Cross-reference:
Public contracts, see Ch. 35
This subchapter shall be known as the Improvement District Ordinance of the city.
(Ord. 431, passed 8-23-61)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Local Improvement. Opening, laying, widening, extending, altering, changing the grade of, constructing, reconstructing, or repairing any street, alley, curb, gutter and sidewalk; constructing, reconstructing or repairing any sewer, drain, or system thereof; laying or installing any water main or lateral; acquiring, establishing, or reconstructing any off street motor vehicle parking facilities; acquisition of land and equipment for installation of park, playground or neighborhood recreation facility; installation of underground wiring, ornamental street lights; or performing any other public work for which an assessment may be made on the property specially benefited.
Lot. Lot, block or parcel of land.
Owner. The owner of the title to real property or the contract purchaser of real property, of record, as shown on the last available complete assessment roll in the office of the County Assessor.
Property Benefited. All property specifically benefited by the improvement, the relative extent of benefit to be determined by any just and reasonable method of apportionment of the total cost of the improvement between the properties determined to be specially benefited therefrom.
(Ord. 431, passed 8-23-61; Am. Ord. 1124, passed 3 13 78)
(A) Whenever the City Council shall determine, either after petition by property owners or on their own motion, to proceed to make an improvement to be paid for in whole or in part by the property benefited, they shall, by motion, direct the City Manager to have the following report prepared containing the following information and any other information requested by the City Council.
(1) A description of the work proposed to be done;
(2) Preliminary plans and outline specifications for improvement;
(3) A description of the boundaries of the proposed improvement district;
(4) A just and reasonable method for apportioning the costs of the improvements to the properties benefited;
(5) A list of the properties benefited by improvement, including the name of the owner of each property benefited and the address of the owner; the assessed valuation of each property, adjusted in accordance to ORS 223.220; and a statement of the amount of outstanding assessments against any property proposed to be assessed by the improvement;
(6) The estimated total cost of the improvement including all legal, engineering and administrative costs;
(7) The proportionate cost of the improvement to be assessed to each benefited property;
(8) The portion of the cost of the improvement to be borne by any city funds, if any.
(B) The City Manager shall have a copy of the report filed in the office of the Finance Director/Recorder when completed.
(Ord. 431, passed 8-23-61)
(A) In proposing a method of assessment of the costs of the improvement, the following shall be considered.
(1) The use of any just and reasonable method of determining the extent of the district boundaries consistent with the benefits derived;
(2) The use of any method of apportioning the sum to be assessed as is just and reasonable among the properties determined to be specially benefited;
(3) Payment by the city of all or any part of the cost of any improvement when, in the opinion of the City Council, on account of topographical or physical conditions, unusual or excessive use by the general public or other character of the work involved, or when the Council otherwise believes the situation warrants; provided that proportion to be paid by the city represents a reasonable relation between the benefits derived by the property specially assessed and the benefits derived by the city as a whole.
(B) Nothing herein contained shall preclude the Council from using other available means of financing improvement, including federal or state grants in aid, sewer service or other types of services or charges, revenue bonds, general obligation bonds, or other legal means of finance. In the event any of the other means of finance are used, the Council may, in its discretion levy special assessments hereunder according to benefits to cover any part of the costs of the improvement not covered by such means.
(Ord. 431, passed 8-23-61)
(A) When improvement has been completed, the City Council shall, by ordinance, provide for the assessment of the benefited properties and for the apportionment of the assessment to the individual lots within the district.
(B) In determining the cost of the improvement, the following shall be added to the contract price of the work:
(1) The cost of right of way;
(2) Condemnation expenses;
(3) Cost of engineering;
(4) Cost of supervision;
(5) Cost of inspection;
(6) Cost of advertising;
(7) Legal expenses; and
(8) Any other necessary and proper expenses, which costs shall be a part of the amounts assessed to the benefited properties.
(C) The final assessment ordinance shall provide that the assessments against the benefited properties shall be a charge and a lien against the assessed properties. (Ord. 431, passed 8-23-61)
(A) Claimed errors in calculation of assessments shall be called to the attention of the City Manager prior to any payment on account thereof. The City Manager shall check the calculation and report his findings to the Council.
(B) If an error has been made, the Council shall amend the final assessment ordinance to correct the error. Upon the enactment of an amendment by the City Council, the Finance Director/Recorder shall make the necessary correction in the lien docket and shall send by registered or certified mail to the owner a corrected notice of the assessment.
(Ord. 431, passed 8-23-61)
The provisions of ORS 223.405 to ORS 223.485, concerning reassessments after assessments are set aside for any reason, or when the courts refuse enforcement of assessments, or when the City Councilis in doubt as to the validity of the assessments, are hereby adopted and made a part of this subchapter.
