Loading...
HomeMy WebLinkAboutOrdinance No. 19896ORDINANCE NO. AN oRDINANCE LEVYING ASSESSMENTS FOR PAVING, SIDEWALKS~- SANITARY AND STORM SEWERS WITH 8TH ADDITION To PANORAMA VIEW PLAT; AND DECLARING AN EMERGEN- CY. CONTRACT 92-Q7~ The City Council of the City of Eugene finds that: on the 1st day of June, 1989, as authorized in the Eugene Code 7.1 G 0 ~ 8 } the City Engineer initiated the proposed local improvement consisting of paving, sidewalks, sanitary and storm sewers with 8th Addition to Panorama view Plat. After due notice and a public hearing thereon before the hearing official, and nv remonstrances having been filed, on the 27th day of April, 1992, the City Council farmed the local improve- ment district and~~authorized construction of the local improvement. The actual cost of the local improvement is ascertained to be $138,150.93 and the amounts to be assessed to and borne by the specially benefitted 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 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 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 DQES oRDAIN AS FOLLaWS: 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 ?.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, sidewalks, sanitary and storm sewers within Panorama View Plat is $138,150.93 which 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 benef fitted ORDINANCE - 2 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 20 semi-annual installments, including principal and interest at the rate and on the terms set by the City Manager as provided in E.C. 2.020 through 2.024. 4.2 If the property owner so elects, in up to 120 monthly installments, including principal and interest at the rate and on the terms set by the City Manager as provided in E.C. 2.020 through 2.024. 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 d . 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 7.194 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. The assessments levied herein are characterised for purposes of the property tax 1 imitat ion 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 ar foreclosure of assessments levied by this ordinance shall be deposited to the city funds which advanced the cost of construc- tive, engineering and related expenses or which are used to retire any indebtedness incurred by the City far this improvement. Section 9. That the matters contained herein affect the public welfare and safety and therefore, declared to exist, and this ordinance immediately upon its passage b the Cit Y Y the Mayor, retention by the Mayor for readoption over a mayoral veto by two-thi Council. an emergency is hereby shall become effective Council and approval by more than ten days, or rds of all members of the ORDINANOE - 4 Passed by the City Council this ~~ day of ~~„~,,~~ ~, 199 G1 City Reco er Approved by the Mayor this ez~ day of , 199 Mayor ORDINANCE - 5 iy696 ~ v n 3 ~ ~ o n~ 0 ~ N 1. ~ ~ f"}' !'