Ordinance No. 20004 - Laserfiche WebLink

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PUBLIC HEARING The public hearing required far the formation of an LID was waived by the sole property owner within the proposed LID. The public hearing required prior to the final assessment for the LID was waived by the sole property owner within the area to be assessed. The request for the LID was made by the owner of the propert~r, but not in the form required by EC §7.1604}, Representatives of the applicant were informed of the right to hearings on the question of the formation and assessment of the LID before they agreed to waive the hearings. FINDINGS AND RECOMIV~NDATION Procedure The process of forming the local improvement district and levying the final assessment at the same time is unusual. Authority for the combined activity is alluded to, if not specifically established, in EC §7.1664}, which provides: "If the council orders a local improvement to be made and does not concurrently levy the assessments therefore, notice of the prospective assessments to finance the improvement shall be given to each title company known to the finance officer to be conducting business in the city. " In this case there is only one owner of the property subject to the assessment and the owner is not only aware of the LID, but has requested the action as a way to deal with the cost of the sewer construction, It would be fruitless to require compliance with EC §7.1651}, which requires public notice and a call for bids on the proposed local improvement, because the work was finished before any notice was possible. Numerous other requirements concerning notice and prehearing mailings have been set aside because they do not fit where the entire process is accomplished in one session. The primary purpose of these requirements is to offer affected property owners the opportunity to participate in the decision making process. A secondary purpose is to notify those who may otherwise find the project financially interesting about the project. Because of the unusual aspects this project, the Hearings Cf~icial finds that the spirit, if not the letter, of the procedural requirements of chapter 7 of the Eugene Code concerning the formation of an LID and the levying of assessments has been met thus far in this LID process. The Hearings Official finds that the property owner's waiver of rights includes a waiver of rights to notice as we11 as rights to hearings. The Hearings 4f~icial further finds that this waiver is made for reasons that go beyond the expected price of the sanitary sewer at the time the waiver was made, and is not limited to the conditions specified in the waiver. h ri i Construction of the sanitary sewers is a part of the total public improvement project within the subdivision. Lane County agreed to provide support for the low income housing project in the farm of construction of streets, curbs, gutters storm and sanitary sewers. The developer, NEDCD, agreed to pay the County some of the casts of this construction. Construction costs far the sanitary sewer portion of the total project ran higher than expected, and have increased FIELD OF DREAMS SUBDNISION LID FORMATION AND FINAL ASSESSMENT Page Z FINDINGS AND RECOMMENDATIONS