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Home My WebLink AboutOrdinance No. 20367 -4~=- COUNCIL ORDINANCE NUMBER 20367 COUNCIL BILL NUMBER 4926 AN ORDINANCE LEVYING ASSESSMENTS FOR IMPROVEMENTS CONSISTING OF PAVING, CURBS, GUTTERS, SIDEWALKS, AND STORM WATER DRAINAGE SYSTEM ON DEBRICK ROAD FROM CLINTON DRIVE TO VALLEY BUTTE DRIVE, AND BUTTE LANE FROM CLINTON DRIVE TO 700 FEET SOUTH; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. (CONTRACT 2006-05) (JOB #4111) ADOPTED: May 8, 2006 PASSED: 7:1 REJECTED: OPPOSED: Bettman ABSENT: EFFECTIVE: May 9, 2006 ORDINANCE NO. 20367 AN ORDINANCE LEVYING ASSESSMENTS FOR IMPROVEMENTS CONSISTING OF PAVING, CURBS, GUTTERS, SIDEWALKS, AND STORM WATER DRAINAGE SYSTEM ON DEBRICK ROAD FROM CLINTON DRIVE TO VALLEY BUTTE DRIVE, AND BUTTE LANE FROM CLINTON DRIVE TO 700 FEET SOUTH; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. (CONTRACT 2006-05) (JOB #4111) The City Council of the City of Eugene finds that: A. On the 20th day of February, 2004, based on the findings issued by the City Engineer, pursuant to Section 7.160(8) of the Eugene Code, 1971, the City Engineer initiated the proposed local improvements consisting of paving, curbs, gutters, sidewalks, and storm water drainage system on Debrick Road from Clinton Drive to Valley Butte Drive, and Butte Lane from Clinton Drive to 700 feet south. B. After due notice and a public hearing before the hearing official on June 23,2005, the City Council formed the Local Improvement District and authorized construction of the local improvements on the 18th day of July, 2005. C. The actual cost of the local improvements is ascertained to be $395,148.12, and the amounts to be assessed to, and borne by, the specially benefitted property, and to be borne by the City or others, have been determined in accordance with applicable provisions of the Eugene Code, 1971 ("E.C."), as set forth in Exhibit A attached hereto and incorporated herein by reference. D. The City Council has established the method of calculating local improvement assessments in E.C. 7.170 and 7.175. E. A public hearing on the ordinance, as required by Section 28(2) of the Eugene Charter of2002, was scheduled before the hearing official as authorized by E.C. 2.007(4), on April 12, 2006. At least ten days prior to the scheduled public hearing before the hearing official, a notice containing the information required by E. C. 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. At the time and place specified therein, the hearings official considered the assessment report of the City Engineer and Finance Officer and the testimony and evidence presented at the hearing. 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 of2002. 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, Ordinance - 1 THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The hearings official's summary is hereby made a part of the Council's record in these proceedings, and the hearings official's findings, including those regarding compliance with E.C. 7.160 to 7.190, attached hereto as Exhibit B and incorporated herein by reference, are hereby adopted. Section 2. The actual assessable cost of the local improvements consisting of paving, curbs, gutters, sidewalks, and storm water drainage system on Debrick Road from Clinton Drive to Valley Butte Drive, and Butte Lane Clinton Drive to 700 feet south is $223,801.27 which is hereby assessed against the parcels of property hereinafter described in the amounts set opposite, respectively. Section 3. The City Council does hereby determine and assess each lot and part of lot within the described local improvement district as set forth on the assessment roll attached as Exhibit C hereto and