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HomeMy WebLinkAboutOrdinance No. 19658ORDINANCE N0. ~~16J~S AN ORDINANCE LEVYING ASSESSMENTS FOR SANITARY SEWERS IN BETNEL DRIVE FROM OGLE STREET TO 400 FEET NORTHWEST, OGLE STREET FROM BETHEL DRIVE TD 400 FEET SOUTH OF ALLANE AVENUE FROM MADERA STREET TO OGLE STREET. The City Council of the City of Eugene finds that: On the 16th day of January, 19$9, as authorized in the Eugene Cade 1.I60~8~ the City Engineer initiated the proposed local improvement consisting of sanitary sewers in Bethel Drive from Ogle Street to 400 feet northwest, Ogle Street from Bethel Drive to 400 feet south Allane Avenue from Madera Street to Ogle Street. ~ . After due notice and a public hearing thereon before the hearing official, and no remonstrances having been filed, on the 22nd day of May, 1989, the City Council formed the local improvement district and authorized construction of the local improvement. The actual cast of the local improvement is ascertained to be $69,131.16 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, 1911 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 1,110 and 1.175 of the Eugene Code, 1971. ~w A notice containing the information required by Section 7.185 of the Eugene Code, 1911 has been posted on a bulletin board at City Nall and given ORDINANCE - 2 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 p1 ace 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 those regarding compliance with Sections 1.1fi o to 1.190 of the Eugene Code, 1971, attached hereto as Exhibit B and incorporated herein by reference, are hereby adopted. Section 2. The actual cast of the local improvement comprising sanitary sewers in Bethel Drive from Ogle Street to 40a feet northwest, Ogle Street from Bethel Drive to 400 feet south of Allane Avenue from Madera street to Ogle Street is $69,13T.16 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 ORDINANCE - 3 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 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 2.02 thru x.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 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 7.19D of the Eugene Code, X971, and enclose therewith an application for paying the assessment in installments according to the terms set forth in Section 4 of this ordinance. ORDINANCE - 4 Passed by the City Cvunci] this ~~ day of ~w•-~.. 198 %~/ " ~~. ~ City Rec rder Approved by the Mayor this ~ ~' day of ~.tiwPa,•._ 1989 Mayor ORDINANCE - 5 r~iirnrT t~ni€ interest an this assessment will begin Attachment A A5SESSME~VT ~10RKSHEET In the City of Eugene, Lane County, Oregon, an ordinance levying assessments for: Sanitary sewers i n Bethel Drive fror~ Ogle Street to 400 feet northwest, Ogle Street . from Bethel Drive to 44o feet south of A11 one Avenue, an d Al 1 one Avenue from Madera Street to Ogle Street. ITEM I. Amount paid to Contractor: Contract # 89-10 $ 47,332.87 Job # 238g Capital Project # Ordinance # ITEM ~. Liquidated damages: $ -Q- ITEM 3. other costs: . Due back *Ceordr # Date Descri tion to Fund: 90-03166 7/Z~/89 Testing ~ 631.10 90-06868 9 X0189 Testing 351 $ 105.40 ' ITEM 4. Total: Items I through 3 ITEM 5. Basis far 5°la Finance Administration fee calculation. Total of Item 4: $ 48,068.91 City construction costs Item ~1c}: -~~ -0- } ITEM 5a. Non-City costs: $ ITEM fi. 19% Engineering charge X19% x Item 4}: ITEM 7. 5% Finance Administrative fee ~5°/o x Item 5a}: ITEM g. Interest on short-term construction financing: ITEM 9. Due to sewer fund for 2 1/~ cent levy: $ 48,068.97 $ 9 133.10 $ 2; 4~~_.45 .~. $ 1,133.00 8,398.64 ITEM ID. ITEM li. ~a} ~Ador~ T TDTAL ASSESSi~ENT per ordinance Cit 's share of cast for cam feted contract: ~b~ ~c~ e Acct.Control Ke ACK Dir.Costs $ G9~ ~d~ ~e~ En .Fee Interest 137.16 ~~~ Total $ $ $ ~ ~ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total - Cit~r's s are; $ $ $ $ *ceordr # ~..~ .~~.~w-.~~w. -.~w~~.~.~.~w~~~.~~~.~~~~ .~~~~-.~.~-.~w~~ ITEM 1Z. Deferred Assessments included in Item 10. Eugene Code 7.I97}. Advanced from Fund AJE # TYPE $ ITEM 13. Extraterritorial assessments included in Item 1o. Funded by City accounts ACK: ~ sk/b:wksheet.ord ~'YUTRTT ~;R~~ FINDINGS AND REC4MMENDATIaNS S~IBJECT: SANITARY SEWERS IN BETHEL FROM OGLE STREET T4 400 FEET NORTHWEST, QGLE STREET FRaM BETHEL DRIVE TO 400 FEET SOUTH OF ALLANE AVENUE, AND ALLANE AVENUE FROM MADERA STREET TO OGLE STREET CONTRACT #89-10~ BAC~{GROUND This project was initiated by a petition of property owners and poll letters, Based on a 20 percent petition, the City Engineer initiated the project as provided for in the Eugene Code 7.160 (8~ , on January 16, 1989. Property owners were ratified of the pending award hearing 10 days prior to the hearing. 'the project was authorized for construction by the City Council on May 22, 1989. The low bid was submitted by Dan D . Allsup Contractors , in an amount of $46,630.75. PROJECT The project includes 1,600 lin.ft, of B" PvC sanitary sewer pipe, 5 manholes, and service lines. ASSESSMENT The total assessable cost is $69,137.16 which included an assessment of $8,398.64 for trunk levy. Under City of Eugene assessment policy, all of the cost is assessed to the butting property owners. The costs to be assessed are shown below: Lateral sewer $ 0.193/sq.ft. Sanitary sewer $ 559.80/each Trunk levy $ 0.025/front foot Costs listed below are the Engineer's estimate and preliminary costs quoted to property owners at the award hearing following bid opening. Lateral sewer Sanitary sewer Trunk levy $ 0.210/sg.ft. $ 740.00/each $ 0.025/front foot RECOMMENDATIONS The final costs are slightly lower than preliminary costs quoted -1- at the award hearing and are less than typical projects of this size, Staff recommends appropriation of the assessment distribution. HEARING A hearing concerning these assessments was conducted on November ~1, 1989, at the McNutt Room of the City Hall, Jack A, Billings, presided as Hearings Officer , Several persons testified con- cerning the