HomeMy WebLinkAboutOrdinance No. 19875gRDINANCE Nq. ~~~'~~
AN ORDINANCE LEVYING ASSESSMENTS FOR
PAVING, SANITARY AND STORM SEWERS qN PATTERSgN STREET
FROM 40TH AVENUE Tq 350-FEET SOUTH qF 40TH AVENUE; AND
DECLARING AN EMERGENCY.
The City Council of the City of Eugene finds that:
on the 7th day of December, 1990, as authorized in the Eugene
Cade 7.1608} the City Engineer initiated the proposed local
improvement consisting of paving, sanitary and storm sewers on
Patterson Street from 40th Avenue to 350-feet south of 40th Avenue.
After due native and a public hearing thereon before the
hearing official, and no remonstrances having been filed, on the
8th day of July, 1991, the City Council formed the local improve--
meat district and authorized construction of the local improvement.
The actual cast of the local improvement is ascertained to be
$10,754.51 and the amounts to be assessed ~to and borne by the
specially benef fitted property aid 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 14 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 7.174 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
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 adapted
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 F4LLgWS:
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 7.10 to 7.190 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, sanitary and storm sewers on Patterson Street fram
40th Avenue to 350-feet south of Pattersan Street is $120, 754.51 of
which $72, 823.20 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 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:
J
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 2.424.
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 Acd~ption of each lot, part~of lot or acreage specially
benefitted by the local improvement;
aRDINANCE - 4
5.2 The Warne 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.
Section ~. 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 7.190 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 th~.s 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. -
Section 8. Any assessment remaining unpaid and far 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
oRDINANCE -~ 5
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
L~ day o f ,_~,g~~~/ 19 9 2-
City Recorder
Approved by the Mayor this
l~~day of 199
`~,
'' yor
ORDINANCE -~ d
/9ff~~."
EXHIBIT A -~ ASSESSMENT WORKSHEET ~ °I° interest on this assessment
In the City of Eugene, Lane County, Oregon, an ordinance levying assessments far: will begin
.Paving, Sanitary and storm sewers on Patterson Street
1:rom 40th Avenue to 350-1•eet south of 40th Avenue
ITEM 1. Amount paid to Contractor: Contract # 91- i 6 $ 75,137.4$
Job # 2697
Cap Proj. # __ X15814
Ordinance #
ITEM 2. Liquidated damages: ~~ $
ITEM 3. Other direct costs; Due back
~Ceardr # Date Descri tiara to Fund:
~~? .26855 8 29 91 a des t~ B - ~ 2, 054.94
92-17455 12 10 91 Lab Testi n -Braun 351 ~ 435.50
$
. ~ ~ $
8" a uivalent of trunk sewer $
ITEM 4. Subtotal: !tams 1 through 3 ~ $ 77 527, $8
ITEM 5. Basis far ~°1° Finance Administrative fse calculation.
Subtotal -Item 4: ~ ~ $ 1~
~
2
1
~
~
.,
,
,
_
,_
..,_~~....-~, .
~• Total not subject to 6% Finance Fee Item ~~~ ~- $ _2~~~„ 4f1 ,
ITEM 5a. Finance costs subject to 6%fee: $
ITEM 6. Engineering charge - 21 °/° of item 4: $ 1 fi ,_3.01, $5
~8"equivalent portion is $ = 21 °/° of 8" equivalent in item 3} _
~~~~
ITEM 7. 6°!° Finance Administrative fee {S°/° X Item 5a}: $
ITEM 8. interest onshort-term construction financing: ~ $ _ 3,,47.- ~q
~.~..~
ITEM 9, Other charges; .!'~~.t~! ~a,ul.~ ,I,.n.f~,s~...,~.,..~. ,_...... ~...
., $
- $ 2 1x4.17
$
ITEM 1Q, $
ITEM 11. TOTAL ASSESSMENT per ordinance $ 102, 754.51
ITEM 12, City's share of cast for completed contract
Work ACK Direct Costs Eng. Fee Interest Total
Storm 332-9332~~61$93-915814 1 i ,4~c~. 49 2, 4~d~.60 5~e~.3i 1 ~ ~f~7.40
~ ra De th 312-9332-61593-935254 $ 9,712.97 ~ x,_052.32 $ 445.9 $ ,
„_ _ $ $
$ $ ~ $
$
$
$ $
lnterseclions 312-9332-61$96-935214
3 410.94
716, 30
$ _. a _._~ $ $ 4, 252. $3
155.59
$
Total: Not subject to 5°/° Finance Fee $ $~~ $ 23.69 $ 30,_931, 31
._.
~cecrdr #
ITEM 13. Deferred Assessmenfs included in Item i2. (Eugene Code 7,197}.
Advanced from Fund , AJE # $
ITEM 14, Costs not iienabfe included in Item 12 --funded by City accounts,
Extraterritorial ACK;
Vacant outside City limits ACK;
Bankrupt accounts ACK;
MOTES; _ _
Standartl project! l.ft? created 711191 or later 1a19t F013M #1274b