incorporated herein by reference, which includes those properties whose owners qualified for the Street Subsidy Program. Section 4. The City Council does hereby determine that each parcel of land or lot hereinabove described is specially benefitted to the extent of the assessment set forth. The Finance Officer shall give notice of the assessments to the owners of the assessed parcels advising them 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 twenty semi-annual installments, including principal and interest at the rate set by the City Manager as provided in E.C. 2.022 through 2.024. 4.2 If the property owner so elects, in 120 monthly installments, including principal and interest at the rate set by the City Manager as provided in E.C. 2.022 through 2.024 plus a service charge determined by the City Manager as provided in E.C. 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: 5.1 A description of each lot, part of lot or acreage specially benefitted by the local improvements; 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 E. C. 7.190 and enclose therewith an application for paying the assessment in installments Ordinance - 2 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 these improvements. 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 and approval by the Mayor, retention by the Mayor for more than ten days, or readoption over a Mayoral veto by two-thirds of all members of the City Council. Passed by the City Council this Approved by the Mayor this 8th day of May, 2006. 9th day of May, 2006. -VWk~~ Citt ecorder ~.~ p~; ayor Ordinance - 3 "CITY OF EUGENE (PROD) SPECIAL ASSESSMENT SYSTEM PAGE: 1 EXHIBIT A 93004111 - DEB RICK RD & BUTTE LANE STREET IMPROVEMENTS PROJECT LEGAL: PAVING, CURB, GUTTERS, SIDEWALKS AND STORM SYSTEM ON DEBRICK ROAD FROM CLINTON DRIVE TO VALLEY BUTTE DRIVE, AND BUTTE LANE FROM CLINTON DRIVE TO 700 FEET SOUTH CONTRACT NUMBER: 2006-00005 JOB NUMBER: 93004111 ASSESSABLE: ASSBSSABLB TOTALS: 19 PENDING 3 ON HOLD o LIEN DEFERRED 22 $154,832.81 $68,968.46 $0.00 $223,801.27 CITY SHARE: CITY PAVING CITY SANITARY CITY STORM LOW INCOME SUBSIDY $75,120.82 $15,835.95 $66,487.91 $13,902.17 CZTY SHARB TOTALS: $171,346.85 TOTAL COST OF PROJBCT: $395,148.12 EXHIBIT B FINDINGS AND RECOMMENDATIONS SUBJECT: PROPOSED LOCAL IMPROVEMENT DISTRICT FORMATION FOR PAVING, CONSTRUCTING CURBS, GUTTERS, SIDEWALKS, AND STORM WATER DRAINAGE SYSTEM ON DEBRICK ROAD FROM CLINTON DRIVE TO VALLEY BUTTE DRIVE, AND BUTTE LANE FROM CLINTON DRIVE TO 700 FEET SOUTH (CONTRACT 2006-05) (JOB #4111) BACKGROUND Debrick Road is a street in the Cal Young - Willagillespie area, located near the bottom of a small hill. Usage along Debrick and Butte Lane has increased, but this has meant a deterioration of portions of the street. The portion of Debrick improved had been a gravel street, badly potholed with poor drainage. In 2003 the property owners in the area requested the City to initiate a project to improve the street. The City held a public information meeting in January 2004 to discuss design issues and to formulate an initial design for the project. Property owners were notified of a public heanng regarding formation of the proposed LID and the public hearing was held on June 23,2005. The City Council passed a resolution forming the Local Improvement District (LID) on July 18, 2005. 