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HomeMy WebLinkAboutOrdinance No. 20039ORDINANCE NO. ~1~~I AN ORDINANCE LEVYING ASSESSMENTS FOR CONSTRUCTION OF SIDEWALKS AND DRIVEWAY APPROACHES FOR EUGENE SCHOOL DISTRICT 4J AT TWO ~2}LOCATIONS 1} SOUTH SIDE OF WEST 18TH AVENUE FROM BAILEY HILL ROAD To 2200- FEET WEST 2} NORTH SIDE OF 30TH AVENUE FROM HARRIS STREET TO UNIVERSITY STREET; AND DECLARING AN EMERGENCY. CONTRACT 95-12}JOB #3344} The City Council of the City of Eugene finds that: Cn the 26th day of September, 1894, as authorized in Subsec- tion 7.160 ~5} and 7. l60 ~7~ , Eugene Code, 1971 SEC} the City Council initiated the proposed local improvement consisting of construction of sidewalks and driveway approaches for the Eugene School District 4J at two ~2} locations, 1} south side of West l8th Avenue from Bailey Hill Road to 2200-feet west 2~ north side of 30th Avenue from Harris Street to University Street. After due notice and a public hearing thereon before the hearing official, and no remonstrances having been filed, on the 14th day of June, 1995, the City Council formed the local improve- meat district and authorized construction of the local improvement. The actual cost of the local improvement is ascertained to be $74,306.07 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 OF EUGENE DOES oRDAIN AS FGLL4WS: 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. 7.160 to 7.190, attached hereto as Exhibit B and incorporated herein by reference, are hereby adopted. ORDINANCE - 2 i n„,~. The actual cost of the lacal improvement compris-- ing of construction of sidewalks and driveway approaches $74,34G.07 of which $72,587.1 is hereby assessed against the parcels of property hereinafter described in the amounts set opposite, respectively. SeGt~„n~3. 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. ~,~,ct~ion, 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.l In up to twenty semi-annual installments, including CRD ~ NANC E - 3 principal and interest at the rate set by the City Manager as provided in E.C. 2.022 through 2.D24. 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. 2.022 through 2.D24 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 fallowing: 5.1 A description of each lot, part of lot or acreage specially benefitted by the local improvement; 5.2 The name of the awner 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. ' 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. 7.194 and enclose therewith an application for paying the ORDINANCE - 4 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 fram 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 far this improvement. Sectioa,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 readoptian over a mayoral veto by two-thirds of all members of the Council, Passed by the City Council this day o f ~y~g~,,,,,~.,~ -( 19 9 6 City Recorder Approved by the Mayor this ~G~day of ~ 1996 ~~ ~L.~~. 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I~S ~ ~ to ~ y I~ ~-, ~ ~ I ~ ~ i ~ I~ -p ~ ~ I rp ~ ~ © I~ O i ~ Ir+ ~ ~ ~ I~ o~ ~ I ~ + m I ~~ ! ~ ~ ~ f ~~ ~ I ~ 1 a~ a I ~ ~ z I of I ~~ I ~~ I ~+ ~ I ~ I ~ I ~ I ~ I I I I I I ~ I I I I ~ I ~ I ~ I ~ I ~ I ~ I 1 I 1 I i I i I I ~ I I ~ I ~ I ~ 1 ~ I E I ~ I ~~ ~ I -~ ~ rv I ~ - I~ cn ~ cn I ~ ~ ~ ~ ID ~l i V I ~ ~ ~ I~ o ~ o I c-r ~~ ~ I cn o m ~ C J. n (~ I F^^^-1 ~.J. o w o w w w 0 3 ~ ~ ~~ n ~~~~ rf• Cp '~ H '~ ~C ~ C7 ~ ~~~. ~fp(D W ~ ...5 ~ J oo~+ ~~ ~, n m ~ cn o C1 ~--+ o cn J .0 ~ (/} ~ ~ D -h ~ C ~ fp (T1 r~o~ ~ ~ c-r C 0 ~ ~~a c~ -v~C N ~~ m ~~ ~ ~o o -~ o z ~~ m~ J• m ©~~ asp ~~~ 0 v. ~p n ~n ~m ~~ N~ .