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HomeMy WebLinkAboutOrdinance No. 20131ORDINANCE NO. ~.~ / 3 L AN ORDINANCE LEVYING ASSESSMENTS FOR CONSTRUCTION OF SIDEWALKS AND ACCESS RAMPS IN 24 VARIOUS LOCATIONS; AND DECLARING AN EMERGENCY. (CONTRACT 97-18)(JOB #3411) The City Council of the City of Eugene finds that: 4n the 8th day of Cctober,1996, as authorized in Subsection 7.1608}, Eugene Code, 1971 SEC} the City Engineer initiated the proposed local improvement consisting of construction of sidewalks and access ramps in 24 various locations, After due notice and a public hearing thereon before the hearing official, and no remon- strances having been filed, on the 8th day of September, 1997, the City Council formed the local improvement district and authorized construction of the local improvement. The actual cost of the local improvement is ascertained to be $110,742.08 and the amounts to be assessed to and borne by the specially benefitted property and to be borne by the City or others have 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. 7.1 SS was posted an a bulletin board at City Hall and given by certified mail to the owners of the parcels of real property subj ect 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 ordinance -1 adopted findings to the City Council. The Council has reviewed and considered the assessment report of the City Engineer and Finance ~]fficer and the hearings official's findings and summary, and based thereon, THE CITY nF EUGENE DOES GRDAIN AS FOLLawS: Section 1. The hearings official's summary is hereby made a part of the Council's record in these proceedings, and the hearings off cial'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 Z. The actual cost of the local improvement consisting of sidewalk construction and access ramps in 24 various locations is $110,742.oS of which $30,689.87 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 improvement district asset 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 herein above 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 effective date of this ordinance: Ordinance - 2 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 installments, 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: 5.1 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 Off cer shall send notice of the assessments by first class mail 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 ar foreclosure of assessments levied by this ordinance shall be deposited to the city funds which advanced the cost of construction, engineering and related expenses or which are used to retire any indebtedness incurred by the City for this improvement, Section S, That the matters contained herein affect the public welfare and safety and therefore, an Ordinance - 3 emergency is hereby declared to exist, and this ordinance shall become effective immediately upon its passage by the City Cauncil and approval by the Mayor, retention by the Mayor for more than ten days, or re-adoption over a mayoral veto by two-thirds of all members of the Council. 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W ~"~ .~ ~] Q 3 ~O O J 0 C 0 rta n 0 w rn V 0 m r a m v a z w 0 rn OD V I ~--~ I~ I~ !~ to I~ to I~ I~ I~ I~ I~ f 1 I I I { f I~ I~ to !~ I~ I~ 3 n -~ ~ r~ cn o cn cn r+~+mr~ c~~~r~ J V }~1V N+ V ~ ~ o ~c ~+ ~• a m ~ z7 ~ o n~oc~ c-rv J ro m r~ ~ ~ ~ ~ a ~, ~ --~, -~ m m D ~ • ~-+ ~ c+ C ~ t!l CJ] G7 ~ ~~ ~o~cnm lD C c`F to fD .-, (D Z V~ ~'1~ o m ~• m o~ ~ oc+LU po •• ~n ~m -wl cn N ~ ~ R1 ~~ fn O Cn "~ -~ a N G) ~m a o~ B EUGENE HEARINGS UFFICIAL FINDINGS AND RECGMMENDATIGNS SUBJECT: CONSTRUCTION OF SIDEWALKS AND ACCESS RAMPS IN 24 VARIOUS LOCATIONS (CONTRACT #97-18) (JOB #3411) BACIiGRUUND In 1993, the Eugene City Council adopted the Transportation Rule Implementation Project STRIP} code amendments to comply with a newly established Statewide transportatian Goal 12. Goal 12 was designed to reduce reliance on the automobile; increase opportunities for the use of bicycles, transit, and walking; and create a more balanced transportation system with a greater range of transportation options. Also, in 1993, in response to TRIP and Goal 12, the Eugene City Council adopted an update of its sidewalk program "Eugene Sidewalk Program 1993". The plan identified a Z4-year program that would result in construction of most of the missing segments of sidewalks on improved streets within the city limits that meet specific criteria. The City Council approved an initial three-year program to construct the high-priority areas first, beginning in 1994. an March 6,1995, the City Council passed a Resolution authorizing implementation of design, acquisition and bidding of the final two years of the three-year program. This project represents the final Local Improvement District for the tn~t~al program. The Local Improvement District (LID} was formed on September $,1997 and the prope~~ty owners will bear 2$ percent of the project cost. The project has been completed, and final assessment costs have been calculated. City staff received one phone call from a property owner ~Mr. James Trench, manager of J.C. Penny Company}. Staff addressed his questions regarding the sidewalk program and ownership of the parcel that is being assessed Tax Lot o 1$0$, Assessor's Map 17-~3-19-3~}. Mr. Trench was provided with all letters that were sent to property owners within the LID and to this property. PROJECT The project included construction of sidewalks for $ properties on the fallowing streets: 1. Goodpasture Island Road 4, lOt~ Avenue ~. 4or~ Avenue East 5. Jacobs Drive 3. Royal Avenue 6. Augusta Street Access ramps were constructed at various intersections. ASSESSMENT The City will finance the nonassessable cost the sidewalk width greater than five feet and pedestrian ramping for residential zoned properties} and for access ramps. Under City of Eugene assessment policy, ~8 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. 4" Concrete Sidewalk $ 6.151Sq. Ft. 5"Concrete Sidewalk $ 6.471Sq. Ft. Findings and Recommendations--Job #3411 October 5,199$ Page 2 of 2 Cost to City: $ 80,052.21 access ramps} Assessable Cost: $ 30,659.87 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: 4" Concrete Sidewalk $ 7.021Sq. Ft. 5" Concrete Sidewalk $ 7.891Sq. Ft. Cost to City: $ 80,509.03 access -ramps} Assessable Cost: $ 37,748.05 RECOMMENDATION A public hearing regarding the proposed assessment was scheduled for 6:00 p.m. on October 1, 1998. This hearing was canceled because no one wished to offer testimony. No written testimony. was received. The Hearings Official received an October 1,1998 memorandum from the City Engineer outlining the above information. 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 and Transportation Rule Implementation Project. It is the further finding of the Hearings Official that the final improvement costs are lower than quoted at the local improvement hearing and are comparable to mast projects of similar size. 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 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 adapt an ordinance for the assessment as set forth by the City Engineer. Respectfully submitted, Gary . Darnielle He mg Official