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<br />results from the vacation and disposition of property to the benefitted property <br />owners. <br />(a) The assessed value of special benefit and the amount of money to be <br />deposited shall be determined by the city manager. The assessed <br />value of special benefit shall include: <br />1. The value of the real property; and <br />2. The costs incurred by the city in the construction of public <br />improvements. <br />(b) Notice of the proposed assessment for benefits shall be given by mail to <br />the owners of the property to be assessed no less than 20 days prior to <br />the public hearing of the vacation application before the city council, or <br />in the case of Type II applications, 10 days prior to the issuance of the <br />Planning Director's decision. The notice shall contain a statement of the <br />names, addresses, and the amount of the proposed assessment of <br />each land owner's special benefit by the vacation. Where a public <br />hearing is required, the notice shall also include the hour, date, and <br />place of the public hearing at which the city council will hear objections <br />to the vacation or assessment. <br />(c) At least 5 working days prior to the public hearing, or in the case of a <br />Type II application,S working days prior to the decision, the land owner <br />shall deposit with the city the sum of money called for by this subsection <br />(5). <br />(d) If the vacation application is approved, the deposit shall be retained by <br />the city. If the vacation application is denied, the deposit shall be <br />returned to the land owner. <br />(6) For vacations of improved or unimproved right-of-way, the application must <br />include the required consent from surrounding property owners as set forth in <br />ORS 271.080(2). <br />(7) For vacations of unimproved public easements and improved public <br />easements, the application must include the signatures of all property owners <br />and owners of property adjacent to the easement being vacated. <br /> <br />Section 72. The lead paragraph of Section 9.8715 of the Eugene Code, 1971, is <br /> <br />amended to provide: <br /> <br />9.8715 <br /> <br />Approval Criteria for the Vacation of an Unimproved Easement. The planning <br />director shall approve, approve with conditions, or deny the vacation application. <br />Approval or approval with conditions shall be based on all of the following. <br /> <br />Section 73. Section 9.8720 of the Eugene Code, 1971, is amended by adding a new <br /> <br />Subsection (4) thereto, to provide: <br /> <br />9.8720 <br /> <br />Approval Criteria for Vacation of Improved Easements. Unimproved Public <br />Riaht-of-Way. and Vacation and Rededication of Unimproved Public Riaht-of- <br />Way. The planning director shall approve, approve with conditions, or deny the <br />vacation application. The application shall be approved if the vacation is found to be <br /> <br />Ordinance - 37 <br />