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HomeMy WebLinkAboutOrdinance No. 20040ORDINANCE NO. ~voyD AN ORDINANCE LEVYING ASSESSMENTS FOR PAVING CURBS, GUTTERS, SANITARY AND STORM SEWERS ON LAMBERT STREET FROM BROADVIEW STREET TO 350 FEET WEST AND 250 FEET NORTH; AND DECLARING AN EMERGENCY. ~CON~'RACT ~5-14} JOB #3207 The City Council of the City of Eugene finds that On the 5th day of May, 1994, as authorized in Subsection 7.160 ~ 8 } , Eugene Code, 1971 SEC} the City Engineer initiated the proposed local improvement consisting of paving, curbs, gutters, sanitary and storm sewers an Lambert Street from Broadview Street to 350 feet west and 250 feet north. After due notice and a public hearing thereon before the hearing official, and no remonstrances having been filed, on the 12th day of June, 1995, the City Council formed the local improve ment district and authorized construction of the local improvement. The actual cost of the local improvement is ascertained to be $123,469.81 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 E.C. 7.174 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 mare 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- vial'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 E.C. 7.164 to 7.194, 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, sanitary and storm sewers $123,469.81 of which $144,332.34 is hereby assessed against the parcels of property hereinafter described in the amounts set 4RD~NANCE W 2 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.l 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 ORDNANCE - 3 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: 5.1 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~fi. 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. Section 7, Any assessment remaining unpaid and for which no application for installment payments has been received may be ORDINANCE - 4 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. 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Based an the petition poll letters}, the City Engineer initiated the project, as provided for in the Eugene Code 7.1608}, on May 5,1994 and the City Council formed the LID on June 14,1995. The project has been completed, and final assessment costs have been calculated. The City has received a letter dated February 12,1996 from Mulkey Cemetery Association The Association's concerns are about the cost of the assessment and how they can pay far it. It feels that the cemetery receives no benefit from the improvement project. Section 2Z3.775~2} of the Oregon Revised Statutes is relevant to this issue: ~2} Notwithstanding the provisions of SRS 65.855 to 65.875 or any other provision of law, whenever all or any part of the cost of a street, curb or sidewalk improvement made by a governmental unit is to be assessed to the property benefitted thereby, benefitted property owned and platted for cemetery or crematory purposes by a cemetery authority shall be assessed the same as private property. The amount of the assessment shall be paid by the cemetery authority as provided in this section. (3)(b) Out of the first funds received for the sales price of any of such lots, the cemetery authority after setting aside perpetual care and maintenance funds as required by law or otherwise sha11 credit five (5) percent of such sales price to a special account for the payment of the assessment until a sum equal to the assessment and any interest due thereon has been so credited. EUGENE HEARINGS OFFICIAL FINDINGS AND RECOMMENDATIONS The cemetery has 50 feet of frontage on Lambert Street and has been provided driveway access. PROJECT The project included construction of a 28-foot wide street with curbs, gutters and storm ASSESSMENT Under City of Eugene assessment policy, 85 percent of the improvement costs will be distributed to the abutting property owners. Below is the final unit assessable costs. m rovem ,. ~_ ~ ,, ,,eats Unit Costs quoted Prior to Formation Final Unit Assessable Casts 28-foot paving Sanitary service Driveway apron $ 79.931front foot $1,478.641each $ 4.99lsquare foot $ 78.37/front foot $ 1,570.36/each $ 5.48/square foot Cost to City: $19,300.00 $18,335.67 Findings and Recommendations Job #3207 Assessment Page 2 0~ 2 FINDINGS AND RECUMMENDATIQN Staff provided the Hearings Gf~cial with a memorandum which outlined the above information. A public hearing regarding the proposed district formation was held on February 13,1996 at 6:ao p.m. in the Eugene Hotel Building at 244 E. Broadway, Eugene, Oregon. Gne member of the public, representing Mulkey Cemetery Association, spoke at the hearing. A copy of the minutes from the hearing are attached as Exhibit "A." In addition to the public comment received at the hearing, The Hearings Official has also received a staff report from the City Engineer Exhibit "B"}; a letter dated February 12,1996 from the Kay Holbo, President of the Mulkey Cemetery Association Exhibit "C"}; a February 16,1996 request for interpretation from the Hearings Gff~cial to the City Attorney Exhibit "D"}; a February 16,1996 response from the Eugene City Attorney regarding ORS 223.775 ~Exh~b~t "E"; a February 15,1996 letter hand attached certificate of nonprofit corporation status} from Kay Holbo