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USA Statutes : oregon
Title : TITLE 31 HIGHWAYS, ROADS, BRIDGES AND FERRIES
Chapter : Chapter 371 Road Districts and Road Assessment Plans
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For the purpose of
improving county roads, as defined in ORS 368.001, or public roads within
the boundaries of a city or drainage district, numbered road districts
may be formed from contiguous territory within the county. [Amended by
1971 c.727 §101; 1989 c.593 §3]
Every drainage district consisting of 5,000 acres or more, and every
city, shall constitute a separate road district. The county court shall
not divide such territory to include any of it in any other road district
unless the people of the drainage district or city, by majority vote at
an election held pursuant to law, vote that the territory be included by
the county court in a road district established by the county court. The
county court may include in the road district of any drainage district
contiguous property adjoining or adjacent to such drainage district, but
in no event shall the total area added by the county court be more than
50 percent of the area of the drainage district. [Amended by 2003 c.802
§101]Any construction, maintenance and repairs on roads
within the boundaries of a drainage road district shall be only on such
public roads, as defined in ORS 368.001, within the district as are
designated by order of the board of supervisors of the drainage district.
The board of supervisors of such drainage district may cooperate with the
county court in construction, maintenance and repairs on roads within the
boundaries of the drainage district, and for this purpose may levy in any
one year a tax on every acre of land in the district in the proportion
that the acre is benefited by the proposed construction, maintenance or
repair, but in no event to exceed $1 for any one acre. The amount of the
tax shall be certified to the county assessor of each county in which
lands of the district are situated, and thereafter collected in the same
manner as the annual installment of drainage tax is certified and
collected. [Amended by 1981 c.153 §71]
Any construction, maintenance and repairs on roads within the boundaries
of a city that constitutes an entire and separate road district under ORS
371.060 shall be only on such public roads, as defined in ORS 368.001,
within the district as are designated by order of the governing body of
the city. The governing body of the city may cooperate with the county
court in construction, maintenance and repairs on roads within the
boundaries of the city. [1989 c.593 §2; 2003 c.802 §102] Any island or part
thereof exceeding in area 12 square miles and located in any one county
hereby is constituted a separate and distinct road district of the county.Upon the petition of 12 or a
majority of the resident freeholders of any road district, approved by
the roadmaster, praying for a change in grade or other extensive
improvements to a public road as defined in ORS 368.001, the county court
shall instruct the county surveyor, engineer or roadmaster to proceed as
soon as convenient to the place named in the petition and make such
investigations, surveys or estimates as the county court requires and
report the same in writing to the county court, setting forth all
material matters necessary to fully advise the county court. If the
county court determines in favor of such improvement, it shall grant the
petition and proceed to make the change in grade or improvements.
[Amended by 1981 c.153 §72] (1) A road
district may assess, levy and collect each year an ad valorem tax on all
taxable property within the road district.
(2) Ad valorem taxes authorized by this section shall be paid in
money and shall be levied and collected in the same manner as other
county taxes.
(3) Notwithstanding ORS 294.316 (5), 294.305 to 294.565 apply to
the road district for each fiscal year in which ad valorem taxes are
assessed and levied by the district. [1987 c.667 §2] (1) All tax moneys levied
and collected by the road district shall be credited and kept as a
special fund by the county treasurer to the account of the road district.
No part of such fund shall be transferred or loaned.
(2) Except as provided in subsection (3) of this section, the whole
amount of the tax moneys levied and collected by the road district shall
be expended under the supervision of the county court upon roads within
the road district boundary of the district voting the tax as the
boundaries existed at the time the tax was voted, and not elsewhere.
(3) The fund collected from taxes levied and assessed by a road
district comprising and constituted from a city, and from property
situated within the city, shall be expended under the supervision of the
governing body of the city and not under the supervision of the county
court. This fund shall be paid over to the city by the county treasurer
when collected. [Amended by 1983 c.350 §240; 1985 c.307 §3; 1987 c.667
§3; 1989 c.593 §4; 2003 c.802 §103](1) If the boundaries of any road district are changed after the levy of
any road tax in or for such road district and before the expenditure of
the tax, provision shall be made by the county court for such expenditure
in the localities contemplated at the time of levy, notwithstanding the
change in boundaries.
(2) For purposes of ad valorem taxation, a boundary change must be
filed in final approved form with the county assessor and the Department
of Revenue as provided in ORS 308.225. [Amended by 2001 c.138 §19]SPECIAL ROAD DISTRICTS Contiguous
territory lying within any county and not incorporated within the limits
of a city may be formed into, or included in, a special road district in
the manner provided by ORS 371.305 to 371.360. [Amended by 1961 c.681 §1;
1965 c.498 §4; 2003 c.802 §104](1)
If a county court approves a petition for formation of a special road
district, the order of the county court declaring the formation shall
also declare, in addition to other matters specified in ORS 198.810,
whether the commissioners of the district shall be appointed by the
county court or elected by the electors of the district.
