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Ord 2105 - Repeal Or 1879 Improv COUNCIL BILL NO. 1458 ORDINANCE NO. 2105 AN ORDINANCE PROVIDING PROCEDURES FOR LOCAL IMPROVEMENTS AND SPECIAL ASSESSMENTS; REPEALING ORDINANCE NO. 1879, AND DECLARING AN EMERGENCY. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Initiatina Imorovements. (1) When the Council considers it necessary to require that improvements to a street, sewer, water facility, sidewalk, parking, curbing, drain or other public improvement defined in ORS 223.387 be paid for in whole or in part by special assessment according to benefits conferred, the Council shall declare by resolution that it intends to make the improvement and direct the City Engineer to make a survey of the improvement and a written report. (2) When owners of two-thirds of the property that will benefit specially by improvements defined in subsection (1) request by written petition that the Council initiate an improvement, the Council shall declare by resolution that it intends to make the improvement and direct the City Engineer to make a survey of the improvement and a written report. Section 2. Enaineer's Reoort. The Engineer's report may contain, but is not limited to, the following: (1) A map or plat showing the general nature, location and extent of the proposed improvement and the land to be assessed for payment of the cost. (2) Plans, preliminary sketches and estimates of work to be done. If the proposed project is to be carried out in cooperation with another governmental agency, the Engineer may adopt plans, specifications and estimates of that agency. (3) An estimate of probable cost of the improvement, including legal, administrative and engineering cost. (4) An estimate of unit cost of the improvement to the benefited properties, per square foot, per front foot, or another unit of cost. (5) A recommendation concerning the method of assessment to be used to arrive at a fair apportionment of the whole or a portion of the cost of the improvement to the benefited properties. Page 1 - COUNCIL BILL NO. 1458 ORDINANCE NO. 2105 (6) A description of each lot, parcel of land, or portion of land to be benefited, with names of the record owners and, when readily available, names of contract purchasers, as shown on books and records of the Marion County Tax Department. To describe each lot or parcel of land under provisions of this section, it shall be sufficient to use the tax account number assigned to the property by the tax department or shown on books and records of the Marion County Clerk. (7) A recommendation regarding the rate of interest, but it shall be as the governing body may determine based on a certain percent per annum, to be paid on assessments bonded under the Bancroft Bonding Act and ORS Chapter 223. Section 3. Action on Enaineer's Reoort. After reviewing the Engineer's report, the Council may approve the report, modify the report and approve it as modified, require the Engineer to supply additional or different information for the improvement, or abandon the improvement. Section 4. Resolution and Notice of Hearina. After the Council has approved the Engineer's report as submitted or modified, the Council shall declare by resolution that it intends to make the improvement and direct the Recorder to give notice of the Council's intention by two publications, one week apart, in a newspaper of general circulation in the city. The notice shall contain the following: (1) That the Council will hold a public hearing on the proposed improvement on a specified date, which shall be not less than 10 days after the first publication of notice, at which objections and remonstrances to the improvement will be heard by the Council; and that action on any proposed public improvement, except a sidewalk or except an improvement unanimously declared by the Council to be needed at once because of an emergency, shall be suspended for six months upon written remonstrance thereto by the owners of a majority of the land to be specially assessed therefor. (2) A description of the property to be benefited by the improvement, owners of the property as shown on the books and records of the Marion County Tax Department, as the Engineer's estimate of total cost of the improvement to be paid by special assessment to benefited properties. For purposes of this subsection it shall be sufficient to describe the property to be benefited by a metes and bounds description or by the tax account number assigned to the property and used by the Marion County Tax Department or the subdivision lot and block number or the book and page designations shown on books and records of the Marion County Clerk. Page 2 - COUNCIL BILL NO. 1458 ORDINANCE NO. 2105 ~. . . - "' - T"' ..- ., ._-~,._._--".. ---.-.,...-.-. -..........