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HomeMy WebLinkAboutOrdinance No. 19291ORDINANCE NO. 1991 AN ORDINANCE LEVYING ASSESSMENTS FOR SANITARY SEWERS TO SERVE THE AREA BETWEEN CENTENNIAL BOULEVARD AND 2H~ FSET SOUTH OF BVARDELL STREET FROM 3ABB FEET WEST OF LINDLEY LANE TO LINDLEY LANE IN THE CITY OF EUGENE, LANE COUNTY, OREGON; AND REPEALING ORDINANCE N0. 19266 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. 21~~, adapted April 18, 1954, determine to construct sanitary sewers to serve the area between Centennial B oulevard and 2~~ feet south of Bardell Street from 3~~~ feeet west of Lindley Lane to Lindley Lane. The City Council authorized the execution of a contract for the construction of the local improvements on July 23, 1984, 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: Item 1. Contract Amount - Contract #84-17 $348,586.32 including contingency} 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 Ttem 6. Estimated amount for Contract 84-17 Item 7. Less - City's Share of Cost for Completed Contract Item 8 . Plus a. DUE TG GENERAL FUND for Liquidated Damages Item 9. Amount to which City Charges are Applied Item 1~. Plus - Unpaid Balance of City's Share $348,586.32 - 5,513,48 348,586.32 1 ~- and i nance See Item 24 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 Item 15. Plus - Overpayment to Contractor in Cash Item 16. Plus - 15o City Charge for Engineering $ 51,46.93 Plus - 5a City Charge for Internal Service 17,153.65 Plus -~'~arrant Interest Charge $ 6$,614.58 5,513,4$ 348,5$6.32 a. DUE TO WARRANT REDEMPTION FUND $ 68,614.5$ Item 17. Plus -~ DUE TO SEWER UTILITY for 1/2 cent SPECIAL SEWER LEVY 8,983.21 Item 18. Plus - DUE TO SEWER UTILITY for Lateral Sewer Equivalent of Trunk Sewer System Item 19. Plus - DUE TO WARRANT REDEMPTION FUND for Engineering Charges on City's Share of Costs 827,2 Item 2~. Plus - Other Costs Describe} Item 21. Plus - Liquidated Damages Item 22. Less - DUE FROM CONTRACTOR far Overpayment Item 23. INITIAL ASSESSMENT RECEIVABLE - TOTAL INITIAL ASSESSMENTS per Ordinance $427,11.13 Item 24. City's Share of Cast for Completed Contract: Account Na. Engr. Contract Cast Total 532-9332-61739-94255 $827.2 $5,513.4$ $ 6,34~.50~ TOTAL: $$27.2 $5,513.48 $ 6,34~.5~ The City Council has established the method of calculating local improvement assessments in Sections 7.17 through 7.1$~ of the Eugene Cade, 1971. 2 -~ Ordinance N 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 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. 19266 entitled "AN ORDINANCE LEVYING ASSESSMENTS FOR snaitary sewers to serve the area between Centennial Boulevard and 2~~ feet south of Barden Street from 3~~~ feet west of Lindley Lane to Lindley Lane in the City of Eugene, Lane County, Oregon" adopted on July 23, 1954 created an obligation for owners of specially benefitted properties to pay interest on any unpaid 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 19266 and re-enact the same special benefit assessments with a new effective date. All payments received by the City under Ordinance No. 19266 shall be applied to the appropriate special benefit assessments and liens created by this Ordinance. THE CITY of EIIGENE DOES oRDAIN AS FoLL4WS: Section 1. That the record of hearings officer and the findings hereby made a part of the Council's and the findings prepared by the hereto as Exhibit A, are incorparat adopted. the hearing conducted by the of the hearings officer are record in these proceedings hearings officer , attached ed herein by reference and Section 2. That the estimated cost of sanitary sewers to serve the area between Centennial Boulevard and 2~~ feet south of Barden Street f rom 3~~~ feet west of Lind 1 ey Lane to L i nd ley Lane in the City of Eugene, is the sum of $427, X11.13, aforesaid, which is by this ordinance assessed against the parcels of property hereinafter described in the amounts set opposite, respectively. Section 3. That the Oregon does hereby determine being in Eugene, Lane County 3 - Ordinance City Council of the City of Eugene, and assess each lot and part of lot Oregon, to-wit: N ~. pn the falioviag liar of beaefl,ttmd prapert~ea, the i~fat~atf.oa is fs-clad~d ~~ iolla~rs; ~ . is ravement T e Benefit Amoant ~:ea~e~t ~lcc~t. N°~. Owner's Name 4 t~ili Addy to Asaeasar'a tia 6 Taac Lot xo. ;~. ; Le al Descri tioa a B neii to ~~ ~ .r•M ~:, Pro err Q ~he~legal description vill be a lat in a retarded 1'he~legal de.~c:iptiaa refers to information is the deed records of Lane Caut~ty, regon. subdivision, a: a decd recorded by book sad page, or by reel and instrument numbers in the Lane County Deed seconds. then necessary, a . metes and bcc~ads deacriptioa is provided !,n exhibit A to define the benefitxud property, I hereby cc-c: y that to he~bes~ of my kaawledge, this eaaeasment is correct in all respects. . ,• , , Si ned ~~"~ . .•~ ,City €agiaeer Date . S w r•• r r w r r r w r r r r r r r• w r r .r r r w r r r w r w r r r M,"A r +. w r• r w .. .. w r r w r r r~ • r r r• w w. r r .r r w w r .r • r r ~,~s~r aF At~hQRrZgD C~AxCES axa ~vistox5 xa ~~ aRtCir~L ASS~ssr~ AApd~ D~ a Assess. Na. Ozisinal Amount devised Aawunt Ressoa far Revision Section 4. That the City Council of the City of Eugene does hereby determine that each parcel of land ar lot hereinbefore described is specifically benefitted to the extent of the initial assessment hereinbefare 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 far such improvement. Second: The name of the owner or reputed owner thereof, or 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 Jacket of City Liens. Section 5. ~ 1 } That upan 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} Is less than the limits set in subparagraph ~a} of this subsection, no rebate shall be made. ~3} When the f final costs of the improvement are more than the total initial assessments, and the cost of compliance with Section 7.235 of the Eugene Cade, 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 -~ ~1 4 - Ordinance ~ Eugene Code, 1971. Section 6. That Ordinance No. 19266 passed by the Council and approved by the Mayor on July 23, 1984 is hereby repealed, and any payments received from the owners of the assessed property shall be applied to the appropriate special benefit assessment created by Section 3 of this Ordinance. Passed by the City Council this 17th day of October, 1984 ~C._GC1LfL-~C_. O~-ry~LC,L_ ~~s~. City Recorder 5 - Ordinance Apgro~ed by the Mayor this 17th day of Octob , 1984 Mayor ..~1 c~ 1 Final Assessment Roll not attached; it is on file and available by written request to the Eugene City Recorder's Office.