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HomeMy WebLinkAboutOrdinance No. 19367ORDINANCE ND. 193b7 AJV ORDNANCE LEVYING ASSESSMENTS FOR sanitary sewer an Ferry Street from 1$th Avenue to 150 feet north of 18th Avenue in the City of Eugene, Lane County, Oregon. RECITALS: The City Council of the City of Eugene did by Resolution No. 3940 , adopted August 12, l9 85, determ•Ene to construct sanitary sewer on Ferry Street from 18th Avenue to 150 feet north 18th Avenue The ~~ity Council authorized the execution of a contract for the construction of the local improvements an November 25 , 19 85 ; _ The estimated cost thereof is ascertained, and the initial amount to be assessed in accordance with applicable provisions of the Eugene Code, 1971 has been determined to be: Item 1. Contract Amount Contract # • $5-30 $ 10, 744.87 (including contingency) Contract # Item 2. Maintenance Retainage Item 3. Other Costs (Describe) Item 4. Deferred Assessments (Type} Item 5. Amount of Remaining Warrants Issued to Complete Contract „_.. Item b. Estimated amount for Contract # $5-30 ~ ~ 10,744.87 Item 7. Less - City's Share of Cost for Completed Contract Item B. Plus a. DUE TO WARRA.JT REDEMPTION FUND Item 9. Amount to Which City Charges are applied 10,744.87 Item 10. Plus - Unpaid Balance of City's Share (See Item 24 Below) Iter~ 11. Lei s - Liquidated 'Damages • Item l~. Le~•s - Other Costs (Describe) Item 13. Plus ~ Overpayment to Contractor by Warrant Item 14. ASSESSMENT WORK IN PROCESS 10, 744' 87 Item 15. Plus - Overpayment to Contractor in Cash Item 16. Plus - 159 City Charge for Engineering 1 ,511.73 P1 us - 5°d Ci t.v Charge for Internal Service 5 37 , 24 P1«s - '~Jarrant Interest Charge • . ~__2~_14$. 9 7 . _ a. DUE TO WARRANT REDEMPTION FUND 2,148.97 Item ll. Plus - DUE TO SEWER UTILITY for 1/2~ SPECIAL SEWER LEVY Item 18. Plus -DUE TO SEWER UTILITY for Lateral Sewer Equivalent of Trunk Sewer System Item 19. P1+as - DUE TO WARRANT REDEMPTION FUND for Engineering Charges on City's Share of Casts Item 2O. Plus -Other Costs (Describe} Item 21. P1+as - Liquidated Damages Item 22. Lets - DUE FROM CONTRACTOR for Overpayment Item ~3. INITIAL ASSESSMENT RECEIVABLE - TOTAL INITIAL ASSESSMENTS ~--- per Ordinance . Item 24. Ci; 's Share of Cast for Com feted Contract: Account Contract Eng'r. Cost TOTAL IJo. n,w~;~^Mnry _ T i P.W.ENGR.ADM 070 1/84 The City Council has established the method of calculating local improvement assessments in Sections 1.170 through 7.180 of the Eugene Code, 1971; and Notice 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 7 of the Eugene Code, 1971, and a hearings official has heard any and all protests, objections and remonstrances thereto and has fully considered them and reported his or her findings to the City Council, which has reviewed and considered them. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. 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 Council'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 on Ferry Street from 18th Avenue to 150 feet north of 18th Avenue in the City of Eugene, is the sum of $ l2,_893.84 _ 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 tat and part of lot being in Eugene, Lane County, Oregon, to-wit: Ordinance - 2 P.~11.ENGR.ADM 070 1/84 Section 4. That the City Council of the City of Eugene 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 lots, parts of lots or 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 lo.t or acreage properly liable for such improvement. Second; The name of the owner or reputed owner thereof, ox 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 or costs of features of the improvements 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) timen the final costs of the improvement are less than the total initial assessments and the excess amount to be rebated: (a.) Exceeds the cost of adjusting the assessments by 10% or $2,000, whichever is greater, the City shall proceed under Section 7.240 of the Eugene Code, 1971; or (b) Xs less than the limit set in subparagraph {a) of this subsection, no rebate shall be made. {3) amen the final costs of the improvement are more than the total initial assessments, and the cost of compliance with Section 7.235 of the Eugene Code, 171: (a} Exceeds the usual percentage for overhead added to the increase i.n the improvement project contract, upon the City Manager's approval unencumbered funds appropriated far similar improvement projects may be used to pay.the project excess; or (b} Equals or is less than the usual. percentage for overhead on the increased in the project, a deficit assessment sha11 be levied under Section 7.235 of the Eugene Code, 1971. Section 6. Upon enactment of this ordinance, the City Finance officer may send notice of the assessments to the owners of the assessed property and receive applications under the Bancroft Bonding Act an the assessments herein levied. Section 7. This Ordinance shall be effective on the day upon which the first partial payment is made to the contractor performing the contract identified in Item 1 of the Recitals. Passed by the City Council this ~~ day of ~~ ~~.,rri ~ 19 ~~ ~~~.City Recorder Approved by the Mayor this ~~ day of IC~~/~m~i~ , 19c~~. w.... . Mayor ~ I r ~ro I ~ ° -.~ U ~ ~ ~ ~ro I a I . a ~~ N ~ u I I ~ H ~ ~ I 0 ~ ~ ~ ~ I ~ ~ ~ I ~ a~ a ~ *~ I N ~ I 0 W o I ~ ~ ~ `~ ~ u I ~ I N o ~ a- ~ ~ .ti I PG ~' ~ . 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