----- Section 5. Manner of Doina Work. The Council may at its discretion provide that the construction work may be done in whole or in part by the City, by contract, by another governmental agency, or by a combination of the above. Section 6. Ordinance of Aooroval or Abandonment of Imorovement. The Council may by ordinance at the time of the hearing or within 90 days thereafter, order the improvement carried out in accordance with the resolution, modify the proposed improvement, or, if the project was initiated by Council motion and not by petition of property owners, abandon the improvement. Section 7. Call for Bids. The City may 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 the 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. Section 8. Method of Assessment and Alternative Methods of Financina. (1) The Council, in adopting a method of assessing the cost of the improvement, may: (a) Use any just and reasonable method to determine the extent of an improvement district consistent with the benefits derived. (b) Use any just and reasonable method of apportioning the sum to be assessed among the benefited properties. (c) Authorize payment by the City of all or part of the cost of an improvement when in the opinion of the Council the topographical or physical conditions, unusual or excessive public travel, or other character of the work involved warrants only partial payment or no payment of the cost by the benefited property. (2) Nothing contained in this section shall preclude the Council from using other means of financing improvements, including federal and state grant-in-aid, sewer charges or fees, revenue bonds, general obligation bonds, or other legal means of finance. If other means of financing are used, the Council may levy special assessments according to benefits derived to cover any remaining part of the cost. Page 3 - COUNCIL BILL NO. 1458 ORDINANCE NO. 2105 . ,. . _."._._..---_.._...,..~_. ,-...__._,-~_.,...__._._._---_..~~ Section 9. Final Assessment Ordinance. (1) If the Council caused the public improvement to be made and the actual cost has been determined, upon completion of the project the Council shall determine whether the benefited property shall bear all or a portion of the cost. The Recorder or other person designated by the Council shall prepare the final assessment for each lot within the assessment district and file the assessments in the Recorder's office. (2) Notice of the proposed assessment shall be published and mailed or personally delivered to the owner of each lot proposed to be assessed at the address shown on the Marion County Tax Assessor's rolls. The notice shall state the amount of final assessment on the property and fix a date by which time any objections shall be filed with the Recorder and the date and time set for the public hearing at which the Council will hear objections. An objection shall state the grounds for the objection. (3) At the hearing the Council shall consider the objections and may adopt, correct, modify or revise the assessment against each lot in the district according to special and peculiar benefits accruing to it from the improvement. Section 10. Notice of Assessment. (1) Within 10 days after the ordinance levying assessments has been passed, the Recorder shall send a notice of assessment to the owner of the assessed property by registered or certified mail and publish notice of the assessment twice in a newspaper of general circulation in the city. The first publication of notice shall be not later than 20 days after the date of assessment ordinance. (2) The notice of assessment shall include the name of the property owner, a description of the assessed property, the amount of the assessment, and the date of the assessment ordinance and shall state that interest will begin to run on the assessment and the property will be subject to foreclosure unless the owner either makes application to pay the assessment in installments within 10 days after the date of the first publication of notice or pays the assessment in full within 30 days after the date of the assessment ordinance. Section 11. Lien Record and Foreclosure Proceedinas. (1) After passage of the assessment ordinance, the Recorder shall enter into the docket of liens a statement of the amount assessed on each lot, parcel of land or portion of land, description of the improvement, names of property owners, and the date of the assessment ordinance. Upon entry in the lien docket, the amounts shall Page 4 - COUNCIL BILL NO. 1458 ORDINANCE NO. 2105 ,.~-- '-,-.....-- ",_..,,----,--- ..-...-,".... _..-..- become liens and charges on the lots, parcels of of land or portions of land that have been assessed for improvement. (2) Assessment liens of the city shall be superior and prior to all other liens or encumbrances on property insofar as state law permits. (3) The city may enter a bid on property being offered at a foreclosure sale. The city bid shall be prior to all bids except those made by persons who would be entitled under state law to redeem the property. Section 12. Errors in Assessment Calculations. Claimed errors in the calculation of assessments shall be called to the attention of the Recorder, who shall determine whether there has been an error. If there has been an error, the Recorder shall recommend to the Council an amendment to the assessment ordinance to correct the error. On enactment of the amendment, the Recorder shall make the necessary correction in the docket of liens and send a correct notice of assessment by registered or certified mail. Section 13. SUDDlemental Assessments. If a supplemental assessment is required pursuant to Section 18 of this ordinance, the