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Ordinance No. 20046
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Ordinance No. 20046
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Last modified
6/10/2010 3:48:37 PM
Creation date
11/25/2008 3:30:35 PM
Metadata
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Council Ordinances
CMO_Document_Number
20046
Document_Title
An ordinance levying assessments for sanitary sewers in the Santa Clara area for Basins "N", "P", "Q", and "R"; and delcaring an emergency.
Adopted_Date
5/13/1996
Approved Date
5/13/1996
CMO_Effective_Date
5/13/1996
Signer
Ruth F. Bascom
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PUBLIC :NEARING <br />A public hearing concerning the final assessment was held on April ~ 7, ~ 996, at 6:OO p.m. in the <br />McNutt Room of the Eugene City Hall, 777 Pearl Street. Hearings Official Milo Mecham <br />presided. A copy of the minutes of that hearing are attached as Exhibit A. A copy of the <br />Memorandum provided by City Staff is attached as Exhibit B and Exhibit C. <br />As described in the minutes, eight members of the public spoke at the hearing. Their comments <br />focused primarily on the appropriateness of assessment of their individual property. Since these <br />comments require a particular response, they can be addressed in the findings section below. <br />FINDINGS AND RECGMMENDATIGNS <br />Prn~Pr~~~rP <br />The Hearings official finds that notice of the public hearing was provided and the public hearing <br />was conducted in accordance with the relevant provisions of the Eugene Code. <br />Method of Assessment <br />Several property owners ~Kjosness and Santacroce~, in letters and by testimony at the hearing, <br />challenged the method of assessing property by area, rather than by usage. The method of <br />assessment by square footage is set forth in Eugene Code 7.175. The City has on numerous <br />occasions reviewed this method of assessment. The Council's decision has always been that no <br />other method would be more equitable than the one historically used by the City. The alternative <br />of assessing properties according to the potential sewer usage suggested by several members of <br />the public appears to be significantly more expensive to implement and subject to a great deal <br />more dispute. Assessment by area is, to a certain extent assessment by usage, because larger lots <br />can be more intensively used. Even the discrepancy that is claimed to exist because some <br />persons lots are nearly the same size, but have more or less area within 160 feet of the sewer line <br />reflects the potential usefulness of the sewer hookup to that portion of the property that can be <br />more intensively developed with the availability of sewers. The Hearings Official does not <br />recommend any change is the method of assessment. <br />Assessment of Parcels in Common Ownership <br />Several persons expressed concern about the City's policy of assessing parcels in common <br />ownership where one parcel abuts the street where the sewer is being installed and the other <br />parcel is behind the first parcel Whittle, Roderick. Where a parcel is within 160 feet of the <br />street where sewers are being installed, but is separated from the street by different ownership, <br />the city does not assess the property because it will be difficult for the property to gain access to <br />the sewer. This is not true when the two parcels are in common ownership, and therefore the <br />SANTA CLARA AREA SEWER BASINS "N" "P" "Q" AND "R" Page 5 <br />FINAL ASSESSMENT -FINDINGS AND RECOMMENDATIONS <br />
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