This chapter shall be known as the "Local Improvement District
Ordinance" of the City of Warrenton.
(Ord. 1042-A § 1, 2000)
As used in this chapter unless the context requires otherwise,
the following shall be defined as:
means all direct or indirect cost incurred by the City in
order to deliver goods and services or to undertake a capital construction
project. The actual cost of providing goods or services to a property
or a property owner includes the cost, or an allocated portion of
the total amount of the actual cost, of making a good or service available
to the property owner, whether stated at a minimum, fixed, or variable
amount. Actual cost includes, but is not limited to, the cost of labor,
materials, attorney fees, supplies, equipment rental, property acquisition,
permits, financing, engineering, administration, reasonable program
delinquencies, return on investment, required fees, insurance, administration,
accounting, depreciation, amortization, operation, maintenance, repair
or replacement and debt service, including debt service payments or
payments into reserve accounts for debt service and payments of amounts
necessary to meet debt service coverage requirements.
means any fee, charge or assessment that does not exceed
the actual costs incurred by the City for design, construction and
financing of a local improvement.
means any formally executed written agreement representing
a promise by the City to pay to another a specific sum of money, at
a specified date or dates at least one year in the future.
means the construction, modification, replacement, repair,
remodeling or renovation of a structure, or addition to a structure,
which is expected to have useful life of more than one year, and includes,
but is not limited to:
Acquisition of land, or a legal interest in land, in conjunction
with the capital construction of a structure;
Acquisition and or installation of machinery or equipment, furnishings
or materials, which will become an integral part of a structure;
Activities related to capital construction, such as planning,
design, acquisition of interim or permanent financing, research, land
use and environmental impact studies, acquisition of permits or licenses
or other services connected with construction;
Acquisition of existing structures, or legal interest in structures,
in conjunction with the capital construction.
means:
The grading, graveling, paving, or other surfacing of any street;
or opening, laying out, widening, extending, altering, changing the
grade of or constructing any street;
The construction of sidewalks;
The construction or upgrading of any storm drains;
Water improvements;
Sanitary sewer improvements; or
Any other public improvement authorized by the Commission.
means the City of Warrenton, Oregon.
includes the use of contracted consultants and engineers
as may be required.
means the Warrenton City Commission.
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
City estimates will be levied against the property following completion
of the local improvements. The estimate shall be based on the City's
estimate at the time of the actual cost of the local improvement and
the proposed formula of apportioning the actual cost to the property.
Estimated assessments shall be determined by excluding from
the actual cost the cost of financing associated with any bonds issued
to accommodate payments or installments.
means and includes bonded indebtedness authorized by specific
provision of the Oregon Constitution; and bonded indebtedness incurred,
or to be incurred for capital construction or capital improvements
that is issued as a general obligation of the City after November
6, 1990, with the approval of the electors of the City; and bonded
indebtedness incurred or to be incurred for capital constructions
or capital improvements that is issued as a general obligation of
the City after November 6, 1990, with the approval of the electors
of the City.
means, with respect to each property to be assessed in connection
with a local improvement, the total amount which will be levied against
the property following completion of the local improvement.
means, with respect to each property to be assessed in connection
with a local improvement. The final assessment shall comprise of the
total amount levied against the property following completion of the
local improvement. The total assessment shall be based on the actual
cost of the local improvement and the formula for apportioning the
actual cost to the property.
means all cost necessary or attributable to acquiring and
preserving interim or permanent financing of a local improvement.
The cost of financing may include the salaries, wages and benefits
payable to the employees of the City for work performed in connection
with the financing of a local improvement or any part thereof. However,
as a condition to inclusion of salaries, wages or benefits payable
to employees of the City as financing the cost of a local improvement,
or any part thereof, the City shall establish a record keeping system
to track the actual work done or services performed by each employee
in connection with a local improvement.
Financing cost that is incurred after the levy of a final assessment
may be included in the final assessment based on the City's reasonable
estimate of the financing cost.
is a capital construction project or a capital improvement
project, undertaken by the City pursuant to the procedure of forming
local assessments on properties benefited, in whole or in part, from
the local improvement:
Which provides a special benefit only to specific properties
or rectifies a problem caused by specific properties; and
The costs of which are assessed against those properties in
a single assessment upon the completion of the project; and
For which the payment of the assessment plus the appropriate
interest may be spread over a period of at least 10 years by the property
owner.
