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HomeMy WebLinkAboutOrdinance No. 19958ORDINANCE NO . ~~~ ~`~ AN ORDINANCE LEVYING ASSESSMENTS FOR PAVING, CURB, GUTTERS, SANITARY AND STORM SEWERS 4N ASH STREET, FRAM LEWIS AVENUE TQ CHESHIRE STREET; AND DECLARING AN EMERGENCY. CONTRACT 93-26} The City Council of the City of Eugene finds that: Cn the 29th day of December, 1992, as authorized in the Eugene Code 7.1608} the City Engineer initiated the proposed local improvement consisting of paving, curb, gutters, sanitary and storm sewers on Ash Street, from Lewis Avenue to Cheshire 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-- meat district and authorized construction of the lacal improvement. The actual cast of the local improvement is ascertained to be $112,727.89 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 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- vial'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 7.16D 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 compris- ing of paving, curb, gutters, sanitary and storm sewers on Ash Street, from Lewis Avenue to Cheshire Street is $112,727.89 of which $84, 005.09 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 imprave- meet 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 benefitted to the extent of the assessment set forth. The Finance officer 4RDiNANCE - 2 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 install - 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 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. oRD~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 7.19 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 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 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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W GJ ~ CTl t•--' n~ 3 -R n ~~ nm cn n -1 cn ~. m~-t in --~ ~n rb cn C7 ~ ~ c+ Cp "'r3 0~ ~. ~ Ut (D E';'t r~ ~ '"S r`r C ~. ~• ~ ~} ~~ rt• cn m ...~. ~ oroz ~~ m ~ C} Z7 C~1 --~ t!1 N ~ {IZ f V O CJ7 ~~ (.!) '17 -o n N ~7 c.n m a o ~--~ N FINDINGS AND RECOMMENDATIONS SUBJECT: PAVING, CURBS, GUTTERS, SANITARY AND STORM SEWERS ON ASH STREET, FRAM LEWIS AVENUE TO CHESHIRE STREET CONTRACT #93- 26) JOB #2994) BACKGROUND This project was initiated by a petition tpoll letters) from property owners. Property owners within the LID supporting the improvement wi[[ bear 56.9 percent of the assessment cost. This project was approved under the subsidy program with benefits applying where eligible. Based on the petition 4poll letters}, the City Engineer initiated the project, as provided for in Eugene Code 7.1 G0~8} on December 29, 1992, and the City Council formed the LID on April 26, 1993. The project has been completed and final assessment costs have been calculated. PROJECT The project included construction of a 20-foot wide street with rolled curbs and gutters, sanitary and storm sewers, and driveway aprons. ASSESSMENT Under City of Eugene assessment policy, 50.9 percent of the improvement costs will be distributed to the abutting property owners with the balance financed by the City. Below are the final unit assessable costs. Paving Sanitary lateral Sanitary sewer service $ 50.681front foot $ 0.361sq. foot $1,134.101each This cost distribution is in accordance with Eugene Code 7.175. Costs listed below are based on the engineer's estimate and preliminary costs quoted to property owners at the Local Improvement District hearing fallowing bid opening: Paving Sanitary lateral Sanitary sewer service $ 56.591front foot $ 0.411sq. foot $1,223.661each Three properties within the LID qualified for partia[ subsidy for the street assessment with a total subsidy allocated being $7,091.00. PROPERTY OWNER CORRESPONDENCE No correspondence from property owners was received prior to the scheduled public hearing. Findings and Recommendations - 1 PUBLIC HEARING, FINDINGS, AND RECOMMENDATION Staff provided the Hearings Official with a Memorandum which outlined the above information. A public hearing concerning the assessment was scheduled far February 15, 1994, at 6:00 p.m. in the First Floor Conference Room of the Public Works Building, 858 Pearl Street. No members of the public appeared for the hearing, and consequently Hearings Official Michael Walch did not conduct a hearing. The Hearings Official finds that notice of the public hearing was provided in accordance with the relevant provisions of the Eugene Code. The Hearings Official further finds that the proposed assessments are calculated in accordance with the Eugene Code, and that the final improvement costs are lowerthanthose quoted at the local improvement hearing and are comparable to most projects of this size. The Hearings Official also finds that