HomeMy WebLinkAboutOrdinance No. 19955ORDINANCE NO. ~~ 5 ~
AN oRDINANCE LEVYING ASSESSMENTS FoR SANITARY
SEWERS IN THE-RIVER ROAD AREA FoR BASINS "I",
"J", and "R";-AND DECLARING AN EMERGENCY
FINDINGS:
In the exercise of 'its discretion to determine what is
necessary or essential, the City Council has previously authorized
the construction of a sanitary sewer system in the Santa Clara
Area.
In Resolution No. 4374. adopted by the City Council on May 24,
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1993, the Council dir~~ted that sanitary sewers be constructed to
serve certain property that would be benefitted thereby.
On March 11, l9 9 3 , the City Engineer cal led for bids vn the
proposed improvement and based thereon has determined the final
cost. to construct the proposed improvement including local and
regional Systems Development Charges ~SDC} to be $5,456,764.13 of
which $4, 795, DSS. 91 is to be assessed to and borne by the specially
benef fitted property described in Exhibit C hereto, as provided in
Section 7.17D of the Eugene Code, 1971 ~E. C.} and E. C. 7.175.
A notice containing the information required by E. C. 7,185
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 at least ten days prior to the public
hearing before the Hearings Official. ~ At the time and place
specified therein, a Hearings official received the report of the
City Engineer and Finance officer as required by E. C. 7.157 ~1} ,
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heard all evidence and argument presented, fully considered the
same and has reported his adopted findings to the City Council.
Because of the general proximity of the sanitary sewers
constructed in Basins "I", "J", and "Ii", because the work was done
during the same construction season, because the historic public
notices, hearings, proceedings and information have been the same
for the specially benefitted properties, and because of savings in
engineering and administrative costs, it is equitable that the cost
of the three separate contracts under which the local improvement
has been constructed in 1993 be combined when calculating the
assessments for the individual specially benefitted properties.
Parcels for which sanitary sewers were constructed earlier but
which were not fully assessed until being included in this local
improvement district are to be assessed based on the same unit
values as the 1993 construction.
The extra capacity constructed in existing sanitary sewer
interceptor lines in the River Road and Santa Clara areas was done
with the intention and determination that the costs of that extra
capacity benefitted the property to be served by such interceptors
and that the costs therefore would be equitably spread to all
properties served within the River Road and Santa Clara areas.
The $O.fl25 per square foot local SDC included in the billing
equitably spreads such extra capacity costs to all the properties
in the River Rvad and Santa Clara areas. Without such extra
capacity to receive sewage the sanitary sewer laterals and service
lines recently constructed could not function and would not
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immediately benefit the abutting properties. None of the revenue~~~
received from the $0.025 local SDC will be used for projects to be ~~°
constructed outside the River Road and Santa Clara areas nor to
reimburse the City for projects it has constructed for other areas.
The affected property is also obligated under E. C. 7.745 to
pay a development charge for regional sewerage facilities prior to '
connection to the sanitary sewer regional development charge}.
Such charges may be paid in installments on the same basis as local
improvement assessments. As a convenience to the owners of the
affected property and as a means of avoiding multiple billings of
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accounts receivable to each affected property owner, the notice o~`~:: '~
assessment and the obligations created by this ordinance shall also
include the local and regional development charge.
The totals costs for this capital construction project are as
set forth on Exhibit A, attached hereto and incorporated herein by
this reference.
In these proceedings for the formation of the local improve-
meat district and the levying of special benefit assessments, the
City has afforded the owners of the affected property the same
notice, opportunity to be heard and all other rights and remedies
which the owners of property within the city have under the Charter
and ordinances of the City.
The City Council has reviewed and considered the assessment
report of the City Engineer and Finance officer and the findings
and summary of hearing prepared by the Hearings official, and based
thereon:
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THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. The Summary of the hearing conducted by the
Hearings official is hereby made a part of the Council's record in
these proceedings, and the above findings and the Hearings
Official's findings, including those regarding compliance with E.
C. 7.160 through 7.190, attached hereto as Exhibit B and incorpo-
rated herein by reference,. are hereby adopted.