The total of all assessments for a local improvement shall not
exceed the actual cost incurred by the City in design, constructing
and financing the project.
The status of a capital construction project or a capital improvement
project as a local improvement is not impacted by the accrual of a
general benefit to properties located outside an improvement district
as opposed to the specific benefit of properties located within an
improvement district.
means lot, block or parcel of land.
means the City Manager of the City of Warrenton or the Manager's
designee.
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 Clatsop County Assessor.
means all property specifically benefited by a Local Improvement
District. The relative extent of such benefit is to be determined
by any just and reasonable method of apportionment of all or a portion
of the total cost of the improvement between properties determined
to be specifically benefited.
means the Recorder, Clerk or other person or officer of the
City of Warrenton serving as a Clerk of the City or performing clerical
work of the City, or other official or employee as the governing body
of the City shall designate to act as recorder.
means the complete assessment process, including pre-assessment,
assessment, or reassessment, for any authorized local improvement
which provides the procedure to be followed in making local assessments
for benefits from a local improvement upon which have been benefited
by all or part of the improvement.
shall have the same meaning as "special and peculiar benefit"
as that term is used in Oregon law (ORS 223.389).
means any temporary or permanent building or improvement
to real property of any kind, which is constructed on or attached
to real property, whether above, or beneath the surface.
means the City official, however designated, charged by law
with the responsibility for acting as custodian of and investment
officer for the public moneys of the City.
In determining "true cash value" of taxable property for
the purpose of calculating the amount of indebtedness which may be
incurred by the State or Local Government under Oregon Constitution
or laws of the State of Oregon, the "real market value" as defined
in Section 11b(2)(a), Article XI of the Oregon Constitution, may be
used if, and to the extent that, the real market value does not exceed
the true cash value.
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In levying, collecting and enforcing assessments for local improvement,
the following shall apply:
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1.
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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 the 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.
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2.
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If the owner of any land is unknown, the land may be assessed
as "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 owner, or the owner of record,
of any parcel of real property is given, the final assessment shall
not be held invalidated 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.
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3.
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Any description of real property which conforms substantially
to the requirements of this section shall be as 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.
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(Ord. 1042-A § 2, 2000; Ord. 1146-A §§ 1, 2, 2010)
The formation of a local improvement district may be initiated
by petition submitted to the City Recorder. Under this chapter, the
City maintains the right to initiate, and be the Chief Petitioner,
of a local improvement district. All petitions must be submitted on
forms provided by the City.
A.
Prior
to circulating a petition, a Chief Petitioner must be identified on
forms provided by the City.
B.
The
Chief Petitioner shall agree to pay a fee of $700.00, or such other
amount and schedule that the City may, from time to time, set by resolution
for advance financed public improvements.
C.
All plans and specifications, as outlined in Section 3.12.040, shall be filed with the City Recorder before the circulation of the petition.
D.
All
plans and specifications filed with the City Recorder must be attached
to the petition prior to circulation and made available for public
viewing at the Warrenton City Hall during all regular business hours.
(Ord. 1042-A § 3, 2000; Ord. 1146-A § 3, 2010)
Whenever the Commission shall determine to proceed, upon its
own motion or upon the petition of the owners equal to one-half of
the property that benefits specifically from the improvement, to make
any street, sewer, sidewalk, water line or other public improvement
to be paid for in whole or in part by a special assessment according
to the benefits, then the Commission shall, by motion, direct City
staff to make a report for such a project. The Commission may reject,
or decide not to proceed, with any proposed LID if it is determined
not to be in the interest of the public or if the City determines
that there are insufficient resources, including a lack of viable
financing options, to continue with the LID. Unless the Commission
shall direct otherwise, such report shall contain the following matters:
A.
A description
of the local improvement proposed.
B.
Preliminary
plans and outlined specifications for such local improvement.
C.
A description
of the boundaries of the proposed local improvement district.
D.
A just
and reasonable method for apportioning the actual cost of the local
improvement to the properties benefited.
E.
A list
of the properties benefited for such local improvement, including
the name of the owner of each property benefited, and the address
of such owners; the assessed valuation of each property adjusted in
accordance with Oregon law; and a statement of the amount of outstanding
assessments against any property proposed to be assessed for the improvement.