(2) When a special road district is situated within a county, the
county court, by ordinance, may provide for a change in the method of
selection of the commissioners of the district. The ordinance shall
specify whether election or appointment shall be the method of selecting
commissioners and shall prescribe the procedures for effecting the change.
(3) When a county court, by an order or ordinance described in this
section, requires the commissioners of a special road district to be
elected, the county shall pay the costs of conducting the elections at
which the commissioners of the district are elected. [1999 c.764 §2] If a proposal for
formation of a special road district is approved and the proposal
specifies an elected district board of commissioners, members of the
district board of commissioners shall be elected at the election held to
form the district. [1999 c.764 §4] If a proposal for
formation of a district is approved and the proposal specifies an
appointed district board of commissioners, the county court shall appoint
three persons with the qualifications described in ORS 371.338 (1) to be
the first commissioners of the district and shall designate the term of
office of each. [Amended by 1961 c.681 §2; 1965 c.498 §6; 1971 c.727
§102; 1999 c.764 §3] A special road district may be formed
for the purpose of improving roads within the district. A special road
district has the power:
(1) To make contracts.
(2) To acquire, hold, receive and dispose of real and personal
property.
(3) To sue and be sued.
(4) To exercise the power of eminent domain.
(5) To assess, levy and collect taxes on all taxable real property
within the district.
(6) To do any other act necessary to carry out the purposes of ORS
371.305 to 371.360. [1961 c.681 §5; 1963 c.9 §20; 1965 c.498 §7; 1969
c.568 §2; 1971 c.727 §103; 1987 c.667 §6; 2003 c.802 §105](1) The powers of a special road district are
vested in a district board of commissioners consisting of three
commissioners appointed by the county court. Each commissioner shall be
an elector of the district. The term of office of a commissioner is three
years commencing on January 1 of the year of appointment. Vacancies on
the board shall be filled by the county court by appointment for the
unexpired term.
(2) Notwithstanding the three-year term of office prescribed in
subsection (1) of this section, of the commissioners first appointed to a
board one commissioner shall be appointed for a term ending December 31
of the second year following the year in which that commissioner first
takes office, one commissioner for a term ending December 31 of the year
following the year in which that commissioner first takes office and one
commissioner for a term ending December 31 of the year in which that
commissioner takes office.
(3) Before entering upon the duties of office, a commissioner shall
take and subscribe an oath to support the Constitution and laws of the
State of Oregon and of the United States, and to well and faithfully
perform the duties of office to the best of the commissioner’s knowledge
and ability. [1961 c.681 §6; 1983 c.83 §81] As
soon as possible after the first commissioners are appointed to the
district board of commissioners, and thereafter during each January, the
board shall meet and organize by selecting from their number a president,
a secretary and a treasurer. The board shall hold one regular meeting
each month at a time and place within the district designated by the
board. All meetings of the board shall be open to the public and the
records of the district shall be available for public inspection. [1961
c.681 §§7,8; 1969 c.344 §5; 1969 c.345 §7]
When a special road district has an elected district board of
commissioners, ORS 371.349 and 371.351 are effective in that district in
lieu of ORS 371.338 and 371.342. [1999 c.764 §5](1) The powers of a special road district are
vested in a district board of commissioners consisting of three
commissioners elected by the electors of the district. Each commissioner
shall be an elector of the district. The term of office of a commissioner
is four years commencing on July 1 following the date of election. A
commissioner may serve until a successor is elected and qualified.
Vacancies on the board shall be filled by the district board by
appointment for the unexpired term.
(2) Notwithstanding the four-year term of office prescribed in
subsection (1) of this section, of the commissioners first elected to a
board, the term of one commissioner shall end on June 30 of the second
year following the year in which that commissioner first takes office.
(3) ORS chapter 255 governs the nomination and election of the
commissioners of a special road district and the conduct of all elections
in the district.
(4) Before entering upon the duties of office, a commissioner shall
take and subscribe an oath to support the Constitutions and laws of the
State of Oregon and of the United States, and to well and faithfully
perform the duties of office to the best of the commissioner’s knowledge
and ability. [1999 c.764 §6] As
soon as possible after the first commissioners are elected to the
district board of commissioners, and thereafter during each July, the
board shall meet and organize by selecting from their number a president,
a secretary and a treasurer. The board shall hold one regular meeting
each month at a time and place within the district designated by the
board. All meetings of the board shall be open to the public and the
records of the district shall be available for public inspection. [1999
c.764 §7] The
district board of a special road district located in a county of between
3,000 and 3,500 square miles and with a population of between 100,000 and
200,000 may seek elector approval to divide the district into zones for
the purpose of imposing and levying property taxes at a different rate
and amount on the assessed value of all taxable property in each zone.