~ fA tD '7 0 -~ n ~ au ~ ort ~ n .a~ !'t v' -v z n ~ A n~ r~ ~ o z ~ .. ~~ O t~ ~ ~ ~~~ ~. ~ n a ~ ~ ~o ~ 3 ~p a ~ N ~ W r .. ': ~"+ ~ O O -~ ma o © b ~C tV 1I ~ ~ N ~ Z 00 ~ r t~ w o ~• o -~ o nN rn~ xo -~ m m~ za Nr ~. ~ o cn z• v~ ~a z ~~ c~ za f7 ~ 70 -C m ~~ -~ m om ~~ ~~ c• rn ~a z O v 3 O ~c a z z 00 v v -~ w Q z -~ v ..,, ~ ~ ~+ ~~ .... ~~ ~~ ~ w .~ o~ a 3 ~Q a N r~ n N N N 'II -~ ~ N ~an-~ ~ ~, rt Ok -< (D A c~No ~, ~, cn ra ~ rtN (D N ~ ~ ~m .ff c ~ c~ ~c Nm rt -roz m ~n vm ~~ ~v ~N ~~ cn o N W Co po pp 00 pp ~ Oo ~ m ~~ w vo ~© ~vo vo ~o ~v ~o vo x ~ rt ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~ roro o© o© ' o0 00 ov ov vo vo o ~~.. T3 N ~ N ~ N "Q N ~ N ~ (V 'Q N ~ N rt ro~ ~ ro~ 0~ fpm rD~ ro~ ro~ 0~ ~..~ 7W ~W '7W "7W ~W ~W ~W ~W ..~ rt ~ `C© rt ~ Ko rr ~ Kv Ko Kv Ko .Cv rt ~ Kv W~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ © ...i v 3 v ,,,a p ,.,,~ v~ ~~ v~ v ,~ ~ ,~ roo roa roo roo ro© va ro© ro© 3,0 Vy0 V1o NQ U1© VSO V10 N© fAQ ~4 n n n n n n n n ~ ~ ~ ~ ~ ~ ~ ~ Y rt r\ rt i rt rt rt rf rt ~} 0 ., \ 0 r\ 0 ~\ 0 ..r\ 0 «r\ 0 ~\ 0 ~\ 0 ~ o 3 a \. .. .. .. .. .. .. .. [ rt ~ ' y 0+ tri .~ W !V -~ ro ~ ro ~ ~O rG rp r© rp r'O rp r0 ~ n ° ° o 0 0 0 o ra v n m N N N N ..~ ~ ~ ~ o ~\ r o • "'' ^ N p 'Q p0 ~1 ~ ^ ^ ^ r • n rA m ux W ao W v~ W rt W 0 o r ~ ^ © o v o o .. n n n n n n n ~ ~ ~ ~ ~ ~ ~ ~ ~ z ~" ~' yr ~ .~' ~ -, -~ ~ ~o o ~ .~ ~ ~ o N A 'V ~ `~ ~ O 3 n a a ~ ~ ~ ~ ~ o a N Z -~ z ..~- z -~ y~ a .,,~ b OW ON OW Z~ z~ zW zQ~ ~..~ y ""y aW n0o aW ~~ ~W ;C~..~ ~+0 T7 A mN 3y 3-~ 30~ a-s ~~ a~ nN "7 N ~'8 n0` n0a a~ 3tn 3W 3N 3v 0 Vi 4o 'y CN C~ Cb a. N a. ~ a. ~ a. ' ~ ro n - ro n to rn = m m m .... ~..~ -.. ,.., ro 7 ~ ro ~ ~ ~ m m m m ~ rt ro n -~ © ~ 07 Do r v ~ ~ -~ oa Qa 00 0o a ~u n ~t m ~ ~- ~ .~ n n ~, _ _ _ = o roa o v v v a a ~ ~ ~ ~ ~°, N z v v v v v v v ~ Nro„ '~ ~ -~ v v v v -~ rt~ -~ -~ -~ w ~, ~ ~ ~ rv N O O o ~ ~ ~ ~.. ~ .,,, -~ ~ ~ ~ z z Z o © , O ,,,,~ © N i ~ m 40 O 1 ~ f 1' Q © VI ~rn rt roz m v ro ~ \ n ro 0. w v N Qa m'vm m~ai rnvm mwW mvm rnvw m~aa mvw p c m c m c m c m c m c m C m c m ~ non non non non non non non coon ~ m~ m~ m~ m~ m~ m~ m~ m~ ro =var zwr zr~r zvar zwr zwr zwr zWr ~ mpm mOm mOm mpm mOm mpm mOm mpm X -[ X ~ X ~[ X -< X -C ~C ~ X~ X -t w+ ODoN C?CON p00N OOaN OObN QDoN QDaN 000N ~+ :n©m :nom wom x~©m :vom ~©rn ~©m morn 0 `0r 'pr `fir"' ar ~r ~0r r0r ~r ~ ~n `Q r ~D r +4 r ~0 r ~p r ~p r ~p r ~q r ~ -a m v Z y z y z y z N z y z y z y z ro ~N .~ m .~ m .~• rn ~* rn ~ m ~ m ~ rn ~ rn rt N v O :G O ~ D ~ O ~7 © 7~7 O 7C O 7d © 7Q ~~ ~ N ~ cn nv ~~ N G7 ~rn a ©~ w 0 a r C7 O N 0 m C'7 m n i /w W w,i 0 w -~ v r, ~ ~ ~+ rt- ro ., . ~~ -+ i ~~ N ~ cn n ~ wv -~ n N o o ~ o+ ~ ~ '~ y ~'~ ~ N 3 ~0 m ~ ~ m ~ ZN ~ A~ o ~ rt f7 p 7' © Q rt -~ n ~ n o a. z ~ ~ ~.,o r .. .. ~ ~ rt " ~ ~D N `C A ~ .. _ ~ cD a ~ ~ ., ~ ~ m .. m d N aoo ~ N 0 3 ~ 'p N ~ -o m ,~ ~ b a a z oo ~ ~o z n -~ ~v ~ N o n r~ 0 1 ~ o -n ~ ~ p a C O rt rt p 3 7 7l7 ~~ r, O A rF ip (p V N N ~ ~ ma w m ~ rt ~ s~ rt n 0 ~" ,~ 7 ~~ C ~" (n .~ 4 C ~rt ~ as a ~~ m 3 ~ o a ~ © n o v N v ~ .~ o z ~o ~ cn n -~ rt 1 (n r~ .~ ~ (~ ~ "~ r~ m m N ~ N' ~+ ~ a m ru cn p z ~ ~ vy rtro„ ~, ~ © v cn ~ -•~ cn rp m O ~r o "r'~ ~ rt C W N . Q' ~ G~ C C K Z rt N m n r~ rt ~ p(pz rn ~~ cn m W po ©O . . v ob o vw w • v o ~ o w ~n -~ m ~~ N '[7 l~ N v Vi U7 O "C- s N~ ~a N C1 u~ m o .