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Item 8: An Ordinance Concerning Assessments for Street Improvements
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Item 8: An Ordinance Concerning Assessments for Street Improvements
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12/13/2010
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specially benefited by local improvements. Upon enactment of such an <br />ordinance, the finance officer by first class mail shall give notice of the <br />assessments to the owners of the assessed parcels. The notice shall state <br />that each assessment may be paid in full, without interest, within ten days <br />after the date of the assessment ordinance and that, if the assessment is not <br />so paid, interest on the unpaid balance of the assessment will accrue as <br />prescribed in the assessment ordinance until the assessment is paid, unless <br />payment of the assessment is deferred in accordance with chapter 7 of this <br />code[. under section 7.200]. The notice shall also state that the assessment <br />may be paid in installments according to the terms set forth in the assessment <br />ordinance, and shall include an application for so paying the assessment. <br />(2) <br /> Unless otherwise specified by this code or by assessment ordinance, <br />reference in this code to making assessment or lien payments in installments <br />shall mean paying the obligation in up to 119 monthly installments or twenty <br />(20) semi-annual installments including principal and interest at the rate set <br />under section 2.022 of this code. <br />(3) <br /> In addition to any deferral, extension or modification of payments authorized <br />by this chapter, an assessment may be modified, compromised or canceled <br />as provided in section 2.582 of this code. <br /> <br /> <br />Section 6. <br /> Section 7.193 of the Eugene Code, 1971, is added to provide as follows: <br />7.193 Local Improvements – Deferral of Street Assessments. <br />(1) To the extent a funding source is available from a public entity or any <br />other source approved by the council at the time the project is initiated <br />that will provide the city with sufficient funds to ensure no initial cost to <br />the city or affected property owners for the construction of the local <br />improvements, parcels with an owner occupied single family dwelling or <br />an owner occupied duplex dwelling assessed for street improvements <br />may defer payment of the assessment until sale or transfer of the parcel. <br />(2) The deferred assessment shall become a lien on the property. The lien <br /> at a <br />shall accrue interest from the date it is levied until the deferral ends <br />variable rate to be adjusted annually to reflect the city’s costs in <br />providing the funding source. When the deferral ends, payment of <br />the assessment and accrued interest shall be made as provided in <br />section 7.190 <br />. <br />(3) An assessment deferred pursuant to this section is not subject to the <br />requirements and criteria set forth in section 7.195 – 7.220 of this code. <br />(4) Property owners deferring payment pursuant to this section are not <br />eligible to participate in the Improvement Assistant Program. <br />(5) A deferral under this section shall terminate if: <br />(a) The owner granted the deferral sells or transfers to any other party <br />fee title or a possessory interest in the parcel to which the deferral <br />pertains, except sales or transfers between persons related by <br />blood, marriage or adoption; or, <br />(b) Title to the parcel passes to another party by devise or intestate <br />succession; or, <br />(c) The owner granted the deferral ceases to occupy the dwelling. <br /> <br />Ordinance - Page 11 of 13 Version A <br /> <br />
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