The establishment of zones within a district under ORS 371.353 to 371.357
must be based upon and reflect qualitative differences in the services
provided by the district to the residents and their property in each
zone. [2001 c.553 §2] (1) The district board of a
special road district seeking to establish tax zones under ORS 371.353 to
371.357 shall cause a notice of a public hearing relating to the
formation of the tax zones to be published once a week for two successive
weeks in the newspaper in general circulation in the district that, in
the judgment of the district board, will afford the best notice to the
residents of the district.
(2) The notice published under this section shall set forth:
(a) The resolve of the district board to divide the district into
zones.
(b) The boundaries of the proposed zones.
(c) The estimated percentage of the total amount of ad valorem
taxes of the district that will be collected in each zone.
(d) The date, hour and place of the hearing.
(e) That all interested persons may attend and shall be given a
reasonable opportunity to be heard. [2001 c.553 §3] (1)
Following the notice required under ORS 371.354, the district board of a
special road district seeking to establish tax zones shall conduct a
public hearing at which district residents and property owners may
testify about the proposed zones.
(2) Following the hearing, if the district board decides to
proceed, the district board shall submit a measure to the electors of the
district that establishes the zones and zone boundaries. The measure
shall state the operating tax rates proposed to apply to each zone,
stated as a percentage, not to exceed 100 percent, of the lesser of the
district’s statutory or permanent rate limit. The measure may contain any
other provisions deemed necessary by the district board.
(3) The measure shall be approved and the tax zones established if
a majority of district electors voting on the question vote in favor of
the measure.
(4) If district electors establish tax zones within a road district
pursuant to this section, the operating tax rate applicable to each zone
may not be modified for three tax years following zone establishment.
(5) If tax zones within a road district are established under this
section, zone boundaries may not be changed unless notice of the zone
boundary change is given and elector approval of the change is obtained
in the same manner as zones are established under ORS 371.353 to 371.357.
[2001 c.553 §4] (1) If a
special road district is divided into tax zones under ORS 371.353 to
371.357, the district board shall determine, make and declare each item
of ad valorem property tax, as set forth in ORS 310.060 (2), for each
zone when the district board adopts its budget for any fiscal year.
(2) The operating tax rate for each tax zone of the district may
not exceed the lesser of the statutory or permanent rate limit for
operating taxes of the district established under ORS 310.200 to 310.242
or section 11 (3), Article XI of the Oregon Constitution. [2001 c.553 §5]For purposes of ad valorem taxation, a boundary change must
be filed in final approved form with the county assessor and the
Department of Revenue as provided in ORS 308.225. [2001 c.138 §21] (1) The proceeds of the
tax levied and collected for the district shall be deposited in a bank or
banks designated by the district board of commissioners. Such moneys
shall be paid out only upon order of the board by checks or drafts signed
by the president and treasurer of the board. All deposits of any district
in any bank in excess of the amount protected by Federal Deposit
Insurance Corporation insurance shall be secured by deposit of bonds of
the United States.
(2) Any moneys on deposit in a county treasury in a special fund of
a road district on August 9, 1961, shall be paid to the district board of
commissioners for deposit as provided in subsection (1) of this section.
[Amended by 1961 c.681 §13]If any district existing on August 22, 1969, had a tax limitation
set forth in the petition for formation as provided by ORS 371.310, prior
to amendment by section 1, chapter 568, Oregon Laws 1969, the limitation
stated in such petition shall not be effective to limit the taxing
authority of any such district after August 22, 1969. Such limitation
shall be construed to be effective only to limit taxes levied prior to
August 22, 1969, and after the formation of the district. [1969 c.568 §3]Note: 371.385 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 371 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.ROAD ASSESSMENT DISTRICTS As used in ORS
371.405 to 371.535:
(1) “County court” includes the board of county commissioners
sitting for the transaction of general county business.
(2) “District” means a road assessment district organized under ORS
371.405 to 371.535. [Amended by 1955 c.227 §1; 1971 c.647 §69; 2003 c.802
§106](1) A road
assessment district may be formed in any county having a population of
19,000 and not more than 25,000, as shown by the decennial federal
census, and shall consist of an area of more than 20,000 acres or an
assessed valuation of taxable property of not less than $1 million,
according to the last county assessment roll. A road assessment district
may be formed to provide for the improvement, repair or reconstruction of
the public roads within such area of land.
