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HomeMy WebLinkAboutOrdinance No. 20008ORDINANCE N0. ~'D~ AN ORDINANCE LEVYING ASSESSMENTS FOR INSTALLATION OF A TRAFFIC SIGNAL ON GREEN ACRES RQ1~D 1,000 FEET EAST OF DELTA HIGHWAY; AND DECLARING AN EMERGENCY. (CONTRACT #94-29) (JOB #3092) The City Counci 1 of the City of Eugene finds that On the 8th day of March, 1994, as authorized in the Eugene Code 7.160(8) the City Engineer initiated the proposed local improvement consisting of instal 1 i ng a traffi c signal an Green Acres Road 1, ODD feet east of Delta Highway . After due notice and a public hearing thereon before the hearing official , and no remonstrances having been fi 1 ed, an the 11th day of July, 1994, the City Counci 1 formed the 1 ocal improvement district and authorized construction of the 1 ocal improvement . The actual cost of the 1 oval improvement i s ascertained to be X47 , 955.85 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 i n accordance with applicable provisions of the Eugene Code, 1971 and as set forth i n Exhibit A attached hereto and incorporated herein by reference . In Resolution No . 4426 creating the 1 ocal improvement district the City Counci 1 has established the method of calculating 1 oval improvement assessments as authari zed by Sections 7.17D 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 mai 1 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 therei n, a heari ngs official heard al 1 evidence and argument presented, and no remonstrances having been fi 1 ed, has fully considered the same, and has reported his or her adopted findings to the City Counci 1. The Counci 1 has reviewed and cansi dered the assessment report of the City Engineer and Finance officer and the heari ngs official 's findings and summary of the hearing , and based thereon , THE C QTY 4F EUGENE DOES aRDaI N aS FOLLCWS ; Section 1. The Summary of the hearing conducted by the hearings of f i ci a 1 are hereby rude a part of the Counci 1 's record i n these proceedings , and the heari ngs official 's findings, including those regarding compliance with Sections 7.160 to 1.190 of the Eugene Code, 1971, attached hereto as Exhibit B and incor- posted herein by reference, are hereby adopted . Section 2 . The actual cost of the 1 oval improvement comprising of instal 1 ati on of a traffi c signal on green Acres road 1, 000 feet east of Delta Highway i s X98 , 597 , 58 of which X47 , 955.85 i s hereby assessed against the parcel s of property hereinafter described i n the amounts set opposite, respectively . Section 3. The City Counci 1 does hereby determine and assess each lot and part of 1 of being within the described 1 ocal improvement district as set forth on the assessment rol 1 attached as Exhi bi t C hereto and incorporated herein by reference . oRa~NANCE - ~ Section 4. The City Counci 1 does hereby determine that each parcel of 1 and or 1 of herei nabove described i s specially benefitted to the extent of the assessment set forth . The Finance Dffi cer shal 1 give notice of the assessments to the owners of the assessed parcels advising them the assessment may be pai d i n full , without interest , within ten days of the effective date of thi s ordinance . Assessments that remain unpaid after the ten day period are declared to be 1 i ens upon the respective 1 ots , parts of 1 ots or parcels of 1 and against which said several amounts are assessed, and may be paid, with interest on the unpaid pri nci pal amount commencing ten days after the effected date of thi s ordinance 4 . ~ Tn up to twenty semi -annua 1 i nsta 11 meets , including pri nci pa 1 and interest at the rate set by the City Manager as provided i n E , C . Z . OZZ through Z. oZ4. 4 . Z ~ f the property owner so elects , i n 1Z0 monthly i nsta 11 meets , including pri nci pa 1 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 i n E . C . Z . OZO . Sects on 5 . The City Recorder i s directed to enter i n the docket of City Li ens a statement i n 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; ORDINANCE - 3 5.2 The name of the owner or reputed owner thereof , that the name of the owner is unknowns and 5.3 The sum assessed upon said property, the amount and date from which interest accrues , and the date of entering the same i n 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, X971, and enclose therewith an application for pay? ng the assessment i n installments according to the terms set forth i n 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 farecl osure of assessments levied