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<br />EXHIBIT B <br />Administrative Rule R-7.280 <br />ADMINISTRATIVE ORDER N0, 58-9G-23-F <br />of the <br />City Manager of the City of Eugene <br />STREET TREE PRUGRAM <br />ADMINISTRATIVE RULE R-7.280 <br />The City Manager of the City of Eugene finds that: <br />A. Section 2.019 of the Eugene Code, 1971, authorizes the City Manager to adopt rules <br />for implementation of any provisions of that Code. Section 7.280 establishing policies, standards <br />and procedures for the City's Street Tree Program was added to the Eugene Code, 1971, by <br />Ordinance Na. 20056 passed by the City Council and approved by the Mayor on August 5,1996. <br />B. In accordance with the procedures set forth therein, on December 5,1996 the City <br />Manager Pro Tem issued Administrative Order No. 5$-96-23 proposing the adoption of the Street <br />Tree Program Administrative Rule R-7.280 as proposed therein, in order to ensure that the City's <br />Street Tree Program is implemented in a manner that is in compliance with the newly adopted <br />provisions of the Eugene Cade,1971. Notice was provided to the Mayor and City Councilors, posted <br />at two locations at City Hall on December 9,1996, published in the Register Guard, a newspaper of <br />general circulation within the City for five consecutive days, to-wit, December 9,10,11,12,13, <br />1996, and made available for inspection by interested persons at the office of the City Manager, 777 <br />Pearl Street, Eugene, Oregon 97401 during normal business hours X8:00 a.m. to 5:00 p.m., Monday <br />through Friday, exclusive of holidays}, <br />C, The notice provided that interested persons could submit written comments thereon <br />for a period of thirty X30} days from the first date of publication and posting. Written comments <br />were received from Kathy Bruebaker of the Hame Builders Association of Lane County, Futuxe <br />Homes, Wade Fletcher, Benchmark Northwest, Jim Breeden of Breeden Brothers, and Bart Wardwell <br />of Benchmark Northwest, to which I make the following findings: <br />Comment 1: We need an exemption for the South Hi11s where there is no room to <br />plant trees within the right-of-way because existing trees have been preserved and left within <br />that right-of way. <br />Findin : It is agreed that the ability to obtain an exemption from planting street trees <br />is needed for those cases where the terrain will not allow proper planting and for cases where <br />existing properly located trees can be preserved within the right-of way. Rule R-7.280-Chas <br />been revised to incorporate such an exemption. <br />Exhibit B to Street Tree Plan Agreement 7 ~. '~ <br />