(2) A road assessment district formed under subsection (1) of this
section shall continue in existence under the provisions of ORS 371.405
to 371.535 notwithstanding a growth in population exceeding 25,000, as
shown by a subsequent decennial federal census, in the county where the
road district was formed. [Amended by 1955 c.227 §2; 1971 c.727 §104;
1981 c.69 §1] (1) ORS
chapter 255 governs the following:
(a) The nomination and election of directors, except as provided in
ORS 371.455.
(b) The conduct of district elections.
(2) The electors of a district may exercise the powers of the
initiative and referendum regarding a district measure, in accordance
with ORS 255.135 to 255.205. [1983 c.350 §243](1) Except as provided in subsection (2) of
this section, the term of director is four years.
(2) The three directors elected as the first district board shall
determine by lot the length of term each shall hold. The term of one
director shall expire June 30 next following the first regular district
election and the terms of two directors shall expire June 30 next
following the second regular district election.
(3) Within 10 days after receiving certificates of election, the
directors shall take and file their official oath which shall be filed in
the office of the directors.
(4) A director shall be an elector of the district and shall have
resided within the proposed district for more than 30 days immediately
prior to the date of the election.
(5) The board of directors shall fill any vacancy on the board by
appointment as provided in ORS 198.320. [Amended by 1969 c.669 §6; 1971
c.647 §73; 1971 c.727 §§106,194; 1973 c.796 §60; 1975 c.647 §33; 1983
c.350 §244]After expiration of the time for filing nominations for a regular
district election, if the board of directors determines that the number
of candidates nominated equals the number of positions to be filled on
the board, the district need not hold the election. Instead, the board of
directors, within 10 days after expiration of the time for filing
nominations, shall declare the candidate or candidates elected. [Amended
by 1955 c.227 §3; 1971 c.647 §74; 1983 c.350 §245] Special elections may be called by
resolution of the board of directors for any proper purpose. [1963 c.364
§1; 1971 c.647 §75](1) Within the first 10 days of July in
each year next following their election, excepting the year immediately
after the election upon organization, the board of directors shall meet
and choose one of their number president of the board and elect some
suitable person as secretary. The secretary, who may or may not be a
member of the board of directors, shall hold office during the pleasure
of the board.
(2) The board of directors shall keep a record of all its
proceedings, which shall be open to the inspection of all owners of
property within the district.
(3) The secretary shall be paid such amount as the board of
directors shall fix.
(4) The board of directors shall hold a regular monthly meeting at
a time fixed by it and entered in its records and such special meetings
as may be required for the proper transaction of business. Written notice
of each special meeting shall be given to each member of the board at
least 24 hours prior to the time of meeting, stating the particular
business to come before such meeting. No business shall be transacted at
special meetings other than as specified in the notice, unless by
agreement of all the directors entered in the minutes. [Amended by 1955
c.227 §4; 1971 c.403 §5] The board of
directors has the following powers and authority, which are not exclusive
but are a general outline of powers to be construed liberally:
(1) To examine, supervise, order, construct, direct and control the
repair, construction, maintenance and reconstruction of all the roads and
highways within the district, except primary and secondary state highways
and other highways under the exclusive jurisdiction of the Department of
Transportation, to the end that such roads and highways shall be kept in
the best condition and state of repair possible within their power,
authority and the financial condition of the district.
(2) To levy and collect assessments as provided in ORS 371.500 and
371.505.
(3) To have surveys, estimates and plans made for improvement,
maintenance and reconstruction of the roads of the district.
(4) To request the county court of the county in which the district
is situated to provide to the district the services of the county
engineer for the work of the district, and, if the county court does not
provide for such district a duly qualified engineer, registered by the
state, who has had not less than two years’ experience in the
construction and maintenance of roads and highways, to employ a qualified
engineer registered by the state, who has had not less than two years’
experience in the construction and maintenance of roads and highways,
until such time as the county court may comply with the request of the
district.
(5) To designate roads within the district for construction,
improvement or repair, to request the county court of the county in which
the district is situated to provide the right of way for the roads and to
construct, repair and improve the roads in accordance with the plans
formulated by the engineer employed by the directors. If the board of
directors certifies to the county court that funds are available to
defray the cost of acquiring such rights of way and the construction,
improvement or repair of the road, the county court thereupon shall
acquire the necessary right of way and proceed with the necessary
construction, repair or improvement at the expense of the road assessment
district.
(6) To contract under ORS 366.572 (1) or 366.576 with the approval
of the county court of the county in which the district is situated.
