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HomeMy WebLinkAboutOrdinance No. 19509ORDINANCE N0. I Q SO AN ORDINANCE LEVYING ASSESSMENTS FOR: STORM SEWER - 300 FEET EAST OF GLENWOOD BOULEVARD FROM 22ND AVENUE TO INTERSTATE FIVE (I-5) FREEWAY (PAPE BROS.). in the City of Eugene, Lane County, Oregon. Item 1. Contract Amount Contract # - ~ X3}050,05 including contingency} Contract # Item Z. Maintenance Retainage Item 3. Other Costs ~Describe~ Item 4. Deferred Assessments (Type) Item 5. Amount of Remaining Warrants Tssued to Complete Contract Item 6, Estimated amount for Contract # 86~,~ $ 13,050.05 Item 1. Less - City's Share of Cost for Completed Contract ~- 3,393.05 Item 8. Plus a. DUE TO WARRANT REDEMPTION FUND . ~. Item 9. Amount to Which City Charges are applied 9,657.00 Item 10. Plus - Unpaid Balance of City's Share See Ttem 24 Below 3,393.05 -Item 11. Less -Liquidated Damages Item 12. Less -Other Gosts Describe) Item 13. Plus - Overpayment to Contractor by Warrant Item 14. ASSESSMENT WORk IN PROCESS 13,050.05 Item 15. Plus -Overpayment to Contractor in Cash Item T6. Pl:us - 19% City Charge far Engineering 1,834.83 Plus - 5% City Charge far Internal Service ~ 4$2,$5 Plus - Warrant Interest Charge ~ ~ 2 414.2 a. DUE TO WARRANT REDEMPTION FUND 2,414 25 Item 17. Plus - DUE TO SEWER UTILTTY for 1/~~ SPECTAL SEWER LEVY Item 18. Plus - DUE TO SEWER UTILITY for Lateral Sewer Equivalent of Trunk Sewer System Ttem I9. Plus - DUE TO WARRANT REDEMPTION FUND for Engineering 644,6$ Charges on City's Share of Costs Item 20. Plus -Other Costs Describe) Item 21. Plus - Liquidated Damages Item Z2. ~.ess - DUE FROM CONTRACTOR for Overpayment Item 23. INITI AL ASSESSMENT RECEIVABLE - TOTAL INITIAL ASSESSMENTS $ 16,108.98 per Ordinance Item 24. City' s Share of Cast far completed Contract: Account Na. En r. Contract Cost Total Pre aid UE# Balance 532-9 2-61 - 6448 644.68 ,0 ~ o ORDINANCE - 1 ORDINANCE N0. AN ORDINANCE EEVYING ASSESSMENTS FOR storm sewer - 300 feet east of Glenwood Boulevard from 22nd Avenue to Inter- state Five (I-5} Freeway {Pape Brothers) 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. 3978, adopted an the 27th day of May, 19$5, order the local improvement consisting of storm sewer - 300 feet east of Glenwood Boulevard from 22nd Avenue to Interstate Five (I-5) Freeway (Pape Cat) in the City of Eugene be made and directed the City Engineer to prepare plans and specifications for 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 na remonstrances having been filed, the City Council authorized the execution of a contract far the construction of the 1aca1 improvement on the 14th day of July, 1986. The estimated cost thereof is ascertained, and the initial amount to be assessed in accordance with applicable provisions of the Eugene Cade, 1971 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 7.115 of the Eugene Code, 1911. A notice containing the information required by Section 7.185 of the Eugene Code, 1971 has been posted on a bulletin board at City Ha11 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 ORDINANCE - 2 official, At the time and place 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 adapted 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 Chase regarding compliance with Sections 7.160 to 7.190 of the Eugene Cade, 1911, attached as Exhibit A hereto and incorporated herein by reference are adopted. Section 2. That the estimated cost of the sanitary sewer to serve Goodpasture Island Raad from 750 to 1700 feet earth of Valley River Drive, a local improvement in the City of Eugene is the sum of $16,108.9$, 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 does hereby determine and assess each lot and part of lot being within the described local improvement district as set forth on the assessment tall attached as Exhibit B hereto and incorporated herein by reference, Section ~, That the City Cauaci1 does hereby determine that each parcel of land ar 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 ORD I I~ANC E - 3 _ ~ 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 i n up to twenty equal semi-annual installments, including principal and interest at the rate of 1C/ per annum an the unpaid balance, provided na such installment is less than $2S.oD. The City Recorder is directed to enter in the docket of City Liens a statemept in capnectian with each unpaid assessment captaining the followipg: 4,1 A description of each lot, part of lot ar acreage liable far 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 in the docket of City Liens. Section 5. {1~ Upon completion of the improvement project, the City engineer shall determipe 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 far the improvement shall be assessed to the benefitted parcel of land when adjusting the initial assessments. (2) Whep the final costs of the improvement are less that the total initial assessments the Council shall ascertain and declare the excess, which y shall be entered as a credit upon the appropriate assessment an the lien ORDI{~ANCE - 4 _,____---....._.....~..~~.m_._.~_~.._~.~~~.~_.__.~._.._....,.~.. ~ti..~...~_.~.~~ ~.,_._ ._....~_~.__.~...,.~.~.~._.. ._.._,._._W.........w._.~..~~m._....m.....,n,ti.~~..._.,~,..~..,...,..m...~~._e.. ~ tl ~ ~ ~ ~ ` ~ ~ • ~ f ~ ~ I ~ docket, If an assessment has been paid, the excess shall be repaid to the ' owner of the parcel at the time the excess is declared. (3} When the final casts of the improvement are mare than the total i ni ti a] assessments, the Counci 1 may declare the deficit by motion and: (a} Determine that the cost of preparing a proposed deficit assess- ment is nat justified and authorize the expenditure of City funds to pay the deficit; or (b) Prepare a proposed deficit assessment. Section fi. 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 regui red by Secti an 7.190 of the Eugene Cade, 191I, and enclose therewith an application for paying the assess- ment in installments according to the terms set forth in Section 4 of this ordinance. Section 1, This Ordinance shall be effective an the day upon which the first partial payment is made to the contractor performing the contract identified in Item 1 of the findings. Passed by the City Council this Approved by the Mayor this ~"~ ay of '~G 4~~f 198_ p~~ day f G'{' ~( 19857 ity Recorder d/a:ardinanc ORDINANCE - S ~: ~ .. ,~ ~ ~ ;~ ~ ~' ~ .. ~I ?,~ ~1 `~ '. ~ r,l +-~ ~ ~" M! .wa ~ ~? ` ~" ~ ~ ~ ~ ~ ~ . 'a,, ~ ` }^~ ~ ~ ~ ~ ~. ~ ~ ~ . C~ ~ (,~ +~ ! _ ~* ~! #~, `+~~ ~ 1,x.4 ~+ ~ ~ ~ ~ ~ ~- ~ la.! ~ ~~" ~ ; t~ 'Q ~ ~' r C~ ~ ~ !N ~ ~ e ~ ~ ~ ( ~ . ~ ~ ~ ~ ~ ~ ~ let' (~` ~,! ra+l ~.R +~ ;~ (s"! 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