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Home My WebLink AboutOrdinance No. 19351~ r ORDINANCE N0, ~, :f AN ORDNANCE LEVYING ASSESSMENTS FOR sanitary Sewer on Bailey Hi 11 Road from 950 feet south of West 11th Avenue to 1200 feet south of West 11th Avenue in the City of Eugene, Lane County, Oregon. RECITALS: The City Council of the City of Eugene did by Resolution No. 3928 ,adopted JUne 26 19 85, determine to construct sanitary sewers on Bailey ~~11 Road from 950 feet south of~ West 11th Avenue to 1200 feet south of West 11th Avenue The ~ity Council authorized the execution of a contract for the construction of the local improvements on 3 - - , 19~; The estimated 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: ~ . Item 1. Contract Amount Contract # 85-22 $ 9,930.01 (including contingency) Contract # Item 2. Maintenance Retainage Item 3. Other Casts (Describe) Item 4. Deferred Assessments (Type) Item 5. Amount of Remaining Warrants Issued to Complete Contract Item 6. Estimated amount for Contract # $5-~ $ 9,930, Ol Item 7. Less - City's Share of Cost for Completed Contract Item 8. Plus - a. DUE TO WARRANT REDEMPTION FUND Item 9. Amount to Which City Charges are applied 9,9 30.01 Item lO. Plus -Unpaid Balance of City's Share (See Item 24 Below) , Item 11. Less - Liquidated Damages Item 12. Less - Other Costs {Describe) Item 13. Plus _ Overpayment to Contractor by Warrant Item 14. ASSESSMENT WORK IN PROCESS 9,9 30,01 Item 15. Plus - Overpayment to Contractor in Cash Item 16. Plus - 15% City Charge far Engineering ~ ,489.50 P1EI5 - 5% City Charge for Internal Service 496, 50 Plus - !Tarrant Interest Charge $ 1 986,00 a. DUE TO WARRANT REDEMPTION FUND 1 ,986.00 Item 17. Plus - DUE TO SEWER UTILITY for 1/2~ SPECiAt SEWER LE~fY 5,8 7 8.5 5 Item 18. Plus - DUE TO SEWER UTILITY for Lateral Sewer Equivalent of Trunk Sewer System Item 19. Plus - DUE TO WARRANT REDEMPTION FUND for Engineering Charges on City's Share of Costs Item 20. Plus - Other Costs (Describe) Item 21. P1 us - Liquidated Damages Item 22. Less -DUE FROM CONTRACTOR for Overpayment Item 23. INITIAL ASSESSMENT RECEIVABLE - TOTAL INITIAL ASSESSMENTS $ 1.7,79 4.56. per Ordinance Item 24. Ci: 's Share of Cost for Com leted Contract; aunt Contract Ac`ya. Eng'r. Cost TOTAL .. ~ p.W.ENGR.ADM 070 11$4 The City Council has established the method of calculating local improvement assessments in Sections 1.170 through 1.180 of the Eugene Code, 1971; and ~fotice of the proposed estimated assessment to the owners and reputed owners of the hereinafter designated parcels of real property has been heretofore duly and regularly given in compliance with the provisions of Chapter 1 of the Eugene Code, 1911, and a hearings official has heard any and all protests, objections and remonstrances thereto and has fully considered them and reported his ar her findings to the City Council, which has reviewed and considered them. THE CITY OF EUGE~~E DOES ORDAI~i AS FOLLOWS: Section l.~ That the record of the hearing conducted by the hearings officer and the findings of the hearings officer are hereby made a part of the Gauncil's record in these proceedings and the findings prepared by the hearings officer, attached hereto as Exhibit A, are incorporated herein by reference and adapted. Section 2. That the estimated~~cost of sanitary sewer an Bailey Hi1i Road from 950 feet south of West 11th Avenue to 1200 feet south of West 11th Avenue in the City of Eugene, is the sum of $ 11,194.5E , aforesaid, 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 of the City of Eugene, Oregon does hereby determine and assess each lot and part of iat being in Eugene, Lane County, Oregon, to-wit: Ordinance - 2 P. 4~1. EPJGR. ADM 070 1 /$4 Section 4. That the City Council of the City of Fugene does hereby determine that each parcel of land or lot hereinbefore described is specifically benefitted to the extent of the initial assessment hereinbefore set forth, and does hereby declare each and all of said assessments to be liens upon the respective tats, parts of lots ar parcels of land against which said several amounts are assessed, and orders and directs the City Recorder to enter in the docket of City Liens, a statement thereof containing the following: First: A description of each lot, part of lot ar acreage properly liable for such improvement. Second: The name of the owner or reputed owner thereof, or that the name of the owner is unknown. Third; The sum assessed upon said property and the date of entering the same in the said docket of City Liens. (1) That upon completion of the improvement project, the City engineer shall determine the final cost of the improvement. Any special costs ar costs of features of the improvement that benefit a particular parcel of land in a manner peculiar to that parcel together with its share of the overhead for the improvement shall be assessed to the benefitted parcel of land when adjusting the initial assessments. (2} When the final casts of the improvement are less than the total initial assessments and the excess amount to be rebated: (a) Fxceeds the cast of adjusting the assessments by 10% ar $2,000, whichever is greater, the City shall proceed under Section 7.240 of the Fugene Cade, 1971; or (b} ~s less than the limits set in subparagraph (a} of this subsection, na rebate sha11 be made. (3} When the final casts of the improvement are more than the total initial assessments, and the cost of compliance with Section 7.235 of the Fugene Gode, 1971: (a) Lxceeds the usual percentage for overhead added to the increase in the improvement project contract, upon the City Manager's approval unencumbered funds appropriated for similar improvement projects may be used to pay the project excess; or ordinance - 3 P.W.~I~GR.ADM 070 1J84 (b} Equals or is less than the usual percentage far overhead an the increase in the project, a deficit assessment shall be levied under~Sectian 7.235 of the Eugene Gode, 1911. Section ~. That these provisions concern the public welfare because of the necessity to promptly record and ascertain the amount of each assessment and the lien arising therefrom, and the need to promptly notify affected property owners, and therefore, an emergency is hereby declared to exist, and this Ordinance sha11 become effective immediately upon its passage by the Council and approval by the Mayor. Passed by the City Council this Approved by the Mayor this '9th day of Se tember ~ 19 85 9th da lam. R ~~~~.~rY ~ssr. City Recorder Mayor Ordinance - 4 P.W.ENGR,ADM 070 1/84 y I 1 ~ c~ ~ 0 I Z ~ al ?1 I Q i Y~ ~ N ~ . I ~ V N ~ ~ I ~ ~~ I ~ ~ ~ ~ ~ I N ~ ~ m I ~ 6 I ~ ~ ~ N 3 ~ I ~ ~ I ~ ~d N ~ ~ ~ .~ I ty+ ~ c31 I U A N ?~ ( ! ~ N ~! ~ 'C1 ~ N N ~ ~ ~ 0 I I ~ • td U W b ~ I ~ '~ ~ ~ ~ ~ I ~ G ~ ~ ~ H~ ~ ~ z a ~ a ~, ~ ~, I N ~ r-~i t~ ~ ~ ~ ' ~ o~ ~ ~ 00 ' I H b w ~ ~ o ~ ~ ~ ~ °~ "a `~ I w ~ ~ ~ ~ 0~~ ~ ~ I H : . 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