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HomeMy WebLinkAboutOrdinance No. 19949ORDINANCE NO. AN ORDINANCE LEVYING ASSESSMENTS FOR PAVING CURB. GUTTERS. SANITARY AND STORM SEWERS ON WEST 2ND AVENUE FROM CLEVELAND STREET T4 GARFIELD STREET; AND DECLARING AN EMERGENCY, CONTRACT 93-~1~ The City Council of the City of Eugene finds that: 0n the 24th day of March, 1992, as authorized in the Eugene Code 7.16D~8} the City Engineer initiated the proposed local improvement consisting of paving, curb, gutters, sanitary and storm sewers on West 2nd Avenue from Cleveland Street to Garfield Street . After due notice and a public hearing thereon before the hearing official, and no remonstrances having been filed, an the 25th day of January, 1993, the City Council formed the local improvement district and authorized construction of the local im- provement. The actual cost of the local improvement is ascertained to be $354,652.93 and the amounts to be assessed to and barne 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 7.17D 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 subs ect 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 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 cast of the local improvement compris- ing of paving, curb, gutters, sanitary and storm sewers on West 2nd Avenue from Cleveland Street to Garfield Street is $354, 65~ .93 of which $107,069.63 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- meat district as set forth on the assessment roll attached as Exhibit C hereto and incorporated herein by reference. CRDfNANCE - 2 Sectian 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.Q22 through 2.24. 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.Q22 through 2.424 plus a service charge to be determined by the City Manager as provided in E.C. 2.42. 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 lat, part of lot ar 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 ORDINANCE ~ 3 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 docl~et of City Liens. Section fi . 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 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 cast 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 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. 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Q }"'~ ~. o•• 3 ~ [~ (/? mo Eo mN ~w (!1 N U1 i I~l N C~ 1~1 N C~7 [T1 N (7 I~'T N C7 Q ~ CDC COC CDC COC ~ m ~7NC7 nNC7 ~7N© L7N© ~ (!7 mNO mNO mNO mNO rp --~ z m z m z r~ z m -~ mc...~m mc....o~ mc~oo mc~cA N mD mD mD mD --~ z m n -n n --n n m n ~ o ^-~n~ a~,~ om~ o-T,~ -~ ~m 7arn ~m ~m a y ~vr ~r ~r ~r -~ C ~n ~otnc ~ocnc ~ocnc ~ocnC ~ m ~m •~o~ •io3 •~o~ •ro3 ~ z ~cn ~z00 ~z0~ ~Zf7C7 -~ZCX7 rr C N~ © R7 ~ I'Tl O m ~ FT1 -a• m W N (J"! (J} ~7 Cll (/? ~] {TI V7 ;C7 U1 V7 ,~ O ~ ~ ~ -E ~ •~I ~ (I1 p n C7 C~7 (7 ~ 0 o n o cn N 0 W FT'i ~C H CA H m {.~ O w ~.~N ~ B l~T ~~ B ~~ FINDINGS AND RECOMMENDATIONS SUBJECT: PAVING, CURB, GUTTERS, SANITARY AND STORM SEWERS ON WEST 2ND AVENUE FROM CLEVELAND STREET TG GARFIELD STREET CONTRACT 93-O1~ JOB #2825} BACKGROUND This improvement project was initiated by a petition from a property owner who has agreed to bear 100% of the assessable cost. The properties petitioning for the improvements wi11 bear 26% of the total improvement costs. Per an Intergovernmental Agreement between the City and Lane County, dated October 27, 1992, Lane County agreed to, provide funding under the County's Economic Development Assistance Program for Road Fund eligible costs X74% of improvement costs). Based on the petition, the City Engineer initiated the project, as provided for in the Eugene Code 7.1608} on March 24, 1992 and the City Council formed the LID an January 25, 1993. The project has been completed and final assessment costs have been calculated. PROJECT The project included street paving, curb, gutters and sanitary and storm sewers. 