Whenever the city council shall deem it necessary, upon its own motion or upon the petition of the owners of one-half of the property to benefit specially from the improvement, to make any street, sewer, sidewalk, drain or other public improvement to be paid for in whole or in part by special assessment according to benefits, then the city council shall by motion direct an appropriate city employee or agent to make a survey and written report for such project and file the same with the city auditor. Unless the city council shall direct otherwise, such report shall contain the following matters:
A. 
A map or plat showing the general nature, location and extent of the proposed improvement and the land to be assessed for the payment of any part of the cost thereof.
B. 
Plans, specifications and estimates of the work to be done; provided however, that where the proposed project is to be carried out in cooperation with any other governmental agency, the report may adopt the plans, specifications and estimates of such agency.
C. 
An estimate of the probable cost of the improvement, including any legal, administrative and engineering costs attributable thereto.
D. 
An estimate of the unit cost of the improvement to the specially benefited properties.
E. 
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.
F. 
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, when readily available, the names of the contract purchasers thereof.
G. 
A statement of outstanding assessments against property to be assessed.
(Ord. 425 § 1, 1981)
After the report shall have been filed with the city recorder, the council may thereafter by motion approve the report, modify the report and approve it as modified, require additional or different information for such improvement, or it may abandon the improvement.
(Ord. 425 § 2, 1981)
After the city council shall have received the report as submitted or modified, the council shall by resolution declare its intention to make such improvement, provide the manner and method of carrying out the improvement and shall direct the city recorder to give notice of such improvement as follows:
A. 
By two publications one week apart in a newspaper of general circulation in the city of Philomath, and such notice shall state:
1. 
That the city has by resolution declared its intention to make such improvement.
2. 
The general description of the area in which such improvements shall be made.
3. 
The date on which the city council shall hold the public hearing, which date shall not be earlier than 10 days following the first publication of notice.
4. 
The place that the public hearing will be held.
5. 
That such public hearings, objections and remonstrance to the improvement will be heard by the city council.
6. 
That action on the proposed public improvement, except a sidewalk or an improvement unanimously declared by the council to be needed at once because of an emergency, shall be suspended for six months upon a remonstrance thereto by the owners of two-thirds of the property to be specially assessed therefor.
7. 
The total cost of the improvement.
8. 
That a written report on the improvement containing a description of the owners to be specially benefited by the improvement, and names of the owners of such property, and the estimate of the unit cost of the improvement to the property is on file in the office of the city recorder and is subject to public examination.
B. 
By mailing copies of the following notice by registered or certified mail to the owners of the property to be assessed for the costs of such improvement. For the purposes of this section, "owner" shall mean the record holder of legal title to the land, except that if there is a purchaser of the land according to a recorded land sale contract or according to a verified writing by the record holder of legal title to the land filed with the city recorder, the said purchaser shall be deemed the owner.
1. 
That a written report on the improvement is on file in the office of the city recorder and is subject to public examination.
2. 
That the city council will hold a public hearing on the proposed improvement and the date and place of the public hearing.
3. 
That the public hearing, objections and remonstrances to such improvement shall be heard by the city council.
4. 
That action on any proposed public improvement, except a sidewalk or an improvement unanimously declared by the council to be needed at once because of an emergency, shall be suspended for six months upon a remonstrance thereto by the owners of two-thirds of the property to be specially assessed therefor.
5. 
A description of the property to be specially benefited by the improvement, the owners of such property, and the estimate of the unit cost of the improvement to the property to be specially benefited, and the total cost of the improvement to be paid for by special assessments to benefited properties.
(Ord. 425 § 3, 1981)
The city council may provide in the improvement resolution that the construction work may be done in whole or in part by the city of Philomath, by a contract, or by any other governmental agency, or by any combination thereof.
(Ord. 425 § 4, 1981)
At the time of the public hearing on the proposed improvement, action on any proposed public improvement, except a sidewalk or an improvement unanimously declared by the council to be needed at once because of an emergency, shall be suspended for six months upon a remonstrance thereto by the owners of two-thirds of the property to be specially assessed therefor. For the purposes of this section, "owner" shall mean the record holder of legal title to the land, except that if there is a purchaser of the land according to a recorded land sale contract or according to a verified writing by the record holder of legal title to the land filed with the city recorder, the said purchaser shall be deemed the owner. If the required number of owners do not remonstrate against the public improvement, the city council may, by motion at the time of said hearing or within 60 days thereafter, order said improvement to be carried out in accordance with the resolution or the city council may on its own motion abandon the improvement.
