As used in ORS 223.112 to 223.132, 223.205 to
223.295, 223.297 to 223.314, 223.317 to 223.327, 223.387 to 223.399,
223.405 to 223.485, 223.505 to 223.595, 223.605 to 223.650, 223.705 to
223.755, 223.765, 223.770, 223.775 and 223.805 to 223.845, unless the
context requires otherwise:
(1) “Actual cost” has the meaning given the term under ORS 310.140.
(2) “Capital construction project” means a project for “capital
construction,” as defined under ORS 310.140.
(3)(a) “Estimated assessment” means, with respect to each property
to be assessed in connection with a local improvement, the total
assessment that, at the time of giving notice of the assessment and the
right to object or remonstrate, the local government estimates will be
levied against the property following completion of the local
improvement. The estimate shall be based on the local government’s
estimate at that time of the actual costs of the local improvement and
the proposed formula for apportioning the actual costs to the property.
(b) “Estimated assessment” shall be determined by:
(A) Excluding from estimated actual costs the estimated financing
costs associated with any bonds issued to accommodate the payment of the
assessment in installments; and
(B) Including in estimated actual costs the estimated financing
costs associated with interim financing of the local improvement.
(4) “Final assessment” means, with respect to each property to be
assessed in connection with a local improvement, the total assessment
levied against the property following completion of the local
improvement. The total assessment shall be based on the actual costs of
the local improvement and the formula for apportioning the actual costs
to the property.
(5)(a) “Financing” means all costs necessary or attributable to
acquiring and preserving interim or permanent financing of a local
improvement.
(b) The costs of financing may include the salaries, wages and
benefits payable to employees of the local government to the extent the
same are reasonably allocable to the work or services performed by the
employees in connection with the financing of a local improvement or any
part thereof. However, as a condition to inclusion of any salaries, wages
or benefits payable to employees of a local government as financing costs
of a local improvement or any part thereof, the local government shall
establish a record keeping system to track the actual work done or
services performed by each employee on or in connection with such local
improvement.
(c) Financing costs that are to be incurred after the levy of a
final assessment may be included in the final assessment based on the
local government’s reasonable estimate of the financing costs if the
local government first documents the basis for the estimate and makes the
documentation available to interested persons on request.
(6) “Governing body” means the council, commission, board or other
controlling body, however designated, in which the legislative powers of
a local government are vested.
(7) “Installment application” means an application filed by a
property owner to have a final assessment paid in installments over a
period of years.
(8) “Local government” means a local government as defined in ORS
174.116 that has authority to undertake the acquisition, construction,
reconstruction, repair, betterment or extension of a local improvement.
(9) “Local improvement” has the meaning given the term under ORS
310.140.
(10) “Lot” means a lot, block or parcel of land.
(11) “Owner” means 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.
(12) “Recorder” means the auditor, recorder, clerk or other person
or officer of a local government serving as clerk of the local government
or performing the clerical work of the local government, or other
official or employee as the governing body of a local government shall
designate to act as recorder.
(13) “Structure” has the meaning given the term under ORS 310.140.
(14) “Treasurer” means the elected or appointed official of a local
government, however designated, charged by law with the responsibility
for acting as custodian of and investment officer for the public moneys
of the local government. [1991 c.902 §3; 2003 c.802 §2]CONDEMNATION FOR CITY IMPROVEMENTS; SPECIAL PROCEDURE
Any incorporated city may:
(1) Appropriate any private real property, water, watercourse and
riparian rights to any public or municipal use or for the general benefit
and use of the people of the city, including but not limited to
appropriation for an aviation field, park, city hall, city buildings,
jail, or to protect the city from overflow by freshets.
(2) Appropriate any real property, water, watercourse and water and
riparian rights, including power sites, to any public or municipal use or
for the general benefit and use of the people within or without the city,
and to build dams, reservoirs and conduits for the purpose of storing and
using water to aid in developing the necessary power to generate
electricity for the use and benefit of the people within or without the
city.
(3) Condemn for its use private property for the purpose of
erecting and maintaining electric lines thereon for the purpose of
generating and conveying power to light and heat the city, and to be used
and sold by the city for manufacturing, transportation, domestic and
other purposes, either within or without the corporate limits of the
city, and for the purpose of constructing electrical systems for
municipal uses. [Amended by 1971 c.134 §1]For the purposes of ORS 223.005, a city may
enter upon, survey and examine property in the manner provided by ORS
35.220 and may select any such property or rights for the purpose of
constructing any ditch, drain, dam, dike, canal, flume, sewer, reservoir,
septic tank, filter bed, sewer form or purifying plant or laying or
constructing and maintaining any pipe, sewer, drain, aqueduct, dam, dike,
canal, flume, reservoir, septic tank, filter bed, sewer form or purifying
plant or other plant, building or electric lines or system for municipal
uses, including but not limited to, aviation fields, parks, city hall,
city buildings, jails, docks, piers, slips, shore and terminal
structures. [Amended by 1971 c.134 §2; 2003 c.477 §4] After selection of
such rights and property under ORS 223.010 in such manner as the council
provides, the city seeking to make the appropriation may proceed in the
manner prescribed by the statutes for the appropriation of land for
corporate purposes, and not otherwise, unless otherwise provided by law,
to have such property appropriated and the compensation therefor
determined and paid. However, the compensation for such condemnation by a
city shall be paid by a deposit in the court of an order drawn upon the
city treasurer for the amount of compensation. Appropriation of property under ORS
223.005 may extend beyond the corporate limits of the city to or along
and including any lake, spring, stream or power site.MUNICIPAL CONDEMNATION PROCEEDINGS(1) The provisions of this section
apply to every city, whether organized under general law or otherwise.
(2) Whenever the council of any incorporated city deems it
necessary to take or damage private property for the purpose of
establishing, laying out, extending or widening streets, or other public
highways and places within any city, or for rights of way for drains,
sewers or aqueducts, or for widening, straightening or diverting channels
of streams and the improvement of waterfronts, and the council cannot
agree with the owner of the property as to the price to be paid, the
council may direct proceedings to be taken under the general laws of this
state to procure the same.ECONOMIC IMPROVEMENT DISTRICTS As used in ORS
223.112 to 223.132, unless the context requires otherwise:
(1) “Council” means the city council or other controlling body of a
city.
(2) “Economic improvement” means:
(a) The planning or management of development or improvement
activities.
(b) Landscaping or other maintenance of public areas.
(c) Promotion of commercial activity or public events.
(d) Activities in support of business recruitment and development.
(e) Improvements in parking systems or parking enforcement.
(f) Any other economic improvement activity for which an assessment
may be made on property specially benefited thereby. [1985 c.576 §1; 1991
c.902 §4] (1) A
council may enact an ordinance establishing a procedure to be followed by
the city in making assessments for the cost of an economic improvement
upon the lots which are specially benefited by all or part of the
improvement.
(2) In any ordinance adopted under subsection (1) of this section,
a city shall not be authorized to:
(a) Levy assessments in an economic improvement district in any
year that exceed one percent of the real market value of all the real
property located within the district.
(b) Include within an economic improvement district any area of the
city that is not zoned for commercial or industrial use.
(c) Levy assessments on residential real property or any portion of
a structure used for residential purposes. [1985 c.576 §2; 1989 c.1018
§3; 1991 c.459 §350; 1991 c.902 §5] (1) An ordinance
adopted under ORS 223.114, shall provide for enactment of an assessment
ordinance that:
(a) Describes the economic improvement project to be undertaken or
constructed.
(b) Contains a preliminary estimate of the probable cost of the
economic improvement and the proposed formula for apportioning cost to
specially benefited property.
(c) Describes the boundaries of the district in which property will
be assessed.
(d) Specifies the number of years, to a maximum of five, in which
assessments will be levied.
(e) Contains provision for notices to be mailed or delivered
personally to affected property owners that announce the intention of the
council to construct or undertake the economic improvement project and to
assess benefited property for a part or all of the cost. The notice shall
state the time and place of the public hearing required under paragraph
(f) of this subsection.
(f) Provides for a hearing not sooner than 30 days after the
mailing or delivery of notices to affected property owners at which the
owners may appear to support or object to the proposed improvement and
assessment.
(2) The ordinance shall also:
(a) Provide that if, after the hearing held under subsection (1)(f)
of this section, the council determines that the economic improvement
shall be made, the council shall determine whether the property benefited
shall bear all or a portion of the cost and shall determine, based on the
actual or estimated cost of the economic improvement, the amount of
assessment on each lot in the district.
(b) Require the city recorder or other person designated by the
council to prepare the proposed assessment for each lot in the district
and file it in the appropriate city office.
(c) Require notice of such proposed assessment to be mailed or
personally delivered to the owner of each lot to be assessed, which
notice shall state the amount of the assessment proposed on the property
of the owner receiving the notice. The notice shall state the time and
place of a public hearing at which affected property owners may appear to
support or object to the proposed assessment. The hearing shall not be
held sooner than 30 days after the mailing or personal delivery of the
notices.
(d) Provide that the council shall consider such objections and may
adopt, correct, modify or revise the proposed assessments.
(e) Provide that the assessments will not be made and the economic
improvement project terminated when written objections are received at
the public hearing from owners of property upon which more than 33
percent of the total amount of assessments is levied. [1985 c.576 §3;
1989 c.1018 §4] (1)
In addition to the requirements listed in ORS 223.117 (2), an assessment
ordinance adopted under ORS 223.114 and 223.117 may, at the discretion of
the council, provide that:
(a) When the council receives written objections at the public
hearing only from owners of property upon which less than 33 percent of
the total amount of assessments is levied, the economic improvement
project may be undertaken or constructed, but that assessments shall not
be levied on any lot or parcel of property if the owner of that property
submitted written objections at the public hearing. Notwithstanding any
other provision of law, an owner of property who fails to submit written
objections at the public hearing as provided for in the ordinance shall
be deemed to have made a specific request for the economic improvement
services to be provided during the period of time specified in the
assessment ordinance.
(b) The council, after excluding from assessment property belonging
to such owners, shall determine the amount of assessment on each of the
remaining lots or parcels in the district.
(c) Notice of such proposed assessment be mailed or personally
delivered to the owner of each lot to be assessed, which notice shall
state the amount of the assessment proposed on the property of the owner
receiving the notice.
(2) When assessments are levied against property within an economic
improvement district in accordance with an assessment ordinance that
contains the provisions described in subsection (1) of this section:
(a) Any new owner of benefited property in the district or any
owner of benefited property who excluded the property from assessment by
submitting written objections to the council may subsequently agree to
the assessment of the owner’s property in the district. The council shall
apportion the costs to the property for the remaining time in which
assessments will be levied.
(b) The assessed property may not be relieved from liability for
that assessment.
(c) If the council considers it necessary to levy assessments upon
property in the district for longer than the period of time specified in
the assessment ordinance, the council shall enact an ordinance that
provides for continued assessments for a specified number of years and
grants to property owners in the district the notice and right of
remonstrance described in ORS 223.117 (2)(b) to (e) and subsection (1)(a)
to (c) of this section. [1991 c.773 §2] An ordinance adopted under
ORS 223.114, may require creation, for each economic improvement
district, of an advisory committee to allocate expenditure of moneys for
economic improvement activities within the scope of ORS 223.112 to
223.132. If an advisory committee is created, the council shall strongly
consider appointment of owners of property within the economic
improvement district to the advisory committee. An existing association
of property owners or tenants may enter into an agreement with the city
to provide the proposed economic improvement. [1985 c.576 §4; 1989 c.1018
§5]The existence of local improvement districts or urban renewal
districts in a city does not affect the creation of economic improvement
districts under ORS 223.112 to 223.132. [1985 c.576 §5] When the council considers
it necessary to levy assessments upon property in an economic improvement
district for longer than the period of time specified in the assessment
ordinance that created the district, the council shall enact an ordinance
that provides for continued assessments for a specified number of years
and grants to property owners in the district the notice and right of
remonstrance described in ORS 223.117 (2)(b) to (e). [1985 c.576 §6](1) ORS 223.387 and 223.391 to 223.395 apply to
economic improvement districts created by a city in accordance with ORS
223.112 to 223.132.
(2) The rights and duties accorded local governments and the owners
of property for financing assessments under ORS 223.205 and 223.210 to
223.295 apply to assessments levied upon property in an economic
improvement district for financing all or part of the cost of an economic
improvement. [1985 c.576 §7; 1991 c.902 §6; 2003 c.802 §3](1) A city council shall not expend any moneys
derived from assessments levied under ORS 223.112 to 223.132 for any
purpose different from the purpose described in the ordinance adopted
under ORS 223.114.
(2) Any public official who expends any moneys derived from
assessments levied under ORS 223.112 to 223.132 for any purpose different
from the purpose described in an ordinance adopted under ORS 223.114
shall be civilly liable for the return of the moneys by suit of the
district attorney of the county in which the city is located or by suit
of any taxpayer of the city. [1985 c.576 §8]The authority granted to cities by ORS 223.112 to
223.132, is in addition to any other authority a city may have under
state law, its charter or its ordinances to create or finance economic
improvement districts. [1989 c.1018 §2] As used in ORS
223.141 to 223.161, unless the context requires otherwise:
(1) “Business license fee” means any fee paid by a person to a city
for any form of license that is required by the city in order to conduct
business in that city.
(2) “Conducting business” means to engage in any business, trade,
occupation or profession in pursuit of gain including activities carried
on by a person through officers, agents and employees as well as
activities carried on by a person on that person’s own behalf.
(3) “Council” means the city council or other controlling body of a
city.
(4) “Economic improvement” means:
(a) The planning or management of development or improvement
activities.
(b) Landscaping or other maintenance of public areas.
(c) Promotion of commercial activity or public events.
(d) Activities in support of business recruitment and development.
(e) Improvements in parking systems or parking enforcement.
