HomeMy WebLinkAboutOrdinance No. 20077GRDINANCE NO. 20077
AN GRDINANCE CLARIFYING THE TERM "ABUT" FOR THE
PURPOSE OF CALCULATING THE AMGUNT GF A SPECIAL
ASSESSMENT; AND AMENDING SECTION 7. ~ 70 GF THE
EUGENE CGDE,1911.
The City Council of the City of Eugene finds that:
A. Under provisions of Chapter 7 of the Eugene Code,1971, the City assesses
owners of property specially benefitted by construction of local improvements such as, but
not limited to, streets, sidewalks, street lights, underground utilities, sanitary or storm sewer
facilities, water utility facilities, off-s#reet motor vehicle parking faciities, flood control
facilities, parks, playgrounds, or neighborhood recreation facilities.
B. In making the determinations of whether property is subject to assessment,
the City Council has construed the term "abut" or "abutting" for Chapter 7 of the Eugene
Code, ~ 971 to mean that property is subject to assessment if the property is special)
y
benefitted by the improvement, regardless of whether the property: ~~ } is immediately
adjacent to the Iocal improvement for the full frontage of the property; ~2} is immediately
adjacent to the local improvement for part of the frontage and is separated from the
improvement by part of the public way for the remainder of the frontage; ~3} is immediately
adjacent to the Iocal improvement for part of the frontage and is separated from the
improvement by a separate parcel that is part of the public way for the remainder of the
frontage; ~4} is separated from the local improvement by a thin or wide area of the public
way; or ~5} is separated from the local improvement by a separate parcel that is part of the
public way.
C. fn a recent decision, a Lane County Circuit Court Judge has construed the
term differently, in a manner not consistent with either the City Council's intent or the
manner in which the City has applied the Code. The City disagrees with the interpretation.
It would, however, be in the public interest to amend the Eugene Code, ~ 971 to clarify the
Council's intent in the use of the term "abut" or "abutting" in Chapter 7 of the Eugene Code,
1911 as referenced in finding B above.
Now, therefore,
THE CITY OF EUGENE DOES GRDAIN AS FOLLD'WS:
Section 1. Based on the above fnd`rngs, which are hereby adopted, Section 7.170
of the Eugene Code, 1971, is amended to provide:
Ordinance -1
?.170 Local Im ravements -Assessments - Com utation.
~1 } For a local improvement ordered by the council the total estimated cost
or the total cast of the improvement shall be computed by the city engineer and shall
include but not be limited to the costs of constructing the improvement, en ineerin ,
. .. ~, g 9
rnterest on warrants, advertrsrng, and provrdrng notice of assessments and overhead. The
city engineer shall apportion the total estimated cost ar the total cost of the im rovement
. p
rn accordance with section 7.175.
~2} For purposes of assessing property under chapter l of this code,
property shall be deemed to abut a local improvement, whether the local improvement is
a sidewalk, street, or other local improvement, if the property physically touches ~i.e. is
directly adjacent toy a public way within which the local improvement is located.
Section 2. The City Recorder, at the request of, or with the concurrence of the City
Attorney, is authorized to administratively correct any reference errors contained herein or
in other provisions of the Eugene Code, 1971, to the provisions added, amended or
repealed herein.
Passed by the City Council this Approved by the Mayor this
7th day of January, 1997
~-~ e~ ~
City Rec rder
ordinance - 2
2lth day of January, 1997