HomeMy WebLinkAboutItem 5: Ordinance Levying Assessments for Chad Drive
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Action: Approval of Minutes, Findings and Recommendations from the Hearings
Official and Adoption of an Ordinance Levying Assessments for Paving, and
Constructing Curbs, Gutters, Sidewalks, Medians, Traffic Signal, Street Lights, Street
Trees, Stormwater Drainage Facilities, Stormwater Water Quality Bioswales, Wastewater
Facilities, and Related Improvements, on Chad Drive and Old Coburg Road from the
East End of Chad Drive to North Game Farm Road; and Providing an Immediate
Effective Date (Contract 2009-27)(Job #3923)
Meeting Date: February 22, 2010 Agenda Item Number: 5
Department: Public Works-Engineering Staff Contact: Jenifer Willer
www.eugene-or.gov Contact Telephone Number: 541- 682-5364
ISSUE STATEMENT
The City Council is being asked to approve the Hearings Official’s Minutes, Findings and
Recommendations dated February 5, 2010, and adopt an ordinance levying assessments for paving and
constructing curbs, gutters, sidewalks, medians, traffic signals, street lights, street trees, stormwater
drainage facilities, stormwater water quality bioswales, wastewater facilities, and related improvements
on Chad Drive and Old Coburg Road from the east end of Chad Drive to North Game Farm Road.
This item has an immediate effective date. An immediate effective date requires a two-thirds majority
or six affirmative votes from the council to enact. Ordinances without an immediate effective date do
not take effect for 30 days. Without an immediate effective date, an additional 30 days of interest
expense will accrue.
BACKGROUND
The City Council formed the Local Improvement District (LID) for this project on June 8, 2009.
Construction of the project has been completed, final actual costs have been tabulated, and final
assessment costs have been calculated. The property owners were notified of the proposed assessments
and the pending assessment hearing ten (10) days prior to the hearing as required by Eugene Code.
The final assessment hearing held on February 3, 2010, was to review the final project cost, consider
comments on the proposed assessments, and to provide evidence to be included in the ordinance levying
the assessments by the City Council. The Minutes, Findings and Recommendations are attached. The
Hearings Official recommends the assessment be levied as calculated.
This project was initiated by council action on February 26, 2001, by adoption of the 2002 Capital
Improvement Plan and pursuant to Section 7.160(5) of the Eugene Code (EC), 1971. The preparation of
plans and specifications and call of bids for construction of the local improvements are based on council
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action on April 11, 2005, pursuant to Section 7.160(5) of the Eugene Code, 1971. The streets were
classified as major collectors in November, 1999. The assessment code was modified in 2000, to
provide a reduction in assessable costs for roadways of higher classification.
Bids were opened on May 19, 2009, with Babb Construction Co. dba Delta Const. Co. and dba Delta
Concrete as the low bidder. The property owners were notified of the public hearing regarding
formation of the proposed LID and a hearing was held on May 27, 2009. Minutes, Findings and
Recommendations from the Hearings Official were forwarded to the Eugene City Council in advance of
their June 8, 2009, formation of the LID.
Additionally, on June 22, 2009, the Eugene City Council approved a plan to reduce the assessable costs
on three local improvement districts that were formed in 2009. (Crest Neighborhood Street
Improvement Project, the Chad Drive Extension Project and the Elmira Road/Maple Street
Improvements were the LIDs that benefitted from lower construction bids and budgeted funds that could
be applied to street improvements.) Chad Drive Extension (Old Coburg Rd) assessable costs were
reduced by approximately $63,658 which resulted in a front-foot reduction of $18.54 per front-foot. At
that same meeting the Eugene City Council authorized modifications to the interim financing rate and
the finance period. Property owners who choose City Financing will be able to finance their
assessments for 10 or 15 years.
Costs were distributed per Eugene Code 7.175, and outlined in the council-adopted Hearings Official
findings and recommendations, and resolution forming the LID.
Below are the final assessable unit costs:
Paving 10-foot (per front-foot) $98.08
Paving 7-foot (per front-foot) $63.09
Sidewalk and drive aprons (per square-foot) $5.67
Wastewater (per square-foot) $0.36
Wastewater service (per each) $2,924.61
Total Final Assessable Cost $ 572,261.80
Total Final City Cost: $ 1,932,928.96
Total Final Project Cost $ 2,505,190.76
These final assessment and project costs reflect a minor reduction from the letters sent out providing
notice to the property owners of the assessment due to a reimbursement from EWEB for water valve
adjustments.
