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HomeMy WebLinkAboutOrdinance No. 20048ORDINANCE NO. .Z.~ AN ORDINANCE LEVYING ASSESSMENTS FDR SANITARY SEWERS oN ABERDEEN STREET FROM ROOSEVELT BOULEVARD To 554 FEET SOUTH; AND DECLARING AN EMERGENCY. ~coNTRACT 95-25}~J4B #334D} The City Council of the City of Eugene finds that: on the 19th day of June, 1995, as authorized in Subsection 7.16 0 ~ 8 } , Eugene Code, 1971 SEC} the City Engineer initiated the proposed local improvement consisting of sanitary sewers on Aberdeen Street from Roosevelt Boulevard to 550 feet south. After due notice and a public hearing thereon before the hearing official, and no remonstrances having been filed, on the 11th day of September, 1995, the City Council farmed the local improvement district and authorized construction of the local im- provement. The actual cost of the local improvement is ascertained to be $59,244.13 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 not ice containing the information required by E . C . 7.18 5 has been pasted 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 DQES 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. 7.16 to 7.19D, 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 sanitary sewers $59,244.13 of which $47,111.57 is hereby assessed against the parcels of property hereinafter described in the amounts set opposite, respectively. DRDINANCE - 2 Section 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. Section 4. The City Council does hereby determine that each parcel of land or lot hereinabove described is specially benefitted 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 l20 monthly install- menu, 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. ORDNANCE - 3 z.o~o. 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.l 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 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 foreclosed as provided by law. The proceeds from the payment or foreclosure of assessments levied by this ordinance shall be ORDINANCE - 4 deposited to the city funds which advanced the cost of construe-- 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 Z~S~Nday of Mme( 1996 City corder Approved by the Mayor this ~~~da of 1995 Y ~' Mayor ~RD~NANCE - 5 ~„~ ,q A --f ~ V] C7 ~ o --~ n cn m o -~ D -I c+ !A C ct v. ~ ~ ~C (n ...,. ~ N r" cn n ~v n n r7 n to ~ ~ ra n ~ --~ -~ ~~~ n m a z v -~ ro ~ • . .. ~ ~ C7 3 iI?•• ~ fD = cn z c!y rp -v n n ~--~ cn -~ za ~ m~ m ~ •• o rn r ~ cn o N c~ r ~ cn m ~ -~ ~ o -o W I--~ ~ n z rn -~ -~ W Lo v~ ~ m z oo ~ ~ m D ---i `C3 ~ o to ~ C CD fD E cn rn -~ -~ o m D c~- ct O rn r~ ~ ~ ~~ ~ ~~ z ~~ o ~ ~ ~ o ~- ~ ~ --~• ~ ~~ o cn ~ --~ ~ rn ~ n. -~~ ~ ~ m ~ ~ ~ 0 ra ~ . . m N ~ N ~1 N N N N ~ Wl0 Or-' CJ7 o O U1 01 o Q ~l ill N ~ lD N V N N N -P W N -P N ~--1 ~ [F~ CTI W Q~ ~1 -~ ~. ~, ~~ ~~ ~~ o. •• N N N o. ~~ 3 to rn n b~ ~m ~o~ cn ~. m n- -~ cn -~ ~~ mcna ~~ ~+ m -n o~ J. cnmm ~~ -~ rt C .~. ~rcn~ ~~ c-r cn m ...,. ~ omz ~~ m ~n -v m ~~ ~v v ~~ o cs-~ to o ~~ ~~ N ~ (.T~ m O ~' F--~ E~~~6T FINDINGS AND RECUMMENDATI4NS SUBJECT: SANITARY SEWERS ON ABERDEEN STREET FROM ROOSEVELT BOULEVARD TO 550 FEET SOUTH (CONTRACT #95-25) (JOB #3340) BACKGROUND This project was initiated by the City Engineer for health and safety reasons failing septic system}, as a logical extension of public facilities in an area already predominately served by a public sanitary sewer system, and after receipt of a petition on April 24,1995, from property owners who will bear 18.6 percent of the assessable cost. The City Engineer initiated the project, as provided for in the Eugene Code 7.1608}, on June 7, 1995. A Local improvement District hearing was held on August 22,1995, and the City Council formed the LID on September 11,1995. The project has been completed, and final assessment costs have been calculated. PROTECT The project included construction of 550 feet of sanitary sewers. ASSESSMENT Under City of Eugene assessment policy, 79.5 percent of the improvement costs will be distributed to the abutting property owners with the balance financed by the City. Below are the final unit assessable costs, Cost to City; Sanitary lateral Sanitary sewer $12,119.01 Projected Assessments $ 0.261square faat $1,048.771each