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HomeMy WebLinkAboutOrdinance No. 19884ORDINANCE NO . ( ~ ~'7 AN oRDINANCE LEVYING ASSESSMENTS F4R PAVING, CURB, GUTTERS AND sTQRM SEWER IN 14TH AVENUE FROM LINCOLN STREET To ALLEY 150-FEET WEST; AND DECLARING AN EMERGENCY. CONTRACT 92-09y The City Council of the City of Eugene finds that: on the loth day of September, 1991, as authorized in the Eugene Cade 7.160 (8 } the City Engineer initiated the proposed local improvement consisting of paving, curb, gutters and ,storm sewer in 14th Avenue from Lincoln Street to alley 15a--feet west. After due notice and a public hearing thereon before the hearing official, and no remonstrances having been filed, on the ~.1th day of May; 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 $24,731.85 and the amounts to be assessed tv and borne by the specially benef fitted property and tv 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 7.17o and 7.175 of the Eugene Code, 1971. A notice containing the information required by Section 7.155 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 .ter G'r+.i. ~fA 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, TgE CITY of EUGENE DOES oRDAIN AS FoLLOWS:~ ti 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 7.160 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, curb, gutters and storm sewer in 14th Avenue from Lincoln street to alley 150-feet west is $24,731.85 of which $17,937.41 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 - ~ 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 I f the property owner so elects, in 12 0 monthly install- meets, 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 tv 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 or acreage specially benefitted by the local improvement; 5.2 The name of the owner or reputed owner thereof, that the Warne of the owner is unknown; and ~.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 .:, ~,r Section 6. Upan 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 7.194 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. 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 8. That the matters contained herein affect the u 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, or readoption over a mayoral veto by two-thirds of all members of the Council. Passed by the City Council this ~~ ~~`~ .day o f o , 19 9 ~ City Recorder Approved by the Mayor this d y of 199? Mayor ORDNANCE - 4 ~~ l~,. :,. -~ ,5~~, ~gsgY EXHlB~T A -ASSESSMENT WORKSHEET in the City of Eugene, Lane County, Qregon, an ordinance levying assessments for; ----.-.- °/° in#erest on this assessment will begin PAVING, CURBS, GUTTERS, AhID STORM SEWER lid 14TH AVENUE FROG LINCOLN STREET TG ALLEY 150-FEET WEST. ' ITEM ~. Amount paid to Contractor: Contract # 92`09 $ 1$, 497.40 Job # ~ 7 Cap Proj. # 1 04 ordinance # ITEM 2. Eiquida#ed damages: $ ITEM 3. other direct casts: Due back 'Ceordr # Date Descri tion to Fund; -O1 2 ~~2 La test: i n roan $ 575.65 ___.~, $ ______~ 6" a uiv l t f .. a en o trunk sewer ITEM 4. Subtotal: I#ems ~ through 3 $ 19.073.05 ITEM 5. Basis far G°/° Finance Administrative fee calculation. Subtotal -- I#em 4: $ ~ 7~' ~ ~ Total no ~" ~ ~ ..-~ t subject to G% Finance Fee (Item 13c) <- $ 419 34 5 _ , . , ITEM 5a. Finance cos#s subject to 6°/° fee: ~~ . ~~. .~~.`-'~ .. $ ..~,.6~3.71 ITEM s. En ineerin char e ~q 9 9 g Hof I#em 4: 2 ~8"equivalent portion is $ ~ ~ of $" equivalent in Item 3) ~ 4, 3$6. $0 ITEM 7. 5°/° Finance Administrative fee ~6°I° X Item Say; $ - 8~.. ~2 -~-~~ ITEM 8. Interest on short-#erm construction financing; $ 452 , 7$ ITEM 9. other charges: $ ITEM 10. $ 24,731. $5 ITEM 11, TOTAL ASSESSMENT per ordinance $ ITEM 12, City's share of cost far completed contract Work ACK Direct Costs Eng. Fee ~a~ f b~ interest Total ~c7 ~dl {e} f fy . - - $ 1 0 .26 $ 1. $ 40.4 $ 2135~""~"" - ~ ~ 2E0~.O ~ 64 .8 ~ 66.66 ~ 3520.§ Intersections $ $ 20$. $ $,~.~.._ $_113, • ,~~„~„ Total: Not subject to fi°/° Finance Fee $ 41 I~ . ~,.4 $ _ 1246.5 ' $ 12 5 $ ]g , ceardr # ITEM ~3. Deferred Assessments included in item 12. Eugene Cade 7.197). Advanced Pram Fund .,~. , „_..,,~,~ , AJE # $ ITEM 14, Casts not lienable included in Item 12 - funded by City accounts. Extratarritariai ACK; Vacant outside City limits ACK: Bankrupt accounts ACI{; NOTES; __w_-_. i Standard project! I.IO created 711191 or later ~ ~ - , . ~ 10191 FARM ~`1 Z74b t ,„ ~9g~y FINDINGS AND RECOMMENDATIONS SUBJECT: PAVING, CURB, GUTTERS AND STORM SEWER 14TH AVENUE FROM LINCOLN STREET TO ALLEY 150-FEET WEST (JOB #2755) (CONTRACT # 92-09) BACKGROUND ' This project was initiated by a petition from the property owner. The property petitioning for the improvements represents 50 percent of the project frontage. The City awns the other 50 percent of the frontage that would bear an assessment. Based on the petition, the City Engineer initiated the project, as provided for in the Eugene Code 7.160~8~ on September 