the project is one for which the assessments are for a local improvement as set forth in qRS 310.410 because: ~ 1 ~ The assessments do not exceed actual costs; 42~ The assessments are imposed for a capital construction project which provides a specific benefit for a specific 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 the assessment with interest over at least ten ~ 10~ years. Therefore, the Hearings Official recommends that the City Council adopt an ordinance for assessment as set forth by the City Engineer. Respectfully submitted, ~, ~~p,~, Michael C. Walsh Hearings Official Findings and Recommendations - 2 MEMORANDUM February 14, 1994 TO: Hearings Official FRAM: Les Lyle, City Engineer SUBJECT: PAVING, CURBS, GUTTERS, SANITARY AND STORM SEWERS ON ASH STREET, FRAM LEw(S AVENUE TO CHESHIRE STREET CONTRACT #93- 26~ JOB #2990 BACKGROUND This project was initiated by a petition poll letters} from property owners. Property owners within the LID supporting the improvement will bear 55.9 percent of the assessment cost. This project was approved under the subsidy program with benfits applying where eligible. Based on the petition tpoll letters}, the City Engineer initiated the project, as provided for in~the Eugene Code 7.150~8~ on December 29, 1992 and the City Council formed the LID on April 26, 1993. The project has been completed and final assessment costs have been calculated. PROJECT The project included construction of a 24-foot wide street with rolled curbs and gutters, sanitary and storm sewers, and driveway aprons. ASSESSMENT Under City of Eugene assessment policy, 80.9 percent of the improvement costs will be distributed to the abutting property owners with the balance financed by the City. Below are the final unit assessable costs. Paving Sanitary lateral Sanitary sewer service $ 50.681front foot $ 0.361sq. faot $1,134,1 Oleach 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: Paving Sanitary lateral Sanitary sewer service $ 56.59lfront foot ~ Q.411sq. foot $1,223.651each HEARlN~ MEMO -ASH STREET February 14, 1994 Page 2 Three properties within the L!D qualified for partial subsidy for the street assessment for a total subsidy allocated of $7,091.00. REGGMMENDATIGN The final improvement casts are lower than quoted at the local improvement hearing and are comparable to most projects of this size. Staff recommends approval of the assessment distribution. ASH STREET SUBSIDY PROCEDURE The total amount deducted from the accounts for properties eligible for the subsidy is $7,517.05. This dollar ~~~' ~ figure ~s 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 th ~ assessable costs. The $7,517.05 is actually x ~proportianate share of direct and indirect costs to be assessed + 6°/° of x. Therefore, the actual % reduc#ian is based an 61106 or 5.66°/a. This resui ~ - ~ is ~n $7,517.45 .0556 X425.46. The remainder, $7, 091.58 is to be charged to the Street Assessment Subsidy Fund. Both SPA and th ~ Assessment vlvorksheet will reflect these f nal project amounts. The assessment spreadsheet, which generates ;the amounts to be assessed to each account, wfii be annotated prior to microfilming to reflect the changes made due to the subsidy program. 1 f ~7 03 34 32 04540 Acct# 19930026008 Shirley, Pat 1l 03 30 32 04900 Acct# 19930026012 Spencer, Paul ~ 7 03 34 32 05000 Acct# 19930026013 Spencer, Paul Improvement Improvement ape Description Lateral Sanitary Latera! Paving Street Improvements Service Sanitary Service TOTAL Improvement Improvement Ty.~.~ Descriotion Latera! Sanitary Lateral Paving Street Improvements Service Sanitary Service TOTAL Improvement Subsidy~~SUbsidy Net Improvement Amount Level t,~~a::.:.: Amount Assessed $1, 785.65 NIA ~~:a:...~N1A'` : ~ ~ ~~~~ ~~ 785.55 $3,547.37 Y , 0.333 ~.$.~;X824~ $2,364.91 1 134 $ NIA ~ ,:~}" }.NSA 7 1.~ "Y~~ $~,134.~0 ~ .- $6,467.12 ~,~ ~.; .. ~~{>. ~~ t $5,284.66 Improvement ..t: Subsidy~~~Su'bsidy~• • Net Improvement Amount Level 1. +w. m; ~ un~.:~•::~ Amount Assessed $1,785.65 NIA kh ~..,, . `~~:~,1,.=N•IA ~ ., . •. ;;<M ~ X1,785.65 $3 547.37 0 .833 v~ , : :., ::. ~~§ ~$2955~~4 $591.23 _ 1 134.10 NIA r•; f~.vs, .NIA.. ,.~:~. . ,:~x rf•:. $1.,134.10 $6,467.12 ~ ~~~ ~3, 5 ~ 0.98 ~~ ~~•~ 'y: }.~ ~~~.• ri•fYy Improvement Subsid s~f`S:u~~sial Y' .: y, et Im rovement p Amount Level `~~~Amourit ~ Amount A ssessed $2,032.91 NIA ":°~~ NIA;-~~ . . . $2 032.91 $4, 054.14 0.833 , * {,$~3~3,1845 $675.69 1134.10 NIA .:NIA~~ a $x,134.10 $7,221.15 ~ '~ . r ;•. ~<~~ .,: ;: $3 842.70 ~:$75~ 1.05 $4~5.4fi $1,09.58 Improvement Improvement T~rpe Descri Lion Lateral Sanitary Lateral Paving Street improvements Service Sanitary Service TOTAL Tota( Reduction Backing out Finance and Adm[nistration Fee Total Cost to Subsidy Fund 02108!94 SUBASH.WK4