assessments, Minutes from that meeting are attached to these Findings and Recommendations as Exhibit "A", The Hearings Official concludes that the assessments far this project have been calculated appropriately in accordance with the Eugene Code, chile paying far these improvements will provide some difficulties for property owners, there is nothing unusual about this project in comparison to other improvements. The Free Souls property, for example, is large enough that it could be divided, if that were desired, The availability of sewer hookup would enhance the value of that property. It is also an appropriate extension of city services as was decided by the Council its initial ordinance approving this construction, Although the MERCO property was required to hookup to the sewer about nine years ago, it has not previously been required to pay a lateral sewer cost, Therefore, considering that the assessments have been attributed in accordance with the Eugene Code, the Hearings Official recom- mends that the City Council adopt an ordinance assessing the benefitting property owners as set forth above, Jack A, Billings, Hearings Official _~_ HEARING MINUTES SUBJECT: SANITARY SEWERS IN BETHEL DRIVE FRAM OGLE STREET TO 400 FEET NORTHWEST, OGLE STREET FROM BETHEL DRIVE TO 400 FEET SOUTH LF ALLANE AVENUE, AND ALLANE AVENUE FROM MADERA STREET TQ OGLE STREET CONTRACT #89-10~ A hearing concerning the above project was held on November 21, 1989, at 7:00 P.M., in the McNutt Room of the City Hall. The Hearings official opened the hearing by describing the project and the manner in which the hearing would be conducted. The Hearings Official first called on Les Lyle, City Engineer, to describe the project. Mr. Lyle stated that the sewer project had been completed and the amounts for assessment were being attri- buted to the benefitting properties. He noted that Chapter 7 of the Eugene Code outlines the manner in which costs are to be distributed. The project was initiated by petition of property owners. Because this was a needed sanitary facility, it did not require 50~ property owner approval. Preliminary casts had been provided to property owners and the actual costs were lower. Leroy Hecker, X980 Allane Avenue, spoke on behalf of the Free Souls who live at the above address and which is an assessed property. He said that he thought the amounts being charged were quite high and, in fact, seem about double of what they should be. He noted that the property is a corner lot. He wondered why the property owners should pay for the sewer service when not receiving other services , such as a well-~paved street . He also asked for a delay in the proceedings. After conferring with the City Engineer concerning the City Council's schedule, the Hearings official allowed Mr. Hecker, and anyone else in attendance, to submit additional written information to the Hearings official's office by noon, November 29, 1989. Mr. Lyle responded that the assessments are computed according to the Eugene Code which takes the frontage of the property times its depth, up to a 160 foot maximum. The total square feet per property are then divided into the total cost. There is not an overlap or doubling because a property is a corner lot. He also explained about Bancrofting. He said he understood the concern about financing and speculated that property owners might be able to work something out with the finance department. In response to a question about paving or sidewalk improvements, Mr. Lyle acknowledged that not much has been done in that particular neighborhood and probably wouldn't be in the forseeable future. -1-~ Exhibit "A" He observed that paving or a sidewalk would require at least 50~ property owner approval, which he thought was not likely. William Brougher of 1140 Ogle, wanted to know what was involved in hooking up to the sewer and whether it was his responsibility. Mr, Lyle responded that it is the property owner's responsibility to hook up the sewer and that 18 months is available to do so. Hookup will require a building permit to extend the private line from the house to the street. So long as the construction is in accordance with the code, the property owner can do this him or herself. Mr, Brougher further noted that he has three lots, two of which don't have buildings. He also asked about the interest rate for Bancroft funds , Mr . Lyle responded that Bancrof ting i s based upon the interest rate on the bonds which have been sold to finance that project. Sa, a lower interest rate is probably not passible. There was also some discussion about Mr, Broug her's specific properties. John Auld of MERCO Products 1298 Bethel, also spoke. Mr. Auld Hated that the company's property is mostly on Bethel Drive. He noted that in 1980 his company was required to hook up to the sewer which existed at that time, This required laying X35 feet of sewer pipe across their awn property. Since his property had hooked up to the sewer earlier, Mr, Auld complained that his com- pany is being required to pay double. He appreciated that the sewer was installed on the east side of Bethel Drive which helped avoid their underground services. They did not have to put in a sewer hookup, because the hookup had occurred earlier. Mr. Lyle responded that all properties are expected to pay a fair share. He noted that even though MERCO was required to hook up to the previously existing sewer a number of years ago, MERCO was only required to pay for its own sewer line across its property. It was not assessed for the trunk line. Now, the trunk line has been extended and MERCO is being required to participate as a benefitting property. In any event, he stated that the City Engineer must follow the Eugene code. In summary, Mr. Auld acknowledged that he is not contesting the assessments have now been property computed, just that it isn't fair, There being no further discussion on this project, the hearing was concluded, Respectfully submitted, Jack A. 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