by thi s ordinance shat 1 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 . Section 8. That the matters contained herein affect the public welfare and safety and therefore, an emergency i s hereby declared to exist , and thi s ordinance shat 1 became effective immediately upon i is passage by the City Counci 1 and approval by the Mayor, retention by the Mayor for more than ten days, or readopti on over a mayoral veto by two-thirds of al 1 members of the Council . ~RD~NANCE - 4 Passed by the City Counci 1 this Approved by the Mayor thi s ~`~day of ~~ 1995 ~~{ day of ~ 1995 City Recorger ~ Mayor ORDINANCE - 5 ~-i ~. ~ ~ ~ fU N ~ ---I ~7 (/~ CD o ~ ~ -I cf fD C r-I- v. r" ~ ~ cn ~. -~ N m cn n ~ n n n cn -~ ~ m n ~ o n ~ ~- o a- ~+ -1 -i -~ -~ D cU Q Z ~ o c,n•• ~ ~ m cn = ~ p- .. _ ~ cn rp ~ ~ ~ ~ ~ ~ ~ m m •• o m cn ©cn c~ cn cn m F-~+ ~ v ~o w ~ ~ n ~ m -s -~ o ~o ~ -~-~ z z o o ~ va m ~ ~ `o -Q rv ~ m ~ r~ m ~ z m ~~ o ~ o r+ rr o C7 ~ ...r, ~. N it7 N ~D ~ m ~~ ~ ~~ ~ ~~ r~ ~ o~ J. ~- ~ o o m .~..~ ~ -r cn o.. -~• to -a m --~ ~ ~ D y `O ~1 N ~'I ~ ~ cf .a. (7 fD V? ~ ~ z D r cn .p o v rn w ~ ~ ~ o cn v ©o0 ca o cn ~ ~ ~ 00 0 .t ~ rn ~ ~ ~ ~ v ~ ~ ~ ~ ~ 0o W U1 r-' -P N 1 .. ~ © DO N ~ D ~D 3~ n ~ ~ pfd ~ C7 --~ ~ .~. tb ~ ~ ~ _ ~ ~ Nc~O ~~ ~ r~ m o~ ~. ~ gram c~ ~ -~ ~+ c .~. Q~~ ~~ c-F cn m ~. ~ DNz ~~ m ~n -v m ~~ N ~ CT1 N O (J1 (!1 D V7 'T7 ~~ f\] ~i7 C.T~ f`r1 o~ N • r B FINDINGS AND REC4MMENDATIGNS SUBJECT: FINAL ASSESSMENT FOR TRAFFIC SIGNAL DN GREEN ACRES RaAD 1, 000 FEET EAST DF DELTA HIGHWAY CGNTRACT 94-29 ~J4B #3092} BACKGROUND This project was initiated by a petition from the property owners. Property owners within the local improvement district SLID} supporting the improvement will bear 100 percent of the assessment cast. Based on the petition, the City Engineer initiated the project, as provided for in the Eugene Code 7.1608} on March 8,1994, and the City Council formed the LID on July 11,1994. No one submitted written or verbal testimony at the public hearing objecting to the planned distribution of costs. The project has been completed and final assessment costs have been calculated. The property owners were notified of the final assessment hearing at least ten X10} days prior to the hearing. The petitioners originally signed an irrevacable petition for public improvements in 1987. As outlined in the formation of the lacal improvement district, the assessment distribution for the signal was to be based on the site review conditions and the irrevocable petition. In 1987 there was no expectation that either the City or properties on the north side of Green Acres Road would participate in the signal cast, although the City retained the discretion to add other properties to the district when it was farmed. Since 1987 other properties in the area have been developed. Based on changes to the systems development charge methodology made in 1991, the City determined that properties on the north side of Green Acres Road should not be included in the LID when the LID was formed. The premise of the change in the SDC formula was that the City would fund future traffic signals through SDC revenues rather than through assessments ~LID's}. The City concluded that 50 percent of the signal costs should be paid for by the City, using SDC funds collected from properties on the narth side of Green Acres Road. Thus, the obligation of the properties south of Green Acres Road created by the irrevocable petition was reduced by 50 percent. The City determined that these properties should still be assessed for 50 percent of the cast, since they had not paid the revised SDC charges. The Council reaffirmed this method of assessment during its discussion of the LID formation PROJECT The project included installation of a traffic signal at the intersection of Green Acres Road and the entrance to G.I. Joe's and Home Depot. TRAFFIC SIGNAL ON GREEN ACRES ROAD i,QQa FEET EAST OF DELTA HIGHWAY Page 1 FINAL ASSESSMENT -FINDINGS AND RECONIlVIENDATIONS ASSESSMENT Under City of Eugene assessment policy, 50 percent of the improvement costs will be assessed to the abutting property owners, with the balance financed by the City, As provided in the petition for public improvements, the assessments against the abutting properties will be based on the enclosed building square footage. The final unit assessable casts are:. Traf~~c signal Cost to City - SDC's $ ,2SIsq. ft. $ 50,641.73 At the Local Improvement District hearing following bid opening, based on the low bids received prior to construction, the following