Loading...
HomeMy WebLinkAboutORDINANCE NO. 8739~~s - - _- _- No. 8739 An Ordinance providing for sidewalk repair and construction and repair of culverts: i WHEREAS, the City of Eugene has been engaged in constructing sidewalks over a period of many years and various inequalities and defects have developed, ~' few of which require complete reconstruction of sidewalks and almost all of which I,I require fragmentary repairs. That on graveled streets, dri~evaays have been ~~ constructed from the travelled street to the property line vaith defective or no ~ drainage underneath them, and ~ j ti'~`HEREAS, the city incurs liability by reason of accidents and inauries ~I arising out of defects in sidewalks and drainage is being blocked by present j I poor installations under driveways, causing heavy maintenance costs to the taxpayer, and ~ Vr~REAS, it is necessary that the city adopt a comprhensive procedure for ~~ ~~ repair and reconstruction of damaged sidewalks and for the construction.a, repair ~; - and replacement of drainage pipes under driveways or graveled streets, all to be i' ~ in such a mangler that the procedure will not be so cumbersome as to make the cost '~~~ i excessive, and t°YHREAS, Ordinance No. 8615 heretozore passed by the Common Council of the City of Eugene, August 28, 1939 and appro~~ed by the I~llayor August 29, 1939, made provision for the repair of sidewalks, and omitted provisions for drainage pipe under driveways, now therefore ORDINANCE N0. 8739 I An ordinance providing for the construction, reconstruction and repair of culverts under driveways on graveled streets and of the construction, I reconstruction, and repair of cerrlent sidewalks generally in the City of Eugene, i ~ Lane County, Oregon. THE CITY OF EUGENE DOES ORDAIN AS FOLLOV~IS: Section 1. The City Engineer of the City of Eugene is hereby ordered and directed to cause to be made a comprehensive inspection of the sidewalks and ,I culverts of the City of Eugene and to determine those in need of construction, I reconstruction, and repair, and the Common Council of the City of Eugene does hereby determine that it deems it expedient and declares it to be expedient that such sidewalks and ~¢ulverts shall be constructed, reconstructed and repaired at the cost of the abutting property and at the cost of the city at intersections and other portions of the sidewalk or culvert not chargeable to private property. Section 2. This ordinance shall be deemed an autho~cization to the City j Engineer to cause a notice to be given to the property owner in the manner now provided by the sidewalk ordinances of the city and upon expiration of the period ~ prescribed in the notice the Engineer shall cause such construction, r•econstructior ~ and repairs as are necessary to the various sidewalks or culverts and shall wheneve ~ possible collect the cost of the same from the abutting ov~ner and v,henever it is I impossible or impracticable, to collect such cost from the abutting, owner, the ~ Engineer shall proceed in the manner provided for the construction of sidewalks j I by the ordinances of the City of Eugene, to cause the improvement to be made and '~ '~ as;:essed to the abutting property owner where the sidewalk or culvert abuts upon ~~ '; private property and the cost of instersections shall be paid out of the fund ' hereafter provided. In all cases the Engineer shall have authority to procure any necessary materials and labor at the cost of the City and the City to be reimbur•sedll II either by pay.cnent of the owner, the city, or assessment of the property. ;', 11 ~ 1~~ ---- -- ----- -- ------ ---- ---- - - -- - - - - T - 08739 Cont.} Section 3. There is hereby created a fund which shall be provided by the transfer of the monies remaining in the intersection fund, for which no further occasion exists, all intersections having been paid; and which shall be known as the "SIDEV~ALK AND CULVERT REVOLVING FUND" and to which shall be charged also the first cost of sidewalk or culvert:: improvements where the abutting property does not pay and which shall be returned to the "SIDE~ttALK AND CULVEF'T REVOLVING FUND°' from assessments collected pursuant to Section 2. Section 4. All costs shall be reported to the Comrnon Council, including material, equipment and overhead, and the Council shall thereupon examine such report and shall cause City costs to be paid and assessments to be made upon abutting; property in manner provided by the ordinances of the city. Section 5. Any property owner shall have the privilege as provided in the city ordinances to make and comp.,_ete the construction, reconstruction or" repair himself at his own cost and expense under the supervision of the City Engineer. Section 6. All ordinances and parts of ordinances conflicting herev;~ith are hereby repealed except that any proceedings notiv under way brought under ordinance No. 8615 shall be completed as therein provided. Passed by the Common Council A~~~proved by the Mayor this this 27thday of April , 1942 1s/ John Fields City Recorder Pro Tem 28th day of April, 1942. /s/ Elisha Large Mayor ~,