(7) To disburse by order signed by the president and the secretary
the funds of the district in payment of the expenses of the district or
for the costs of road improvement, maintenance or reconstruction.
(8) To sue or be sued in the name of the district.
(9) Any and all authority and power necessary to carry out the
particular powers and purposes of ORS 371.405 to 371.535. The board of directors
may contract with any city within or adjacent to the district for the
repair, improvement and reconstruction of streets or public ways within
the city, where the improvement of the streets is a part of the general
road system of the district. The contract shall be upon terms mutually
agreeable to the board of directors of the district and the governing
body of the city. [Amended by 2003 c.802 §107] A road
assessment district has authority over all roads and highways within the
district, except state primary and secondary highways, and streets,
alleys or public ways within a city within the district other than as
provided by ORS 371.480. [Amended by 2003 c.802 §108] It is the intent of the
legislature that the districts authorized by ORS 371.405 to 371.535 shall
be special assessment districts and all taxable properties therein
located shall be benefited in proportion to the assessed valuations of
the various taxable properties therein as from time to time determined by
the county assessment roll of the property. [Amended by 1955 c.227 §5](1) The board of
directors, in each fiscal year, shall make a computation of the total
amount of money to be raised by the district through assessments for the
ensuing fiscal year of July 1 to June 30, next following, for any and all
purposes whatsoever in carrying out the provisions of ORS 371.405 to
371.535, including estimated delinquencies on assessments. This amount of
money, when determined by the board of directors, shall be and constitute
an assessment upon all the taxable property in the district and shall be
apportioned by the board of directors to the property owned or held by
each person, firm or corporation in proportion to the assessed valuation
of all taxable property in the district as determined by the assessment
roll of the county assessor last prepared.
(2) The assessment shall not exceed one-fourth of one percent
(0.0025) of the real market value of the property, computed in accordance
with ORS 308.207, unless authorized by a majority of those voting upon
the proposition at a regular or special district election, but by such
election no assessment in excess of one-fourth of one percent of the real
market value of any property, over and above the one-fourth of one
percent assessment above referred to, shall be levied in any one year.
(3) The levy of any tax under this section, ORS 371.505 or 371.515
shall not interfere with or prevent the county court from levying any tax
for road purposes it may have the authority and power to do under any
other law. [Amended by 1955 c.227 §6; 1963 c.9 §22; 1983 c.350 §246; 1991
c.459 §389](1) The secretary of
the board of directors shall, after the apportionment of the assessment,
certify a copy of the resolution levying and apportioning the assessment,
to the county assessor of the county in which the district is situated.
(2) The county assessor shall extend the assessment so made against
all taxable property within the district in the same manner as county
taxes are entered by the assessor on the assessment roll.
(3) The assessments shall be collected and accounted for and the
collection enforced in the same manner as the taxes of the county, except
that the tax collector shall collect and account for the district
assessments separately.
(4) When paid to the county treasurer such moneys shall be held and
carried in a fund to be designated “______Road Assessment Fund.” All
warrants of the district shall be drawn against and shall be paid from
this fund. However, whenever the district secretary shall furnish bond as
provided by ORS 198.220 the treasurer shall deliver all funds in the Road
Assessment Fund to the secretary on demand. Thereafter the secretary
shall disburse the funds on order of the board of directors. [Amended by
1955 c.227 §7; 1963 c.364 §3; 1969 c.345 §8; 1973 c.305 §15]The county assessor, upon request of the board of directors,
shall furnish from time to time a certificate showing the total assessed
valuation, according to the last completed assessment roll, of all the
taxable property within the district. [Amended by 1955 c.227 §8]For purposes of ad valorem taxation, a boundary change must
be filed in final approved form with the county assessor and the
Department of Revenue as provided in ORS 308.225. [2001 c.138 §23]The district shall pay the county for all the actual expenses
and salary of the county engineer while the county engineer is engaged in
work for and at the request of the board of directors, and for the cost
of all work done by the county in the district at the request of the
board of directors, which shall be the amount agreed upon between the
county court and board of directors prior to the time such work is
commenced or, if no agreement is made, the actual cost of the work done
by the county, including a reasonable charge for depreciation of county
equipment used. If, after written demand by the county court, the
district fails to provide sufficient funds by taxation for the payment of
all sums owing to the county, the county court may, by its order entered
in its records, extend a special assessment against all the taxable
property within the district in an amount sufficient to pay the amounts
due the county. This assessment shall be extended upon the county tax
roll and shall be assessed and collected in the same manner as the
assessments levied by the district, but shall be credited by the county
treasurer, when received, to a special fund, to be held for the payment
of the indebtedness of the district to the county until such indebtedness
is paid from this fund or other funds of the district. [Amended by 1955
c.227 §9](1)
Upon the organization of a road assessment district the entire area
thereof shall be excluded by such organization from any existing road
district theretofore existing and shall not be included within any other
road district thereafter created during the life of the road assessment
district.