Council may declare the insufficiency by motion and prepare a proposed supplemental assessment. The Council shall set a time for hearing objections to the supplemental assessment and direct the City Recorder to publish one notice in a newspaper of general circulation in the city. After the hearing, the Council shall make a just and equitable supplemental assessment by ordinance, which shall be entered in the docket of liens as provided by Section 11. Notice of the supplemental assessment shall be published and mailed, and collection of the assessment shall be made in accordance with Sections 10 and 11. Section 14. Rebates. If a rebate is required pursuant to Section 18 of this ordinance, the Council shall ascertain and declare the excess by ordinance. When declared, the excess amounts must be entered on the lien docket as a credit on the appropriate assessment. If an assessment has been paid, the person who paid it or that person's legal representative shall be entitled to payment of the rebate credit. Section 15. Remedies. (1) Subject to curative provisions of Section 17 and rights of the city to reassess as provided in Section 18, proceedings for writs of review and equitable Page 5 - COUNCIL BILL NO. 1458 ORDINANCE NO. 2105 relief may be filed not earlier than 30 days nor later than 60 days after filing written objection as provided by Section 9. (2) A property owner who has filed a written objection with the Recorder before the public hearing may have the right to apply for a writ of review based on the Council's exercising its functions erroneously or arbitrarily or exceeding its jurisdiction to the injury of a substantial right of the owner, if the facts supporting the claim have been specifically set forth in the written objections. (3) A property owner who has filed a written objection with the Recorder before the public hearing may begin an action for equitable relief based on a total lack of jurisdiction on the part of the city. If notice of the improvement was not sent to the owner and if the owner did not have actual knowledge of the proposed improvement before the hearing, the owner may file a written objection alleging lack of jurisdiction with the Recorder within 30 days after receiving notice or knowledge of the improvement. (4) A provision of this section shall not be construed to lengthen the period of redemption or to affect the running of a statute of limitation. A proceeding on a writ of review or for equitable relief shall be abated if proceedings are begun and diligently pursued by the council to remedy or cure alleged error or defects. Section 16. Abandonment of Proceedinas. The Council may abandon proceedings for improvements made under Sections 1 to 15 at any time before final completion of the improvements. If liens have been placed on property under this procedure, they shall be canceled, and payments made on assessments shall be refunded to the person who paid them or to that person's legal representatives. Section 17. Curative Provisions. (1) An improvement assessment shall not be rendered invalid by reason of: (a) Failure of the Engineer's report to contain all information required by Section 2. (b) Failure to have all information required in the improvement resolution, assessment ordinance, lien docket, or notices required to be published and mailed. (c) Failure to list the name of or mail notice to an owner of property as required by this ordinance. (d) Any other error, mistake, delay, omission, irregularity or other act, jurisdictional or otherwise, in the proceedings or steps specified, unless it appears that the assessment is unfair or unjust in its effect on the person complaining. Page 6 - COUNCIL BILL NO. 1458 ORDINANCE NO. 2105 _. .,......__'... <_~.__..m...'.'-"_,_._... ._._~.,___.,_,.".., .... "".~___~,~_._._ --, (2) The Council shall have authority to remedy and correct all matters by suitable action and proceedings. Section 18. Reassessment. When an assessment, supplemental assessment, or reassessment for an improvement made by the city has been set aside, annulled, declared void, or its enforcement restrained by a court of this state or by a federal court having jurisdiction, or when the council doubts the validity of the assessment, supplemental assessment, rebate, or any part of it, the Council may make a reassessment in the manner provided by state law. Section 19. Severabilitv. Each portion of this ordinance shall be deemed severable from any other portion. The unconstitutionality or invalidity of any portion of this ordinance shall not invalidate the remainder of this ordinance. Section 20. ReDeal. Ordinance No. 1879 is hereby repealed. Section 21. This ordinance being necessary for the immediate preservation of the public peace, health and safety, and emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. ~- - iJ t Approved as to form:' ,. rv /)P~ ~ I~ '1 J City Attorney , Dat APPROVED: ':/~--1J ,~~~/ Le Kelley, Mayor . Passed by the Council March 22, 1993 Approved by the Mayor March 23, 1993 March 23, 1993 Submitted to the Mayor Filed in the Office of the Recorder ATTEST: /Yl~~ Mary-'Tennant, City Recorder City of Woodburn, Oregon March 23, 1993 Page 7 - COUNCIL BILL NO. 1458 ORDINANCE NO. 2105 "T"o ..-- .'