(f) Any other economic improvement activity for which an assessment
may be made on property specially benefited thereby. [1991 c.698 §1]
(1) A council, on its own motion or after receiving a petition for the
formation of an economic improvement district signed by 33 percent or
more of persons conducting business within the proposed district, may
enact an ordinance establishing a procedure to be followed by the city in
imposing a business license fee to raise revenue for the cost of an
economic improvement. The business license fee authorized under this
subsection may be in the form of a surcharge on an existing business
license fee imposed by the city on any business, trade, occupation or
profession carried on or practiced in the economic improvement district.
(2) In any ordinance adopted under subsection (1) of this section,
a city shall not be authorized to:
(a) Include within an economic improvement district any area of the
city that is not zoned for commercial or industrial use.
(b) Impose a business license fee to raise revenue for an economic
improvement that does not primarily benefit persons conducting business
within the economic improvement district. [1991 c.698 §2] (1) An
ordinance adopted under ORS 223.144, shall provide for enactment of a
business license fee ordinance that:
(a) Describes the economic improvement project to be undertaken or
constructed.
(b) Contains a preliminary estimate of the probable cost of the
economic improvement.
(c) Describes the boundaries of the district in which property will
be assessed.
(d) Specifies the number of years, to a maximum of five, in which
business license fees for the economic improvement will be imposed.
(e) Contains provision for notices to be mailed or delivered
personally to affected persons that announce the intention of the council
to construct or undertake the economic improvement project and to impose
a business license fee upon persons conducting business within the
district for a part or all of the cost. The notice shall state the time
and place of the public hearing required under paragraph (f) of this
subsection.
(f) Provides for a hearing not sooner than 30 days after the
mailing or delivery of notices to affected persons at which the persons
may appear to support or object to the proposed improvement and business
license fee.
(2) The ordinance shall also:
(a) Provide that if, after the hearing held under subsection (1)(f)
of this section, the council determines that the economic improvement
shall be made, the council shall determine whether the businesses
benefited shall bear all or a portion of the cost and shall determine,
based on the actual or estimated cost of the economic improvement, the
amount of the business license fee.
(b) Require notice of such proposed business license fee to be
mailed or personally delivered to each person conducting business within
the proposed economic improvement district, which notice shall state the
amount of the business license fee. The notice shall state the time and
place of a public hearing at which affected persons may appear to support
or object to the proposed business license fee. The hearing shall not be
held sooner than 30 days after the mailing or personal delivery of the
notices.
(c) Provide that the council shall consider the objections of
persons subject to the proposed business license fee and may adopt,
correct, modify or revise the proposed business license fee.
(d) Provide that the business license fee will not be imposed and
the economic improvement project terminated when written objections are
received at the public hearing from more than 33 percent of persons
conducting business within the economic improvement district who will be
subject to the proposed business license fee. [1991 c.698 §3] An ordinance adopted under
ORS 223.144, may require creation, for each economic improvement
district, of an advisory committee to develop a plan and to allocate
expenditure of moneys for economic improvement activities within the
scope of ORS 223.141 to 223.161. If an advisory committee is created, the
council shall appoint persons conducting business within the economic
improvement district to the advisory committee. An existing association
of persons conducting business within an economic improvement district
may enter into an agreement with the city to provide the economic
improvement. [1991 c.698 §4] When the council
considers it necessary to impose business license fees upon persons
conducting business in an economic improvement district for longer than
the period of time specified in the ordinance that created the district,
the council shall enact an ordinance that provides for continued business
license fees for a specified number of years and grants to persons
conducting business in the district the notice and right of remonstrance
described in ORS 223.147 (2)(b) to (d). [1991 c.698 §5](1) A city council shall not expend any moneys
derived from business license fees levied under ORS 223.141 to 223.161
for any purpose different from the purpose described in the ordinance
adopted under ORS 223.144.
(2) Any public official who expends any moneys derived from
business license fees levied under ORS 223.141 to 223.161 for any purpose
different from the purpose described in an ordinance adopted under ORS
232.144 shall be civilly liable for the return of the moneys by suit of
the district attorney of the county in which the city is located or by
suit of any taxpayer of the city. [1991 c.698 §6](1) The existence of local improvement districts or urban
renewal districts in a city does not affect the creation of economic
improvement districts under ORS 223.141 to 223.161.
(2) The authority granted to cities by ORS 223.141 to 223.161 is in
addition to any other authority a city may have under state law, its
charter or its ordinances to create or finance economic improvement
districts. [1991 c.698 §7]FINANCING LOCAL IMPROVEMENTS (BANCROFT BONDING ACT)(1) ORS 223.205 and 223.210 to 223.295 may be cited
as the Bancroft Bonding Act.
(2) The provisions of the Bancroft Bonding Act are not mandatory.
Any governmental body having charter provisions, or ordinance provisions
authorized by charter, for bonding improvement assessments and selling
bonds may follow those provisions or the provisions of the Bancroft
Bonding Act, or the provisions of any other statute.
(3) All bonds issued prior to March 20, 1939, in accordance with
the charter provisions of any city which, as of March 20, 1939, has or
after that date attains a population of 100,000 or more inhabitants,
according to the published federal census, and all action taken and
proceedings adopted by a city prior to that date for issuing bonds in
accordance with charter provisions are ratified, approved and confirmed.
[Amended by 1957 c.103; §1; 1959 c.653 §1; 1965 c.282 §2; 1975 c.642 §1;
1991 c. 902 §7] The Legislative Assembly hereby
declares that the purpose of ORS 223.208 and this section is to provide
purchasers of homes or multifamily dwellings with Bancroft financing of
system development charges as an alternative to absorbing those charges
into the long-term permanent financing of their homes. [1977 c.722 §2](1) Subject to subsection (2) of this
section, the rights and duties accorded local governments and the owners
of property for financing and assessments under ORS 223.205 to 223.775
shall apply to the following:
(a) A system development charge designed to finance the purchase or
development of a public park or recreational facility or the
construction, extension or enlargement of a street, community water
supply, storm sewer or sewerage or disposal system as defined in ORS
199.464 imposed by a local government as a condition to issuance of any
occupancy permit or imposed by a local government at such other time as,
by ordinance, it may determine.
(b) That portion of a connection charge imposed by a local
government that is greater than the amount necessary to reimburse the
local government for its costs of inspection and installing connections
with system mains.
(2) Notwithstanding ORS 223.230, the financing of system
development or connection charges under this section may, at the option
of the governing body, be a second lien on real property, which lien
shall be inferior only to the mortgage or other security interest held by
the lender of the owner’s purchase money. Bonds issued under this
subsection shall be issued separately from bonds otherwise issued under
ORS 223.205 to 223.775 and shall comply with all applicable federal
regulations. [1977 c.722 §3; 1979 c.837 §1; 1983 c.349 §1; 1991 c.902 §8;
1997 c.249 §62; 2001 c.662 §1; 2003 c.802 §4](1) If the governing body of a local government has
proceeded to cause any local improvement to be constructed or made within
the corporate limits of the local government, and has determined the
final assessment for the local improvement against the property benefited
thereby or liable therefor, according to applicable law, the local
government shall cause notice of the final assessment to be published.
The notice shall identify the local improvement for which the assessment
is to be made, each lot to be assessed and the final assessment for each
lot. In addition, the notice shall state that the owner of any property
to be assessed shall have the right to make application to the local
government for payment of the final assessment in installments as
provided in this section. A copy of the notice shall be mailed or
personally delivered to the owner of each lot to be assessed.
(2) The owner of any property to be so assessed, at any time within
10 days after notice of final assessment is first published, may file
with the recorder a written application to pay:
(a) The whole of the final assessment in installments; or
(b) If part of the final assessment has been paid, the unpaid
balance of the assessment in installments.
(3) At the option of the local government, an installment
application may be filed more than 10 days after notice of the final
assessment is first published. [Amended by 1957 c.103 §2; 1957 c.397 §1;
1967 c.239 §1; 1991 c.902 §9; 2003 c.802 §5]Any
educational, religious, fraternal or charitable organization or public
corporation owning property assessed for its proportionate share of the
cost of constructing a local improvement shall have the same right to
bond the final assessment therefor and having bonded the final assessment
shall be subject to the same duties and liabilities as a natural person
bonding an assessment. However, the limitations on the amount of an
assessment that may be bonded do not apply to an educational, religious,
fraternal or charitable organization or public corporation. The
organization or public corporation shall be permitted to bond to the full
extent of the assessment. [1957 c.95 §2; 1991 c.902 §10](1)(a) The installment application shall state that the
applicant does thereby waive all irregularities or defects,
jurisdictional or otherwise, in the proceedings to cause the local
improvement for which the final assessment is levied and in the
apportionment of the actual cost of the local improvement.
(b) The application shall provide that the applicant agrees to pay
the final assessment over a period of not less than 10 years nor more
than 30 years and according to such terms as the governing body of the
local government may provide. The governing body may provide that the
owner of the assessed property may elect to have the final assessment
payable over a period of less than 10 years and according to such terms
as the governing body may provide.
(c) The application shall also provide that the applicant
acknowledges and agrees to pay interest at the rate provided by the
governing body of the local government on all unpaid assessments,
together with an amount, determined by the governing body, sufficient to
pay a proportionate part of the cost of administering the bond assessment
program and issuing the bonds authorized under ORS 223.235, including but
not limited to legal, printing and consultant’s fees.
(d) The application shall also contain a statement, by lots or
blocks, or other convenient description, of the property of the applicant
assessed for the improvement.
(2) In connection with the final assessments for any local
improvement, the governing body of the local government may establish a
procedure by which an owner of any property to be assessed may
irrevocably elect in writing to have the final assessment levied for a
number of years less than 10, which shall be determined by the governing
body. The written election shall:
(a) Be signed by the owner or a duly authorized representative of
the owner;
(b) Contain a description of the assessed property and the local
improvement for which the assessment is made; and
(c) Contain a statement by the owner acknowledging that the
improvement is a local improvement as described under ORS 223.001 (9),
that payment of the final assessment against the properties benefited by
the local improvement plus interest may be spread over at least 10 years
and that, notwithstanding any provision of law, the owner consents to
make payments over a period of less than 10 years and to have the
assessment levied on the benefited property accordingly.
(3) The election under subsection (2) of this section shall be
recorded in the bond lien docket for the local improvement to which the
assessment relates. From and after the time at which the written election
is so recorded, it shall be valid and binding upon all subsequent owners
of the property or any part thereof. [Amended by 1957 c.103 §3; 1959
c.653 §2; 1969 c.531 §1; 1971 c.100 §1; 1975 c.320 §1; 1981 c.322 §1;
1985 c.656 §1; 1991 c.902 §11; 2003 c.802 §6] The recorder of the local
government shall:
(1) Keep all applications filed under ORS 223.210 in convenient
form for examination. The applications received for each local
improvement shall be separate.
(2) Enter in a book kept for that purpose, under separate heads for
each local improvement, the date of filing of each application, the name
of the applicant, a description of the property and the amount of the
final assessment, as shown in the application. [Amended by 1957 c.103 §5;
1991 c.902 §12; 2003 c.802 §7] (1) After
expiration of the time for filing application under ORS 223.210, the
local government shall enter in a docket kept for that purpose, under
separate heads for each local improvement, by name or number, a
description of each lot or parcel of land or other property against which
the final assessment is made, or which bears or is chargeable for a
portion of the actual cost of the local improvement, with the name of the
owner and the amount of the unpaid final assessment. The entries shall be
made as of the date of initial determination and levy of the final
assessment.
(2) The docket shall stand thereafter as a lien docket as for ad
valorem property taxes assessed and levied in favor of the local
government against each lot or parcel of land or other property, until
paid, for the following:
(a) For the amounts of the unpaid final assessments therein
docketed, with interest on the installments of the final assessments at
the rate determined by the governing body of the local government under
ORS 223.215; and
(b) For any additional interest or penalties imposed by the local
government with respect to any installments of final assessments that are
not paid when due.
(3) All unpaid final assessments together with accrued and unpaid
interest and penalties are a lien on each lot or parcel of land or other
property, respectively, in favor of the local government, and the lien
shall have priority over all other liens and encumbrances whatsoever.
(4) For a local improvement district assessment lien or system
development charge installment payment contract lien to continue, each
local government shall make the appropriate lien record, as prescribed by
this section and ORS 223.393, available on hard copy or through an online
electronic medium. [Amended by 1957 c.103 §6; 1959 c.653 §3; 1969 c.531
§2; 1975 c.642 §2a; 1981 c.94 §10; 1981 c.322 §2; 1991 c.902 §13; 1995
c.709 §2; 1997 c.840 §2; 2003 c.195 §10; 2005 c.46 §1] (1) When in any local
government a bond lien docket is made up, as provided in ORS 223.230, as
to the final assessments for any local improvement, the local government
shall by ordinance or resolution of the governing body authorize the
issue of its bonds pursuant to the applicable provisions of ORS chapter
288 and in accordance with this section.
(2) The bonds authorized to be issued under this section must be
issued in an amount that does not exceed the unpaid balance of all final
assessments for the related local improvements, plus the amounts
necessary to fund any debt service reserve and to pay any other financing
costs associated with the bonds.
(3)(a) If the question of the issuance of the specific bonds has
been approved by the electors of the local government and the bonds are
issued as general obligation bonds, the local government shall each year
assess, levy and collect a tax on all taxable property within its
boundaries. The amount of the tax must be sufficient to pay all principal
of and interest on the bonds that are due and payable in that year and to
replenish any debt service reserves required for the bonds. In computing
the amount of taxes to impose, the local government shall:
(A) Deduct from the total amount otherwise required the amount of
final installment payments that are pledged to the payment of the bonds
and that are due and payable in that year; and
(B) Add to this net amount the amount of reasonably anticipated
delinquencies in the payments of the installments or the taxes.
(b) The taxes must be levied in each year and returned to the
county officer whose duty it is to extend the tax roll within the time
and in the manner provided in ORS 310.060.
(c) The taxes become payable at the same time and are collected by
the same officer who collects county taxes and must be turned over to the
local government according to law.
(d) The county officer whose duty it is to extend the county levy
shall extend the levy of the local government in the same manner as city
taxes are extended. Property may be sold for nonpayment of the taxes
levied by a local government in like manner and with like effect as in
the case of county and state taxes.
