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HomeMy WebLinkAboutOrdinance No. 19521ORDINANCE N0. ~ S AN ORDINANCE LEVYING ASSESSMENTS FOR PAVING OF ROYAL AVENUE FROM 600 FEET WEST OF CANDLELIGHT DRIVE TO TERRY STREET. in the C ity of Eugene, Lane County, Oregon. Item 1. Contract Amount Contract # 86-07 ~ 14,228.37 (including contingency) Contract # Item 2. Maintenance Retainage Item 3. Other Casts (Oescribe) Item 4. Deferred Assessments (Type)(3} $3,399.19 Item 5. Amount of Remaining Warrants Issued to Complete Contract Item 6. Estimated amount for Contract # 86-07 $. 184,228.37 Item 7, less - City's Share of Cast for Completed Contract - 101,486.86 Item S, P1 us a. DUE TO WARRANT REDEMPTION FUND 82,741.51 Item g. Amount to Which City Charges are applied 101,486.86 Item 10, Plus - Unpaid Balance of Gity's Share (See Item ~4 Below) Item 11, Less - Liquidated Damages . Item 12. Less - Other Costs (Describe) Item 13. Plus - Overpayment to Contractor by Warrant . Item 14, ASSESSMENT WORK IN PROCESS 184,228.37 Item 15. Plus - Overpayment to Contractor in Cash Item 16. Pius - 19% City Charge far Engineering 15,720.89 Plus - 5% City Charge far Internal Service 4,137.08 Plus -Warrant Interest Charge _~,sb3.].4 ~ ~` 1 ' ~ 2 ~`' ~" a. DUE TO WARRANT REDEMPTION FUND ' ' " ' ' ' ' ' 21, 721.11 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 Trun~C Sewer System Item 19. Plus - DUE TO WARRANT REDEMPTION FUND for Engineering 19,282.50 Charges an City's Share of Costs Item 20. Plus - Other Casts Describe) Item ~1. P1 us - Liquidated Damages Item 22. Less -DUE FROM CONTRACTOR far Overpayment Item 23. INITIAL ASSESSMENT RECEIVABLE - TOTAL INITIAL ASSESSMENTS $ 225 231.98 per Ordinance Item 24. Cit 's Share of Cost for com leted Contract; Account No. En r. Contract Cost Total Pre aid JE# Balance 332-9332-61739-964144 17,778.06 93 568.80 111 346.86 Intersection 858.52 4 518,53 5 377.05 Intersection 645.92 3 399.53 4 045.45 Total. 1 ~ 101,486.86 120,769.36 ORDINANCE - 1 ORDINANCE N0. AN ORDINANCE LEVYING ASSESSMENTS FOR Paving of Royal Avenue from 600 feet west of Candlelight Drive to Terry 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 No. 3974, adapted an the 12th day of May, 1986, order the local improvement consisting of paving of Royal Avenue from 60O feet west of Candlelight Drive to Terry Street 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 an 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 far the construction of the local improvement an the 25th day of June, 1986. The estimated cast thereof i s ascertained, and the i n i ti al 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 7.170 and 7.175 of the Eugene Code, 1971. A notice containing the information required by Section 7.185 of the Eugene Code, 1971 has been posted on a bul 1 eti n board at City Na11 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 place specified therein, a hearings official heard all evidence and argument presented, has_fu1ly 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, TAE CITY OF EUGENE DOES ORDAIN AS FOL~.OWS: 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 those regarding compliance with Sections 1.150 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 paving of Royal Avenue from 60O .feet west of Candlelight Drive to Terry~Street, a local improvement in the Cit Y of Eugene i s the sum of $~25, 231.98, which i s by this ordinance assessed . against the parcels of property hereinafter described in the amounts set apposite, 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 an 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 native 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 adaptian ORQINA~lCE - 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 in up to twenty equal semi-annual installments, including principal and interest at the rate of 10% per annum an the unpaid balance, pravi ded no such ~ nstal 1 ment i s less than $25, 00. The City Retarder i s directed to enter i n 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 lot ar 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 entering the same in the docket of City Liens. Section 5. {I} l~pon completion of the improvement project, the City Cngineer shall determine the final cast of the improvement, any special casts or costs of features of the improvement that benefi t a particu1 ar parcel of 1 and in a manner peculiar to that parcel, together with its share of the overhead for the improvement sha11 be assessed to the benefi.tted 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 credi t upon the appropriate assessment on the lien ORnINANCE - 4 .+ ' 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. (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 6. Upon enactment of this ordinance, the city finance Officer shall send notice of the assessments by first c1 ass to the owners of the assessed parcels containing the information required by Section 7.90 of the Eugene Code, 1871, and enc1 ose therewith an appl i cati an for paying the assess- ment in installments according to the terms set forth in Section 4 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 Ztem 1 of the findings. Passed by the City Council this Approved by the Mayor this y of J~~~ 198 ~ day f _, 198 i . ity Recor r d/a:ordinanc ORD I I~AI~C E ~ S Final Assessment Roll not .attached;' it is on file and available by written request to the Eugene City Recorder's . Office.