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HomeMy WebLinkAboutOrdinance No. 19912ORDIN~iNCE No. '~ ~~ AN ORDINANCE LEVYING ASSESSMENTS FOR PAVING, CURB AND GUTTER, STORM AND SANITARY SEWERS IN CHAD DRIVE FROM 1,400-FEET WEST OF OLD COBURG ROAD To 300-FEET WEST OF OLD COBURG ROAD; AND DECLARING AN EMERGENCY. CONTRACT No. 92-21} The City Council of the City of~Eugene finds that: on the 3rd day of January, 1992, as authorized in the Eugene Code 7.1608} the City Engineer initiated the proposed local improvement consisting of paving, curb and gutter, storm and - sanitary sewers in Chad Drive from 1,4oo-feet west of old Coburg Road to Soo-feet west of old Coburg Road. After due notice and a public hearing thereon before the hearing official, and no remonstrances having been filed, on the 22nd day of June, 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 $403,273.03, and the amounts tv be assessed to and borne by the specially benef fitted property and to be borne by the City ar 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 7.17o 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 ORDINANCE - 1 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 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 7.160 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 and gutter, storm and sanitary sewers in Chad Drive from 1,44o-feet west of old Coburg Road to 304-feet West of old Coburg Road, is $403,273.43 of which $ 282,818.26 is hereby assessed against the parcels of property hereinafter described in the amounts set opposite, respectively. Of the total actual cast $19 , 8 51.OS is for storm and sanitary sewers to serve and benefit a parcel of property presently outside the city limits. This property is more particularly described in Lane County official Retards, Reel 1843, Instrument No. 92-63538 and in the Lane County ORDINANCE ~- 2 Tax Records as Tax Lot 17-43-1604-02100 therein called Extra- territorial Loth. The Extra-territorial Lat is not being assessed as part of this Ordinance but may be assessed at a later date if at the time it is annexed to the City or obtains a permit under Eugene Code section 7.055 ar 7. fl65 to connect to either the sanitary sewer or the storm sewer, it fails to pay the $19,851.08 plus interest from ten days after the effective date of this ordinance or an equivalent assessment, whichever is greater. 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 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. ORDINANCE - 3 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 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 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 in installments according to the terms set forth in Section 4 of this ordinance. Section ?. The assessments levied herein are characterized for purposes of the property tax limitation in Section 11b, Art, XI of the Oregon Constitution as assessments for a local improvement not subject to the limitation of $10 per thousand of real market value. ORDINANCE - 4 Section 8. Any assessment remaining unpaid and for which no application for installment payments has been received may be foreclosed as provided by law. The proceeds from the payment or foreclosure of assessments levied by this ordinance shall be deposited to the city funds which advanced the cost of cvnstruc-~ Lion, engineering and related expenses or which are used to retire any indebtedness incurred by the City for this improvement. Section 9. That the matters contained herein affect the public welfare and safety and therefore, declared to exist, and this ordinance immediately upon its passage by the City the Mayor, retention by the Mayor for readoption over a mayoral veto by two-~thi Council. Passed by the City Council this ~`~ ay of_ ~~L , 1993 ~"• Cl City ecorder cm/a;chad.ard an emergency is hereby shall become effective Council and approval by more than ten days ar rds of all members of the Approved by the Mayor this ~~ day of ~~ , 1993 Mayor ORDINANCE - 5 i D ~w o~ 'o a ro 0 ~o rt r ~c o ON [D O ~o n ~, rt 0 ~~ p 0 N ~ O Do ~o N b y a z Oo W ~0 W i. 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N N 'p ~» ~ N ~ ~ n~ ~ ~ ~, ~ a~m~ ~~ v m ~~ ~ a U! fD N rt rtN~ ~ s~ ~ ~~ ~ N ~ Q N N c ~ rt m rD ~~ 7 7 0 D. ~ m J N m c ~~ ~ ~ c~ oN ~ rr m ~~z t~ -o m 0 rt ~] f7 ~m -~ ~ N '~ Vf N O U1 N© `n N~ ~d ~Q (A ~ f~ b O~ ..1 FaavDINGS AND RECOn~vDAT~~NS SUBJECT: PAVING, CURB AND GUTTER, STORM AND SArTITARY SEWERS IN CHAD DRIVE FROM 1,400 FEET WEST OF OLD COBURG ROAD TO 300 FEET WEST OF OLD COBURG ROAD (JOB NO. 2801) BACKGRGUND This improvement project was initiated by the property owners by petition dated November 6, 1991, The properties petitioning for the improvements will bear 79 percent of the improvement costs. Based on the petitions, the City Engineer iniriated the project, as provided for in the Eugene Code 7.160$), on January 3, 1992. Property owners were notified of the pending award hearing l0 days prior to the hearing. The local improvement district was authorized by Council on June 22, 1992. The low bid was submitted by Eugene Sand & Gravel, Inc, in the amount of $300,337.90. The project construction is now complete, final assessments have been prepared, and property owners have been notified. PROJECT This project included 1,150 feet of paving, 2,295 lineal feet of curb and gutter,1,452 lineal feet of .10-inch sanitary sewer, 821 lineal feet of 48" storm sewer, 1,120 lineal feet of 30" storm sewer and widening and deepening of the north Beltline floodway. ASSESSMENT Under City of Eugene assessment policy, 100 percent of the assessable costs will be distributed to the abutting property owners. Below are the f nal unit assessable costs. Paving (44-foot wide) Storm Sewer Sanitary Sewer $ 61.34/front foot $ 00.14/square foot $ 00.13/square foot Costs listed below are based on the Engineer's estimate and preliminary casts quoted to grope ~Y owners at the Local Improvement I3istrict hearing following bid opening: Paving (44-foot wide) Storm Sewer Sanitary Sewer $ 68.74/front foot $ 00.15/square foot $ 00.14/square foot -1- STAFF RECD ATION The final improvement costs are lower than quoted at the local improvement hearing, and are comparable to typical projects of this size, Staff recommends approval of the assessment distribution. Property owners were notified of the final assessment hearing. No phone calls or written responses were received, when city staff subsequently phoned the majority of property owners, it was determined that no hearing was needed. HEARIlIIGS ~FFTCIAL RECD ATI~N The Hearings Official received a Memorandum from the City Engineer outlinuag the above information. As noted, no public hearing was held because no property owners expressed an interest in such a hearing. It is the finding of the Hearings Official that the assessments as set forth above have been properly calculated by the City Engineer Staff in accordance with the provisions of the Eugene Code. It is the further finding of the Hearings Official that the proposed project is one for which the assessments are for a local improvement as set forth in ORS 310.14 because: (1) The assessments do not exceed actual costs; ~2} The assessments are imposed for a Capital Improvement Construction Project which provides a specific benefit to a specific property or rectifies a problem caused by a specific property; t3) 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 the City Council adapt a resolution for the imposition of the assessments as determined by the City Engineer. Respectfi~lly submitted, J~ ./ lack A. Billings Hearings Official _~_