The non-assessable City share for this project will be funded primarily from Transportation SDC’s,
Stormwater SDC’s and STP-U funding from the Federal Highway Administration. The Transportation
SDC portion is $1,715,330.78 and the Stormwater SDC portion is $203,882.17. The STP-U funding
from the Federal Highway Administration will reimburse the City funds up to $695,000 of eligible costs.
The non-assessable costs that the City pays for include the additional width of paving, intersections,
medians, bike lanes, street lights, traffic signal, street trees, and non-assessable storm drainage system
costs.
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Based on the low bid received, the costs listed below were the estimated assessment costs plus
contingency calculated at the time of the formation of the LID.
Paving 10-foot (per front-foot) $116.11
Paving 7-foot (per front-foot) $81.28
Sidewalk and drive aprons (per square-foot) $6.17
Wastewater (per square-foot) $0.41
Wastewater service (per each) $3,317.45
Total Estimated Assessable Cost $ 635,963.37
Total Estimated City Cost: w/o Low Income Subsidy: $ 1,830,375.50
Total Estimated Project Cost $ 2,466,338.87
The total project costs increased from the estimated total project costs due to additional road base
needed for the project and additional administrative costs associated with the federal funding.
Low Income Subsidy
Of the 13 properties in the LID, two owners qualify for a subsidy under the low- to moderate-income
subsidy program. This City-funded subsidy program is available to property owners who occupy a
single-family dwelling or duplex and meet other program criteria. The total cost for the low-income
subsidies is $13,716.01
RELATED CITY POLICIES
The assessment costs were distributed as outlined in the council-adopted Hearings Official’s Findings
and Recommendations and Resolution forming the LID.
COUNCIL OPTIONS
Special assessment provisions adopted as part of the LID resolution cannot be modified during the final
assessment process if they result in increased costs to the property owners. The final assessment hearing
was to review the calculations to assure conformance with the requirements stated in the LID resolution
and the Eugene Code.
Per Section 7.187, the City Council can take the following actions:
1.Approve the Minutes, Findings and Recommendations of the Hearings Official of February 5,
2010, and adopt the ordinance levying assessments.
2.If after the review of the proposed assessment, the City Council determines that the assessments
should be modified, staff would be directed to publish a new notice and a public hearing must be
conducted. New findings would then be prepared for City Council adoption.
CITY MANAGER’S RECOMMENDATION
The City Manager recommends approval of the Minutes, Findings and Recommendations of the
Hearings Official and adoption of the ordinance levying assessments.
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SUGGESTED MOTION
1.Move to approve the Minutes, Findings and Recommendations of the Hearings Official of February
5, 2010.
2.Move to adopt an ordinance levying assessments for paving and constructing curbs, gutters,
sidewalks, medians, traffic signals, street lights, street trees, stormwater drainage facilities,
sotrmwater water quality bioswales, wastewater facilities, and related improvements, on Chad Drive
and Old Coburg Road from the east end of Chad drive to North Game Farm Road; and providing an
immediate effective date.
ATTACHMENTS
A. Ordinance – including Hearings Official’s Minutes, Findings and Recommendations
FOR MORE INFORMATION
Staff Contact: Jenifer Willer
Telephone: 541-682-5364
Staff E-Mail: Jenifer.m.willer@ci.eugene.or.us
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ATTACHMENT A
ORDINANCE NO. ________
AN ORDINANCE LEVYING ASSESSMENTS FOR PAVING AND
CONSTRUCTING CURBS, GUTTERS, SIDEWALKS, MEDIANS,
TRAFFIC SIGNAL, STREET LIGHTS, STREET TREES, STORMWATER
DRAINAGE FACILITIES, STORMWATER WATER QUALITY
BIOSWALES, WASTEWATER FACILITIES, AND RELATED
IMPROVMENTS, ON CHAD DRIVE AND OLD COBURG ROAD FROM
THE EAST END OF CHAD DRIVE TO NORTH GAME FARM ROAD;
AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
(CONTRACT 2009-27) (JOB #3923)
The City Council of the City of Eugene finds that:
A.
This project was initiated by Council action on February 26, 2001, by adoption of
the 2002 Capital Improvement Plan and pursuant to Section 7.160(5) of the Eugene Code, 1971
(EC). The preparation of plans and specifications and call of bids for construction of the local
improvements are based on Council Action on April 11, 2005, pursuant to EC 7.160(5). The local
improvements consist of paving and constructing curbs, gutters, sidewalks, medians, traffic
signal, street lights, street trees, stormwater drainage facilities, stormwater water quality
bioswales, wastewater facilities, and related improvements, on Chad Drive and Old Coburg Road
from the east end of Chad Drive to North Game Farm Road.
B.
After due notice and a public hearing before the hearings official on May 27,
2009, the City Council formed the Local Improvement District and, on June 8, 2009, authorized
construction of the local improvement.
