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HomeMy WebLinkAboutOrdinance No. 19548., , 4 1 ORDINANCE N0. AN OROINANCE LEVYING ASSESSMENTS FOR paving and storm sewers construction of a11ey located midway between Garfield Street and Arthur Street on 12th Avenue extending north for 190 feet, and a11ey located mid4vay between 11th Avenue and 12th Avenue on Arthur Street emending east for 190 feet. (Job X2302) ~n the City of Eugene, Lane County, Oregon. k Item I. Contract Amount Contract # 87-28 S 18,126.75 including contingency} Contract # Item 2. Maintenance Retainage Item 3. Other Casts Describe} Item 4. Deferred Assessments (Type} Item 5. Amount of Remaining Warrants Issued to Complete Contract -Item 6. Estimated amount for Contract # 87-28 ~ 18,126.75 Item 7. Less - City's Share of Cost for Completed Contract - 1,346.52 Item 8. Plus a, DUE To WARRANT REDEMPTION FUND Item 9. Amount to Which City Charges are applied 16,780.23 Item 10. Plus - Unpaid Bal-once of City's Share See Item Z4 Selaw} 1,346.52 Item II. Less - Liquidated Damages Item I2. less - Other Casts (Describe} Item I3. Plus - Overpayment to Contractor by Warrant Item I4. ASSESSMENT WORK IN PROCESS 18,126.75 Item 15. Plus - Overpayment to Contractor in Cash Item 16. Plus - I9! City Charge .for Engineering - 3,188,24 Plus - 5% City Charge for Internal-Service 839.02 Plus - Warrant Interest Charge 562.04 ~ 4 589.26 a . DUE TO WARRANT REDEMPTION FUND 4,589.26 Item I7. Plus - DUE TO SEWER UTILITY for I/2~ SPECIAL SEWER LEVY Item I8. Plus - DUE TO SEWER UTILITY for Lateral Sewer Equivalent. of Trunk Sewer System Item 19. Plus - DUE TO WARRANT REDEMPTION FUND for Engineering 255.84 Charges an City's Share of Casts Item 20. Plus - Other Costs Describe) Item 21. Plus - Liquidated Damages Item 22. Less - DUE FRAM CONTRACTOR for Overpayment Item 23. INITIAL ASSESSMENT RECEIVABLE - TOTAL INITIAL ASSESSMENTS ~ 22,971.85 per Ordinance Item 24. Cit 's Share of Cost far~com feted Contract: Account ~Jo. En r. Contract Cost Total Pre aid JET Balance 5.8 1,346.52 $1,602.35 TOTAL: 255.84 1 346.52 1 6 2. ORDINANCE • I ORDINANCE N0. ~ G S~ ~ AN ORDINANCE LEVYING ASSESSMENTS FOR paving and storm sewers construction of alley located midway between Garfield Street and Arthur Street on 12th Avenue extending north far 190 feet, and alley located midway between 11th Avenue and lath Avenue an Arthur Street extending east for 190 feet in the City of Eugene, Lane County, Oregon. The City Council of the City of Eugene finds that; On the 6th day of August, 1987, as authorized in the Eugene Cade 7".1608} the City Engineer initiated the proposed local improvement consisting of paving and storm sewers construction of alley located midway between Garfield Street and Arthur Street on 12th Avenue extending north for 190 feet, and alley located midway between 11th Avenue and 12th Avenue on Arthur Street extending 190 feet. 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 on the 16th day of September, 19$7'. The actual cast thereof is ascertained, and the initial amount to be assessed in accordance with applicable provisions of the Eugene Code, 197'1 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 1.15 of the Eugene Code, 1971. A notice containing the information required by Section 7.185 of the ORDINANCE - 2 ~~ i t Eugene Code, 1971 has been posted on a bul l eti n board at City Nall 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 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 FO~.LOWS: 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 1.160 to 7.190 of the Eugene Cade, 1971, attached as Exhibit A hereto and incorporated herein by reference are adopted. Section 2. That the actual cost of paving and storm sewers construction of alley located midway between Garfield Street and Arthur Street an 12th Avenue extending north for 190 feet, and alley located midway between 11th Avenue and 12th Avenue on Arthur Street extending east far 190 feet, a local improvement in the City of Eugene is the sum of $22,911.85 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 an the assessment roll attached as Exhibit B hereto and incorporated herein by reference. ORDINANCE - 3 Section 4. That the City Council does hereby determine that each parcel of 1 and or lot herei nabave described i s sped al 1 y benef i tted 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 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 set by the City Manager as provided in Section 2.022 thru 2.024 of the Eugene Cade. 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 lot or acreage liable for 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 i n the docket of City Liens. Section 5. Upon enactment of this ordinance, the City Finance Officer shall send nati ce of the assessments by first class to the owners of the assessed parcels containing the information required by Section 7.190 of the Eugene Code, 1911, and enclose therewith an application for paying the assessment in installments according to the terms set forth in Section 4 of this ordinance. ORQINA~CE - 4 Passed by the City Council this d of ~' 198 Y ty Record Approved by the Mayor this day of V i 198 r ~ ~ 1 f ~~ 1 r ORDINA(VC~ - 5 FINDINGS AND RECOMMENDATIONS PAVING AND STORM SEWERS CONSTRUCTION OF ALLEY LOCATED MIDWAY BETWEEN GARFIELD STREET AND ARTHUR STREET ON 12TH AVENUE EXTENDING NORTH FOR 190 FEET, AND ALLEY LOCATED MIDWAY BETWEEN 11TH AVENUE AND 12TH AVENUE ON ARTHUR STREET EXTENDING EAST FOR 190 FEET (CONTRACT #87-283 BACKGROUND This project was initiated by a petition from a majority of pro- perty owners adjacent to the alleys named above, The properties petitioning for the improvements will bear 99~ of the improvement costs. Based on the petitions, the City Engineer intiated the project on August 6, 1987, as provided for in the Eugene Code 7.160(83. Property owners were notified of the pending award hearing 10 days prior to the hearing, The project was authorized for construction by the City Council on September 16, 1987. The low bid was submitted by H & J Construction, Co. for an amount of $20,660,00. Increased costs due to unexpected site conditions affected the cost of the project. PROJECT The project includes 14 foot paving, and incidental storm sewers. ASSESSMENT Under City of Eugene assessment policy, mast of the cost is assessed to the abutting property owners. The costs to be assessed are shown below: 14 foot paving $ 1.80 factored front foot 14 foot paving $0.015 factored square foot Cost listed below are the Engineer's estimate and preliminary costs quoted to property owners at the initial hearing following bid opening. 14 foot paving $ 1.66 factored front foot 14 foot paving $0,015 factored square foot RECOMMENDATION A hearing regarding these assessments was scheduled for 7,00 P.M. on March 29, 1988 in the City Council Chambers. No one appeared in connection with this project. 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