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HomeMy WebLinkAboutOrdinance No. 19501ORDINANCE NO.~ 1951 AN ORDINANCE IEVYiNO ASSESSMENTS FOR PAVING AND STORM SEWER ON COUNTRY CLUB ROAD FROM WILLAGIL~.ESP1E ROAD NORTh~ TO SAND AVENUE JOB #2254}. in the City of Eugene, Lane County, Oregon, Item 1. Cantract Amount Contract # 86-16 $ 58,861.54 {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 far Cantract # ~ $58,861.54 Item 1. less -City's Share of Cast far Completed Contract - 1O,o4g.6g Item 8. Plus a. DUE TO WARRANT REDEMPTION FUND ... Item 9. Amount to Which City Charges are applied 48,811.85 item 10. P1 us - Unpaid Balance of City's Share {See Item 24 Below) 1o,o4g,6g Item 11. less -liquidated Damages Item 12. less -Other Gasts {Describe) Item 13. P1 us -Overpayment to Contractor by Warrant item 14. ASSESSMENT WORK IN PROCESS 58,861.54 Item 15. Plus - Overpayment to Contractor in Cash Item 16. P1 us - 19% City Charge far Engineering 9,24.25 Plus - 5% City Charge for Internal Service ~ 2,440.59 P1 us -Warrant Interest Charge 1,473.9a $ 13,1 .7 a. DUE TO WARRANT REDEMPTION FUND X3,188 74 Item 17. P1 us - 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 us - DUE TO WARRANT REDEMPTION FUND for Engineering 1,909.44 Charges an City's Share of Casts Item ~a. Plus -Other Casts tDescribe} Item 21. P]us -Liquidated Damages Item Z2. less - DUE FROM CONTRACTOR for Overpayment Item 23. INITIAL ASSESSMENT RECEIVABLE - TOTAL INITIAL ASSESSMENTS $ 7~.~~~.72 per Ordinance Item 24. Cit ' s Share of Cost fnr com leted Cantract; Accoont No. En r. Contract Cost Total Pre aid dE# Balance ~~~-~ F - TOTAL: 1,909.44 lO.O4~. 9 11~ ~ q.13 ., „ ORDINANCE - 1 ORDINANCE N0. AN ORDINANCE LEVYING ASSESSMENTS FOR paving and storm sewer on Country Club Road from Wi1lagillespie Road north to Sand Avenue in the City of Eugene, Lane County, Oregon. The City Council of the City of Eugene finds that: After considering the report, the City Council did by Resolution No. 3987, adopted.on the 26th day of June, 1986, order the local improvement consisting of construction of paving and storm sewer in the vicinity of Country Club Road from Willagillespie Raad north to Sand Avenue in the City of Eugene be made and directed the City Engineer to prepare plans and specifications far the local improvement and to call for bids on the construction contract. _ After due notice and a public hearing thereon before the hearing official, and no remonstrances having been filed, the City Caunci l authori red the execution of a contract for the construction of the local improvement on the 21st day of July, 1986. The estimated cast thereof i s ascertained, and the initial amount to be assessed in accordance with applicable provisions of the Eugene Code, 1911 has been determined to be: (Items 1 to 24 from Page 1 of PW ordinance) The City Council has established the method of calculating local improve- ment assessments in Sections 7.110 and 7'.175 of the Eugene Code, 1911. A notice containing the information required by Section 7.185 of the Eugene Code, 1911 has been pasted an 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 public hearing before the hearing official , At the time and place specified therein, a heari ngs official heard ORDINANCE - 2 ,. all evidence and argument presented, has fully considered the same, and na remonstrances having been filed, has reported his ar 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 of f i ci al's findings and summary of the hearing, and based thereon, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: 5,.~%on 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 7.1fi0 to 7.190 of the Eugene Code, 1911, attached as Exhibit A hereto and incorporated herein by reference are adopted. Section Z. That the estimated cost of paving and storm sewer on Gauntry Club Road from Willagillespie Road north to Sand Avenue, a local improvement in the City of Eugene i s the sum of $73, 959.1, which i s by this ordinance assessed against the parcels of property hereinafter described in the amounts set opposite, respectively. Section 3. That 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 B hereto and incorporated herein by reference. Section 4. That the City Council does hereby determine that each parcel of land or lot hereinabove described is specially benefitted to the extent of the initial 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 date of adoption of this ordinance, Assessments that remain unpaid after the ten ORDINANCE - 3 day peri ad 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 equal semi-annual installments, including principal and interest at the rate of 109 per annum on the unpaid balance, provided no such installment is less than $25.D4. The City Recorder is directed to enter in the docket of Gity liens a statement in connection with each unpaid assessment containing the fallowing: 4.I A description of each lot, part of lot or acreage liable for such improvement; 4.2 The name of the owner ar 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 i n the docket of City Liens. Section 5. ~1} Upan completion of the improvement project, the City engineer shall determine the final cost of the improvement. any special casts or casts of features of the improvement that benefit aparticular-parcel of land in a manner peculiar to that parcel, together with its share of the overhead far the improvement shall be assessed to the benefitted parcel of ]and when adjusting the initial assessments. ~2} When the final casts of the improvement are less that the total initial assessments the Council shall ascertain and declare the excess, which shall be entered as a credit Upan the appropriate assessment on the lien docket. If an assessment has been paid, the excess shall be repaid to the owner of the parcel at the time the excess i s declared. ORDII~ANC~ - 4 {3) When the final costs of the improvement are more than the total initial assessments, the Caunci1 may declare the deficit by motion and; (a) Determine that the cost of preparing a proposed deficit assess- ment is not justified and authorise the expenditure of City funds to pay the deficit; or (b) Prepare a proposed deficit assessment. Section f. 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 1.190 of the Eugene Code, 1971, and enclose therewith an application for paying the assess- ment i n installments according to the terms set forth i n Section 4 of th i s ordinance. 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 I of the findings. Passed by the City Council this Ada of ,s ~ 19 f f~ ity Recorder Approved by the Mayor this ~~ day of 198 ~' Mayor d/a;ordinanc ORDINANCE - 5 f ~ ~~d ': `: ~. 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