F.
The
estimated actual cost of the local improvement.
G.
The
estimated proportionate actual cost of the local improvement to be
assessed to each benefited property.
H.
The
estimated portion of the actual cost of the improvement to be borne
by City funds, if any.
I.
This
report shall be filed with the office of the Recorder when completed
and available for public inspection during all regular business hours.
(Ord. 1042-A § 4, 2000)
The Commission shall consider the following in assessing cost
of the local improvement:
A.
The
use of any just and reasonable method of determining the extent of
the local improvement district boundaries consistent with the benefits
derived, the Oregon Constitution, and Oregon State law.
B.
The
use of any method of apportioning the actual cost among the properties
to be specifically benefited which is just and reasonable and consistent
with the Oregon Constitution and the Oregon laws.
C.
Payment
by the City of all or any portion of the actual cost or estimated
actual cost of any improvement. If, in the opinion of the Commission,
there is a general public benefit which will result from the public
improvement, or when the Commission otherwise believes it to be just
and reasonable, the City may contribute funds towards the local improvement.
D.
Other
available means of financing the estimated actual cost of the local
improvement, including federal or state grants-in-aid, sewer services
or other types of services or charges, revenue bonds, general obligation
bonds, or other legal means of finance. In the event any of such other
means of finance are used, the Commission may, in its discretion,
levy assessments for local improvement districts hereunder according
to benefits to cover any part of the cost, subject to the constraints
of the Oregon Constitution and Oregon laws, of the local improvement
not covered by such means.
(Ord. 1042-A § 5, 2000)
After the staff report has been filed with the City, and after
the Commission has examined such report and found the report to be
satisfactory, and the estimated cost thereof to be reasonable and
just, and after having found the boundaries of such improvements district
to be properly determined, the Commission may, by resolution, propose
to make such an improvement, and create a local improvement district.
Unless those persons representing at least 50% of the proposed estimated
assessment within the said local improvement district file with the
City Recorder a written objection and remonstrance against such proposed
local improvement district prior to the public hearing or within seven
days following the public hearing, the Commission may proceed to order
the formation of the local improvement district as proposed in the
plans and specifications previously adopted or as may be amended by
the Commission following the hearing. Any such objection or remonstrance
shall state the grounds for such objections or remonstrance. The resolution
shall state:
A.
The
boundaries of such local improvement district.
B.
The
proposed method of apportioning the estimated actual cost (estimated
assessments) of the local improvement among the property owners.
C.
The
portion of the estimated actual cost, if any, which the City shall
pay.
D.
That
such portion of the estimated actual cost (estimated assessment) that
is assessed to the property owners shall be a charge and a lien upon
the properties benefited.
E.
The
time and the place of the public hearing to consider public comments
and objections to the proposed local improvement district.
F.
Direct
the Recorder to provide notice of the said hearing as required by
Oregon law, which shall state that the Commission shall hear and consider
objections or remonstrance to the proposed improvement by any parties
aggrieved thereby. The notice shall state that the Commission, by
resolution, has proposed to create a local improvement district and
include the following:
"Unless those persons representing at least 50% of the proposed
estimated assessment within the said local improvement district file
with the City Recorder a writ/en objection and remonstrance against
such proposed local improvement district prior to the public hearing
or within seven days following the public hearing, the Commission
may proceed to order the formation of the local improvement district
as proposed in the plans and specifications previously adopted or
as may be amended by the Commission following the hearing. Any such
objection or remonstrance shall state the grounds for such objections
or remonstrance."
(Ord. 1042-A § 6, 2000)
A.
The
Recorder shall also notify the owner of each lot proposed to be assessed
by registered or certified mail, or by personal delivery of the amount
of the estimated assessment proposed for that property, the date by
which time objections shall be filed with the Recorder, and that any
such objection shall state the grounds for the objection. Notices
shall be mailed no less than 10 days prior to the date set for the
public hearing.
B.
Delivery
of Notice. Whenever a notice is required to be sent to the owner or
a lot affected by a proposed assessment, such notice shall be addressed
to the owner or his or her agent. If the address of the owner or agent
is unknown to the Recorder, the Recorder shall mail the notice addressed
to the owner or agent at the City where such property is located.
