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HomeMy WebLinkAboutOrdinance No. 19601ORDINANCE N0. ~~~ AN ORDINANCE LEVYING ASSESSMENTS FOR . alley paving between 10th Avenue and 11th Avenue from Hayes Street to Garfield Street in the City of Eugene, Lane County, Oregon. The City Council of the City of Eugene finds that: On the 9th day of October, 1951, as authorized in the Eugene Cade 7,1608} the City Engineer initiated the proposed local improvement consisting of alley paving between 10th Avenue and 11th Avenue from Hayes Street to Garfield Street. After due notice and a public hearing thereon before the hearing official, and no remonstrances having been filed, the City Council authorized the execution of a contract far the construction of the local improvement on the 1Zth 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, 1911 has been determined to be: Items 1 to 24 from Page 1 of Pw ordinance} The City Caunci i has established the method of calculating i ocal imprave- meat assessments in Sections 7.110 and 1.175 of the Eugene Code, 1911. A notice containing the information required by section 1.185 of the Eugene Cade, 1971 has been posted on a bul l eti n board at City Ha11 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 official heard all evidence and argument presented, has fully considered the same, and no remonstrances having been filed, has reported his or 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 ODES ORDAIN AS FDLLDI~S: Sectian I. 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.I60 to 7.19D of the Eugene Code, I9lI, attached as Exhibit A hereto and incorporated herein by reference are adapted. Section 2. That the actual cost of alley paving between IDth Avenue from Hayes Street to Garfield Street, a local improvement in the City of Eugene is the sum of $2fi,4Z4.D3 which is by this ordinance assessed against the parcels of property hereinafter described in the amounts set opposite, respectively. Sectian 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 roll attached as Exhibit B hereto and incorporated herein by reference. Sectian 4. That the City Council does hereby determine that each parcel of land or lot hereinabove described is specially benefitted 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 ORDINANCE - 3 rate set by the City Manager as provided in Section 2.022 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. I A descri pt i on of each lot, part of lot or acreage liable far 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 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.I90 of the Eugene Cade, I97I, 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 f ~ day of ~~YUGt~ 198 ~ ~~ Cit ecorder Approved by the Mayor this ~,~ day of 1988 ~. ayor ORDINANCE - 4 FINDINGS AND RECOMMENDATIONS SUBJECT: ALLEY BETWEEN 10TH AVENUE AND 11TH AVENUE FROM HAYES STREET TO GARFIELD STREET CONTRACT #88-20~ BACKGROUND This project was initiated by a petition from property owners, The properties petitioning for the improvements will bear 65 per- cent of the improvement costs. Based on the petition, the City Engineer initiated the project, as provided for in the Eugene Code 7,160~8~, on July 25, 1988. The property owners were notified of the pending award hearing 10 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 Co., far an amount of $20,554.70. PROJECT The project includes 12-foot paving, driveways and storm sewers, ASSESSMENTS Under City of Eugene assessment policy, most of the cost is assessed to the abutting property owners. The costs to be assessed are show below: 12' paving 12' paving Driveways $ 16.96/front foot $ 0.17/square foot of lot $ 129.06/tons A.C. Costs listed below are the Engineers estimate and preliminary costs quoted to property owners at the initial hearing following bid opening, 12' paving 12' paving Driveways $ 18.19/front foot $ 0.19/square foot of lot $ 2.43/square foot of A.C. FINDINGS AND RECOMMENDATIONS ~- 1 RECOMMENDATIONS Costs are slightly less than projects of similar size and lower than preliminary costs quoted at the award hearing. Staff recom- mends appropriation of the assessment distribution. This project was scheduled far January 30, 1989, at 7:00 P.M, at the City Council Chambers. The Hearings Official received a memorandum from Les Lyle, City Engineer, which set for the infor- mation 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 ND. AN ORDINANCE LEVYING ASSESSMENTS FOR alley paving between lath Avenue and 11th Avenue from Mayes Street to Garfield Street in the City of Eugene, lane County, Oregon. Item I. Contract Amount Contract # 88-20 $ 21,243.03 including contingency} Contract # Item 2. e Maintenance Retainage . ~.~ Item 3. Other Costs Describe} Item 4. ~ Deferred Assessments Type} Item 5. Amount of Remaining Warrants Issued to Complete Contract Item 6. Estimated amount far Contract # 88-2a ~$ 21,243.03 Item 7. Less -City's Share of Cast far Completed Contract - 3,926.38 . Item 8. P1 us a. DUE TO WARRANT REDEMPTION FUND . Item 9. Amount to Which City Charges are applied 17,316.65 . Item I4. Plus.- Unpaid Balance of City's Share See Item 24 Below} 3,926.38 Item II. Less - Liquidated Damages Item I2. Less - Other~Casts Describe} Item 13. P1 us - Overpayment to Contractor by Warrant . Item 14. ASSESSMENT WORK IN PROCESS 21,243.03 Item I5. Plus -Overpayment to Contractor in Cash Item I6. Plus - 19%a City Charge far Engineering 3,290.16 P1 us - 5% City Charge for Internal Service 865.83 Plus -Warrant Interest Charge 279.aa a. DUE TD WARRANT REDEMPTION FUNS 4,434.99 Item I7. P1 us. - DUE TD SEWER UTILITY far 2 IJ2~ SPECIAL SEWER LEVY Item I8. Plus - DUE TO SEWER UTILITY for Lateral Sewer Equivalent of Trunk Sewer System Item I9. Plus - DUE TO WARRANT REDEMPTION FUND far Engineering 746.41 Charges an City's Share of Costs Item 20. Plus -Other Casts Describe} Item 21. Plus - Liquidated Damages Item 22. Less - DUE FROM CONTRACTOR far Overpayment Item 23. INITIAL ASSESSMENT RECEIVABLE - TOTAL INITIAL ASSESSMENTS $ 26}424.03 per Ordinance . Item 24. ~i1~'s_Share of ,,Cost, for completed Cantrac~: Account No. En r. Contract Cost Total Pre aid JE# Balance . Intersection 745.01 3 926.38 $4,672.39 ORDINANCE ~-~I . ~n r-~ ~~ . r rt; ` ' `tis: C ~ ~, rv ~.. ~ Q ~ . ~ ~ . Y r ~, ~~ ~~. ~ ~ ~ ~. iv ~ Iv ' ~ I ~ r,. ~ ~ ~I ~~ ~ © i ~ ~~I ti w W I tr;- rr I , ,~± ~t ~ I ~ ~ na I Iv ~ n: I ni , ~ ~ c~ ,, ~ ` c~ 1 t~ : ~ ~. # ~ c~ ~ ~ ~ E ~ ,~ f` l , ~ ~: m ~ ~ I ~ ,~ ~ a~ ~ ~' ~ ~ r `ti ~ :: ~` ~ ~ ~ ~ ~ ~ .~ C~' ~n ~ ~t' ~ ~ Uti r, ~ ~ ~o x ~ : ~ i:~ ~ z ~ l:. 7~ N 't7 ~ I~ i ~. ` ~ . N ~ , w ~~. N ~Lr ~ ;; Q `CS f ,~? ~ ~- ~: r~ ! 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