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GRDINANCE NO. 20077 <br />AN GRDINANCE CLARIFYING THE TERM "ABUT" FOR THE <br />PURPOSE OF CALCULATING THE AMGUNT GF A SPECIAL <br />ASSESSMENT; AND AMENDING SECTION 7. ~ 70 GF THE <br />EUGENE CGDE,1911. <br />The City Council of the City of Eugene finds that: <br />A. Under provisions of Chapter 7 of the Eugene Code,1971, the City assesses <br />owners of property specially benefitted by construction of local improvements such as, but <br />not limited to, streets, sidewalks, street lights, underground utilities, sanitary or storm sewer <br />facilities, water utility facilities, off-s#reet motor vehicle parking faciities, flood control <br />facilities, parks, playgrounds, or neighborhood recreation facilities. <br />B. In making the determinations of whether property is subject to assessment, <br />the City Council has construed the term "abut" or "abutting" for Chapter 7 of the Eugene <br />Code, ~ 971 to mean that property is subject to assessment if the property is special) <br />y <br />benefitted by the improvement, regardless of whether the property: ~~ } is immediately <br />adjacent to the Iocal improvement for the full frontage of the property; ~2} is immediately <br />adjacent to the local improvement for part of the frontage and is separated from the <br />improvement by part of the public way for the remainder of the frontage; ~3} is immediately <br />adjacent to the Iocal improvement for part of the frontage and is separated from the <br />improvement by a separate parcel that is part of the public way for the remainder of the <br />frontage; ~4} is separated from the local improvement by a thin or wide area of the public <br />way; or ~5} is separated from the local improvement by a separate parcel that is part of the <br />public way. <br />C. fn a recent decision, a Lane County Circuit Court Judge has construed the <br />term differently, in a manner not consistent with either the City Council's intent or the <br />manner in which the City has applied the Code. The City disagrees with the interpretation. <br />It would, however, be in the public interest to amend the Eugene Code, ~ 971 to clarify the <br />Council's intent in the use of the term "abut" or "abutting" in Chapter 7 of the Eugene Code, <br />1911 as referenced in finding B above. <br />Now, therefore, <br />THE CITY OF EUGENE DOES GRDAIN AS FOLLD'WS: <br />Section 1. Based on the above fnd`rngs, which are hereby adopted, Section 7.170 <br />of the Eugene Code, 1971, is amended to provide: <br />Ordinance -1 <br />