Item 4: Ordinance Levying Assessments for 3rd/4th Connector

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LID was held on April 12, 2006. One property owner attended. A summary of the hearing is attached, labeled as Exhibit A. The only objection expressed that related to the proposed final assessments related to the increase in the cost of the project. The attending property owner was especially affected because previous estimates had been based on a record showing the property smaller than it actually was. This was not an error that warranted reconsideration of the proposed assessments. 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 property 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 the ordinance prepared for the public hearing, levying the assessment as set forth by the City Engineer. ;r/~~ed' ~~ham Hearings Official April 19, 2006 PAVING, CURBS AND GUTTERS, SIDEWALKS, AND RELATED IMPROVEMENTS ON 3rd AND 4th AVENUE FINAL ASSESSMENTS Page 3