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Ordinance No. 19773
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Ordinance No. 19773
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Last modified
6/10/2010 3:46:47 PM
Creation date
11/12/2008 2:45:07 PM
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Council Ordinances
CMO_Document_Number
19773
Document_Title
Regarding systems dev. chgs; amending 7.010 & 7.065 of the EC; adding 7.407,7.700,7.702,7.705,7.710,7.715,7.720,7.725,7.730,7.735,& 7.740; repealing subsection 7.175(2)(b)5.d, sections 7.245,7.275,7.277,7.279,72.81,7.283,&7.285; declaring emergency.
Adopted_Date
5/13/1991
Approved Date
5/13/1991
CMO_Effective_Date
5/13/1991
Signer
Jeffrey R. Miller
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s n the 1 s en docket of the city and may be foreclosed i n the same manner as <br />other assessment 1 i ens . <br />~fi} Nothing in this section shall prevent the city from creating <br />a 1 ocal improvement district for storm sewers under sect i an 1.115 upon a <br />determination that an existing storm sewer for which the city has given <br />credit under subsection 1.1303} and ~4} is determined to specially benefit <br />property that did not pay for the storm sewer. Such assessments shall be <br />cal cut ated upon the greater of the amount of credit given by the city or of <br />the cost of constructs ng a simi 1 ar storm sewer at the time of the formation <br />of the local improvement district. If a property has been given an equiva- <br />l ent assessment under subsection 1.Ofi5 ~4} s t may not be assessed again for <br />the same storm sewer. <br />~1} The equivalent assessment required by this subsection shal 1 <br />be used for storm sewer purposes and shall be in addition to all other fees <br />and assessments required by this code. <br />Section 4. Section 7.401 is hereby added to the Eugene Code, 1911, to <br />provide: <br />7.407 Driveways-Curb Cut Equivalent Street Assessment. <br />~ 1 } ~In adds ti on ~ to ~ any~~~rappl icati~~an~~~~~~~~~orW perms t fee required by sec- <br />ts on 1.405, when the owner of real property i s required to abtai n a curb cut <br />perms t to take access onto a street for which the city has gi ven a credi t <br />under subsections 1.1303} and 1.1304} based upon the size of the street <br />improvements that would be assessable under subpart 1.1152}fib}1, the owner <br />shall pay to the finance officer an equivalent assessment and any other fees <br />required by the city before taking access to the street. If the property has <br />delinquent 1 ocal improvement assessments against s t, before issuing the curb <br />cut permit, all delinquent assessments shall be brought current. The equiva- <br />l ent assessment shall be determined by the city engi Weer, taking into account <br />the city policies regarding size of streets assessed to benef i tted property, <br />based on the greater of the credit given under subsection 1.1303} or ~4} <br />for the street to which access i s proposed or the cost at the time of taking <br />access of 1 ocal improvement assessments for similar streets. As used i n thi s <br />subsection "cost" includes the expenses identified i n section 1.170. Any <br />person aggrieved by the city engineer's determi Hats an of the equivalent <br />assessment may seek its review before a hears ngs off i ci a1 by fol l Owi ng the <br />procedures in section 3.064 of this code, The petitioner shall have the <br />burden of proof i n such review. <br />~2} In lieu of paying the equivalent assessment at the time of <br />issuance of the curb cut permit, the owner of the real property to take <br />access to the street may execute and deliver to. the f i Hance officer an agree- <br />ment to pay the equivalent assessment i n i nsta1l ments . The finance officer <br />may accept the owner's agreement to pay only i f i t i s conss stent with the <br />l ims is established under subsection 1.160 ~2} and ~3} . Equivalent assessments <br />paid as provided in this subsection shall be charged snterest on the unpaid <br />principal balance as prav i Jed i n section 2.022 of this code and are hereby <br />decl ared a 1 i en against the real property and shall be Jacketed s n the 1 s en <br />docket of the city and may be foreclosed in the same manner as other assess- <br />ment liens. <br />Ordinance - 5 <br />
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