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HomeMy WebLinkAboutOrdinance No. 19880ORDINANCE NO . ~ `Jl Ff~D AN ORDINANCE LEVYING ASSESSMENTS FCR SANITARY SEWERS To SERVE HILYARD STREET BETWEEN 21ST AVENUE AND 2ND AVENUE; AND DECLARING AN EMERGENCY. ~C4NTRACT 92-42~ The City Council of the City of Eugene finds that: on the 3rd day of January, 1992, as authorized in the Eugene Code 7.160{8} the City Engineer initiated the proposed local improvement consisting of sanitary sewers to serve Hilyard Street between 21st Avenue and 22nd Avenue. After due notice and a public hearing thereon before the hearing official, and no remonstrances having been filed, on the 2nd day of March 1992, the City Council formed the local improve-- meat district and authorized construction of the local improvement. The actual cost of the local improvement is ascertained to be $37,754.04 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 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 7.170 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 mare 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 EnGENE DOES ORDAIN AS FOLLOWS: Section 1. The Summary of the hearing conducted by the hearings official are hereby made apart of the Council's record in these proceedings, and the hearings official's findings, including those regarding compliance with Sections 7.144 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 sanitary sewers to serve Hilyard Street between 21st Avenue to 22nd Avenue is $37, 754.04 of which $36, 797.92 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. 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 ORDINANCE '- 2 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 1 iens 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. 2,422 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 A description 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 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. ORDINANCE - 3 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 7.19 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 7. The assessments levied herein are characterized for purposes of the property tax limitation in Section 11b, Art. XI of the aregon Constitution as assessments for a local improvement not subject to the limitation of $10 per thousand of real market value. Section S. 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 the Mayor, retention by the Mayor for more than ten days, yr readoption aver a mayoral veto by two--thirds of all members of the Council. ORDINANCE -- 4 Passed by the City Council this (~~~~d of ('~,-e~~t~ . 199 t~_. ~., City Recorde Approved by the Mayor this la, da of 9~ ayor oRDINANCE - 5 I ~~~ EXHIBIT A -- ASSESSMENT WORKSHEET °I° interest an this assessment In the City of Eugene, Lane County, Oregon, an ordinance levying assessments for; will begin Sanitary sewers to serve Hilyard Street between 21st Avenue and 22nd Avenue, Job 2621. ITf»M 1. Amount paid to Contractor: Contract # 92-402 $ 28 20 $ Job # 002621 Cap Proj. # ~~ Ordinance # ITBM 2. Liquidated damages; ~ ITENt 3. Other direct costs: Due back +Ceordr # Date Descri Lion to f=und: 92- ~04,~+2 ..~.~2~_~r_~.u~,_._].~.P.~s.1~~i~.nv_5~}Q.31~$ ~_ $ 8" a uivalent of trunk sewer ~ ITEM 4. Subtotal: Items 1 through 3 ~ ITEM 5. Basis for 6°/° Finance Administrative fee calculation. Subtotal -Item 4: ~ _ 2 $ ,1~ ~..~~~,~. _, ~_ Total not subject to 6°1° Finance Fee (Item 13c} <- $ 2. 2 ITEM 5a. Finance cos#s subject to 6°/° fee; $ 2 66 , O 1 ITEM fi. ° Engineering charge--~/ of Item 4: ° ° ~ ~ • 62 ~S" equivalent portion is $ ~~bt"°/° of 8" equivalent in Item 37 ITEM 7, fi°/° Finance Administrative fee ~D°l° X item 5a}; ~ 1, 659.78 ITEM 8. lnterest an short-term construction financing; ~ 1 ,1 X2.91 ITEM 9. Other charges; ~ ITEM ~0. $ 37,15~.0~ ITEM ~ 1. TQTAL ASSESSMENT per ordinance ~ ITEM 12. City's share of cost for completed contract Work ACK Direct Costs Eng. Fee Interest Total san~~tary sewer 532-~b3}32-61893-93525 2~c} 2 d} 75 ~ 17 13 e} 3f~ 27 ~f} 6 12 . ~ ~ ~ . 95 . ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Intersections ~ ~ ~ ~ Total: Not subject to fi% Finance Fee $ 2. 2 ~ 1 .1 ~ 0.2 ~ b .12 "ceordr # ITEM 13. Deferred Assessments included in Item 12. Eugene Cade 7.197}, Advanced from Fund , AJE # ~ ITEM 14. Costs not lienable included in Item 12 -funded by City accounts. Extraterritorial ACK: Vacant outside City limits ACK; Bankrupt accounts ACK: NOTES: ___. . 5tantlard project 1 LID created 711191 or later 10!91 FORM ~127~b to cn ~~ ~r mr mr D ~a ~~ ~ ~.m v. Hm n ern n ~+m ~ n~ .~ n~ ~ n~ -~ nz ~ m~ n mn ~ m~ ~ ~mA ~" ~r r ~r ~' ~r r cnr~ v+ l N W u~ l N w vs l N W v~ l N w ~ i ~ r- C+ ~ V~ ~+ lSf I Ut a ~ I .tn N ~q ~ r~ ,1 ~ i ~+ ~ r I ~ D w AQ d ~ ww al we ~ cr ww ~ o w~ r r r r! r r r ~r r r r `~ W a` N ! 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