Loading...
HomeMy WebLinkAboutOrdinance No. 19869ORDINANCE No, AN ORDINANCE LEVYING ASSESSMENTS FOR PAVING ON EAST ONE-HALF OF wOODSIDE DRIVE FROM CAL YOUNG ROAD To 3~D~FEET SOUTH; AND DECLARING AN EMERGENCY. ~ CONTRACT 91-2 6 ~ The City Council of the City of Eugene finds that: 4n the loth day of January, 1991, as authorized in the Eugene Code 7.160~8~ the City Engineer initiated the proposed local improvement consisting of paving on east one-half of Woodside Drive Cal Young Road to 304-feet south. 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 improvement. The actual cost of the local improvement is ascertained to be $34,462.44 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 Cvde, 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 7.170 and 7.175 of the Eugene Cade, 1971. A native containing the information required by Section 7.185 of the Eugene Code, 1971 has been pasted on a bulletin beard 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 summary of the hearing, and based thereon, THE CITY of EUGENE DOES ORDAIN AS FOLLOWS: 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 7.194 of the Eugene Code, 1971, attached hereto as Exhibit B and incorporated herein by reference, are hereby adopted. Section 2. The actual cost of the local improvement compris- ing of paving on east one-half of Woodside Drive from Cal Young Road to 300-feet south is $34,462.44 of which $27,866.09 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 Exhibit C hereto and incorporated herein by reference. ORDINANCE .. 3 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. z.OZZ through z.OZ4. 4. z If the property owner so elects, in 1z0 monthly install- ments, including principal and interest at the rate set by the City Manager as provided in E.C. z.4zz through z.o24 plus a service charge to be determined by the City Manager as provided in E.C. z,ozo. 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: 5.1 A description 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 name of the owner is unknown; and ORDINANCE - 4 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 containing the information required by Section 7.19D of the Eugene Code, 1971, and enclose therewith an application for paying the assessment in installments according tv 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 11b, Art. xI of the Oregon Constitution as assessments for a local improvement not subject to the limitation of $10 per thousand of real market value. Sectian 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. Sectian 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 b Y the Mayor, retention by the Mayor for more than ten days, ar ORDINANCE ~ 5 readoptivn over a mayoral veto by two-thirds of all members of the Council. Passed by the City Council this ~~ of w~,-r , 199 2 t... City Record r Approved by the Mayor this ~'~~ day o f , l 9 9 Z ,r ayvr ORDINANCE - 6 i9~~ ~ EXH~B~T Q -~ ASSESSMENT 1N~RkSHEET % interest on this assessment In the City of Eugene, lane County, Oregon, an ordinance levying assessments for; will be gin Paving an east one-half of ~loo~side Drive from Cal Young load to 300-feet south ITEM Z, Amount paid to Contractor: Contract # 9l -26 ~ 25 5qq, 31 Job # 27l 2 Cap Proj, # 915$64 ~rdfnance # ITEM 2. Liquidated damages: ~ ITEM 3. Other direc# costs; ~ Due back *Ceordr # Date Descri Lion to Fund. .