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HomeMy WebLinkAboutOrdinance No. 19933ORDINANCE NO. ~9~}~j AN ORDINANCE LEVYING ASSESSMENTS FoR SANITARY SEWER IN MADERA STREET FROM ALLANE AVENUE TO 4$5-FEET SOUTH; AND DECLARING AN EMERGENCY. CONTRACT 93 ~-10} The City Council of the City of Eugene finds that: on the 31st day of July, 1992, as authorized in the Eugene Code 7.1608} the City Engineer initiated the proposed local improvement consisting of sanitary sewers in Madera Street from Allane Avenue to 485-feet south. After due notice and a public hearing thereon before the hearing official, and no remonstrances having been filed, an the 6th day of April, 1993, 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 $30,096.70 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 . is 5 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 ado ted p 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 FOLLQWS: 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 8 and incorporated herein by reference, are hereby adopted. Section Z . The actual cost of the local improvement compris- ing of sanitary sewers in Madera Street from Allane Avenue to 485- feet south is $30,096.70 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 speciall benefitted Y to the extent of the assessment set forth. The Finance officer ORDINANCE r L~ 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 l2 0 monthly install -- meats, .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. 4RD~NANCE - 3 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 accordin to g 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 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 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. 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A~ ~w~ ~ ~ ~+ o ~~ ~ ~~ ono 3 rn•• ~ cn ~ ~ ~. o m m ~+ cn cn ~~ ~~ ~ ~ r~ ~ W -nom o~ ~ zo --ctc O n 3~ J•V1G7 D O c-t ~[ p ~[ cn m m c-r- ~ c~ r~ z ~ O~ c m cn o ~ --~ ~ n ~ J. m to m (~ ~ C -~ J. ~n am 3 Aa r•• n~ z W fTl O ~ O C N m o0 za co m mcDA m~A I'T'lN~1 0 -E ccnz Ccnz cN~ ~ o G}NC7 G)NQ G}o-I 3 C~'l ~TJ I~ ~ R'i N C7 CD ~ znm znrr+ z z -s ao mDy myA mm cn zcn ztn ~n ©0 00 ~~ ~ ~, omz or~z om~a ~, r~ ;~r ~r ~zr o ran F-., c~ ~-+ c~ o ~ --~ ~ n LoG)O ~G)O tDrr~ ~ -om V = 2 X12 2 ~! ~ sau (!7 ~ C/} ~-1z .~-Iz ~ rr p N~ D D QV] -~• C WN N ~ ~ N ~ ~ (TE --I O -~ 01 ~ ~'] ;~7 ~ 2 fl1O `C7 r [/7 ~ ~n N c~ ~m 0 o ~v W EXHIBIT B FINDINGS AND RECQMMENDATI4NS SUBJECT; SANITARY SEWERS oN MADERA STREET FRAM ALLANE AVENUE To 485-FEET SOUTH CONTRACT #93-1~} ~JoB #289U~ BACKGROUND This project was initiated by a petition from property owners and the need for a logical extension of public service, Property owners w~tlun the LID will bear 100 percent of the improvement cost. Based on the petition, the City Engineer initiated the project, as provided for in the Eugene Code 7.160~8~ on July 31, 1992 and the City Council farmed the LID on April 26,1993. The project has been completed and final assessment costs have been calculated. PRQJECT The project included 4S5 lineal feet of 8" sanitary sewer pipe and 2001ineal feet of 6' sanitary service lines. ASSESSMENT Under City of Eugene assessment policy,100 percent of the improvement costs will be distributed to the abutting property owners. Below are the final unit assessable costs. ,Sanitary sewer lateral $ 0.171sq. foot Sanitary sewer service $ 855.92~each Costs listed below are based on the engineer's estimate and preliminary casts quoted to ro e p P rtY owners at the Local Improvement District hearing following bid opening: Sanitary sewer lateral $ 0.191sq. foot Sanitary sewer service $ 974.OOleach RECOMMENDATION A public hearing regarding the proposed assessment was scheduled for 6:00 P,M. on August 31, 1993. However, because no persons indicated an interest in attending the hearing, it was cancelled. The Hearings officiial received an August 27; 1993 Memorandum from the City Engineer outhning the above ~nformatxon. Based upon the available information, it is the finding of the Hearings official that this project has been m~tlated, bid and constructed m accordance with the provisions of the Eugene, Cade. It is the further finding of the Hearings official that the final improvement costs are laver than quoted at the 1oca1 improvement hearing, are less than mast projects of this size, and that the assessments have been propertly calculated as to the bene~itting properties. Finally, the Hearings official finds that the proposed assessments are calculated in accordance with the Eugene Code and that the project is one for which the assessments are for a local improvement as set forth in ORS 314.140 because: (1) The assessments do not exceed actual costs; MEMORANDUM August 27, 1993 T0: ~ Hearings Official FROM: Les Lyle, City Engineer SUBJECT: SANITARY SEWERS ON MADERA STREET FROM ALLANE AVENUE TO 485-FEET SOUTH CONTRACT #93-1 q} JOB #289q} BACKGROUND This project was initiated by a petition from property owners and the need for a logical extension of public service. Property owners within the LID will bear 104 percent of the improvement cast. Based on the petition, the City Engineer initiated the project, as provided for in the Eugene Code 7.1608} on July 31, 1992 and the City Council formed the LID on Apri! 26, 1993. The project has been completed and final assessment costs have been calculated. PROJECT The project included 485 lineal feet of 8" sanitary sewer pipe and 200 lineal feet of 6' sanitary service lines. ASSESSMENT Under City of Eugene assessment policy, 100 percent of the improvement costs will be distributed to the abutting property owners. Below are the final unit assessable costs. Sanitary sewer lateral $ 0.17~sq. foot Sanitary sewer service $ 885.921each Costs listed below are based on the engineer's estimate and preliminary costs quoted to property owners at the Local Improvement District hearing following bid opening: Sanitary sewer lateral ~ 0.191sq. foot Sanitary sewer service $ 974.001each HEARING MEMa - MEDERA STREET August 27, 1993 Page 2 REC4IVIl~IENDAT[4N The final improvement casts are Lower than quoted at the Local improvement hearing and are .iess than most projects of this size. Staff recommends approval ofi the assessment distribution. VICINITY MAP