HomeMy WebLinkAboutOrdinance No. 20018ORDINANCE NO. ~ p `~
AN ORDINANCE LEVYING ASSESSMENTS FOR
PAVING. CURBS. GUTTERS, SIDEWALKS, STORM SEWERS AND
STREET LIGHT CONDUIT oN BERNTZEN ROAD FROM ROYAL AVENUE
To MARSHALL AVENUE; AND DECLARING AN EMERGENCY. ~CON-
TRACT 9 4- l 9}~ JOB # 3 l 3 0}
The City Council of the City of Eugene finds that:
On the 29th day of September, 1993, as authorized in
Subsection 7.160~8~, Eugene Code, 1971 SEC} the City Engineer
initiated the proposed local improvement consisting. of paving,
curbs, gutters, sidewalks, storm sewers and street light conduit on
Berntzen Road from Royal Avenue to Marshall Avenue.
After due notice and a public hearing thereon before the
hearing official, and no remonstrances having been filed, on the
lath day of June, 1994, the City Council farmed the local improve-
ment district and authorized construction of the local improvement.
The actual cost of the local improvement is ascertained to be
$311,812.47 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 E.C. 7.170 and 7.175.
A notice containing the information required by E . C . 7 ,185 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 4F EUGENE DGES ORDAIN AS FoLL4WS:
section 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 E.C. 7.16D to 7.19D, attached
hereto as Exhibit B and incorporated herein by reference, are
hereby adopted.
~e~,tion_2 . The actual cost of the local improvement compris --
ing of paving, curbs, gutters, sidewalks, storm sewers and street
light conduit on Berntzen Road from Royal Avenue to Marshall Avenue
is $311, 81~ . 47 of which $177, 60~ . 86 is hereby assessed against the
parcels of property hereinafter described in the amounts set
opposite, respectively.
c i,,~n .~,. 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.
,S~ction 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
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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-
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.
S_~~~iQn 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.
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Section 5. 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 E.C. 7.190 and enclose therewith an application for paying the
assessment in installments according to the terms set forth in
Section 4 of this ordinance.
Sec~,ion 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.
Passed by the City Council this Approved by the Mayor this
~~
~~ day o f ~~ , 19 9 5 ~ day o f 19 9 5
L....
City ecorder Mayor
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