The prior to construction, projected assessable unit costs were developed, based on the low bids received, and were quoted to property owners at the LID hearing following the bid opening: Sanitary lateral Sanitary service $ .311square foot $1,ZS0.721each Cost to City; None PUBLIC HEARING Eugene Public Works staff provided the Hearings Official with a Memorandum which outlined the information set forth above. A public hearing was held on Apri123,1996, at 6:00 p.m. in the Conference Room of the Public ~V'orks Department 2Z5 E. Broadway. Hearings Official Milo Mecham presided. A copy of the minutes of that public hearing are attached as Exhibit A, and a copy of the Memorandum provided by staff is attached as Exhibit B. As described in the minutes, one property owner attended and asked questions concerning the project. The questions concerned the timing of the sewer connections, the rationale for Systems Development Charges, and financing options, The questions were answered and the property owner was given the addresses of the City officers where more information could be obtained. FINDINGS AND RECGMMENDATIUN The Hearings Official finds that notice of the public hearing was provided, all the property owners .were given an opportunity to participate in the hearings, and that the public hearing was conducted in accordance with the relevant provisions of the Eugene Code. The Hearings Officer also 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. The Hearings Official also finds that the final improvement costs are lower than quoted at the local improvement hearing and are comparable to projects of similar size. Recommendation 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 full submitted, Milo Mecham Hearings Official Dated: May 10,1996 Exhibit A MINUTES Local improvement District Sanitary Sewers on Aberdeen Street from Roosevelt Boulevard to 550 Feet South of Roosevelt Job # 3340 April 23,1996 Public Hearing Hearings official Milo Mecham convened the hearing at 6:00 p.m. He descrl~ed the subject matter of the hearing and the procedures to be followed at the hearing. Present at the hearing representing the City of Eugene was Acting City Engineer Jeff Lankston. Acting City Engineer Jeff Lankston began by providing a brief description of the project and its history. The project was initiated on September 11,1995. The project involved the construction of 550 feet of sewers. Mr. Lankston explained that seventy nine and one half percent of the cost of construction is to be attributed to the property owners. The project consists of the construction of lateral lines, which are assessed at twenty six cents per square foot of the area of assessed property, and the construction of service lines, which are assessed at $1,045.77 each. The remainder of the construction costs are to be paid by the city. After Mr. Lankston finished his description of the project, Larry Crane, a property owner within the local improvement district, asked several questions. Mr. Crane's first question concerned the date when the public would be required to connect to the sewer, Mr. Lankston explained that notice of connection letters would be sent, providing the actual date, which would be 18 months from the date of the notice. Mr. Crane asked for an explanation of the System Development Charge SDC}. Mr. Crane was concerned because he did not believe that there had been a previous notice of the SDC. Mr. Lankston explained that the purpose of the SDC is to allow the city to recover a proportional share of the cost of prior construction of the sewer system. The SDC is composed of charges to recover a share of the cost of the local collector system and charges to recover the appropriate share of the cost of the regional treatment system. Mr. Crane also asked about financing options. Acting City Engineer Jeff Lankston explained that the City offers several financing options, in addition to the standard financing program that provides low interest ten year financing. Mr. Lankston offered to send Mr. Crane a complete description of the city's financing options. Mr. Crane and his family had no further questions, and were the only members of the public attending the hearing. 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