to the Hearings Gfficial Exhibit "F"}; and a supplemental staff report dated February 21,1996, revls~ng sanitary service assessments Exhibit "G"} The Hearings official finds that the Mulkey Cemetery Association is a non profit cemetery corporation and will have no current assessment liability with the passage of an assessment ordinance by the Eugene City Council. This conclusion is based upon the February 16 response from the City Attorney and the information provided to the Hearings Gff~cial by the Mulkey Cemetery Association. Based upon supplemental information received from city staff, the Hearings Gfficial finds that the final assessment costs are based on the low bid and axe comparable to other projects of similar size and nature. Staff has recommended approval of the formation of the local improvement district. The Hearings Gfficial also finds that the proposed local improvement district is consistent with ORS 223.775 Further, the Hearings Gfficial finds that the proposed assessments are calculated in accordance with the Eugene Code; that a description of each parcel of real property proposed to be assessed, the name of the owner and the amount of its proposed assessment has been developed; and that certification that notice of the proposed assessment was given as required by Section 7.185 of the Eugene Code. Finally, the Hearings Gffic~al finds that the project is one for which the assessments are for a local improvement as set forth in GRS 31o.14~ because: ~ 1 } The assessments do not exceed actual casts; ~2} The assessments are imposed for a Capital Improvement Construction Project which provides a specific benefit to a specific property or rectifies the problem caused by a specific property; ~3} The assessments are imposed zn 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, .~~ /~ ~°6 Gary , Darnielle Date He - ings Official EXHIBIT A HEARING GFFICIAL MINUTES SUBJECT: PAVING, CURBS, GUTTERS, AND STGRM SEWERS GN LAMBERT STREET FRGM BR(IADVIEw STREET TG 354 FEET wEST AND 254 FEET NGRTH (CUNTRACT #95-14} (JQB #3247} This project was initiated by a petition (poll letters} from property owners who will bear 58.94 percent of the assessable cost. Based on the petition (poll letters}, the City Engineer initiated the project, as provided for in the Eugene Code 7.160(8}, on May 5,1994 and the City Council formed the LID on June 14,1995. The project has been completed, and final assessment costs have been calculated. A public hearing regarding the proposed district formation was held on February 13,1996 at 6:00 p.m. in the Eugene Hotel Building at 244 E. Broadway, Eugene, Oregon. A staff presentation was made by Paul Klope, Principal Engineer. He was assisted by Bob Terrel, pro ject manager. Mr. Klope explained the project involved paving, curbs, gutters, and storm sewer improvements to Lambert Street from Broadview Street to 350 feet west and 250 feet north. Mr. Klope noted that the total project cost of $124,000 consisted of engineering, design, construction, and notice expenses..The Hearings Official questioned why the final assessable cost for sanitary service was 34 percent higher than that quoted to property owners at the LID formatian hearing following the bid opening. Staff indicated that unit costs were often higher in small projects where economies of scale could not be effectively realized. The Hearings Official then ordered that the hearing record be held open to allow staff to provide evidence that the final assessable costs were comparable to other projects of similar size and nature. Mr. Klope further explained that $105,000 of the total project cost would be assessed to abutting property owners on a front footage basis. Under City Code guidelines, the absolute minimum front footage assessed is 60 feet and abutting properties with less than 60 feet of frontage will be assessed as if they had 60 feet of frontage. Kay Holbo, of 2090 Broadview Street and representing the Mulkey Cemetery Association, testified that the Association was staffed by volunteers and that it had no money available to pay an improvement assessment. Ms. Holbo noted that the Mulkey Cemetery was a historical cemetery that was created ~n the 1920s and which, while owning the cemetery property, didn't normally generate income since the right to use the plots were retained by private families. She stated that the Associated has participated in the transfer (sale} of only two lots in its history. These transfers occur when a family has determined that it will not need an unused portion of its burial plot. The Hearings Official opined that his reading of DRS 223.775(5} was that while the Cemetery Association was liable for an improvement assessment the same as an owner of private property, it's liability for the assessment would be limited only to monies in a fund created from five percent of each sale of a burial plot. The Hearings official suggested that the Cemetery Association would have no current liability and would only be required to make a limited payment towards the improvement when burial plot sales occurred after the adoption of an assessment ordinance by the City Council. The Hearings Official stated that in order to clarify the City's position on this issue he would request an interpretation