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Ordinance No. 20469
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Ordinance No. 20469
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Last modified
4/2/2012 1:22:02 PM
Creation date
10/7/2011 1:43:47 PM
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Template:
City Recorder
CMO_Document_Type
Ordinances
Document_Date
12/17/2010
Document_Number
20469
CMO_Effective_Date
6/17/2011
Author
Kitty Piercy
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means of assessments or other means of collecting funds for local <br />improvements if: <br />1. The alternative means is approved by all affected property <br />owners; and <br />2. The city engineer determines that the alternative means <br />adequately protects the city's interest in recovering its costs. <br />(4) Sidewalk assessments. Parcels abutting a sidewalk shall be liable for a <br />proportionate share of the cost of the sidewalk, based on the front footage of <br />the parcel abutting the sidewalk. Where, however, the council finds that the <br />topography makes it unfeasible to construct a sidewalk on both sides of the <br />street, the cost of the sidewalk on one side of the street may be assessed to <br />both the parcels abutting the sidewalk and the parcels on the opposite side of <br />the street from the sidewalk, on the basis of the front footage abutting or <br />directly across the street from the sidewalk, or the costs may also be <br />apportioned on the basis of the area of sidewalk or driveway apron or both <br />abutting each parcel, whichever basis is determined to be more equitable by <br />the council. <br />(9) Without repeating the notice required by section 7.185, prior to enactment of <br />the ordinance levying the assessment required by section 7.190, the proposed <br />assessments for individual parcels of real property calculated under <br />subsection 7.175(2) and section 7.180 may be adjusted by a written <br />agreement between the affected owners and the city engineer provided: <br />(a) No parcel's adjusted proposed assessment exceeds the assessed value <br />of the parcel at the time of the agreement; <br />(b) The proposed adjusted assessment for any parcel subject to <br />subsections 7.160(2) and (3) remains within the limitations imposed <br />under subsections 7.160(2) and (3); and <br />(c) There is no increase in the city's share of project costs or in <br />assessments to other parcels within the project whose owners were not <br />a party to the agreement. <br />Section 4. Section 7.180 of the Eugene Code, 1971, is added to provide as follows: <br />7.180 Local Improvements — Street Assessments. <br />(1) Assessment of Served Properties <br />(a) Except as otherwise provided in this section 7.180, all residential and <br />nonresidential parcels served by a street to be improved shall be <br />assessed for the assessable street improvement components. The cost <br />for the assessable street improvement components for each parcel <br />served by the improvement shall be apportioned in accordance with <br />section 7.175 and subsections 7.180(2) through (5). <br />(b) Even if a parcel is not served by a street being improved, if a parcel is <br />subject to a recorded petition for street improvements as described in <br />section 7.160, it shall be assessed for street improvements, or the <br />person who obtains a permit to develop such a parcel shall pay an <br />equivalent assessment under the circumstances described in <br />subsection 7.180(5). When a parcel is served by two or more streets, <br />the parcel is served by a street when the parcel uses that street for its <br />address. A duplex on a corner lot, or a vacant corner lot that may be <br />developed with a duplex shall be deemed to be served by both streets. <br />Ordinance - Page 3 of 10 <br />
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