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. . PROJECT . The improvements consist of a 21- foot wide road on Butte Drive from Clinton to Debrick with a raised crosswalk, and 28 foot paving on the remainder of Butte Drive and all of Deb rick. The City also installed sidewalks and a storm drainage system. The project brought Debrick Road up to full City Standards to meet the current and future pedestrian, bicycle and vehicular needs of the area. ASSESSMENT Costs were distributed in accordance with Eugene Code 7.1 75, and as outlined in the Council adopted Hearings Official findings and recommendations, and the resolution forming the LID. The final unit assessable costs: Paving 28-foot (per front foot) Paving 21-foot (per front foot) Sidewalk (per front foot) $ 97.91 $ 82.61 $ 24.06 PAVING, CURBS AND GUTTERS, SIDEWALKS, AND RELATED IMPROVEMENTS ON DEB RICK ROAD AND BUTTE LANE FINAL ASSESSMENT Page 1 Total Final Assessable Cost Total Final City Cost $ 223,801.57 (current and delayed) $ 171,346.85 Total Final Project Cost $ 395,148.12 As specified in the Eugene Code, property owners on local streets pay for the full width of the street, and the City pays for intersection costs and non-assessable storm drainage costs. The non- assessable City share for this project is funded from Road Fund, in the amount of$75,120.82, Wastewater Utility Fund, in the amount of$15,835.96, and Storm Water SDC Funds, in the amount of$66,487.93. Assessment financing, a 10-year payment plan through the City, is available to all property owners within the improvement district in accord with Eugene Code, Chapter 7. The estimates developed before the improvement were slightly lower than the final cost. (The estimated City cost shown here has been revised to correct an error in the amount of estimated nonassessable costs shown at the time of LID formation.) Paving 28-foot (per front foot) $ 90.82 Paving 21-foot (per front foot) $ 74.44 Sidewalk (per square foot) $ 26.70 Total Estimated Assessable Cost $ 234,894 Total Estimated City Cost $ 114,333 Total Estimated Proj ect Cost $ 349,227 The final proj ect costs were higher than estimated. The cost increases were due to additional excavation and base rock necessary to stabilize the base of the roadway due to soft road bed, design modifications during construction requested by property owners to accommodate safety and maintenance issues, modifications to the existing wastewater lines to bring them up to current City standard, additional storm drainage improvements to accommodate springs within the project that surfaced during heavy rains this winter prior to final completion of the project, additional utility relocation costs and delays and additional coordination work due to delays in completion of work by the utility companies to relocate their facilities. PUBLIC INVOLVEMENT The project was initiated by a petition signed by seventy-one percent of the property owners. Prior to the public hearing on the final assessment, notice of the pending hearing was sent to all property owners. No property owners chose to attend the hearing. PAVING, CURBS AND GUTTERS, SIDEW ALKS, AND RELATED IMPROVEMENTS ON DEBRICK ROAD AND BUTTE LANE FINAL ASSESSMENT Page 2 FINDINGS AND RECOMMENDATION Notice of the public hearing was provided and all the property owners were given an opportunity to participate in the hearings. Appropriate notice was given of the public hearing and pending Council action, as required by the Eugene Charter and Code. Letters informing property owners of the hearing and notification to property owners of the intent of the City to characterize the assessment as an assessment, not a tax, as required by ORS 305.583(5) were mailed to the property owners. The Hearings Officer finds that the project is one for which the assessments are for local improvements as set forth in ORS 310.410 because 1. The assessments do not exceed actual costs; 2. The assessments are imposed for a capital construction project that provides a specific benefit for a specific property or rectifies a problem caused by a specific property 3. The