Ordinance No. 20040 - Laserfiche WebLink

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~'XHIBIT B' MEMORANDUM Date: February 13,1996 From: Jeff Lankston, Acting City Engineer To: Hearings official SUBJECT: PAVING, CURBS, GUTTERS AND STORM SEWERS ON LAMBERT STREET FROM BROADVIEW STREET TO 350 FEET WEST AND 250 FEET NORTH CONTRACT #95-~4~ JOB #3Z07~ BACKGROUND This project was initiated by a petitions from property owners who will bear 58.94 percent of the assessable cost. Based on the petitions, the City Engineer initiated the project, as provided for in the Eugene Code 1.1608}, on May 5,1994 and the City Council formed the L1D on June 14,1995. The project has been completed, and final assessment costs have been calculated. The City has received a letter dated February 12,1996 from Mulkey Cemetery Association see attachment}. Their concerns are the cost of the assessment and how they can pay for it, and they feel the cemetery receives no benefit from this improvement project. Staff has researched City Code and ORS relating to cemetery assessments. They have found the following information in ORS 223.715. ~2} Notwithstanding the provisions of ORS 65.555 to 65.815 or any other provision of law, whenever alf or any part of the cost of a street, curb or sidewalk improvement made by a governmental unit is to be assessed to the property benefited thereby, benefited property owned and platted for cemetery or crematory purposes by a cemetery authority shall be assessed the same as private property. The amount of the assessment shall be paid by the cemetery authority as provided in this section. ~3}fib} out of the first funds received for the sales price of any of such lots, the cemetery authority after setting aside perpetual care and maintenance funds as required by law or otherwise shall credit five ~5} percent of such sales price to a special account for the payment of the assessment until a sum equal to the assessment and any interest due thereon has been so credited. The cemetery has 5o feet of frontage on Lambert Street and has been provided driveway access. PROJECT The project included construction of a 2S-foot wide street with curbs, gutters and storm sewers.