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. Sanitary sewer lateral $ 0.0841sq, foot Paving storm sewer} $ 21.991front foot Lane County $ 247,583.30 Costs listed below are based on the engineer's estimate and preliminary costs quoted to property owners at the Local Improvement D1stnct heanng following bid vpen~ng: Storm & sanitary sewer $ 0.251sq. foot Lane County $ 276,774.68 Based on a request of the owner, the costs are being distributed on a percentage basis, to the 12 lots within the subdivision and the Tamberlane costs were established by standard assessment procedures. The final unit assessable casts are broken out as sanitary and storm sewers verses a combined rate quoted at the time of LID formation. The storm sewers costs are being calculated on a per front foot bases since all lots front the street and results in a d~stribut~on acceptable to the owner. Cne hundred percent of the assessable casts for the storm and sanitary sewers are being born by the owner and the code provides the flexibility to distribute in this manner if requested by the single effected party. RECOMMENDATION A public hearing regarding the proposed assessment was scheduled far 6:00 P.M, on November l8, 1993. No request to be heard or written testimony was received. However, the Hearing Official received an November 17, 1993 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 Official that the final improvement costs are lower than quoted at the local improvement hearing, are less than most projects of this size, and that the assessments have been properly calculated as to the benefitting properties. EXHIBIT "B" Findings and Recommendarions --1ob #2825 November 29,1993 Page 2 of 2 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 aRS 3 l o. X40 because: ~ 1 } The assessments do not exceed actual costs; ~2} The assessments are imposed for a Capital Improvement Construction Project which prvv~des a spec~hc benefit to a spec~~c property or rectifies the 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, the Hearings Official recommends that the City Council adopt an ordinance for the assessment as set forth by the City Engineer. Respectfully submitted, ,~ Gary arnielle Hea gs Ufficial MEMORANDUM November 17, 1993 T4: Hearings Official FROM: Les Lyle, City Engineer SUBJECT: PAVING, GURB, GUTTERS, SANITARY AND STORM SEWERS GN WEST 2ND AVENUE FROM GLEVELAND STREET T4 GARFIELD STREET {CONTRACT 93-01~ {JGB #2825} BAGKGRaUND This improvement project was initiated by a petition from a property owner who has agreed to bear 1 QO% of the assessable cost. The properties petitioning for the improvements will bear 26% of the total improvement costs. Per an Intergovernmental Agreement between the City and Lane County, dated October 27, 1992, Lane County agreed to provide funding under the County's Economic Development Assistance Program for Road Fund eligible casts ~74% of improvement costs. Based on the petition, the City Engineer initiated the project, as provided for in the Eugene Code 7.160~5~ on March 24, 1992 and the City Council formed the L1D on January 25, 1993. The project has been completed and final assessment costs have been calculated. PROJECT The project included street paving, curb, gutters and sanitary and storm sewers. ASSESSMENT Under City of Eugene assessment policy, 10Q percent of the assessable costs will be distributed to the abutting property owners. Below are the final unit assessable costs. Sanitary sewer lateral Paving ~starm sewer Lane County $ 0.0841sq. foot $ 21.991front foot $ 247,583.30 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: Storm & sanitary sewer $ 0.251sq. foot Lane County $ 276,774.68 HEARING MEMD -WEST AND AVENUE November ~ 7, 1993 Page 2 RECOMMENDATION Based on a request of the owner, the costs are being distributed on a percentage basis, to the 1 ~ lots within the subdivision and the Timberline costs were established by standard assessment procedures. The final unit assessable casts are broken out as sanitary and storm sewers verses a combined rate quoted at the time of LfD formation. The storm sewers costs are being calculated on a per front foot basis since all Pots front the street and results in a distribution acceptable to the owner. One hundred percent of the assessable costs for the storm and sanitary sewers are being born by the owner and the code provides the flexibility to distribute in this manner if requested by the single effected party. Staff recommends approval of the assessment distribution.