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HomeMy WebLinkAboutOrdinance No. 19689ORDINANCE N0. J ~ 6 AN ORDINANCE LEVYING ASSESSMENTS FOR PAVING, STORM AND SANITARY SEWERS IN TERRY STREET FROM BARGER DRIVE TO APPROxIMATELY 1600-FEET SOUTH, CONSTRUCTING A HALF STREET. The City Council of the City of Eugene finds that: On the Znd day of June, 1989, as authorized in the Eugene Code 1.160~8~ the City Engineer initiated the proposed local improvement consisting of paving, storm and sanitary sewers in Terry Street from Barger Drive to approximately 1600-feet South,. constructing a half street. After due notice and a public hearing thereon before the hearing official, and no remonstrances having been filed, vn the 14th day of August, 1989, the City Council formed the local Improvement district and authorized construction of the local improvement. The actual cast of the local improvement is ascertained to be $356,093.51 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 Cade, 1911 and as set forth in. Items 1 to 13 from Page 1 an Exhibit A attached hereto and incorporated herein by reference. The City Council has established the method of calculating local im- provement assessments in Sections 1.110 and 1.175 of the Eugene Cade, 1971. A notice containing the information required by Section 7.185 of the Eugene Code, 1911 has been posted on a bulletin board. at City Hail and given ORDINANCE ~ l ~~~ Hk by certified mail to the owners of the parcel s 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 heari ngs official heard ail 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 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 7.160 to 7.I9o of the Eugene Code, 1911, attached hereto as Exhibit B and incorporated herein by reference, are hereby adopted. Section 2. The actual cost of the local improvement comprising paving, storm and sanitary sewers in Terry Street from Barger Drive to approximately 1600-feet South, constructing a half street is $356,093.81 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 ORDINANCE - ~ 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 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 Z.O22 thru 2.04 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 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 1.190 of the Eugene Code, 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 ~~day of ___/ ~Gt y _, 1990 ~- ORDINANCE - 3 Approved by the Mayor this ~~~ y of 199 .:~ . ,~.- _ f EXHiBI~T "A" Y interest on this assessment ~iEt begin Attachment A ASSESSMENT WORKSHEET In the City of Eugene, Lane County, Oregon, an ,ordinance levying,assessmentS for: t from Barger Drive to approximately St r i T ' Pavin ree y er n anitar sewers g, storm and s y 1604-feet South, constructing a half street. ITEM ~. Amount aid to Contractor: Contract # ~89-28 P $ 248,584.10 J.ob # 2458 Capital Project # 5554 Ordinance # ITEM Z. L~qu~dated damages.: $ -0- ITEM 3. Dther costs: Due back *Ceordr # Date Descri tion to Fund: 90-43166 46/34/89 Lab Test Fees -- PSI PTL 351 $ 560.44 90-08769 12 18 89 H Brant Relocate E~~1EB 351 $ 1,447.75 ~1 14 89 ~~aterial Test Fees ~~!!~I Test 351 25 ~ 944.25 . a era sewer eq o r sewer 532 $ 54,733.55^~ ITEM 4. Total: items 1 through 3 ~ $ 265,829.65 ITEM 5. Basis for 5/a Finance Administration fee calculation. Total of Item 4: $ 265 829.65 City construction costs item lIc}: -~~ 2 .57 ~ ITEM 5a. Non-City costs: $191 509.08 ITEM fi . 19°/o En i neeri ng charge ~ I9% x item 4} : 9 $~ 54,501.63 ~,~ ITEM 7. 5°/o Finance Administrative fee {5°lo x item 5a} : ~ $~ x,575.4.5 ITEM 8. Interest on short-term construction financing: ~_ „~453..00 ITEM 9. Due to se~~~er fund far 2 i/2 cent levy: $ 21,728.48 ITEM 1D. TOTAL ASSESSMENT per ordinance $ 356,493.81 ITEM ~1. Cit 's share of cost for com feted contract. ~a} fib} ~c~ ~d~ ~e~ ~f~ ~+~or~ T e Acct .Control Ke ACK D~ r. Costs En.. Fee Interest Total Xtr ~~~1i dth 332-9332-51893-995554 X12 301.50 ~ 2,37.28 ~ 49.59 5 15,131. ?] xtr De th 332-933.2-6159 -995554 $14,567.4 $2,786.81 ~ 7~ 3 ~ ~ Storm - ~~..._332~9332,-61893-995554 ~ ..._ $34 2 0.93 ~ 8 ~ 1 372.32 ~ 42 154.73 • $L~.~L~3 ~ 4 $ ~ 9 47 $ $ ~ ~ $ ~ $ ~ Total - City's share: $74,32~._51$14,~?~.91$ 2,975.24 ~ 91,415.72 *ceordr # ~..~.~~w.-.~~~.-.~-..-~~.-w.~.-~.-w~~.~ww.~..~.--.~.~~~.-~~~~ ITEM IZ. Deferred Assessments included in Item lo. Eugene Code ].19]}. Advanced from Fund AJE # TYPE ~ ITEM 13. Extraterritorial assessments included in Item I0. Funded by City accounts ACK: 332-9332-61893-995554 ~ 13,608.03 ~:~ - . ~;r r' ~,o ~- ~, ~ FINDINGS AND RECGMMENDATIGNS FXHTRTT "f~" SUBJECT: PAVING, STGRM AND SANITARY SEWERS IN TERRY STREET FRDM BARGER DRIVE TO APPROXIMATELY 1600-FEET SGUTH, CONSTRUCTING A HALF STREET ~CGNTRACT 89-28} BACKGROUND: This project was initiated by a petition from the property owner. The property petitioning for the improvements will bear 63.8 percent of the improvement cost. The remaining improvement cost will be borne by the city. The city's share includes costs for city owned frontage and for unassessable storm sewer to property outside the city boundaries. Based an the petition, the City Engineer initiated the project, as provided far in the Eugene Code 7.1648), on June 2, 1989.The property owner was notified of the pending award hearing 10 days prior to the award hearing. The project was authorized for construction by the City Council on August 14, 1989. The IoW bid was submitted by Eugene Sand & Gravel, inc., for an amount of $195,647.3. Upon completion of the project notice of assessments were sent to the affected property owner, as of Monday, April 3I~. 1990 the City has not received any written objections. PROJECT; The project improvements includes 21-foot paving, half street curbs, gutters, storm and sanitary sewers. ASSESSMENT: Under City of Eugene assessment policy, much of the cost is assessed to the abutting property owners. The costs to be assessed are shown below; 21-foot paving 4" sidewalk 6~' storm sewer private} Concrete driveway Sanitary swr S" equivalent Sanitary sewer levy $ 67.75/front foot $ 2.13/square foot $ 42.52/lineal foot $ 4.58/square foot $54,733.55 $21,728.08 Costs listed below are the Engineer's estimate and preliminary costs quoted to property owners at the award .hearing fallowing bid opening. -2- Y 21-foot paving half street} $ 64.47~front foot 5" concrete $ 2.61~square foot Concrete driveway $ 3.221square foot 4" concrete $ 2.33/square foot 6U"storm sewer $ 7U.~~llineal foot FINDINGS AND REC~MMENDATI~NS The final costs are slightly higher than preliminary casts quoted at the award hearing due to extra work involved with stabilizing the soft subgrade 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, 1994 at 7:DU 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 Code of the City of Eugene. The Hearings official recommends that the City Council adopt an ordinance assessing the properties as set forth above. ~G~if'L,~'R`' Jack A. 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