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Ordinance No. 19918
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Ordinance No. 19918
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Last modified
6/10/2010 3:47:39 PM
Creation date
11/19/2008 2:49:40 PM
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Council Ordinances
CMO_Document_Number
19918
Document_Title
Ordinance levying assessments for paving, sidewalks & storm sewers on Bogart Lane and Bailey Lane from Willakenzie Road to Luella Street; and declaring an emergency. (Contract 92-20)
Adopted_Date
5/24/1993
Approved Date
5/24/1993
CMO_Effective_Date
5/24/1993
Signer
Ruth Bascom
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understands that the staff typically send only one notice to a property owner who might awn <br />multiple parcels. Perhaps that is what occurred in Ms. Mills case. <br />In any event, the policy of the Eugene Code is clear that panhandle lots are to be assessed <br />fora 60-foot equivalency, even if they are much narrower. Ms. Mills is not complaining <br />about the Code provision, but the lack of notice. <br />It appears that the amount of notice which has been provided concerning this project is <br />actually mare than the Eugene Code requires. There is no provision to suggest that a failure <br />to provide notices which aren't required would relieve a property owner of an assessment. <br />The Hearings Official certainly understands that Ms. Mills would be troubled to find that her <br />assessments are about twice as high as she had understood. <br />The Hearings Offiicial also understands the complaint of Mr. Gerry Moseley. As noted, he <br />believes that because Bailey Lane was relatively level in front of his house, that he should <br />be relieved from some of the costs of excavating other parts of the project. City Staff <br />pointed out that some excavation occurred in front of Mr. Moseley's home. Although the <br />City could ask that bids be constructed as Mr. Moseley wishes, it would appear that the <br />amount of administration of such an approach would be prohibitive. <br />The Hearings Official finds that the proposed assessments are calculated in accordance with <br />the Eugene Code, The Hearings Official further finds that the project is one for which the <br />assessments are for a local improvement as set Earth in ORS 31U.1~44 because: <br />(1) The assessments do not exceed actual costs; <br />~Z} The assessments are imposed for Capital Improvement Construction <br />Project which provides a specific benefit to a specific property or rectifies <br />the problem caused by a specific property; <br />~3} The assessments are imposed in a single assessment upon completion <br />of the project; and <br />(4) The assessments allow the property owners to elect to pay off with interest <br />over at least ten (10) years. <br />Therefore, the Hearings Official recommends that the City Council adopt an ordinance for <br />assessment as set forth by the City Engineer. <br />Respectfully submitted, <br />Jack A. Billings <br />Hearings Official <br />FINDINGS AND RECGMMENDATIDNS - 3 <br />
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