Ordinance No. 20040 - Laserfiche WebLink

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Findings and Recommendations Job #3207 Assessment Page 2 0~ 2 FINDINGS AND RECUMMENDATIQN Staff provided the Hearings Gf~cial with a memorandum which outlined the above information. A public hearing regarding the proposed district formation was held on February 13,1996 at 6:ao p.m. in the Eugene Hotel Building at 244 E. Broadway, Eugene, Oregon. Gne member of the public, representing Mulkey Cemetery Association, spoke at the hearing. A copy of the minutes from the hearing are attached as Exhibit "A." In addition to the public comment received at the hearing, The Hearings Official has also received a staff report from the City Engineer Exhibit "B"}; a letter dated February 12,1996 from the Kay Holbo, President of the Mulkey Cemetery Association Exhibit "C"}; a February 16,1996 request for interpretation from the Hearings Gff~cial to the City Attorney Exhibit "D"}; a February 16,1996 response from the Eugene City Attorney regarding ORS 223.775 ~Exh~b~t "E"; a February 15,1996 letter hand attached certificate of nonprofit corporation status} from Kay Holbo to the Hearings Gfficial Exhibit "F"}; and a supplemental staff report dated February 21,1996, revls~ng sanitary service assessments Exhibit "G"} The Hearings official finds that the Mulkey Cemetery Association is a non profit cemetery corporation and will have no current assessment liability with the passage of an assessment ordinance by the Eugene City Council. This conclusion is based upon the February 16 response from the City Attorney and the information provided to the Hearings Gff~cial by the Mulkey Cemetery Association. Based upon supplemental information received from city staff, the Hearings Gfficial finds that the final assessment costs are based on the low bid and axe comparable to other projects of similar size and nature. Staff has recommended approval of the formation of the local improvement district. The Hearings Gfficial also finds that the proposed local improvement district is consistent with ORS 223.775 Further, the Hearings Gfficial finds that the proposed assessments are calculated in accordance with the Eugene Code; that a description of each parcel of real property proposed to be assessed, the name of the owner and the amount of its proposed assessment has been developed; and that certification that notice of the proposed assessment was given as required by Section 7.185 of the Eugene Code. Finally, the Hearings Gffic~al finds that the project is one for which the assessments are for a local improvement as set forth in GRS 31o.14~ because: ~ 1 } The assessments do not exceed actual casts; ~2} The assessments are imposed for a Capital Improvement Construction Project which provides a specific benefit to a specific property or rectifies the problem caused by a specific property; ~3} The assessments are imposed zn a single assessment upon completion of the project; and ~4} The assessments allow the property owners to elect to pay off with interest over at least ten ~ 10} years. Therefore, the Hearings Official recommends that the City Council adopt an ordinance for the assessment as set forth by the City Engineer. Respectfully submitted, .~~ /~ ~°6 Gary , Darnielle Date He - ings Official