(Ord. 425 § 5, 1981)
The city council may, in its discretion, direct the city recorder to advertise for bids for construction of all, or any part of, the improvement project on the basis of the council-approved report and before the passage of the resolution, or after the passage of the resolution and before the public hearing on the proposed improvement, or at any time after said public hearing; provided, however, that no contract shall be let until after the public hearing has been held to hear remonstrances and oral objections to the proposed improvement. In the event that any part of the work of the improvement is to be done under contract bids, then the council shall follow its bid solicitation process as specified in the city's public contracting procedures, and the contracts may be let to the responsible bidder whose bid is in the best interests of the city as determined in the sole discretion of the city council; provided, that the council shall have the right to reject any or all bids when they are deemed unreasonable or unsatisfactory in the city council's discretion. The city shall provide for the bonding of all contractors for the faithful performance of any contract let under its authority, and the provisions thereof in case of default shall be enforced by action in the name of the city of Philomath.
If the city council finds, upon opening bids for the work of such improvement, that the bid in the best interest of the city is substantially in excess of the estimate, it may, in its discretion, provide for holding a special hearing of objections to the proceeding with the improvement on the basis of such bid; and it may direct the city recorder to publish one notice thereof in a newspaper of general circulation in the city of Philomath.
(Ord. 425 § 6, 1981; Ord. 738 § 4, 2006)
If the city council determines that the local improvement shall be made, when the estimated cost thereof is ascertained on the basis of the contract award of city departmental cost, or after the work is done and the cost thereof has been actually determined, the city council shall determine whether the property benefited shall bear all or a portion of the cost. The city recorder or other person designated by the council shall prepare the proposed assessment to the respective lots within the assessment district and file it in the appropriate city office. Notice of such proposed assessment shall be mailed by registered or certified mail to the owner of each lot proposed to be assessed, which notice shall state as follows:
A. 
The amount of assessment proposed on that property.
B. 
The date by which time such objections shall be filed with the city recorder.
C. 
That any such objection shall be in writing and shall state the grounds of the objection.
D. 
The time and place that the city council shall consider any such objections.
The city council shall consider such objections and may adopt, correct, modify or revise the proposed assessments, and shall determine the amount of 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.
(Ord. 425 § 7, 1981)
The city council, in adopting a method of assessment of the costs of the improvement, may:
A. 
Use any just and reasonable method of determining the extent of any improvement district consistent with the benefits derived.
B. 
Use any method of apportioning the sum to be assessed as is just and reasonable between the properties determined to be specially benefited.
C. 
Authorize payment by the city of all, or any part of, the cost of any such improvement when, in the opinion of the city council, the topographical or physical conditions, or unusual or excessive public travel, or other character of the work involved warrants only a partial payment or no payment by the benefited property of the costs of improvement.
Nothing contained in this chapter shall preclude the council from using any other available means of financing improvements, including federal or state grants-in-aid, sewer charges or fees, revenue bonds, general obligation bonds, or any other legal means of finance. In the event that such other means of financing improvements are used, the city council may, in its discretion, levy special assessments according to the benefits derived to cover any remaining part of the costs of the improvement.
(Ord. 425 § 8, 1981)
Subject to the curative provisions of PMC § 14.10.160 and the rights of the city to reassess as provided in PMC § 14.10.170, proceedings for writs of review and suits in equity may be filed no later than 60 days after the passage by the city council of the ordinance spreading the assessment; providing that the property owner shall have filed a written objection to the proposed assessment as provided in PMC § 14.10.070. A property owner who has filed a written objection with the city recorder, as required by PMC § 14.10.070, shall have the right to apply for a writ of review based on the grounds that the council, in the exercise of judicial functions, has exercised such functions erroneously or arbitrarily, or has exceeded its jurisdiction to the injury of some substantial right of such owner, if the facts supporting said ground have been specifically set forth in the written objection as required in PMC § 14.10.070. A property owner who has filed a written objection with the city recorder, as required by PMC § 14.10.070, may commence a suit for equitable relief based on a total lack of jurisdiction on the party of the city; and if notice of the improvement shall not have been sent to the owner, and if the owner did not have actual knowledge of the proposed improvement prior to the hearing, then the owner may file written objections alleging lack of jurisdiction with the city recorder within 30 days after receiving notice of knowledge of the improvement. No provision of this section shall be construed so as to lengthen any period of redemption or so as to affect the running of any statute of limitation or equitable defense, including laches. Any proceeding on a writ of review or suit in equity shall be abated if proceedings are commenced and diligently pursued by the city council to remedy or cure the alleged errors or defects.
(Ord. 425 § 9, 1981)
A. 
Within 10 days after the ordinance levying assessment has been passed, the city recorder shall send by registered or certified mail a notice of assessment to the owner of the assessed property. Such notice shall contain the following:
1. 
The date of the assessment ordinance.
2. 
A copy of the assessment ordinance.
3. 
That upon the failure of the owner of the property assessed to make application to pay the assessment in installments within 10 days from the date of the first publication or notice or upon the failure of the owner to pay the assessment in full within 30 days from the date of the assessment ordinance, then interest will commence to run on the assessment and that the property assessed will be subject to foreclosure.
