HomeMy WebLinkAboutOrdinance No. 19878ORDINANCE NO . L ~ g7
AN ORDINANCE LEVYING ASSESSMENTS FOR
CURBS SIDEWALKS STORM SEWERS, STREET LIGHTS AND TRAFFIC
SIGNAL ON CENTENNIAL BOULEVARD FROM AUTZEN STADIUM To
GARDEN WAY; AND DECLARING AN EMERGENCY. ~ CONTRACT 9 l~ 12 ~
The City Council of the City of Eugene finds that:
On the 14th day of January, 1991, as authorized in the Eugene
Code 7.1605} the City Council initiated the proposed local
improvement consisting ~of curbs, sidewalks, storm sewers, street
lights and traffic signal on Centennial Boulevard from Autzen
Stadium to Carden Way.
After due notice and a public hearing thereon before the
hearing official , and no remonstrances having been filed, on the
28th day of May , 1991, the City Council formed the local improve-
ment district and authorized construction of the local improvement.
The actual cast of the local improvement is ascertained to be
$1,141,177:68 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 tv 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 7.185
~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 yr 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 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 officials findings, including
those regarding compliance with Sections 7.160 to 7.190 of the
Eugene Cade, 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 curbs, sidewalks, storm sewers, street lights and traffic
signal on Centennial Boulevard. from Autzen Stadium to Garden Way,
$1,141,177.68 of which $160,57x.57 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 beingwithin 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. 2.422 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 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 Addecription 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
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 7.190 of the Eugene Code, 1971, and enclose therewith an
application for paying the assessment iri installments according to
the terms set forth in Section 4 of this ordinance.
Section 7. The assessments levied herein are characterised
for purposes of the property tax 1 imitation 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 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 construe--
tion, engineering and related expenses ar 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 became effective
immediately upon its passage by the City Council and approval by
oRnzNANCE - s
the Mayor, retention by the Mayor for more than ten days o:r
readoption over a mayoral veto by two-thirds of all members of the
Council.
Passed by the City Council this
~`~` H da of ~ 199
Y
City Reco er
Approved by the Mayor this
~~da o f , 19 9 a--
Mayor
oRDINANCE - 6
~9g?~
EXNlBIT A -- ASSESSMENT'~4RKSHEET
!n the City of Eugene, lane County, Oregon, an ordinance levying assessments far;
CENTENNIAL BOULEVARD I=RON AUT2EN STADIUM TO GARDEN WAY:
AND STREET LIGHTS. JOB 2b93~•
ITEM 1. Amount paid to Contractor; Contract # ~ 1-12
dob # 2~9 3
Cap Proj. #
Ordinance #
ITEM 2. Liquidated damages;
ITEM 3, Other direct costs; Due back
'Ceordr # Date Descri Pion to Fund;
See attached.
8" equivalent of trunk sewer
ITEM 4. Subtotal; items 1 through 3
°/° interest on this assessment
w~ii Begin
CURBS AND SIDEWALIC5, STORM DRAIN,
ITEM 5. Basis for fi°/° Finance Administration fee calculation.
Subtotal ~- Item ~: $ . OJ ~.
Total not subject to fi°/° Finance Fee (item 13cJ ~- $ ~~ ,
ITEM 5a. Finance casts subject to fi°/° fee; $
ITEM G. Engineering charge -- 23°/° of Item 4; ~ 2112 3 s p 1 i t ~ = 63' S6$' 1 S
~8" equivalent portion is $ = 21 °/° of 8" equirraTe0nt8i~~tem ~ ~)2
ITEM 7. 6°/° Finance Administrative fee ~fi°/° X Item 5a~;
ITEM 8. Interest on shar#-term construction financing:
ITEM 9. Other charges;
ITEM 14. Due to sewer fund for 2.112 cent levy;
ITEM 11,
ITEM 12. TOTAL ASS>;SSMI=NT per ordinance
ITEM 13. City's share of cast for completed contract
$ 86D,816.63
$ --- ..
$
$ 11 40.44
$ ~1 .0
~ 13'34g'31
$ 7,074.85
$ b2,621.00
$ 1 141 1 .b8
Work ~' ACK Direct Casts Eng. Fee Interest Total
~a7 (b} 1 8 ~c6 .22 d
~ r ~ .45,~~~•~2
~
~ e f
14,~~1.40 257 ~~b.54
a
~
T H ENT ~ 1 007.05
0 90 .55
371. g6
7 1~5. `~
~
$ 9 55
~ $ a $
~.._
..
$ 110,587~7~ $ 2,435.18 $ ~ 7,90.22 $ 14,863.13
~
$ 103 612.00 $ 23,8~4.5b $, 7,~+~+
3.6b $134 gbo.22
Intersections $ 37, 280.87 $ 8, 574.60 $ 2, X76, 77 $ 48, 532.24
Total; Nat subject to 6°/° Finance Fee $ 8 758.63 $ 2 X014. ~9 $ 628.87 $
11, 401. ~g
11~1,857.g0 25,72b.40 .
8,031.13 145,611.42
ITEM 14. Deferred Assessments included in Item 12. Eugene CB~~.~~~~$1 13,bg6.00 4, 275.54 77, 519.35
Advanced from Fund TOTAL: , A7j~~,242, 8 1 2, 204, 1 S4$ i ~~. ~S 980, bo2.11
ITEM 15. Costs not lienable included in Item 12 -funded by City accounts.
Extraterritorial ACK:
Vacant outside City limits ACK;
Bankrupt accounts ACK:
NOTES.