C.
The actual cost of the local improvement is ascertained to be $2,505,190.76, and
the amounts to be assessed to, and borne by, the specially benefited property, and the amounts to
be borne by the City or others, have been determined in accordance with applicable provisions of
the Eugene Code and as set forth in the attached Exhibit A, which is incorporated herein by
reference.
D.
The City Council has established the method of calculating local improvement
assessments in EC 7.170 and 7.175.
E.
On February 3, 2010, a public hearing on the ordinance, as required by Section
28(2) of the Eugene Charter of 2002, was held before the hearings official as authorized by EC
2.007(4) and 7.187. More than ten days prior to the scheduled public hearing before the hearings
official, a notice containing the information required by EC 7.185 was posted on a public bulletin
board at City Hall and given by certified mail to the owners of the parcels of real property
subject to the assessment. The hearings official considered the assessment report of the City
Engineer and Finance Officer and the testimony and evidence presented at the hearing.
Ordinance - Page 1 of 3
F.
At least ten working days prior to the Council meeting, notice of the Council’s
consideration of this Ordinance was published in the Register Guard, and the Ordinance was
posted on the City’s web site on the same date, as required by Section 28(1) of the Eugene
Charter of 2002.
G.
The Council has reviewed and considered the assessment report of the City
Engineer and Finance Officer and the hearings official's findings and summary, and based
thereon,
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1
. The hearings official’s summary is made a part of the Council's record in
these proceedings, and the hearings official's findings, including those regarding compliance
with EC 7.160 to 7.190, attached as Exhibit B, which is incorporated herein by reference, are
adopted.
Section 2
. The actual assessable cost of the local improvement comprised of paving, and
constructing curbs, gutters, sidewalks, medians, traffic signal, street lights, street trees,
stormwater drainage facilities, stormwater water quality bioswales, wastewater facilities, and
related improvements, on Chad Drive and Old Coburg Road from the east end of Chad Drive to
North Game Farm Road is $572,261.80, which is assessed against the parcels of property
hereinafter described on Exhibit C, in the amounts set opposite, respectively.
Section 3
. The City Council hereby determines and assesses each lot and part of lot ithin
the described local improvement district as set forth on the assessment roll attached as Exhibit C,
which is incorporated herein by reference.
Section 4
. The City Council hereby determines that each parcel of land or lot described
above is specially benefited to the extent of the assessment set forth. The Finance Officer shall
give notice of the assessments to the owners of the assessed parcels and inform them that the
assessment may be paid in full, without interest, within ten days of the effective date 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, with interest on the unpaid principal amount commencing ten days
after the effective date of this ordinance:
4.1 In up to thirty semi-annual installments, including principal and interest at the
rate set by the City Manager as provided in EC 2.022 through 2.024.
4.2 If the property owner so elects, in up to 180 monthly installments, including
principal and interest at the rate set by the City Manager as provided in EC 2.022 through
2.024 plus a service charge determined by the City Manager as provided in EC 2.020.
Section 5
. The City Recorder is directed to enter in the docket of City Liens a statement
in connection with each unpaid assessment containing the following:
Ordinance - Page 2 of 3
5.1 A description of each lot, part of lot or acreage specially benefited by the local
improvement;
5.2 The name of the owner or reputed owner thereof, or that the name of the
owner is unknown; and
5.3 The sum assessed upon said property, the amount and date from which
interest accrues, and the date of entering the same in the docket of City Liens.
Section 6
. Upon enactment of this ordinance, the City Finance Officer shall send notice
of the assessments by first class mail to the owners of the assessed parcels containing the
information required by EC 7.190 and enclose therewith an application for paying the assessment
in installments according to the terms set forth in Section 4 of this ordinance.
Section 7
. Any assessment remaining unpaid and for which no application for
installment payments has been received may be foreclosed as provided by law. The proceeds
from the payment or foreclosure of assessments levied by this ordinance shall be deposited to the
city funds which advanced the cost of construction, engineering and related expenses or which
are used to retire any indebtedness incurred by the City for this improvement.
Section 8
. An immediate effective date of this Ordinance is necessary to allow the City
to begin immediate collection of the assessments that will be used to pay the obligations the City
has incurred for this project. Enabling the City to begin collecting assessments will avoid
increased interest costs and conserve limited City resources. Therefore, this Ordinance shall
become effective immediately upon its passage by the City Council pursuant to Section 32(2) of
thye Eugene Charter of 2002.
Passed by the City Council this Approved by the Mayor this
_____ day of , 2010 _____ day of ________________, 2010
_____________
______________________________ ______________________________
City Recorder Mayor
Ordinance - Page 3 of 3