from the City Attorney. Public Hearing Minutes of February 13,199b Job #3207 Page 2 of 2 Ms. Holbo also noted that the cemetery functioned as a park that was of a benefit to the City. Scott Russell 3339 S. Lambert Street questioned whether the interest on an assessment of anon- profitcemetery would apply to the amount of the unpaid assessment, The Hearings Official opined that he believed that ORS 223.775~4~ requires that interest would accrue only on special burial plot assessment account payments that were overdue. Mr. Russell also wondered how an assessment is computed if a property owners frontage is less than 60 feet. Mr. Klape stated that a minimum 64 foot frontage assessment is made. Jon and Michaele Bonynbe wondered when the LID formation poll letter went out as they never saw it. Mr. I~lope stated that the poll letter went out in April of 1994. The Bonynbe's acknowledged that they didn't purchase their property until July of 1994 and that their realtor did not inform them that their property might be subject to an improvement assessment. Mr. Bonynbe wondered what option they had at this point and the Hearings Official informed him that he could request in writing that the City Council not approve the assessment. Mr. Russell questioned staff as to the formula used far dividing up project costs. Mr. Klope indicated that the City would pay for intersection costs and a portion of drainage costs. Mr. Russell also asked whether the project should have included a full concrete apron on property accesses. Mr. Klope responded that staff did not believe that full concrete apron was required where afull cut-de-sac was not present and a partially paved apron was an attempt to keep costs down. He noted that a full concrete apron would cast $1,044 more than the partial gravellconcrete apron constructed. Receiving no further comments, the Hearings Official closed the public hearing at 6:56 p.m. The Hearings Official notified those present that he was keeping the record open to receive the following: 1. Additional information from staff demonstrating that the final assessment costs for sanitary service are comparable to other projects of similar size and type. ~. Documentation that the Mulkey Cemetery Association is a licensed non profit corporation with the State of Oregon. 3 . A response from the City Attorney regarding the City's interpretation of ORS 223.775 RespectfuZiy Submitted, ary . Darnielie Eu ' e Hearing gfficiai ~'XHIBIT B' MEMORANDUM Date: February 13,1996 From: Jeff Lankston, Acting City Engineer To: Hearings official SUBJECT: PAVING, CURBS, GUTTERS AND STORM SEWERS ON LAMBERT STREET FROM BROADVIEW STREET TO 350 FEET WEST AND 250 FEET NORTH CONTRACT #95-~4~ JOB #3Z07~ BACKGROUND This project was initiated by a petitions from property owners who will bear 58.94 percent of the assessable cost. Based on the petitions, the City Engineer initiated the project, as provided for in the Eugene Code 1.1608}, on May 5,1994 and the City Council formed the L1D on June 14,1995. The project has been completed, and final assessment costs have been calculated. The City has received a letter dated February 12,1996 from Mulkey Cemetery Association see attachment}. Their concerns are the cost of the assessment and how they can pay for it, and they feel the cemetery receives no benefit from this improvement project. Staff has researched City Code and ORS relating to cemetery assessments. They have found the following information in ORS 223.715. ~2} Notwithstanding the provisions of ORS 65.555 to 65.815 or any other provision of law, whenever alf or any part of the cost of a street, curb or sidewalk improvement made by a governmental unit is to be assessed to the property benefited thereby, benefited property owned and platted for cemetery or crematory purposes by a cemetery authority shall be assessed the same as private property. The amount of the assessment shall be paid by the cemetery authority as provided in this section. ~3}fib} out of the first funds received for the sales price of any of such lots, the cemetery authority after setting aside perpetual care and maintenance funds as required by law or otherwise shall credit five ~5} percent of such sales price to a special account for the payment of the assessment until a sum equal to the assessment and any interest due thereon has been so credited. The cemetery has 5o feet of frontage on Lambert Street and has been provided driveway access. PROJECT The project included construction of a 2S-foot wide street with curbs, gutters and storm sewers. Hearing Memo -Lambert Street February 13,199fi Page 2 ASSESSMENT Under City of Eugene assessment policy, 85 percent of the improvement costs will be distributed to the abutting property owner. Below are the final unit assessable costs. ~8-foot paving $ 78.3llfront foot Sanitary service $1,981.871each Driveway apron $ 5.481square foot Cost to City: $18,335.67 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: 28-foot paving Sanitary service Driveway apron Cost to City: $19,300.00 REC4MMENDATioN $ 79.93/front foot $ 1,478.64/each $ 4.99/square foot The final improvement costs are comparable than 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 final assessment easupportlpraj-95132~7h rg.m