Any mistake, error, omission, or failure with respect to such mailing
shall not be jurisdictional or invalidate the assessment proceedings,
but there shall be no foreclosure or legal action to collect until
notice has been given by personal service upon the property owner,
or, if personal service cannot be had, then by publication once a
week for two successive weeks in a newspaper of general circulation
in the City of Warrenton.
(Ord. 1042-A § 7, 2000)
If no later than seven days following the public hearing, those
persons representing 50% or more of the proposed assessment within
the proposed local improvement district file with the Recorder a written
objection or remonstrance against the proposed improvement, such remonstrance
shall be a bar to any further proceeding in the making of such improvement
for the period of six months.
(Ord. 1042-A § 8, 2000)
A.
After
the public hearing and the time for filing remonstrance, if those
persons representing 50% of the proposed assessment have not objected
to the local improvement district, the Commission may provide for
the creation of the local improvement district by ordinance. This
ordinance shall describe the improvement(s) to be made and the boundary
of the local improvement district. The ordinance shall also provide
that the estimated assessments against the properties benefited shall
be charges and liens against the property. The City may enforce collection
of such assessments as provided by Oregon law.
B.
Adoption
Process. In creating the local improvement ordinance, the Commission
shall consider the objections or remonstrance made and the reasons
stated for them. The Commission may adopt, correct, modify or revise
the proposed assessment or estimated assessments to be charged against
each lot within the district, according to the special and peculiar
benefits accruing thereto from the improvement and shall by ordinance
spread the assessments. The estimated assessment lien shall continue
until the time the estimated assessments become a final assessment.
C.
Plans.
The ordinance shall also direct staff to have detailed plans and specifications
of the local improvement prepared and that, when appropriate, the
City solicits bids for construction of the local improvement pursuant
to Ordinance 324.
(Ord. 1042-A § 9, 2000; Ord. 1146-A § 4, 2010)
A.
If the
City Commission determines that the local improvement district shall
be created the Commission shall provide for the assessment or estimated
assessment of the benefited properties, and for the apportionment
of the assessment or estimated assessment to the individual lots within
the local improvement district by ordinance by one of the following:
(1) actual cost of the local improvement; (2) the estimated actual
cost of the local improvement.
B.
Notice.
The Recorder shall prepare the assessment or the estimated assessment
to the respective lots within the assessment district and file it
with the appropriate City office. Notice of such assessment or estimated
assessment shall be mailed or personally delivered to the owner of
each lot proposed to be assessed, which notice shall state the amount
of the assessment or the estimated assessment proposed on that property
and shall fix a date by which time objections and the grounds for
objections shall be filed with the Recorder. Any objection shall state
the grounds thereof. The City Commission shall consider such objections
and may adopt, correct, modify or revise the proposed assessments
and shall determine the amount of the assessment to be charged against
each lot within the district, according to the special and peculiar
benefits accruing thereto from the improvement, and shall by ordinance
spread the assessments.
C.
Actual
Cost. In determining the assessment or the estimated assessments for
the local improvement the Commission shall use the actual cost as
defined in this chapter.
D.
Lien.
The assessment ordinance shall provide that the assessments or estimated
assessments against the benefited properties shall be a lien against
the assessed properties and that the City may enforce collection of
such assessment as provided by Oregon law.
E.
Estimated
Cost. If the initial assessment has been made on the basis of estimated
actual cost, and upon the completion of work the cost is found to
be greater or less than the estimated cost, the Commission shall make
an assessment for the corrected actual cost. Proposed assessments
upon the respective lots within the assessment district for the proportionate
share of the change shall be made; and notices shall be sent; opportunity
for objection 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 estimated assessment;
and the assessment spread by ordinance.
(Ord. 1042-A § 10, 2000)
A.
If the
City has proceeded to cause any local improvement to be constructed
or made within the corporate limits of the City, and has determined
the final assessment for the local improvement against the property
benefited thereby or liable therefor, according to applicable law,
the City 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 City for payment of the final assessment in installments as provided
in this chapter. A copy of the notice shall be mailed or personally
delivered to the owner of each lot to be assessed.
B.
The
owner of any property to be assessed, at any time within 10 days after
notice of final or estimated assessment is first published, may file
with the Recorder a written application to pay: (1) the whole of the
final or estimated assessment installments; or (2) if part of the
final estimate has been paid, the unpaid balance of the final assessment
in installments.
