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<br /> ALTHOUGH AN EXTENSI VE SEARCH HAS BEEN MADE, I HAVE BEEN UNABLE ~O FIND ANY CASE WHERE I
<br /> THIS PRECI SEQUESTI ON HAS' BEEN PRESENTED TO A SUPREME COURT. I DO FIND THAT THE GENERAL
<br /> PRINCIPLE APPLIED TO NOTICES PERTAINING TO ZONING IS THAT THE NOTICE MUST GIVE A REASON-
<br /> ABLE NOTICE TO ALL PERSONS WHO MIGHT BE AFFECTED BY THE PROPOSED CHA,NGE. IT WOULD,
<br /> THEREFORE, BE MY OPINION THA.J.THE COMMON COUNCIL WOULD HAVE JURISDICT-ION TO MAKE ANY I
<br /> CHANGE WHICH WOULD 'HAVE. BEEN INCLUDED REZONING AS:PUBLISHED. To BE SPECIFIC, I
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<br /> A VARIANCE COULD ~E ALLOWED FOR ANY USE THAT WOULD HAVE BEEN INCLUDED IN THt PROPOSED
<br /> REZONING CHANGE. THIS WOULD ALSO APPLY TO A CHANGt'IN CLASSIFICATION WHERE ALL OF THE
<br /> USES BEING ALLOWED COULD HAVE BEEN INCLUDED IN THE REZONING AS PUBLISHED. As AN EXAMPLE,
<br /> SI:IOULD THE PUBLISHED NOTICE CALL FOR A CHANGE TO C-3, THE COUNCIL'WOULD HAVE JURISDICTION II
<br /> TO REZONE THE AREA TO EITHER C-2 OR C-I. HOWEVER, SHOULD THE PUBLI SHED NOTI CE CALL FOR
<br /> A REZONING TO C-2, THE COUNCIL WOULD NOT HAVE 'JURISDICTION TO REZONgmHE AREA TO' C~ I , II
<br /> FOR THE REASON THAT ALL OF THE USES ALLOWED IN C-I ARE NOT PERMI -rTED IN A C-2 CLASSIFI-
<br /> CATION.
<br /> IT WOUtD BE MY FURTHER OPINION THAT THE COUNCIL WOULD'HAVE JURISDICTION TO REZONE OR II
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<br /> GRANT A VARIANCE TO ANY AREA SMALLER IN SI ZE BUT INCLUDED WITHIN THE AREA CONCERNING i
<br /> WHICH THE NOTICE WAS PUBLISHED. .CONVERSEL Y, THE COUNCIU WOULD HAVE NO JURISDICTION TO i e
<br /> ENLARGE ANY AREA FROM THAT WHICH WAS PUBLISHED. NEITHER WOULD THE COUNCIL HAVE JURIS-
<br /> DICTION TO GRANT A VARIANCE OR REZONING TO ANY CLASSIFICATION WHICH WOULD NOT BE INCLUDED Ii I
<br /> WITHIN THE.CHANGE PROPOSED IN THE NOTICE. ~
<br /> ApPLYING THESE RULES TO THE EXACT QUESTION PROPOUNDED AT THE LAST COUNCIL MEETING, IT Ii
<br /> WOULD BE MY OPINION THAT THE COUNCIL ACTED PROPERLY IN GRA,NT I NG THE VARIANCE FOR MR. il
<br /> TOMMY WILLIAMS BECAUSE THE USE FOR WHICH THE VARI A.NCE WAS GRANTED WAS INCLUDED WITHIN I
<br /> THE ZONING CLASSIFICATION WHICH WAS SPECIFIED IN THE PUBLISHED NOTICE. ApPLYING THESE Ii
<br /> SAME RULES TO OUR PROCEDURE IN THE FUTURE, IT WOULD BE MY,OPINION THAT IF A NOTICE OF A
<br /> PROPOSED ZONING CLASSIFICATION WAS GIVEN THE COMMON COUNCIL COULD GRANT A VARIANCE UNDER 11
<br /> THE TERMS OF OUR NEW ORDINANCE PERTAINING TO VARIANCES, SUBJECT OF COURSE, TO THE FORE-
<br /> GOING RESTRICTIONS. " II
<br /> IT WA,S MOVED BY BOOTH, SECONDED BY CRUMBAKER THAT THE COMMUNICATION BE RECEIVED AND
<br /> II
<br /> PLACED ON FILE. MOTION CARRIED. i:
<br /> II
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<br /> 16 COMMUNICATION FROM THE CITY ATTORNEY - RE: OFF-STREET PARKING WAS SUBMITTED AND READ II
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<br /> AS FOLLOWS: "
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<br /> "PURSUA,NT TO YOUR REQUEST, AND IN THE COMPANY OF C I. T Y MAN AGE R , ROBERT A. Fl NLAYSON, ,I
<br /> SECRETARY OF THE CHAMBER OF COMMERCE, FRED BRENNE-, AND CHAIRMAN OF THE RETAIL MERCHANTS 11 ...
