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HomeMy WebLinkAboutOrdinance No. 19675ORDINANCE N0. ~t0~`~ AN ORDINANCE LEVYING ASSESSMENTS FOR SANITARY SEWERS ON IRVING ROAD FROM RIVER ROAD TO CANTERBURY STREET, NEWCASTLE STREET FROM IRVING ROAD TO SANTA CLARA AVENUE, SANTA CLARA AVENUE FROM RIVER ROAD TO NEWCASTLE STREET, BELMONT STREET FROM IRVING ROAD TO 550 FEET SOUTH, AND AREA BETWEEN RIVER ROAD AND BELMONT STREET FROM IRVING ROAD TO SANTA CLARA AVENUE. The City Council of the City of Eugene finds that: On the 27th day of April, I987, as authorized in the Eugene Code 7.160~8~ the City Engineer initiated the proposed local improvement consisting of sanitary sewers on Irving Rvad from River Raad to Canterbury Street, Newcastle Street from Irving Road to Santa Clara Avenue, Santa Clara Avenue from River Road to Newcastle Street, Belmont Street from Irving Road to 550 feet south, and area between River Road and Belmont Street from Irving Road to Santa Clara Avenue. After due notice and a public hearing thereon before the hearing official, and na remonstrances having been filed, an the 9th day of May,~~-'I9S8, the City Council formed the local improvement district and authorized cOnstru- ction of the local improvement. The actual cast of the local improvement is ascertained to be $1,260,073.75 and the amounts to be assessed to be borne by the City or others has been determined in accordance with applicable provisions of the Eugene Gode, 1971 and as set forth in. ORDINANCE - ~ Items 1 to 13 from Page 1 on Exhibit A attached hereto and incorporated herein by reference. The City Council has established the method of calculating local im- provement assessments in Sections 1.114 and 1.175 of the Eugene Code, 1911. A notice containing the information required by Section 1.185 of the Eugene Code, 1971 has been posted on a bul]etin 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, has fully considered the same, and no remonstrances having been filed, has reported his or her 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 official's findings and summary of the hearing, and based thereon, THE CITY 4F EUGENE DOES ORDAIN AS FOLE4W5: Section 1. The Summary of the hearing conducted by the hearings official are hereby made apart of the Counci 1's record i n these proceedings, and the hearings official's findings, including those regarding compliance with Sections 1.160 to 1.190 of the Eugene Cade, 1971, attached hereto as Exhibit Band incorporated herein by reference, are hereby adopted. Section 2. The actual cost of the local improvement comprising of sanitary sewers on Irving Raad from River Road to Canterbury Street, Newcastle Street from Irving Road to Santa Clara Avenue, Santa Clara Avenue from River Road to Newcastle Street, Belmont Street, from Irving Road to 550 feet south, and area between River Road and Belmont Street from Irving Road to Santa Clara ORDINANCE - Avenue i s $1, 260, 013.75 which i s 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 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 Cauncil 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 assess- ments to the owners of the assessed parcels advising them the assessment may be paid in full, without interest, within ten days of the date of adoption of this ordinance. Assessments that remain unpaid after the ten day period are declared to be liens upon the respective lots, parts of ]ots or parcels of land against which said several amounts are assessed, and may be paid in up to twenty semi-installments, including principal and interest at the rate set by the City Manager as provided in Sectian 2.022 thru 2.024 of the Eugene Code. The City Recorder i s directed tv enter i n the docket of City Li ens a statement in connection with each unpaid assessment containing the following: 4.~ A description of each lot, part of lot or acreage specially benefitted by the local improvement; 4.2 The name of the owner or reputed owner thereof, that the name of the owner is unknown; and 4.3 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. Sectian 5. Upon enactment of this ordinance, the City Finance ORDNANCE - 3 Officer shall send native of the assessments by first class to the owners of the assessed parcels containing the information required by Section 7.190 of the Eugene Cvde, 1971, and enclose therewith an application for paying the assessment in installments according to the terms set forth in Section 4 of this ordinance. Passed by the City Council this ~ Z~ day o f /~'~-~f f 1994 ity Recorder Approved by the Mayor this ~Z-~ day of ~~~ 199 ayo ORDINANCE ~ ~, interest on this assessment gi ll begi n Attachment A ASSESS[~ENT WORKSHEET In the Cit of Eu ene Lane County Ore on, an ordinance 1e~r ing assessments for: SANITARY EWERS 0 IRKING ROAD FR0~1 RI R ROAD TO CANTERBUR STREET, NEWCASTLE STREET FROM TRUING ~ELI~O ROAD TO SANTA CLARA AVENUE SANTA CLARA AVENUE FROP~ RIVER ROA ~ D TO ~~JE4,~lCASTLE STREET, NT STREET F ROM TRUING R AD T 554 FEET SDUTH, AND AREA BETWEEN RIDER ROAD APJD BELMONT. T F OM IRUI mount a N~ OAD TO S NTA C RA AUE U 58-D3 d o Contractor ontrac $ 963 800 60 p i . . Job # 83 Capital Project # 977765 Ordinance # . ITEM 2. Liquidated damages: $ ITEM 3. other costs: . Due back *Ceordr # Date Description to Fund: ITEM 4. Total: Items 1 through 3 .