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HomeMy WebLinkAboutOrdinance No. 19687i ORDINANCE N0. t ~ 6 S AN ORDINANCE LEVYING ASSESSMENTS FOR PAVING, STORM AND SANITARY SEWERS IN SUNCREST AVENUE (PANORAMA SIXTH ADDITION) FROM CITY VIEW STREET TO 450-FEET WEST. The City Council of the City of Eugene finds that: On the 2nd day of March, 1989, as authorized in the Eugene Code 7.1fio~8~ the City Engineer initiated the proposed local improvement consisting of paving, storm and sanitary sewers in 5uncrest Avenue Panorama Sixth Addi- tion} from City View Street to 454-feet West. After due notice and a public hearing thereon before the hearing official, and nv remonstrances having been Bled, an the 22nd day Of May, 1989, the City Council farmed the local improvement district and authorized construction of the local improvement. The actual cost of the local improvement is ascertained to be $98, 414.21 and the amounts to be assessed to ~e borne by the City or others s has been determined in accordance with applicable 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 1.1~o and 1.115 of the Eugene Code, 1911. A notice containing the information required by Section 7.185 of the Eugene Code, 1971 has been posted on a bulletin board at City Hall and given by certified mail to the owners of the parcels of real property subject to the ORDINANCE - 1 assessment more than ten days prier 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 OF EUGENE DOES ORDAIN AS FOLLOWS: Section I. 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 7'.I60 to 1.I90 of the Eugene Cade, I971, attached hereto as Exhibit D and incorporated herein by reference, are hereby adopted. Section 2. The actual cost of the local improvement comprising paving, storm and sanitary sewers in Suncrest Avenue Panorama Sixth Additions from City view Street to 450-feet west is $g8,4I4.2I 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 improver~ent district as set forth on the assessment roll attached as Exhibit C hereto and incorporated herein by reference. Section 4. The Gity 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- ORDINANCE - ~ meats 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 Tots, 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.a24 of the Eugene Code. The City Recorder is directed to enter in the docket of City Liens a statement in connection with each unpaid assessment containing the fallowing: 4.~ A description of each lat, part of lot or acreage specially benefitted by the local improvement; 4,2 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 7.I9o of the Eugene Cade, I97I, and enclose therewith an application for paying the assessment in installments according to the terms set forth in Section ~ of this ordinance. Passed by the City Council this %day of _, 199 D Ci Recorder Approved by the Mayor this day of ~~ /`Q~e./ 199 yor ORDINANCE - 3 rut t r n r-r t~ n tt interest an this assessment gill begin Attachment A ASSESSMENT WURKSHEET . In the City of Eugene, Lane County, oregon, an ordinance levying assessments for: Paving, storr~ and sanitary sewers ~ n . Suncrest Avenue ~ Panorama Sixth Addition } from City view Street to 450-feet ~+dest. ITEM ~. Amount paid to Contractor: Contract # $g-0$ $ 75,642.62 Jab # 2465 Capital Pra ject # ordinance # ITEM Z. Liquidated damages: $ -0- ITEM 3. other costs: . Due back *Ceordr # Date Descri Lion to Fund; 90-1600 7/17 Testing 357 $ 332.00 90-0868 9 2t~ Testing 351 $ 660.50 , , $ ITEM 4. Total : Items I through 3 ~$ 76,635,12 ITEM 5. Basis for 5°la Finance Administration fee calculation. Total of Item 4: $ 76,635.12 City construction casts Item lIc}: -{ -0- } ITEM 5a. Non-City costs: $ 1, ITEM fi. 19°/ Engineering charge { I9% x Item 4} : $ I4~,560.67 ,.,__ ITEM 1. 