Loading...
HomeMy WebLinkAboutOrdinance No. 19682ORDINANCE N0. `~~ ~ ~''' AN ORDINANCE LEVYING ASSESSMENTS FOR PAVING, SANITARY AND STORM SEWERS ON WILLAKENZIE ROAD FROM l00 FEET WEST OF BOGART LANE. The City Council of the City of Eugene finds that: On the 13th day of June, 1988, as authorized in the Eugene Code 1.1608} the City Engineer initiated the proposed local imprOVement consisting of paving, sanitary and storm sewers on Willakenzie Road from ?00 feet west of Bogart Lane. After due notice and a public hearing thereon before the hearing official, and no remonstrances having been filed, on the 8th day of August, 1958, the City Council formed the local improvement district and authorized .construction of the lacal improvement. The actual cast of the local improvement is~ascertained t0 be $461,118.33 and the amounts to be assessed to be borne by the City ar others has been determined in accordance with app]icable provisions Of the Eugene Code, 1971 and as set forth in.~:, 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 1.170 and 7.115 of the Eugene Code, 1911. A notice containing the information required by Section 7.185 of the Eugene Code, 1911 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 assess~ent more than ten days prior to the public hearing .before the hearing ORDINANCE - ~ ~a official. At the time and place specified therein, a hearings official heard all evidence and argument presented, has fu11y considered the same, and no remonstrances having been filed, has reported his or her adapted findings to the City Council. The Council has reviewed and considered the assessment report of the City Engineer and Finance Officer and the hearingrs official's findings and summary of the hearing, and based thereon, THE CITY DF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The Summary of the hearing conducted by the hearings ,official are hereby made a part of the Cauncil's record in these proceedings, and the hearings official's findings, including those regarding compliance ,with Sections 1.16o to 7.19a of the Eugene Code, 1911, attached hereto as Exhibit Band incorporated herein by reference, are hereby adapted. Section 2. The actual cost of the local improvement comprising paving, sanitary and storm sewers on Willakenzie Road fror~ l04 feet west of Bogart Lane is $461,178,33 which 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 being within the described local improvement district as set forth on the assessment rv1l attached as Exhibit C hereto and incorporated herein by reference. Section ~. 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 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 ORDINANCE - 2 .~:. -.~. ~. _~ a ;~ 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 in up to twenty semi-installments, including principal and interest at the rate set by the City Manager as provided in Section 2.022 thru 2.024 of the Eugene Code. The City Recorder is directed to enter in the docket of City Eiens a statement in connection with each unpaid assessment containing. the following: 4.1 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. Section 5. 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 Section 7,I9D of the Eugene Code, 197I, and enclose therewith an application for paying the assessment in installments according to the terms set forth in Section 4 of this ardi~ance. Passed by the City Council this ~~day of ~~~,(?y-t~_, 199 ~- ~~ ~~ City corder Approved by the Mayor this c day of ~ 199 /~ Mayor ORDINANCE - 3. ~-~f w.... , ~~ x-. ' ~ .~ ' o°' i merest vr~ th ~ s assessment wi [t begin EXHIBIT- ~".A`~. ~. . ASSESSMENT WORKSHEET In the City of Eugene, Lane County, Oregon, an ordinance 1e~ying assessments for: PAIlI ~dG, SANITARY AND ST4R~~ SEWERS ON WILLAKENZIE ROAD FROM 700 FEET WEST OF BOGART LANE ITEM 1. Amount paid to Cantractar: Contract # 85-18 $ 350,333.12 Jab # 2401 -~ Capital Project # Ordinance ITEM 2. Li uidated lama es: q 9 $ -p- ITEM 3. Other costs: ~ ~~ - Due back *Ceardr # Date Descri tion to Fund: ~n P 351 -n5~1~ ~ 1 C 8 9 $ 173.73 . . ~ . ... __ . . ~ . $ $ ITEM 4. Total: Items I through 3 ~ ~$ 350,506.25 ITEM 5, Basis far 5°lo Finance Administration fee calculation . Total of Item 4: ~ $ 350, 506.2_ City construction costs Item 1Ic}: -t~15g,G31.09} ITEM 5a. Plon-City casts: $ 191 ~87~5.16_ ITEM fi. 19°l8 Engineering charge X19% x Item 4}: $ 66,596.19 ITEM 1. 