C.
Installment.
At the option of the City, an installment application may be filed
after the notice of the final assessment has been published.
1.
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 district for which
the final assessment is levied and in apportionment of the actual
cost of the local improvement.
2.
The
application shall provide that the applicant agrees to pay the final
or established assessment over a period not less than 10 years nor
more than 30 years and according to such terms as the City may provide.
The City 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 the terms as the City may provide.
3.
The
application shall also provide that the applicant acknowledges and
agrees to pay interest at the rate provided by the City on all unpaid
assessments, together with the amount, determined by the City, sufficient
to pay a proportionate part of the cost of administering the bond
assessment program and in issuing the bonds authorized under Oregon
law (ORS 223.235), including, but not limited to, legal, printing
and consultants fees.
4.
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.
D.
In connection
with the final assessments for any local improvement, the City shall
establish a procedure by which an owner of any property to be assessed
may irrevocably elect in writing to have the final or estimated assessment
levied for a number of years less than 10, which shall be determined
by the City. The written election shall: (1) be signed by the owner
or a duly authorized representative of the owner, and (2) contain
a description of the assessed property and the local improvement for
which the assessment is being made, and (3) contain a statement by
the owner acknowledging that the improvement for the local improvement
as described in this chapter, that the payment of 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.
E.
The
election of this section shall be recorded in the 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 thereof.
F.
When
the lien docket is made up, as provided in Oregon law (223.230), as
to the final assessments for any local improvement, the City shall
by ordinance or resolution authorize the issue of its bonds pursuant
to the applicable provisions of Oregon law (ORS 288).
G.
The
bond authorized to be issued under this section shall be issued in
an amount equal to the unpaid balance of all final assessments for
the related local improvements including the amounts necessary to
fund any debt service reserve and to pay any other financing cost
associated with the bonds.
H.
Bonds.
If the question of the issuance of the specific bonds has been approved
by the electors of the City and the bonds are issued as general obligation
bonds, the City shall each year assess, levy and collect a tax on
all taxable property within its boundaries. The amount of the tax
shall be sufficient to pay all principle 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 City shall deduct from the total amount otherwise required
the amount of final installment payments which are pledged to the
payment of the bonds and which are due and payable in that year, and
shall add to this net amount the amount of reasonably anticipated
delinquencies in the payments of the installments or the taxes.
1.
The
taxes shall be levied in each year and returned to the county officer
whose duty it is to amend the tax roles within the time and manner
provided in Oregon law (ORS 310.060).
2.
The
taxes shall become payable at the same time and be collected by the
officer who collects county taxes and shall be turned over to the
City according to law.
3.
The
county officer whose duty it is to extend the county levy shall extend
the levy of the City in the same manner as City taxes are extended.
Property shall be subject to sale for nonpayment of the taxes levied
by the City in like manner and with like effect as in the case of
county and state taxes.
I.
If the
question of the issuance of the specific bonds has not been approved
by the electors of the City and the bonds are issued as limited tax
obligation bonds, the City may, subject only to the limitations of
Section 11b(1), Article XI, of the Oregon Constitution, calculate,
assess, levy and collect tax on all taxable property within its boundaries
in the manner provided in this chapter. The amount of the tax shall
be sufficient to pay all principle of, and interest on, such bonds
which is due and payable in that year and to replenish any debt service
reserves required for such bonds, provided that if such bonds are
issued as limited tax obligation bonds the amount of such tax shall
not exceed the amount permitted under Section 11b(1), Article XI,
of the Oregon Constitution.
J.
Security
Bonds. All bonds issued pursuant to this section, including general
obligation bonds, shall be secured by and be payable from the installments
of final assessment with respect to which the bonds were issued.
1.
In
the ordinance or resolution authorizing the issuance of bonds, the
City may: (a) provide that all installments of final assessments be
levied with respect to two or more local improvements shall secure
a single issue bonds; and (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.
2.
All
bonds shall be secured by a lien on the installments of final assessments
with respect to which they were issued. The lien shall be valid, binding
and fully perfected from the date if issuance of the bonds. The installments
of the final assessments shall be immediately subject to the lien
without the physical delivery thereof, the filing of any notice or
any further act. The lien shall be valid, binding and fully perfected
against all persons having claims of any kind against the governmental
unit or the property assessed whether in tort, contract or otherwise,
and irrespective of whether such persons have notice of lien.