$. ~ 963,800.60 ITEM 5. Basis far 5°lo Finance Administration fee calculation . Total of Item 4: $ 963,500.60 City construction costs item llc}: -~,. ,, 1} ITEM 5a. Non-City costs: $_ 82,963.19 ITEM 6. I9% Engineering charge X19% x Item 4}: $ 183,122.11 ITEM 1. 5°/~ Finance Administrative fee 45% x Item 5a.}: $ 4,145.16 ITEM 8. Interest on short-term construction financing: $ 91,754.00 ITEM 9. Due to sewer fund for 2 1/2 cent levy: $ 17,248.88 ITEM 10. TOTAL ASSESSMENT per ordinance $ 1,260,073.75 ITEM 11. Citv's share of cost for completed contract: ~a} fib} Work T e Acct.Control Ke ACK ~c} Dir.Costs ~d} fie} ~f} En .Fee Interest Total Street 532-9332-61593-977765-000 ~~~,~~~92.9~ 24, 603.6 12 327.7.66,424.31 xtra -9332-61893-977765-000 ~ 77,.919.5 ~ 52,504.71$26 457.9357 182.22 532-9332- 61893- 971765-D00 ~$~73-; 424 ,_9~ 59~ 950.74$- 45---- - ~ -~ ~._ $ ~ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total - City7s share: X50,8~7.41~,67,359.11$53 ,855.81,132,052.41 f s ITEM 12. Deferred Assessments included in Item lo. Eugene Code 7.197}. Advanced from Fund , AJE # TYPE $ ITEM 13. Extraterritorial assessments included in Item lo. Funded by City accounts ACK:532-9332-61893-977765-000 ~6~~'44:5.,.8~2 sk/b:wksheet.ord EXHIBIT ~ FINDINGS AND RECDMMENDATIONS SUBJECT: SANITARY SEWERS DN IRVINE R(]AD FR~NI RIVER RDAD TD CANTERBURY STREET, NEV~CASTLE STREET FRAM IRVING READ TU SANTA CLARA AVENUE, SANTA CLARA AVENUE FRAM RIVER RaAD T4 NEV~CASTLE STREET, BELMUNT STREET FRAM TRYING RGAD TU 550 FEET SGUTH, AND AREA BETWEEN RIVER RDAD AND BELMGNT STREET FRGM TRYING RGAD Ta SANTA CLARA AVENUE (CGNTRACT #88-03~. BACI~GRGUND The City Engineer initiated the project, as prodded far the Eugene Code 7.1608}, on April 27, 1987. The findings for initiation includes 1} request for service, 2} EPA grant conditions, 3} the improvement is a logical extension of sewers, and 4} allowance for the economical and orderly development of public improvements in the affected area. Property owners were notified of the pending award hearing 10 days prior to the hearing. The project was authorized for construction by the City Council on May 9,1958. The low bid was submitted by H & J Construction Co. $921,709.50. PROJECT The project Includes 8-inch sanitary sewer and service lines to all abutting properties. They system is not typical since the depth of mast of the system is approximately 12 to 18-feet. An average system is 6 to 1Z-feet deep. the system depth affects the overall cost of trench excavation and backfill, street restoration and dewatering. ASSESSMENT The total assessable cost is $1,260,073.75 which includes an assessment of $17,248.88 trunk levy. Current City policy states that properties not being annexed but having frontage along the improvement will not be assessed until annexation occurs, and the sewer installation will not obligate properties that remain in the County to .connect to the system until annexation. The City of Eugene will fund the cost of the extraterritorial extension outside the City and the additional system cost associated with the extra depth of the project. Tie casts to be assessed are sllown below: Lateral sewer $ 0.30 square foot w1- ^ Service lines $1,OS2.00 each Trunk levy $ 0.025 square foot Cost listed below are the Engineer's estimate and preliminary costs quoted to property owners at the award hearing fallowing bid opening. Lateral sewer $ 0.30 square foot Service lines $1,061.00 each Trunk levy $ 0.025 square foot FINDINGS AND RECQMMENDATIUNS The final costs are slightly higher than preliminary costs quoted at the award hearing and typical for projects of this size and complexity. Staff recommends appropriation of the assessment distribution. A hearing was scheduled far the above matter for February 27, 194 at 7:44 P.M. Since no persons indicated an interest in attending the hearing, it was cancelled. The Hearings Official received a memorandum from the City Engineer, outlining the above information, as well as history regarding the project. Based upon the foregoing, the Hearings official finds that the project will benefit the health and safety of the citizens of Eugene and has been initiated in accordance with applicable City Code. The Hearings Ufficer recommends that the City Council adopt an ordinance approving the assessment distribution as set forth in these Findings ~ Recommendat~ans. Jack A. Billings Hearings official _2. 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