10, 1991. The property owner was notified of the pending local improvement district hearing 10 days prior to the hearing. The local improve- ment district was authorized by the Council on May 11, 1992. The low bid was submitted by Eugene Sand & Gravel, Inc. for an amount of $18, 520.00. Af ter. review by staff , the bid prices were found to be acceptable. PROJECT The project included street paving, curb and gutter, and storm sewers. The storm sewer system for this project was requested by the property owner. The property petitioning for this improvement has a recorded "Restrictive Covenant to waive Remonstrance" against it. ASSESSMENT Under City of Eugene assessment policy, 38.91 percent of the improvement costs will be assessed to the abutting property owner, with the balance born by the City. City casts include $8,313.71 for Amazon Channel, $2,135.44 for the intersection of 14th and the north/south alley, $3,520.56 for the intersection at 14th and Lincoln Street and $1,138.44 for sidewalks. The costs to be assessed are shown below: Paving $ 55.42/front foot Storm sewer $ 767.O1/lump sum Driveway $ 542.98/lump sum Costs listed below are the Engineer's estimate calculated from the low bid. Paving $ 64.93/front foot Storm sewer $ 83O.64/lump sum Driveway $ 328.96/lump sum J.' fj J~~ ~f% sTAFF RECO~xnATIoN The final 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. PUBLIC HEARING A public hearing regarding the proposed assessment was set far 6:4a p.m, on October 13, 1992, in the first floor conference room of City Hall II. However, the property owner did not express an interest in the hearing and it was canceled. The Hearings Official received a Memorandum from the City Engineer outlining the above project. Based upon the available information, it is the finding of the Hearings Official that this project was initiated and bid in accordance with the provisions of the Eugene Code. It is the further finding of the Hearings official that this project has and will benefit the health, safety and welfare of the citizens of Eugene. It is the further finding of the Hearings Official that the assessments as set forth in the Recommendation of Staff are consistent with the Eugene Code. Finally, it is the finding of the Hearings Official that the proposed assessment are for a local improvement as set forth in ORS 314.140 because: 1. The assessments do not exceed actual costs; 2. The assessments are imposed for a capital construction project which provides a specific benefit to a specific property or rectifies a problem caused by a specific property; 3. The assessments are imposed in a single assessment upon completion of the project; and 4. The assessments allow the property owner to elect to pay off with interest aver at least 10 years. Therefore, it is the recommendation of the Hearings official that City Council approve the assessment distribution as recommended by staff, r ~ Jack A. Billing Hearings Official MEMORANDUM actober l2, 1992 To: Hearings official FROM: Les Lyle, City Engineer SUBJECT: PAVING, CURB, GUTTERS AND STORM SERER 14TH AVENUE FROM LINCOLN STREET To ALLEY 150--FEET WEST ~J4B #2755} t CONTRACT # 9 2 ~- 0 9} BACKGROUND This project was initiated by a petition from the property owner. The property petitioning for the improvements represents 50 percent o f the project frontage . The City owns the other 5 0 percent o f the frontage that would bear an assessment. Based on the petition, the City Engineer initiated the project, as provided for in the Eugene Code 7.1608} on September 14, 1991. The property owner was notified of the pending local improvement district hearing 10 days prior to the hearing. The local improve- ment district was authorized by the Council on May ll, 1992. The low bid was submitted by Eugene Sand & Gravel, Inc. for an amount of $18 , 52 0.0 ~ . After review by staff , the bid prices were found to be acceptable. PROJECT The project included street paving, curb and gutter, and storm sewers. The storm sewer system for this project was requested by the property owner. The property petitioning for this improvement has a recorded "Restrictive Covenant to Waive Remonstrance" against lt. ASSESSMENT Under City of Eugene assessment policy, 38.91 percent of the improvement casts will be assessed to the abutting property owner, with the balance born by the City. City costs includes $8,313.71. for amazon channel, $2,135.44 intersection of 14th and the noLth/south alley, $3,520.56 for intersection at 14th and Lincoln Street and $1,138.44 for sidewalks. The costs to be assessed are shown below: Paving $ 55.42/front foot Storm sewer $ 767.01/lump sum Driveway $ 542.98/lump sum f' 14TH AVENUE - HEARING MEMq october 12, 1992 Page 2 Costs listed below are the Engineer's estimate calculated from the low bid. Paving Storm sewer Driveway REC~MMENDATI~N $ 64.93/front foot $ 830.64/lump sum $ 328.96/lump sum The final 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.