(4) If the question of the issuance of the specific bonds has not
been approved by the electors of the local government, the local
government may issue the bonds as limited tax bonds, as defined in ORS
288.150.
(5)(a) All bonds issued pursuant to this section, including general
obligation bonds, are secured by and payable from the installments of
final assessments with respect to which the bonds were issued.
(b) In the ordinance or resolution authorizing the issuance of the
bonds, the governing body of the issuing local government may:
(A) Provide that installments of final assessments levied with
respect to two or more local improvements shall secure a single issue of
bonds.
(B) Reserve the right to pledge, as security for any bonds
thereafter issued pursuant to this section, any installments of final
assessments previously pledged as security for other bonds issued
pursuant to this section.
(c) All bonds must be secured by a lien on the installments of
final assessments with respect to which they were issued. The lien is
valid, binding and fully perfected from the date of issuance of the
bonds. The installments of final assessments are immediately subject to
the lien without the physical delivery thereof, the filing of any notice
or any further act. The lien is valid, binding and fully perfected
against all persons having claims of any kind against the local
government or the property assessed whether in tort, contract or
otherwise, and irrespective of whether the persons have notice of the
lien.
(6) As additional security for any bonds issued under this section,
including general obligation bonds, the governing body of the issuing
local government may pledge or mortgage, or grant security interests in,
its revenues, assets and properties, and otherwise secure and enter into
covenant with respect to the bonds, as provided in ORS 288.155.
(7)(a) A local government may, from time to time after the
undertaking of a local improvement has been authorized, borrow money and
issue and sell notes for the purpose of providing interim financing for
the actual costs of the local improvement.
(b) Notes authorized under this subsection may be issued in a
single series for the purpose of providing interim financing for two or
more local improvements.
(c) Notes authorized under this subsection may not mature later
than one year after the date upon which the issuing local government
expects to issue bonds for the purpose of providing permanent financing
with respect to installment payments of the final assessments for the
local improvements.
(d) Any notes authorized under this subsection may be refunded from
time to time by the issuance of additional notes or out of the proceeds
of bonds issued pursuant to this section. The notes may be made payable
from the proceeds of any bonds to be issued under this section to provide
permanent financing or from any other sources from which the bonds are
payable.
(e) The governing body of the issuing local government may pledge
to the payment of the notes any revenues that may be pledged to the
payment of bonds authorized to be issued under this section with respect
to the local improvements for which the notes provide interim financing.
[Amended by 1957 c.103 §7; 1959 c.653 §4; 1967 c.196 §1; 1975 c.320 §2;
1975 c.738 §1; 1983 c.349 §2; 1991 c.902 §14; 1995 c.333 §1; 2003 c.802
§8; 2005 c.443 §1] The interest on the bonds
and the amounts of the installments of maturing bonds shall be included
in the annual budget of the issuing local government. There shall be
deducted in the budget the amount that the governing body conservatively
estimates will be received from payments of the principal of and interest
on installments of final assessments appertaining to the particular bond
issue, and from receipts from sales and rentals of property acquired by
the local government pursuant to the assessments, during the fiscal year.
[Amended by 1983 c.349 §3; 1991 c.902 §15; 2003 c.802 §9] (1)
The proceeds of any bonds or notes authorized to be issued under ORS
223.235 shall be paid by the purchaser to the treasurer of the issuing
local government. Accrued interest and any premium may be credited to any
account designated by the issuing local government. The balance of the
proceeds shall be credited to the local improvement fund or funds for
which the bonds or notes are issued.
(2) A local government may create, within the Bancroft Bond
Redemption Fund maintained by the local government as required by ORS
223.285, separate accounts for separate issues of bonds or notes issued
as provided in ORS 223.235, and may pledge any amounts deposited in the
separate accounts to specific issues of bonds or notes without pledging
the amounts to any other issues of such bonds or notes. [Amended by 1957
c.103 §9; 1975 c.642 §5; 1983 c.349 §6; 1991 c.902 §16; 2003 c.802 §10](1) As used in ORS 223.205 and 223.210 to
223.295:
(a) “Assessment contract” means the obligation to pay final
assessments in installments that arise when a property owner submits an
application to pay assessments in installments under ORS 223.210 or a
similar provision of a local charter.
(b) “Assessment contract rights” includes the right to receive
installment payments of final assessments, with interest, made under an
assessment contract, and the right to enforce the lien of the final
assessment.
(2) Any local government that receives or expects to receive
assessment contracts may:
(a) Sell or assign to third parties all or any portion of its
assessment contract rights.
(b) Create corporations or other business entities to factor
assessment contract rights.
(c) Create grantor trusts and transfer to the trusts assessment
contract rights.
(d) Contract to service assessment contracts and assessment liens
for the owners of assessment contract rights, or contract with third
parties to service assessment contracts and assessment liens for the
owners of assessment contract rights.
(e) Serve as a trustee for the owners of assessment contract rights.
(f) Enter into contracts necessary to carry out the provisions of
this section.
(3) Any trust created under this section may fractionalize and sell
assessment contract rights.
(4) Assessment contract rights, any interests therein and any
interests in trusts secured primarily by assessment contract rights shall
be exempt from registration under ORS 59.055.
(5) If assessment contract rights that secure outstanding
obligations of a local government are sold or assigned under this
section, an amount shall be placed irrevocably in escrow that is
calculated to be sufficient to pay all principal and interest on the
outstanding obligations as they mature or are irrevocably called for
prior redemption, in accordance with ORS 288.677. Any sale proceeds not
required to fund the escrow may be placed in the general fund of the
local government. If only a portion of the contract rights securing
outstanding obligations is sold, then the amount of outstanding
obligations that must be defeased pursuant to this subsection shall be
that proportion of the principal amount of the outstanding obligations
that the principal amount of the contract rights that are sold represents
to the total principal amount of the contract rights that secure the
outstanding obligations. [1989 c.603 §2; 1991 c.902 §17; 2003 c.802 §11] (1) The installments
due and payable under an assessment contract shall be due and payable
periodically as the governing body of the local government shall
determine but shall not be due and payable over a term in excess of 30
years. Each installment is due and payable with interest as described
under subsection (3) of this section.
(2) The installments and interest are payable to the treasurer by
the property owner whose application to pay the cost of the local
improvement by installments has been filed as provided in ORS 223.210.
(3) The amount of each installment (percentage of the total final
assessment) shall be determined by the governing body of the local
government and shall be as appears by the bond lien docket described in
ORS 223.230. Each installment shall be due and payable with the accrued
and unpaid interest on the unpaid balance of the final assessment amount
at the rate per annum determined by the governing body of the local
government under ORS 223.215.
(4) The first payment shall be due and payable on the date that the
governing body shall determine, and subsequent payments shall be due and
payable on subsequent periodic dates thereafter as shall have been
determined by the governing body. [Amended by 1957 c.103 §10; 1959 c.653
§6; 1969 c.531 §3; 1971 c.100 §3; 1975 c.320 §4; 1981 c.322 §4; 1991
c.902 §18; 2003 c.802 §12] (1) If the owner
neglects or refuses to pay installments under ORS 223.265 as they become
due and payable for a period of one year, then the governing body of the
local government may, by reason of the neglect or refusal to pay the
installments, and while the neglect and refusal to pay continues, pass a
resolution:
(a) Giving the name of the owner then in default in the payment of
the sums due;
(b) Stating the sums due, either principal or interest and any
unpaid late payment penalties or charges;
(c) Containing a description of the property upon which the sums
are owing; and
(d) Declaring the whole sum, both principal and interest, due and
payable at once.
(2) The governing body may then proceed at once to collect all
unpaid installments and to enforce collection thereof, with all unpaid
late payment penalties and charges added thereto, in the same manner in
which delinquent property taxes are collected under applicable law or, in
the case of a city, in the same manner as street and sewer assessments
are collected pursuant to the terms of the city charter. [Amended by 1991
c.902 §19; 2003 c.802 §13] The
recorder of a local government shall, when installments and interest on
any final assessment in the bond lien docket are due, make the proper
extensions of the installments and interest on the bond lien docket and
turn the same over to the treasurer of the local government. The
treasurer then shall notify the property owner that the installments are
due and payable, but a failure of any owner to receive the notice shall
not prevent collection of the installment as provided in ORS 223.270. The
treasurer shall issue a receipt to the person paying the installments and
interest, and shall file duplicates of the receipts with the recorder.
When the treasurer returns the bond lien docket, the recorder shall make
the proper entries on the bond lien docket showing the amount of each
payment and the date of the payment. [Amended by 1991 c.902 §20; 2003
c.802 §14] At any
time after issuance of bonds under ORS 223.235, any owner of a lot
against which the final assessment is made and lien docketed may pay into
the treasury of the issuing local government the whole amount of the
final assessment for which the lien is docketed, together with the full
amount of interest and late payment penalties and charges accrued thereon
to the date of payment. Upon producing to the recorder of the local
government the receipt of the treasurer, the recorder shall enter in the
lien docket opposite the entry of the lien the fact and date of the
payment and that the lien is discharged. [Amended by 1991 c.902 §21; 2003
c.802 §15]Any treasurer receiving any payments of final assessments or
interest on unpaid installments by virtue of the Bancroft Bonding Act,
shall account for the payments separately from other funds of the local
government. The amount of the moneys paid on account of installments,
interest on unpaid installments and late payment penalties or charges,
shall be placed to the credit of a fund to be known and designated as
“Bancroft Bond Redemption Fund” or in any designated account of the
redemption fund that may be established by the local government under
this section. All interest and principal due on bonds issued under ORS
223.235 shall be paid from the redemption fund or from a designated
account of the redemption fund. The amount placed to the credit of the
redemption fund or any account of the fund shall from time to time, under
the direction of the governing body of the issuing local government, be
invested as provided in ORS 294.035 or 294.805 to 294.895. [Amended by
1975 c.495 §1; 1991 c.902 §22; 2003 c.802 §16] Entries of
payments of installments, interest and late payment penalties or charges,
made under the Bancroft Bonding Act, shall be made in the lien docket as
they are received, with the date of payment. The payments so made and
entered shall discharge the lien to the amount of the payment and from
the date of the payment. [Amended by 1991 c.902 §23; 1995 c.709 §3; 1997
c.840 §3] (1) A city may incur
indebtedness in the form of general obligation bonds and general
obligation interim financing notes pursuant to ORS 223.235 to an amount
which shall not exceed 0.03 of the latest real market valuation of the
city.
(2) The general obligation bonds and general obligation interim
financing notes issued pursuant to ORS 223.235 shall be determined by
deducting from the sum total of outstanding general obligation bonds and
general obligation interim financing notes issued pursuant to ORS
223.235, the aggregate of sinking funds or other funds applicable to the
payment thereof, less the aggregate of overdrafts, if any, in the related
improvement bond interest fund. [Amended by 1955 c.28 §1; 1955 c.686 §1;
1959 c.653 §7; 1963 c.545 §2; 1965 c.282 §3; 1985 c.441 §1; 1991 c.459
§351; 1991 c.902 §24]SYSTEM DEVELOPMENT CHARGESThe purpose of ORS 223.297 to 223.314 is to provide
a uniform framework for the imposition of system development charges by
local governments, to provide equitable funding for orderly growth and
development in Oregon’s communities and to establish that the charges may
be used only for capital improvements. [1989 c.449 §1; 1991 c.902 §25;
2003 c.765 §1; 2003 c.802 §17]Note: 223.297 to 223.314 were added to and made a part of 223.205
to 223.295 by legislative action, but were not added to and made a part
of the Bancroft Bonding Act. See section 10, chapter 449, Oregon Laws
1989. As used in ORS
223.297 to 223.314:
(1)(a) “Capital improvement” means facilities or assets used for
the following:
(A) Water supply, treatment and distribution;
(B) Waste water collection, transmission, treatment and disposal;
(C) Drainage and flood control;
(D) Transportation; or
(E) Parks and recreation.
(b) “Capital improvement” does not include costs of the operation
or routine maintenance of capital improvements.
(2) “Improvement fee” means a fee for costs associated with capital
improvements to be constructed.
(3) “Reimbursement fee” means a fee for costs associated with
capital improvements already constructed, or under construction when the
fee is established, for which the local government determines that
capacity exists.
(4)(a) “System development charge” means a reimbursement fee, an
improvement fee or a combination thereof assessed or collected at the
time of increased usage of a capital improvement or issuance of a
development permit, building permit or connection to the capital
improvement. “System development charge” includes that portion of a sewer
or water system connection charge that is greater than the amount
necessary to reimburse the local government for its average cost of
inspecting and installing connections with water and sewer facilities.
(b) “System development charge” does not include any fees assessed
or collected as part of a local improvement district or a charge in lieu
of a local improvement district assessment, or the cost of complying with
requirements or conditions imposed upon a land use decision, expedited
land division or limited land use decision. [1989 c.449 §2; 1991 c.817
§29; 1991 c.902 §26; 1995 c.595 §28; 2003 c.765 §2a; 2003 c.802 §18]Note: See note under 223.297.(1) As used in this section, “employer” means any person who
contracts to pay remuneration for, and secures the right to direct and
control the services of, any person.
(2) A local government may not establish or impose a system
development charge that requires an employer to pay a reimbursement fee
or an improvement fee based on:
(a) The number of individuals hired by the employer after a
specified date; or
(b) A methodology that assumes that costs are necessarily incurred
for capital improvements when an employer hires an additional employee.
(3) A methodology set forth in an ordinance or resolution that
establishes an improvement fee or a reimbursement fee shall not include
or incorporate any method or system under which the payment of the fee or
the amount of the fee is determined by the number of employees of an
employer without regard to new construction, new development or new use
of an existing structure by the employer. [1999 c.1098 §2; 2003 c.802 §19]Note: See note under 223.297.(1) Local governments are authorized to establish system
development charges, but the revenues produced therefrom must be expended
only in accordance with ORS 223.297 to 223.314. If a local government
expends revenues from system development charges in violation of the
limitations described in ORS 223.307, the local government shall replace
the misspent amount with moneys derived from sources other than system
development charges. Replacement moneys must be deposited in a fund
designated for the system development charge revenues not later than one
year following a determination that the funds were misspent.
