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HomeMy WebLinkAboutOrdinance No. 20003ORDINANCE NO . ~DD~ 3 AN ORDINANCE LEVYING ASSESSMENTS FOR PAVING, CURBS, GUTTERS AND STORM SEWERS 4N PERSHING STREET FROM LASSEN STREET TQ FoCH STREET; AND DECLARING AN EMERGENCY . ~ CGNTRACT 9 4 ~- Z 2 } The City Council of the City of Eugene finds that: on the 21st day of December, 1993, as authorized in the Eugene Code 7.1648} the City Engineer initiated the proposed local improvement consisting of paving, curb, gutters and storm sewers on Pershing Street from Lassen Street to Foch Street. After due notice and a public hearing thereon before the hearing official, and no remonstrances having been filed, on the 29th day of June, 1994, the City Council formed the lacal improve~- meat district and authorized construction of the local improvement. The actual cast of the local improvement is ascertained to be $58,244.34 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 7.17Q 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- cial'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 7.164 to 7.19 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, curbs, gutters and storm sewers on Pershing Street Lassen Street to Foch Street is $58,244.34 of which $17,556.32 is hereby assessed against the parcels of property hereinafter DRDiNANCE - 2 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 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: 4.1 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 120 monthly install-- meats, including principal and interest at the rate set by the City Manager as provided in E.C. 2.422 through 2.424 plus a service oRD~NANCE - 3 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. 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 oRD~NANCE - 4 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 aver a mayoral veto by two-thirds of all members of the Council. Passed by the City Council this ~~`~ day of M,~~c~ 1995 ~, ; ~, City Recor er Approved by the Mayor this ~~ day of 1995 ~2~ ~ ~ ~~~ Mayor ORDNANCE - 5