~• N ~~ V) O ~~ ~~ R]~ ~m 0 a r~ • oanB~r ~~ ' • FINDINGS AND RECUMMENDATI4NS SUBJECT: CONSTRUCTION. OF SIDEWALKS AND DRIVEWAY APPROACHES FOR EUGENE SCHOOL DISTRICT 4J AT TWO (2) LOCATIONS 1) SOUTH SIDE OF WEST 18TH AVENUE FROM BAILEY HILL ROAD TO 2200-FEET WEST 2) NORTH SIDE OF 30TH AVENUE FROM HARRIS STREET TO UNIVERSITY STREET. (CONTRACT #95-12) (JOB #3344) BACKGROUND This project was initiated by a Council Motion on September 26,1994. The improvements involved only one property owner ~4J School District} who will bear 100 percent of the assessable cost. Based on the Council Motion, city staff proceeded with bidding of the project, as provided for in the Eugene Code 7.1605} and 7.160(7}. The City Council formed the Local improvement District SLID} on June 14,1995. The project has been completed, and final assessment costs have been calculated. PROJECT The project included construction of a 5-foot wide sidewalk with driveway. ASSESSMENT Under City of Eugene assessment policy,100 percent of the improvement costs will be distributed to the abutting property owner. The final unit assessable costs are. SidewalklDriveway Cost to City: $24.95/front foot $1,719.07 The assessable unit costs listed below are based on the low bids received prior to construction and were quoted to property owners at the LID hearing following the bid opening: SidewalklDriveway PUBLIC HEARING $27.62/front foot The property owner was informed more than ten days in advance of the date of a scheduled public hearing on the final assessment. No person indicated an interest in attending the hearing and no written testimony was submitted, therefore no hearing was held. The City Engineer submitted a report to the Hearings Officer Exhibit A}. SIDEWALKS AND DRIVEWAY APPRQACHE C4NSTRUCTIUN FQR EUGENE SCHggL DISTRICT 4J FINAL ASSESSMENT ~ PAGE 1 FINDINGS AND RECgMMENDATIgN Nature of the Assessment The Hearings Officer finds that the project is one for which the assessments are for local improvements 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 a 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 the assessment with interest over at least ten (10} years. Recommendation The final improvement costs are lower than quoted at the local improvement hearing and are comparable to projects of similar size. The Hearings Official agrees with the recommendation of the City Engineer. 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. Respectfully submitted, Milo Mecham Hearings Official Dated: February 15,1996 SIDEWALKS AND DRIVEWAY APPRUACHE CGNSTRUCTIUN FUR EUGENE SCHg4L DISTRICT 4J FINAL ASSESSMENT PAGE 2 MEMORANDUM Date: February 6,1995 From: Les Lyle, City Engineer To: Hearings official SUBJECT: CONSTRUCTION OF SIDEWALKS AND DRIVEWAY APPROACHES FOR EUGENE SCHOOL DISTRICT 4J AT TWO (2) LOCATIONS 1) SOUTH SIDE OF WEST 18TH AVENUE FROM BAILEY HILL ROAD TO 2200-FEET WEST 2) NORTH SIDE OF 30TH AVENUE FROM HARRIS STREET TO UNIVERSITY STREET. (CONTRACT #95-12) (JOB #3344) BACKGRgUND This project was initiated by Council Motion on September 26,1994. The improvements involved only one property owner 44J School District} who will bear 100 percent of the assessable cost. Based on the Council Motion, city staff proceeded with bidding of the project, as provided for in the Eugene Code 1.16945} and 1.16041}, on September 26,1994 and the City Council formed the Local Improvement District 4LID} on June 14,1995. The project has been completed, and final assessment costs have been calculated. PROJECT The project included construction of a 5-foot wide sidewalk with driveway. ASSESSMENT Under City of Eugene assessment policy,100 percent of the improvement costs will be distributed to the abutting property owner. Below are the final unit assessable costs. SidewalklDriveway $24.951front foot Cost to City: $1,719.07 The assessable unit costs listed below are based on the low bids received prior to construction and were quoted to property owners at the LID hearing following the bid opening: Sidewalk/Driveway $27.62/front foot RECOMMENDATION The final improvement costs are Iowerthan quoted at the local improvement hearing and are comparable to projects of similar size, Staff recommends approval of the assessment as calculated and that the Council levy the f nal assessment. E.30TH VICLNITY MAP 4 W.18TH VICINITY MAP