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Home My WebLink AboutOrdinance No. 19766ORDINANCE N0. ~ cj,~ (a AN ORDINANCE LEVYING ASSESSMENTS FOR PAVING AND SIDEWALKS ON AVALON STREET FROM 100-FEET WEST OF DOLA STREET TO DANEBO STREET; DECLARING AN EMERGENCY. . The City Council of the City of Eugene finds that: On the 12th day of June, 1989, as authorized in the Eugene Code 7.1648} the City Engineer initiated the proposed local improvement consisting of paving and sidewalks on Avalon Street from 100-feet west of Dal a Street to Danebo Street. After due notice and a publ i c hearing thereon before the hearing official , and no remonstrances having been filed, on the lath day of March, 1990, the City Council formed the local improvement district and authorized construction of the local improvement. The actual cost of the lacal impravement is ascertained to be $28,160.21 and the amounts to be assessed to and borne by the specially benefitted praperty and to be borne by the City or others has been determined i n 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 incor- porated herein by reference. The City C4unci 1 has established the method of calculating 1 acal improve- ment assessments in Sections 7.170 and 7.175 of the Eugene Code, 1971. A notice containing the information required by Section 1.185 of the Eugene Cade, 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 afficial heard all evidence and argument presented, and no remonstrances having been filed, ORDINANCE - 2 has fully considered the same, and 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 rude a part of the Council's record in these proceedings, and the hearings off i ci a1 's findings, i ncl~udi ng those regard? ng compliance with Sect i ans r 7.1fi0 to 1.190 of the Eugene Code, 1911, attached hereto as Exhibit D and incorporated herein by reference, are hereby adopted. Section 2 . The actual cost of the l oval improvement comprising paving and sidewalks on Avalan Street from 100-feet west of Dola Street to Danebo Street is $28,160.21 which is hereby assessed against the parcels of property hereina- fter described in the amounts set. opposite, respectively. Section 3. The City Council does hereby determine and assess each lot and part of 1 of being within the described 1 ocal improvement district as set forth an 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 assessments to the owners of the assessed parcels advising them the assessment may be paid in full, without interest, within ten days of the effective date 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 ORDINANCE - 3 which said several amounts are assessed, and may be paid, with interest on the unpaid principal amount commencing ten days after the adoption of this ordinance: 4. I In up to twenty semi -annual i ns~tal l meats, including pri nci pal and interest at the rate set by the City Manager as provided in E.C. 2.022 through 2.024. 4.2 If the property owner so elects, in Ito monthly installments, including pri nci pal and interest at the rate set by the City Manager as provided in E.C. 2.022 through 2.024 plus a service charge to be determined by the City Manager as provided in E.C. 2.020. Section 5. The City Recorder is directed to enter in the docket of City Liens a statement in connection with each unpaid assessment captaining the fol l awl ng: 5.I a description of each lot, part of lot or acreage specially benefitted by the local improvement; 5.2 The name of the owner ar reputed owner thereof, that the name of the owner is unknown; and 5.3 The sum assessed upon said property, the amount and date from which interest accrues, and the date of entering the same i n the docket of City Liens. Section fi. 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.I90 of the Eugene Code, I9l~I, and enclose therewith any application far paying the assess- ment in installments according to the terms set forth in Section 4 of this ordinance. ORDINANCE ~ 4 Section 1. any assessment remaining unpaid and for which no application for instal 1 meat payments has been received may be foreclosed as pravi ded by 1 aw. The proceeds from the payment or foreclosure of assessments levied by this ordinance shall be deposited to the city funds which advanced the cost of construction, engineering and related expenses or which are used to retire any indebtedness incurred by the City far this improvement. Section 8. That the matters contained herein affect the public welfare and safety and therefore, an emergency is hereby declared to exist, and this ordinance shall become effective immediately upon its passage by the City Council and approval by the Mayor, retention by the Mayor for more than ten days, or readoption aver a mayoral veto by two-thirds of all members of the Council. Passed by the City Council this g day of ~~~ j 199 ~ City Re der Approved by the Mayor this day of ~ 199 Mayor ORDrNANGE - 5 ~. ATTACHMENT A - ASSESSMENT WORKSHEET ~ ~o infer~st on this assessment will begin In the City of Eugene, Lane County, Oregon, an ordinance levying assessments far: PA~lING AND SIDEWALKS ON AUALON STREET FROM 100-FEET WEST OF DOLA STREET T4 DANEBO STREET. ITEM I . Amt pd to Contractor: Contract # 90-02 $? 1, 450.69 , ,,,,., Jab # lSgo Cap Proj. # 905004 Ordinance # ITEM 2. Liquidated damages: ~ $ t .. ... ITEM 3. Other costs: Due back *Ceordr # Date Descri tion ~ to Fund: g0-30610 05/z'S/94 TESTING: PS1 PTL ~ 1 $ 1 )84.40 _ $ lateral sewer a of trk sewer $ r ITEM ~4. Subtotal: Ttems 1 through 3 $2,635.09 _ ITEM 5. Basis for 5l Finance Administration fee cal u a i n. . 2~ .89 Subtotal -item 4, ~ 3 Total not subject to 5~ Finance Fee Item ~3c~ ~ -- $ ITEM 5a. Finance costs subject to 5°1e fee: $21 1 .1. ITEM fi. En ineerin char e ~~ °/Q / actual : $ ~+ 753.36 g 9 g ITEM 1, 5l Finance Administrative fee ~5/ x Item 5a}: $ 1 065.76 ITEM 8, Interest ~ on short-term construction f i nan~ci ng: $ 306.00 a. Extraordinary Finance Costs ~ b. Extraordinary legal costs $ ITEM 9. Other char es: ~ $ g ITEM Ia. Due to sewer fund for 2-1/2 cent levy: $ -~- ITEM I1. MWMC Facility Equalization Fee $ I EM 12. TOTAL ASSESSMENT er ordinance ~ $28,760.21 T p ITEM I3. City's share of cost for completed contract Work DirCsts EngFee Interest Total EXTRA WIDTH 332-9332-61893-905004-000 $1,31~.g2 ~ 277.18 $ 17.84 $ 1,614.9.5___-- $ $ $ ~, $ $ $ $ $ ~ $ $ ~ Total: Not subject to 5/ Finance Fee $ $ $ $ *ceordr # Intersections $ $ $ $ ITEM I4. Deferred Assessments included in Item I2. Eugene Cade 7.T91}. Advanced from Fund , AJE # ~ $ ITEM I5, Costs not lienable included in Ttem T2 Funded by City accounts . Extra territorial , ACK: $ Vacant outside city limits $ Bankrupt accounts ~ ~ $ ' .. W ryF, ~ .~ ~ ~ ~ . 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