(2) Local governments shall adopt administrative review procedures
by which any citizen or other interested person may challenge an
expenditure of system development charge revenues. Such procedures shall
provide that such a challenge must be filed within two years of the
expenditure of the system development charge revenues. The decision of
the local government shall be judicially reviewed only as provided in ORS
34.010 to 34.100.
(3)(a) A local government must advise a person who makes a written
objection to the calculation of a system development charge of the right
to petition for review pursuant to ORS 34.010 to 34.100.
(b) If a local government has adopted an administrative review
procedure for objections to the calculation of a system development
charge, the local government shall provide adequate notice regarding the
procedure for review to a person who makes a written objection to the
calculation of a system development charge. [1989 c.449 §3; 1991 c.902
§27; 2001 c.662 §2; 2003 c.765 §3; 2003 c.802 §20]Note: See note under 223.297.(1)(a)
Reimbursement fees must be established or modified by ordinance or
resolution setting forth a methodology that is, when applicable, based on:
(A) Ratemaking principles employed to finance publicly owned
capital improvements;
(B) Prior contributions by existing users;
(C) Gifts or grants from federal or state government or private
persons;
(D) The value of unused capacity available to future system users
or the cost of the existing facilities; and
(E) Other relevant factors identified by the local government
imposing the fee.
(b) The methodology for establishing or modifying a reimbursement
fee must:
(A) Promote the objective of future system users contributing no
more than an equitable share to the cost of existing facilities.
(B) Be available for public inspection.
(2) Improvement fees must:
(a) Be established or modified by ordinance or resolution setting
forth a methodology that is available for public inspection and
demonstrates consideration of:
(A) The projected cost of the capital improvements identified in
the plan and list adopted pursuant to ORS 223.309 that are needed to
increase the capacity of the systems to which the fee is related; and
(B) The need for increased capacity in the system to which the fee
is related that will be required to serve the demands placed on the
system by future users.
(b) Be calculated to obtain the cost of capital improvements for
the projected need for available system capacity for future users.
(3) A local government may establish and impose a system
development charge that is a combination of a reimbursement fee and an
improvement fee, if the methodology demonstrates that the charge is not
based on providing the same system capacity.
(4) The ordinance or resolution that establishes or modifies an
improvement fee shall also provide for a credit against such fee for the
construction of a qualified public improvement. A “qualified public
improvement” means a capital improvement that is required as a condition
of development approval, identified in the plan and list adopted pursuant
to ORS 223.309 and either:
(a) Not located on or contiguous to property that is the subject of
development approval; or
(b) Located in whole or in part on or contiguous to property that
is the subject of development approval and required to be built larger or
with greater capacity than is necessary for the particular development
project to which the improvement fee is related.
(5)(a) The credit provided for in subsection (4) of this section is
only for the improvement fee charged for the type of improvement being
constructed, and credit for qualified public improvements under
subsection (4)(b) of this section may be granted only for the cost of
that portion of such improvement that exceeds the local government’s
minimum standard facility size or capacity needed to serve the particular
development project or property. The applicant shall have the burden of
demonstrating that a particular improvement qualifies for credit under
subsection (4)(b) of this section.
(b) A local government may deny the credit provided for in
subsection (4) of this section if the local government demonstrates:
(A) That the application does not meet the requirements of
subsection (4) of this section; or
(B) By reference to the list adopted pursuant to ORS 223.309, that
the improvement for which credit is sought was not included in the plan
and list adopted pursuant to ORS 223.309.
(c) When the construction of a qualified public improvement gives
rise to a credit amount greater than the improvement fee that would
otherwise be levied against the project receiving development approval,
the excess credit may be applied against improvement fees that accrue in
subsequent phases of the original development project. This subsection
does not prohibit a local government from providing a greater credit, or
from establishing a system providing for the transferability of credits,
or from providing a credit for a capital improvement not identified in
the plan and list adopted pursuant to ORS 223.309, or from providing a
share of the cost of such improvement by other means, if a local
government so chooses.
(d) Credits must be used in the time specified in the ordinance but
not later than 10 years from the date the credit is given.
(6) Any local government that proposes to establish or modify a
system development charge shall maintain a list of persons who have made
a written request for notification prior to adoption or amendment of a
methodology for any system development charge.
(7)(a) Written notice must be mailed to persons on the list at
least 90 days prior to the first hearing to establish or modify a system
development charge, and the methodology supporting the system development
charge must be available at least 60 days prior to the first hearing. The
failure of a person on the list to receive a notice that was mailed does
not invalidate the action of the local government. The local government
may periodically delete names from the list, but at least 30 days prior
to removing a name from the list shall notify the person whose name is to
be deleted that a new written request for notification is required if the
person wishes to remain on the notification list.
(b) Legal action intended to contest the methodology used for
calculating a system development charge may not be filed after 60 days
following adoption or modification of the system development charge
ordinance or resolution by the local government. A person shall request
judicial review of the methodology used for calculating a system
development charge only as provided in ORS 34.010 to 34.100.
(8) A change in the amount of a reimbursement fee or an improvement
fee is not a modification of the system development charge methodology if
the change in amount is based on:
(a) A change in the cost of materials, labor or real property
applied to projects or project capacity as set forth on the list adopted
pursuant to ORS 223.309; or
(b) The periodic application of one or more specific cost indexes
or other periodic data sources. A specific cost index or periodic data
source must be:
(A) A relevant measurement of the average change in prices or costs
over an identified time period for materials, labor, real property or a
combination of the three;
(B) Published by a recognized organization or agency that produces
the index or data source for reasons that are independent of the system
development charge methodology; and
(C) Incorporated as part of the established methodology or
identified and adopted in a separate ordinance, resolution or order.
[1989 c.449 §4; 1991 c.902 §28; 1993 c.804 §20; 2001 c.662 §3; 2003 c.765
§§4a,5a; 2003 c.802 §21]Note: See note under 223.297. (1)
Reimbursement fees may be spent only on capital improvements associated
with the systems for which the fees are assessed including expenditures
relating to repayment of indebtedness.
(2) Improvement fees may be spent only on capacity increasing
capital improvements, including expenditures relating to repayment of
debt for such improvements. An increase in system capacity may be
established if a capital improvement increases the level of performance
or service provided by existing facilities or provides new facilities.
The portion of the improvements funded by improvement fees must be
related to the need for increased capacity to provide service for future
users.
(3) System development charges may not be expended for costs
associated with the construction of administrative office facilities that
are more than an incidental part of other capital improvements or for the
expenses of the operation or maintenance of the facilities constructed
with system development charge revenues.
(4) Any capital improvement being funded wholly or in part with
system development charge revenues must be included in the plan and list
adopted by a local government pursuant to ORS 223.309.
(5) Notwithstanding subsections (1) and (2) of this section, system
development charge revenues may be expended on the costs of complying
with the provisions of ORS 223.297 to 223.314, including the costs of
developing system development charge methodologies and providing an
annual accounting of system development charge expenditures. [1989 c.449
§5; 1991 c.902 §29; 2003 c.765 §6; 2003 c.802 §22]Note: See note under 223.297.(1) Prior to the establishment
of a system development charge by ordinance or resolution, a local
government shall prepare a capital improvement plan, public facilities
plan, master plan or comparable plan that includes a list of the capital
improvements that the local government intends to fund, in whole or in
part, with revenues from an improvement fee and the estimated cost,
timing and percentage of costs eligible to be funded with revenues from
the improvement fee for each improvement.
(2) A local government that has prepared a plan and the list
described in subsection (1) of this section may modify the plan and list
at any time. If a system development charge will be increased by a
proposed modification of the list to include a capacity increasing
capital improvement, as described in ORS 223.307 (2):
(a) The local government shall provide, at least 30 days prior to
the adoption of the modification, notice of the proposed modification to
the persons who have requested written notice under ORS 223.304 (6).
(b) The local government shall hold a public hearing if the local
government receives a written request for a hearing on the proposed
modification within seven days of the date the proposed modification is
scheduled for adoption.
(c) Notwithstanding ORS 294.160, a public hearing is not required
if the local government does not receive a written request for a hearing.
(d) The decision of a local government to increase the system
development charge by modifying the list may be judicially reviewed only
as provided in ORS 34.010 to 34.100. [1989 c.449 §6; 1991 c.902 §30; 2001
c.662 §4; 2003 c.765 §7a; 2003 c.802 §23]Note: See note under 223.297.(1) System development charge revenues must be deposited in
accounts designated for such moneys. The local government shall provide
an annual accounting, to be completed by January 1 of each year, for
system development charges showing the total amount of system development
charge revenues collected for each system and the projects that were
funded in the previous fiscal year.
(2) The local government shall include in the annual accounting:
(a) A list of the amount spent on each project funded, in whole or
in part, with system development charge revenues; and
(b) The amount of revenue collected by the local government from
system development charges and attributed to the costs of complying with
the provisions of ORS 223.297 to 223.314, as described in ORS 223.307.
[1989 c.449 §7; 1991 c.902 §31; 2001 c.662 §5; 2003 c.765 §8a; 2003 c.802
§24]Note: See note under 223.297.(1) ORS 223.297 to
223.314 shall apply only to system development charges in effect on or
after July 1, 1991.
(2) The provisions of ORS 223.297 to 223.314 shall not be
applicable if they are construed to impair bond obligations for which
system development charges have been pledged or to impair the ability of
local governments to issue new bonds or other financing as provided by
law for improvements allowed under ORS 223.297 to 223.314. [1989 c.449
§8; 1991 c.902 §32; 2003 c.802 §25]Note: See note under 223.297.The establishment, modification or
implementation of a system development charge, or a plan or list adopted
pursuant to ORS 223.309, or any modification of a plan or list, is not a
land use decision pursuant to ORS chapters 195 and 197. [1989 c.449 §9;
2001 c.662 §6; 2003 c.765 §9]Note: See note under 223.297.APPORTIONMENT OF GOVERNMENT ASSESSMENTS UPON PARTITION(1) Notwithstanding any other law, a local
government may apportion a final assessment levied by it against a single
tract or parcel of real property among all the parcels formed from a
subsequent partition or other division of that tract or parcel, if the
subsequent partition or division is in accordance with ORS 92.010 to
92.190 and is consistent with all applicable comprehensive plans as
acknowledged by the Land Conservation and Development Commission under
ORS 197.251. The proportionate distribution of a final assessment
authorized under this subsection may be made whenever the final
assessment remains wholly or partially unpaid, and full payment or an
installment payment is not due.
(2) A local government shall apportion a final assessment under
this section when requested to do so by any owner, mortgagee or
lienholder of a parcel of real property that was formed from the
partition or other division of the larger tract of real property against
which the final assessment was originally levied. When the deed, mortgage
or other instrument evidencing the applicant’s ownership or other
interest in the parcel has not been recorded by the county clerk of the
county in which the parcel is situated, the local government shall not
apportion the final assessment unless the applicant files a true copy of
that deed, mortgage or instrument with the local government.
(3) Apportionment of a final assessment under this section shall be
done in accordance with an order or resolution of the governing body of
the local government. The order or resolution shall describe each parcel
of real property affected by the apportionment, the amount of the final
assessment levied against each parcel, the owner of each parcel and such
additional information as is required to keep a permanent and complete
record of the final assessments and the payments thereon. A copy of the
order or resolution shall be filed with the recorder required to maintain
the lien docket for the local government, who shall make any necessary
changes or entries in the lien docket for the local government. [Formerly
308.140; 1991 c.902 §33; 2003 c.802 §26]Note: 223.317 to 223.327 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 223 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. When a final assessment is
being paid in installments under the Bancroft Bonding Act or ORS 450.897,
if the final assessment is apportioned among smaller parcels of real
property under ORS 223.317 to 223.327, the installments remaining unpaid
shall be prorated among those smaller parcels so that each parcel shall
be charged with that percentage of the remaining installment payments
equal to the percentage of the unpaid final assessment charged to the
parcel upon apportionment. [Formerly 308.145; 1991 c.902 §34; 1995 c.333
§22; 1997 c.833 §21]Note: See note under 223.317.A local government that imposes final assessments shall adopt
an ordinance or other regulations establishing procedures for the
equitable apportionment of final assessments under ORS 223.317 to
223.327. The ordinance or regulations shall authorize the local
government to establish fees reasonably calculated to reimburse it for
its actual costs in apportioning final assessments under ORS 223.317 to
223.327. The provisions of ORS 223.317 to 223.327 relating to
apportionment of final assessments shall apply to estimated assessments
with respect to any tract or parcel divided into smaller parcels prior to
the levy of the final assessment. [Formerly 308.150; 1991 c.902 §35; 2003
c.802 §27]Note: See note under 223.317.ASSESSMENTS FOR LOCAL IMPROVEMENTSIn levying, collecting and enforcing assessments for local
improvement, the following shall apply:
(1) Real property may be described by giving the subdivision
according to the United States survey when coincident with the boundaries
thereof, or by lots, blocks and addition names, or by giving the
boundaries thereof by metes and bounds, or by reference to the book and
page of any public record of the county where the description may be
found, or by designation of tax lot number referring to a record kept by
the assessor of descriptions of real properties of the county, which
record shall constitute a public record, or in any other manner as to
cause the description to be capable of being made certain. Initial
letters, abbreviations, figures, fractions and exponents, to designate
the township, range, section, or part of a section, or the number of any
lot or block or part thereof, or any distance, course, bearing or
direction, may be employed in any description of real property.
(2) If the owner of any land is unknown, the land may be assessed
to “unknown owner,” or “unknown owners.” If the property is correctly
described, no final assessment shall be invalidated by a mistake in the
name of the owner of the real property assessed or by the omission of the
name of the owner or the entry of a name other than that of the true
owner. Where the name of the true owner, or the owner of record, of any
parcel of real property is given, the final assessment shall not be held
invalid on account of any error or irregularity in the description if the
description would be sufficient in a deed of conveyance from the owner,
or is such that, in a suit to enforce a contract to convey, employing
such description a court of equity would hold it to be good and
sufficient.
