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HomeMy WebLinkAboutOrdinance No. 20060ORDINANCE NO . ,~ (~ O (~ Q AN ORDINANCE LEVYING ASSESSMENTS FOR SANITARY SEWERS ON ASH STREET FROM SYCAMORE STREET To 2Q0 FEET; AND DECLARING AN EMERGENCY.~CONTRACT 9529}~JO~ #3376 The City Council of the City of Eugene finds that: 4n the 10th day of August, 1995, as authorized in Subsection 7 . l60 ~ 8 } , Eugene Code, 1971 SEC} the City Engineer initiated the proposed local improvement consisting of sanitary sewers on Ash Street from Sycamore Street to 204 feet south. After due notice and a public hearing thereon before the hearing official, and no remonstrances having been filed, on the lath day of November, 1995, the City Council formed the local improvement district and authorized construction of the local im- provement. The actual cost of the local improvement is ascertained to be $34,483.45 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 . l85 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 adapted 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 C2TY of EUGENE DOES 4RDA2N AS F4LL~W5: Section 1. The Summary of the hearing conducted by the hearings official is 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. Section 2. The actual cost of the local improvement comprised of sanitary sewers is $30,483.45 of which $29,939.90 is hereby assessed against the parcels of property hereinafter described in the amounts set opposite, respectively. oRO~NaNCE - ~ 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 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- 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. DRD~NANCE - 3 ~.ozo. 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 native of the assessments by first class mail to the owners of the assessed parcels containing the information required by E.C. 7.19o 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 Pram the payment or foreclosure of assessments levied by this ordinance shall be ORDNANCE _ 4 deposited to the city funds which advanced the cost of construc- tion, engineering and related expenses ar 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 aver a mayoral veto by two-thirds of all members of the Council. Passed by the City Council this day of f 1996 ~`. City Recor er Approved by the Mayor this ~~day of _ 1996 Mayor ORDINANCE - 5 " EXHIBR ~` """'{ 0 ~' ~ .. ~ (Ti W ~ ~ L/7 (7 ~ C}'1 ~ o --~ n Sn rv o ~ N -~ © -~• c~ -~ ~ o y In r ~ ~ Sn J• ~ 5~ ~ r Sn n ~ n n n cn ~ ~ m n ~+ ~ ~ ~~ ~ ~ ~ z -E ~ •~ ~ ~ rD Q z w o ~•• ~ m -n 5!1 ~--~ n ~ .. = 5!} ~ m ~ ~ ~ ~ ~ ~ ~ m m ~ •• o m r cn o a c~ r cn m ~ 3 ~~ W ~ ~ n z m -~ -~ W to SJ} •-•~ m z o o v ~ _ o --~ ~ -o rn cn c SU m ~ cn cn -n -~ -~ a -~ o ~~- o ~7 ~.._,,. fV N 5'D ~ {n Sl] 5J~ y Z ~ ~ r-•-~ ~ c+ ~ fD y C~ ~ o ~ -~ ~ ~. ~~ ~ o m ~ ~~ ~ o Q J• m ~ ~ ~ o -~ ~n n o ~ cn ..o o -~ ro 3 ~ m ~ Snn~ ~. ~ 5'D m n v, -~ ~ y 3 ~~ O 5'D (n p ~ ~~ m ~- m -n ~ o~ o ~• ~ cn (~ m n ~- ~ cn -~ ~+ c _ .~. ~~o ~ ~~ •--I rt cn m olLz m N S:Ti 15.7 ~ W W O l57 Ul O 15,7 CJ 1 O C7 W n] O tD -P iJ7 l4 W -P W W W 1D -P CFA 1D to cn o iC7 (7 vm --~ to N ~ (}~ IV ~ SJl to O ~~ ~n N ,n cn m 0 o~ N " ~~ FINDINGS AND RECgMMENDATIaNS SUBJECT: FINAL ASSESSMENT FOR SANITARY SEWERS ON ASH STREET FROM SYCAMORE STREET TO 200 FEET SOUTH (CONTRACT #95-29) (JOB #3376) BACKGROUND In August, ~ 995, the city received notice from a property owner at 235 Ash Street that the septic tank on the property had failed. The property owner requested connection to the public sanitary sewer system. An extension of the public system is required to provide public sanitary sewer service to this lot. ~n August 7,1995, the City received a petition requesting construction of the public system from the property owner at 235 Ash Street. This person owns three ~3} of the five ~5} lots that would receive service from the proposed extension of the system, All five of the lots that would receive services are on the east side of Ash Street. Except for the property on the northeast corner of Ash and Sycamore Tax Lot #17-03-30-23- OOS00}, lots on the east side of Ash Street, between Sycamore and Lewis Street have not previously been assessed for a public sanitary sewer service, nor do these Tots receive service from a public sanitary sewer. The City Engineer initiated the project, as provided for in the Eugene Code 7.1605} on August 10,1995. The City Council formed the Local Improvement District on November 13,1995. The project has been completed and final assessment costs have been calculated. PRO ECT The pro jest included construction of 224 feet of sanitary sewers. ASSESSMENT Under the City of Eugene assessment policy, 9S percent of the improvement costs will be distributed to the abutting property owners. Below are the final unit assessable costs. Sanitary lateral $ 0.761square foot Sanitary service $1,135.091each Cost to City: $543.55 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: Sanitary lateral Sanitary service $1.731square foot $ 2,246.101each SANITARY SEWERS ON ASH STREET FRGM