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Ordinance No. 19831
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Ordinance No. 19831
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Last modified
6/10/2010 3:47:09 PM
Creation date
11/14/2008 2:38:08 PM
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Council Ordinances
CMO_Document_Number
19831
Document_Title
Ordinance levying assessments for existing sanitary sewers in the Santa Clara area; and declaring an emergency.
Adopted_Date
3/2/1992
Approved Date
3/2/1992
CMO_Effective_Date
3/2/1992
Signer
Jeffrey R. Miller
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the actual figure was $U.2157 per square foot. This would indicate that the probable <br />assessment for Mr. Hunter's properties is about half of what he claimed. when this <br />amount is factored over four properties, it does not appear unreasonable. Even if the <br />assessment would seem high, Mr. Hunter does not point to any error of calculation by <br />City Staff. <br />Secondly, there is no mechanism whatsoever for the City of Eugene to obtain additional <br />monies from Lane County on some theory of "negligence" or "moral responsibility". The <br />Eugene Code and the agreements among the governmental units to require sewer <br />hookup permits the city to assess these properties. The Cifiy has no standing whatsoever <br />to bring any litigation against Lane County. whether individual property owners might <br />have such standing or authority is debatable, but up to the property owners to determine. <br />Therefore, it is the finding of the Hearings Ofhicial that the amounts levied in general <br />and with regard to Mr. Hunter's properties specifically, have been conducted in accor- <br />dance with the Eugene Cade. It is the recommendation of the Hearings Qflicial that the <br />amounts be assessed as have been proposed by staff. <br />3. Others. <br />em <br />A. .F „ property. As noted in the Memorandum, Mr. Kempf owns two <br />properties, one of which is vacant and not being assessed at this time. The proposed <br />assessment includes the area of the developed lot within 160 feet of the sewer that is <br />adjacent but not contiguous to the lot. Mr. Kempf states he gave the City an easement <br />acquired on the vacant lot, in lieu of a sewer fee. There is an easement document which <br />indicates no monetary compensation was paid far the property, nor does it indicate a <br />waiver of fees. An estimate for the developed lot, indicates only that the farmer trunk <br />sewer levy currently the local SDC) would be charged. The six-inch line along the <br />vacant lot includes services far two properties. Therefore, staff believes that the six-inch <br />line can serve the property and feels the proposed assessment is consistent with policy <br />and practice. A letter received from Nlr. Kempf, which outlines his position is attached <br />as Exhibit " 3". <br />The Hearings Official has no information upon which to corroborate and confirm any <br />agreement to waive fees in return for an easement. while Mr. Kempf may have <br />sincerely concluded that such an agreement was reached, there is no documentation of <br />any kind to support it. Therefore, it is the recommendation of the Hearings ~f~cial that <br />the Kempf property be assessed as proposed. <br />B. Tucker roe . Mr. Harald Tucker submitted a letter which was received <br />after the public hearing and is attached as Exlu`bit "4". Mr. Tucker appears to be <br />complaining that the amount of the assessment is high considering that the property only <br />has a small living structure and some animals on it. There is also reference to the <br />direction of drainage on the property. <br /> <br />
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