assessable unit costs were quoted to property owners Traf~~c signal abased on Site Review Agreement} $ .321sq. ft. Cost to City (50% share - SDC Funds) $ 52,293.22 PROPERTY OWNER CORRE PONDEN E One letter, from the managing partner of one of the petitioning property owners, Mr. Gregory Vik, was received. Exhibit B}. Mr. Vik objected to the assessments based on his previous understanding of how the costs of the traffic signal were to be distributed. Mr. Vik's letter states that he was under the impression that the petition provided that the cost of the traffic light would be shared between the property owners and the City. Mr. Vik also describes a conversation with City employees approximately one year ago, when he was told that the property owners south of Green Acres Road would not be called upon to pay any costs for installation of the traffic signal. Whatever the source of Mr. Vik's information, his beliefs were not based on information that was or could have been available to Mr. Vik. The irrevocable petition is clear, It provides that the entire cost of the improvement will be paid by the property owners. The only passible variation allowed in the petition is whether the City will elect to include other property owners. A year ago the project had been initiated, based on the petition signed by the property owners, including Mr. Vik. The property owners were informed of the formation of the district and the proposed assessment in June, 1994. That would have been the appropriate time to raise the issues that Mr. Vik now raises. No property owner, including Mr. Vik, appeared during the formation of the LTD to express any concern about these issues. PUBLIC HEARING The property owners were informed more than ten days in advance of the date of a scheduled public hearing on the proposed assessment. Mr. Vik agreed to submit a letter expressing his concerns instead of attending the public hearing. No other person indicated an interest in TRAFFIC SIGNAL ON GREEN ACRES RDAD 1,000 FEET EAST OF DELTA HIGHWAY `Page 2 FINAL ASSESSMENT -FINDINGS AND RECOMMENDATIONS attending the hearing, therefore no public hearing was held. The City Engineer submitted a report to the Hearings Officer Exhibit A} and Mr. Vik's letter was submitted to the Hearings Officer Exhibit B}. FINDINGS AND„ REC~NIlV~NDATI~NS Pr d r The Hearings Official finds that notice of the public hearing was provided in accordance with the relevant provisions of the Eugene Code, and that all property owners were provided an opportunity to participate in the proceedings . Full Assessment on All Benefited Properties Although one property owner has objected, for the reasons stated above, the Hearings Official recommends that the final assessable costs be assessed on all properties in the LID according to the terms of the irrevocable petition. N r fh A mn The Hearings Official also finds that the project is one far which the assessments are for local improvement as set forth in ORS 310.410 because: 1. The assessments do not exceed actual costs; 2. 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 o the project; and 4, The assessments allow the property owners to elect to pay the assessment with interest over at least ten ~ 10} years . Recommendation The final improvement casts are lower than quoted at the local improvement hearing and are comparable to projects of comparable size. The Hearings Official recommends approval of the assessment distribution. The Hearings Official also recommends that the City Council adopt an ordinance for assessment as set forth by the City Engineer. Respec lly sub 'tted, /f.~ Milo Mecham Hearings Official Dated April 17, 1995 TRAFFIC SIGNAL ON GREEN ACRES ROAD 1,O~U FEET EAST 4F DELTA HIGHWAY Page ~ FINAL ASSESSMENT -FINDINGS AND RECGNIlVIENDATIGNS r ~ s !-1 N I-+ F--~ I---t --{ -! ~J ~J ~l ~J V ~ J • N -a a ~ o ~o o v o ~ o x ~ c-I- ~ W ~ W ~ W ~ W ~ W --~-~ fD CD O-~ ON O~ ON O~ D •••• T~ Oo T3 00 ~ 0~ TJ Oo 'C3 Oa rF ~W ~W ~W ~W "5W N~ BCD NCO LCO CCO ~.o ~Q~ N F~ F--' I--~ o R] ~ a~ o.~ ow o0 o•r ~ mo mo rba Oo rUo yw cn >--~ cn O to ~ cn a cn N 3 w n n n n n ~ J. ~ ._]. ~ J. ~ J -x i . ... . Ct C~' C'f C'F C"t' ,J. J. J. J. ..I. ~ ~ 3 O D O O O CD `5 Qa ,.o ..o ..a ..© ..o ~ ~I,~-r o © o 0 o CD CD CD C,F'I -P W N N ~ n ~ ~o ~© ~o ~o ~o n c-F ~o ~ ~o rn ~ r ~ ~D LD .p 01 V ~ fD O lO l0 N ~D ~ t,p tom, ~ ~ ~ ~ ~ ~ N ~o ~o ~ ~o 00 -~ n V V N (J7 G 7 p F--+ I-' ~ W 01 I/1 • W G] U1 W (]~ n N N O ..p DD ~ r-~ I I I J. ~ W W V1 --I `C3 lD W W D c+ -~ ("r J. 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