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HomeMy WebLinkAboutOrdinance No. 19921ORDINANCE NO. ~ `~t ~~ AN aRDINANCE LEVYING ASSESSMENTS FCR CHANNEL CLEANING SPECTRA PHYSICS -SPLIT FLG1N CHANNEL! WETLANDS ENHANCEMENT; AND DECLARING' AN EMERGENCY. €CCNTRACT 92-33y ~ ~<~:a.:- .y The City Council of the City of Eugene finds that: Cn the 11th day of September, 1994, as authorized in the Eugene Code 7.16045} by Resolution No. 4138 the City Council initiated the proposed local improvement consisting of split flow channellwetlands enhancement on Spectra Physics property 4channel} . After due notice and a public hearing thereon before the hearing official, and no remonstrances having been filed, on the 28th day of September, 1992, the City Council formed the local improvement district and authorized construction of fihe local improve- m e nt. The actual cast of the local improvement is ascertained to be $94,315.97 and the amounts to be assessed to and borne by the specialty benefitted property and to be borne by the City or others has been determined in accordance with' applicable pravisians of the Eugene Cade, 1971 and as set Earth in Exhibit A attached hereto and incorporated herein by reference. The City Council has established the method of calculating Local improvement assessments in Sections 7.174 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 na remonstrances having been flied, 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 official's findings and summary of the hearing, and based thereon, THE CITY QF EUGENE DQES QRDAIN AS FDLLQWS: 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 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 comprising of Spectra Physics -split flow channeflwetiand enhancement is $90,315.97 of which $44,555.97 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 loco! improvement district as set forth on the assessment roil 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 ORDINANCE - ~ 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 Tots, 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 semiannual 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 120 monthly installments, 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. ORDINANCE - 3 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 construction, 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 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 Approved by the Mayor this .~- . day of~ ~~ , ~~993 ay of , ~993~ City Record - Mayor ORDCNANCE - ~ FINDINGS AND RECON(MF.,NDATIONS SUBJECT: SPECTRA PHYSICS - SPLIT FLOW CHANNEL WETLANDS ENHANCE- MENT (JOB #259 (CONTRACT #92-33) BACKGROUND This improvement was initiated by the City Council on September 11,1989, by Resolution 4138, authorizing staff to proceed with design and bidding of the project, under provisions of Eugene Code 7.1(7}. The local. improvement district was formed by Councii on September ~8,199~. The project was authorized for funding by a combination of assessments against the abutting property owner and funds from the Special Public works Fund, ad .ministered by the State of Oregon, F.~onomic Development Department. The Lottery Grant funds were used to reduce the assessments to the property owner by 50.7 percent. The project has now been completed and final costs have been calculated and distributed. The final assessment notice was sent to the property owner ~Specixa Physics} along with information regarding the date, time and location of the he~uring. PROJECT The project included channel modification and wetlands enhancement (7,000 cubic years of excavation). The goal of the project was to create a modified floodway around the north boundary of the Spectra physics site. AssEssnwT Under City of Eugene assessment policy, 100 percent of the assessable costs will be distributed to the property owner. Below are final assessable costs. Tax Lot 17-04-33-20-43304 Tax Lot 17-04-33-20-03400 Tax Lot 17-04-33-20-03100 Lottery Grant Property owner assessment Total cost of project STAFF RECD ATION $1z,943,3~1Lump Sum $14,169.081Lump Sum $17,443.571Lump Sum $45,760.00 $44, 555.97 $0,315.97 Costs are appropriate for a project of this type. Staff recommends that the assessment for the project be distributed as set forth above. -1- PUBLIC HEARING Staff has indicated that the property owner is in agreement with the assessment distribution described above. Therefore, no public hearing regarding this matter was scheduled. The Hearings t3ff~cial has received a Memorandum from the City Engineer which outlines the above information. Based upon that information, It is the finding of the Hearings official that this project has been initiated and bid in accordance with the Eugene Code and will further the health, safety and welfare of the citizens of Eugene. It is the further finding of the Hearings C~ff~cial that the assessments for this local. improvement district are assessments for local Improvement as set forth in URS 310.140 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; ~~ ~3} The assessments are imposed for a single assessment upon completion of the project; and (4) The assessments allow 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 adopt a resolution assessing the property owner as set forth herein. Respectfully submitted, ~i%G~~ ~ Jack A. 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O Vl O N -~~ W N N N N Q 0~ ~ ~ ~ ~ {/J ~ t~ ~ (lf O ~o n a n ,o n ~ N Z N Z N Z ~ Z7 ' o z © z © z ~a •.• ~..~ ~..~ N L~ z z z ~rn ' o c~ c~ o w . MEMORANDUM May 26, 1993 T0: ~ Hearings Official FROM: Les Lyle, City Engineer SUBJECT: SPECTRA PHYSICS -SPLIT FLOW CHANNEL VIIETLANDS ENHANCEMENT JOB #2595} CONTRACT #92-33} BACKGROUND ~~ This improvement was initiated by the City Council on September 11, 1989, by Resolution 4135, authorizing staff to proceed with design and bidding of the project, under provisions of Eugene Code 7.1607}. The Iocal improvement district was form by Council on September 28, 1992. The project was authorized for funding by a combination of assessments against the abutting property owner and funds from the Special Public vUorks Fund, administered by the State of Oregon, Economic Development Department. The Lottery Grant funds were used to reduce the assessments to the property owner by 50.7 percent. The project has now been completed and final costs have been calculated and distributed. The final assessment notice was sent to the property owner Spectra Physics} along with information regarding the date, time and location of the hearing. PROJECT The project included channel modification and wetlands enhancement X7,000 cubic years of excavation. The goal of the project was to create a modified floodway around the north boundary of the Spectra physics site. ASSESSMENT Under City of Eugene assessment policy, 100 percent of the assessable costs will be distributed to the property owner. Below are final assessable casts. Tax Lot 17-04-33-20-03300 Tax Lot 17-04-33-20-03400 Tax Lot 17-04-33-20-03100 $12,943,321Lump Sum $14,169.081Lump Sum $17,443.571Lump Sum Lottery Grant Property owner assessment Total cost of project $45,760.00 $44,555.97 $90,315.97 RECOMMENDATION Costs are appropriate for a: project of this type. Staff recommends approval of formation of the local improvement district.