K.
As additional
security for any bonds issued under this section, including general
obligation bonds, the City may pledge or mortgage, or grant security
interests in, its revenues, assets and properties, and otherwise secure
and enter into covenants with respect to the bonds, as provided in
Oregon law.
L.
Authority
to Borrow. The City shall have the power, at any time and from time
to time after the undertaking of a local improvement has been authorized,
to borrow money and issue and sell notes for the purpose of providing
interim financing for the actual cost of the improvement.
1.
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.
2.
Notes
authorized under this subsection shall mature not later than one year
after the date upon which the City expects to issue bonds for the
purpose of providing permanent financing with respect to installment
payments of the final assessments for the local improvements.
3.
Any
notes authorized under this section 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 from any other sources from which bonds are payable.
4.
The
City may pledge the payment of bonds authorized to be issued under
this section with respect to the local improvements for which the
notes provide financing.
M.
The
City may create, within the Bancroft Bond Redemption Fund maintained
by the City as required by Oregon law (ORS 223.285), separate accounts
for separate issues of bonds or notes issued as provided in Oregon
law (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.
N.
The installments due and payable under an assessment contract shall be due and payable periodically as the City 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 P of this section.
O.
The
installments and interest are payable to the City by the property
owner whose application to pay the cost of the local improvement by
installments has been provided in Oregon law (ORS 223.210).
P.
The
amount of each installment (percentage of the total final assessment)
shall be determined by the City and shall be as appears by bond lien
docket described in Oregon law (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 City under Oregon law (ORS 223.215).
Q.
The
first payment shall be due and payable on the date that the City shall
determine, and subsequent payments shall be due and payable on subsequent
periodic dates thereafter as shall have been determined by the City.
R.
If the
owner neglects or refuses to pay installments under Oregon law (ORS
223.265) as they become due and payable for a period of one year,
then the City may, by reason of the neglect or refusal to pay the
installments, and while the neglect and refusal to pay continues,
pass a resolution:
1.
Giving
the name of the owner in default in the payment sum due;
2.
Stating
the sum due either in principal or interest, or both, and any unpaid
late payment penalties or charges;
3.
Containing
a description of the property upon the sums are owing;
4.
Declaring
the whole sum, both principle and interest, due and payable at once.
S.
The
City may then proceed at once to collect all unpaid installments and
to enforce collection thereof, with all unpaid late payment penalties,
attorney fees and administrative charges added thereto, in the same
manner as street and sewer assessments are collected in a manner provided
in ORS 223.
(Ord. 1042-A § 11, 2000)
Claimed errors in the calculation of the final assessment shall
be called to the attention of the City Recorder or the City Manager
prior to any payment on account. The City Recorder shall check the
calculation. If an error has been made the Commission shall amend
the final assessment ordinance to correct the error. Upon the enactment
of such an amendment by the Commission, the Recorder shall make the
necessary correction in the lien docket and shall send by registered
or certified mail to the owner a corrected notice of the assessment.
(Ord. 1042-A § 12, 2000)
Whenever all or part of any assessment for improvements is declared
void or set aside for any reason, or its enforcement refused, by any
court for reason of jurisdictional or other defects in procedure,
whether directly or by virtue of any court decision, or when the Commission
is in doubt as to the validity of all or part of any such assessment
by reason of such defects in procedure, the Commission may, by ordinance,
make new assessments or reassessments with respect to all or part
of the original assessment upon the lots which have been benefited
by all or part of the improvement to the extent of their respective
and proportionate shares of the full value of such benefit.
(Ord. 1042-A § 13, 2000)
The reassessment shall be based upon the special and specific
benefit of the improvement to the respective lots at the time of the
original making of the improvement. The amount of the reassessment
shall not be limited to the amount of the original assessment but
the original property included in the district shall remain the same
except property on which the original assessment was paid in full
shall not be included in the reassessment. Interest from the date
of delinquency of the originals assessment may be added by the Commission
to the reassessment in cases where property was included in the original
assessment, but such interest shall not apply to any portion of the
reassessment that exceed the amount of the original 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 improvement
was made, but the Commission 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
assessment.