~2.:~7.~~ ~.. ~..1~]..9.~97..~....1~a1L..~'~,~.. ~~..ra.l~,....-,_. ..~1_._.~. ~ ?~ 16,$9 12.~~g .~1_._~ ~ 8" a uivafent of trunk sewer ~ ITEM ~. Subtotal; Items 1 through 3 ~ ITEM 5, Basis for 6°/° Finance Administration fee calculation, Subtotal -item 4; ~ ~~Q$~2~~~ ~.. Total not subject to 6°/° Finance Fee Item 13c} ~• $ „ _ ~'~~~ ITEM 5a. Finance costs subject to E°!° fee; $ ~~1h~~_ 1 ITEM 6, Engineering charge -- 21 °/° of Item 4; $ 5 477. $6 ~6" equivalent portion is $ = 21 °/° of 8" equivalent fr* Item 3} ITEM 7'. 6% Finance Administrative fee ~6°/° X Item 5a}; ~ ~ , 245.63 ITEM 8. Interest onshort-term construction financing: ~ _ 752 ,1 ~ ITEM 9. Other charges: ~ ~~ . _ ~ ITEM 10. Due to sewer fund for 2-112 cent levy: ~ ITEM 11. ~ ITEM ~ 2. 70~'Al ASST=SSMEIVT per ordinance $ 34 462.44 ITEM 13. City's share of cost for completed contract Work '' ACK Direct Costs Eng, Fee Interest Total f<a} (b} (c} ~d} f<e} ~f} ~ ~~ .San~'tary„sewer...._ 532-9332-61„893-935254 , ~ 3.696;19 ~ 776.20 ~ ~ 1D6,57 $ ~ 4 578.96 ~ ~ ~~ ~ ~ ~ Intersections 332-9332-61896-915$64 ~ 1,628.46, ~ 341,98 ~ ~ ~ 46.95 ~ ~ 2 017.39' Total: IVot subject to 6°/° Finance Fee ~ 5 32~. f~5 $1, i 1.$...,18 $ 153.52 ~ 6 596.35 'ceordr # ITEM 14. Deferred Assessments included In Item 12. Eugene Cade 7,197}. Advanced from Fund , AJE # $ ITEM ~5. Casts not lienable included in Item i2 -funded by City accounts, . Extraterritorial ACK: Vacant outside City limits ACK: Bankrupt accounts ACK: NOTES: Sta~tlartl project I Lip created prior #a 711191 10191 FOf3M ~1274a i II 2 f ~ ~ 7 1 ~ ' I i~ 7 I I I I ~ `I I Ill ~ ; ~ ~ ! ~ ! i '! ! ' I , N ~ ~ ~ ~ ~ ' ~ m m { i ©rn Arn .. N ~ i ~ ~ I~ ` 1~ ~ ib I ~ / ~ l_) '~ m a ~ f ~ ~ 1r ~ -~ ~ a ~ ~ ~ I ~i ~ ~ ., ~ © ~ i I ~ iN ~ ~ ~ € d [ i %~` ~ t a ~ ~ ! b ~ v I ~ z~ ~ ~ ; ~ I W~' I r ~ # r '~ i r" ~ n~ ~ ~ r in ? I f ' ~ ~ I E i w ,.~ M ~ y ~ fU : N v ~ ~ rr+ I ~ ,~ h1 ' ~ t]: I Iv oa ~ I ~ ~ W W ~ . ' i I N tb f IV ~ y 1 CD CC j ~ j . i h+ W • ~ .p ~i ~ ~ ! ~ ~ 1# I ~ lri VI i j # 1 1 til ~ ~4 •1 i .- ~ : ~ ~ rv ~ ~ rW , ~ w I ~ ~ I ~ 1 I 1~ E # ~ ~ ~ ; ~ ~, ~ 1 N , ~ N ~~ ; ~ N ~ ~ ~ ~ ~7 ~ 4 ~ I ~ ~ ~ ~ ~ } ~ i ~ j '~ ~ ~ i i i 1 ~ I ~ i C~ C ~ m"~I ~ Nom fn~v~ I i E ~ ~ : . ~ N C rv ~a ~~r ~ ~ , w C ~,~cn( h~ ~ C tt~ ~ ~ ~Nr ! Z ~ N ~ . A M.r ~,~" Cy L~ ~ ! ~ fn rn i ~ ~' o ~ a ~ m ~ m ti, rn n v ~ ~ ~+ ; cv I ~ '~ I ~ v ~ ~ ~ ~ I VI ~ © !~ I ~ V/a; I ~ t ~~C? I ~~a-C I b ~! rr, ~ ' r w ~ H n ~ i ; i ~ a r ~ a y, # w !~ ~ Q ~ ~ ~ ~ i ~ ~ M j I ~ F int.! N ~ ~ ~ :~{f) ~ cn C) I VI ~ j f~"~ i ~ ~ 11 ~ ! ~ ~~ I r ~ ~ , ~ ~ ! j , ~ ~ ~ ~ i~ ~ mrn WH N ~ ~ ~ ~ i I I ~h crrn~ W iV- ~ ; I ~ ~ I f n ~ +' -~c t (rtn ~ ! ~ 1 ~ H ~ ~ ~ y' ~~~ co ?~ ~ ~ ""' ~ ~ ' "" I i ~w I 'n ~ ~ t . E ~ ' ~ ~ ~ m ~ F ~~ . m w a I ~ ~ ~ t" ~ ood ~ ' ~` i ~~ ~ ~ ~ ~,,, ~ ~ ~ ! I ~ K ~ ; ~ ; i ~N ; ; i ~+; ~ w ~ C j ~ ~ ~ y ~ ~ ! y ~ 1 ` ~ I ! ~ ' ~ ' ! ~ ~ ~,,~, ~ ~ ~ ~ w I ~~ w v ~ ~d w pl ~ f f ~ ~ ~ ~ ~ ~~ w ~ I N Ej r I ~ ~ 0 ' I ! ~ ? ~. ~ I ~ a ~ ~~ ~ P I ~. j a . ~ ~ ~ , ~ 1 ~ ~ ~ I I i jjE ! ~ ! i I E i I f ~I ~ i I I rn~ ~~ m -~ C i j C ~ i I ~ ~ ~ ~ E ~ ' ! ~I ~ r ~ ~ I ', ~ ~ ! ~ ~ ~ I I I ~ i mm ~ ~ i ~ I ~ :~ ~ ~ i ~ ~ t ~ ~ I ' I i '"'~ ' '"~ ~' ~ ~ i ~ ~ ~ { ~ E ~ ! ~ ~~ r ~ I ~ I t E i I j I ~ ~ ~ ~ i ! i i , E ~. I i E i ~ ~ i ~ I ~ ~' I l I I ~ I ~ I ~ ~~j ~ i ~ 'd i ~D E ~ ~ ~ ~ ~„~ { a ~ ~ i i i ~~ ~ ~ i ~' i I ~ ~ # ~ p, ~ ~ ~ ~ f c ' 4~ I , I I I i ~ ~ I I I j ~ 1 i ~ 1 I ~ I ` i i € h ~ rn I ~nm ~ ~ ' ~ ` I ~ ~ ~~ ~ ; i ~ H ~ rn m ~ ~ I ni i z z I I i j ~ ~ ~ .