(3) Any description of real property which conforms substantially
to the requirements of this section shall be a sufficient description in
all proceedings of assessment relating or leading to a final assessment
for a local improvement, foreclosure and sale of delinquent assessments,
and in any other proceeding related to or connected with levying,
collecting and enforcing final assessments for special benefits to the
property. [1959 c.219 §1; 1965 c.282 §4; 1971 c.198 §1; 1991 c.902 §36](1) The governing body of a local government may prescribe
by ordinance or resolution the procedure to be followed in making
estimated assessments and final assessments for benefits from a local
improvement upon the lots that have been benefited by all or part of the
local improvement, to the extent that the charter of the local government
does not prescribe the method of procedure. In addition, in any case
where the charter of a local government specifies a method of procedure
that does not comply or is not consistent with the requirements of the
Oregon Constitution, the governing body of the local government may
prescribe by ordinance or resolution the procedure that shall comply and
be consistent with the requirements of the Oregon Constitution, and the
provisions of the ordinance or resolution shall apply in lieu of the
charter provisions.
(2)(a) The ordinance or resolution prescribing the procedure shall
provide for adoption or enactment of an ordinance or resolution
designating the local improvement as to which an assessment is
contemplated, describing the boundaries of the district to be assessed.
Provision shall be made for at least 10 days’ notice to owners of
property within the proposed district in which the local improvement is
contemplated. The notice may be made by posting, by newspaper publication
or by mail, or by any combination of such methods. The notice shall
specify the time and place where the governing body will hear and
consider objections or remonstrances to the proposed local improvement by
any parties aggrieved thereby.
(b) If the governing body determines that the local improvement
shall be made, when the estimated cost thereof is ascertained on the
basis of the contract award or the departmental cost of the local
government, the governing body shall determine whether the property
benefited shall bear all or a portion of the cost. The recorder or other
person designated by the governing body shall prepare the estimated
assessment to the respective lots within the assessment district and file
it in the appropriate office of the local government. Notice of the
estimated assessment shall be mailed or personally delivered to the owner
of each lot proposed to be assessed. The notice shall state the amounts
of the estimated assessment proposed on that property and shall fix a
date by which time objections shall be filed with the recorder. Any
objection shall state the grounds for the objection. The governing body
shall consider the objections and grounds and may adopt, correct, modify
or revise the estimated assessments.
(c) The governing body shall determine the amount of estimated
assessment to be charged against each lot within the district, according
to the special and peculiar benefits accruing to the lot from the local
improvement, and shall by ordinance or resolution spread the estimated
assessments. [1959 c.219 §2; 1991 c.902 §37; 2003 c.802 §28] If
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 the
owner’s agent. If the address of the owner or of the owner’s agent is
unknown to the recorder, the recorder shall mail the notice addressed to
the owner or the owner’s agent at the address where the property is
located. 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 designated by the governing body
and having general circulation within the boundaries of the local
government where the property is located. [1959 c.219 §3; 1991 c.902 §38;
2003 c.802 §29] Estimated and
final assessments shall become a lien upon the property assessed from and
after the passage of the ordinance or resolution spreading the same and
entry in appropriate lien record of the local government. The estimated
assessment lien shall continue until the time the estimated assessment
becomes a final assessment. The local government may enforce collection
of such assessments as provided by ORS 223.505 to 223.650. [1959 c.219
§4; 1991 c.902 §39; 2003 c.802 §30]If the initial assessment has been made on the
basis of estimated cost, and upon the completion of the work the cost is
found to be greater than the estimated cost, the governing body may make
a deficit assessment for the additional cost. Proposed assessments upon
the respective lots within the assessment district for the proportionate
share of the deficit shall be made; and notices shall be sent;
opportunity for objections shall be given; such objections shall be
considered; and determination of the assessment against each particular
lot, block or parcel of land shall be made as in the case of the initial
assessment; and the deficit assessment spread by ordinance. If
assessments have been made on the basis of estimated cost, and upon
completion the cost is found to be less than the estimated cost,
provision shall be made for refund of the excess or overplus. [1959 c.219
§5; 1991 c.902 §40]The governing body of a local government may impose
additional procedural requirements. The procedural provisions of ORS
223.387 to 223.399 shall apply only where the charter or an ordinance of
a local government does not specify otherwise and the charter or
ordinance provisions comply and are consistent with the requirements of
the Oregon Constitution. The charter or ordinance provisions shall apply
to local improvements permitted by law. A local government may not
authorize a local improvement prohibited by percentage of remonstrance or
otherwise under the charter of the local government. [1959 c.219 §8; 1965
c.133 §1; 1991 c.902 §41; 2003 c.802 §31] Notwithstanding any of the provisions
of ORS 223.387 to 223.399, owners of any property against which an
assessment for local improvements has been imposed may seek a review
thereof under the provisions of ORS 34.010 to 34.100. [1965 c.133 §2]REASSESSMENT As used in ORS
223.405 to 223.485, unless the context requires otherwise, “objection”
includes remonstrances. [Amended by 1965 c.282 §5; 1991 c.902 §42] Whenever
all or part of any estimated or final assessment for local improvements
was or is declared void or set aside for any reason or its enforcement
refused by any court by reason of jurisdictional or other defects in
procedure, whether directly or by virtue of any court decision or when
the governing body is in doubt as to the validity of all or part of any
estimated or final assessment by reason of such defects in procedure, the
governing body may by ordinance or resolution make a new estimated or
final assessment or reassessment with respect to all or part of the
original estimated or final assessment upon the lots which have been
benefited by all or part of the local improvement to the extent of their
respective and proportionate shares of the full value of such benefit.
[Amended by 1991 c.902 §43] The
reassessment shall be based upon the special and peculiar benefit of the
local improvement to the respective lots at the time of the original
making of the local improvement. The amount of the reassessment shall not
be limited to the amount of the original estimated or final assessment.
In the case of a reassessment of a final assessment:
(1) The property embraced in the reassessment shall be limited to
property embraced in the original final assessment;
(2) Property on which the original final assessment was paid in
full shall not be included in the reassessment; and
(3) Interest from the date of delinquency of the original final
assessment may be added by the governing body to the reassessment in
cases where the property was included in the original final assessment,
but such interest shall not apply to any portion of the reassessment that
exceeds the amount of the original final assessment. The reassessment
shall be made in an equitable manner as nearly as may be in accordance
with the law in force at the time the local improvement was made, but the
governing body may adopt a different plan of apportioning benefits or
exclude portions of the district when in its judgment it is essential to
secure an equitable assessment. Credit shall be allowed on the new
assessment for all payments made on the original final assessment.
[Amended by 1991 c.902 §44] The reassessment when
made shall become a charge upon the property upon which it is laid
notwithstanding the omission, failure or neglect of any officer, body or
person to comply with the provisions of the charter or law connected with
or relating to the local improvement and original estimated or final
assessment or any previous reassessment, and although the proceedings of
the governing body or the acts of any officer, contractor or other person
connected with the local improvement or assessment may have been
irregular or defective, whether such irregularity or defect was
jurisdictional or otherwise. The reassessment shall not be made in case
of any local improvement wherein a remonstrance sufficient in law to
defeat it has been duly filed prior to the making of the local
improvement. [Amended by 1991 c.902 §45] The proceedings required by the
charter or other law for making of the original estimated or final
assessment are not required with reference to the making of a
reassessment. The reassessment shall be initiated by adoption of a
resolution designating the improvement as to which a reassessment is
contemplated, describing the boundaries of the district that the
governing body contemplates for the reassessment and directing the
recorder or other person to prepare a proposed reassessment upon the
property included within the district. After passage of such resolution,
the recorder or other person shall prepare the proposed reassessment and
file it in the office of the recorder. [Amended by 1991 c.902 §46] After the
proposed reassessment is filed in the office of the recorder, the
recorder shall give notice thereof by not less than four successive
publications in a newspaper published in the city in which the principal
offices of the local government are located and, if there is no newspaper
published in the city, in a newspaper to be designated by the governing
body. The notice shall show that the proposed reassessment is on file in
the office of the recorder, giving the date of the passage of the
resolution authorizing it, the boundaries of the district or a statement
of the property affected by the proposed reassessment, and specifying the
time and place where the governing body will hear and consider objections
to the proposed reassessment by any parties aggrieved thereby. [Amended
by 1991 c.902 §47; 2003 c.802 §32]
The recorder shall, within five days after the date of first publication
of the notice, mail or personally deliver to the owner of each lot
affected by the proposed reassessment, or to the agent of such owner, a
notice of the proposed reassessment, stating the matters set out in the
printed notice and also the amount proposed to be charged against the
lot. If the address of the owner or of the owner’s agent is unknown to
the recorder, the recorder shall mail the notice addressed to the owner
or owner’s agent at the address where such property is located. Any
mistake, error, omission or failure with respect to such mailing shall
not be jurisdictional or invalidate the reassessment proceedings. The
owners of any property included in the description of the printed notice,
or any person having an interest in that property, may, within 10 days
from the day of last insertion of the printed notice, file in writing
with the recorder objections against the proposed reassessment. [Amended
by 1991 c.902 §48] At the
time and place appointed in the notice the governing body shall hear and
determine all objections filed under ORS 223.435. The governing body may
adjourn the hearing from time to time, and correct, modify or revise the
proposed reassessment or set it aside and order the making of a new
proposed reassessment. However, if the proposed reassessment is corrected
or revised so as to increase the amount proposed to be charged against
any property, such reassessment shall not be made until after a new
notice has been given as stated in ORS 233.435 to the owners of property
against which the amount of assessment is proposed to be thus increased.
The publication of the notice may be for not less than two successive
insertions in a newspaper as provided in ORS 223.430, and the time when
action may be taken thereon may be not less than five days after the date
of last insertion. If the proposed reassessment is set aside and a new
apportionment ordered, notice shall be given of the new apportionment in
the manner stated in ORS 223.430 and 223.435 and action taken thereon as
provided in ORS 223.435 and 223.440. [Amended by 1991 c.902 §49] When the governing
body has determined what in its judgment is a fair, just and reasonable
reassessment, it shall pass an ordinance or resolution setting out and
making the reassessment. The reassessment so made shall be deemed to be
regular, correct, valid and just, except as it may be modified under ORS
223.450 and 223.455. [Amended by 1991 c.902 §50] When the
reassessment is duly made it shall be entered in the lien docket of the
local government. All provisions for bonding and paying by installments
shall be applicable, and such liens of the local government shall be
enforced and collected in the manner provided for collection of liens for
an original local improvement. All sums paid upon the former final
assessment or any previous reassessment shall be credited to the property
on account of which it was paid and as of the date of payment. [Amended
by 1991 c.902 §51; 2003 c.802 §33] In cases
where a sale was made under the original final assessment or any previous
reassessment, with reference to such local improvement, and the property
was not redeemed from the sale, the purchaser at the sale is subrogated
to the rights of the local government with reference to the property upon
such reassessment if the purchaser waives all penalties and interest,
except such interest as may be provided for on the reassessment, and
delivers up for cancellation any certificate or other evidence of the
sale. If a deed was issued at the sale, the grantee therein, or the
heirs, executors, administrators, successors or assigns of the grantee,
shall execute a deed of release and quitclaim of all right, title and
interest in the property under such sale to the owner of the property and
deliver the deed to the recorder, so that the owner’s title may be
cleared of the sale. The recorder shall act as escrow holder of such
certificate or other evidence of sale and of such deed pending completion
of reassessment. If the reassessment is not completed, the recorder shall
return the certificate or other evidence of sale and the deed to the
person delivering it to the recorder. If the reassessment is completed,
the certificate or other evidence of sale shall be canceled and placed on
file in the office of the recorder and the deed shall be delivered to the
owner of the property specified therein. If any such purchaser, or the
heirs, executors, administrators, successors or assigns of such purchaser
fails to comply with this section, that person is not entitled to
subrogation. In any event, the amount of subrogation shall not exceed the
amount that has been paid to the local government on such sale, together
with interest at the rate of six percent per annum from the date of sale
until the date of payment. This amount is to be paid by the local
government to the purchaser, or the heirs, executors, administrators,
successors or assigns of the purchaser if and when the local government
collects the amount of the reassessment against the property. [Amended by
1991 c.902 §52; 2003 c.802 §34] Notwithstanding any of the
provisions of ORS 223.405 to 223.485, owners of any property against
which a reassessment for local improvements has been imposed may seek a
review thereof under the provisions of ORS 34.010 to 34.100. [1965 c.71
§4] (1) The
authority granted in ORS 223.405 to 223.455 does not apply to any local
government if the local government has provided a method of reassessment
by ordinance or charter.
(2) No proceedings for making a reassessment shall be instituted
after 20 years from the date when the first assessment was entered on the
lien docket. [Amended by 1965 c.71 §3; 1991 c.902 §53; 2003 c.802 §35]METHODS OF ENFORCING LIENS AND COLLECTING ASSESSMENTS As used in ORS
223.505 to 223.595, unless the context requires otherwise, “treasurer”
means the officer designated by charter or ordinance of the local
government to collect unpaid liens or assessments, take all steps
necessary to enforce delinquent liens or assessments and to maintain
records pertaining to collection proceedings thereon. [Amended by 1991
c.902 §54; 2003 c.802 §36]In addition to the method provided by law, ordinance or the
charter of any local government for the sale of real property for
delinquent liens or final assessments, every local government may cause
the real property to be sold as provided in ORS 223.510 to 223.590 for
any final assessment, lien or installment thereof at any time after one
year from the date such lien, final assessment or installment becomes due
and payable, if bonded; otherwise, at any time after 60 days from the
time it is entered in the lien docket of the local government. [Amended
by 1991 c.902 §55; 2003 c.802 §37]
If any installment on any lien bonded, as provided by law, ordinances or
charter of the local government, is delinquent for a period of one year
from the time it became due and payable, or at any time after 60 days
from the time it became due and payable if not bonded, the recorder may
thereafter prepare and transmit to the treasurer a list in tabular form,
made up from the lien docket, describing each lien, assessment or
installment due on any bonded lien that is so delinquent. The list shall
also contain the name of the person to whom assessed, a particular
description of the property, the amount of the lien or final assessment
or the amount of the installment due on any bonded lien, and any other
facts necessary to be given. [Amended by 1991 c.902 §56; 2003 c.802 §38] Upon receipt of the
list described in ORS 223.515, the treasurer shall proceed to collect the
unpaid liens or final assessments named in the list by advertising and
selling the lots or tracts in the manner now provided by law for the sale
of real property on execution, except as otherwise provided in ORS
223.525 to 223.580 and except that sale may be made at such place within
the boundaries of the local government as may be designated in the notice
of sale. [Amended by 1991 c.902 §57; 2003 c.802 §39](1) Before a sale of real property under ORS 223.505
to 223.590 takes place, the treasurer shall have notice of the sale
printed once a week for four successive weeks in a daily or weekly
newspaper, as defined in ORS 193.010, generally circulated in the county
in which the sale will be held. The notice of sale shall set forth the
name and address of the treasurer conducting the sale, a particular
description of the real property to be sold, including a street address,
if any, the name of the owner of the property, the amount unpaid on the
lien or final assessment and the date, time and place of sale, which
shall be held in accordance with ORS 86.745 (7).
