Resolution NO. 4533 - Laserfiche WebLink

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RECOMMENDATION Staff provided the Hearings Official with a memorandum which outlined the above information and which recommended approval of the formation of the proposed district. A public hearing regarding the proposed district formation was held at 6:00 p.m. on July 23, 1997. The minutes of this hearing are attached to these Findings and Recommendations as Exhibit "A." Two affected property owners testified at the hearing. Neither property owner opposed the formation of the proposed local improvement district although one owner requested that he be allowed to privately construct his portion of the project and a representative for Food For Lane County requested a waiver of the assessment for his non-profit organization. Estimated costs are based on the low bid and are comparable to other projects of similar size and nature. The Hearings Official can find no Code provision that would allow staff to waive assessments on the basis of the non-profit status of a property owner. Further, there is no evidence that such a practice has ever occurred at the administrative level. As a matter of public policy, however, it is within the authority of the City Council to provide a full or partial waiver of an assessment. In regard to this issue, the Hearings Official commends a request from Food for Lane County, attached to these findings, to the City Council. . The Hearings Official finds that the proposed local improvement district would benefit the health, safety and welfare of the citizens of Eugene in that it will provide necessary urban services, consistent with Growth Mana~ement and the Urban Service Area Element Policy 8 of the Eugene-Springfield Metropolitan Area General Plan. The Hearings Official also finds that it would not be prudent, at this late stage of the local improvement district formation process, to allow one of the property owners to privately construct his portion of the proposed improvements. Finally, the Hearings Official finds that the proposed assessments are calculated in accordance with the Eugene Code and that the project is one for which the assessments are for a local improvement as set forth in ORS 310.140 because: (1) The assessments do not exceed actual costs; (2) The assessments are imposed for a Capital Improvement Construction Project which provides a specific benefit to a specific property or rectifies the 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 payoff with interest over at least ten (10) years. Therefore, the Hearings Official recommends that the City Council adopt a resolution approving the project, as recommended by staff, and authorizing construction. Respectfully submitted, f!:J- d?cf /,?,?./ Dft{e Findings and Recommendations - Job #3557 Page 2