HomeMy WebLinkAboutOrdinance No. 20145ORDINANCE NO. ~_~~
AN ORDINANCE LEVYING ASSESSMENTS FOR
CONSTRUCTION OF CONCRETE ALLEY PAVING AND
STORM DRAINAGE BETWEEN EMERALD AND ONYX
STREETS AND EAST 18TH AND EAST 19TH AVENUES, AND
DECLARING AN EMERGENCY.
(CONTRACT 98-15)(JOB #3592)
The City Council of the City of Eugene f nds that:
Gn the 25th day of September,1997, as authorized in Subsection 7.1605}, Eugene Code,
1971 SEC}the City Engineer initiated the proposed local improvement consisting of construction of
concrete alley paving and storm drainage for the properties abutting the alley from East 18th Avenue
to East 19th Avenue between Emerald and anyx'Streets.
After due notice and a public hearing thereon before the hearing official, and no remon-
strances having been filed, on the 27th day of July,199S, the City Council formed the local improve-
ment district and authorized construction of the local improvement.
The actual cost of the local improvement is ascertained to be $120,072.25, 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. 7.17o and 7.175.
A notice containing the information required by E.C. 7.1 S5 was posted on a bulletin board
at City Hall and given by certif ed mail to the owners of the parcels of real property subj ect to the
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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 Off~cer and the hearings official's findings and summary, and based thereon,
TI3E CITY OF EUGENE DUES URDAIN AS FULLUWS:
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 f ndings, 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 construction of concrete
alley paving and storm drainage far the properties abutting the. alley from East 1St" Avenue to East
19t" Avenue between Emerald and onyx Streets is $12Q,Q72.25, of which $47,358.76 is hereby
assessed against the .parcels of property hereinafter described in the amounts set opposite,
respectively.
Section 3. The City Council does hereby determine and assess each lot and part of lot within
the described local improvement district as set forth on the assessment roll attached as
Exhibit C hereta 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 benef tted 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
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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:
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.D22 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 clot 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 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.
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Sec~lan 7. Any assessment remaining unpaid and far 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 construction, engineering and related expenses or which are used to retire any
indebtedness incurred by the City for this improvement.
Sec~ian S. 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 re-adoption over a mayoral veto by two-thirds of all members of
the Council.
Passed by the City Council this ~ ~ Approved by the Mayor this
~i.~~~ day o , 1999
City Recorder
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~~da
,~5 y of ,1999