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HomeMy WebLinkAboutOrdinance No. 19684ORDINANCE N0. ~ ~ ~ ~~! AN ORDINANCE LEVYING ASSESSMENTS FOR SANITARY SEWERS IN MORSE STREET FROM BETHEL DRIVE TO 644-FEET WEST. The City Council of the City of Eugene finds that: On the 14th day of duly, 1989, as authorized in the Eugene Code 7.1608} the City Engineer initiated the proposed local improvement consisting of sanitary sewers in Morse Street from Bethel Drive t4 640-feet West. After due notice and a public hearing thereon before the hearing official, and no remonstrances having been filed, on the 6th day of November, 1989, 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 $41,139.19 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 Code, 1911 and as set forth in. Items 1 to 13 from Page 1 on Exhibit A attached hereto and incofrporated .herein by reference. The City C4unci 1 has established the method of .calculating local im- provement assessments in Sections 7.170 and 7.115 of the Eugene Code, 1971. A notice containing the infvrmatian required by Section 7.185 4f 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 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 ORDINANCE _l 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 DOE5 ORDAIN AS FOLLOWS: Section 1. The Summary of the hearing conducted by the hearings official are hereby made apart of the Council's record in these proceedings, and the hearings official's findings, including those regarding compliance with Sections 1.60 to 1.I90 of the Eugene Code, 197I, attached hereto as Exhibit Band incorporated herein by reference, are hereby adopted. Section ~. The actual cost of the local improvement comprising sanitary sewers in Morse Street from Bethel Drive to 600-feet west is $4I,I39.19 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 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 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 ORDINANCE • 2 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 ~,0~2 thru 2.04 of the Eugene Code. The City Recorder is directed to enter in the docket of City Liens a statement in connective with each unpaid assessment containing the following: 4.1 A description of each lot, part of lot ar acreage specially benefitted by the local improvement; 4,~ The name of the owner ar 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 1'.190 of the Eugene Code, 1911, and enclose therewith an application far paying the assessment in installments according to the terms set forth in Section 4 of this ordinance. Passed by the City Council this li~i day o f 19~9~ ~~- ~ ~ City ecorder Approved by the Mayor this ~~day of ~ 199 ~` ayor ORDINANCE - 3 EXHIBIT "~A" ASSESSMENT WORKSHEET interest nn this assessment will begin In the City of Eugene, Lane County, Oregon, an ordinance levying assessments for: Sanitary sewers l~n Morse Street from Bethel Drive to 600-feet West ITEM ~, Amount paid to Contractor: Contract # 59-34 $ 25,104.68 Job # 2501 ~ . Capital Project # Ordinance # ITEM 2. liquidated damages: $ ITEM 3. Other casts: Due back *Ceordr # Date Descri tion to Fund: 94~-1$583 l /26J94 Lab testl ng 351 $ 15 23 90-19583 1126190 Lab testin 351 $ 31.89 90-19583 1 26 9o Lab testi nq _ _ __ 351 $ l 11.38 90-19583 1 26 90 Lab testes ng - __..^. ._ $ 27.50 Contract Latera sewer eq o r .sewer $ 2 785,00 ITEM 4. Total: Items I through 3 $ ~S x55.68 ITEM 5. Basis far 5°lo Finance Administration fee calculation. Total of Item 4: $ 28~D85.65 City construction casts Item Il c}: -~~ } ITEM 5a. ~~on~City costs: $,251085.68 ITEM 5 . 19°/e Engineering charge ~ 19% x Item 4} : $ . , 5 X336 , 28 ,.,,,.____ ITEM 7. 5°/e Finance Administrative fee ~5% x Item 5a}: $ 1,404.28 ITEM S. Interest an short-term construction financing: $ 451.00 ITEM 9. Due to sewer fund for 2 1/2 cent le vy: $ 5 562.55 ITEM 1D. TDTAL ASSESSMENT per ordinance $ 41,139.79 ITEM 11. Cit 's share of cost for com feted contract: ~a~ ~b~ ~c} ~d} ~e~ ~F~ ~~ork T e Acct.Control Ke ACK Dir.Costs En .Fee Interest Total ~ $ $ S ~ $ ~ S $ $ $ ~ $ $ $ ~ $ $ $ ~ $ $ $ ~ $ $ $ $ Tata City's share: $ $ $ S ITEM I2. Deferred Assessments included in Item 10. Eugene Cade 7.197}, Advanced from Fund AJE ~ TYPE ~ ITEM 13.G Extraterritoria] assessments included in Item 14. Funded by City accounts ACK: ~ sk/b:wksheet.ord r EXHTBiT "B" FINDINGS AND RECUMMENDATIDNS SUBJECT: SANITARY SEWER IN NI~RSE STREET FRAM BETfl"EL DR1YE TD 6~0-FEET WEST ~CDNTRACT # $9.34} BACKGROUND This project was initiated by a petition of properties within the area of Bethel Drive and Morse Street. Sewers were to be constructed in Morse Street from Bethel Drive to 600- feet west. Based on a 33 percent petition, and recent septic system failures, the project was initiated by order of the City Engineer dated July 14, 19SS, as provided for in the Eugene Code 7.1605}. The property owners were notified of pending award hearing 10 days prior to the hearing. The project was authorized for construction by the City Council on August S, 1988. The IoW bid was submitted by Eugene Sand & Crravel, Inc. far an amount of $24,70.00. Upon completion of the project notice of assessments were sent to affected property owners, as of Thursday, March 22,1990, the City had not received any written objections. PROJECT The project improvements include 531 lineal feet of S" PVC sanitary sewer pipe, two manholes, and service lines. ASSESSMENT Under City of Eugene assessment policy, 100 percent of the cost is assessed to the abutting property owners. The casts to be assessed are shown below: Lateral sewer $ 0.219/square foot Sanitary service $ 531.1/each Trunk levy $ .025/square foot Casts listed. below are the Engineer's estimate and preliminary casts quoted to property owners at the award hearing following bid. opening. Lateral sewer $ 0.22/square foot Sanitary service $ 527.00%ach Trunk levy $ 0.025/square foot a ~, .~,. ~al~rGS ~~ ~ECaMNrE~A~ro~yS The final costs are slightly lower than preliminary costs quoted at the award hearing and are less than typical for projects of .this size. Staff recommends appropriation of the assessment distribution. A hearing concerning this project was scheduled far March 2G, 1994 at 7:~0 p.m. The City Engineer received a communication from Dan Gleason of the Southern Pacific Credit Union. Mr. Gleason thought that the credit union may have paid some form of sewer assessment in 1979 when they took out the building permit to construct a new building. Upon review, it appears that the credit union did pay a systems development charge at that time. However, this project involves other costs which were not covered by the previous charge. That information was explained to Don Gleason by City staff. Mr: Gleason indicated that he did not desire to participate in a hearing. Na other persons indicated an interest in the hearing and it was .cancelled. The Hearings Gfficial received a Memorandum from the City Engineer, outlining the above information, except the information concerning Mr. Gleason. A copy concerning Mr. Gleason's call is attached as Exhibit "A". The Hearings Gfficial recommends that the City Council adopt an ordinance approving the assessment distribution as set forth above. .., . , ~L . - 4 .~ Jack A. Billings, Hearin:' s Gfficial . Final Assessment Roll not attached; it is on file and available by written request to the Eugene City Recorder s Office.