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HomeMy WebLinkAboutOrdinance No. 19093ORDINANCE NO. ~5~~ AN ORDINANCE CONCERNING ZOCA~ IMPROVEMENTS; AND .AMENDING SECTIONS 7.166, 7,180, 7,190, AND 7.235 OF THE EUGENE CODE, 1971. THE CITY OF EUGENE DOES ORDAIN AS FO~,LOWS: Section 1, Section 7,166 of the Eugene Code, 1971, is hereby amended to read and provide: 7,166 Local Tm rovements - Hearing on Intent to Im rove. ~ 1} Prior to award of a local, improvement contract, the council, a committee thereof or a hearing officer assigned by the city manager shall hold a public hearing to consider remonstrances or objections to the improvement and report the. results of the hearing to the council,. The city engineer shall provide at the public hearing an estimate of the probable unit cost to be assessed to properties within the improvement dis- trict, an estimate of the city costs which would be incurred, and a recommendation on whether or not an improvement should be made. ~~} Tf a remonstrance is filed by a majority of the owners of property within the improvement district, the per- centage to be calculated as speca~f ied in section 7 , l6 0 ~ l } ~ c } , no contract may be awarded unless the council, after consider- ing the necessity of the improvement,~approves the improvement, by a vote of two-thirds of. the members of the council. ~3} After considering objections and remonstrances, if any, the council may- approve the improvement, may delay approval for up to 45 days, may modify the improvement and call for new bids thereon, or decide to abandon the improvement. If the council decides to make the improvement, the city manager shall award the contract therefore and a notice of an intention to levy an assessment shall be mailed to~each title company known by the council to be conducting business inside the city, Pending levy of the assessment, each title company receiving the notice shall record the intent on any title search report issued for property located within the local improvement dis- tr1Ct. Section Z. Subsection ~e}4, of Section 7.180 of the Eugene Code, 1971, is hereby amended to read and provide: 7.180 (e) 4. Trunk sewer system.. Provided it has con-- nected to ~the~~~~~~~~s~anitary sewer system or is a part of a sanitary sewer project under contract before Ordinance - 1 lgo9.3 September 1, 1984, property which has been annexed. to the city by March 1, 1983, or property for which the city has accepted annexation petitions by March 1, 1983, shall be charged $.~a5 per square foot of total area. All other property shall be sub- ject to a charge of $.425 per square foot of total area at the time of connection to the sanitary sewer or at the time of contract award far a sani- tary sewer project benefiting the property which- ever first occurs. For large properties, the council may decide to levy this assessment only on the portion of property included on the lateral system assessment. The remaining area shall be assessed for the trunk sewer when it is served with the lateral sewer system or developed and connected to the sewer system. This subparagraph shall not apply to property annexed to the city prior to January 1, 1948, ar property previously assessed for the trunk sewer system. Section 3. Section 7.18 of the Eugene Code, l9?l, is hereby amended to read and provide: 7.19Q Local Im rovements -~ Assessment Ordinance. After the cauncil, a committee thereof or a hearing officer assigned by the city manager has heard and considered objec- tions., if any, to the proposed assessment ordinance and report- ed the results of the hearing to the cauncil, the council may adopt, correct, modify, or revise the proposed assessment to be charged against each lot within the district, according to the special benefits accruing thereto from the improvement, and shall by ordinance levy the assessments. Section 4. Section 7.25 of the Eugene Code, 19?l, is hereby amended to read and provide. 7. X35 Local Im rovements -~ Deficit Assessment. In the event that an assessment is made before the total cost of the improvement is~ascertained and it is found that the amount of the assessment is insufficient to defray the expenses of the improvement, the council may, by oration, declare the deficit and prepare a proposed deficit assessment. The cauncil shall set a time for the council, a committee thereof, or a hearing officer assigned by the city manager to hear objections to the deficit assessment and shall direct the finance officer to notify the owners of each lot or parcel to be assessed, as provided in section 7.185. After the hearing, the council shall receive a report of the hearing and shall make a just and equitable deficit assessment by ordinance, which shall be entered in the docket of city liens as provided by section Ordinance - 2 19093 7.225. Notice of the assessment shall be sent to the owner in accordance with section 7.193 and the collection of the assessment shall be made in accordance with sections 7.193 and 7.225. Passed by the City Council this loth day of February 1983 i~~ ~.~ City Re order Approved by the Mayor this 14th da of February! 1983 ,~ ,... ~ .~ ~. f ,~ ,~ Mayor EFFECTIVE 6 MONTHS FROM THE DATE COUNCIL PASSED THIS ORDINANCE AUGUST 14, 1983 PER SECTION 39 OF CHARTER OF CITY OF EUGENE. ordinance -- 3.