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HomeMy WebLinkAboutOrdinance No. 19210ORDINANCE NO. AN ORDINANCE ADJC~STING ASSESSMENTS LEVIED BY ORDINANCE N0. 19143 ENTITLED "AN ORDINANCE LEVY- ING ASSESSMENTS FaR paving, sanitary sewer and storm sewer on Country Club Road from I-145 to Willagillespie Road, and on Willagillespie Road from Country Club to 304 feet south of Clinton Avenue; and storm sewer in area between Country Club Road and I~-105 in the City of Eugene, Lane County Oregon"; AND DECLARING AN EMERGENCY. A. On February 28, 1983, Ordinance No. 19103 entitled "AN ORDINANCE LEVYING ASSESSMENTS FOR paving, sanitary sewer and storm sewer on Country Club Road from I-105 to ~~illagillespie Road, and On Willagillespie Road from Country Club to 340 feet south of Clin- ton Avenue; and storm sewer in area between Country Club Road and I-145 in the City of Eugene, Lane County, Oregon" was enacted creating assessments on the individual unit ownerships and their interest in the common elements of the Country Club Gardens Condo- minium. B. On October 14, 1953, the Oregon State Circuit Court for Lane County in the Writ of Review proceedings "Archie Weinstein v. Common Council of the City of Eugene", Case No. 16-82-03G24 deter- mined the City Council "committed error in its adoption of the change in assessment allocation in the matter herein", directed the City Council to revise the assessment allocation "to its initial equal assessment", and ordered "any overpayment be returned to petitioner WEIN5TEIN." C. The cost of following statutory reassessment procedures and the apparent unequal treatment that will result because of the exclusion of assessments that have been paid, makes a reduction of Ordinance - 1 ~9zi0 five assessments within the Country Club Gardens Condominium owner- ships the most economical and fair way to accomplish the Circuit Courts order . THE CITY OF EUGENE DOES oRDAZN AS FQ~,L,QWS: Section 1. The finance officer of the City of Eugene is direct-~ ed to reduce the following assessment accounts created by Ordinance No. 19103, adopted February 28, 1983, by the amount shown apposite the account number: Account No. Amount of Reduction 8100230240 $309.53 510023-0250 $205.27 810023-0260 $215.70 810023-0270 $302.31 810023-0250 $284.76 Section 2. If the assessment account has been paid, the finance officer is directed to refund the amount of overpayment to the person who paid the assessment. As of the effective date of this Ordinance, any interest accruing and unpaid against the original assessment shall be the obligation of the property assessed and interest there- after shall be calculated on the reduced assessment. Section 3. The finance officer is directed to transfer $1, 3 2 0.5 7 from the Street and Sewer Bond Fund to the Warrant Redemption Fund as an increase in the City's share of the cost of the public improvements authorized by Resolution No. 3463 adopted January 26, 19 81. Section 4. That the matters contained herein concern the public Ordinance -~ 2 /ql/0 welfare, and further, to insure compliance with the order of the Lane County Circuit Court, an emergency is hereby declared to exist, and this Ordinance shall become effective immediately upon its passage by the City Council and approval by the Mayor. Passed by the City Council this day of 1983 Eqs. Ci Recorder Appxoved by the Mayor this da of 1983 ,~ ~f ~ ~~ -,,~ Mayor ordinance - 3.