{ ~ ~ ~ ~ ~ ~ ~ { ~ I ~ E m ~~ ~ ! n ~ ~rn ~ ~d I ~ ~ ~ ~ ' j ; , ' ' m 'tt j E I ii I E >~ 5 j ~ i ', I I G~, ? ~ rn m } w; ~ ~ ; ~ ~ ; ~ ; } ~ ~ ~ ~ ~ I I i i ~ I E © s r ~ ~ ~ rm I I ~ I ;I r ~ i ~ ~ ~ ( E ~ ~ w ~ ~ ~ ~ ~ ~ ; ~ ~ ~ ~ ~ ~' ~ ! ~ ~ ~ i f i ~ ~ ~ ~ .I ~ ; ~ ~ i I ~ { N ' I i I I ~ ~ E i I ~ ~ I ' I ~ ` ~ E I ~ ~ I ~ I ~~r I k ~ ~ ~ ~ ~ I ~ i f ' ` f ~ E ~ ~ ~ i ~ 3 I ~ 3 I 3 ~ 3 ! I E. E I j I I C I I I ~ ~ bn. ~m i ? ~ ~s"` mro D ~ ~ ~ ~ v 1 i P ~ I I ~,~ i ~~~ I } ~ i I ~ ~ ~ ! j I M b I I ' I ~ ~" I ; ~ "i ~ ~ 1 I ~ m j I cal ~ rn~ i ~~ E ~ ! ~ ~ ~ ' i ~ f , ! i I ~ •. 'V r~ Uf f " ~ I 1J1 I ~ ~ D cJ m A€ vy p y ~` i ~ I I I ~~brn~~~-~ ~ ~~~, r~~~o~~rnrn~r~n ~~ ~ ~ rH~nnNo~rnrn~ ~~ m~~~`nc~nm~~ ~ ~ ~ I I I i I ~ ~~z~cm~~-~~r ~ ` I # I , I ! {~` i I W f ~ I ( j j ; I !~ ~ I ~ i I ~ r ~ :~ I ~i y ~ ~ ~ ~ I 0~ ~ .~ ~+ CJ +~+ N ~ f ' a ~; l1 t~ I ~ • ~ ~ ~I ~ ~ ~• r ~ ~ ~fl4~ ~~?.ln~~~~p I ~`# ~ ?~w'7 I ~~ ~i~JQ f I ' I I I W iI i r• I ~ ' ~ { 4 ~ . I I 11'{{{ I I I ~ I I I ~ € I II f I f ~ I I I I ` ~ h ~ F ~ 1 1 j I i ~ ~ I ~ I ~ I ' ' m ~ ~ ' ~° i I I I ! ~ I I I I I ! I E ~ ~ I I ~ ~ n i I I I m I ~ ~ I 1 E ~ ! ~ ~ ~ 6 L I f I ~ f t ~, f I G7 i i ~ I ~ ~, ~ m ~ ~ ~ ~ I a I I tr` I i I l ' I I I ~ I I k i I ~ I ' ' 1 I i I I I ~ ~ t I I ~ ~ y ~ ~ ~ I I ~ ~, ~~ i ' I 1 I I ~ I ~ I I I I I ' ~ i I ~ I I i ml ' ~ 3 E' ~~ i i ~ ~ I ' j 1 i' I I I I i n ~m c~ ~ m ~a I~ v j I I I ~ i9s'69 FINI]Il~GS AND RECD ATIDNS SLJBTEGT: PAVING ON EAST ONE-HAIL OF WOODSIDE DRIVE FROM CAL YOUNG ROAD TO 300-FEET SOUTH (CONTRACT #91-26) BACK.GRDUND This project was initiated by a petition received from a property owner that will bear 64.9 percent of the assessable improvement costs. Based on the petition, the City Engineer initiated the project, as provided for in the Eugene Code 7.160~8~ on January 10,1991. The property owners were notified of the pending local improvement district hearing 14 days prior to the hearing. The local improvement district was authorized by the Council on August 5, 1991. The low bid was submitted by Eugene Sand & Dravel, Inc., for an amount of $25,818.15. Dne property owner, Mr. D. Hill, elected to construct approximately 90 percent of the sidewalk abutting his property at his awn expense. PROJECT The project includes completing a half width street of paving, for approximately 304-feet, curbs and gutters, storm drainage improvements, sidewalks and same minor sanitary sewer improvements. AssESS~s Under City of Eugene assessment policy, 78.3 percent of the improvement casts will be assessed to the abutting property owners, with a balance born by the City. The costs to be assessed are shown below: Paving Sidewalk Driveway $ 77.69/front foot $ 12.68/front foot $ 3.58/square foot Costs listed below are the Engineer's estimate and preliminary casts quoted to property owners at the local improvement hearing fallowing bid opening. Paving $ 83.01/front foot Sidewalk $ 15.79/front