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Ordinance No. 19911
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Ordinance No. 19911
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Last modified
6/10/2010 3:47:35 PM
Creation date
11/18/2008 4:13:56 PM
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Council Ordinances
CMO_Document_Number
19911
Document_Title
An ordinance levying assessments for paving, curbs, sidewalks, storm sewers & street lighting on Green Acres Road from Norkenzie Road to Delta Hwy.; and declaring an emergency. (Contract 91-19)
Adopted_Date
4/28/1993
Approved Date
4/28/1993
CMO_Effective_Date
4/28/1993
Signer
Ruth Bascom
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However, such an approach would completely ignore the future uses of a property. Using the <br />Green Acres site as an example, the assessment today would be based upon some traffic count <br />conducted now. If, however, at a later rime a change in use of the property generated noticeably <br />more traffic, no addirional assessment would be permitted. <br />Obviously, such an approach would have dramaric implica~.ons for the amount of staff work <br />necessary to assess properries and the amount of cost that the City would have to bear for a <br />collector or arterial project. <br />The advantage of the current system is that it assesses prvperti.es uniformly, based upon their <br />zoning characterisrics. This method takes into consideration not only the current use of the <br />property, but future uses which might receive greater bene~.t from the constructed improvement. <br />Finally, in the opinion of the Hearings Official, the Green Acres property has benefitted from <br />the improvement. Although the property owners claim that an appraiser has indicated there is <br />no increased value, it is true that the property is now served by a fully improved street with left <br />turn lane, curbs, gutters and sidewalks. <br />RECD ATIGN <br />It is the finding of the Hearings Official that the City Engineer has calculated the assessments <br />for the improvement along Green Acres Raad in accordance with the current provisions of the <br />Eugene Code. If the City Council determines that it has the legal authority to change the method <br />for assessment of a property such as Green Acres, and if it chooses to do sa then that lic <br />.. ~ Po Y <br />decision would prevail.. However, ~n the absence of a change in policy by the Council, it is the <br />recommendarion of the Hearings Official that all properties be assessed as has been determined <br />by the City Engineer. <br />It is the further f nding of the Hearings Official that the proposed project is one for which the <br />assessments are for a local improvement as set fordo in ORS 31D.14~ because: <br />(1) The assessments do not exceed actual costs; <br />~2} The assessments are imposed for a Capital, Improvement Construction Project <br />which provides a specific benefit to a specific property or rectifies a problem <br />caused by a specific property; <br />(3) T'he 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 off with interest over <br />at least ten (10) years. <br />_3_ <br />
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