<br /> DIVISION OF THE CHAMBER OF COMMERCE, V I.NCE FA.RINA, I CONSULTED WITH MR. JOHN SHULER, II
<br /> BOND ATTORNEY, IN THE CITY OF PORTLAND, ON AUGUST 28, 19.53, REGARD,I NG THE SECURING OF II
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<br /> FUNDS TO CONSTRUCT AND OPERATE OFF-STREET PARKING LOTS. MR. SHULER' HAS. MADE AN EX,TENSIVE ii
<br /> STUDY OF ALL 6F THE CASES IN THE UNITE~ STATES DEALING WITH THE ESTABLISHMENT OF IMPROVE-
<br /> MENT DISTRICTS FOR THE PURPOSE OF FINANCING PROJE-CTS SIMILAR TO OFF-STREET PARKING LOTS.
<br /> AFTER A GOOD DEAL OF STUDY AND DELIBERATION, MR. SHU.LER STATED THAT HE WOULD NOT APPROVE It
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<br /> BONDS WHICH WERE REPAYABLE OUT OF MONEY TO BE RAISED FROM A,N IMPROVE-MENT DISTRICT UNLESS "
<br /> SUPREME COURT AND' ~HE SUPREME COURT UPHELD "
<br /> A TEST SUIT WAS TAKEN TO THE THE FORMULA II
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<br /> AND THE ENTIRE PROCEDURE. MR. SHULER RAISED MANY QUESTIONS WHICH WERE UNANSWERABLE ~ON- II
<br /> CERNING THE IMPROVEMENT DISTRICT. HE PO I.NTED OUT THAT IT WAS VERY ~OSSIBLE THAT I F" THE I
<br /> IMPROVEMENT DISTRICT METHOD WAS THE i'
<br /> FOLLOWED, E N T.I R E PROCEDURE MIGHT TAKE FROM TWO TO. FOUR I;
<br /> YEARS, AND IF THE SUPREME COURT MADE A DECISIO~ ADVERSE TO THE CITY, THAT THE CITY WOULD 1',
<br /> THEN BE IN EXACTLY THE SAME POSITION AS IT IS AT THE PRESENT TIME.,
<br /> IT WAS MR. SHULER'S OPINION THAT THE CITY OF EUGENE COULD ,PROCEED TO FINANCE GENERAL
<br /> OBLIGATION BONDS BY EITHER ONE OF TWO METHODS, OR A COMBINAT,ION OF THEM. IN ANY EVENT
<br /> I,
<br /> HE STATED THAT HE WOULD NOT APPROVE ANY BONDS UNLESS A CHA,RTER AMENDMENT WAS FIRST I
<br /> CITY OF EUGENE, AUTHORIZING THE CITY TO PURCHASE I
<br /> SUBMITTED TO THE VOTERS OF THE AND "
<br /> OPERATE OFF-STREET PARKING LOTS AND TO ISSUE BONDS FOR THE PURPOSE' OF FINANCING THE SAME. I! e
<br /> I,
<br /> THE TWO METHODS THAT MR. SHULER POINTED OUT TO US MIGHT BE SATISFACTO~Y WERE AS FOLLOWS: II
<br /> ,I
<br /> I . To PLEDGE ALL OF THE PARKING METER REVENUE TO THE REPAYMENT OF THE BONDS. II
<br /> 2. To LEVY A MILLAGE TAX OVER A PERIOD OF YEARS AGAINST ALL OF THE PROPERTY WITHIN THE i!
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<br /> CI TV OF EUGENE. I:
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<br /> I TWAS UNDERSTOOD THAT THE REVENUE FROM THE PARKING LOTS THEMSELVES WOULD ALSO BE II
<br /> PLEDGED TO REPAYMENT OF OBLIGATION BOND~ IN 'I
<br /> THE THE GENERA,L ANY EVENT. I'
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<br /> SHOULD THE COUNCIL DESIRE TO PROCEED IN THIS MATTER, IT IS SUGGESTED THAT THE PROPER :1
<br /> PROCEDURE WOULD BE TO AUTHORIZE THE DRAFTING OF A PROPOSED CHARTER AMENDMENT TO BE II
<br /> SUBMITTED TO THE ELECTORS OF THE CITY OF EUGENE AT A SPECIAL ELECTION TO BE HELD EITHER
<br /> SEPARATE\- Y OR AT THE GENERAL ELECTION I N MA Y , 1954. IN THE EVENT THAT A SPECIAL ELECTION 1\
<br /> TO BE HELD SEPARATELY IS THE METHOD APPROVED, IT IS SUGGE S TE D THAT A DATE BE SELECTED AT !I I
<br /> LEAST SIXTY DAYS IN ADVANCE SO THAT THE RROPER NOTICES AND PAMPHLETS CAN BE PRE PAR ED. I~ :1
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