HomeMy WebLinkAboutOrdinance No. 19289ORDINANCE N0. i92$9
AN ORDINANCE LEVYING ASSESSMENTS FOR PAVING
AND STORM SEWER ON 6TH AVENUE FROM 1188 FEET
WEST OF GARFIELD STREET To 6BB FEET WEST OF
GARFIELD STREET IN THE CITY OF EUGENE, LANE
COUNTY, OREGON; AND REPEALING ORDINANCE
N0. 19259 OF THE CITY OF EUGENE.
The City Council of the City of Eugene finds that:
The City Council of the City of Eugene did by Resolution
No. 3545, adopted April 11, 1984, determine to pave and construct
storm sewers on 6th Avenue from 11~~ feet west of Garfield Street
to 6 ~~ fe et west of Garfield Street,
The City Council authorised the execution of a contract for
the const ruction of the local improvements on June 25, 1984.
The estimated cost thereof is ascertained, and the initial
amount to be assessed in accordance with applicable provisions of
the Eugen e Cade, 1971 has been determined to be:
Item 1. Cantract Amount - Contract #54-~7 $41,495.58
including contingency
Item 2, Maintenance Retainage
Item 3, other Costs ~Describe~
Item 4, Deferred Assessments ~Type~
Item 5. Amount of Remaining warrants
Issued to Complete Contract
Item 6. Estimated amount for Cantract 54-~7 $41,495.58
Item 7. Less - City's Share of Cost for
Completed Contract -14,143.84
Item $, Plus -
a, DUE To GENERAL FUND for
Liquidated Damages
Item 9, Amount to which City Charges are Applied 27,351.74
Item 1~, Plus - Unpaid Balance of City's Share
See Item 24 Below 14,143.54
Item ll. Less - Liquidated Damages
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Item 12, Less - Other Costs Describe}
Item 13, Plus - Overpayment to Contractor
by Warrant
Item 14, ASSESSMENT WORK IN PROCESS $41,495.58
Item 15, Plus - Overpayment to Contractor in Cash
Item 16. P1 us -- 15 o C i ter Charge
for Engineering $ 4,12,76
Plus - 5~ City Charge for
Internal Service 1,367.59
Plus - Warrant Interest Charge
a. DUE TO WARRANT REDEMPTION FUND $ 5, 47~, 35
Item 17. Plus - DUE TO SEWER UTILITY far
1/2 cent SPECIAL SEWER LEVY
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 Charges on
City's Share of Costs 2,121.58
Item 2~, Plus -~ Other Costs Describe}
Item 21, Plus - Liquidated Damages
Item 2 2 , Less - DUE FROM CONTRACTOR for Overpayment
Item 23, INITIAL ASSESSMENT RECEIVABLE -~ TOTAL
INITIAL ASSESSMENTS per Ordinance $49,87.51
Item 24, City's Share of Cost for Completed Contract:
Account No, Engr, Contract Cast Total
332--9332-61739-925424 $2,121.58 $14,143,84 $16,265,42
TOTAL: $2,121.58 $14,143.84 $16,265,42
The City Council has established the method of calculating
local improvement assessments in Sections 7.17 through 7,18 of
the Eugene Code, 1971,
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 regularly given in compliance
with the provisions of Chapter 7 of the Eugene Code, 1971, and a
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hearings official has heard any and all protests, objections and
remonstrances thereto and has fully considered them and reported
his or her findings to the City Council which has reviewed and
considered them.
Ordinance No. 19259 entitled "AN ORDINANCE LEVYING ASSESSMENTS
FOR paving and storm sewer on 6th Avenue from 11~~ feet west of
Garfield Street to 6~~ feet west of Garfield Street in the City
of Eugene, Lane County, Oregon" adopted on June 25, 1984 created
an obligation for owners of specially, benefitted properties to
pay a.nterest on any unpa~.d assessment liens prior to the time the
City incurred interest expense for construction of the project.
The City Council finds that such interest expense to the property
owners is unnecessary and therefore will repeal Ordinance Number
19259 and re-enact the same special benefit assessments with a
new effective date. All payments received by the City under
Ordinance No. 19259 shall be applied to the appropriate special
benefit assessments and liens created by this Ordinance.
THE CITY of EUGENE DOES ORDAIN AS FOLLOWS:
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 Council's record in these proceedings
and the f indings prepared by the hearings officer, attached
hereto as Exhibit A, are incorporated herein by reference and
adopted.
Section 2 . Tha t the estimated cos t o f paving and storm
sewer on 6th Avenue from 11~~ feet west of Garfield Street to 6~~
feet west of Garfield Street in the City of Eugene, is the sum of
$49, X87.51,, 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;
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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 lots or parcels of land against which said several
amounts are assessed, and orders and directs the City Recorder
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, or
that the name of the owner is unknown.
Third: The surn assessed upon said property and the date of
entering the same in the said docket of City Liens.
Section 5.
~1} That upon 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 than
the total initial assessments and the excess amount to be rebated:
~a} Exceeds the cost of adjusting the assessments
by loo or $2, ~~~, whichever is greater, the City shall
proceed under Section 7.24 of the Eugene Code, 1971; or
fib} ~s 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 contract, upon
the City Manager's approval unencumbered funds appropriated
for similiar improvement projects may be used to pay
the project excess; or
fib} 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
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Eugene Code, 1971.
Section ~. That Ordinance No. 19259 passed by the Council
and approved by the Mayor on June 25, 1984 is hereby repealed,
and any payments received from the owners of the assessed property
shal l be applied to the appropriate special benefit assessment
created by Section 3 of this Ordinance,
Passed by the City Council this
1Tth day of October, 1954
1~~ ~~~~
~s~. City Recorder
Approved by the Mayor this
17th day of October 1984
Mayor
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