HomeMy WebLinkAboutORDINANCE NO. 87932 ~9
ORDINANCE N0. 8793.
An Ordinance declaring the intention of the CommonCouncil of the City
of Eugene to make a reassessment of the cost of constructing a didewalk oa
the south side of Viest Broadway between Polk and Tyler Street in the City of
Eugene, as the same shall abut upon the north 199 feet of lot 1, in block 2,
Lill's Addition to Eugene, Lane County, Oregon, and fixing a time and place
for holding a meeting of the Common Council at which all protests against
such reassessment shall be heard and directing the giving of notices.
b'HEREAS, heretofore the City of Eugene by improvement Ordinance No.
8722 passed by the Common Council on the 9th day of March 1942, and approved
by the Mayor on the 10th day of March 1942, cuased a sidewalk to be construc-
ted on the south side of west Broadway between Polk and Tyler streets, and
t°,WHREAS, upon the completion of siad walk the Common Council by
Ordinance No. 877 passed by the Common Council on the 22nd day of November
1943 and approved by the N1~yor the 26th day of November 1943, caused assess-
ments to be made upon the abutting rpoperty and particularly against the
north 100 feet of lot 1, in block 2, Lillis Addition to Eugene, and said
assessOment was made bayed upon a waiver siganed by Delbert N. Swanson and
also a contract signed by Delbert N. Swanson waiving notice and asking that
the sidewalk be built including engineering costs and authorizing the City
to establish a lien against the north 100 feet of lot 1, in block 2, in
Lill's addition to Eugene, Lane County, Oregon, and
V,Ff3EREAS, The property at that time was owned by Delbert N. Swanson
and Ella L. Swanson as tenants by the entirety and the said Ella L. Swanson
filed to sign the waiver and agreement, and
V~'HEREAS, The sidewalk has actually been constructed and the actual
cost of such construction including the costs of inspection was and is the
sum of X115.68 and interest from the date of said assessment, to-wit:
November 26, 1943, and
WHEREAS, the property at all times herein was owned by Delbert N.
Swanson and Ella L. Swanson and because of failure to give her notice, and
failure to pause her to sign the waiver and contract, the Common Council is
of the opinion that such assessment as hereinafter set out is an illegal and
doubltful assessment by reason of the irregularities in the manner of the
assessment without notice to Ella L. Swanson,
Now Therefore,
THE CITY OF EUGENE DOES ORDAIN AS FOLLOV`JS:
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Section 1. That the Common Council of the City of Eugene having con-
sidered the matter deems that the assessment heretofore levied against the
following described land to,wit:
~a)
Names of owner at time of assessment,
Delbert N. Swanson and Ella L. Swanson:
Names of Present owners
Delbert T9T. Swanson and Ella L. Swanson:
The North 100 feet of lot 1, block 2, Lill's Addition.
to Eugene Lane Couhty, Oregon 115.68
is illegal and doubtful by reason of the fact that Ella L. Swanson did not
join her husband in the waiver agreement and the agreement that the assess-
went should be made tivithout notice.
Section 2. The Common Council of the City of Eugene does therefore
declare by this ordinance its intention to make a reassessment of the cost
of constructing the sidewalk abutting upon the north. 100 feet of lot 1,
block 2, Lill's addition to Eugene, as follows:
ia~
Delbert N. Swanson & Ella L. Swanson
The north 100 feet of lot 1, block 2, Lill's Addition
to Eugene,' Lane County, Oregon X115.68
and does hereby declare its intention to asses the cost thereof upon the
property abutting upon, adjacent to and benefited by the improvement as
above set forth in the above stated amounts, all of the foregoing to bear
interest from the date of the original assessment, to-wit: March 28, 1943 at
6 per cent per annum, and the Council does further declare its intention to
exonerate and discharge the first described list of property from the assess-
ments so erroneously declared and levied upon it.
Section 3. A hearing shall be held mpon the matter of making said
reassessment at the office of the City Recorder in the City Hall in the City
of Eugene at the hour of 7:30 p.m. of Monday the 10th day of July, 1944 at
which time all protests and objections against such reassessment shall be
heard.
Section 4. The City Recorder of the City of Eugene is hereby directed
to publish a notice embodying the provisions of this ordinance and requiring
all persons interested to appear at said meeting and state their objections
to said reassessment said notice to be published once in the Eugene Register
Guard, in Eugene, Oregon, snd said Recorder is further directed to post copies
of said notice in five public places in said City, all at lust ten days before
the date of such meeting.
Section 5. That the time of such reassessment, the original erroneous
assessment against the property described in section 1 hereof shall be released
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from said assessment and the same shall be assessed to the property as here
in set out in section 2 hereof.
Section 6. That at such hearing the Council shall hear and determine
all objections that shall be filed and shall, thereupon, if necessary, revise
and correct such reassessment and shall declare the same by Ordinance to btu
a lien upon the respective properties assessed and the decisions of the
Common Council so made shall be final with respect to the regularity, validity
and correctness of this reassessment, and such reassessment shall be entered
in the docket of the City Liens and enforced and collected in the same manner
in which other reassessments on City improvements are entered, enforced and
collected under the provisions of the charter and the laws governing the City
of Eugene.
Passed by the Common .Council
this 26th day of June 1944.
/s/ John Fields
Recorder pro .tem
Approved by the Mayor this
27th day of June, 1944.
_ _ /s/ Elisha Lame
Mayor
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