(Ord. 1042-A § 14, 2000)
The reassessment 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 improvement and original
assessment, or any previous reassessment. Although the proceedings
of the Commission or the acts of any officer, contractor or other
person connected with the improvement or assessment may have been
irregular or defective, whether such irregularity of defect was jurisdictional
or otherwise, the reassessment shall not be made in ease of any improvement
wherein a remonstrance sufficient in law to defeat it has been duly
filed prior to the making of the improvement.
(Ord. 1042-A § 15, 2000)
The process required by this chapter, or other law for making
the original assessment, is 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
Commission 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.
(Ord. 1042-A § 16, 2000)
After the proposed reassessment is filed in the office of Recorder,
the Recorder shall give notice thereof by not less than four successive
publications in a newspaper published in the City and, if there is
no newspaper published in the City, in a newspaper to be designated
by the Commission. 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 the place where the Commission will hear
and consider objections to the proposed reassessment by any parties
aggrieved thereby.
(Ord. 1042-A § 17, 2000)
The Recorder shall, within five days after the first date of
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 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 City where the
property is located. Any mistake, error, omission of 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.
(Ord. 1042-A § 18, 2000)
A.
At all time and place appointed in the notice the Commission shall hear and determine all objections filed under Section 3.12.180. The Commission 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 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 proposed amount to be charged against any property such reassessment shall not be made until after a new notice has been given as stated in Section 3.12.180 of this chapter to the owners of the property against which the amount of the assessment is proposed to be thus increased.
B.
The publication of the notice may be for not less than two successive inserts in a newspaper as provided in Section 3.12.170, and the time when actions may be taken thereon may be not less than five days after the date of the 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 Sections 3.12.170 and 3.12.180 and action taken thereon as provided in Section 3.12.180 and this section.
(Ord. 1042-A § 19, 2000)
When the Commission has determined what is, in its judgment, a fair, just and reasonable reassessment, it shall pass as an ordinance 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 Sections 3.12.220 and 3.12.230.
(Ord. 1042-A § 20, 2000)
When the reassessment is duly made it shall be entered in the
City lien docket. All provisions for bonding and paying by installments
shall be applicable, and such City liens shall be enforced and collected
in the manner provided for collection of liens for an original improvement.
All sums paid upon the former 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.
(Ord. 1042-A § 21, 2000)
In cases where the sale was made under the original assessment
or any previous reassessment, with reference to such improvement,
and the property was not redeemed from the sale, the purchaser at
the sale is subrogated to the rights of the City with reference to
the property upon such reassessment if the purchaser waives all penalties
and interest, except such interest as may be provided for in the reassessment,
and delivers up for cancellation any certificate or other evidence
of sale. If a deed was issued at the sale, the grantee therein, his
or her heirs, executors, administrators, successors or assigns, shall
execute a deed of resale and quitclaim of all right, title and interest
in the property under such sale to 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 now act as escrow holder of such certificate
or other evidence of sale and of such deed pending completion of the
reassessment. If the reassessment is not completed, the evidence of
sale and the deed shall be returned to the person delivering it. If
the reassessment is completed, the certificate or other evidence of
sale shall be canceled and placed on file in the office of City Recorder
and the deed shall be delivered to the owner of the property specified
therein. If any such purchaser, his or her heirs, executors, administrators,
successors or assigns fails to comply with this section, they are
not entitled to subrogation. In any event, the amount of the subrogation
shall not exceed the amount which as been paid to the City on such
sale, together with interest at the rate established under this chapter
from the date of sale until the date of payment. This amount is to
be paid by the City to the purchaser, his or her heirs, executors,
administrators, successors or assigns if and when the City collects
the amount of the reassessment against the property.
(Ord. 1042-A § 22, 2000)
Notwithstanding any of the provisions of Sections 3.12.150 through 3.12.250, owners of any property against which a reassessment for local improvements has been imposed may seek a review thereof under the provisions of Oregon law.
(Ord. 1042-A § 23, 2000)
No proceedings for making a reassessment shall be instituted
after 20 years from the date when the first assessment was entered
into the lien docket.
(Ord. 1042-A § 24, 2000)
General obligation bonds or interest coupons attached, or both,
of the City are authorized for payments of all or any part of local
improvement district liens, interest or penalties of or payable to
the City.