assessments are imposed in a single assessment upon completion of the project; and 4. The assessments allow the property owners to elect to pay the assessment with interest over at least ten (10) years. The Hearings Official also finds that the proposed final assessment, calculated and recommended by the City Engineer is reasonable and consistent with the Eugene Code. The Hearings Official recommends that the Council act in accord with the City Engineer's recommendations, adopting the ordinance prepared for the public hearing, levying the assessment as set forth by the City Engineer. M~ Milo Mecham Hearings Official April 24, 2006 PAVING, CURBS AND GUTTERS, SIDEW ALKS, AND RELATED IMPROVEMENTS ON DEBRICK ROAD AND BUTTE LANE FINAL ASSESSMENT Page 3 ~ ~~ (fl~ ~~ ~Q ~~ ::A:-A ~~ ~~ ~ \ ~\ a'\ ~~~ \.!-' \'9.~1-\ \~~~ \. t. \, \~~ ~@@ ~ \\ \\ ~\ \\ \\ ~ i O-<f J.;,GO~ ~o?-'i>S C\'\ O\l.:;Uc ;t,~~' ?\)'O~S\o'\\ ~'0G ~'\ o~)\G \)\ <<'y.'iJ. m.'tt.~ -~I>.~' _~ CITY OF EUGENE SPECIAL ASSESSMENT SYSTEM ASSESSMENT REGISTER (CITY COUNCIL) 93004111 - DEBRICK RD & BUTTE LANE STREET IMPROVEMENTS PAGE: 1 EXHIBIT C CONTRACT #: 2006 00005 JOB #: 93004111 PAVING, CURB, GUTTERS, SIDEWALKS AND STORM SYSTEM ON DEBRICK ROAD FROM CLINTON DRIVE TO VALLEY BUTTE DRIVE, AND BUTTE LANE FROM CLINTON DRIVE TO 700 FEET SOUTH PROJECT LEGAL DESCRIPTION MASTER PROJECT #: 2006-00005 TAXLOT 17031930-02411 000 PROPBRTY DBSCRIPTION 17031943-00500 000 PROPBRTY DBSCRIPTION 17031943-00601 000 PROPBRTY DBSCRZPTZON 17031943-00700 000 PROPBRTY DBSCRZPTI~ 17031943-00701 000 PROPBRTY DBSCRIPTION 17031943-00800 000 PROPBRTY DBSCRZPTZON 17031943-00901 000 PROPBRTY DBSCRIPTION 17031943-00902 000 PROPBRTY DESCRIPTION 17031943-00903 000 PROPERTY DBSCRIPTION 17031943-01000 000 PROPBRTY DBSCRIPTZON 17031943-01001 000 PROPBRTY DBSCRIPTZON 17031943-01002 000 PROPBRTY DESCRIPTION 17031943-01100 000 PROPBRTY DBSCRIPTION 17031943-01200 000 PROPERTY DESCRIPTION 17031943-01401 000 PROPERTY DBSCRZPTION 17031943-01402 000 PROPBRTY DBSCRIPTION TOTAL ZMPROVBKBNT AMOUNT OWNBR INI'ORMATZON $10,719.46 R2479/9886928 YARBROUGH DAVID H 1120 BUTTE LN EUGENE OR 97401 $12,250.17 R1321/8442364 HARRIS NORMAN R PO BOX 3978 PALMER AK 99645 $10,045.13 2003-077070 DUIKER PAUL GERALD & LISA A 1235 BUTTE LN EUGENE OR 97401 $1,712.32 2005-018479 CARTER VANESSA L 1185 DEBRICK RD EUGENE OR 97401 $2,082.53 2003-007436 ROSALES JAMES 1205 BUTTE LN EUGENE OR 97401 $12,250.17 2001-037434 HANSON MICHAEL W 1180 CLINTON DR EUGENE OR 97401 $9,647.51 2005-071617 ROBIN MICHAEL R 1140 BUTTE LN EUGENE OR 97401 $4,596.26 2005-062166 TUSEK MICHAEL R 1140 DEBRI CK RD EUGENE OR 97401 $6,431.68 2005-066265 TICER VIVIAN L 1132 BUTTE LN EUGENE OR 97401 $8,575.12 R1608/8958102 THOMING BARRY L 1150 DEBRICK RD EUGENE OR 97401 $8,575.12 R11564/8912360 MCCOLL SCOTT R 1160 DEBRI CK RD EUGENE OR 97401 $9,555.13 R1994/9467032 JOINER PAUL B 1170 DEBRICK RD EUGENE OR 97401 $11,025.15 2003-122581 RADIX INTERNATIONAL INC 1230 BUTTE LN EUGENE OR 97401 $18,762.89 2001-034580 CLEVELAND STEPHANIE J 1230 BUTTE LN EUGENE OR 97401-7674 $6,125.09 R2582/99072563 BRYANT DANIEL E H 1280 BUTTE LN EUGENE OR 97401 $6,125.09 2302/9503838 MONTE DONALD W 1260 BUTTE LN EUGENE OR 97401 CITY OF EUGENE SPECIAL ASSESSMENT SYSTEM ASSESSMENT REGISTER (CITY COUNCIL) 93004111 - DEBRICK RD & BUTTE LANE STREET IMPROVEMENTS PAGE: 2 TAXLOT TOTAL IMPROVBHBNT AMOUNT OWNER ZNFORMATION 17031943-01403 000 $6,125.09 MONTE DONALD W PROPBRTY DBSCRIPTION R1799/9250772 1260 BUTTE LN EUGENE OR 97401 17031943-01502 000 $6,125.09 ARLIE HOMES INC PROPBRTY DB SCRIPTION R2529/99025427 722 COUNTRY CLUB RD EUGENE OR 97401 17031943-01503 000 $4,103.81 PAULSEN TERRY G PROPBRTY DBSCRIPTION R10B4/B035439 13 00 BUTTE LN EUGENE OR 97401