SYCAMORE STREET T4 2Q0 FEET SQUTH FINAL ASSESSMENT PAGE The change from the projection of no cost to the City, made at the time of the formation of the local improvement district, reflects interest charges incurred during the campletion of the praject. PUBLIC HEARING The property owners were notified of the pending final assessment hearing 10 days prior to the hearing. A public hearing was scheduled for August Z2,199b. Apre-hearing poll of the property owners indicated that no property owner wished to attend the public hearing. Therefore, no public hearing was held on the matter. Eugene Public works provided the hearings official a memorandum from Acting City Engineer Robert Lankston concerning the final assessment. See attached. } FINDINGS AND RECGMMENDATI[]NS Prncert~Ire The Hearings Official finds that notice of the public hearing was provided in accordance with the relevant provisions of the Eugene Code, and that all property owners were provided an opportunity to participate in the proceedings. Nature of the Assessment The Hearings Officer finds that the pra ject will be one for which the assessments are for local improvements, as set forth in ORS 310.410 because 1. The assessments are not pra jected to exceed actual costs; 2. The assessments will be 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 will be imposed in a single assessment upon completion of the project; and 4. The assessments will allow the property owners to elect to pay the assessment with interest over at least ten ~ 10} years. Recommendation The final improvement costs are cower than quoted to the property owners before the project began. 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 b . Y the City Engineer. Respectfully submitted, ,~ .~, Milo Mecham ~~~~ Dated: August 2b,199b Hearings Official SANITARY SEWERS ON ASH STREET FROM SYCAMORE STREET TO 200 FEET SOUTH FINAL ASSESSMENT PAGE 2 6 F P uu C'~ ~ ~ u !~" ~ f J Y 1 ^ g V V V V V V ~,U -~. v - ~O ~0 Z7© ~p ~O ~O X ~ c~- ~ ~ W ~ W ~ W ~ W ~ W ~ W ~ N~ OW OW OW OW OW OW O .. .• C ~{ V p "~ p "O p T3 p •}~ V C~ ~{ V O r'~' ~ CD N fD N N N !D N CD N f[7 N p~ Lb € ~ W ~ W ~ W ~ W ~ W ~ W .. ~ ~ c-~ ~ c-1- i c-I' i c~' ~ c+ ~ ct i C37 W a ~[ o ~[ a ~[ a ~[ o ~[ o ~[ o .p ~ ~ ~ rl 0 0 0 ~ x aN o~ ao o~ o0v am y~o ~ mo mo mo r~o r~o Apo ~~n cno cno tn© cno cno cno rn x n n n n n n F -~ J. ~ J, -~ .,,,J. ~ J, ~ J, ~ J. ("t' C"'f f"~' C'r C"r C'F r J. J. J. J. .~. 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O•• ~ ~ ' m~ W ~o ~o m W '~ mW R ~V ~ rn O E rWCn rwcn rWU? mN~ mNV-n mr-~ym o 0~-~-I O~~ OQl-{ Cd~~ C~D~,T1 COo--IC ~ N ~. z Z z ,n~+H ~7CT1H0 ~,7N-~O ~ D a~c~ o-Ir7 own m z m z= mozm m o omr Omr omr zy~ z~-loa z •• z -~ ~ z7~y z~y z~y mtnrn mcnm~ m~ m -n rnH~7 mH7C7 rnH~ = OOC7 ~ f~1 ! z ~ Z ~ z ,Z7 O V7 it7 O {.!} iTJ O (!~ = r-~ fi ~ ~©~ ~o~ ~o~ ;o~© ~--~Or ~amz--i o ' r z r z r- z m r~H cz~ ~ to ~n z~z z~z zyz ~o m to mz ~m-~ ~ o vm E ©~~ o~~ o~y V ~ V ~a Vr v ~ c -~cn ~ rn m m ~ -i ~ --i ~ -P --~-~ 3 ~ ~-r -I N ~v o O o m ~v ~~ = r.,a N E N = N =r NCAO7'C O Old r r {n ~ L/) O C H '~ V? Cn (/) ~ Z O i i ~ ~ ~ m v v~ v 1 N N N ~ m ~ y m m rn ~~ ~m x x x 3 -I o H O F..s D W z ~T_~I~ :: - ~ ~ ~ Date: August 22,1996 From: Robert J. Lankston, Acting City Engineer To: Hearings Official SUBJECT: SANITARY SEWERS ON ASH STREET FROM SYCAMORE STREET TD X00 FEET SOUTH. CONTRACT #95~29~ JOB #3316 BACKGROUND The project start in August of 1995, when the city received a letter from a property owner that their septic tank had failed and wanted to be connected to the public sanitary system. In order to provide a public sanitary sewer to this lot, an extension of the public system was required. On August 1,1995, the City received a petition requesting construction of the public system from the property owner at 235 Ash Street who owned three ~3} of the five ~5} lots that are assessed. The City Engineer initiated the project, as provided far in the Eugene Code 1.1608} an August 10,1995, and the City Counci! farmed the LID on November 13,1995. The project has been completed, and final assessment costs have been calculated. on the petition poll letters}, the City Engineer initiated the project, as provided for in the Eugene Code 7.1608} on August 10,1995, and the City Council formed the LID on November 13,1995. The project has been completed, and final assessment costs have been calculated. PROJECT The project included construction of 224 feet of sanitary sewers. ASSESSMENT Under City of Eugene assessment policy, xxx percent of the improvement cysts will be distributed to the abutting property owners. Below are the final unit assessable costs. Sanitary lateral Sanitary service $ .76/square foot $1,138.09/each Cost to City: $543.55 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: Sanitary lateral Sanitary service $ 01.73/square foot $2,246.10/each ~~~~]~iili'~I~1~17~-~[~7~ The final improvement costs are lower than quoted at the local improvement hearing and are less than projects of similar sire. 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