5/ Finance Administrative fee ~5°lo x Item 5a}: ~ $ 3 831.76 .ITEM 8. Interest~on short-term construction financing: ~ $ 1,542.00 ~, ITEM 9. Due to sewer fund for 2 I/2 cent levy: $ ~ 544 66 ITEM 1D. TDTAL ASSESSMENT er ordinance p $ 98,414.21 ITEM Il. Cit 's share of cost for com leted contract: {a} {b} {c} {d} {e} {f} ~~ork T e Acct.Control Ke ACK Dir.Costs En .Fee Interest Total $ $ $ $ $ $ $ $ $ $ $ $ ~ $ $ $ $ $ $ $ $ $ $ $ $ $ $ ~ .Total - City's s are: $ $ $ $ ITEM I2. Deferred Assessments included in Item lo. {Eugene Cade 7.I97}. Advanced from Fund. A~IE # TYPE ~ ITEM I3. Extraterritorial assessments included in Item I0. Funded by City accounts ACK: $ ,~ r sk/b:wk sheet.ord (~. w - - f { - ~ EXHIBIT ~'B" FINDINGS AND RECOMMENDATIONS SUBJECT: PAVING, STORM AND SANITARY SEWERS IN SUNCREST AVENUE PANORAMA SI~fiH ADDITION} FROM CITY VIEV~ TO 450-FEET WEST CONTRACT #S9-OS} BACKGROUND This project was petitioned by a majority of the property owners abutting the property named. The properties petitioning for the improvements will bear ~ approximately S9 percent of the assessable costs. Based on the petitions, the City Engineer initiated the project, as provided far in the Eugene Code 7.1608}, on March 2, 1959. Property owners were notified of the pending award hearing 10 days prior to the award hearing. Mr. Alston, Lot 1, Block 7~ inadvertently was not notified of the pending formation of the LID, however, it was known that the development was occurring and code requirements where complied with. The project was authorized for construction by the City Council on May 22,1989. The. low bid was submitted by Ii & J Construction C o. for an amount of $74,8b2.10.40 As of April 27,1990, only one property owner had responded to the hearings letter, The City Engineer received a letter see attachment "A"~ from Mr. Thomas P. Alston on april 16, 1990, his concern was that when they purchased the property four (4~ years ago that his property would not be included in any future improvements. From information verbally received from the developer, there was na written or implied commitment of no participation in the improvement. Mr. Alston feels that his property is not in the local improvement district. Mr. Alston has requested that if the hearings official finds his property to be in the local improvement district he would dike the assessment to be deferred under Section 7.1974} of the City Cade. PROJECT The project includes 36-foot paving, curbs, gutters, storm and sanitary sewers. ASSESSMENT Under City of Eugene assessment policy, mast of the cast is assessed to the abutting property owners. The costs to be assessed are shown below: ~,~r 36' paving $ , 57.30/front foot Storm sewer $ 0.32/square foot Sanitary sewer $ 0.35/square foot Sanitary service $ 761.78/each Costs listed below are the Engineer's estimate and preliminary costs quoted to the property owner at the award hearing following bid opening. 3b' paving 15" storm sewer 1~~' storm sewer 8" sanitary sewer b" sanitary service $ 61.39/front foot $ 0.35/square foot $ 0.35/square foot $ 0.38/square foot $ 832.00%ach FINDINGS AND REC4MMENDATIGNS Casts are comparable to projects of similar size and are lower than preliminary costs quoted at the award hearing. The Alston property is included in the LTD description by the inclusion of "from City View to 454 feet West" in the description. Since the road right-of-way had not previously existed and the parcel is nat part of the subdivision, the assessment qualifies for an assessment deferral under Section 7.197. Until such time as access occurs, or the other conditions of the deferral are met, the deferral will remain in effect, All other properties within the LTD will be taking or have taken access from the roadway and thus will not qualify for a deferment. Staff recommends appropriation of the assessment distribution and deferral of the assessment to the Alston property. A hearing was scheduled for the above matter far May 1, 1994 at 7:44 p.m. Since na 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. Based upon the foregoing, the Hearings Official finds that the project has been bid and constructed and the assessments have been determined consistent with the Code of the City of Eugene. 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