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<br />benefitted property shall be notified and the property assessed as provided in E.C. 7.185 to 7.240. <br /> <br />The assessments to be levied for these improvements are hereby characterized for purposes of the <br /> <br />property tax limitation in Section 11 b, Art. XI of the Oregon Constitution as assessments for a local <br /> <br />improvement, not subject to the constitutional limitation of$l 0 per thousand of real market value. <br /> <br />Notice of the intent to so characterize the assessments was sent to the affected property owners prior <br /> <br />to the adoption of this resolution. <br /> <br />Section 4. Several of the properties proposed for inclusion in the local improvement district <br /> <br />are located outside the boundaries of the City. Under provisions of state law, the concurrence of the <br /> <br />Lane County Board of Commissioners is required for inclusion of the properties in the local <br /> <br />improvement district. On May 8, 2002, Lane County, by Board Order 02-5-8-5, has given <br /> <br /> <br />concurrence that the properties (Jones, Tax Lot #17042000 03800; Lydum, Tax Lot #17042911 <br /> <br /> <br />00100; Heitz, Tax Lot #17042911 00200; Roos, Tax Lot #17042911 00300; Allen, Tax Lot <br /> <br /> <br />#17042911 00500; Nelson, Tax Lot #17042911 00600; Slagle/Hammer, Tax Lot #17042911 00700; <br /> <br /> <br />Morgan, Tax Lot #17042911 00800; Larsen, Tax Lot #17042911 00900) be included in the local <br /> <br /> <br />improvement district. <br /> <br /> <br />One property, (Jones, Tax Lot #170420000380), by Eugene Code definition, takes primary <br /> <br /> <br />access off Royal Avenue but will not be assessed for paving improvements on Royal Avenue. In <br /> <br /> <br />order to reach this conclusion, consideration has been given to the development state of the property, <br /> <br /> <br />and the fact that the driveway access is off Terry Street, that there have been past assessments for <br /> <br />the long frontage on Terry Street, and that additional driveways off the minor arterial of Royal <br /> <br />Avenue are not desirable. <br /> <br />Section 5. The City Council hereby declares that the construction of the Improvements, as <br /> <br />Resolution - 2 <br />