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HomeMy WebLinkAboutOrdinance No. 19510ORDINANCE N0. I g S 1 D AN ORDINANCE LEVYING ASSESSMENTS FOR PAVING, STORM AND SANITARY SEWERS TO SERVE PITCHFORD AVENUE FROM WILLOW CREEK ROAD To 2300 FEET WEST. in the City of Eugene, Lane County,, Oregon. Item 1. Contract Amount Contract # 8b-11 $ 295,973.45 (including contingency) Contract # Item 2. Maintenance Retainage Item 3. Other .Costs Describe) FROM CONTRACT $6-zg 4,724.67 Item ~. Deferred Assessments (Type} ~ Item 5. Amount of Remaining Warrants Issued to Complete Contract . Item 6. Estimated amount far Contract # 86-11 ~ 3b-29 $ 300,6g$.1z Item 7. Less - City's Share of Cast far Completed Contract - 13'6+1.03 .Item 8. Plus a. DUE TO WARRANT REDEMPTION FUND Item 9. Amount to Which City Charges are applied 287,Q57•Q9 13,641.03 Item 10. Plus - Unpaid Balance of City's Share (See Item 2~4 Below} Item 11. Less - Liquidated Damages Item 12. Less - Other Costs (Describe) - 4,724.67 Item 13. P1 us - Overpayment to Contractor by Warrant Item 14. ASSESSMENT WORK IN PROCESS 295,973.45 Item 15. Plus - Overpayment to Contractor in Cash Item 16. Pl~,us - lg% City Charge for Engineering 54,54a•84 Plus - 5% City Charge for Internal Service 14,352.85 P1 us - Warrant Interest Charge 5,941.00 $ 7, 3 9 a. DUE TO WARRANT REDEMPTION FUND 74,834.69 Item 11. Plus - DUE TO SEWER UTILITY for 1/2~ SPECIAL SEWER LEVY 10,15g.z0 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 2,591.80 Charges on City's Share of Casts Item 20. Plus - Other Costs (Describe) SYSTEMS DEVELOPMENT FUND FOR RECOVERY 4,724.67 OF PRIOR YEAR EXPENDITURE DESCRIBED Item 21. Plus - Liquidated Damages IN ITEM 3 ABOVE. Item 22. less - DUE FROM CONTRACTOR for Overpayment Item 23. INITIAL ASSESSMENT RECEIVABLE - TOTAL INITIAL ASSESSMENTS $ $$ z$ .81 per Ordinance Item 24. a Cit 's Share of Cast for cam leted Contract: Account No. ENGR. ['n~ITRA~T r.tlSt Balance 332-~,~32-6.739_- 964524 70 51,233.42 S6.491.6$ ^ ~ $?',725::10 80 S1. ~5$. ~$ 57., ~~~ ~ X8,507.73 TOTAL: 2 1.~0 1 641.0 16 2 z.~3 ORDINANCE - 1 "1 ORDINANCE N0. AN ORDINANCE LEVYING ASSESSMENTS FOR paving and storm and sanitary sewer to serve Pitchford Avenue from Willow Creek Road to 2300 feet west 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 Na, 3980, adopted an the 27th day of May, 1986, order the local improvement consisting of paving and storm and sanitary sewer to serve Pitchford Avenue from Willow Creek Raad to 2300 feet west 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 native and a public hearing thereon before the hearing official, and no remonstrances having been filed, the. City Council authorized the execution of a contract for the construction of the local improvement on the 14th day of July, 1985. 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: Items 1 to 24 from Page 1 of PW ardinance~ The City Council has established the method of calculating local improve- ment assessments in Sections 7.170 and 1.17a of the Eugene Code, 1971. A notice containing the information required by Section 1.185 of the Eugene Cade, 1971 has been 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 mare than ten days prior to the public hearing before the hearing ORDINANCE ~ 2 .~ .~ official. At the time and p1 ace specified therein, a hearings official heard all evidence and argument presented, has fu11y considered the same, and no remonstrances having been filed, has reported his or her adnpted 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, TAE 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 nfficial's findings, including those regarding cnmp1iance with Sections 1.160 to 7.190 of the Eugene Code, 1971, attached as Exhibit A hereto and incnrporated herein by reference are adopted. Section 2. That the estimated cast of the paving, and storm and sanitary sewer to serve Pitchford Avenue frnm Willow Creek Road to 2300 feet west, a local imprnvement in the City of Eugene is the sum of $388,283.81, 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 roll attached as Exhibit B hereto and incorporated herein by reference. Sect,ion,4. That the City Council does hereby determine that each parcel of land or lot hereinabave 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 ORDINANCE - 3 ~ of this ardi~ance. Assessments that remain unpaid after the ten day period are declared to be liens upon the respective lots, parts of lots ar 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 l0l per annum on the unpaid balance, provided no such installment is less than $25.00. The City Recorder is directed to enter in the docket of City Liens a .statement i n connection with each unpaid assessment containing the following: 4.1 A description of each lot, part of lot or acreage liable far such improvement; 4.2 The name of the owner or 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 ~ enteri ng the same i n the Jacket of City Liens. Section 5. ~ 1 ~ Upon completion of the improvement project, the City ~ngi Weer shal 1 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 costs of the improvement are less that the total initial assessments the Council shall ascertain and declare the excess, which ., shat 1 be entered as a credi t upon the apprapri ate assessment on the 1 i en ORDI~IA~lCf - 4 ~~ 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 costs of the improvement are more than the total initial assessments, the Council may declare the deficit by motion and: ~a) Determine that the cost of preparing a proposed deficit assess- ment is not ,justified and authorize the expenditure of City funds to pay the deficit; or (b) Prepare a proposed deficit assessment. Section 6. 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 7.190 of the Eugene Cade, 1911, 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 on 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 ~_~ ay of 6 G'}a~, 198 ity Recorder Approved by the Mayor this a.~~"'~aY G'~ ~~ 198 d/a:ardinanc ORDINANCE - 5 t~,l ~!` '~ ~ ~ `l~I ~' ~ ~; ~ ~" ~ {~ ~ ~ ~ ~ ~ ~ C~ ~ ~ ~ ~ ~ ~ `~ ~ ~ ~ ~} ,~" 1~1 i'fi ~ C~ ~ C~ ~ hW ~ h~ ~ ~3 r^4 ~ rte! ~ Q ~,1 f~l ~ ~ _ I~,- ~ '~ ~ ~ ~, +„~ ~ ~ ~ ~ ~ ~` ~„? w?~ ~ h~~?~ *~' ~~ ~ ~~1 ~t ~ ~ ;,~ ~ ,,~' ~7 ~ C C~ t ~7 ; 'I ~ ~ +~ ~ ~ ~+ ~? ~ ~ '~ Mn' - .~11 .! 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