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HomeMy WebLinkAboutOrdinance No. 19688ORDINANCE N0. f AN ORDINANCE LEVYING ASSESSMENTS FOR PAVING, STORM AND SANITARY SEDERS IN TANSY STREET FROM MARSHALL AVENUE TO BARGER DRIVE. The City Council of the City of Eugene finds that: On the 14th day of March, 1985, as authorised in the Eugene Code 7.16D~5} the City Engineer initiated the proposed local improvement consisting of paving, storm and sanitary sewers in Taney Street from Marshall Avenue to Barger Drive. After due notice and a public hearing thereon before the hearing official, and no remonstrances having been filed, on the 22nd day of May, ~, 1989, the City Council formed the local improve~~nt district and authorised ,..ti construction of the local improvement, The actual cast of the local improvement is~'ascertained to be $61b,721.1D 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. 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 7.174 and 7.175 of the Eugene Cade, 1971, A notice containing the information required by Section 1.155 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 mare 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 adapted 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 FOELOWS: 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 7.100 to 7.190 of the Eugene Code, 1911, attached hereto as Exhibit B and incorporated herein by reference, are hereby adapted. Section 2. The actual cost of the local improvement comprising paving, storm and sanitary sewers in Taney Street from Marshall Avenue to Barger Drive is $616,7~1.1o which is hereby assessed against the parcels; of property hereinafter described in the amounts set opposite, respectively. Section 3. The City Council dues hereby determine and assess each ]ot and part of 1 of being within the described 1 oval improvement district as set faith on the assessment~rall attached as Exhibit C hereto and incorporated herein by reference. Section 4. The City Council does hereby determine that each parcel of land ar 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 ORDINANCE - Z 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 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 2.422 thru 2.024 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 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 yr reputed owner thereof, that the name of the owner is unknown; and ~.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 7.194 of the Eugene Code, 1911, and enclose therewith an application for paying the assessment in installments according tv the terms set forth in Section 4 of this ordinance. Passed by the City Council this _~"day of p,l 199 D s...~ City ecorder Approved by the Mayor this J'y ~ day of 19 d Mayor ORDINANCE - 3 r~tr~rn'r-r ~~nti Attachment A ASSESSMENT WORf~SHEET X interest on this assessment will begin In the City of Eugene, Lane County, Oregon, an ordinance levying assessments for: Paving, storm and sanitary sewers in Taney Street from Marshall Avenue to Barger Drive ITEM 1. Amount paid to Contractor: Contract # 8g-11 $ 441,133.52 Job # 2352 . Capital Project # 985294 Ordinance # ITEM 2. Liquidated damages: $ -0- ITEM 3. Other costs: Due back *Ceordr # Date Descri tion to Fund: 90-02203 10/30189 E~~#EB Hydrant 351 $ 4,549.38 90~- a erg a es .~ ng ~~80.00 $ ~ ~~~u1ti 1e R1 ht-of-wa Puchase ~ 351 ...~. ., $ Z8,089 .1 3 ,, , ,,,_~ ~ ,. $ ITEM 4, Total: Items I through 3 $ 483,212.03 ITEM 5. Basis for 5°/~ Finance Administration fee calculation. Total of item 4: $483z21~ .03 C~ ty constructs on casts ~ Item I lc~ : , - ~~~211,909.._~0 ~ ITEM 5a. Jon-City costs: $265,302.53 ITEM 6. 19°IQ Engineering charge ~ 19°lo x item 4~ : $ ~~~,81 a ~ Z9 ITEM 7. 