Ordinance No. 20453 - Laserfiche WebLink

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discuss the proposed assessments. A final hearing on the proposed assessments was held on February 2, 2410. The minutes of that hearing are attached as Exhibit A. In addition, one property owner, LANCO Investments, has written a letter "rejecting" the assessments. The property owner claims that the property was purchased in the summer of 2009, probably after the formation of the local improvement district. Their objection stems from the claim that access to the property is blocked by a utility pole and guy wire in the public right of , way. The objection is not timely. The previous owners of the property had signed an irrevocable petition for the assessments, and had not raised any objection to the calculation that this particular property was benefitted by the improvement at the time the local improvement district was formed in 2009. In addition, it is not clear from the evidence submitted by LANCO Investments that the access to their property is actually blocked by the utility pole. The photographs suggest instead that the problems with access, if there are any, actually come from encroachments by the abutting property onto the panhandle portion of the property in question. The Hearings Official does not recommend any modification of the proposed assessments because of this objection. FINDINGS AND RECOMMENDATION Notice of the public hearing was provided and all the property owners were given an opportunity to participate in the hearings. Appropriate notice was given of the public hearing and pending Council action, as required by the Eugene Charter and Code. Letters informing property owners of the hearing and notification to property owners of the intent of the City to characterize the assessment as an assessment, not a tax, as required by ORS 305.583(5) were mailed to the property owners. The Hearings Officer finds that the project is one for which the assessments are for local improvements as set forth in ORS 310.410 because 1. The assessments do not exceed actual costs; 2. The assessments are imposed for a capital construction project that provides a specific benefit for a specific properly or rectifies a problem caused by a specific property 3. The assessments are imposed in a single assessment upon completion of the project; and 4. The assessments allow the property owners to elect to pay the assessment with interest over at least ten (10) years. The Hearings Official also finds that the proposed final assessment, calculated and recommended by the City Engineer is reasonable and consistent with the Eugene Code. The Hearings Official recommends that the Council act in accord with the City Engineer's recommendations, adopting PROPOSED FINAL ASSESSMENTS FOR ELMIRA ROAD AND MAPLE STREET Page 3