Section 2. The costs of construction of the improvements,
including the overhead costs specified in E. C. 7.170 and whatever
other special costs,; such. as expenses incurred to obtain short--term
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financing and to defend legal challenges to the City's authority to
undertake these improvements, as are necessary to make the improve-
ments, as declared in the Hearings Official's findings are hereby
assessed against the parcels of land and lots hereinafter described
in the amounts set opposite, respectively. Notwithstanding that
the improvements in Basins "I" , "J'" , and "K" were constructed under
three separate contracts all costs of the improvements are
combined for the local improvement district as a whale and are
apportioned on that basis, The division of this local improvement
district into three areas is for engineering and administrative
convenience and has no relation to the manner in which costs are to
be assessed to individual specially benefitted properties within
this local improvement district.
Section 3. The City Council does hereby determine and
assess each parcel of land and lot being within the described local
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improvement 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
benef fitted to the extent of the assessment set forth. The Finance
Officer shall give notice of the assessments to the owners of the
assessed parcels and lots 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 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 adoption 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; or
4.2 if the property owner so elects, in 120 monthly install-~
menu, including principal and interest at the rate set by the City
manager as provided in E. C. 2.022 through 2.424 plus a service
charge to be determined by the City Manager as provided in E. C.
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Section 5. The parcels and lots herein assessed are also
obligated to pay a development charge for local and regional
sewerage facilities under E. C. 7.7x5. If the local and regional
development charge is unpaid at the time the notice required by
Section 4 of this Ordinance is sent, the local and regional
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development charge shall be included in the notice and shall be a
lien against the property to be paid along with the assessment asp
provided in this ordinance.
Section G. The City Recorder is directed to enter in the
docket of City Liens a statement in connection with each unpaid
assessment containing the following: '
6.1 A description of each lot, part of lot or acreage
specially benefitted by the local improvement;
6.2 The name of the owner or reputed owner thereof or that
the name of the owner is unknown; and
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6.3 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.
The City Recorder is further directed to file with the county
clerk a certified transcript of the assessments as required by oRS
z~4.o90.
Section 7. Upon enactment of this ordinance, the Finance
officer shall send notice of the assessments and local and regional
development charges by first class mail, postage prepaid, to the
owners or reputed owner of the assessed parcels containing the
information required by E. C. 7.19o and enclose therewith an
application for paying the assessment in installments according to
the terms set forth in Section 4 of this ordinance. Such notice
may also include information regarding programs that allow the
deferral of payment of the assessments for qualified property
owners.
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Section 8. `The unpaid assessments and local and regional
development charges~~nd any assessment to be paid in installments
that is in default .shall be foreclosed as provided in E. C.
7.225~2~ or collected as otherwise provided by law.
Section 9. Proceeds from the payment or foreclosure of
assessments levied by this ordinance shall be deposited to the City
funds as follows:
9.1 The determination to use a rate of $0.025/square foot of
total lot for the local system development charge under E. C.
7.705 et seq is ratified and the proceeds therefrom shall be
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used to reimbu~$e the City for the cost of the extra capacity
required in the sewer interceptor system to serve properties
within the River Road and Santa Clara area; and
9.2 The proceeds from the regional development charge shall
be deposited to the appropriate fund; and
9.3 The balance of the proceeds shall be deposited to the
City funds which advanced the cyst of the construction of the
sanitary sewer system serving the properties assessed herein
and may be used to reimburse the City for its casts in
constructing said sanitary sewer system or to retire any
indebtedness incurred by the City for that purpose.
Section 10. The matters contained in this ordinance affect
the public health, safety and welfare concerning the City's ability
to continue to finance the construction of sanitary sewers using
its sewer utility funds. Therefore, an emergency is hereby
declared to exist, and this ordinance shall become effective
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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
_(~day of ~~~ax . 1994.
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City Recorder
Approved by the Mayor this
day of °L~~ZLC. , 1994.
Mayor
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ASSESSMENT D~STR~BUT~ON not attached; it may be obtained by v~r~tten request to
the City Recorder's Office,