5°lQ Finance Administrative fee ~5/ x Item 5a}: $ 9,593.76 ITEM 8. Interest on short-term construction financing; ~ $ 30,574.00 ITEM 9, Due to sewer fund for 2 1/2 cent levy: $ 3,908.13 ITEM l0. TOTAL ASSESS=1ENT per ordinance $ _ 4~1,~78.33 ITEM 11. Cit 's share of cost far com feted contract: ~a~ ~b~ ~c~ ~d} fie} ~f} ~~ork T e Acct.Controi Ke ACK Dir.Costs En .Fee Interest Total EY~TRA 6~ 893 985774-000 $32 , 698. ~ ~ $ 32-.9332_- 3 H - ~~ I DT 2 , 852.21 ~ 41, 763.10 , „~., „ , 332-9332_61893-985774-000 $28125.68$ 5,343.88$ 2 453.35 35 922.91 L`~TY SAN $ 1,702.84~~ 323,54 ITARY _ 33~~-9332-61893-985174-000 148.53 Z 174.91 ,,, . 332-9332-61893-985774-~~0 $96 104.34 X18, 259.82 ~ 8, 383 , 40 ~~ 22 ,147 . l 6 $ $ $ $ $ ~ $ $ $ ~ Totai -. 08 City's share: ~ 58,63I.09~30,~139.90$13 837._09 X202,_608_, ^ _ ITEM 12. Deferred Assessments included in Item 10. Eugene Code 1.191}. Advanced from Fund AJE # TYPE ~ ITEM 13. Extraterritorial assessments inclu~in Item 10. Funded by City accounts ACK: ~ ~ -~~a :r sk/b:wksheet.ard ~~ FINDINGS AND RECGMMENDATIaNS SUBJECT; PAVING, SANITARY AND STURM SEVERS IN 'V~ILLAI~ENZIE RGAD FRGM 700-FEET. V4~EST GF BGGART LANE TG 900-FEET EAST GF BGGART LANE ~CGNTRACT SS-18} BACKGR[IUND This project was initiated by petitions from property owners and the developers, for the improvements see attachment "A"}. The properties petitioning for the improvements wiil bear approximately 74.8 percent of the assessable costs. Based an the petitions, the City Engineer initiated the project, as provided far in the ,Eugene Cade 7.164~8~, on June 13, 1988. Properfiy owners were. notified of the pendin . g award hearing 14 days prior to the award hearing. The prod ect was authorized for construction by the City Council on August 8,1988, the low bid was submitted by Wildish Corvallis Construction Co. for an amount of $289,845.24. Upon completion of the project .notice of assessments were sent to affected property owners. As of Thursday, March 22, 1994, only one. property owner had responded. Jeanne 1VI, barge, 1580-1582 Bogart Lane~Tax Lot 17-43-21-24-43341 sent the attached letter attachment "B"} questioning why her property was being assessed. She stated that she .had two questions 1} several years ago she was assessed for sanitary sewers in Bogart Lane 2) didn't understand what a.c. drive was. Staff have reviewed the improvement project boundaries, and have found that the property in question is outside of the project. Ms, Large's account X8844184294 far $85.96 has been deleted from the ,assessment rail. Staff has also written Kerr e~plainin this. g PROTECT The project includes 36-foot paving, sanitary and storm sewers, street lights and sidewalks. ASSESSMENT Under City of Eugene assessment policy, much of the casts are assessed to the abuttin . g property ow~rers, The casts to be assessed are shown below; 20' paving $ 34.24/front foot 2$' paving $ 40.8Q/front foot 36' paving $ 50.71/front foot Sanitary swr service $ 420.31/each 4" sidewalk $ 1.99/front foot 5" apron $ 2.26/square foot • y 4' ., .~. 5" concrete driveway $ 2.261square foot 2" a.c. driveway $ U.B~Isquare foot Levy $ 0.~251square foot Direct cast to tax lot #17-~3-21-~03~~ intersection} $5,722.87 Cost listed below are the engineer's estimate and preliminary costs quoted to the property owners at the award hearing following bid opening. 2~' paving ~ $ 37.43 f front foot 28' paving $ 48.72~front foot 36' paving ~ $ 51.851frant foot Sanitary swr service $1,189.391each 4" sidewalk $ 1~.621front foot S" apron $ 2.441square foot 5" concrete driveway $ 16,431square foot 2" a.c. driveway $ 2.181square foot levy $ ~.0251square foot Direct cost to tax lot #17-~3-21=4~34~ ~intersectian} $I~,46fl.79 FINDINGS AND RECGMMENDATIGNS Costs are comparable to projects of similar sire and are cower than preliminary costs quoted at the award hearing. Staff recommends appropriation of the assessment distribution. A hearing was scheduled for the above matter for March 26,1990, at 7:OU 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. The Hearings Official recommends that the City Council adopt an ordinance approving the assessment distribution as set forth above. lack A. Billings, Heari' gs Official Final Assessment Roll not attached; it is on file and available by written request to the Eugene City Recorder's . Office.