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HomeMy WebLinkAboutOrdinance No. 19516i. ORDINANCE NO. ~ AN,OROINANCE LEVYING ASSESSMENTS FOR SANITARY SEWER - KNOOP LANE FRUM MAYFAIR TD RIVER ROAD AND RIVER R4AQ fROM PARK AVENUE TD TFiOMASON STREET. in the City of Eugene, Lane County, Oregon. Item I. Contract Amount Contract ~ 86-1o S 328,192.72 including contingency) Cantratt ~ item 2. Maintenance Retainage ~ . Item 3. dther Costs tDescribe} Item 4. Deferred Assessments (Type} (6) $949.54 Item. 5. Amount of Remaining Warrants issued to Camplete~Contract Item 6. Estimated amount for Contract ~ 5.32$,792.72 Item T. Less -City's Share of Cost for Completed Contract Item 8. Plus a. DUE TO WARRANT REDEMPTION FUND ~~' m Ite 9, Amount to Which Cit Char es area lied y g PP r 328'792'72 Item 10. Plus • Unpaid Balance of City's Share See Item 24 Below} ~~ Item II. less - liquidated Damages Item I~. less - Other Costs (Describe) Item 13. Plus - Overpayment to Contractor by Warrant Item 14. ASSESS MENT WDRK IN PROCESS ~ 32$,792.72 Item I5. Plus - Overpayment to Contractor in Cash Item 16. Plus - 1990 City Charge for Engineering 62,47~.6~ Plus - 5% City Charge for Internal Service X6,439.63 Plus - Warrant Interest Charge 12,954._00 ~ 2 ~ S g 1 ,, S b 4 a.. DUE TD WARRANT REDEMPTION FUND ,,, , , , , 91,86+.24 Item 17. Plus - DUE TO SEWER UTILITY far 2.5~ SPECIAL SEWER LEVY ~+D,299.55 Item I8. Plus - DUE TO SEWER UTILITY far Lateral Sewer Equivalent of Trunk Sewer System Item 19. Plus - DUE TO WARRANT REDEMPTION FUND far Engineering . Charges an City's Share of Costs item 20. Plus • Other Casts Describe) Item 2i: Plus - Liquidated Damages Item ZZ. less - DUE FROM CONTRACTOR for Overpayment Item 23. INITIAL ASSESSMENT RECEIVABLE - TOTAL.INITIAL ASSESSMENTS S 460,956.5. per Ordinance . Item ~4, Cit 's Share of Cost far com feted Contract: Account No. En r. Contract Cost Total Pre aid JE# Balance ORDINANCE • . 1 . ORDINANCE N0. AN ORDINANCE LEVYING ASSESSMENTS FOR Sanitary sewer - Knoap Lane from Mayfair to River Raad and River Raad from Park Avenue to Thomason Street, 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. 3978, adapted on the 27th day of May, 1986, order the local improvement consisting of sanitary sewer - knoap Lane from Mayfair to River Raad and River Raad from Park Avenue to Thomason Street in the City of Eugene be made and directed the City Engineer to prepare plans and specifications for the local improvement and to ca11 for bids an 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 local improvement an 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 ardinance~ The City Council has established the method of calculating 1oca1 improve- ment assessments in Sections 7.170 and 7.175 of the Eugene Cade, 1971. A notice containing the information required by Section 1.185 of the Eugene Cade, 1911 has been pasted 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 mere than ten days prior to the public hearing before the hearing ORDINANCE - 2 . , ~, ~ ~ + ,~ official. At the time and place specified therein a hearings aff~c~al heard all evidence and argument presented, has full considered Y the same, and no remonstrances having been f i 1 ed, has reported his or ~ . her adapted f~nd~ngs t0 the City Council. The Council has reviewed and considered the assess ment report of the City Engineer and Finance Officer and the herrin s offic' ' 9 1al 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 b . y the hearings off~c~al are hereby made a part of the Council's record i n these roceedi n s p g , and the hearings official's findings, including those regardin com Hance ' g p with Sections 7.160 to 7.190 of the Eugene Code, 1911, attached as Exhibit A hereto and incorporated herein by reference are adopted. Section 2. That the estimated cast of the sanitary sewer - Knoo L p one from Mayfair to River Road and River Road from Park Avenue to Tho mason Street, a local improvement in the City of Eugene is the sum of $4bo,956,51 which is by this ordinance assessed against the parcels of ro ert her ' p p Y einafter de scribed in the amounts set opposite, res ectivel p y. Section 3. That the City Council doss hereby determine and rise ss each 1 at and part of 1 of being within the described 1 oval i m rove ' p ment distrTCt as set forth on the assessment roll attached as Exhibit B hereto and i ncorporatsd herein by reference. Section 4. That the City Council does hereby determine that e ach parcel of land or lot hereinabove described is specially benefitted to the extent of the initial assessment set forth. The Finance Officer shat 1 give native of the assessments to the owners of the assessed parcels .advising them the ass essment may be paid in full, without interest, within ten da s of the Y Bats of adoption ORDINANCE - 3 . + . ~ t of this ordinance. Assessments that remain unpaid after the ten day period are declared to be liens upon the respective lots, parts of lots ar parce]s 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 10%8 per annum an the unpaid balance, provided no such installment is less than $25.04. The City Recorder is directed to enter in the docket of City Liens a statement in connection with each unpaid assessment containing the following: . 4.1 A description of each lot, part of tat or acreage liable for such improvement; 4.2 The name of the owner or reputed owner thereof, that the name of the owner is unknown; and ~.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 determine the final cost of the improvement. any special costs ar casts 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) 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 upon the appropriate assessment on the lien ORDINANCE - 4 .~ ,. ~. ., Jacket, 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. ~3) When the final casts of the improvement are more than the total initial assessments, the Council may declare the deficit by oration 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; ar (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 required by Section 1.190 of the Eugene Code, 1971, and enclose therewith an application far paying the assess- ment in installments according to the terms set forth in Section ~ of this 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 1 of the findings. Passed by the City Council this d y of tlU ~ ~~ 198 ity Recorder ti Approved by the Mayor this ~~d y:•o 0 f 198 J/a:ordinanc ORDINANCE - 5 Final Assessment Roll not attached; it is on file and available by written request to the Eugene City Recorder's Off ce.