~ 1989'6 ~INDEVGS ~ REco ATIoNs SUBJECT: PAVIlVG, SIDEWALKS, SANITARY AND STORM SEWERS $TH ADDITION To PANORAMA vIEW PLAT CONTRACT #9~-47~ ~ACKGROVND This project was initiated by a petition from property owners. The properties petitioning for the improvements will loo 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 December 5, 1991. The property owners were notified of the pending local improvement district hearing to days prior to the hearing. The local improvement district was authorized by the Council on April 27,1992. The low bid was submitted by Babb Construc~.on Co, Inc. , dba Delta Construction Company in the amount of $92,190.20. The project construction is now complete and final assessments have been prepared and property owners have been no~~ied. PROJECT The project included construc~.on of 656-feet of 36-foot paving, Soo-feet of sidewalk, 745- feet of 8-inch sanitary sewer and 376-feet of 12-Inch storm sewer. ASSESSMENT Under City of Eugene assessment policy, loo percent of the assessable costs will be distributed to the abutting property owners. Based on final costs, the unit assessable costs are: Sidewalk (5-feet wide) Paving (36-feet wide) Sanitary sewer Sanitary service Storm sewer $ 16.33/per front foot $ 82.75/per front foot $ .22/per square foot $ 412.86/each $ .22/per square foot Costs listed below are the Engineer's es~mate and preliminary costs quoted to property owners at the initial Lacal Improvement District hearing following bid opening: rlr Sidewalk (5-feet wide) Paving (36-feet wide) Sanitary sewer Sanitary service Storm sewer RECONIlVIENDATI~N $ 20.07/per front foot $ 77.53/per front foot $ .26/per square foot $ 451.00/each $ .21/per square foot The Hearings Official received a Memorandum from the City Engineer outlining the above information. Based upon the available informa~on, it is the finding of the Hearings Official that this project has been initiated, bid and constructed in accordance with the provisions of the Eugene Code, It is the further finding of the Hearings Official that the assessments have been properly calculated as to the benefitting properties. Finally, it is the finding of the Hearings Official that the proposed project is one far the which the assessments are for a local improvement as set forth in ORS 310.140 because: 1. The assessments do not exceed actual costs; 2. The assessments are imposed for a Capital Construc~on Project which provides a specific benefrt to a specific property or rectifies a problem caused by a specific property; 3. The assessments are imposed in a single assessment upon complerion of the project; and 4, The assessments allow the property owners to effect to pay off with interest over at least ten ~ 10} years. Therefore, it is the recommendation of the Hearings Official that the City Council approve assessment of the benefitting properties as determined by the City Engineer. Respectfully Submitted, Jack A. Billings Hearings Official -2-