(Ord. 431, passed 8-23-61)
(A) Resolution to create districts.
(1) After the City Manager's report has been filed with the Finance Director/Recorder and after the City Council has examined the report and found the same to be satisfactory, and the estimated cost and apportionment thereof to be reasonable and just, and after having found the boundaries of the improvement district to be properly determined, the City Council shall, by resolution, propose to make an improvement, and to create a local improvement district.
(2) The resolution shall also state the boundaries of the district, the proposed method of apportioning the costs of the improvement among the property owners; the portion of the cost, if any, which the city shall pay; and that the portion of the costs which are assessed to the property owners shall be a charge and lien upon the properties benefited.
(3) The resolution shall also set the date for a public hearing and shall direct the Finance Director/Recorder to publish a notice of the hearing as required by ORS 223.389.
(B) Ordinance to create districts.
(1) After the time for filing remonstrances has expired, and after the public hearing, if the local improvement district has not been objected to by the owners of 60% of the property benefited the Council may, by ordinance, provide for the creation of the local improvement district.
(2) The above-mentioned ordinance shall describe the improvement to be made and the boundary of the district. The ordinance shall also provide that the costs of the improvement which are assessed against the properties benefited shall be charges and liens against the property.
(3) The city may enforce collection of assessments as provided by ORS 223.505 to 223.650, or in any other manner provided by law.
(4) In creating the local improvement by ordinance, the Council shall consider the objections and remonstrances made thereto, and the reasons stated therefor. The Council may correct, modify or revise the proposed assessments and shall determine the amount of assessment to be charged against each lot within the district, according to the special benefits accruing thereto from the local improvement.
(5) The ordinance shall also direct that the City Manager have detailed plans and specifications of the improvement prepared and that, when appropriate, that the city invite bids for construction of the improvement. All bidders shall be required to submit a certified check or bid bond in the amount equal to 5% of their bid, and the contractor to whom the award is made shall submit a performance bond in the amount of his bid at the time the contract is awarded.
(Ord. 431, passed 8-23-61)
(A) Notice of remonstrance.
(1) The notice of the time and place of the public hearing shall state that the City Council shall hear and consider objections or remonstrances to the proposed improvement by any parties aggrieved thereby. The notice shall be published once a week for two successive weeks in a newspaper of general circulation designated as legal publication by the City Council, and not less than ten days prior to the date set for the hearing.
(2) The notice shall state that the City Council, by resolution, has proposed to create the improvement. The notice shall also include the following:
"Unless the owners of 60% of the property within the local improvement district make and file with the Finance Director/Recorder a written objection and remonstrance against the proposed improvement within ten days from date of the publication of this notice, or present their objections at the public hearing, the Council shall be deemed to have acquired jurisdiction to order the improvement to conform in all particulars to the plans and specifications previously adopted. Any objection or remonstrance shall state the reasons therefor."
(3) The Finance Director/Recorder shall also notify the owner of each lot proposed to be assessed by registered or certified mail, or by personal delivery, of the amount of the assessment proposed for that property, or the date by which objections shall be filed with the Finance Director/Recorder, and of the date of the public hearing.
(4) Whenever a notice is required to be sent to the owner of a lot affected by a proposed assessment, the notice shall be addressed to the owner or his agent. If the address of the owner or his agent is not known, the notice shall be sent to the owner at the city where the property is located.
(5) Any mistake, error, omission or failure with respect to the mailing shall not be jurisdictional or invalidate the assessment proceedings, but there shall be no foreclosure or legal action to collect until notice has been given by personal service upon the property owner, or if personal service cannot be had, then by publication once a week for two successive weeks in a newspaper of general circulation in the city.
(B) Prevention of improvement by remonstrances or at the public hearing. If within ten days from the date of the publication of the notice, the owners of 60% or more of the property within the district file with the Finance Director/Recorder a written objection or remonstrance against the proposed improvement or if the remonstrance be made at the public hearing, the objection or remonstrance shall be a bar to any further proceeding in the making of the improvement for a period of six months, unless the owners of one half or more of the property affected shall subsequently petition.
(Ord. 431, passed 8-23-61)
(A) It shall be the general policy of the city to call for bids for making local improvements and to award the bid to the lowest, responsible bidder. This general policy, however, shall not prohibit the Council from providing that the city construct the local improvements rather than private contractors. In the event that more than one local improvement district shall be advertised for bids at the same timed all local improvement districts shall be bid separately. The Council shall have the authority, however, to accept the lowest aggregate bid for all of the local improvement districts bid at the same time and they shall allocate the proper amount of the total cost to each district separately.