foot Driveway $ 3.92/square foot RECD ATIDN The bnal 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 hearing concerning the above project was scheduled for April 2~, 1992. Prior to the hearing, the Hearings ~fbcial received a memorandum from the City Engineer outlining the above information. Since no persons indicated an interest in attending the hearing, it was canceled. Based upon the information provided, the Hearings ~fbcial bads that this project has been initiated, bid and designed in accordance with The Eugene Cade and will benefit the health, safety and welfare of the citizens of Eugene. It is the further bnding of the Hearings ~fbcial that assessment for this project would be "an assessment for local improvement". The project would be such an assessment under aRS 31U.14~ since the assessment will: ~1} Not exceed actual cost 2 Be imposed far a Construction Project which provides a specibc benebt to a ~} specibc property or rectibes a problem caused by a specibc property; 3} Be imposed in a single assessment upon completion of the project; and ~4~ allow the property owners to elect to pay off with interest over at least 10 years. Therefore, it is the recommendation of the Hearings ~fbcial that the City Council approve the construction of this project. Respectfully submitted, J~.~.~ Jack A. Billings Hearings Official x M E M O R A N D U M April 20, 1992 To: Hearings official FROM: Les Lyle, City Engineer SUBJECT: PAVING 4N EAST QNE-HALF of N4oDSIDE DRIVE FROM CAL YOUNG ROAD To ~ 4 ~ -FEET SOUTH (CONTRACT # 91--2 6 ~ BACKGROUND This project was initiated by a petition received from a property owner that will bear 60.9 percent of the assessable improvement costs. . Based on the petition, the City Engineer initiated the projects as provided for in the Eugene Code 7.16 0 ~ 8 ~ on January 10 , 19 91. The property owners were ratified of the pending local improvement district hearing 10 days prior to the hearing. The local improve-~ went district was authorized by the Council on August 5, 1991. The low bid was submitted by Eugene Sand & Gravel, Inc. for an amount of $25~818.~~r one property owner, Mr. D. Hill ~ elected to construct approximately 90 percent of the sidewalk abutting his property at his awn expense. PROJECT The project includes completing a half width street of paving for approximately 300-feet, curbs and gutters, storm drainage improve- ments, sidewalks and some minor sanitary sewer improvements. ASSESSMENT Under City of Eugene assessment policy, 78.3 percent of the improvement casts will be assessed to the abutting property awners; with the balance born by the City. The costs to be assessed are shown below: Paving $ 77.69/front foot Sidewalk $ 12.68/front foot Driveway $ 3.58/square foot HEARING MEMQ - ~IQQDSIDE DHI~E ~.pril 20, 1992 Page 2 Costs listed below are the Engineer's estimate and preliminary costs quoted to property owners at the local. improvement hearing following bid opening. Paving $ 83.01/front foot Sidewalk $ 15.79/front foot Driveway $ 3.92/square foot RECOr~rrnATroN The final costs are lower than preliminary costs quoted at the local improvement hearing and are comparable to projects of this sire. Staff recommends approval of the assessment distribution. PROJECT VICINITY MAP NO SCALE