Whenever the Council decides to make a local improvement to be financed by assessments to the benefited properties, the Council shall direct the Director of public works or some other qualified person to prepare a local improvement plan for preliminary approval by the Council. The Council shall consider the plan, making such changes as it deems appropriate. Once a plan receives preliminary approval, it shall be filed for public examination in the City Recorder's office and shall contain, at a minimum, the following information: erties;
A. 
A description of the local improvement, including drawings and specifications;
B. 
The estimated cost of the local improvement;
C. 
A map showing the boundaries of the district to be assessed;
D. 
A fair method for apportioning the cost of the local improvement among the benefited prop-
E. 
A list of the benefited properties, including for each property, the name and address of the owner, the tax assessor's valuation, the amount of any outstanding assessment, and the share of the estimated cost to be assessed to it; and
F. 
The share of the estimated cost to be paid by the City, if any.
(Ord. 181 § 1, 1996)
Upon filing of a plan, the City Recorder shall prepare notice of a plan hearing. The notice shall be published once a week for two consecutive weeks in a newspaper of general circulation in the City, the first publication to be not less than 10 days prior to the hearing. A notice shall also be mailed to the owner of each property to be assessed not less than 14 days prior to the hearing. The notice shall provide:
A. 
A description of the local improvement;
B. 
The estimated cost of the local improvement;
C. 
A map showing the boundaries of the district to be assessed;
D. 
Each benefited property owner's name and estimated assessment;
E. 
The share of the estimated cost to be paid by the City, if any;
F. 
That the local improvement plan is available for examination in the City Recorder's office;
G. 
The time and place of the plan hearing on objections to the local improvement;
H. 
That any written objections, explaining the reasons for the objections, must be filed in the City Recorder's office not later than two days before the day set for the plan hearing;
I. 
Except for a sidewalk or an improvement unanimously declared by the Council to be needed at once because of an emergency, action on the local improvement shall be suspended for at least six months if the owners of properties representing at least two-thirds of the property to be specially assessed for the improvement file written objections.
(Ord. 181 § 2, 1996)
The Council shall conduct a first plan hearing at the time and place stated in the notice. The Council shall review all written objections and hear any oral objections. Except for a sidewalk or an improvement unanimously declared by the Council to be needed at once because of an emergency, if the Council receives written objections from owners of properties representing at least two-thirds of the property to be specially assessed for the improvement, further action on the local improvement plan shall be suspended for at least six months. If action on the plan is not suspended, the Council may, within 60 days of the first plan hearing, give final approval of, amend or abandon the local improvement plan. If the plan is amended, the Council shall file the amended plan with the City Recorder and conduct a new first plan hearing on the amended plan after notice is given under Section 3.04.020.
(Ord. 181 § 3, 1996)
If action on the local improvement plan is suspended under Section 3.04.030, the Council may, within 60 days of the first plan hearing, schedule a second plan hearing no sooner than six months after the first plan hearing. The City Recorder shall give notice of the second plan hearing under Section 3.04.020, except that subsection I of Section 3.04.020 shall be omitted from the notice. The Council shall conduct the second plan hearing at the time and place stated in the notice. Objections may be filed prior to the second plan hearing, but filing of objections shall not suspend action on the local improvement plan. The Council may, within 60 days of the second plan hearing, give final approval of, amend or abandon the local improvement plan. If the plan is amended, the Council shall file the amended plan with the City Recorder and conduct a new first plan hearing on the amended plan after notice is given under Section 3.04.020.
(Ord. 181 § 4, 1996)
Construction of the local improvement may be by the City, another government agency, a private contractor, or any combination thereof. No contract shall be let and construction shall not begin until the local improvement plan receives final approval. With respect to private contracts of more than $1,000, the Council shall solicit bids and either let the contract to the lowest responsible bidder or reject all bids. If all bids are rejected, the Council may either solicit new bids or abandon the local improvement. All private contractors shall post performance bonds or other security acceptable to the Council and meet any other council requirements.