(B) The Council may, in its discretion, reject any and all bids submitted if the aggregate of the bid exceeds the aggregate estimated cost of all of the districts, and the Council shall not be required to accept any bid for any individual district even though the same may comply with the requirements here of when the aggregate bid fails to meet the requirements of other local improvement districts then bid.
(Ord. 431, passed 8-23-61)
The procedure for establishing motor vehicle parking districts provided in ORS 223.805 to 223.845 shall be the same as for other improvement districts.
(Ord. 431, passed 8-23-61)
(A) Immediately after the City Council has approved the final assessment ordinance, the Finance Director/Recorder shall enter the assessments in the city lien docket, which assessments shall be a lien and charge upon the respective lots against which they are placed. Liens shall be first and prior to all other liens or encumbrances thereon insofar as the laws of Oregon allow.
(B) After making entry, the Finance Director/Recorder shall publish a notice in a newspaper designated by the City Council for the publication thereof. This notice shall state that within ten days of the time of publication of this notice, the owners of the assessed properties may file with the Finance Director/Recorder, on a form provided for the purpose, an application to pay the assessment in whole or in part on an installment basis, as provided by the Bancroft Bonding Act, ORS 223.205 to 223.295, which is hereby adopted by reference and made a part of this subchapter. This notice shall also state that, if the assessment is not eligible under the provisions of the Bancroft Bonding Act, or if the owner of the assessed property does not apply to use the installment basis, all or part of the assessment shall be excluded from the installment payment procedure and shall be paid in full by cash within 30 days of the date of entry in the lien docket.
(C) The Finance Director/Recorder shall also send by registered or certified mail to the owners of the assessed property a notice containing the same information as the notice which is published in the newspaper. If the address of the owner is unknown to the Finance Director/Recorder, the same requirements shall be met as described by § 34.33(A) of this subchapter and by ORS 223.391.
(D) The contents of the application to pay assessments on the installment basis shall be as provided by ORS 223.315.
(E) After application has been made by the owners of assessed property to have the assessments bonded, assessments shall be transferred by the Finance Director/Recorder from the city lien docket to the bond lien docket, as provided by ORS 223.230.
(Ord. 431, passed 8-23-61)
(A) The current Bancroft bond interest rate shall be that interest charged per annum until paid on the unpaid balance remaining on the city lien docket from the date of entry, or of entry corrected pursuant to any provisions of this subchapter, except that no interest shall be charged if the assessment be paid within 30 days of the passage of the final assessment ordinance.
(B) The city may proceed to foreclose or enforce any lien to which it shall be entitled pursuant to the provisions of this subchapter at any time after 60 days from the date of entry of the assessment in the lien docket, as provided by ORS 223.505 through 223.775, or any other method provided by law.
(Ord. 431, passed 8-23-61; Am. Ord. 658, passed 5 25-70; Am. Ord. 1297, passed 5-12-80; Am. Ord. 1365, passed 6-8-81)
(A) Rebonding. The provisions of ORS 223.715 to ORS 223.750, concerning rebonding of bonded assessments which have not been fully paid are hereby adopted and made a part of this subchapter. The applicable interest rate for ORS 223.715 shall be the current Bancroft bond interest rate.
(B) Reinstatement. The provisions of ORS 223.755, concerning reinstatement of delinquent liens before the property affected has been sold, are hereby adopted and made a part of this subchapter.
(C) Miscellaneous provisions. The provisions of ORS 223.750 and 223.765, concerning acceptance of home owner's loan corporation bonds and municipal bonds as payments for assessment liens; of ORS 223.770, concerning assessment of public property benefited by improvements; and of ORS 223.880, concerning the inclusion of public roads in sidewalk improvement districts; are hereby adopted by reference and made a part of this subchapter.
(Ord. 431, passed 8-23-61; Am. Ord. 658, passed 5 25-70; Am. Ord. 1297, passed 5-12-80; Am. Ord. 1365, passed 6-8-81)
The City Council shall have full power and authority to abandon and rescind proceedings for improvements undertaken hereunder at any time prior to the final consummation of proceedings. If liens have been assessed upon any property under this procedure, they shall be cancelled and any payments made thereon shall be refunded to the payor, his assigns, or legal representatives.
(Ord. 431, passed 8-23-61)
No improvement assessment shall be invalid by reason of a failure to give, in any report on the proposed assessment, in the assessment ordinance, in the lien docket or elsewhere in the proceedings, the name of the owner of any lot or other parcel of land, or part thereof, or the name of any person having a lien upon or interest in the property, or by reason of any error, mistake, delay, omission, irregularity, or other act, jurisdictional or otherwise, in any of the proceedings hereinabove specified, unless it appears that the assessment as made, insofar as it affects the person complaining, is unfair and unjust and the City Council shall have power and authority to remedy and correct all matters by suitable action and proceedings.
(Ord. 431, passed 8-23-61)