(2) Upon the organization of the road assessment district there
shall be credited to it the portion of all special road district levies
unexpended in the county treasurer’s office, or levied upon and
uncollected, derived from the area within the road assessment district,
except the amounts levied upon and remaining uncollected, or remaining
unexpended in the county treasurer’s office, derived from assessments
upon property within a city included within the road assessment district,
which shall be paid to the city as provided by law prior to June 16,
1945, for use by the city upon its local streets.
(3) The inclusion of a city within the road assessment district
shall not prevent the city from levying general or special taxes or
assessments upon the property within the city for the purpose of
improvement, maintenance, repair or reconstruction of the city streets as
authorized or permitted by law or the charter of the city. [Amended by
2003 c.802 §109] A petition for
exclusion of land from a district shall be approved only if the exclusion
of the land does not reduce the remaining area of the district to less
than an area of 20,000 acres and not less than $1 million assessed
valuation of taxable property according to the most recent assessment
roll prepared by the county assessor. [Amended by 1955 c.227 §10; 1971
c.727 §107] If a district
is dissolved, all funds then on hand or proceeds of assessments
theretofore levied shall be held by the county court for the benefit of
the roads within the area theretofore within the boundaries of the
district. [Amended by 1971 c.727 §108]IMPROVEMENT OF STREETS AND ROADS IN UNINCORPORATED AREAS As used in ORS
371.605 to 371.660, unless the context requires otherwise:
(1) “Owner” means a vendee under a recorded land contract or if
there is no such contract, the holder of the record title, which vendee
or holder has a present interest equal to or greater than a life estate.
(2) “Engineer” means the county engineer, roadmaster, surveyor or
other engineer selected by the county governing body.
(3) “Improvement” includes:
(a) The grading, graveling, paving or other surfacing of any road,
or opening, laying out, widening, extending, altering, changing the grade
of or constructing any road.
(b) The construction or reconstruction of sidewalks.
(c) The installation of ornamental street lights.
(d) The reconstruction or repair of any road improvement mentioned
in this subsection.
(e) The acquisition, establishment, construction or reconstruction
of any off-road motor vehicle parking facility.
(f) Installing, constructing, reconstructing, improving, extending
or repairing lateral sewers, street mains, sewage disposal systems or
similar facilities, and other facilities incidental thereto, within the
right of way of a county road or public road.
(4) “Road,” “county road” and “public road” have the meanings given
those terms in ORS 368.001. [Amended by 1955 c.773 §1; 1973 c.461 §1;
1975 c.738 §2; 1983 c.305 §1](1) ORS 371.605 to 371.660 do not apply to any
state highway.
(2) The county governing body may designate any public road
improved under ORS 371.605 to 371.660 as a county road without
invalidating the assessments levied for the purpose of the improvements.
(3) Except as otherwise provided in this section, a county may
supersede any provision in ORS 371.605 to 371.660 by enacting an
ordinance under ORS 203.030 to 203.065 authorizing the use of assessments
to finance local improvements, as defined in ORS 223.001, and providing a
procedure for levying such assessments. [Amended by 1955 c.773 §2; 1959
c.656 §1; 1983 c.305 §2; 1987 c.615 §3; 1991 c.902 §111]Proceedings to cause any improvement to be made or
constructed in an unincorporated area may be initiated by the county
governing body by resolution or by a petition signed by not less than 60
percent of the owners of the land representing not less than 60 percent
of the land abutting on the proposed improvement and presented to the
county governing body asking for the improvement. The resolution or
petition shall indicate where the improvement shall be made and describe
the nature of the improvement desired. [Amended by 1955 c.773 §3; 1961
c.432 §1; 1971 c.327 §1; 1983 c.305 §3]
In case of tenants by the entireties, joint tenants or tenants in common
the parcel of land is considered as having one owner, which owner shall
be deemed to have signed the petition provided for in ORS 371.615 or the
objection provided for in ORS 371.630 only if every cotenant of the
parcel has signed.When the resolution is adopted or the petition is filed with
it, the county court shall refer the resolution or petition to the
engineer, who shall investigate the proposed improvement. If in the
judgment of the engineer the improvement is feasible, the engineer shall
make an estimate of the cost of the improvement and report the same to
the county court. If the improvement is to be paid for in whole or in
part by special assessments against property benefited by the
improvement, the engineer shall include in the report:
(1) A recommendation as to the method of assessment to be used to
arrive at a fair apportionment of the whole or any portion of the cost of
the improvement to the properties specially benefited;
(2) The description and assessed value of each lot, parcel of land
or portion thereof, to be specially benefited by the improvement, with
the names of the record owners thereof; and
(3) Where the improvement petitioned for includes the construction
and installation of lateral sewers, street mains or similar facilities, a
separate statement of the estimated cost of the construction and
installation of lateral sewers, street mains or similar facilities.