4. 
The description of the property assessed and the name of the owner of the property.
5. 
The amount of each assessment.
B. 
The city recorder shall also publish notice of such assessment twice in a newspaper of general circulation in the city of Philomath, the first publication of which shall be made not later than 10 days after the date of the assessment ordinance. This notice shall contain the following information:
1. 
The date and number of the assessment ordinance.
2. 
The names and addresses of the owners of the property assessed.
3. 
That the engineering report and the ordinance spreading assessments containing the description of the property assessed and the amount of each assessment is on file at the office of the city recorder and is available for public inspection.
4. 
That upon the failure of the owner of the property assessed to make application to pay the assessment in installments within 10 days from the date of the first publication or notice or upon the failure of the owner to pay the assessment in full within 30 days from the date of the assessment ordinance, then interest will commence to run on the assessment and that the property assessed will be subject to foreclosure.
5. 
The total amount of the assessment cost for the project.
(Ord. 425 § 10, 1981)
After passage of the assessment ordinance by the city council, the city recorder shall enter into the docket of city liens a statement of the amounts assessed upon each particular lot, parcel of land or portions thereof which have been assessed for such improvements. All assessment liens of the city of Philomath shall be superior and prior to all other liens or encumbrances on property insofar as the laws of the state of Oregon permit. Interest shall be charged at a rate to be set by the city council in the ordinance spreading the assessment but not to exceed the rate of 14 percent per annum until paid on all amounts not paid within 30 days from the date of the assessment ordinance; and after expiration of 30 days from the date of such assessment ordinance, the city may proceed to foreclose or enforce collection of the assessment liens in the manner provided by the general law of the state of Oregon; provided however, that the city may, at its option, enter a bid for the property being offered at a foreclosure sale, which bid shall be prior to all bids except those made by persons who would be entitled under the laws of the state of Oregon to redeem such property.
(Ord. 425 § 11, 1981; Ord. 445 § 1, 1981)
Claimed errors in the calculation of assessments shall be called to the attention of the city recorder who shall determine whether there has been an error in fact. If the city recorder shall find that there has been an error in fact, he shall recommend to the council an amendment to the assessment ordinance to correct such error; and upon enactment of such amendment, the city recorder shall make the necessary correction in the docket of city liens and send a corrected notice of assessment by registered or certified mail.
(Ord. 425 § 12, 1981)
In the event that an assessment shall be made before the total cost of the improvement is ascertained, and if it is found that the amount of the assessment is insufficient to defray the expenses of the improvement, the council may by motion declare such deficit and prepare a proposed deficit assessment. The procedures for setting the deficit assessment shall be those procedures set forth in this chapter as provide for the passage of the ordinance spreading the assessments, the notice of the ordinance spreading the assessments, the docketing in the lien dockets of the ordinance spreading the assessments and all other related procedures.
(Ord. 425 § 13, 1981)
If, upon completion of the improvement project, it is found that the assessment previously levied upon any property is more than sufficient to pay the costs of such improvements, then the council must ascertain and declare the same by ordinance; and, when so declared, the excess amounts must be entered on the lien docket as a credit upon the appropriate assessment. In the event that any assessment has been paid, the person who paid the same, or his legal representative, shall be entitled to the repayment of such rebate credit or the portion thereof which exceeds the amount unpaid on the original assessment.
(Ord. 425 § 14, 1981)
The city council shall have full power and authority to abandon and rescind proceedings for improvements made under this chapter at any time prior to the final completion of such improvements; and if liens have been assessed upon any property under such procedure, they shall be canceled; and any payments made on such assessments shall be refunded to the person paying the same, his assigns or legal representatives.
(Ord. 425 § 15, 1981)
No improvement assessment shall be rendered invalid by reason of a failure of the report to contain all of the information required by PMC § 14.10.010; or by reason of a failure to have all of the information required to be in the improvement resolution, the assessment ordinance, the lien docket, or notices required to be published and mailed; nor by the failure to list the name of, or mail notice to, the owner of any property as required by this chapter; or by reason of any other error, mistake, delay, omission, irregularity, or other act, jurisdictional or otherwise, in any of the proceedings or steps herein specified, unless it appears that the assessment is unfair or unjust in its effect upon the person complaining; and the city council shall have the power and authority to remedy and correct all such matters by suitable action and proceedings.
(Ord. 425 § 16, 1981)
Whenever any assessment, deficit, or reassessment for any improvement which has been made by the city has been, or shall be, set aside, annulled, declared or rendered void, or its enforcement restrained by any court of this state, or any federal court having jurisdiction thereof, or when the council shall be in doubt as to the validity of such assessment, deficit assessment, or reassessment, or any part thereof, then the council may make a reassessment in the manner provided by the laws of the state of Oregon.
(Ord. 425 § 17, 1981)