HomeMy WebLinkAboutOrdinance 6123 03/21/2005
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AN ORDINANCE AMENDING SECTIONS 3.200, 3.202 AND SECTION 3.204
AND ADDING SECTIONS 3.203 AND 3.205 TO CHAPTER 3 "STREETS" OF THE
SPRINGFIELD MUNICIPAL CODE TO PROVIDE COMPENSATION TO THE CITY
OF SPRINGFIELD WHERE VACATION OF A CITY RIGHT OF WAY RESULTS IN A
SPECIAL BENEFIT TO ABUTTING PROPERTY OWNER
The Common Council of the City of Springfield ordains as follows:
Section 1. Sections 3.200, 3.202, and 3.204 of Chapter 3 "Streets" the Springfield
Municipal Code are hereby amended to read as follows:
"3.200 Vacation--Initiation.
The proposal to vacate a public easement, right-of-way or plat may be initiated by the
Council or by petition of abutting and area owners in accordance with ORS 271.080 et.
seq. and Article 9 of the Springfield Development Code.
3.202 Vacation--Hearing.
The Council, upon hearing a petition for a vacation, shall determine whether the
applicant has demonstrated that the criteria listed in Article 9 of the Springfield
Development Code have been met.
3.204 - Vacation--Assessment.
(1) In addition to payment of the application and publication fees referenced in Section
3.203, a vacation of improved or unimproved public right-of-way, any public way
acquired with public funds, or any undeveloped subdivision or partition plat, or portions
thereof, shall require the payment to the City by the applicant of an amount equal to
the assessment of special benefit resulting or inuring to the abutting property that
results from the vacation and disposition of property to the benefited property owners.
(2) In vacating a public right-of-way, whether initiated by Council, or by petition as
provided by Section 3.200, the assessed v.alue of special benefit that results from the
vacation and disposition of property to the benefited abutting property owners shall
include:
(a) The value of the real property; and,
(b) The costs incurred by the City in the construction of public improvements,
if any such improvements have been made.
(c) The value of any public easements or reservations retained by the City.
(3) The assessment of special benefit and the amount of money to be deposited shall
be recommended by the City Manager and approved by the City Council. The City
Council may waive the assessment of a special benefit if the Council determines it is in
. the public interest.
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ORDINANCE NO. 6123
(4) In determining the value of the special benefit the Council shall consider any .
relevant appraisals the City possesses, public information in the files of the Lane County
Department of Assessment and Taxation or successor agency, and other sources
relevant to the determination of value. The owners may request City to obtain
evidence of value from a licensed real estate appraiser employed by City with the costs
of the appraisal paid in advance by owner.
(5) At least 5 working days prior to the public hearing, the property owner shall deposit
with the City the amount of money recommended by the City Manager. If the Vacation
Application is approved by the City Council, the deposit shall be retained by the City as
directed by the City Council. If the Vacation Application is denied by the City Council,
the deposit shall be returned to the property owner. The property owner shall deposit
the amount of money recommended by the City Manager with the fees for Vacation and
Notice.
(6) In lieu of paying the assessment the owners may make application to pay the sum
of money due in installments, as provided in the Bancroft Bonding Act, in the same
manner as other assessment liens in the City. In such case the City Council shall
include in the Vacation Ordinance the amount of the assessment and direct the Finance
Director to enter such assessment in the docket of City Liens."
Section 2. There is hereby added to Chapter 3, Sections 3.203 and 3.205 of Chapter .
3 "Streets" of the Springfield Municipal Code as follows:
"3.203 Vacation--Application Fees and Requirements. Applications for Vacation
initiated by abutting property owners shall be accompanied by an application fee
established by Council Resolution and an additional amount sufficient to pay the
expenses related to publication of the Vacation Notice. The application must include
the signatures of all property owners underlying or owning property served by the
easement or abutting the right-of-way that is subject to the proposed Vacation.
3.205 Vacation--Notice. Notice of the proposed assessments for benefits shall be given
pursuant to Article 9 of the Springfield Development Code by first class mail or by
personal service to the owners of the property to be assessed no less than 20 days
prior to the public hearing of the vacation application before the Council meeting at
which assessments are to be considered or made. The Notice shall contain a statement
of the names, addresses, and the amount of the proposed assessment of each property
owner's special benefit by the Vacation and the hour, date, and place of the public
hearing at which the City Council will hear objections to the Vacation or assessment."
Section 3. There is no change to Section 3.206 of Chapter 3 "Streets" of the
Springfield Municipal Code.
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Section 4. Severability. If any phrase, clause, or other part or parts of this
Ordinance is found to be invalid by a court of competent jurisdiction, the remaining
phrases, clauses and other part or parts shall remain in full force and effect.
Adopted by the Common Council of the City of Springfield this 21st day of
March , 2005 by a vote of -L in favor and ~ against.
Approved by the Mayor of the City of Springfield this 21st, day of March
2005.
ATTEST:
A~rder
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