[Amended by 1971 c.327 §2; 1973 c.461 §2]
(1) If the engineer makes a favorable report on the proposed improvement,
the county court shall mail to the owner of each parcel of land to be
assessed for the proposed improvement a written notice of the favorable
report, the estimated cost of the improvement and the estimated amount of
the assessment against the land of the owner. The notice shall require
the owner to file with the county court within 20 days after the mailing
of the notice, a written objection, if any, to the further prosecution of
the improvement.
(2) If objections are received by the county court signed by more
than 50 percent of the owners of land representing more than 50 percent
of the total amount of the assessment for the proposed improvement, the
proposed improvement shall, by order of the court, be declared abandoned
and no new petition may be filed and no new resolution may be adopted for
the improvement within a period of one year after the date of the order.
[Amended by 1955 c.773 §4; 1971 c.327 §3](1) If the number of objections mentioned in ORS
371.630 is not received, the county court may, by order describing the
land to be assessed, direct the improvement to be made by contract, or by
force account. If by contract, it shall be awarded in the same manner as
provided for other contracted county road improvement.
(2) The county court shall record the order for the improvement
with the county clerk. The recorded order is notice that the land
described in the order is subject to a lien of an assessment for the cost
of the improvement, in an amount to be determined later by an order of
the county court. The county clerk shall indorse upon the order the date
of the filing thereof, and shall record and index the same in the County
Clerk Lien Record.
(3) If the proposed improvement described in the order of the
county court is not commenced within two years after the order for the
improvement is recorded, the county court may by a new order vacate its
former order for the proposed improvement. The county court shall record
with the county clerk the order vacating the former order for the
proposed improvement. Thereupon the land described shall be free of such
lien and the effect of the former order. The county clerk shall indorse
upon the new order the date of the filing thereof, and shall record and
index the same in the County Clerk Lien Record. [Amended by 1955 c.549
§1; 1955 c.773 §5; 1971 c.327 §4; 2001 c.577 §3](1) After the improvement has
been made, inspected by the engineer and accepted by the county court,
the engineer shall compile the total cost of the improvement. When
compiling the total cost of the improvement, the engineer may add the
actual and estimated future costs for engineering and administration.
Where the improvement includes the construction and installation of
lateral sewers, street mains or similar facilities, the engineer shall
separately compile the total cost of those improvements.
(2) Payment of the cost of the improvement other than for the
construction and installation of lateral sewers and street mains or
similar facilities shall be made from the general road funds or from any
funds available for the construction or improvement of county roads.
Payment of the cost of the construction and installation of lateral
sewers and street mains or similar facilities shall be made from any
funds available to the county for such improvements.
(3) The funds expended for the improvement shall be reimbursed or
the improvement warrants shall be retired to the extent of the proceeds
of an assessment against the land benefited by the improvement, but no
assessment shall be made against any operating railroad right of way
without the consent of the owner thereof. Each landowner shall be
assessed a portion of the cost of the improvement corresponding to the
relative benefit to the land of the landowner from the improvement.
(4) All of the cost of improvements within intersections connected
with any improvement under ORS 371.605 to 371.660 may be borne by the
county.
(5) Unless notified to the contrary by the owner prior to the
acceptance of bids for improvements under ORS 371.605 to 371.660, an
existing driveway shall be reconstructed to the property line to conform
with the new grade. Additional driveways or other road connections,
including retaining walls, may be constructed simultaneously with the
improvements, when a written request is filed with the county court prior
to the acceptance of bids by the affected abutting landowners. The cost
of the driveway and all requested work shall be charged to the abutting
owner and added to the assessment against the land of the owner. [Amended
by 1953 c.573 §2; 1955 c.773 §6; 1961 c.432 §2; 1971 c.327 §5; 1973 c.461
§3; 1987 c.615 §4]Notwithstanding any provision to the contrary in ORS
371.605 to 371.660, the cost of construction of sidewalks under those
sections shall be assessed in proportion to the front footage of the land
or otherwise, as provided in those sections, to the owners of land
abutting on the side of the street or road on which the sidewalks are
constructed and fronting on such sidewalks. The cost of construction of
all other improvements under those sections shall be assessed, in the
manner provided in those sections, to the owners of land benefited by the
improvement. [1955 c.773 §12; 1971 c.327 §6](1) The engineer shall ascertain the amount of the
assessment against each parcel of land assessed for the improvement and
report the same to the county court.
