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HomeMy WebLinkAboutOrdinance No. 19957ORDINANCE NO . t ~l ~7 S AN ORDINANCE LEVYING ASSESSMENTS FOR CONCRETE ALLEY AND DRAINAGE BETWEEN CHESHIRE STREET AND CLARK STREET, FROM JEFFERSON STREET TO MADISON STREET; AND DECLARING AN EMERGENCY. CONTRACT 93-~Z4} The City Council of the City of Eugene finds that on the 4th day of December, 1992, as authorized in the Eugene Code 7.1608} the City Engineer initiated the proposed local improvement consisting of construction of a concrete alley and drainage between Cheshire Street and Clark Street, from Jefferson Street to Madison Street. After due notice and a public hearing thereon before the hearing official, and no remonstrances having been filed, on the 26th day of July, 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 $39,921.61 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 7.185 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 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- vial's findings and summary of the hearing, and based thereon, THE CITY of EUGENE DOES oRDAIN~AS F4LL4WS: 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 7.19D 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 construction of a concrete alley and drainage between Cheshire Street and Clark Street, from Jefferson Street to Madison Street is $39, 921.61 of which $29,164.83 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. Section 4. The City Council does hereby determine that each oRD[NANCE - 2 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 effected 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 12 0 monthly instal l - menu, 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 benef~tted 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 ORDINANCE ~ 3 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 ~~rst 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. Sectian ?. Any assessment remaining unpaid and for which no application far 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 S . That the matters contained herein affect the public welfare and safety and therefore, an emergency is hereby declared to exist, and this ordinance shall became 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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Pro er owners within . p tY the LID suppart~ng the nnprovement wdl bear 5~ percent of the assessable cost. This ra'ect was a roved under the subsid r ~ P ~ • pp y p ogram with benefits applying where properb.es owners are eligible. Based an the petita.on pall letters}, the City Engineer initiated the project, as rovided for in the Eu ene Code 7.1 P g 608} on December 4,1992 and the City Council formed the LTD on 1u1y 2~, 1993. The protect has been completed and final assessment costs have been calculated. . PRQJECT The project included construction of a concrete alley and storm sewers with ad`ustments of surrounding property's were necessary to match the new facility. ASSESSMENT Under City of Eugene assessment policy, H 1 percent of the improvement costs will be distributed to the abutting property awners with the balance financed by the City. Below are the final unit assessable .costs. Alley paving $ 12.691firant foot Alley paving $ 0.141square foot Costs listed below are based on the engineer's estimate and prelimin casts uated to ro er awners at the L ~ ~ p P ~ oval Improvement Dzstnct hearing following bid opening. Alley paving $ 14.89/front foot Alley paving $ 0.17/square foot One property within the LID qualified for partial subsidy for the street assessment for a total subsidy alloca~an of $3,214.14. RECOMMENDATION A public hearing regarding the proposed assessment was scheduled for ~.~0 P.M. on Febru 17 1994. Nor nest to be heard or wri ~ • ' eq tten testimony was received. However, the Hearnng Off~c~al received an February 17, 1994 Memorandum from the City Engineer autlinin the above g information. Based upon the available informa~on, it is the finding of the Hearings Official that this ro'ect has been initiated bid and cons ' ' p ~ ' trotted rn accordance with the pravxs~ons of the Eugene Code. It ~s the further finding of the Hearings Official that the final improvement costs are lower than noted at the local im ravement h q p ear~ng, are comparable to those of other similar projects, and that the assessments have been properly calculated as to the bene~tting properties. Findings and Recommendations - Jab #2945 February 22,1994 Page 2 of 2 Finally, the Hearings Official ~.nds 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 31a,14Q because: ~ 1 } The assessments do not exceed actual casts; ~2} The assessments are imposed for a Capital Improvement Construction Project which provides a spec%f~c benefit to a specific property or rectifies the problem caused by a speck propertyy ~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 ~1~} years. Therefore, the Hearings Official recommends that the City Council adapt an ordinance for the assessment as set forth by the City Engineer, respectfully submitted, Gary . Darnielle He ~ngs Official MEMORANDUM February 17, 1994 TO: Hearings o~ci a 1 FROM: Les Lyle, City Engineer SUBJECT: CONCRETE ALLEY AND DRAINAGE BETWEEN CHESHIRE STREET AND CLARK STREET, FROM JEFFERSON STREET TO MADISON STREET (CONTRACT #93-24) (JOB #2945) BACKGROUND This project was initiated by a petition (poll letters) from property owners. Property owners within the LID supporting the improvement will bear 50 percent of the assessable cost. This project was approved under the subsidy program with benefits applying where properties owners are eligible. Based on the petition (poll letters), the City Engineer initiated the project, as provided for in the Eugene Code 7.160(8) on December 4, 1992 and the City Council formed the LID on July 26, 1993. The project has been completed and final assessment costs have been calculated. PROJECT The project i nc1 uded construction of a concrete alley and storm sewers with adjustments of surrounding property's were necessary to match the new foci 1 i ty. ASSESSMENT Under City of Eugene assessment pot i cy > 81 percent of the improvement costs wi 11 be distributed to the abutting property owners with the bat once financed by the City . Below are the final unit assessable costs . A11 ey paving ~ 12.691 f ront foot A11 ey paving ~ 0.141square foot Costs 11 steel bet ow are based on the engineer's estimate and preliminary casts quoted to property owners at the Local Improvement District hearing fol 1 owi ng bi d opening A11 ey paving ~ 14 , 891 f ront foot A11ey paving ~ 0.171square foot HEARING MEMO -CHESHIRE STREET February 1.7, I994 Page ~ one property with? n the LID qualified for partial subsidy far the street assessment for a tota 1 subsidy a 11 ocati on of ~3 , 24.14 . RECOMMENDATION The final costs are 1 ess than those quoted at the 1 ocal improvement hearing and are comparable to those of other s i mi 1 a r projects . Staff recommends approva 1 of the assessment distribution . CHESHiRE1CLARKALLEYSUBSIDY PROCEDURE The total amount deducted from the accounts far properties eligible for the subsidy is $3,214.14 This dollar fgure is removed from the amount to be assessed. Before incorporating the cast into the City's share of the project, however, it is necessary to remove the 6°/° finance and administrative fee attributable to this portion of the ! assessable costs. The $3,214.14 is actually x proportionate share of direct and indirect costs to be assessed} + ~ 6°/° of x. Therefore, the actual % reduction ~s based on 61106, or 5.66°/Q. This results in $3,214.14 ~ .0566 = $181.92. The remainder, $3, 032.22 is to be charged to the Street Assessment Subsidy Fund. Bath SPA and th j Assessment Worksheet will reflect these final project amounts. The assessment spreadsheet, which generates the amounts to be assessed to each account, will be annotated prior to microfilming to reflect the changes made due to the subsidy program. 1l 03 30 32 OOfi00 Improvement Improvement Tempe Descri~ion Alley FF Alley Paving, Frontage Alley SF Alley Paving, by Area TOTAL Total Reduction Backing out 5.fifi°/a Finance and Administration Fee Total Cost to Subsidy Fund Improvement Subsidy:: Subsidy : Net Improvement Amount % ``Amount ~ Amount Asses$ed $2,689.$0 0.667 $1;193:20 $896.60 $2,131.41 0.661 $ ~ ,42.94 $7 ~ 0.47 $4,821.21 $1,601.01 $3~14.~4 $181.92 $3,032.22 0210~1~4 SUBCHESH.111lK4