02/13/1978 Meeting - Laserfiche WebLink

Home Browse Search

r L'-:") '10')) ~ 11M ~ (l , " I d PM .. .. 7',g~~Hn'"1'2~ 1 ,2,Ht4i5t6 Present: Council members Hamel and Delay~ Clty Englneer Teitzel . . A. C.B. 1593--Levying assessments fo~ paving~ sanitary s~er~.st~rm sewer i.sidewa1k I on Barger Drive from Hlghway 99 to 200' W ~f OhlO Street; sanltary \ sewer on Barger Drive from W. Irwin Way West to the N/S section line of Section 16 & 17 and 20 & 21 (605--75-28) . ASSESSMENT PANEL HEARING February 6~ 1978 l'~ C'CE' rI .' " ,- oJ..., ,vi..,.u bY ., {TY 'I ~ T\Nr.~l ,.... r-' F; .'i . if U1... .'1 \,.7 .. ., ~,: . No written protests or requests to be heard were received. Recommendation: Levy assessment as proposed. B. C.B. 1594--Levying assessments for paving~ sanitary sewer and storm sewer within Lexington Park Subdivision and 1st Addition to Lexington Park (l337 & 1430--77-7) . No written protests or requests to be heard were received. Recommendation: Levy assessment as proposed. C. C.B. l595--Levying assessments for storm sewer within Annamidaz Subdivision (1390--77-39) Requests to be heard were received from Steve Penger of Twin Buttes Design _ and construction, 2360 Emerald Street and William and Joyce VanVactort ~ 4389 N. Shasta Loop. Gil Sharp spoke for Twin Buttes Design and Construction. Mr. Sharp stated that he was objecting to any assessment against the property based on the City of Eugene Municipal Code, Land Division Ordinance, Section 9.005 to 9.090t specifically Section 9.040(4)(h)3, covering "Major Partition Map and Subdivision Plat Proceduret wherein it statest "A petition for improvements has been properly executed by the applicant who is effecting the partition or subdivision and will be assessed for said improvements". Mr'. Sharp further stated that under Section 9.085(6)t "Improvements Land Surface Drainage", that it states such facilities shall be constructed by the land divider. Mr. Sharp stated that the Petition for Improvement on this project was signed March 21, 1977 by the subdivider to satisfy the City Engineer's require- ments for approval of the partition. Mr. Sharp further stated that there seems to be two separate procedures, one being assessment procedures followed in the Eugene Codet Chapter 7.160, sections for initiating public improvements either by vote of the Councilor by petition of property owners, however, this petition was filed under the Land Use chaptert Chapter 9, and not Chapter 7 of the Municipal Code. He stated he felt the policy decision as to who should pay costs is different in these two chapters. He further stated that Oregon Statute ons 92.090(5) makes it clear that it is the subdivider's responsibility to install or post bond for the installation of sewer systems to lot lines of all new subdivisions. Mr. Sharp stated that in order to comply with State Statutet petitions filed under Chapter 9 of the Municipal Code should have costs of the improvements assessed to the developer and not to lot owners. e 100 2-6-78 - Page 1 of 2 \P