(Ord. 1042-A § 25, 2000)
A.
Whenever
all or any part of the cost of public improvements is to be assessed
as the property benefited thereby, benefited property owned by the
City, County, School District, State and any political subdivision
thereof shall be assessed in the same as private property and the
amount of the assessment shall be paid by the City, School District,
County or State, as the case may be, provided that the cost of the
improvements are, in any given case of the type that may be bonded
under this chapter.
B.
In the
case of property owned by the State, the amount of the assessment
shall be certified by the City Treasurer and filed with the Executive
Department as a claim for reference to the Legislative Assembly in
the manner provided by Oregon law unless law has otherwise provided
funds for the payment of the assessment.
(Ord. 1042-A § 26, 2000)
The City, in addition to powers granted by law or charter, may
include sidewalk improvement districts within the City all county
roads or state highways or portions thereof 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 this chapter.
(Ord. 1042-A § 27, 2000)
The City may finance parking facilities by any one or any combination
of the following methods:
A.
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 legal authority of the City.
B.
Special
or benefited assessments equal to the actual cost 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
this chapter or charter provisions of the City.
C.
Parking
fees, special charges or other revenue derived from the use of off-street
parking facilities by motorist, lessees, concessionaires, commercial
enterprises and others.
D.
General
fund appropriations.
E.
Parking
meter revenue.
F.
General
property taxes, or gift, bequest, devise, grant or otherwise.
G.
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,
professional trade. In levying the fee, the City shall take into consideration
the unmet off-street parking requirements of such business. The proceeds
of the fee, less refunds and cost 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.
(Ord. 1042-A § 28, 2000)
The Commission shall have full power and authority to abandon
and rescind proceedings for improvements undertaken hereunder at any
time prior to the final consummation of such proceedings. If liens
have been assessed upon any property prior to the abandonment, any
amount of the lien in excess of the benefit conferred on the property
shall be canceled, and any excess payments made thereon shall be refunded
to the payer, his or her assign, or legal representative.
(Ord. 1042-A § 29, 2000)
No improvement assessment shall be invalid by reason if it appears
that the assessment as made, insofar as it affects the person complaining,
is unfair, unjust, and contrary to law, and the City Commission shall
have the power and authority to remedy and correct all such matters
by suitable actions and proceedings.
(Ord. 1042-A § 30, 2000)
When the Commission finds it necessary for the public health,
welfare and safety to construct sanitary sewers or storm sewers, or
both, the City may, to the extent allowed by the Oregon Constitution
and Oregon laws, proceed to form an improvement district and construct
the improvements as provided in this chapter. Property owners shall
have no right of remonstrance when a sewer system is constructed under
this section. Those parts of this chapter, which are in conflict with
this section, shall not apply.
(Ord. 1042-A § 31, 2000)
The City shall apportion a local improvement district assessment
imposed upon 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 provided that the following conditions are met:
A.
That
the subsequent partition or division is in accordance with ORS 92.101
to ORS 92.160 and is consistent with all applicable comprehensive
plans as acknowledged by the Oregon Land Conservation and Development
Commission.
B.
That
the proportionate distribution of the LID assessment authorizes may
be made whenever the LID assessment remains wholly or partially unpaid,
and full payment or installment payment is not due.
C.
That
the City has been requested to make such LID assessment by an owner,
mortgage, or lien holder of a parcel or real property that was formed
from the partition or other division of the larger tract of real property
against which the local improvement district was originally levied.
1.
The
City shall not apportion the LID assessment unless the applicant files
a true copy of the deed, mortgage or instrument evidencing the applicant's
ownership or other interest in the parcel, or, the applicant supplies
the City with the recording data necessary for the City to find such
deed, mortgage or other instrument evidencing the applicant's ownership
or other interest in the parcel in the Clatsop County Deed Records.
2.
Any
and all LID assessments made by the City pursuant to this chapter
shall be in the form of an ordinance of the City of Warrenton and
shall contain the following information at a minimum:
D.
A copy
of the ordinance apportioning LID assessment shall be filed with the
City Recorder who shall make the necessary changes or entries in the
City's lien docket.
E.
Each
applicant for apportionment of a LID assessment shall pay a fee as
established by the City before the City will begin the LID assessment
apportionment process.
(Ord. 1042-A § 32, 2000)
