(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)