(2) The treasurer shall send a copy of the first of the four
published notices by registered or certified mail to both the owner of
the real property to be sold at the last-known post-office address of the
owner or place of residence and to the occupant, if any, of the real
property to be sold. The treasurer shall also send a notice containing
the same information required in a published notice under subsection (1)
of this section by registered or certified mail at least 60 days prior to
the sale to any person requesting notice under ORS 86.785 and to any
person having a lien or other interest in the real property to be sold if
the lien or interest appears of record. The treasurer shall retain and
file the return receipt for the registered or certified mail. [1977 c.403
§2; 1985 c.231 §1; 1991 c.902 §58] Each piece or tract of land
shall be sold, separately, and for a sum equal to but not exceeding the
unpaid lien or final assessment thereon and the interest, penalty and
cost of advertising and sale. If there is more than one bid the land
shall be sold to the bidder first offering to take it for the amount
accrued thereon. No levy upon such lots or parcels of land shall be
required except that a notice shall be posted four consecutive weeks
before the sale upon every lot or parcel. [Amended by 1977 c.403 §3; 1991
c.902 §59] A sale of real property under ORS
223.505 to 223.590 conveys to the purchaser, subject to redemption as
provided in ORS 223.565 to 223.590, all estates, interests, liens or
claims therein or thereto of any persons, together with all rights and
appurtenances thereunto belonging, excepting only the lien of a local
government on such assessments or liens as are not included in the
foreclosure proceedings. [Amended by 1991 c.902 §60; 2003 c.802 §40] The treasurer
shall enter into columns provided for that purpose in the list
transmitted to the treasurer by the recorder the date of the sale, the
name of the purchaser and the amount paid for each parcel of property
sold. The treasurer shall give a receipt to each person paying any lien
or final assessment on the delinquent list prior to the sale thereof. The
receipt must state separately the lien or final assessment, interest and
costs collected, and a duplicate of the receipt shall be filed with the
treasurer. [Amended by 1991 c.902 §61] Real property when sold for or to
satisfy a delinquent final assessment or lien, or both, must be sold for
lawful money of the United States, except as provided in ORS 223.545.
[Amended by 1991 c.902 §62] If no bid
is received for the sale of the property, the local government may
purchase the property by bidding therefor the amount of the lien or liens
and the cost of advertising and sale. The property may be struck off and
sold to the local government without actual payment of money. [Amended by
1991 c.902 §63; 2003 c.802 §41] The treasurer shall
immediately, after having sold any real property upon the list described
in ORS 223.515, make and deliver to the purchaser a certificate of sale
of the property so sold, setting forth therein the object for which the
sale was made, a description of the property sold, a statement of the
amount it sold for, the lien or final assessment for which the property
was sold, the name of the purchaser and that the sale is made subject to
redemption within one year from the date of the certificate, and then
deliver such certificate to the purchaser. [Amended by 1991 c.902 §64] The treasurer shall, within
three days after sale, return to the recorder the delinquent list, with
all collections and sales noted thereon. The recorder shall then make
proper entries of collections and sales in the appropriate lien docket.
Thereafter no transfer or assignment of any certificate of purchase of
real property sold under ORS 223.505 to 223.590 is valid unless an entry
of such transfer or assignment has been noted by the recorder in said
docket. If any property
remains unsold at the sale, it may, in the discretion of the recorder,
again be offered for sale in like manner, but not sooner than three
months after the expiration of any sale, except that in the matter of an
assessment for the opening, widening, laying out or establishing of a
street, proceedings for such sale may be taken immediately. (1) The owner, or
legal representatives of the owner, or the successor in interest of the
owner, or any person having a lien by judgment or mortgage, or owner of a
tax lien, on any property sold by virtue of ORS 223.520 may redeem it
upon conditions provided in this section. Redemption of any real property
sold for a delinquent final assessment or lien under the provisions of
ORS 223.505 to 223.590 may be made by paying to the treasurer, at any
time within one year from the date of the certificate of sale, the
purchase price and 10 percent thereof as penalty, and interest on the
purchase price at the rate of 10 percent per annum, from the date of the
certificate. Where redemption is made by the holder of a tax lien the
holder may have such redemption noted upon the record of the lien in like
manner and with like effect as prescribed in this section. Such
redemption shall discharge the property so sold from the effect of the
sale and, if made by a lien creditor, the amount paid for the redemption
shall thereafter be deemed a part of the judgment, mortgage or tax lien,
as the case may be, and shall bear like interest, and may be enforced and
collected as a part thereof.
(2) Anyone applying or seeking to redeem property sold under the
provisions of ORS 223.505 to 223.590 must pay or offer to pay the sum
necessary in lawful money of the United States.
(3) When an individual purchases real property at a foreclosure
sale under ORS 223.505 to 223.590, if, with the approval of the local
government, that purchaser incurs costs for maintaining or improving the
property during the period allowed for redemption and if the property is
subsequently redeemed, the treasurer may return all or part of the
penalty paid by the person redeeming the property to the purchaser as
provided by charter or ordinance of the local government. [Amended by
1977 c.403 §4; 1991 c.902 §65; 2003 c.576 §397; 2003 c.802 §42] After the
expiration of one year from the date of the certificate of sale, if no
redemption has been made, the treasurer shall execute to the purchaser,
or the heirs or assigns of the purchaser, a deed of conveyance containing
a description of the property sold, the date of the sale, a statement of
the amount bid, of the lien or final assessment for which the property
was sold, that the final assessment or lien was unpaid at the time of the
sale and that no redemption has been made. The statement need contain no
further recital of the proceedings prior to the sale. [Amended by 1991
c.902 §66] The effect of the
deed shall be to convey to the grantee therein named the legal and
equitable title in fee simple, to the real property described in the
deed, excepting only the lien of a local government on such assessments
or liens as were not included in the foreclosure proceedings. The deed
shall be prima facie evidence of title in the grantee, except as stated
in this section, and that all proceedings and acts necessary to make such
deed in all respects good and valid have been had and done. Such prima
facie evidence shall not be disputed, overcome or rebutted, or the effect
thereof avoided, except by satisfactory proof of either:
(1) Fraud in making the final assessment or in the final
assessment, or in the procuring of the lien.
(2) Payment of the final assessment or lien before sale or
redemption after sale.
(3) That payment or redemption was prevented by fraud of the
purchaser.
(4) That the property was sold for a lien or final assessment for
which neither the property nor its owner, at the time of sale, was
liable, and that no part of the final assessment or lien was assessed or
levied upon the property sold. [Amended by 1991 c.902 §67; 2003 c.802 §43] The grantee named
in the deed described in ORS 223.570 shall upon delivery thereof be
entitled to the immediate possession of the real property therein
described. Every
action, suit or proceeding which may be commenced for the recovery of
land sold by the treasurer for any final assessment or lien or to quiet
the title of the former owner, or the successors in interest of the
former owner, against such sale, or to set aside such sale, or to remove
the cloud thereof, except in cases where the final assessment or lien for
which the land has been sold was paid before the sale, or the land
redeemed as provided by law, shall be commenced within one year from the
time of recording the deed executed under ORS 223.570. [Amended by 1991
c.902 §68] In
any action, suit or proceeding referred to in ORS 223.585, whether before
or after the issuance of the deed, the party claiming to be the owner as
against the party claiming under the sale must tender with the first
pleading of the party and pay into the court at the time of filing such
pleading the amount of the purchase price for which the lands were sold,
together with the penalties prescribed by law at the time of the sale,
and of all taxes and final assessments or liens, or both, levied or made
upon or against the land, or any part thereof, which were paid after the
sale by the purchaser at the sale, or the heirs or assigns of the
purchaser, together with interest thereon at the rate of 10 percent per
annum from the respective times of the payment of the purchase price,
taxes, final assessments or liens, or both, by the purchaser, or the
heirs or assigns of the purchaser, up to the time of the filing of the
pleading, to be paid to the purchaser, or the heirs or assigns of the
purchaser, in case the right or title of the purchaser at the sale fails
in such action, suit or proceeding. [Amended by 1991 c.902 §69] (1)
Notwithstanding ORS 223.565 and 223.650, when a local government sells
real property under ORS 223.510 to 223.590 or pursuant to a judgment of
foreclosure entered in an action authorized by ORS 223.610 for neglect or
refusal by the owner to pay installments under ORS 223.265, the property
may be redeemed as provided in this section by the owner, a legal
representative or a successor in interest or by any other person having a
lien on the property.
(2) Redemption of such real property may be made by paying to the
treasurer of the local government, at any time within one year after the
date of sale, the following amounts:
(a) The purchase price at the foreclosure sale and 10 percent
thereof as penalty;
(b) The amount of any taxes, assessments or liens upon the property
that are paid after the sale by the purchaser at the sale; and
(c) Interest on the amounts paid under paragraphs (a) and (b) of
this subsection at a rate of 10 percent per annum from the respective
times of the payments of the purchase price, taxes, assessments or liens
to the date of redemption.
(3) A redemption of property under this section shall be made for
cash. [Formerly 223.670; 2003 c.576 §398; 2003 c.802 §44](1) When water
service is provided to a multifamily building with five or more units
with a single water meter, the owner of the real property shall be
considered the user of the water. If payment for such water is not made
when due and the water service has not been shut off or will not be shut
off, the municipal utility may place a lien on the premises to which
water service was provided for the amount due for such service.
(2) When requested by the property owner and authorized by the
municipal utility, a single water meter may serve several parcels of real
property owned by the same owner. The owner of those parcels of real
property shall be considered the user of the water. If payment for such
water is not made when due and the water has not been shut off or will
not be shut off, the municipal utility providing such service may place a
lien on the real property to which water service was provided for the
amount due for such service.
(3) At any time after 60 days from the time the lien is entered in
the lien docket of the local government, in addition to any method
provided by law, ordinance or the charter of any local government, the
lien may be foreclosed in the manner provided under ORS 223.510 to
223.595. [1993 c.786 §4; 2003 c.802 §45] All
foreclosure proceedings had or taken prior to May 28, 1927, by any
municipal corporation which substantially comply with the provisions of
ORS 223.505 to 223.590 hereby are declared to be legal and valid to the
same extent as if they were had or taken under those sections. As used in ORS
223.605 to 223.650, “liens” means liens, final assessments or
installments of final assessments and includes any of those terms.
[Amended by 1991 c.902 §70] In
addition to methods now provided by law, charters, ordinances or acts of
incorporation for the foreclosure or collection of liens, any local
government may foreclose any lien lawfully levied or assessed by it, by
suit in equity in the circuit court of the county in which the local
government is located. [Amended by 1991 c.902 §71; 2003 c.802 §46] In any
action authorized by ORS 223.610, the court may award reasonable attorney
fees to the local government bringing the action if the local government
prevails in the action. The court may award reasonable attorney fees to a
defendant who prevails in the action if the court determines that the
local government had no objectively reasonable basis for asserting the
claim or no reasonable basis for appealing an adverse decision of the
trial court. [Amended by 1981 c.897 §43; 1991 c.902 §72; 1995 c.696 §19;
2003 c.802 §47] Suits
authorized by ORS 223.610 shall be governed by ORS 88.010 to 88.100 and
93.760 and by all other laws relating to suits in equity insofar as
applicable, except as otherwise provided in ORS 223.610 to 223.650.
[Amended by 1987 c.586 §48a] In any
suit authorized by ORS 223.610, the local government may include any
number of lots upon which it has delinquent liens though the liens may
have been levied under the same or different ordinances or resolutions.
Any number of different delinquent liens may be foreclosed upon the same
lot in one suit. If there is more than one delinquent lien on any lot,
the various amounts thereof, including accrued interest, penalties, costs
and attorney fees, shall be added together and the total thereof shall be
deemed the amount of the lien for which the lot is to be sold. [Amended
by 1991 c.902 §73; 1993 c.18 §40; 2003 c.802 §48] In any suit
authorized by ORS 223.610, the record owner and all persons and
corporations claiming some right, title, lien or interest in and to any
lot involved in the suit, and also all other parties or persons unknown
claiming any right, title, estate, lien or interest in the real property
described therein or any part thereof, may be joined as party defendants. In
addition to the service of summons, each record owner of a lot involved
in the foreclosure suit shall be served with complaint in the manner
provided by law. Any issue made by the pleadings in any foreclosure suit
relating only to a certain lot or lots shall be tried separately and
determined upon motion of any party in interest therein. In any suit authorized
by ORS 223.610, it shall be a sufficient allegation of jurisdictional
facts authorizing the local government to make and levy any lien if the
complaint alleges in general terms that the local improvement was made in
the manner and as provided by law, by the local government’s charter,
ordinances, resolutions, or any of them, relating to such local
improvement. It is not necessary to specifically set forth in the
complaint any such charter provisions, ordinances or resolutions.
