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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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Mr. Roderick did eventually construct the sewer line. From his action and the language of the <br />Cahill letter, Mr. Roderick expects that all of what is now tax lot 1302 to be exempted from <br />assessment. That is not what the Cahill letter indicates, either in language or in context. The <br />context of the letter was based on a discussion of sewer construction along East Anchor Street. <br />The language of the Cahill letter expressly limits the promise not to assess to "the southwesterly <br />portion" of the Roderick property. The present,1996, assessment concerns the northern portion <br />of the Roderick property. Mr. Roderick's claims do not justify an exemption from the proposed <br />assessment. <br />Parcels Previousl Assessed or Assessed for Multi le Sewer Lines <br />Some .parcels are ad j acent to sewers built and made available in earlier construction years, and <br />have been previously assessed for the area within 160 feet of a previously constructed sewer. For <br />these lots, the area not previously assessed and within 160 feet of the 1995 construction is <br />included in the current assessment calculations. Several property owners, including Willard and <br />Verna Dickerson, and Don Leslie, ob jected to having to pay for different sewers on different <br />portions of a single property. <br />The engineering choices that led to installation of multiple sewer lines close to the particular <br />projects were dictated by the overall needs of the sewage system. Several of the parcels in <br />question could be and may at some time actually be divided. At that time the full effect of the <br />present benefit from several adjacent sewer lines will be realized. While it may seem unfair <br />when the cost of the sewer construction falls with particular force on some individuals, it would <br />be no more fair to create special exemptions for some and thereby create other situations of <br />unfairness. The method of assessing all property within the scope of one or more sewers is <br />consistent with previous assessment practices against properties owned by public agencies and <br />individuals inside the City and in the River RoadlSanta Clara area and is done according to the <br />requirements of the Eugene City Code. No change is recommended in this policy. <br />Assessment of a Flagpole Lot <br />Dan and Michelle Bellah objected to the assessment of a portion of their property because the <br />portion sub ject to an assessment is primarily the pole of a flagpole lot. The Bellahs felt that their <br />lot should not be assessed because the portion subject to assessment is not developable. While <br />the distance of 160 feet from the lateral line, which is the distance usually subject to assessment, <br />is based on a measure of practicality in connecting to the sewer system, it is possible to connect <br />to the sewer system from a distance greater than 160 feet. Therefore, the benefit to the entire <br />Bellah property exists, even though it is more difficult to connect with the sewers. The limited <br />benefit is reflected in the smaller amount of the property subject to assessment. The City cannot <br />be expected to make individual policies for each parcel. The cost of such an undertaking would <br />probably lead to more extensive charges for all properties, including such special circumstances <br />SANTA CLARA AREA SEWER BASINS "N" "P" "Q" AND "R" Page 7 <br />FINAL ASSESSMENT -FINDINGS AND RECOMMENDATIONS <br />
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