Ordinance No. 19960 - Laserfiche WebLink

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Acts exceeding an official's authority, such as incorrectly granting a waiver of assessment here, do not create an estoppel. See, e, g., Bankus v. City of Brookings, 252 Or. 257, 449 P.2d 646 ~ 1969; Solber v. Cit of Newber , 56 Or. App. 23, 641 P.2d 44 ~ 1982. A tax case found that estoppel could exist where there was misinformation by staff, a valid reason for reliance, and a resultant high degree of inequity, Johnson v. Tax Commission, 248 Or. 460, 435 P.2d 302 ~1967y, but other than misinformation those elements are not evident here. The acknowledged erroneous representation here does not create a basis for exempting this property from assessment. inancin Low-In,,.,, g;___ , „ ,,,,,cpme Property.,,,Dwners All properties to be assessed will be eligible for 10-year assessment financing. Low- income deferral programs are also available for those property owners that qualify, and this is the appropriate method of addressing Mr. Pringle's concerns. Qualification will be determined at the time the financing application is processed. The final assessments costs to property owners are equal to the estimates provided at the hearing on formation of the LID. Uvhile actual project costs are higher than those estimates, all cost increases are proposed to be absorbed by the City. The Hearings Official recommends approval of the proposed calculation of the assessment perfront foot for property owners within the LID. The Hearings Official also finds that he project is one for which the assessments are for a local improvement as set forth in ORS 310,410 because: ~ 1 ~ The assessments do not exceed actual costs; 42~ The assessments are imposed for a capital construction project which provides a specific benefit for a specific property or rectifies the problem caused by a specific property; ~3~ The assessments are impased in a single assessment upon completion of the project; and t4~ The assessments allow the property owners to elect to pay the assessment with interest over at least ten ~ 10~ years. Therefore, the Hearings Official recommends that the City Council adopt an ordinance for assessment as set forth by the City Engineer. Respectfully submitted, ~.~..,R.e, n,bt~Q. Michael C. INalch Hearings Official Dated: February 25, 1994 Sidewalks on Emerald Street -Job #2844 Findings and Recommendations -Page 4