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HomeMy WebLinkAboutOrdinance No. 19266i ORDINANCE NO. ~~~ AN ORDINANCE LEVYING ASSESSMENTS FoR sanitary sewers to serve tie area between Centennial Boulevard and 200 feet south of 8ardell Street from 3000 feet west of Lindley lane to Lindley lane . in the City of Eugene, lane County, Oregon. RECITALS : ~~ , adopted The Cit Council of the City of Eugene did by Resolution No. ~ y ~L ,, deterr~ine to ~QnStrLIC~ Sani tart' Se~lerS t0 SerVe the area between ~enten~lla~ $OU~evard 19~ , and 200 feet south of Barden Street from 3000 feet west of Lindley Lane to Lindley tape The City Council authorized tine execution of a contract for the construction of the local imprt~v ements on ,fix 23 ,. ~, i 9~,,,; The estimated cost thereof is ascertained, and the initial mount to be assessed in accordance with a pplicable provisions of the Eugene Code, 1971 has been determined to be: Item 1. Contract Amount Contract ~ ~~, ~ 34$,586.32 (including contingency} Contract ' Item 2. Maintenance Retainage Item 3. Other Costs (Describe) . Item 4. Deferred Assessments (Type) (1 }2,813.59 Item 5. Amount of Remaining Warrants Issued to Complete Contract Item 6. Estimated ar~ount for Cantraet ~~~,,;~ ~ 348,586,32 Item 7. Less -City's Share of Cost far Completed Contract - 5,513.4$ Item I3. Plus - a. DUE TD GENERAL. FUNIa for liquidated Damages Item 9. Amount to Which City Charges are applied 343,012 , 84 item 10. Plus - Unpaid Balance of City's Share (See Item 24 Below) 5,513.4$ Item 11. Less -liquidated Damages Item 12. less - Other Costs (Describe} Item 13. P1 us -Overpayment to Contractor by '~darrant .Item 1#. ASSESSMENT WORK IN PROCESS 348,5$6, 32 item 15. Plus - Overpayment to Contractor in Cash Item lb. Plus - 15~ City Charge far Engineering 5,460.93 Plus - S~ CitY Charge for Internal Service 17 153.65 ' Plus - Tarrant Interest Charge 3 68,614.58 a . DUE TO IdARRANT REDEMPTION FUND 6 $, 614.58 Item 17. Plus - DUE TO SEWER UTILITY for llZ~ SPECIAL S~1ER II:VY $,983.21 Item 1$. Plus - DUE TD SEWER UTILITY for lateral Sewer Equivalent of Trunk Sewer System Item 19. Plus - DUE TO WARRANT REDEMPTION FUND for Engineering $2 7.0 2 Charges on City's Share of Costs Item 20. P1 us - Oti7er Costs (Describe ) Item 21. Plus -liquidated Damages Item 22. Less - DUE FROM CONTRACTOR for Overpayment Item 23. Ii~iITIAL ASSESSMENT RECEIVA$i.E -TOTAL INITIAL A55ES5MElVTS ~-.4"'27,011. ~~ ~ .-- per Ordinance Item Z4. City's Share of Cost far Completed Contract: Account CantrdCt No. Engr. Cost r DOTAL 532-9332-61739-942055 827.02 5,51.3.48 6 344.50 T Ordinance • 1 P.W.E~VGR.AOM 070 1184 rgZr~ The City Council has established the method of calculating local improvement assessments in Sections 1,110 through 1.180 of the Eugene Code, 191]; and Notice of the proposed estimated assessment to the owners and reputed owners of the hereinafter designated parcels of real property has been heretofore duly and regular]y given in camp1iance with the provisions of Chapter 1 of the Eugene Code, ]911, and a hearings official has heard any and all protests, objections and remonstrances thereto and has fu11y considered 1 them and reported his or her findings to the City Council, which has reviewed and considered them. TAE CITY OF EDGEP~E DOES 0!