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HomeMy WebLinkAboutOrdinance No. 19520~,~ ORDLNANCE N0. AN ORDINANCE LEVYING ASSESSMENTS FOR: PAVING AND 5T0RM SEWERS IN EUGENE PARK P~.ACE in the City of Eugene, Lane County, Oregon. Item I. Contract Amount Contract # 85-24 S 96,540.43 including contingency) Contract # Item 2. Maintenance Retainage Item 3. Other Casts (Describe) FROM CONTRACT $4-117 2,030.1$ item 4. Deferred Assessments Type) ,Item 5. Amount of Remaining Warrants Issued to Complete Contract Item fi. Estimated amount far Contract # 85-24 $.98,570.61 Item 1. Less - City's Share of Cast for Completed Contract - 3,63748 Item 8. Pius a. DUE TO WARRANT REDEMPTION FUND ~~~ Item 9. Amount to Which City Charges are applied 94,933'13 Item 10. P1 us -Unpaid Balance of City's Share See Item 24 Below} ~ 3,637'48 Item I1. Less - Liquidated Damages Item I2. Less -Other Casts 4Describe) ~ - 2,030.18 Item 13. Pius -Overpayment to Contractor by Warrant Item 14. ASSESSMENT WORK IN PROCESS ~ 96,540.43 Item lfi. Plus -Overpayment to Contractor in Cash Item 16. Plus - 15l City Charge far Engineering 14,239:97 P1 us - 5/ City Charge for Internal Serviee 4,746.b5 Plus -Warrant Interest Charge $ 8„x,,86 b2 a-. DUE TD WARRANT REDEMPTION FUND 18,986 62 Item 11. Plus - OUE TO SEWER UTILITY for 2,5~ SPECIAL SEWER LEVY 3,137.50 Item 18. Plus - DUE TO SEWER UTILITY far Lateral Sewer Equivalent of Trunk Sewer System Item 19. Plus -DUE TO WARRANT REDEMPTION FUND for Engineering 545.b2 Charges an City's Share of Casts Item Z0. Pius -Other Casts (Describe) 2,030,18 Item ~1. P1us - Liquidated Damages Item 22. Less - DUE FROM CONTRACTOR for Overpayment Item 23. INITI AL ASSESSMENT RECEIVABLE - TOTAL INITIAL ASSESSMENTS ~ ,35 per O ., rdinance Item 24. City' s Share 0f Cost for completed Contract: Account N4. En r. Contract Cost Total Pre aid JE# Balance INTERSECTION 4 .62 6 .~+$ 4 18 10 ORDINANCE - 1 ORDINANCE N0. AN ORDINANCE LEVYING ASSESSMENTS FOR Paving and storm sewers i n Eugene Park P1 ace i n the ~Ci ty 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. 3849, adopted on the 18th day of April, 1985, order the local improvement consisting of paving and storm sewers i n Eugene Park P1 ace i n the City of Eugene be made and directed the City Engineer to prepare plans and speci f i ca- tions 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 no remonstrances having been filed, the City Council authorized the execution of a contract for the construction of the local improvement on the lath day of September, 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 ordinance} The City Council has established the method of calculating local improve- ment assessments in Sections 7.17o and 7.175 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 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 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 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 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 Counci 1's record i n these proceedings, and the hearings official's findings, including those regarding compliance with Sections 7,150 to 7.190 of the Eugene Code, 1971, attached as Exhibit A hereto and incorporated herein by reference are adopted. Section 2, That the estimated cost of the paving and storm sewers in Eugene Park Place, a local improvement in the City of Eugene is the sum of $121,240.35, 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 lacai 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 day period are ORDINANCE - 3 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 Io% per annum on the unpaid balance, provided no such installment is less than $~S.oO. The City Recorder is directed to enter in the docket of Gity Liens a statement in connection with each unpaid assessment containing the following: ~.1 A description of each lot, part of lot ar 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 4.3 The sum assessed upon said property, the amo€~nt and date from which interest accrues, and the date of entering the same in the docket of City Liens. Section 5. ~1} l~pon 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 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 steal 1 be entered as a credit upon the appropriate assessment an the 1 i en 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. ORDINANCE - ~ _....___.~_~~~_~.~__e.W__.__.,.W.~_..u~~..~..~.~.._..__. _~_.~~w.~._a~.~~.,__.~.~e~~e~ee~~.~~.... ~. __ (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; ar (b) Prepare a proposed deficit assessment. Section fi, Upon enactment of this ordinance, the city Finance Officer shall send native of the assessments by first class to the owners of the assessed parcels containing the information required by Section 1.190 of the Fugene 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 day of ~OU'~1~~~' , 198 City Recur er Approved by the Mayor this a OIJ~ 198 r d/a:ordinanc QRDINA~ICE - 5 ~, ~ ~ ~ ,, Final Assessment Roll not attached; it is on file and available by written request to the. Eugene City Recorder's Office.