In assessing the cost of an improvement the council may:
(1) Use
any just and reasonable method of determining the extent of any improvement
district consistent with the benefits derived;
(2) Authorize
payment by the city of all or any part of the cost of any such improvement;
provided, that the method selected creates a reasonable relation between
the benefits derived by the property specially assessed, and the benefits
derived by the city as a whole; and
(3) Use
any method of apportioning the sum to be assessed as is just and reasonable
between the properties determined to be specially benefited.
When, in the opinion of the council, on account of topographical
or physical layout, unusual or excessive public travel, or other character
of work, or when the council otherwise believes the situation warrants
it, it may pay what it deems a fair proportion of the cost of such
improvement in relation to the benefits derived by the property directly
benefited from general funds of the city, and the amount to be assessed
to the property benefited shall be proportionately reduced. Nothing
herein contained shall preclude the council from using other available
means of financing improvements, including federal or state grants-in-aid,
sewer service or other types of service 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 council may, in its discretion,
levy special assessments under this chapter to cover any part of the
costs of the improvement not covered by such means.
If the assessment is made before the total costs of the improvement
are known, and it is found that the amount assessed is insufficient
to defray the expense of the improvement, the council may by resolution
declare such deficit and prepare a proposed deficit assessment. The
finance director shall give notice thereof and of the hearing of objections
thereto as described above with reference to the original report,
and the council upon such hearing shall make a just and equitable
deficit assessment. Such deficit assessment shall be consolidated
with the assessment in the lien docket.
If, upon the completion of any public improvement project, it
is found that any sum theretofore assessed therefor upon any property
for the project is more than sufficient to pay the cost thereof, the
council must ascertain and declare the same, and when so declared
it must be entered in the docket of city liens as a credit upon the
appropriate assessment. If any such assessment has been paid, the
person who paid the same, or their legal representative, shall be
entitled to the payment of any portion of the rebate credit which
exceeds the assessment, by a warrant on the city treasurer.
No assessment made for a public improvement in accordance with the provisions of sections
3.050 to
3.074 shall be invalid by reason of failure to give in any report, in the proposed assessment, in the ordinance making the assessment, in the lien docket, or elsewhere in the proceedings, the name of the owner of any lot, tract, or parcel of land, or the name of any person having a lien upon or interest therein, or by a mistake in the name of any such person, or by the entry of a name other than the name of such owner or other person having a lien upon or interest than the name of such owner or other person having a lien upon or interest in such property, or by reason of any error, mistake, delay, omission, irregularity, or other act, jurisdictional or otherwise, in any of the proceedings or steps hereinbefore specified, unless it appears that reasonable notice has not been given of the hearing upon the proposed assessment or that the assessment as made, insofar as it affects the person complaining, is unfair and unjust. The council shall have power and authority to remedy and correct all such matters by suitable action and proceedings.
The provisions of ORS 223.205 to ORS 223.295, known as the “Bancroft Bonding Act,” together with amendments or future amendments thereof, are hereby adopted and made a part of sections
3.050 to
3.074 by reference.
Whenever property shall have been assessed in an entire tract
and subsequently divided among diverse owners, any person, to clear
a portion of the property from the lien of assessment, may make application
to the council for a segregation of the assessment and for a determination
of the amount due on the portion owned. The council shall thereupon
cause an appraisal of the entire property as a whole, and also of
the segregated portion, in detail by a suitable committee of the council.
Upon the committee’s report to the council, if the council deems
that such segregation can be made without prejudice to the city’s
security, it may order the city treasurer to accept payment on the
segregated portion and to discharge such portion from the lien of
assessment. In the event the council shall determine that the city
cannot without injury to is security permit such segregation, it shall
require payment of the entire amount as a whole before any portion
of the tract shall be discharged from the lien.
In the event of a delinquency in payment of the required installments
where the property owner has filed an application to pay in installments
under the Bancroft bonding Act and procedures, and said delinquency
consists of not less than three payments being due and unpaid, the
finance director may agree with the property owner to withhold and
to forebear action including foreclosure proceedings upon the following
terms and conditions:
(a) The
period for payment shall not exceed the remaining term of the original
Bancroft Agreement.
(b) The
delinquencies, including interest, shall be paid in no more than 12
monthly installments, or, at the option of the finance director, may
be amortized over the remaining term of the original Agreement and
paid in equal installments in addition to the installments required
by the original Bancroft Agreement.
(c) All
assessment liens shall be paid in full upon any sale or transfer of
the fee interests of the property owner in the property. Exceptions
to this condition may be made upon recommendation of the finance director
and approval of the city manager.
(d) If the
property owner agrees to pay the delinquency within 12 months, there
shall be charged an administrative fee equal to 1 percent of the delinquent
principal at the time the agreement is signed.
(e) In the
event of a failure to pay either the regular or additional installments
within 30 days after billing, the city may proceed to foreclose in
the manner provided by law or to take such other action as may be
allowed by law and the agreement shall thereupon be of no further
force and effect. The additional charges for herein shall be added
to and become a part of the total lien.
An assessment service fee of 6.2 percent of the cost of direct
construction, advertising, testing and engineering of local public
improvement projects shall be added and included in the assessment
made to each benefiting property owner in order to cover the origination,
billing and collection cost on assessment.
The repayment period on assessments financed by benefiting property
owner’s is established at 10 years unless the payment period
of the city’s underlying debt exceeds 10 years, in which case
the property owner’s repayment period may be matched to the
period of the city’s underlying debt.