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HomeMy WebLinkAboutOrdinance No. 19600ORDINANCE N0. ~~ AN ORDINANCE LEVYING ASSESSMENTS FOR alley paving from 15th Avenue between Oak Street and Pearl Street in the City of Eugene, Lane County, Oregon. The City Council of the City of Eugene finds that : On the 5th day of July, 1988, as authorized in the Eugene Code 1.1fi0~8} the City Engineer initiated the proposed local improvement consisting of alley paving from 15th Avenue between Oak Street and Pearl Street. After due notice and a public hearing thereon before the hearing official, and nv remonstrances having been filed, the City Council authorized the execution of a contract for the construction of the local improvement on the 12th day of September, 1988. The actual cost thereof is ascertained, and the initial amount to be assessed in accordance with applicable provisions of the Eugene Code, 1971 has been determined to be: Items 1 to 24 from Page 1 of P4~ ordinances The City Council has established the method of calculating local improve ment assessments in Sections 7.170 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 mall 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 official heard all evidence and argument presented, has fully considered the same, and no remonstrances having been filed, has reported his ar her adopted findings to ORDINANCE - 2 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 1.1fi0 to T.I90 of the Eugene Code, 191I, attached as Exhibit A hereto and incorporated herein by reference are adopted. Secti an z. That the actual cast of alley paving from I5th Avenue between Oak Street and Pearl Street, a local improvement in the City of Eugene is the sum of $9,815.86 which is by this ordinance assessed against the parcels of property hereinafter described in the amounts set opposite, respectively. Section 3. That 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 tali attached as Exhibit B hereto and incorporated herein by reference. Section 4. That the City Council does hereby determine that each parcel of land or l at here i nabove described i s specially benef i tted to the extent of the initial 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 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 equal semi-annual installments, including principal and interest at the ORDT~NANCE - 3 rate set by the City Manager as provided in Section 2.o22 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 descri pti on of each l at, part of ~ of ar acreage ~ i abl a for such 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~af 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 Cade, 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 /'t~r~~ ~~ 198 City ecorder Approved by the Mayor this day of ,ru~_, 198 ~, f ayor CRDIN~ANCE - 4 FINDINGS AND RECOMMENDATIONS SUBJECT: ALLEY FROM 15TH AVENUE BETWEEN OAK STREET AND PEARL STREET NORTH ONE-HALF BLOCK AND FROM PEARL STREET BETV~EEN 14TH AVENUE AND 15TH AVENUE wEST ONE-HALF BLOCK CONTRACT #SS-19~ BACKGROUND This project was initiated by a petition from property owners. the properties petitioning for the improvements will pay for 5~.5 percent of the improvement costs. Based on the petition, the City Engineer initiated the project, as provided for in the Eugene Cade 7.16Q~8}, on actober 9, 1988. The property owners were notified of the pending award hearing 1o days prior to the hearing. The project was authorized for construction by the City Council on September 12, 1988. The low bid was submitted by Wildish Corvallis Construction Ca. for an amount of $~3,3oQ.4U. PROJECT The project includes 14' paving, driveways and storm sewers. ASSESSMENT Under City of Eugene assessment policy, most of the cost is assessed to the abutting property owners. The casts to be assessed are shown below: East/West Alley 14' paving $19.42/front foot 14' paving $ U.241sq. foot of lot Driveways $ 1.931sq. foot of A.C. North/Sonth Alley 14' paving $19.421front foot 14' paving $ o.171s .foot of lot q The costs listed below are the Engineer's estimate and preliminary costs quoted to property owners at the initial hearing following bid opening. 14' paving $2Q.83/front foot 14' paving $ 4.26/sq. foot of lot Driveways $ 2.15/sq. foot of A.C. 14' paving $20.83/front foot 14' paving $ 0.181/sq. ft. of lot FINDINGS AND RECGMMENDATIUNS - 1- REC~MMENDATI~N The final casts are slightly lower than preliminary costs quoted at the award hearing. Staff recommends appropriation of the assessment distribution. A hearing regarding this project was scheduled far January 25, 1959, at 7:~U P.M. at the McNutt Room, The Hearings Official received a memorandum from Les Lyle, City Engineer, which set forth the information provided above. No persons other than staff appeared at the hearing. The Hearings Official recommends that the City Council approve the levying of the assessments as set forth above. Jack A. Billings Hearings Official FINDINGS AND RECOMMENDATIONS - 2 ORDINANCE N0. AN ORDINANCE LEVYING ASSESSMENTS FOR alley paving from 15th Avenue between Oak Street and Pearl Street in the City of Eugene, Lane County, Oregon, t • ,.,. , .r;Ttem 1. Contract Amount Contract # 88-19 r $ 23,815.10 . (~ ncl udi ng contingency} Ca~itract # ~: s , Item 2. Maintenance Retainage . Item 3. Other Casts (Describe} ~ f Item 4. Deferred Assessments Type} ~ ~ Item 5. Amount of Remaining Warrants Issued to Complete Contract E item ~6. Estimated amount for Contract ~ 88-19 $ 23,815.10 Item 1'. Less -City's Share of Cast for Completed Contract . ~. C - 3,457.32 1 Rein $. Plus . a. DUE TO WARRANT REDEMPTION FUND } ~ tem . mount to Which City Charges are applied . ~. ~. $ 20,351.78 ~~ Item 10. Plus -Unpaid Balance of City's Share See Item 24 Below} 3,457.32 Item 11. Less -Liquidated Damages 9 s Item 12. ~ Less -.Other Casts Describe} . Item 13. P1 us -.Overpayment to Contractor by Warrant I Item 14. ASSESSMENT WORK IN PROCESS ~ ~~ 23,815.10 Item 15. ~ Pl us -overpayment to Contractor i n Cash s . Item 16. Plus - 19% City Charge for Engineering ~~. 3,867.98 Plus - S% City Charge for Internal Service 1,017.89 ~ Plus -Warrant Interest Charge ~ 518.00 $~~ ~ ~, . a. DUE TO WARRANT REDEMPTION FUND 5,403.87 ~: Item I7. Plus -DUE TO SEWER UTILITY for 1/2~ SPECIAL SEWER LEVY . Item 18. Plus -DUE TO. SEWER UTILITY far Lateral Sewer ~. • £quivalent.af Trunk Sewer System qk Item I9. Plus -DUE TO WARRANT REDEMPTION FUND far Engineering 3 ~ 656.89 Charges on City's Share of Costs Item 2fl. Plus -Other Costs Describe} i Item 21. Plus -Liquidated Damages ~ ~ - - i.. ~. Item 22. Less -DUE FROM CONTRACTOR for Overpayment ~. . Item 23. INITIAL ASSESSMENT RECEIVABLE -TOTAL INITIAL ASSESSMENTS ~ $ 29,875.86 ~ per Drd~nance ~ item 24. Cit '~s Share of Cast for com leted Contract: . Account Na. £n r. 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