(Ord. 181 § 5, 1996)
The Council may adopt any one or more of the following means of financing the local improvement:
A. 
Assess the benefited properties, using any reasonable method to:
1. 
Determine which properties are specially benefited by the local improvement, and
2. 
Apportion the assessments among the benefited properties;
B. 
Authorize payment by the City of all or part of the cost of the improvement if the local improvement benefits the City in part or as a whole or for such other reasons as the Council deems just;
C. 
Obtain federal or state grants, add or increase customer service charges, issue bonds or use any other legal means of finance.
(Ord. 181 § 6, 1996)
When the Council decides that all or part of the cost of the local improvement shall be assessed to the benefited properties and determines the amount of the proposed estimated assessment to each property, the City Recorder shall file the proposed estimated assessments and send notice to each assessed property owner. The notice shall provide:
A. 
The amount of the property owner's proposed estimated assessment;
B. 
A date not earlier than 20 days from the date of mailing by which any objection to the proposed estimated assessment must be filed;
C. 
That each objection shall state a reason for the objection;
D. 
That the Council shall consider the objection and may adopt, correct, modify or revise the estimated assessment.
(Ord. 181 § 7, 1996)
The Council shall consider all timely filed objections to proposed estimated assessments and may adopt, correct, modify or revise any estimated assessment. The Council shall then determine the amount of estimated assessment to each benefited property and shall, by ordinance, spread the estimated assessments. No estimated assessment may exceed the amount of the proposed estimated assessment.
(Ord. 181 § 8, 1996)
Upon completion of the local improvement, the Council shall compute the actual cost and determine the final assessments. If the final assessments are less than or equal to the estimated assessments, the Council shall, by ordinance, spread the final assessments, which shall supersede and replace the estimated assessments. Credit shall be given for payments previously made under the estimated assessments. If any credit exceeds the total amount due under the final assessment, the excess shall be refunded to the property owner of record on the date of refund.
(Ord. 181 § 9, 1996)
If the final assessments are more than the estimated assessments, the Council shall direct the City Recorder to prepare and file proposed deficit assessments to the respective properties. The City Recorder shall also send notice to each assessed property owner. The notice shall provide:
A. 
The amount of the property owner's proposed deficit assessment;
B. 
A date not earlier than 20 days from the date of mailing by which any objection to the proposed deficit assessment must be filed;
C. 
That each objection shall state a reason for the objection;
D. 
That the Council shall consider the objection and may adopt, correct, modify or revise the deficit assessment.
(Ord. 181 § 10, 1996)
The Council shall consider all timely filed objections to proposed deficit assessments and may adopt, correct, modify or revise any deficit assessment. The Council shall then determine the amount of deficit assessment to each benefited property and shall, by ordinance, spread the deficit assessments. No deficit assessment may exceed the amount of the proposed deficit assessment. Credit shall be given for payments previously made under the estimated assessment. The deficit assessment combined with any unpaid amounts due under the estimated assessment shall constitute the final assessment to the property.
(Ord. 181 § 11, 1996)
In the absence of applicable provisions in this chapter, the provisions of ORS Chapter 223 or other applicable state laws shall govern.
(Ord. 181 § 13, 1996)
All assessments for local improvements shall be presumed valid. Defects in any assessment procedure shall not invalidate the assessments, provided that the assessments are determined to be fair. The City may modify the assessment procedure with respect to any local improvement, provided that concerned parties are given sufficient notice of the modifications and the modified procedure is fair. The City may abandon an assessment proceeding at any time, provided that all paid assessments are refunded. It is not the purpose of this chapter to limit the authority or flexibility of the City, but to grant to the City all powers of any applicable law in making and financing local improvements and in making, modifying and enforcing assessments therefore.
(Ord. 181 § 14, 1996)
If there are conflicts between this chapter and any other city ordinance or regulation, this chapter shall govern.
(Ord. 181 § 15, 1996)