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HomeMy WebLinkAboutOrdinance No. 20050ORDINANCE NO. ~QQ,S(~ AN ORDINANCE LEVYING ASSESSMENTS FOR PAVING. CURBS, GUTTERS, AND SANITARY SEWERS ON ELIZABETH STREET CUL-DE~SAC. FROM ELIZABETH STREET To 164 FEET WEST; AND DECLARING AN EMERGENCY,~CONTRACT 95-24}tJOB #3~7~} The City Council of the City of Eugene finds that: on the 22nd day of December, 1994, as authorized in Subsection 7 . l60 ~ 8 7 , Eugene Code, 1971 ~EC~ the City Engineer initiated the proposed local improvement consisting of paving, curbs, gutters, and sanitary sewers on Elizabeth Street cul-de-sac, from Elizabeth Street to 160 feet west. After due notice and a public hearing thereon before the hearing official, and no remonstrances having been filed, on the 7th day of August, 1995, the City Council formed the local improve- ment district and authorized construction of the local improvement. .a. The actual cast of the local improvement is ascertained to be $58,255.79 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- vial's findings and summary of the hearing, and based thereon, THE CITY of EUGENE DOES ORDAIN AS FOLL4W5: Section 1. The Summary of the hearing conducted by the hearings official is 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. 7.160 to 7.19, attached hereto as Exhibit B and incorporated herein by reference, are hereby adopted. Section 2. The actual cost of the local improvement compris- ing paving, curbs, gutters, and sanitary sewers is $58,255.79 of which $40,146.40 is hereby assessed against the parcels of property hereinafter described in the amounts set opposite, respectively. ~RD~NANCE - 2 Section 3. The City Council does hereby determine and assess each lot and part of lot being within the described local improve- meet 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 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 ORDINANCE ~ 3 charge to be determined by the City Manager as provided in E.C. 2.a2o. 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, or 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. 7.19 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 far which no application far installment payments has been received may be foreclosed as provided by law. The proceeds from the payment or CRD~NANCE - 4 foreclosure of assessments levied by this ordinance shall be deposited to the city funds which advanced the cost of construc- Lion, 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 day of ~_ 1996 ~~ ~ ~ City Reco der Approved by the Mayor this ~~day of ~. 1996 ~r~ ~ ~~ '~ ~~~~ Mayor ORDINANCE - 5 ~. ~-~! 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(/] J m~ ~ V ~ ^ o cn J, cnNm ~~ ~ c--r C .~. ~~~ ~~ ~- ~ m J. ~} OCUz m ]C7 C7 -r~ m ~~ N ~ U1 N O CJl V7 O w ~ m N ~ ~ ~ ~ H N (.T1 lal i ~ 0 oa o m N --f -P = n c r 0 m I n C/7 'O ~~ N ~7 cn m 0 oN N r EUGENE HEARINGS gFFICIAL FINDINGS AND RECgMMENDATIgNS SUBJECT: PAVING, CURBS, GUTTERS, AND SANITARY SEWERS qN ELIZABETH STREET CUL-DE-SAC, FRgM ELIZABETH STREET Tq 160 FEET V'~EST. ~CUNTRACT #95-24} ~JQB #372} BACKGROUND This project was initiated by a petition (poll letters) from property owners within the LID supporting the improvement who will bear 50.09 of the assessable cost. This project qualifies for the subsidy program with benefits applying to owner occupied properties where eligible. Based on the petition poll letters}, the City Engineer initiated the project, as provided for in the Eugene Code 7.16a~8} on December 22,1994, and the City Council formed the LID on August 7,1995. The project has been completed, and final assessment costs have been calculated. PRgJECT The project included construction of a 2S foot wide street with curbs and gutters, sanitary sewer, and a cul-de-sac bulb on the west end, ASSESSMENT Under City of Eugene assessment policy, 78.6 percent of the improvement costs will be distributed to the abutting property owners. Below are the final unit assessable costs. Paving - 28 foot Sanitary lateral Sanitary service Cost to City: Paving Concrete Sanitary Total Cost to City $ 57.67/front foot $ .35/square foot $1,445.58/each ~ 6,305.82 $ 2,668.a4 $ 4,x51.56 $12,534.63 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: Paving - 28 foot $ 65.99/front foot Sanitary lateral $ 0.36/square foot Sanitary service $1,368.29 each Cost to City: Paving $ 7,365.57 Concrete $ 1,562,74 Sanitary $ 4,379.61 Total cast to City: $13,307.92 Cne property within the LZD qualified fora 516 subsidy far the street assessment. The total subsid allocation was $5 574.75. y Frnd~ngs and Recommendations Job #3272 Page 2 of 2 FINDINGS AND REC~MIVIENDATII)N Staff provided the Hearings ~ffzcial with a memorandum which outlined the above information and which recommended approval of the assessment as calculated. A public hearing regarding the proposed assessment was scheduled for 6:00 on June 22,1996. Because no persons indicated an interest in attending the hearing, the hearing was canceled. Based upon information received from city staff, the Hearings official finds that the final assessment costs are based upon the low bid and are comparable to other projects of similar size and nature. The Hearings official additionally 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 official finds that the project is one for which the assessments are for a local improvement as set forth in SRS 310.140 because: (1) The assessments do not exceed actual costs; (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 in 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, Gar Darnielle Date arings Official MEMORANDUM Date: May 22, 1996 From: Robert J. Lankston, Acting City Engineer To: Hearings ~ffcial SUBJECT: PAWING, CURBS, GUTTERS, AND SANITARY SEUVERS GN ELIZABETH STREET CUL-DE-SAC, FRGM ELIZABETH STREET TG X64 FEET V11EST. CONTRACT #95-24~ JOB #3Z12~ BACKGROUND This project was initiated by a petition poll fetters} from property owners within the LID supporking the improvement who will bear 50.09 of the assessable cost. This project qualifies for the subsidy program with benefits applying to owner occupied properties where eligible. Based on the petition poll letters}, the City Engineer initiated the project, as provided for in the Eugene Code 7.1608} on December 22,1994, and the City Council formed the LID on August 7, 1995. The project has been completed, and final assessment costs have been calculated. PROJECT The project included construction of a 28 foot wide street with curbs and gutters, sanitary sewer, and a cul-de-sac bulb vn the west end. ASSESSMENT Under City of Eugene assessment policy, X8.6 percent of the improvement costs will be distributed to the abutting property owners. Below are the final unit assessable costs. Paving - 28 foot Sanitary lateral Sanitary service Cost to City: Paving Concrete Sanitary Total Cost to City $ 57.67/front foot $ .35/square foot $1,445.58/each $ 6, 305.82 $ 2,668.a0 $ 4,051.56 $12, 534.63 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: Paving - 28 foot $ 65.991front foot Sanitary lateral $ o.361square foot Sanitary service $1,368.29 each Cost to City: Paving $ 7,365.57 Concrete $ 1,562.74 Sanitary $ 4,379.61 Total cast to City: $13,301.92 Qne property within the L1D qualified fora 516 subsidy for the street assessment. 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