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Home My WebLink AboutOrdinance No. 19767ORDINANCE N0, ~~ AN aRDINANCE LEVYING ASSESSMENTS FOR SANITARY SEWERS IN GROSS STREET FROM GARFIELD STREET TO 600-FEET WEST OF GARFIELD STREET; DECLARING AN EMERGENCY, The City Council of the City of Eugene finds that: On the 1st day of November, 1989, as authorized in the Eugene Code 7.16o~S~ the City Engineer initiated the proposed local improvement consisting of sanitary sewers in Cross Street from Garfield Street to 600-feet west of Garfield Street . After due notice and a publ i c hearing therea~n before the hearing official , r and no remonstrances having been filed, on the 9th day of April, 1990, 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 $37,626.35 and the amounts to be assessed to and borne by the specially benefitted property and to be borne by the City or others has been determined in accordance with applicable provisions of the Eugene Code, 1971 and as set forth i n items 1 to 13 from Page 1 on Exhibit a attached hereto and i ncor- porated herein by reference. The City Council has established the method of calculating local improve- ment assessments in Sections 7.170 and 7.175 of the Eugene Code, 1911. A notice containing the information .required by Section 1.185 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 assessment more. than ten days pri ar to the public hearing before the hearing official. At the time and place specified therein, a hearings official 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 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 FOLLOWS: Section 1. The Summary of the hearing conducted by the. hearings official are hereby made a part of the Council's record in these proceedings, and the hearings official's findings, including those regarding compliance with Sections r 1.160 to 7.190 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 sanitary sewers in Cross Street from Garfield Street to 6Go-feet west of Garfield Street is $37,626,36 which is hereby assessed against the parcels of property hereina- fter described in the amounts set opposite, respectively. . Section 3. The City Counci 1 does hereby determine and assess each 1 of 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 sha11 give notice lof 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 ardin ante. Assessments that remain unpaid after the ten day period are declared to be liens upon the respective 1~ots, parts of lots or parcels of Viand 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.~.1 ~n up to twenty semi -annual instal 1 ments, including principal and interest at the rate set by the City Manager as provided in E.C. 2.022 through 2.02. 4.-2 If the property owner so elects, in X20 monthly installments, including principal 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 containing the following: 5.1 A description of each lot, part of lot or acreage specially benefitted by the local improvement;. 5.'2 The name of the owner or 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 in the docket of City Liens. Section fi. bpon 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, ~97I, and enclose therewith an application for paying the assess- ment in installments according to the terms set forth in Section 4 of this ordinance. 0 RD ~ N~4NG E - 4 Section 7. Any assessment remaining unpaid and for which no application for installment payments has been received may be foreclosed as provided 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 for this improvement. Section S. That the matters contained herein affect the publ i c 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 r Council and approval by the Mayor, retention by the Mayor for mare than ten days, or readoption over a mayoral veto by two thirds of all members of the Council. Passed by the City Council this day of 199 ~"'." l/' City Rec er Approved by the Mayor this day of 199 ~ ~~ Mayor oR~~NANCE ~ 5 ACHMENT A -ASSESSMENT WORKSHEET .. ~ interest on this assessme~tt wig[ begin ~n the City of Eugene, Lane County, Oregon, an ordinance levying assessments far: SANITARY SEWERS~IN CROSS STREET FROM GARFIELD STREET TO 600-FEET WEST GF GARFIELD STREET. ITEM 1. Amt pd to Contractor: Contract # 90-04 $27, ~8~.25 Jab # 2532 Cap Proj. # 905135 Ordinance # ITEM 2. Li uidated damages: q $ -~- ITEM 3. Other costs: Due back *Ceord r # Date Descri tion to Fund: 05/08/90 MATERIAL TESTING ~ 51 90-29316 $ G . 4 _ . $ lateral sewer a of trk sewer $ ITEM 4. Subtotal: Items 1 through 3 $27 ,750.75_.__ ITEM 5. Basis for 5°la Finance Administration fee cal cut ati on . SUb#o#a[ -item 4: ~ 2 Tota[ .not subject #0 596 Finance Fee ~[tem ~3c} ~ -- ~ ITEM 5a. Finance costs subject to 5°/~ fee: $27 750.75 ITEM fi 2~ °le / actual: Engineering charge $ 5 $27.57 , ~ ITEM 1 Finance Administrative fee ~5%a x Item 5a}: 5°/ $ ~ 8 .54 , e ITEM 8. Interest on short-term construction financing: $ 00.00 Finance Coss di ~ E t ~ nary raor a. x ~ b. Extraordinary [ego[ costs ITEM 9 Other charges: $ . ITEM 10. Die to sewer fund for 2w1/2 cent levy: $ 1,760.40 ITEM 11 MWMC Facility Equalization Fee $ , ITEM 12. Ce ~ TOTAL ASSESSMENT per ord~nan $37,b26.3~ ITEM 13. City's share of cost far compi~eted contract work DirCsts EngFee Interest Total $ $ $ $ $. $ $ $ $ $ $ $ $ $ $ $ Total: Not subject to 5% Finance Fee $ $ $ $ *ceordr # Intersec tions $ $ $ $ ITEM 14. Deferred Assessments included in Item 12. Eugene Code 7 .191}. AJE # Advanced from Fund $ , ITEM I5. Casts not l i enabl a included i n Item 1 Z Funded by City accounts. Extra territorial. ACK: $ vacant outside,city limits $ Bankrupt accounts $ ti ~. '~k: t. ..; . , k/ ~~ ~ ... .,. ~~ ~~]] ,r/ . 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