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HomeMy WebLinkAboutOrdinance No. 19656ORDINANCE N0. I ~f CO ~~ AN ORDINANCE LEVYING A5SE55MENTS FOR PAVING, CURBS, GUTTERS, AND SIDEWALKS ON HICKORY AVENUE FROM GARDEN WAY TO 140 FEET WEST SOUTH ONE-HALF OF HICKORY ONLY, The City Council of the City of Eugene finds that: On the 28th day of December, 1988, as authorized in the Eugene Code 1.1608} the City Engineer initiated the proposed local improvement consisting of paving, curbs, gutters, and sidewalks on Hickory Avenue from Garden Way to 140 feet west {south one-half of Hickory only}. After due notice and a public hearing thereon before the hearing official, and no remonstrances having been filed, on the loth day of April, , . 1989, 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 $14,332.68 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 Code, r 1971 and as set forth in. Items 1 to 13 from Page 1 on Exhibit A attached hereto and incorporated herein by reference. The City Council has established the method of calculating local im- provement assessments in Sections 1.170 and 1.175 of the Eugene Code, 1911. A notice containing the information required by Section 7.185 of the Eugene Code, 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 ORDINANCE - 2 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 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 FOLLO~IS: 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 7.16D to 1,190 of the Eugene Cade, 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, curbs, gutters, and sidewalks on ~fiickory Avenue from Garden way to 14o feet west south one-half of Hickory only} is $14,33~.b8 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 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 assess- ments to the owners of the assessed parcels advising them the assessment may ORDINANCE - 3 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 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: 4.1 A description of each lot, part of lot yr 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 sha11 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, 1911, 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 o f ~~+~+~..~- 19 8 9 City Recorder Approved by the Mayor this ~~ day of 198 ayor ORDINANCE - 4 EXHIBIT "A" ~~ interest Ora this assessment wil l begin Attachment A ASSESSMENT ~aRKSHEET In the City of Eugene, Lane County, Oregon, an ordinance levying asse ssments for: Paving, curbs, gutters, and sidewalks on Hickory Avenue from Garden I~~ ay to 140 feet . west south one-half of Hickory only}. ITEM I. Amount paid to Contractor: Contract # 89-04 $ 10,810.89 Job # 2464 Capital Pra j ect # Ordinance # ITEM 2. Liquidated damages: $ -4- ITEM 3. Other costs: Due back *Ceordr # Date Descri tion to Fund: - -11-89 Testin ~ 379.54 90-03766 5-04-89 Testing , .. _ $ 2 7.50 $ ~. $ ITEM 4. Total: Items 1 through 3 $ 11,428.19 ITE~~ 5. Basis far 5°la~ Finance Administration fee calculation . Total of Item 4: ~. 1I.428.1~ City construction costs Item lIc}: -~~ 2 605.423 iTEM 5a. Non-City casts: $ 8,822.77 ITE1~ 6 . I9°la Engineering charge ~ 19°la x Item 4} : $ 2,171.35 ITEM 7. 5°la Finance Administrative fee ~5°IQ x Item 5a} : $ 441.14 ITEM 8. Interest an short-term construction financing: $ 292.x0 iTE~1 9. Due to sewer fund for 2 I/2 cent levy: $ -0- ITEM 10. TOTAL ASSESSMEMT per ordinance $ 14,332.68 ITEM II. Cit 's share of r_ost for com feted contract: ~a ~ ~b~ ~c~ ~d~ ~e~ ~f~ Wor k T e Acct.Control Ke ACK Dir.Costs En .Fee Interest T~~tal t rsection ~ 2,605.42 495.43 ~ 66.57 ~ 3,167.02 $ $ $ ~ $ $ $ $ $ $ $ $ $ Total - City's share: $ $ $ ~ *ceardr # /YFr....N/-I,YiV/r/w.,.,.,...~ ....................~..,.. ,......,........w ....,.wM~V'vtirrwww~'rw~ ITEM 12. Deferred Assessments included in Item lo. Eugene Code 7.197}. Advanced from Fund , AJE # TYPE s ITEM I3. Extraterritorial assessments included in Item lo. Funded by City accounts ACK; ~ sk/b:wksheet.ord FJ(N~R~'T 'rR~f FINDINGS AND RECOMMENDATIONS SUBJECT; PAVING, CURBS, GUTTERS AND SIDEWALKS FOR HICKORY AVENUE FROM GARDEN WAY TO 140 FEET WEST CONTRACT #8904} BACKGROUND This project was irritated by a petition of property owners, The properties petitioning for the improvements will bear 100 percent of the improvement costs . Based on a 100 percent petition, the City Engineer initiated the project as provided for in the Eugene Cade ?.160 ~ S~ , on December 28 , 19 8 8 . 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 April 10, 1989. The low bid was submitted by Dan D. Walt's Concrete Co., in an amount of $9x723.55. PROJECT The project includes la foot paving, curbs, gutter and concrete sidewalks. ASSESSMENT The total assessable cost is $14,332.68. Under City of Eugene assessment policy, all of the cost is assessed to the abutting property owners. The costs to be assessed are shown below: 10 foot paving $ 7G .43/front foot 4" sidewalk $ 2.87/sq, ft . 5" concrete driveway $ 3.25 sq.ft. Costs listed below are the Engineer's estimate and preliminary costs quoted to property owners at the award hearing following bid opening . 10 foot paving $ 59.84/front foot 4" sidewalk $ 3.28/sq.ft. 5" concrete driveway $ 3.71/sq.ft. FINDINGS AND RECOMNfEiVDATICNS The final costs are lower than preliminary costs quoted at the award hearing and are less than typical projects of this size. Staff recommends appropriation of the assessment distribution. --1- A hearing was scheduled concerning the above matter for November 21, 19$9, at 7:00 P,M, in the McNutt Room of City Ha11. The Hearings Official received a Memorandum from the City Engineer, outlining the above information. No persons appeared at the hearing, Based upon the foregoing, the Hearings official finds that the assessments have been calculated in accordance with the Eugene Code. The Hearings Official recommends that the City Council adopt an ordinance assessing the benefitting property owners as set forth above . Jack A. 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