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HomeMy WebLinkAboutOrdinance No. 19959ORDINANCE NO . ~~ L S~ AN ORDINANCE LEVYING ASSESSMENTS FOR STORM DRAIN IMPROVEMENT LOCATED WITHIN PROSPECT PARK APARTMENTS; AND DECLARING AN EMERGENCY. (CONTRACT 93-38) The City Council of the City of Eugene finds that: on the end day of September, 1993, as authorized in the Eugene Cade 7.1648} the City Engineer initiated the proposed local improvement consisting of construction of a storm drain improvement located within Prospect Park Apartments. After due notice and a public hearing thereon before the hearing official, and no remonstrances having been filed, on the 11th day of October, 1993, the City Council formed the local improvement district and authorized construction of the local im- provement. The actual cast of the local improvement is ascertained to be $49,449.68 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 official's findings and summary of the hearing, and based thereon, THE C2TY OF EUGENE DOES ORDAIN AS FQLLOWS: 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 7.164 to 7.194 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 storm drain improvement located within Prospect Park Apartments is $49,499.68 of which $49,499.68 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 specially benefitted to the extent of the assessment set forth. The Finance Officer ORDINANCE - 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. 2.422 through 2.024. 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. 2.022 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.l 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 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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The property owner will bear 100 percent of the assessable cost for the proposed local improvement district ~LID~. Based on the petition, the City Engineer initiated the project, as provided for in Eugene Code 7.160~Sy, on September 2, 1993, and the City Council formed the LID on October 1, 1993. The project has been completed and final assessment costs have been calculated. PROJECT The project included construction of 407 lineal feet of 24-inch pipe, 40 lineal feet of 10- inch pipe, and 2 storm sewer manholes. ASSESSMENT Under City of Eugene assessment policy, 100 percent of the improvement costs will be distributed to the property owner. None of the project cost will be financed by the City. Below are the final unit assessable costs. Storm drain $ 49,099.681iump sum 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 the property owner at the time of~ the Local Improvement District hearing following bid opening; Storm drain $ 51,379.0011ump sum The final improvement costs are lower than fihose quoted at the time of the local improve- ment district hearing and are comparable to most projects of this size. PROPERTY OWNER CORRESPONDENCE Na correspondence from the property owner was received prior to the scheduled public hearing. 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 for February 15, 1994, at 5:00 p.m. in the First Floor Conference Room of the Public ~1lorks Building, 858 Findings and Recommendations - 1 Pearl Street. No members of the public appeared for the hearing, and consequently Hearings Official Michael V`lalch did not conduct a public 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 lower than the estimate given at the time of the local improvement district formation 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 ORS 310.41 O because: ~ 1 } The assessments do not exceed actual costs; ~Z} 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; ~3y 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, ~. Michael C. vValch Hearings Official Findings and Recommendations - 2 MEMQRANDUM February 14, 1994 T0: Hearings Official FROM: Les Lyle, City Engineer SUBJECT: STORM DRAIN IMPROVEMENT LOCATED w1THIN PRQSPECT PARK APARTMENTS AT 171 Q NQRTHVIEW BQULEVARD ~CQNTRACT #93-38) ~JQB #3138 BACKGROUND This project was initiated by a petition from the property owner. The property owner will bear 100 percent of the assessable cyst for the proposed local improvement district ~LID~. Based on the petition, the City Engineer initiated the project, as provided for in the Eugene Code 7,160~8~ on September 2, 1993, and the City Council formed the LID on October 11, 1993. The project has been completed and final assessment casts have been calculated. PROJECT The project included construction of 407 lineal feet of 24-inch pipe, 40 lineal feet of 10- inch pipe, and ~ storm sewer manholes. ASSESSMENT Under City of Eugene assessment policy, 100 percent of the improvement costs will be distributed to the abutting property owners with the balance financed by the City. Below are the f final unit assessable costs. Storm drain $ 49,099.58Ilump sum 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 drain $ 51,379.00Ilump sum RECgMMENDATION The final improvement costs 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.