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HomeMy WebLinkAboutOrdinance No. 20195 ORDINANCE NO. 20195 AN ORDINANCE LEVYING ASSESSMENTS FOR PAVING, CURBS, GUTTERS, SIDEWALKS, STREET LIGHTS, STREET TREES, WASTEWATER AND DRAINAGE SYSTEMS ON TERRY STREET FROM ROYAL AVENUE TO MORELY LOOP; AND DECLARING AN EMERGENCY. (CONTRACT 98-27)(JOB #3599) The City Council of the City of Eugene finds that: On the 2nd day of March, 1998 the City Council, by motion duly passed, initiated the proposed local improvements consisting of paving, curbs, gutters, sidewalks, street lights, street trees, wastewater and drainage systems on Terry Street from Royal Avenue to Morely Loop. After due notice and a public hearing on September 28, 1998, before the hearing official, and no remonstrances having been filed, on the 12th day of October, 1998, 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 $1,171,876.63, and the amounts to be assessed to and borne by the specially benefitted property and to be borne by the City or others have been determined in accordance with applicable provisions of the Eugene Code, 1971 and as set forth in Exhibit A attached hereto and incorporated herein by reference. The City Council has established the method of calculating local improvement assessments in E.C. 7.170 and 7.175. A notice containing the information required by E.C. 7.185 was posted 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 scheduled public hearing before the hearing official. At the time and place specified therein, two property owners appeared personally and one Ordinance - 1 property owner submitted written testimony. No other persons having appeared personally or in writing, nor any remonstrances having been filed, the hearings official considered the testimony and evidence and has reported his 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, and based thereon, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1 . The hearings officials summary is hereby made a part of the Council's record = in these proceedings, and the hearings official's findings, including those regarding compliance with E.C. 7.160 to 7.190, attached hereto as Exhibit B and incorporated herein by reference, are hereby adopted. Section 2 . The actual cost of the local improvement consisting of paving, curbs, gutters, sidewalks, street lights, street trees, wastewater, and storm drainage systems on Terry Street from Royal Avenue to Morely Loop is $1,171,876.63, of which $255,903.32 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 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 herein above described is specially benefitted to the extent of the 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 effective date of this ordinance. Assessments that remain unpaid after the ten day period are declared to be liens upon Ordinance - 2 the respective lots, parts of lots or parcels of land against which said several amounts are assessed, and may be paid, with interest on the unpaid principal amount commencing ten days after the effective date of this ordinance: 4.1 In up to twenty semi-annual installments, including principal and interest at the rate set by the City Manager as provided in E.C. 2.022 through 2.024. 4.2 If the property owner so elects, in 120 monthly installments, including principal and interest at the rate set by the City Manager as provided in E.C. 2.022 through 2.024 plus a service charge determined by the City Manager as provided in E.C. 2.020. Section 5 . The City Recorder is directed to enter in the docket of City Liens a statement in connection with each unpaid assessment containing the following: 5.1 A description of each lot, part of lot or acreage specially benefitted by the local improvement; 5.2 The name of the owner or reputed owner thereof, or that the name of the owner is unknown; and 5.3 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 6 . Upon enactment of this ordinance, the City Finance Officer shall send notice of the assessments by first class mail to the owners of the assessed parcels containing the information required by E.C. 7.190 and enclose therewith an application for paying the assessment in installments according to the terms set forth in Section 4 of this ordinance. Section 7 . Any assessment remaining unpaid and for which no application for installment payments has been received may be foreclosed as provided by law. The proceeds from the Ordinance - 3 payment or foreclosure of assessments levied by this ordinance shall be deposited to the city funds which advanced the cost of construction, engineering and related expenses or which are used to retire any indebtedness incurred by the City for this improvement. Section 8 . That the matters contained herein affect the public welfare and safety and therefore, an emergency is hereby declared to exist, and this ordinance shall become effective immediately upon its passage by the City Council and approval by the Mayor, retention by the Mayor for more than ten days, or re-adoption over a mayoral veto by two-thirds of all members of the Council. Passed by the City Council this Approved by the Mayor this 24th day of April, 2000 24th day of April, 2000 /s/ Warren G. Wong /s/ James D. Torrey City Recorder Mayor Ordinance - 4