(5) In addition to payment of the application and publication fees referenced in <br />subsection (4) above, a vacation of improved or unimproved public right-of-way, any <br />public way acquired with public funds, or any undeveloped subdivision or partition <br />plat, or portions thereof, shall require the payment by the applicant of a deposit equal <br />to the assessment of special benefit that results from the vacation and disposition of <br />property to the benefitted property owners. <br />a) The assessed value of special benefit and the amount of money to be deposited <br />shall be determined by the city manager. The assessed value of special benefit <br />shall include: <br />1. The value of the real property; and <br />2. The costs incurred by the city in the construction of public improvements. <br />b) Notice of the proposed assessment for benefits shall be given by mail to the <br />owners of the property to be assessed no less than 20 days prior to the public <br />hearing of the vacation application before the city council, or in the case of <br />Type II applications, 10 days prior to the issuance of the Planning Director's <br />decision. The notice shall contain a statement of the names, addresses, and the <br />amount of the proposed assessment of each landowner's special benefit by the <br />vacation. Where a public hearing is required, the notice shall also include the <br />hour, date, and place of the public hearing at which the city council will hear <br />objections to the vacation or assessment. <br />c) At least 5 working days prior to the public hearing, or in the case of a Type II <br />application, 5 working days prior to the decision, the landowner shall deposit with <br />the city the sum of money called for by this subsection (5). <br />d) If the vacation application is approved, the deposit shall be retained by the city. If <br />the vacation application is denied, the deposit shall be returned to the landowner. <br />Mill Alley was acquired with public funds; therefore, this requirement applies. Any payments due <br />or deposits required will be paid prior to approval of the vacation. <br />The following submittal addresses all relevant Criteria for Vacation of Improved Public Ways from <br />the Eugene Code for review and approval of the requested vacation. The applicable criteria found <br />in the Eugene Code provisions are in bold format while statements demonstrating conformance <br />with the criteria follow in plain text format. <br />Eugene Code 9.8725 Approval Criteria for the Vacation of Improved Public Right-of-Way, <br />Public Ways Acquired with Public Funds, and Undeveloped Subdivision and Partition <br />Plats: <br />The city council shall approve, or approve with conditions and reservations of easements, <br />the vacation of improved public right-of-way, public ways acquired with public funds, or <br />undeveloped subdivision and partition plats, or portions thereof, including public right-of- <br />way and improved public easements located therein, only if the council finds that approval <br />of the vacation is in the public interest. <br />The vacation is in the public interest and the requirement for city council approval is <br />acknowledged. <br />Vacation of Mill Alley Criteria Statement Page 3 of 3 <br />