5°/~ Finance Administrative fee ~5% x item 5a}: ~ $ 13,265.13 ITEM 8, interest on short-term construction financing: $ 28,004.00 ITt~~ 9, Due to sewer fund for Z 1/2 cent levy: $ 429.65 ITEM I4. ToTAL ASSESSMENT per ordinance $ 616,721•,1D ITEM lI. Cit 's share of cost for com feted contract: ~a3 ~b~ 4c~ ~d~ fie} ~f~ ~~ork T e Acct.Controi Ke ACK Dir.Costs En .Fee interest Total Extra Ididth 332-9332-61893-9 $ ~_5 ,599.31~ 2 963:~8~ 904.04 ~ 19,461.29 Extra De th 332-9332-51893-985294 , $ 37,958.5 7,212.13 2 199.85 ~ 47,370.55 Bike Lane 332-9332-61893-985294 $_39,4 9.31~ 7~ ~ ~49, ~ 93.48 Storm 332-9332-51893-985294 ~2 ~ 3~ s $ $ ~ ~ $ $ ~ ~ $ ~ $ $ Tota - C i ty' s s are : $217, 9~J9.5~ 41 ~40~ .81$12 628, 70~ 271 941.01 _ ITEM I2. Deferred Assessments included in Item io. Eugene Code 1.I97~, Advanced from Fund ~ AJE # TYPE ~ ITEM I3. Extraterritorial assessments included in Item I4. Funded by City accounts ACK: ~ sklb: ~rkst~eet ,and EXHI~rT ".R" FINDINGS AND RECOMMENDATIONS SUBJECT: PAVING, STORM AND SANITARY SEWERS IN TANEY STREET FROM MARSHALL AVENUE TO BARGER DRIVE (CONTRACT # 89-11) BACKGROUND; This project was initiated by a resolution of the City Council. The project addressed concerns of the neighborhood, school district and parents. Based on resolution #4D81, passed an March 14,1989, staff proceeded with design, right- of~way acquisition, and bidding of the project, as provided for in the Eugene Code 7.16D~5~, passed an March 14, 1989. The property owners were notified of the endin P g award hearing 1D days prior to the award hearing. The project was authorized for construction by the City Council on May 22, 1989. The low bid was submitted by ~ 7 J Construction Co. for an amount of $441,14D.D5. Upon completion of the project notice of assessments were sent to the affected property owners. As of Monday, April 3D, 199D the city had not received any written objections. PROJECT: The project includes 34-foot paving, curbs, gutters, storm and sanitary sewers. ASSESSMENT: Under City of Eugene assessment policy, much of the costs are assessed to the abutting property owners. The costs to be assessed are shown below: 34-foot paving $ 41.42/front foot 28-foot paving $ 28.28/front foot 2D-foot paving $ 24.82/front foot 5" concrete apron $ 2.181square foot 7" concrete apron $ 3.44/square foot 4" concrete sidewalk $ 1.721front foot Concrete driveway $ 2.SD/square foot A.C. driveway $ 2.6Dlsquare foot Extra wide sidewalk $ 13.49/square foot Storm service $ 28.18Ilinear foot 6" sanitary service ~TL#100 & 7oD} $ 5,673.87 8" sanitary service ~TL #1DD~ $ 65.1211inear foot ~Zw Casts listed below are the Engineer's estimates and preliminary costs quoted to property owners at the award hearing following bid opening: 28-foot paving $ 31.501front foot 27-foot paving $ 31.320front foot 20-foot paving $ 23.061front foot 5" concrete $ 2.091square foot 4" concrete $ 9.421frant foot Concrete driveway $ 3.451square foot A.C. driveway $ 1.44/square foot Extra wide sidewalk ~TL #70011200 $ 20.481frant foot Storm service ~TL #700 $ 289.91 each Storm service ~TL #1200 $ 948.74Jeach 6" sanitary service $ 1,458.27/each 8" sanitary service ~ $ 1,148.791each FINDINGS AND REC4MNiENDATIUNS The final costs are slightly higher than preliminary costs quoted at the award hearing due to extra work involved with stabilizing the soft ground conditions, The final costs are comparable to a typical project of this size. Staff recommends appropriation of the assessment distribution. A hearing was scheduled for the above matter for May 1, 1990 at 7:00 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. 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 Cade of the City of Eugene. The Hearings official recommends that the City Council adapt an ordinance. assessing the properties as set forth above. J~~ ~ ~~~ Jack A. Billings,- Hearings Official Final Assessment Roll not attached; it is on file and available by written request to the Eugene City Recorder's Office.