(2) The county court by order shall thereupon set the time, not
less than 10 days after the filing of the report, and place for a hearing
of objections to the assessments as fixed in the report of the engineer.
(3) Not less than five days prior to the date of the hearing, the
county court shall mail to the owner of each parcel of land proposed to
be assessed, at the address of the owner as shown on the petition or on
the latest tax roll of the county, a written notice of the time and place
for the hearing of objections and of the amount of the proposed
assessment against the land of the owner.
(4) After hearing objections, the county court shall by order find
and determine from the evidence submitted the amount of assessment
against each individual parcel of land. [Amended by 1955 c.773 §7; 1971
c.327 §7] (1) The
county court shall certify a list and description of the ownership,
stating the amount of assessment against each individual parcel of land,
and shall record the order with the county clerk, who shall indorse
thereon the date of the filing thereof and record and index it in the
County Clerk Lien Record.
(2) The assessments and interest are a lien upon the land against
which the same are assessed from the date of the filing with the county
clerk of the order of the county court for the improvement, as provided
in ORS 371.635. Each parcel of land is deemed to be benefited by the
improvement to the full amount of the assessment levied thereon. No
transfer, sale or division of any such parcel, or change in the legal
description thereof, in any way divests the lien from the original parcel
and the whole thereof. Failing to enter the name of the owner or a
mistake in the name of the owner does not in any way render void any
assessment and does not in any way affect the lien on the land described.
The lien has priority over all other liens and encumbrances whatsoever,
except tax liens.
(3) Upon payment of the assessment in full, the county court shall
satisfy the same by recording the satisfaction of lien in the County
Clerk Lien Record, and the parcel of land charged with such assessment is
thereby discharged from the lien. [Amended by 1955 c.773 §8; 1959 c.656
§2; 2001 c.577 §4](1) Except as provided in subsection (2) of this section,
30 days after the assessment is certified, the entire amount against each
parcel of land shall be due and payable at the office designated by the
governing body of the county and, if not so paid, shall be delinquent
from that date and shall bear interest at a rate established by the
governing body of the county.
(2) The owner of property assessed under ORS 371.605 to 371.660
shall have the right to apply for installment payment of the assessment
as provided in ORS 223.210.
(3) The provisions of ORS 223.205 and 223.210 to 223.314 (Bancroft
Bonding Act) and 223.770 relating to the assessment of property benefited
by public improvements and to the issuance of bonds and other obligations
for the cost of the improvements shall apply in so far as practicable and
applicable in relation to the assessment by counties of the cost or any
portion of the cost of improvements against the property benefited in
accordance with ORS 371.605 to 371.660 and to the issuance of bonds and
other obligations by the county. However, notwithstanding the provisions
of ORS 223.295, in issuing bonds and other obligations under the
provisions of this section, a county may incur indebtedness to an amount
not exceeding.0375 of the latest real market valuation of the county.
(4) Where, in ORS 223.205 to 223.314 and 223.770, officials of
local governments are referred to, the corresponding officials of
counties where applicable and unless otherwise designated by charter
shall perform the required functions. [Amended by 1955 c.773 §9; 1959
c.656 §3; 1961 c.432 §3; 1963 c.545 §1; 1965 c.227 §1; 1971 c.325 §3;
1981 c.322 §8; 1991 c.459 §391; 1991 c.902 §112; 1995 c.333 §17; 1997
c.249 §118; 2003 c.802 §64] (1) One year from the
date an assessment for improvements under ORS 371.605 to 371.660 is
delinquent, or, in case the assessment has been spread in semiannual
installments, one year from the date any semiannual installment of the
assessment is delinquent, the county court shall prepare a delinquent
list of all assessments not wholly paid. The list shall contain a
description of the land, the name of the person to whom assessed and the
amount of the assessment and interest due.
(2) The county court shall transmit the list to the county clerk,
who shall issue a writ of execution thereon, directed to the county court.
(3) The county court shall proceed to collect the unpaid
assessments named in the list by advertising and selling each parcel of
land in the manner provided by law for the sale of real property on
execution, but no parcel shall be sold for a sum less than the amount of
the unpaid assessment plus interest thereon and the cost of advertising
and sale. [Amended by 1955 c.773 §10; 1959 c.656 §4; 1961 c.432 §4]
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