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HomeMy WebLinkAboutOrdinance No. 19973ORDINANCE NO. r C1 ~ ~ AN ORDINANCE LEVYING ASSESSMENTS FOR SIDEWALKS ON WEST 11TH AVENUE FROM GARFIELD STREET TO TYINN STREET; AND DECLARING AN EMERGENCY. CONTRACT 93-~5} The City Council of the Gity of Eugene fnds that: On the 28th day of January,1991, as authorized in the Eugene Code 7.1505}and 7.1507}~a} the City Council initiated the proposed Iocal improvement consisting of construction of sidewalks on West 11th Avenue from Garfield Street to Tyinn Street. After due notice and a public hearing thereon before the hearing official, and no remonstrances having been filed, an the 2nd day of August, 1993, the City Council formed the Iocal improvement district and authorized construction of the Iocal improve- ment. The actual cost ofthe local improvement is ascertained to be $25,745.14 and the amounts to be assessed to and borne bythe specially benefitted property and to be borne bythe City orothers 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 Iocal 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 Gity 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 off ciai heard all evidence and argument presented, and no remonstrances having been fled, has fully considered the same, and has reported his ar her adopted findings to the City Council. The Council has reviewed and considered theassessmentreportofthe City Engineer and Finance officer and the hearings official's findings and summary of the hearing, and based thereon, THE CITY OF EUGENE DGES GRDAIN AS F4LLG'V~S: Section ~ . The Summary of the hearing conducted by the hearings official are hereby made a part of the Council's record in #hese proceedings, and the hearings official's findings, including those regarding compliance with Sections 7.16o to 7.190 of the Eugene Code, 19?1, attached hereto as Exhibit B and incorporated herein by reference, are hereby adopted. Section Z. The actual cost of the local improvement comprising of sidewalks on vVest 11 th Avenue from garfield Street to Tyinn Street is $26,746.10 of which $26,746.1 D is hereby assessed against the parcels of property hereinafter described in the amounts set opposite, respectively. Sec ion 3. The City Council does hereby determine and assess each lot and part of Iot being within the described Iocal 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 ar Iot hereinabove described is specially benefitted to the extent of the assessment set forth. ORDINANCE - 2 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 Iots, parts of Iots 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 effect 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 If the property owner so elects, in ~ 20 monthly installments, 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. ~ A description of each Iot, part of lot or acreage specially benefitted by the local improvement; 5.2 The name ofthe 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. 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 ORDINANCE - 3 the information required by Section 1.199 of the Eugene Code, 1911, and enclose therewith an application for paying the assessment in installments according to the terms set forth in Section 4 of this ordinance. Section 1. 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 ar foreclosure of assessments levied by this ordinance shall be deposited to the city funds which advanced the cost of construction, engineering and related expenses or which are used to retire any indebtedness incurred by the City for this improvement. Sec#ion 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 far more than ten days, or readoptian over a mayoral veto by two-thirds of all members of the Council. 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J. c+ N N ~ ~~ w~ ~~ m o~ ~ .~. ~~ D ~ ~~ ~7 CU "5 0 [D J . m `V rn orn © o~ o ©o FV N Ol p~ V ~I ~ ~ rn ~ N o ~ 0 0 cn n ~ 0 0 -~ -~ ~ o C c-+' v. -~. -~ ru r~ w n r~ n ~+ z n. z ~ ., ~ ~ ~ r~ ~ ,. 0 ~ N ~ ~ w r---- ~ ~ ~ ~ w = o 0 N G7 ~ n m r Z Z '-O n C ~o ~, ~, ~~ rom N V D~ .. Ry ~N ~~ D tiD ~~ n ~ ~-+ ~~ cnn~ {~} J, (n J ~A !D cn O ~~ ~~ ~ p cn J, cnNm ~~ ~ ~+ c J. ~(-~ rf cn m .~.~. ~. oroz ~~ m ~ c~ ~m ~~ N ~ Cf'~ IV ~ CJi {/] p 'U L/l "D "O ~ tV ~i7 to m 0 ,o N m x H W H A EXHIBIT "B" EUGENE HEARINGS OFFICIAL FINDINGS AND RECUMMENDATIQNS SUBJECT: SIDEWALKS, WIDENING, OVERLAY, AND TRAFFIC SIGNAL ON WEST 11TH AVENUE FROM GARFIELD STREET TO TYINN STREET (CONTRACT 93-25) (JOB #2421) BACKGRQUND This project was initiated as a result of the FY'92 Capital Improvement Plan ~CIP} adopted by the Cnty Council on January 28,1991. The formation of the Local Improvement District and adoption of the Hearings Official's Findings and Recommendations was approved by the City Council on August 2,1993. Property owners within the LID will bear 10~ percent of the assessable cost for the local improvement district (LID}. The property owners were notified of the final assessment hearing ten X10} days prior to the scheduled hearing. The project has been completed and final assessment costs have been calculated. PROJECT This LID included the construction of sidewalks in areas they presently don't exist, from Garfield Street to Bailey Hill Road, and the installation of associated driveway ramps. The sidewalks are 8- feetwide and driveway ramps match existing approaches. ASSESSMENT Under City of Eugene assessment policy,lo0 percent of the assessable costs will be distributed to the abutting property owners. Below are the final unit assessable costs. Sidewalksldriveway Retaining wall $ 3.54 /square foot $ 73.21/front foot Costs listed below are based on the engineer's estimate and preliminary costs quoted to pro e p~ owners at the Local Improvement District hearing following bid opening: Sidewalks - 4" PCC Driveway - 7" PCC $ 3.81/square foot $ 5.32/square foot A direct assessment of $73.21 per front foot is being charged to the Mini Warehouse on tax lot 201, Assessor's Map 17--04-35-32, for the retaining wall. The Mint Warehouse has built too close to the edge of West 11th Avenue to allow a reasonable sloped adjustment behind the sidewalk, so short retaining walls were used to protect existing access routes. RECQMMENDATIQN A public hearing regarding the proposed assessment was scheduled for 6:OO p.m, on Jul 6,1994. Because no ersons nndzcated an ~n y p terest nn attending the heating, rat was canceled. The Hearings Official received a July 6,1994 Memorandum from the City Engineer outlining the above information. Based upon the available information, it is the finding of.the.Hearings Official that this ro'ect has been initiated bid and constructed ' ' ' p ~ ' xn accordance wrath the prov~s~ons of the Eugene Code. It ns the further finding of the Hearings Official that the final improvement costs are cower than noted ~at the local im rovement hearin an ~ q p g dare comparable to most projects of this type. EXHIQIT "B" Findings and 'Recommendations -Job 2421 July 12,1994 Page 2 of 2 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 SRS 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 specific benefit to a specific properly 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 official recommends that the City Council adopt an ordinance for the assessment as set forth by the City Engineer. . Respectfully submitted, ~~ ~~ar . Darnielle ring official