Loading...
HomeMy WebLinkAboutOrdinance No. 19292aRDINANCE Na. 192g~ AN ORDINANCE LEVYING ASSESSMENTS FOR PAVING SANITARY SEWER, STDRM SEWER AND SIDEWALKS aN DANEBa AVENUE. FROM ROYAL AVENUE TO 11TH AVENUE IN THE CITY OF EUGENE, LANE COUNTY, OREGON; AND REPEALING ORDINANCE Na. 19255 aF THE CITY aF EUGENE. The City Council of the City of Eugene finds that: The City Council of the City of Eugene did by Resolution No. 384, adapted March 14, 1984, determine to pave and construct sani tary sewer, and storm sewer and sidewalks on Danebo Avenue from Roya l Avenue to 11th Avenue. The City Council authorized the execution of a contract for the const ruction of the local improvements on Tune ll, 1984. The estimated cost thereof is ascertained, and the initial amou nt to be assessed in accordance with applicable provisions of the Eugen e Code, 1971 has been determined to be; Item 1. Contract Amount - Contract #84-~3 $95G,577.26 including contingency} Item 2. From Contracts 83-17 & 66-24 22,1~~.~~ Item 3. Other Costs Describe} E.W.E.B. 12,~~~.~~ Item 4. Deferred Assessments Type} Item 5. Amount of Remaining Warrants Issued to Complete Contract item G. Estimated amount for Contract 84-~3 $99~,677.2~ Item 7 . Less - City' s Share of Cost for Completed Contract -~ 253, X99.11 Item S. Plus - a. DUE TO GENERAL FUND for Liquidated Damages Item 9. Amount to which City Charges are Applied 737,578.15 Item l~, Plus - Unpaid Balance of City's Share See Item 24 Below} 253,99.11 Item ll. Less - Liquidated Damages 1 - Ordinance ~R2g~ Item 12. Less - Other Costs Describe} See above} - 34,1~~. ~~ Item 13. Plus - overpayment to Contractor by Warrant Item 14. ASSESSMENT WORK IN PROCESS 956,577.26 Item 15. Plus - overpayment to Contractor in Cash Item 16. Plus - 15~ City Charge for Engineering $11,636.72 Plus - 5e City Charge for Internal Service 36,878.92 Plus - warrant Interest Charge $147515.64 a. DUE To WARRANT REDEMPTION FUND $147,515.64 Item 17. Plus - DUE TO SEWER UTILITY for 1/2 cent SPECIAL SEWER LEVY 8,814.86 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 37,964.86 Item 2~. Plus - other Costs Describe} ~E.W.E.B. Item #3} 12,~~~.~~ Item 21. Plus - Recovery of Prior Year Expenditures Item #2} 22,1~~.~~ Item 22. Less - DUE FROM CONTRACTOR for Overpayment Item 23. INITIAL ASSESSMENT RECEIVABLE - TOTAL INITIAL ASSESSMENTS per Ordinance $1,184,972.62 Item 24. City's Share of Cost for Completed Contract: Account No. Engr. Contract Cost Total Intersectlan $ 5,458.7 $ 36,387.16 $ 41,845.23 331.9332-61739-9~56~4 32,56.79 216,711.95 249,218.74 ~~~. ~:.~ ~ ~ . TOTAL: $37,964.86 253,99.11 291.63.97 The City Council has established the method of calculating local improvement assessments in Sections 7.17 through 7.18 of the Eugene Code, 1971. 2 - ordinance Igzg~ Native 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. 19255 entitled "AN ORDINANCE LEVYING ASSESSMENTS FOR paving, sanitary sewer, storm sewer and sidewalk on Da nebo Avenue from Royal Avenue to 11th Avenue in the City of Eugene, Lane County, Oregon" adapted on June 11, 1984 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 19255 and re-enact the same special benefit assessments with a new effective date. All payments received by the City under Ordinance No. 19255 shall be applied to the appropriate special benefit assessments and liens created by this Ordinance. THE CITY 4F 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 findings prepared by the hearings officer, attached hereto as Exhibit A, are incorporated herein by reference and adopted . Section 2. That the estimated cast of paving and storm sewer on Danebo Avenue from Royal Avenue to 11th Avenue in the City of Eugene, is the sum of $1,184,972,62, 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 Counci 1 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: 3 - Ordinance .. ~,. ~n the failo~ring list of beAeF~,ttcd propmmrtieo, the ~afar~ation ~s included ~~. #~~~oyra ~~~ im~rove~nt Typt Beneitt Amawt esaesaaent Account a. owrner'a Haas 6 Mailfn ' Address . AeFessar "a !is i Tax Lat tea. Le ai nescri Lion of Befitted ~. ~ . Pr.~ °~~ _ xtse regal description refers to fafaraatioa inn the deed records of Lane County, Oregon. Tha legal descriptiaa will~be~ a lot in a recorded a~bdivisian, ar a deed recorded by bank and gage" ar by reel sad ina~rUment r~wber, in the Lane County nerd lterords. ten necessary, a melee sad bounds description is gravided in Yxhibit A to defi.~ tha beaefit~ad property. X hereby certi th r, bet f knw]~,edge, this ueessaeat it correct is ail ruspe~cts. Signed ,City ~giaeer Date Ma 11 198 w f w w w r, A ~ Nr M ~ w w w ^r r r w w w w • w r r ~ • w' • • w w w w ~ w w r F r w~ • r r r w w r M w w w wr w r w w w w +M M r w ~ r r r w .. w r i LIST o~ AVTHDB~hD Cis ~ xsvxsxor~s ~o xa~ oAI&I~ Ass~ssr~T . A paved ~ Assam. Ha. dri final Aaaunt Revised Ae-ount A wa far kevirion 1 %az %? 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 Jacket 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 sum 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 cast 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 cast of adjusting the assessments by lea or $2,~~~, whichever is greater, the City shall proceed under Section 7.24 of the Eugene Code, 19?1; 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 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 ar 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 4 ~- 4rd i nonce -9zq~ Eugene Code, 1971. Section 6, That Ordinance No. 19255 passed by the Council and approved by the Mayor on June 11, 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 ~~~. City Recorder approved by the Mayvr this 17t of October, 1984 Mayor 5 -~ ordinance Final Assessment, Roll not attached; it is on file and available by written request to the Eugene City. Recorder's Office.