[Amended by 1991 c.902 §74; 2003 c.802 §49] The
local government may bid at the sale on execution of the property
involved in the foreclosure suit any amount not exceeding the sum found
by the judgment of the court to be due upon the local government’s lien,
together with interest, costs, penalties and attorney fees, and it may
credit the amount of its bid upon the execution. [Amended by 1991 c.902
§75; 1993 c.18 §41; 2003 c.576 §399; 2003 c.802 §50] The time and manner for
redemption of property from sales on execution in suits authorized by ORS
223.610 shall be the same as provided by law for the redemption of real
property from sales on execution. The amount to be paid on redemption
under this section shall be the amount for which the property was sold on
execution, together with interest thereon at the rate of six percent per
annum from the date of the sale until the date of redemption. However, no
deficiency judgment shall be entered against the owner of the property.FINANCING OF LOCAL IMPROVEMENTS; REBONDING; REINSTATEMENT; TYPE OF BONDS
ACCEPTED IN PAYMENT OF LIENS; ASSESSMENT OF PUBLIC PROPERTY Subject to the prior
approval of the governing body of the local government, the owner of any
property assessed for local improvements under state law or under the
charter of any local government, and in cases where a final assessment
for local improvement has been bonded and entered in the bond lien docket
as authorized by ORS 223.205 and 223.210 to 223.295 or the charter and
the bonded assessment has not been fully paid, may file with the auditor,
clerk or other officer charged with the keeping of records of the local
government an application for rebonding the original assessment in the
amount due and unpaid thereon. The auditor, clerk or other officer
charged with keeping the records of the local government may accept these
applications. If there is more than one final assessment on the same
piece of property, the owner may combine them in one application.
[Amended by 1991 c.902 §77; 2003 c.802 §51] (1) The
applications for rebonding shall be in the same form and preserved as
original bonding applications. The officer charged with keeping the
records of the local government shall keep the bonding applications in
convenient form for examination. The officer shall enter in a docket kept
for that purpose a description of each lot or parcel of land against
which the rebonding assessment is made, or which bears or is chargeable
for the cost of the local improvement, with the name of the then owner
and the total amount of unpaid final assessments rebonded.
(2) The total amount to be rebonded against any lot or parcel of
land must be $25 or more. The owner shall tender and pay with the
application all accrued interest due on the bonded assessment to the
first of the month preceding the date of application.
(3) No application for rebonding shall be received unless the taxes
for any quarter of the current year then due and payable, together with
the entire amount of taxes of the year immediately preceding the year in
which the application is filed, have been fully paid and evidence of such
payment satisfactory to the officer receiving the application is produced
at the time of making the application. [Amended by 1991 c.902 §78; 2003
c.802 §52] The amount of the
assessment to be rebonded shall constitute a new principal and shall be
paid in such number of equal periodic installments as the governing body
of the local government may determine, with interest thereon at the rate
per annum determined by the governing body of the local government under
ORS 223.215. [Amended by 1969 c.531 §6; 1981 c.322 §5; 1991 c.902 §79;
2003 c.802 §53] The amount of the unpaid rebonded
assessments entered in the rebonding assessment docket, with interest on
unpaid rebonded assessments at the rate per annum determined by the
governing body of the local government under ORS 223.215, against each
such lot or parcel of land, shall stand as a lien in favor of the local
government until the rebonded assessments and interest are paid. A
rebonding assessment lien shall have the same priority as all other liens
relating to assessments for local improvements. [Amended by 1969 c.531
§7; 1981 c.322 §6; 1991 c.902 §80; 2003 c.802 §54] Each local government may, by
ordinance or resolution of its governing body from time to time, issue
and sell pursuant to rebonding applications, bonds of the tenor of those
designated in ORS 223.235, in an amount not exceeding the total amount of
such applications. [Amended by 1991 c.902 §81; 2003 c.802 §55] The proceeds
from the sale of bonds issued under ORS 223.725 shall be applied as
follows:
(1) The amount provided under ORS 223.705 to be rebonded shall be
placed to the credit of the improvement bond sinking fund. Thereafter, as
soon as practicable and in so far as possible, there shall be called and
paid an equivalent amount of the bonds originally issued and so refunded
by new applications to pay in installments.
(2) The balance of the proceeds of the sale shall be placed to the
credit of the improvement bond interest fund. The
bonds and the amount thereof authorized pursuant to ORS 223.705 shall not
be counted in calculating the limited indebtedness of any local
government, fixed either by its charter, ORS 223.295, by any law, or by
the Constitution of this state, but shall be in excess thereof and
excluded from such debt limitations. [Amended by 1991 c.902 §82; 2003
c.802 §56] Except as otherwise provided
in ORS 223.705 to 223.750, the provisions of ORS 223.205 and 223.210 to
223.295 or any charter shall apply to the rebonding application, to the
form, to the manner of paying the amount entered in the bond lien docket,
to the collection of delinquent installments and to issuance, sale and
redemption of improvement bonds issued pursuant to ORS 223.725.The power granted by ORS 223.705 to
223.750 is vested in each local government and is self-operating therein
without further necessity of enacting charter or ordinance provisions
incorporating the terms of those sections. [Amended by 1991 c.902 §83;
2003 c.802 §57](1) Each local government, through its governing body,
may provide, by such ordinances, rules and regulations as may be needed,
for accepting rebonding applications, issuing bonds and otherwise
carrying out the terms of ORS 223.705 to 223.750; and may, by such
ordinance and in conformity with ORS 223.715, determine the interest rate
to be charged property owners who apply to rebond liens as provided by
those sections.
(2) No error or omission in rebonding liens shall invalidate or
impair the original bonded lien. [Amended by 1991 c.902 §84; 2003 c.802
§58]
(1) As used in this section, “bonded assessment” means any assessment for
a local improvement levied by any local government where application to
pay such assessment in installments has been filed with the local
government levying it.
(2) After approval by the governing body of any local government,
the owner of any property, against which there is outstanding any
delinquent bonded assessment, at any time before the property affected by
the assessment has been sold for the collection thereof as provided by
law, may pay any delinquent installment of the bonded assessment,
together with the amount of interest due thereon as provided by the law
governing the same, plus the cost of advertising the property for sale
and a penalty of three percent on the amount of the delinquent
installment so paid.
(3) The power granted by subsection (2) of this section is vested
in each local government and is self-operating therein without the
necessity of amending the charter thereof incorporating the terms of this
section.
(4) The governing body of each local government may, in its
discretion, by ordinance, make the provisions of this section applicable
to delinquent bonded assessments levied by it and outstanding against
property in the local government. [Amended by 1991 c.902 §85; 2003 c.802
§59] The
governing body of any incorporated city may by ordinance provide that any
or all special assessments levied against any tract or part thereof
within the city and due the city, may be paid by bonds issued by the Home
Owners’ Loan Corporation, created by Act of Congress as of June 13, 1933.
The governing body shall in the ordinance prescribe the terms and
conditions under which those bonds shall be accepted in payment of such
assessments. Any local
government may, by ordinance duly passed by its governing body, authorize
the acceptance by such local government of the general obligation bonds
or interest coupons attached, or both, of the local government, in
payment of all or any part of special assessment liens, interest or
penalties of or payable to the local government. [Amended by 1991 c.902
§86; 2003 c.802 §60]
(1) Whenever all or any part of the cost of public improvements made by
any local government is to be assessed to the property benefited thereby,
benefited property owned by the local government or any other public body
as defined in ORS 174.109 shall be assessed the same as private property
and the amount of the assessment shall be paid by the public body,
provided that the costs of the improvements are, in any given case, of
the type that may be bonded under ORS 223.205 and 223.210 to 223.215.
(2) In the case of property owned by the state, the amount of the
assessment shall be certified by the treasurer and filed with the Oregon
Department of Administrative Services as a claim for reference to the
Legislative Assembly in the manner provided by ORS 293.316, unless funds
for the payment of the assessment have been otherwise provided by law.
[Amended by 1967 c.454 §93; 1991 c.902 §87; 2003 c.802 §61](1) As used in subsections (2) to (5) of this
section:
(a) “Cemetery authority” means a nonprofit cemetery or crematory
corporation.
(b) “Sale” includes a contract of sale as well as a sale.
(2) Notwithstanding the provisions of ORS 65.855 to 65.875 or any
other provision of law, whenever all or any part of the cost of a street,
curb or sidewalk improvement made by a local government is to be assessed
to the property benefited thereby, benefited property owned and platted
for cemetery or crematory purposes by a cemetery authority shall be
assessed the same as private property. The amount of the assessment shall
be paid by the cemetery authority as provided in this section.
(3)(a) Within 60 days after the date the ordinance levying the
initial assessment is enacted by the local government, the cemetery
authority shall furnish the local government with a list of platted
burial lots within the benefited property unsold on the date such
ordinance was enacted. Until such assessment is paid in full, whenever
additional burial lots are platted within the benefited property, the
cemetery authority shall furnish the local government with a list of such
additional lots at the time the plat thereof is recorded.
(b) Out of the first funds received for the sales price of any of
such lots, the cemetery authority after setting aside perpetual care and
maintenance funds as required by law or otherwise shall credit five
percent of such sales price to a special account for the payment of the
assessment until a sum equal to the assessment and any interest due
thereon has been so credited.
(4) All funds accumulated in the special account for the payment of
assessments shall be paid semiannually to the local government levying
such assessment, the first payment to be made six months after the date
the final assessment was levied and succeeding payments each six months
thereafter until such assessment and any interest due thereon, as
provided in this subsection, is paid in full. Any funds in such account
that are not paid to the local government when due shall bear interest at
the rate of seven percent per annum from the due date until paid to the
local government.
(5) Platted property of a cemetery authority subject to an
assessment as provided in this section is exempt from execution for
collection of any such assessment while such property is held by a
cemetery authority for cemetery or crematory purposes. Any such
assessment levied against a cemetery authority shall be payable only from
the funds received for the sale of lots listed with the local government
as required by subsection (3) of this section. Except as provided in
subsection (4) of this section, interest shall not be due on the unpaid
balance of any such assessment. [1963 c.521 §§1,2; 1969 c.531 §8; 1991
c.902 §88; 2003 c.802 §62]SPECIAL CITY IMPROVEMENTS; PARKING FACILITIES; STREETS; SIDEWALKS; AIDS
TO WATER COMMERCEORS 223.805 to
223.845 shall be known as the Motor Vehicle Parking Facilities Act. Any
incorporated city may establish one or more off-street motor vehicle
parking facilities for the general use and benefit of the people of the
city, or for one or more special classes of vehicles, as appears
necessary, proper or beneficial in the public interest. For these
purposes, the city may proceed as provided in ORS 223.815 to 223.845. For the
purposes of ORS 223.810, a city may acquire property at or below the
surface of the earth, by purchase, condemnation, exchange or other lawful
manner. However, a city may not so acquire privately owned property used
for public parking unless the facility to be constructed by the city
would substantially increase the number of vehicle off-street parking
spaces available for public use. The city may use the area below the
street surface or the area beneath the surface of a park or other public
property. [Amended by 1959 c.653 §8; 1967 c.478 §1]For the purposes of ORS 223.810, a city
may:
(1) Plan, design and locate the parking facilities.
(2) Construct, alter, enlarge, repair and maintain buildings,
structures, equipment, access and entrance facilities, exit facilities,
fencing and other accessories necessary or desirable for the safety or
convenience of motorists using the off-street parking facilities.
(3) Contract with any person, firm or corporation for construction
or for operation of the parking facility upon such terms as are found to
be in the public interest, after first advertising for bids therefor by
publication not less than once a week for two consecutive weeks in a
newspaper of general circulation in the city, making two publications in
all.
(4) Lease for a period not exceeding 50 years, notwithstanding any
conflicting provision of any law, city charter or ordinance, any property
referred to in ORS 223.810 to any person, firm or corporation pursuant to
an agreement, according to such terms as are found to be in the public
interest, whereby such person, firm or corporation undertakes to
construct, where necessary, or alter or repair, and maintain and operate
on such property the buildings, structures, equipment, facilities and
accessories necessary or convenient for parking facilities, and title to
such building or structure to be constructed or altered shall vest in the
city either when constructed or altered or at the termination of said
lease. Such agreement shall be made only after first advertising for bids
therefor by publication not less than once a week for two consecutive
weeks in a newspaper of general circulation in the city, making two
publications in all. [Amended by 1953 c.668 §2] For the purposes of ORS
223.810, a city may finance the parking facilities by any one or any
combination of the following methods:
(1) General obligation bonds within the legal debt limitations, or
revenue bonds payable primarily or solely out of revenue from parking
facilities in such amounts, at such rate of interest, and upon such
conditions as may be prescribed by the legislative authority of the city.
(2) Special or benefit assessments equal to the actual costs of the
parking facilities, or a portion thereof, such assessment to be levied
against property benefited in proportion to the benefit derived, the
amount of such assessment to be determined in accordance with special
assessment practices for local improvements as now or hereafter
prescribed by the ordinances or charter provisions of the city.
(3) Parking fees, special charges or other revenue derived from the
use of off-street parking facilities by motorists, lessees,
concessionaires, commercial enterprises or others.
(4) General fund appropriations.
(5) State or federal grants or local aids.
(6) Parking meter revenues.
(7) General property taxes, or gift, bequest, devise, grant or
otherwise.
(8) For any city under 300,000 according to the latest federal
decennial census, a reasonable annual fee on the privilege of occupying
real property within the city or a district of the city to carry on a
business, occupation, profession or trade. In levying the fee, the
governing body shall take into consideration the unmet off-street parking
requirements of such business. The proceeds of the fee, less refunds and
costs of collection, shall be used solely for the purposes of ORS 223.805
to 223.845. The fee is in addition to, and not in lieu of, any other tax,
assessment or fee required by state or local law or ordinance. [Amended
by 1959 c.653 §9; 1967 c.380 §1; 1969 c.380 §1; 1991 c.902 §89] For the purposes
of ORS 223.810, a city may rent or lease to any individual, firm or
corporation any portion of the premises established as an off-street
parking facility for service concessions, commercial uses or otherwise,
after first advertising for bids therefor by publication not less than
once a week for two consecutive weeks in a newspaper of general
circulation in the city, making two publications in all. [Amended by 1967
c.380 §2] For the
purposes of ORS 223.810, a city may:
(1) Charge such fees as the legislative authority of the city finds
fair and reasonable for the privilege of using the off-street parking
facilities. These fees need not be limited to the cost of operation and
administration but may be for revenue.
