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HomeMy WebLinkAboutOrdinance No. 19897ORDINANCE NO. ~~~I~ AN ORDINANCE LEVYING ASSESSMENTS FOR PAVING AND STORM SEWER IN ALLEY BETWEEN 7TH AVENUE AND 8TH AVENUE FROM MADISON STREET TO BLAIR BQULEVARD; AND DECLARING AN EMERGENCY. CONTRACT 9Z-10} The City Council of the City of Eugene finds that: On the 28th day of October, 1991, as authorized in the Eugene Code 7.160~8~ the City Engineer initiated the proposed local improvement consisting of paving and storm sewer in alley between 7th Avenue and 8th Avenue from Madison Street to Blair Boulevard. After due notice and a public hearing thereon before the hearing official, and no remonstrances having been filed, on the 11th day of May, 1992, the City Council formed the local improve- ment district and authorized construction of the local improvement. The actual cost of the local improvement is ascertained to be $67,331.19 and the amounts to be assessed to and borne b the Y 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 Cvde, 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 arcels p of real property subject to the assessment more than ten days rior p 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 nv 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 A5 FoLL4WS: 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 and storm sewer in alley between 7th Avenue and 8th Avenue from Nfadison Street to Blair Boulevard is $67,331.19 of which $40, 604.73 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 an 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 to the extent of the assessment set forth. The Finance Officer ORD~Ni4NCE ~ 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 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 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 . 2.02 0 through 2.424. 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. Section ~. Upon enactment of this ordinance, the City Finance ORDINANCE ~ 3 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 this ordinance. Section 7. The assessments levied herein are characterized 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 construc- tion, engineering and related expenses or which are used to retire any indebtedness incurred by the City for this improvement. Seotion 9, That the matters contained herein affect the public welfare and safety and therefore, an emergency is hereb Y declared to exist, and this ordinance shall become effective immediately upon its passage by the City Council and ap royal b p Y the Mayor, retention by the Mayor for more than ten days, or readvption over a mayoral veto by two_thirds of all members of the Council. 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Based on the peti~.on, the City Engineer initiated the project, as provided for in the Eugene Code 7.1608} on C~ctaber 28, 1991. The property owners were notified of the pending local improvement district he~ari.ng 10 days prior to the hearing. The local. improvement district was authorized by the Council on May 11, 1992. The low bid was submitted by H & 1 Construc~on Co. in the amount of $46,237.50. The project construction is now complete and final assessments have been prepared and property owners have been notified. PROJECT The project included 390 lineal feet of 14-foot wide concrete alley paving, 340 lineal feet of storm sewer, and reconstruction of the intersectian~s~. ASSESSMENT Under City of Eugene assessment policy, 100 percent of the assessable costs will be distributed to the abutting property owners. Below are the final unit assessable costs, East Alley Paving $ 2.781per weighted front foot East Alley Paving $ 0.0251per weighted sq. ft. of property West Alley Paving $ 3.021ger weighted front foot West Alley Paving $ 0.0761per weighted sq. ft. of property Storm Sewer Service $219.511each Costs listed below are based on the Engineer's estimate and preliminary casts quoted to property owners at the Local Improvement District hearing following bid opening: East Alley Paving East Alley Paving West Alley Paving West Alley Paving Storm Sewer Service $ 2.841per weighted front foot $ 0.0251per weighted sq. ft. of property $ 3.341per weighted front foot $ 0.0841per weighted sq. ft. of property $241.021each _1_ REC(~N~MFt~TDATIUN The Hearings Official received a Memorandum from the City engineer outlining the above information. Based upon the available information, 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 Off~cial that the assessments, have been properly calculated as to the benef~tting proper~.es. Finally, it is the finding of the Hearings Official that the proposed project is one for 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 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 owners to elect 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-