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the Council has made a clear distinction, and they reaffirmed this decision with the West <br />University Neighborhood alleys in mind. <br /> <br />FINDINGS AND RECOMMENDATION <br /> <br />Notice of the public hearing was provided and all the property owners were given an opportunity <br />to participate in the hearings. <br /> <br />Appropriate notice was given of the public hearing and the availability of the proposed ordinance <br />for LID formation, as required by the Eugene Charter and Code. Letters informing property <br />owners of the hearing and notification to property owners of the intent of the City to characterize <br />the assessment as an assessment, not a tax, as required by ORS 305.583(5) were mailed to the <br />property owners. <br /> <br />The Hearings Officer finds that the project is one for which the assessments are for local <br />improvements as set forth in ORS 310.410 because <br /> <br /> 1. The assessments do not exceed actual costs; <br /> 2. The assessments are imposed for a capital construction project that provides a <br /> specific benefit for a specific property or rectifies a problem caused by a specific <br /> property <br /> 3. The assessments are imposed in a single assessment upon completion of the <br /> project; and <br /> 4. The assessments allow the property owners to elect to pay the assessment with <br /> interest over at least ten (10) years. <br /> <br />The Hearings Official also finds that the method of calculation of the area to be assessed and the <br />estimated assessments is consistent with the language of the Eugene Code. The Hearings <br />Official recommends that the Council act in accord with the City Engineer's recommendations, <br />accepting the low bid and forming the local improvement district as set forth in the City <br />Engineer's recommendations. <br /> <br /> Re~pec~lly s~ubjrdtted, <br /> <br /> Milo Mecham <br /> Hearings Official <br /> <br />Dated: May 2, 2005 <br /> <br />PROPOSED LOCAL IMPROVEMENT DISTRICT FORMATION FOR 23 VARIOUS ALLEY <br />LOCATIONS IN THE WEST UNIVERSITY NEIGHBORHOOD GENERALLY BOUNDED BY <br />WILLAMETTE STREET, 19TH AVENUE, KINCAID STREET, AND FRANKLIN BOULEVARD <br /> Page 4 <br /> <br /> <br />