5tantlartl projec# 1 L10 created prior to 711l9i 10191 FORM ~t214a
~9~~1
City of Eugene
Engineering Division
Centennial Blvd, Autzen Stdm to Garden way
Contract 91-012 w/Eugene Sand & Gravel, inc.
Job 002fi93, Cap Proj 915784
Amount Paid to Contractor
as of 6192
pending final payment
Total Contract
Amount Paid to others for direct costs
853,509.13
7,307.50
~86o,s16.63
CE~RDR DATE DESCRiPTiCN FUND Amount
92-03005 07/23/91 PSl -PTL: Lab Testing 351 251.00
92-03393 07/30/91 Row; Armstrong 351 150.00
92-05350 08113/91 Row: Larson 351 150.00
92-07839 09/10/91 ROW: Rose 351 150.00
92-10884 10/08191 PSl-PTL: Lab Testing 351 2,586.50
92-11838 10/15191 ROw: Yeazell 351 650.00
92-12472 10/22/91 PSI -PTL: Lab Testing 351 1,426.35
92-~ 12472 10/22191 PSI -PTL: Lab Testing 351 38.79
92-05716 . 11 /04/91 EWEB: Fire Hydrant Relocate 351 1,414.25
92-13478 11 J04191 PSI -PTL; Lab Testing 351 2,935.15
92-15881 11/25191 PSI ~-PTL; Lab Testing 351 85.00
92-15883 11 J25191 BRAUN: Lab Testing 351 fi9.50
92--15888 12/03/91 H2~: Stripe removal 351 939.90
92~-00326 ~ 12j13/91 EWER: Traffic Senr Box 351 494.00
.Total Direct Costs $11,340.44
TOTAL CONTRACT plus DIRECT COSTS $872,157.07
~qs~~~
CENTENNIAL BOULE~IARD
CoNTRaCT 91-12
JOB #2693
Storm drain 532-9332-61893-915784
312-9332-61593-915784
[~idening ~C~ty} 312-9332-61893-915184
overlay 332-9332-51893-816184
312w9332-61893-915754
Traffic s~gna~ 312-9332-61893-915184
street ~~ghts 312-9332-61893-915784
333-9332-61893-915784
332-9332-61893W915784
Bus Bay 312-9332-61893-915784
Turn out 312-9332-b1893-915784
U of 0 312-9332-61893-915784
City cost (misc.) 312-9332-61893-915784
TOTAL
SUMMARY
312-9332-61893-915784
332-9332-61893-915184
333-9332-51893-915154
532-9332-61893-915184
$ 662,876.71
$ 241,725.40
$ 25,000.00
91 aoo . o0
$ 91,000.00
~ 52 963.13
~~ ~ ~+
$ 168,838.62
S9 007.92
$ 77,013,44
$ 25,000.00
32 586.78
~~: .~+
$ 11,401.99
$ 4$,532.24
$ 81,481.67
145 611.42
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F~NDnvGS AND RECa ATroNs
S ~` PAVIl~G, STORM SEWERS, WIDENING, TRAFPTC SIGNAIi CURBS,
G , SIDEWALKS, AND avEl~r.AY oN BOULEVARD,
FR.aM AU~N STADIUM Ta GARDEN WAY (CONTRACT #91-12~
BACKGROUND
This project was initiated by Council Resolution on January 14, 1992. The property owners will bear 14. ~
percent of the cost of the improvements.
The property owners were notified of the pending local improvement district hearing 10 days prior to the
hearing. The local improvement district was authorized by the Council on May 28,1991. The low bid was
submitted by Eugene Sand and Gravel Inc. in the amount of $785,627.55.
PROTECT
The assessable portion of the project includes 2100-lineal feet of minor widening to the road, curb and gutter,
sidewalks, storm sewers, and traffic signal at Kins Row. The non-assessable portion of the project includes
the pavement overlay, curb and gutter, sidewalk, drainage, minor widening, striping, and street lighting. A
portion of the non-assessable cost is financed by Lane County Urban 'fransitian Funds.
ASSFS.SMIIV'T
Under City of Eugene assessment policy, 14.1 percent 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:
Sidewalk $ 2.641square foot
Curb & gutter $ 6.7411ineal foot
Paving $ 15.591front foot
'fraffic signal $1,564.291percentage
Costs listed below are the Engineer's estimate and preliminary costs quoted to property owners at the local
improvement district hearing following bid opening:
Sidewalk $ 2.87/square foot
4-foot widening/curb &
gutter $ 29.57/front foot
srrAFF RECa AT~aN
The final casts are lower than preliminary costs quoted at the local improvement hearing and are comparable
to typical projects of this size, Staff recommends approval of the assessment distribution,
PUBLIC G
A public hearing regarding these proposed improvements was scheduled for September 1.5,1992, at 6:00 p.m.
However, since no persons indicated an interest in the hearing, it was cancelled.
FINDLNGS AND REC4MMENDA'TIaNS -1
yf
~ '
'~
69g7~
The Hearings Official received a memorandum fram 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 Official further finds that these are assessments for local improvement as set forth in GRS
3IU.14o because:
~1} The assessments do not exceed actual cost;
~2} The assessments are imposed for a capital construction project which provides a specific
benefit to specific propert~r or rectifies a problem caused by a specific property;
X33 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 IO
years.
Therefore, it is the recommendation of the Hearings Official that the City Council approve the assessment
distribution as recommended by staff.
Respectfully submitted,
,J~~..'~ , ~,~-
Jack A. Billings
FINDINGS AND RECOMMENDATIONS - 2