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HomeMy WebLinkAboutOrdinance No. 19964ORDINANCE NO. ~ ~]~ AN ORDINANCE LEVYING ASSESSMENTS FOR PAVING. SANITARY AND STORM SEWERS IN ALLEY BETWEEN AGATE STREET AND EMERALD STREET FRAM 18TH AVENUE TO 19TH AVENUE; AND DECLARING AN EMERGENCY. CONTRACT 93-3fl~ The City Council of the City of Eugene finds that: On the lst day of December, 1992, as authorized in the Eugene Code 7.160~5~ the City Engineer initiated the proposed local improvement consisting of paving, sanitary and storm sewers in alley between Agate Street and Emerald Street from l8th Avenue to l9th Avenue. After due notice and a public hearing thereon before the hearing official , and no remonstrances having been filed, on the 9th day of August, 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 $87,588.02 and the amounts to be assessed to and borne by the specially benef fitted 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 not ice containing the information required by Sect ion 7.18 5 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 CITY OF EUGENE ODES ORDAIN AS FOLLOWS: ~~~~a~on _ 1. The Summary of the hearing conducted by the hearings official are hereby made apart 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 adapted. Sec,~ian Z. The actual cast of the local improvement compris- ing of paving, sanitary and storm sewers in alley between Agate Street and Emerald Street from 18th Avenue and 19th Avenue of is $87,588.42 of which $41,x26.57 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 impr~ve- ment district as set forth on the assessment roll attached as Exhibit C hereto and incorporated herein by reference. ORDINANCE - Z S~~tion 4. The City Council daes 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 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,l 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 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 2.024 plus a service charge to be determined by the City Manager as provided in E,C. 2.020. n 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 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 docket of City Liens. Sect~,Qn 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 Cade, 1971, and enclose therewith an application for paying the assessment in installments according to the terms set forth in Section 4 of this ordinance. ~,~~ n 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. ~~~tion .$. 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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J `I rn ?C H CA H -~ ~n ~m ~ ~!] N "C] GJ R] ~~ cn ~~ -o n N rn ~m oN w E~H~B1T "B" FINDINGS AND RECOMMENDATIONS SUBJECT: PAVING, SANITARY AND STORM SEWERS IN ALLEY BETWEEN AGATE STREET AND EMERALD STREET FROM 1$TH AVENUE TO 19TH AVENUE (JOB #2903) (CONTRACT #93-30} BACKGROUND This project was initiated by a petition from one of four the property owners in the Local Improvement District SLID}, The petitioning property owner will bear 53 percent of the assessable cost for the now completed LID. Based on the petition, the City Engineer initiated the proj~t, as provided for in the Eugene Code 7.16~~5} on December 1,1992, and the City Council formed the LID on August 9,1993. The project has been completed and final assessment casts have been calculated. PROJECT The project included 336 lineal feet of 14-foot wide concrete alley paving, 39a lineal feet of sanitary and storm sewer drain and reconstruction of the intersections, ASSESSMENT Under City of Eugene assessment policy, 46. S 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 casts. Alley paving Alley paving City Intersection City storm sewer City sanitary sewer $ 32.10/front foot $ .60/square foot $ 4,53.43 $ 2,367.47 $ 41,913.57 Costs listed below are based on the engineer's estimmate and preliminary costs quoted to propert~r owners at the Local Improvement District hearing following bid opening; Alley paving $ 31.34~frant foot Alley paving $ .561square foot City share: $ 4$,076.31 During the polling process which occurred, prior to design initiation, staff presented the following estnnated range of casts: Alley paving Alley paving RECOMMENDATION $ 37.D0 - 42.00 front foot $ 0.40 - .50 square foot A public hearing regarding the proposed assessment was scheduled. far 6:00 p.m. on April 20, 1994. Because no persons indicated an interest in attending the hearing, it was canceled. The Findings and Recommendations -Job 2903 Apri122,1994 Page 2 of 2 Hearings official received an April 20,1994 Memorandum from the City Engineer outlining the above ttlformatton. ~ . Based upon the available information, it is the finding of the Hearings Official that this project has been mutated, b1d and constructed m accordance with he provisions of the Eugene Code. It is the further finding of the Hearings Official that due to over excavation of soft subgrade the final improvement costs are slightly higher than quoted at the local improvement hearing but are similar to mast projects of this sire, and that the assessments have been properly calculated as to the bene~tgng properties. 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 ORS 310.140 because: ~ 1 ~ The assessments do not exceed actual costs; ~2} The assessments are imposed for a Capital Improvement Construction Project which provides a spec~.c benefit to 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 off with interest over at least ten ~10~ years. Therefore, the Hearings Of~.cial recommends that the City Council adopt an ordinance for the assessment as set forth by the City Engineer. Respectfully submitted, Gar . Darn~elle H ring Gfficial MEMORANDUM April 20, ~ 994 TG: FRaM: Hearings Dfficial Les Lyle, City Engineer SUBJECT: PAVING, SANITARY AND STORM SEWERS IN ALLEY BETWEEN AGATE STREET AND EMERALD STREET FROM 18TH AVENUE TO 19TH AVENUE (JOB #2903) (CONTRACT #93-30) BACKGRGUND This project was initiated by a petition from one of four the property owners in the Local Improvement District SLID}. The petitioning property owner will bear 53 percent of the assessable cost for the now completed LID. Based on the petition, the City Engineer initiated the project, as provided for in the Eugene Code 1. ~ 608} on December ~ , ~ 99~, and the City Council formed the LID on August 9, ~ 993. The project has been completed and final assessment costs have been calculated. PRUJECT The project included 336 lineal feet of ~4-foot wide concrete alley paving, 394 lineal feet of sanitary and storm sewer drain and reconstruction of the intersections. ASSESSMENT Under City of Eugene assessment policy, 46.8 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 casts. Alley paving Alley paving City Intersection City storm sewer City sanitary sewer $ 32.10/front foot $ .60/square foot $ 4,530.43 $ 2, 367.41 $ 4~,9~3.5?' Costs fisted below are based on the engineer's estimate and preliminary costs quoted to property owners at the Local Improvement District hearing following bid opening: Alley paving $ 31.30/front foot Alley paving $ .56/square foot City share: $ 48,076.31 HEARfNG MEMG -ALLEY AGATEIEMERALD April. 20, ~ 994 Page 2 During the polling process which occurred, prior to design initiation, staff presented the following estimated range of costs: Alley paving $ 37.00 - 42.00 front foot Alley paving $ 0.40 - .50 square foot REG~MMENDATI~N The final improvement costs are slightly higher than quoted at the local improvement hearing, however, they are similar to most projects of this size. The higher cost are attributable to over excavation of soft subgrade. Staff recommends approval of the assessment distribution.