(2) Regulate and restrict the use of the parking facilities or
prohibit the use thereof for vehicles of more than a class or classes of
vehicles and provide penalties for violation of such regulations or
prohibitions. For
the purposes of ORS 223.810, a city may sell, encumber, lease, exchange
or otherwise dispose of property and property rights acquired as may be
found in the public interest.(1) If a city establishes an off-street motor vehicle parking
facility under ORS 223.810, the city may operate the off-street motor
vehicle parking facility or lease the facility under ORS 223.820. The
city may not operate service concessions in an off-street motor vehicle
parking facility. If a city issues revenue bonds under ORS 223.825 to
finance the acquisition and construction of an off-street motor vehicle
parking facility, the city shall provide, for as long as those revenue
bonds are outstanding, that the revenues derived from the operation of
the off-street motor vehicle parking facility be disbursed by the city
for some or all of the following purposes:
(a) Payment of interest on and retirement of principal of bonds
issued by the city for financing the acquisition or construction of the
off-street motor vehicle parking facility or other parking facilities of
the city.
(b) Payment of the necessary costs and expenses of operating the
off-street motor vehicle parking facility and other parking facilities of
the city.
(c) Creation and maintenance of a reserve account to make necessary
replacements to the off-street motor vehicle parking facility and other
parking facilities of the city.
(d) Payment to the taxing bodies in lieu of taxes an amount equal
to the ad valorem taxes that would be derived from the off-street motor
vehicle parking facility if under private ownership.
(e) Reimbursement of owners of real property for special
assessments paid by them and levied against real property to finance the
off-street motor vehicle parking facility.
(f) Payment to the city of a fair return on its investment in
parking facilities for the purpose of making additional parking and
traffic improvements.
(2) If an off-street motor vehicle parking facility generates more
revenue than required for the purposes described in subsection (1) of
this section, the governing body of the city shall reduce the rates
charged for the use of the off-street motor vehicle parking facility.
[Amended by 1959 c.653 §10; 1999 c.559 §3]When authorized at any
properly called election, the governing body of a city may assess, levy
and collect annual assessments upon any real property within its
boundaries for street lighting, street maintenance and street cleaning
services which benefit the property. [1983 c.234 §2] (1) A measure
authorizing assessments under ORS 223.851 to 223.876 shall specify the
services proposed to be financed by the assessments, the maximum amount
that may be imposed and the number of years in which assessments will be
made.
(2) Each assessment measure shall provide for the operation and
maintenance of a single street lighting, street maintenance or street
cleaning service. More than one measure may be submitted to the electors
at a single election. Assessments for street lighting may include an
amount sufficient to pay construction, reconstruction, modification and
installation costs as well as operating and maintenance costs.
(3) The measure shall provide that assessments are in lieu of any
existing local option tax for the service to be provided. [1983 c.234 §3;
1999 c.21 §4] Assessments shall be based upon any
reasonable basis of assessment related to services received by the
assessed property for the period specified in the measure. [1983 c.234 §4](1) The city each year shall estimate assessments needed and
the amount of assessment for each tax account, and the amount thereof may
be levied and returned to the officer whose duty it is to extend the ad
valorem tax roll at the time required by law for taxes to be levied and
returned.
(2) All assessments levied by the city shall become payable at the
same time, may be collected by the same officer who collects ad valorem
taxes and shall be turned over to the city according to law.
(3) The officer whose duty it is to extend the city levy may extend
the levy of the city in the same manner as city taxes are extended.
(4) Property shall be subject to sale for the nonpayment of
assessments levied by the city in like manner and with like effect as in
the case of city taxes. [1983 c.234 §5]ORS 223.851 to 223.876 are
in addition to and not a limitation on authority a city may exercise
under its charter. [1983 c.234 §7](1) The governing body of a city may include
property located outside the city as part of the property to be improved
or to be assessed for a street improvement, subject to the following
conditions:
(a) The type of street improvement is one which the city has
authority to finance by assessments against property within the city.
(b) The governing body of the county, by resolution, approves the
improvement if any portion of it is outside the city.
(c) The governing body of the county, by resolution, approves the
assessment of the property outside the city.
(d) The assessment authority, including authority to enforce
collection of assessments, is exercised for property outside the city in
the same manner as for property within the city.
(2) The owners of property outside the city subject to assessment
under this section shall have the same rights, including remedies, which
the owners of property within the city may have. [Formerly 308.170]Note: 223.878 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 223 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.Any incorporated city, in addition to
powers granted by law or charter, may include in any sidewalk improvement
district within the city all county roads or state highways or any part
thereof which are located within the improvement district. It may cause
to be built on the county roads or state highways or portions thereof
within the improvement district, sidewalks for pedestrian travel, and may
assess the cost thereof upon the property benefited thereby, in the
manner provided by charter or law. [Formerly 223.850] In
order to secure benefit from the United States Bonneville electrical and
navigation project, all cities may purchase, acquire by condemnation, or
lease, real property for the purpose of constructing thereon wharves,
docks or other similar structures, or other aid to water-borne commerce,
or for providing for sites for the location and operation of industrial
or manufacturing plants or works thereon which will use the electrical
energy developed by the Bonneville project and which would constitute
feeders for docks, wharves or other aids of water-borne commerce.
[Formerly 223.855]
In carrying out the powers granted by ORS 223.882, cities are granted the
right of eminent domain and the right to take private property for the
public uses authorized by ORS 223.882. This power shall be exercised as
provided by ORS chapter 35. Real property located without the corporate
limits of the city, adjacent or contiguous to any of the boundary lines
of the corporate limits of the city or within 10 miles of the boundary
line of the corporate limits of any such city, may be acquired under the
terms of this section. The determination of the council, commission of
public docks, or other administrative body of the city having
jurisdiction of its wharf or dock property that the acquiring of any
particular real property is necessary to carry out the purposes of ORS
223.882 shall be sufficient foundation for the exercise of the right of
eminent domain, notwithstanding that there is other real property
available that might be used for those purposes. [Formerly 223.860; 1971
c.741 §22]In carrying out the powers conferred by ORS
223.882, the city may borrow money from any person, corporation or agency
of the United States Government for the purchase of any real property
described in ORS 223.882, or for paying the cost of improvements on any
real property, which improvements may include the construction of docks,
wharves or other structures and appurtenant appliances or fixtures or
machinery necessarily required to operate a wharf or dock. In borrowing
money for any of these purposes the cities may secure money so borrowed
by executing and giving a mortgage or similar indenture on any such real
property and its revenues. If repayment of money borrowed for acquisition
or improvement of any such real property is not to be secured solely by
the real property and the income derived therefrom, then, before a debt
for the purpose of this section or ORS 223.882 can be contracted or
incurred, the consent of the electors of the city must first be obtained.
[Formerly 223.865] In the execution of
powers conferred by ORS 223.882 to 223.886, a city may act through its
council, commission of public docks, or other administrative body having
jurisdiction of its wharves, docks or waterfront property. The city or
its said administrative body may enter into and execute contracts or
leases and do all acts and things requisite for carrying out the purposes
of ORS 223.882 to 223.900. [Formerly 223.870] In leasing or renting any
part or portion of the real property acquired pursuant to the authority
of ORS 223.882 to any individual or corporation, a city shall act in
conformity with the requirements of ORS 271.300 to 271.360 when those
sections are applicable. [Formerly 223.875; 1985 c.443 §2]MISCELLANEOUS PROVISIONS (1) Except in pursuance of
any contract or agreement entered into by and between any municipality
and any federal agency prior to January 1, 1943, no municipality shall
borrow any money or deliver any bonds pursuant to the provisions of
chapter 455, Oregon Laws 1937, after January 1, 1943.
(2) Except in pursuance of any contract or agreement entered into
by and between any municipality and any federal agency prior to December
31, 1941, no municipality shall exercise any of the powers conferred by
chapter 348, Oregon Laws 1935, after December 31, 1941.
All bonds or other obligations issued prior to March 27, 1939, pursuant
to an election held under chapter 455, Oregon Laws 1937, and all
proceedings taken prior to March 27, 1939, with respect to bonds or other
obligations authorized prior to March 27, 1939 by an election held under
chapter 455, Oregon Laws 1937, and which were issued within one year
after March 27, 1939, by municipalities, for the purpose of obtaining
loans from the Federal Emergency Administration of Public Works, pursuant
to chapter 455, Oregon Laws 1937, are validated, ratified, approved and
confirmed. All bonds or other obligations so issued and approved and all
proceedings taken prior to March 27, 1939, with respect to bonds or other
obligations authorized prior to March 27, 1939, by an election held under
chapter 455, Oregon Laws 1937, and to be issued within one year after
March 27, 1939, are confirmed and approved. The bonds or other
obligations issued prior to March 27, 1939, are declared to be legal and
binding obligations upon such municipalities for any and all purposes.Bonds issued under chapter 455, Oregon
Laws 1937, are not subject to any limitations on municipal indebtedness
as provided by law, including but not limited to ORS 287.004. However,
all bonds issued under chapter 455, Oregon Laws 1937, shall be included
in determining the power of a municipality to issue bonds under any other
law. The bonds issued under chapter 455,
Oregon Laws 1937, are payable in the manner provided by ORS 287.006;
except that ORS 287.006 shall not apply to bonds payable solely from
revenues. In order to
secure payment of any bonds issued pursuant to chapter 455, Oregon Laws
1937, and interest thereon, or in connection with such bonds, any
municipality may:
(1) Pledge the full faith and credit and taxing power of the
municipality to the punctual payment of the principal and interest on
such bonds.
(2) Pledge all or any part of the revenues received or receivable
by the municipality from any public works project then existing or
thereafter to be constructed for the punctual payment of the principal of
the bonds issued for such public works project, and the interest thereon,
and to covenant against thereafter pledging any such revenues to any
other bonds or any other obligations of the municipality for any other
purpose.
(3) Provide for the terms, form, registration, exchange, execution
and authentication of such bonds.
(4) Covenant as to the revenues to be charged in connection with
the public works project for which such bonds are to be issued and as to
the use and disposition to be made thereof.
(5) Covenant to set aside or pay over reserves and sinking funds
for such bonds and as to the disposition thereof.
(6) Redeem such bonds, and covenant for their redemption and
provide the terms and conditions thereof.(1) Any city may construct, improve, maintain and repair any street
the roadway of which, as defined in the Oregon Vehicle Code, is along or
along and partly without, or partly within and partly without the
boundaries of the city and may acquire, within and without the boundaries
of such city, such rights of way as may be required for such street by
donation or purchase or by condemnation in the same manner as provided in
ORS 223.005 to 223.105, except as provided in subsection (2) of this
section.
(2) In any condemnation proceeding pursuant to subsection (1) of
this section, a city shall not have any right of occupancy or possession
until the condemnation judgment is paid. [1955 c.551 §1; 1985 c.16 §453] A city governing body may
initiate proceedings to legalize a city road within the city under ORS
223.935 to 223.950 if any of the following conditions exist:
(1) If, through omission or defect, doubt exists as to the legal
establishment or evidence of establishment of a public road.
(2) If the location of the road cannot be accurately determined due
to:
(a) Numerous alterations of the road;
(b) A defective survey of the road or adjacent property; or
(c) Loss or destruction of the original survey of the road.
(3) If the road as traveled and used for 10 years or more does not
conform to the location of a road described in the city records. [1989
c.375 §1] (1)
If proceedings for legalization of a road are initiated under ORS
223.935, the city governing body shall:
(a) Cause the road to be surveyed to determine the location of the
road;
(b) Cause the city engineer or other city road official to file a
written report with the city governing body including the survey required
under this section and any other information required by the city
governing body; and
(c) Cause notice of the proceedings for legalization to be provided
to owners of abutting land in the manner required by city ordinance or
charter.
(2) In a proceeding under this section, any person may file with
the city governing body information that controverts any matter presented
to the city governing body in the proceeding or alleging any new matter
relevant to the proceeding. [1989 c.375 §2]
(1) A city governing body shall provide for compensation under this
section to any person who has established a structure on real property if
the structure encroaches on a road that is the subject of legalization
proceedings under ORS 223.935 to 223.950.
(2) To qualify for compensation under this section, a person must
file a claim for damages with the city governing body before the close of
the hearing to legalize the road. The city governing body shall consider
a claim for damages unless the city governing body determines that:
(a) At the time the person acquired the structure, the person had a
reasonable basis for knowing that the structure would encroach upon the
road;
(b) Upon the original location of the road, the person received
damages;
(c) The person or the person’s grantor applied for or assented to
the road passing over the property; or
(d) When making settlements on the property, the person found the
road in public use and traveled.
(3) The compensation allowed under this section shall be just
compensation for the removal of the encroaching structure.
(4) The city governing body may proceed to determine compensation
and acquire the structure by any method authorized by law or by the city
charter.
(5) If a city governing body determines that removal of the
encroaching structure is not practical under this section, the city
governing body may acquire property to alter the road being legalized.
[1989 c.375 §3] (1) After
considering matters presented in a proceeding to legalize a road under
ORS 223.935 to 223.950, a city governing body shall determine whether
legalization of the road is in the public interest and shall enter an
order abandoning or completing the legalization procedures on the road.
(2) When a city governing body legalizes a road under ORS 223.935
to 223.950, the city governing body shall cause the road to be surveyed
and the centerline and right of way to be monumented by a registered
professional land surveyor. The survey map and narrative for such survey
shall be prepared and filed with the county surveyor in accordance with
ORS 209.250.
(3) Courts shall receive any order filed under this section as
conclusive proof that the road exists as described in the order.
(4) Upon completion of the legalization procedures under ORS
223.935 to 223.950:
(a) Any records showing the location of the road that conflict with
the location of the road as described in the order are void; and
(b) The road exists as shown on the order legalizing the road.
[1989 c.375 §4]
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