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HomeMy WebLinkAboutOrdinance No. 20080ORDINANCE NO. ~~~~ AN ORDINANCE LEVYING ASSESSMENTS FOR SANITARY SEWERS IN THE SANTA CLARA AREA F4R BASINS "X". '~S", AND "U" AND DECLARING AN EMERGENCY. CONTRACT #96-08~ 96-49,96-14~ tMASTER #1996- 1~a9~ FINDINGS: In the exercise of its discretion to determine what is necessary or essential, the City Council has previously authorized the construction of a sanitary sewer system in the Santa Clara Area. In Resolution No. 4486 adopted by the City Council on June 10, 1995, the Council directed that sanitary sewers be constructed to serve certain property that would be benefited thereby. 4n March 5, 1995 advertised} April 25, 1996 bid opening}, the City Engineer called for bids on the proposed improvement and based thereon has determined the final cost to construct . the proposed improvement including local and regional Systems Development Charges ~SDC} to be $4,456,803.75 of which $3,517,727.53 is to be assessed to and borne by the specially benef fitted property described in Exhibit C hereto, as provided in Section 7.170 of the Eugene Code, 1971 ~E. C.} and E. C. 7.175. xSU oRDINANCE - Page 1 A notice containing the information required by E. C. 7.155 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 at least ten days prior to the public hearing before the Hearings Official. At the time and place specified therein, a Hearings Official received the report of the City Engineer and Finance Officer as required by E . C . 7 . l 8 7 ~ 1 } , heard all evidence and argument presented, fully considered the same and has reported his adapted findings to the City Council. Because of the general proximity of the sanitary sewers constructed in Basins irk it ! rr S rr ~ and "U" , because the work was dare during the same construction season, because the historic public notices, hearings, proceedings and information have been the same for the specially benefitted properties, and because of savings in engineering and administrative costs, it is equitable that the cost of the three separate contracts under which the local improvement has been constructed in 1996 be combined when calculating the assessments for the individual specially benefitted properties. Parcels for which sanitary sewers were constructed earlier but which were not fully assessed until being included in this local improvement district are to be assessed based on the same unit values as the 1996 construction. XSU ORDINANCE - Page ~ The extra capacity constructed in existing sanitary sewer interceptor lines in the River Raad and Santa Clara areas was dare with the intention and determination that the costs of that extra capacity benefitted the property to be served by such .,interceptors and that the costs therefore would be equitably spread to all properties served within the River Road and Santa Clara areas. The $0.025 per square foot local SDC included in the billing equitably spreads such extra capacity costs to all the properties in the River Road and Santa Clara areas. Without such extra capacity to receive sewage the sanitary sewer laterals and service lines recently constructed could not function and would not immediately benefit the abutting properties. None of the revenue received from the $0.025 local SDC will be used for projects to be constructed outside the River Road and Santa Clara areas nor to reimburse the City for projects it has constructed for other areas . The affected property is also obligated under E. C. 7.705 to pay a development charge for regional sewerage facilities prior to connection to the sanitary sewer ~regianal development charge. Such charges may be paid in installments on the same basis as local improvement assessments. As a convenience to the owners of the affected property and as a means of avoiding multiple billings of accounts receivable to each affected property owner, the notice of xSU ORDINANCE ~- Page 3 assessment and the obligations created by this Ordinance shall also include the local and regional development charge. The totals costs for this capital construction project are as set forth on Exhibit A, attached hereto and incorporated herein by this reference. In these proceedings for the formation of the local improve- ment district and the levying of special benefit assessments, the City has afforded the owners of the affected property the same notice, opportunity to be heard and all other rights and remedies which the owners of property within the city have under the Charter and ordinances of the City. The City Council has reviewed and considered the assessment report of the City Engineer and Finance Officer and the findings and summary of hearing prepared by the Hearings Official, and based thereon: THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Sec_tian 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 above findings and the Hearings official's findings, including those regarding compliance with E. C. 7.160 through 7.190, attached hereto as Exhibit B and incorpo- rated herein by reference, are hereby adopted. XSU ORDINANCE - Page 4 ,~ec_tion~,2 , The costs of construction of the improvements, including the overhead casts specified in E. C. 7.17D and whatever other special costs, such as expenses incurred to obtain short--term financing and to defend legal challenges to the City's authority to undertake these improvements, as are necessary to make the improve- menu, as declared in the Hearings official's findings are hereby assessed against the parcels of land and lots hereinafter described in the amounts set opposite, respectively. Notwithstanding that the improvements in Basins "x", "S", and "U" were constructed under three separate contracts, all costs of the improvements are combined for the local improvement district as a whole and are apportioned on that basis. The division of this local improvement district rota three areas is for engineering and administrative convenience and has no relation to the manner in which costs are to be assessed to individual specially benefitted properties within this local improvement district. Section 3. The City Council does hereby determine and assess each parcel of land and lot being within the described local improvement 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 xSU ORDINANCE ~- Page 5 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 and lots 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 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 adoption 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; or 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. 2.020. ,Sec~ion,5. The parcels and lots herein assessed are also obligated to pay a development charge for local and regional sewerage facilities under E. C. 7.705. If the local and regional development charge is unpaid at the time the notice required by Section 4 of this ordinance is sent, the local and regional XSU ORDINANCE - Page 6 development charge shall be included in the notice and shall be a lien against the property to be paid along with the assessment as provided in this Ordinance. Section 6. The City Recorder is directed to enter in the docket of City Liens a statement in connection with each unpaid assessment containing the following: 6.1 A description of each lat, part of lot or acreage specially benefitted by the local improvement; G.2 The name of the awner or reputed owner thereof or that the name of the owner is unknown; and 6.3 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. The City Recorder is further directed to file with the county clerk a certified transcript of the assessments as required by ORS 224.090. Section 7. Upon enactment of this ordinance, the Finance Officer shall send notice of the assessments and local and regional development charges by first class mail, postage prepaid, to the owners or reputed owner 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 XSU ORDINANCE -~ Page 7 the terms set forth in Section 4 of this Ordinance. Such notice may also include information regarding programs that allow the . deferral of payment of the assessments for qualified property owners. Sect_ion__8. The unpaid assessments and local and regional development charges and any assessment to be paid in installments that is in default shall be foreclosed as provided in E, C. 7,2252} or collected as otherwise provided by law. Section 9. Proceeds from the payment or foreclosure of assessments levied by this ordinance shall be deposited to the City funds as follows 9.l The determination to use a rate of $0.025/square foot of total lot for the local system development charge under E. C. 7.705 et seq is ratified and the proceeds therefrom shall be used to reimburse the City far the cost of the extra capacity required in the sewer interceptor system to serve properties within the River Road and Santa Clara area; and 9.2 The proceeds from the regional development charge shall be deposited to the appropriate fund; and 9.3 The balance of the proceeds shall be deposited to the City funds which advanced the cost of the construction of the sanitary sewer system serving the properties assessed herein xSU ORDINANCE - Page 8 and may be used to reimburse the City for its costs in constructing said sanitary sewer system or to retire any indebtedness incurred by the City for that purpose. Section 14. The matters Contained in this ordinance affect the public health, safety and welfare concerning the City' s ability to Continue to finance the Construction of sanitary sewers using its sewer utility funds. 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 , 1997. ~ _ ~- pry City Recorder Approved by the Mayor this ay of~~, 1997 . 1. Mayor XSU oRDINANCE ~- Page 9 EXHIBIT A, Assessment Distribution, not attached. It is available by written request to the Eugene City Recorder's Office.