: Sanitary sewer $ 0.44/sq. foot Sanitary service $161.98Jper lot Costs listed below are the Engineer"s estimate and preliminary casts quoted to property owners at the Local Improvement Distract hearing following bid opening: Sanitary sewer Sanitary service $ 0.47/sq. ft $105.00/per lot RECONIlVIENDATIGN The bnal costs are slightly higher than preliminary costs quoted at the Local Improvement _2_ hearing and are comparable to typical projects of this size. Staff recommends approval of the assessment distribution. A public hearing regarding this matter was scheduled for April 22,1992, at 6:~0 p.m., in the first flour Conference Room of City Hall if. However, no persons attended the hearing and it was canceled. The Hearings 4fflcial was provided with a copy of a letter from Susie Knorr, expressing her opposition to the projects or her inclusion as a benefltting property owner. A copy of the letter is attached as Exhibit "A". At the request of the Hearings official, the City Engineer prepared a Memorandum which is attached as Exhibit "B", in response to Ms. Knorr's objections. Based upon the information provided, it is the finding of the Hearings Ufficial that Ms. Knorr's property is large enough that it could be divided in the future, which would require additional sewer access. Although it may not be the present intention of the property owner to sell a portion of the property, because that is a possibility, it is appropriate that the property be assessed far the extension of the sewer system. Therefore, it is the recommendation of the Hearings Official that the Knorr property be included for purposes of determining the assessment. The Hearings official has also received a Memorandum from the City Engineer which outlines the information regarding the background, praject, assessment and staff recommendation. Based on 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 Official further finds that these assessments are assessments for local improvement as set forth in SRS 31U.14~ because: 1. The assessments do not exceed actual cast; 2. The assessments are imposed far a capital construction praject which provides a special benel"it to specific property or rectifies a problem caused by specific property; ~. 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 off with interest over at least 1n years. -3- Therefore, it is the recommendation of the Hearings Uf~icial that the City Council approve the assessment distribution as recommended by staff. J~~ i Jack A. Billings, earings Official