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HomeMy WebLinkAboutOrdinance No. 19657 ORDINANCE N0. ~ ~~~'~" AN ORDINANCE LEVYING ASSESSMENTS FOR SANITARY SEWERS IN A PORTION OF WEST 52ND AVENUE BEGINNING APPROXIMATELY AT THE WE5T BOUNDARY OF SOLAR HEIGHTS SUBDIVISION AND PROCEEDING WEST FOR 350 FEET. The City Cauncil of the City of Eugene finds that: On the 3rd day of January, 1988, as authorized in the Eugene Cade 7.160~8~ the City Engineer initiated the proposed lacal improvement consisting of sanitary sewers in a portion of West 52nd Avenue beginning approximately at west boundary of Solar Heights Subdivision. After due notice and a public hearing thereon before the hearing official, and no remonstrances having been filed, an the 22nd day of May, 19$9, the City Council formed the local ir~provement district and authorized construction of the local improvement. The actual cost of the local improvement is ascertained to be $15,052.51 and the amounts to be assessed to be borne by the City or others has r. ~~. been determined in accordance with applicable provisions of the Eugene Code, 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 7.110 and 1.175 of the Eugene Code, 1971, A notice containing the information required by Section 7.185 of the Eugene Code, 1971 has been pasted on a bulletin board at City Hall aid given ~. by certified mai l to the owners of the parcels of real property subj,'ect .~to the ORDINANCE - 2 assessment more than ten days prier 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 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 thane regarding compliance with Sections 7,16o to 1.190 of the Eugene Code, 1971, attached hereto as Exhibit B and incorporated herein by reference, are hereby adopted. Section ~. The actual cost of the local improvement comprising sanitary sewers in a portion of west 5~nd Avenue beginning approximately at the~west boundary of Solar Heights Subdivision is $9~,32a.82 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 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 shall give notice of the assess- ORDINANCE - 3 ments 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 semi-installments, including principal and interest at the rate set by the City Manager as provided in Sectian 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 Or 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 Eiens. ' 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 7.190 of the Eugene Code, 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 o f -ca~,.b.a,~ 19 8 r /,~G--- e~/ ~~` f/~ City Retarder Approved by the Mayor this y ~ day o f ~~-6~..~ 198 9 Mayor ORDINANCE - 4 EXHIBIT "A~' ~_° interest on this assessment will begin Attachment A ASSESSMENT ~iORKSHEfT In the City of Eugene, Lane County, Oregon, an ordinance levying assessment s for; Sanitary sewers in a portion of Il~est 52nd Avenue beginning approximately at the west boundary of Solar Heights Subdivision and proceeding west for 350 feet. ITEM I. Amount paid to Contractor: Contract # 89.07 ~ 8,246.30 Job # 2445 Capital Project # X5535 Ordinance # ITEM 2. Liquidated damages: $ -4- ITEM 3. Other casts: Due back *Ceordr # Date Descri tion to Fund: 94-02451 7/24/89 Material Testing 351 $ 65.40 ITEM 4. Total: Items I through 3 ~$ 8,311.70 ITEM 5. Basis for 5°la Finance Administration fee calculation. Total of Item 4: $ 8,311.70 City construction costs Item 11c}: ~~~ - - } ITEM 5a. ~on~City costs: $ 8 311.70 ITEM 5 . I9°/o Engineering charge ~ 19°/o x Item 4} : $ 1,579.22 ITEM 7. 5°/a Finance Administrative fee ~5% x Item 5a}: $ 415.59 ITEM 8. Interest on short-term construction financing: $ 146.00 ITEM 9. Due to sewer fund for 2 I/2 cent levy: $ 4,600.00 ITEM 10. TOTAL ASSESSMENT per ordinance $ 15 052.51 ITEM Z1. Cit 's share of cost for com leted contract: ~a} ~b~ ~c~ ~d~ ~e~ ~f~ Work T e Acct.Control Ke ACK Dir.Costs En .Fee Interest Totai $ $ $ ~ $ $ $ $ $ $ $ ~ $ $ $ $ $ $ $ ~ $ $ $ ~ $ $ $ $ Total - City's share: $ $ $ ~ ITEM I2. Deferred Assessments Included in Item 10. Eugene Code 7.I97}. Advanced from Fund AJE # TYPE $ ITEM 13. Extraterritorial assessments included in Item I0. Funded by City accounts ACK: ~ sk/b:wksheet.ord FxNr.RTT ~~~~~ FINDINGS AND RECOMMENDATIONS SUBJECT: SANITARY SEWERS IN A PORTION OF WEST 52ND AVENUE BEGINNING APPROXIMATELY AT THE WEST BOUNDARY OF SOLAR HEIGHTS SUBDIVISION AND PRQCEEDING WEST FQR 350 FEET f CONTRACT # 8 9 ~-0 7 ~ BACKGROUND This project was initiated by a petition of property owners. Based on a 28 percent petition, the City Engineer initiated the project as provided for in the Eugene Code 7.160 ~ 87 , on January 3, 1989. Property owners were notified of the pending award hearing 10 days prior to the hearing. The project was authorized for construction by the Gity Council on May 22, 1989. The law bid was submitted by Kenneth R. Bostic Construction Co., in an amount of $$,118.63. PROJECT The project includes 305 feet of sanitary sewers. ASSESSMENT The total assessable cost is $19,65.51 which includes an assessment of $4,600.00 for trunk levy. 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: Sanitary Sewer $ 0.13/sq, f t. Sanitary Service $ 563.91/each Cost listed below are the Engineer's estimate and preliminary costs quoted to property owners at the award hearing following bid opening. Sanitary Sewer $ 0.14/sq, f t . Sanitary Service $ 608.83/each FINDINGS AND RECOMMENDATIONS 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 ~1, 1989, at 7:00 P,M, in the McNutt Room of City Hall. 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, J~~/~ Jack A. Billings Hearings Official _~_ r ~ rm m~ ~* E ~ r ~r k ~ C ~ ~ f ~ ~ Cn t r p+ I ~ c ~ ~ I I y PP } I i ~~ ~ N ~ N Q r ; I ~ i ~ ~ I ~ I ; ~ ' ~~ d~"' ~ i i j ~~ o ~ 3 ~ ~ € ~ , I I ~ ` ~ ! I ~ i Q f f { ' ~ ~ ~ ~ ' ~ i ~ I ~ I V ~ ~ ~ ~ f ! ~ f G€ j ~ Nf ~ I i ~ ~ I ~~ { I ~ ~ ~ ~ W3 ' f ~ I 1 r n ` ' ~ ! ~ I IV f ' I { ~ ~ ~ ~ ~ ~ ; t ~ ~ ~ . f • rnm I ~ ~a I Hrn I 1 ~ b~~ N N ' N 7a I S I j ~ 1 ~ j ©~i = ~ i I i • ! ~ ~ i I i ~ f ~~ ~ ~ i ~ i ~~ ~ ~ E f i my i t ~ ~ ' ~ i I i ' ~ 1 ~ i I i ~ ~ ! i I i ~ ( f I ~ I ~ ~ 1 ~ I a ~ t ~ ~ t 7t f ~ I ~ f I ~ (~ I If`F • I 1 I 1 ! 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