~DAI~! AS EO~.LOWS: Section 1. That the record of the hearing conducted by the hearings officer and the findings of the hearings officer are hereby made a part of the Caunci1`s record in these proceedings and the findings prepared by the hearings officer, attached hereto as Exhibit A, are incorporated herein by reference and adopted. Section 2. That the estimated~~cost of Sanitary. sewers to serve the area between Centennial Boulevard and 200 feet south of Wardell Street from 3000 feet west of Li nd1 ey Lane to Li nd1 ey Lane in the City of Eugene, is the sum of $ 427 X011.13 , aforesaid, 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 of the City of Eugene, Oregon does hereby determine and assess each lot and part of lot being in Eugene, Lane County, Oregon, to^wit: Ordinance - ~ P.4~~.Ef~GR.ADM 070 1/84 (4z~ Section 4. That the City Council of the City of Eugene does hereby ~` determine that each parcel of land or lot hereinbefore described is specifically benefitted to the extent of the initial assessment hereinbefore set forth, and does hereby declare each and all of said assessments to be liens upon the respective lots, parts of fats or parcels of land against which said several amounts are assessed, and orders and directs the City Pecorder to enter in the docket of City Liens, a statement thereof containing the following: First: A description of each lot, part of lot or acreage properly liable for such improvement. Second: The name of the owner or reputed owner thereof, ar that the name of the owner is unknown. Third: The sum assessed upon said property and the date of entering the same in the said docket of City Liens. ' {1} That upon completion of the improvement project, the City Engineer shall 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 than the total initial assessments and the excess amount to be rebated: {a) Exceeds the cast of adjusting the assessments by 10% or $2,000, whichever is greater, the City shall proceed under Section 7.240 of the Eugene Code, 1971; or (b) is less than the limits set in subparagraph (a} of . . this subsection, no rebate shall be made. (3) When the final costs of the improvement are more than the total initial assessments, and the cost of compliance with Section 7.235 of the Eugene Code, 1971: {a) Exceeds the usual percentage for overhead added to the increase in the improvement project contract, upon the City Manager's approval unencumbered funds appropriated far similar improvement projects may be used to-pay the project excess; ar Ordinance - 3 P.W.EI~GR.ADM 070 1/84 I qz(~ (b~ Equals or is less than the usual percentage for overhead on the increase in the project, a deficit assessment shall be levied under Section 7.235 of the Eugene Code, 1971. Section 6. That these provisions concern the public welfare because of the necessity to promptly record and ascertain the amount of each assessment and the lien arising therefrom, and the need to promptly notify affected property owners, and therefore, an emergency is hereby declared to exist, and this Ordinance shall become effective immediately upon its passage by the Council and approval by the Mayor. Passed by the City Council this Approved by the Mayor this day of , 19 a of 19~. ~~1 -... ~.~ /~ss~. City Recorder Mayor N Ordinance ~- 4 P.W.ENGR.ADM O7O 1J84 ~ E V~ H ~1 ~ H ~"'{ ~ ~ a ro ~ . ~ n ~ ~ a c"a ~ C ro ~ o a ~ ~ ~~m ~ a T N a ~ ~ r F ~ a cr o a ,~ ~ ~ ~ 0 ~ H 0 W p f"+ f ~ . H ~ N ~ 1 ~ 'd 0 ~ ~ w w N ~ o p ~ ~ ~ v w h ~ ~ ~ ° w~ m m ~r ~ ~ ~ N N• ~ ~ ~ I-h i s '~ v~ uwi a o ~ v' ~ ~ ~ o ~ ~o ~ ~ H ~ ~ ~x~ ~D Es• ~ o ~ ww b z ~ ~ w h~"7 r'7 ~ ~""1 ~i ~ "~ ~ ~ ~ o ~ n a w ro r+ ~ ~ N ~ ~ ro v ~ ~ , N 1 t~ ~ w rr 0 r r N b I ~ f f ~ y ~ ~ M U n' I ~ o,o ~ a p rt ~ ~ N Q r ~ W ~ ~ W wh #-+ Q r !•h ~ ~ ~ ~ ~ ~ a ~ ~ 0 ~ ~ ro a ~ ~ ~' 0 r~+ 1 rt w v' rt ~ ~ n ~ f° `~ ~"~ ~ ro r N H ~ ~ p r~n (p. [~ ~ 0 ~ Y' N ~ c~ n w h o n~ ~ w ~ m ~ ~ N ~ ~ ~ y rt rt ~ ~ a O r e Q,~~ ~ H ~ °° w ~ '~ r~ o ~ ~ a C ~ t dam ~ w 0 N w ' rr ~ ~ ~ ~ N rt~ ~ o ~ rfi a a H ~ ~ ~' ~ ~ N. N R ~ ~ ~ ~ .. ~ rt ~ ro ~ ~' ~ ~ o ~ a N ~ m cn ~ n ~ µ H ~ ~~ ~ o ~ ~ ~ 7 f ~ ca .~ H ~ ~ ~ n C I ~ ~ ~ ~ a "' ~ ~ ~~ ~ ~ Q ~ uo n ~ n ~ r~ a~ o n o ~ a~ ~ n ~ ~ ~ ~ ~ ~ ~ w ~ ~ w ~ ~ w ~ ° ~' 0 ~ ~ ~ H ~ ~ i ~~ ~ ~ ~, r 0 ~ ~ro ~ ~ ~ ~ 0 o ~ ~a t a i Final Assessment Roll not attached; it is on file and available by written request to the Eugene City. Recorder's Office.