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HomeMy WebLinkAboutOrdinance No. 20082ORDINANCE NO. ~Q~~ AN ORDINANCE LEVYING ASSESSMENTS FOR PAVING, CURBS, GUTTERS, SIDEWALKS, SANITARY AND STORM SEWERS 4N CRESCENT AVENUE FRDM CRESCENT MEA.DQWS TO GAME FARM RQAD; AND DECLARING AN EMERGENCY. ~CQNTRACT 96~-15} JOB #3341} The City Council of the City of Eugene finds that: on the 14th day of November, 1995, as authorized in Subsection 7 , l5 0 ~ S } , Eugene Code, 1971 SEC} the City Engineer initiated the proposed local improvement consisting of paving, curbs, gutters, sidewalks, sanitary and storm sewers on Crescent Avenue from Crescent Meadows to Game Farm Road. After due notice and a public hearing thereon before the hearing official, and no remonstrances having been filed, on the 22nd day of July, 1996, the City Council formed the local improve- meat district and authorized construction of the local improvement. The actual cast of the local improvement is ascertained to be $385,753.38 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 ordinance - 1 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 scheduled public hearing before the hearing official. At the time and place specified therein, and no persons appearing personally or in writing, nor any remonstrances having been filed, the hearings official considered the evidence and has reported his 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, and based thereon, THE CITY 4F EUGENE DOES ORDAIN AS FELLOWS: Section 1. The hearings official's summary 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 7.190, 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, sidewalks, sanitary and storm sewers on Crescent Avenue from Crescent Meadows to. Game Farm Road is ordinance - 2 $386,753.38 of which $260,297.88 is hereby assessed against the parcels of property hereinafter described in the amounts set opposite, respectively. Sectian 3. The City Council does hereby determine and assess each lot and part of lot being within the described local improver 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 ar parcels of land against which said several amaunts 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. Ordinance - 3 4.2 If the property owner sa elects, in 120 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. 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, 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. 7.190 and enclose therewith an application for paying the assessment in installments according to the terms set forth in Section 4 of this ordinance. Ordinance - 4 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 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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Q- cn ~ c ~c r~r cn m ~. ~. omz ~~ m ,Z7 n vm ~~ N Z7 C!1 N O U1 (Il Q (/7 'O ~~ N f,7 cn m 0 o~ Ext+o~rr S EUGENE HEARINGS OFFICIAL FINDINGS AND RECOMMENDATIONS SUBJECT: PAVING, CURBS, GUTTERS, SIDEWALKS, SANITARY AND STORM SEWERS ON CRESCENT AVENUE FROM CRESCENT MEADOWS TO GAME FARM ROAD CONTRACT #9615} JOB #3341 } BACKGROUND This project was initiated by a irrevocable petition from the two ~2}property owners within the Local Improvement District SLID} and will bear 14~ percent of the assessable cost. Based on the irrevocable petition, the City Engineer initiated the project, as provided for in the Eugene Code 7.1648}, on November 14,1995 and the City Council formed the LID on July 22, 1996. The project has been completed, and final assessment costs have been calculated. City staff met with the two ~2} property owners an March 23, and addressed their concerns on the cost of the improvement project. PROJECT The project included construction of 29o feet of a 22-foot wide paved half street}, curbs, gutters, boo feet of 44-foot wide paving, curbs, gutters, sidewalks, storm and sanitary sewers. ASSESSMENT Under City of Eugene assessment policy, 67 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 casts. 36' Paving $ 77.371front foot Sanitary lateral $ ~.211sq. foot Sidewalk $ 21.5olfront foot Storm sewer $ O.o4lsquare foot Cost to City: $126,455.52 Paving $47,692.98 Storm $45,927.4 Sanitary $32,535.14 The assessable unit costs listed below are based on the law bids received prior to construction and were quoted to property owners at the LID hearing following the bid opening: 36' Paving $ 87.751front foot Sanitary lateral $ .251square foot Sidewalk $ 25.lalfront foot Storm sewer $ ~.041square `foot Findings and Recommendations -Job #3341 March 28,199? Page 2 of 2 RECGMMENDATIGN A public hearing regarding the proposed assessment was scheduled for b:oo p.m. on March 25, 1997. Because no persons indicated an interest in attending the hearing, the hearing was canceled. The Hearings official received a March 25,199G memorandum from the City Engineer outlining the above information and recommending approval of the assessment. Based upon the available information, it is the finding of the Hearings Official that this project has been initiated, bid and constructed in accordance with the provisions of the Eugene Code. Yt is the further finding of the Hearings Official that the final improvement costs are lower or equal to those quoted at the local improvement hearing and are comparable to most projects of this type. Finally, the Hearings Official finds that the proposed assessments are calculated in accordance with the Eugene Code and that the project is one for which the assessments are for a local improvement as set forth in ORS 310.140 because: (1 } The assessments do not exceed actual costs; ~2} The assessments are imposed for a Capital frnprovement Construction Pro ject 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, Gary . Darnielle He ring Official MEMORANDUM Date: March 25,1991 Frvm: Les Lyle, City Engineer Ta: Hearings Ofl•icial SUBJECT: PAVING, CURBS, GUTTERS, SIDEWALKS, SANITARY AND STORM SEWERS ON CRESCENTAVENUE FRGM CRESCENT MEADGWS TG GAME FARM RGAD ~CGNTRACT #9fi-~5~ ~J4B #3341} BACKGRQUND This project was initiated by a irrevocable petition from the two (2) property owners within the Local Improvement District (LID) and will bear 100 percent of the assessable cost. Based on the irrevocable petition, the City Engineer initiated the project, as provided for in the Eugene Code 7.1608}, on November 14,1995 and the City Council formed the LID on July 22, 1996. The project has been completed, and final assessment costs have been calculated. City staff met with the two (2) property owners on March 23, and addressed their concerns on the cost of the improvement project. PROJECT The project included construction of 290 feet of a 22-foot wide paved half street}, curbs, gutters, 600 feet of 44-foot wide paving, curbs, gutters, sidewalks, storm and sanitary sewers. ASSESSMENT Under City of Eugene assessment policy, 6l percent of the improvement casts will be distributed to the abutting property owners with the balance financed by the City. Below are the final unit assessable costs. 36' Paving Sanitary lateral Sidewalk Storm sewer Cost to City: $126,455.52 Paving Storm Sanitary $41,692.98 $45,927,40 $32, 835.14 $ 77.37/front foot $ 0.21 /sq. foot $ 21.50/front foot $ 0.04/square foot HEARING MEMQ -CRESCENT AVENUE March 25,1997 Page 2 The assessable unit costs listed below are based on the lvw bids received prior to construction and were quoted to property owners at the LID hearing following the bid opening: 36' Paving Sanitary lateral Sidewalk Storm sewer $ 87.75/front foot $ .25/square foot $ 25.10/front foot $ .04/square foot REC4MMENDATlON The final improvement costs are lower than quoted at the local improvement hearing and are comparable to projects of similar size. 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