AN ORDINANCE PRESCRIBING THE METHOD AND PROCEDURE TO BE FOLLOWED IN MAKING PUBLIC IMPROVEMENTS; PROVIDING FOR THE MAKING OF ASSESSMENTS THEREFOR; PROVIDING FOR THE ENFORCEMENT AND COLLECTION OF THE SAID ASSESSMENTS; FOR THE FORCLOSURE OF LIENS CREATED THEREBY; AND DECLARING AN EMERGENCY.
Whereas, the charter of the city of Junction City empowers the common council to provide the method and procedure to be followed in making assessments for public improvements and in determining what and to what extent property will be benefitted by a proposed improvement; and,
Whereas, there is a need for establishing by general ordinance methods and procedures for construction and repair of improvements and determining the property benefitted thereby;
The City of Junction City does ordain as follows:
Section 1. Declaration of Intention; Report from Superintendent of Public Works or Street and Alley Committee; Recommendations.
(a) Whenever the city council shall deem it expedient to construct, alter, repair or improve any street or streets, sewer, sidewalk, waterline or drain for all or any part of which it is anticipated special assessments will be levied, it shall, by resolution, declare its intention to initiate such improvement and direct the superintendent of public works or the street and alley committee of the council to make a survey and plat or survey and plan of such project, and to file a written report with the recorder within a set time.
(b) The superintendent of public works or the street and alley committee shall make the survey and plat or survey and plan and report and file it with the recorder within the time set forth in such resolution.
(c) The report shall contain the following:
(2) A description of each lot, tract or parcel of land or portion thereof, specially benefitted thereby, with the name of the record owner or owners, and may contain the name or names of other persons found to have any interest in or lien upon said property;
(3) A description of the boundaries of the district benefitted and to be assessed for such improvement as shown by the council's resolution;
(4) An estimate of the probable cost of such project, which estimate shall include legal, administrative, and engineering costs attributable to such project; and
(5) A recommendation of a fair apportionment of the whole or any portion of the cost of the project to the property specially benefitted.
Section 2. Method of Assessment. The council may:
(a) Use any just and reasonable method of determining the extent of any improvement district consistent with the benefits derived.
(b) Authorize payment by the city of Junction City of all or any part of the Cost of any of the improvement; provided 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.
(c) Use any method of apportioning the sum to be assessed as is just and reason able between the properties determined to be specially benefitted.
[§2 as amended by Ordinance No. 715, Section 2, passed December 13, 1977.]
Section 3. Notice; Objections.
(a) Promptly after the filing of the street and alley committee's or superintendent of public works' report, the recorder shall prepare a notice stating that:
(2) Subject to examination;
(3) Giving the date when the same was filed;
(4) The estimated probable cost of such proposed improvement;
(5) A brief statement of the area proposed to be assessed therefore; and
(6) Notifying all persons interested to present their objections to said report, if any they have, before the council on a date specified in such notice, not less than 10 days after the date of the first publication or posting, as hereinafter provided, of said notice. (b) The council shall specify in a resolution providing for the said improvement whether the notice provided for in this section shall be published or posted as herein provided.
(1) If the council shall declare such notice be published, the recorder shall prepare the notice of publication containing the information above set forth in Section 3(a), and cause the said notice to be published in a newspaper of general circulation within the city;
(2) If the council shall determine to give notice by posting, the recorder shall prepare a notice containing the information as set forth in Section 3(a) above; one copy thereof shall be posted in the city hall and at least two copies thereof shall be posted within the confines of the area where the proposed improvement is to be carried out;
(3) In addition, the recorder shall cause to be mailed to the address of the record owner of the property to be assessed therefore notice containing the information set forth in Section 3(a) above;
(4) Said notices shall provide for the hearing before the council, which may be not less than 10 days from the date of the mailing or posting, or publication, whichever is later, of the said notices.
Section 4. Hearings, Assessments, Increase in Proposed Assessments.
(a) If the council, after hearing the objections, if any there be, find such report to be reasonable and just, it may adopt the same or amend, and, as amended, adopt the same by ordinance, embodying such report. It may require a supplementary or further report from the superintendent of public works. When the council, after such hearing, shall have ascertained what it deems to be a fair, just, and proper assessment of benefits to the property it determines to be specially benefitted, it may pass an ordinance specifying in detail such assessment, which ordinance may be passed at any time after the hearing hereinbefore specified. In order to avoid deficit assessments or rebates, or for any other reason deemed sufficient by the council, such ordinance specifying and levying assessments need not be passed until the work is completed and total costs determined. If the council deems it just and proper to increase the amount of any proposed assessment against any parcel of land embraced in said engineer's report, it shall fix a time for a further hearing with respect to such increase, cause the recorder to send a notice by mail to each person who is the record owner of, and known by the recorder to be interested in, the property thus affected, stating what is proposed with respect to such property, and giving a date not less than 10 days thereafter for the further hearing. After such hearing, the council may pass an ordinance assessing such increase.
(b) If a written remonstrance against the improvement is filed with the city, which remonstrance is signed by the owners of not less than two-thirds of the frontage of property to be specifically affected or assessed for such improvement, then no further proceeding shall be taken for the same or similar improvement for a period of six months after the filing of such remonstrance. The council may allow a fixed number of days following the hearing on the proposed improvements within which such a remonstrance may be filed; and if none is filed by such a time, the ordinance adopting the report shall take effect.
[§4 as amended by Ordinance No. 553, passed September 9, 1969.]
Section 5. Alternative Methods of Financing. When, in the opinion of the council, on account of topographical or physical layout, unusual or excessive travel, or other character of work is involved, 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 benefitted from general funds of the city; and the amount to be assessed to the property benefitted 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 hereunder to cover any part of the costs of the improvement not covered by such means.
Section 6. Appeal. Any person feeling aggrieved by assessments made as herein provided may, within 20 days from the passage of the ordinance levying the assessment by the council, appeal therefrom to the circuit court of the state of Oregon for Lane County. Such appeal and the requirements and formalities thereof shall be heard, governed, and determined, and the judgment thereon rendered and enforced as far as practicable in the manner provided for appeals from reassessments contained in Section 95-105 Oregon Compiled Laws Annotated [ORS 221.060], as now or hereafter amended. The result of such appeal shall be a final and conclusive determination of the matter of such assessment, except with respect to the city's right of reassessment as provided herein.
Section 7. Lien Collection; Collection of Assessments. The council, upon completion of the project, shall adopt a resolution directing the recorder to enter in the docket of city liens a statement of the respective amounts assessed upon each particular lot or parcel of land with the names of the record owners thereof. Upon such entry in the lien docket, the amounts so entered shall be immediately due and shall be a lien and charge upon the respective lots, tracts and parcels of land against which the same are placed. Such liens shall be superior to all other liens, except as otherwise provided by law. The interest shall be charged at the rate of 7 percent per annum until paid on all amounts not paid within 30 days from the date of such entry.
The city of Junction City may proceed to foreclose as delinquent any lien 30 days after the same shall have been entered in the lien docket, as provided for foreclosure of liens in ORS Chapter 223, as now or hereafter amended.
[§7 as amended by Ordinance No. 611, passed February 13, 1973.]
Section 8. The Manner of Doing Work; Contracting, Bidding and Bonding of the Work. The manner of doing the work, of contracting, bidding and bonding for the work of the project shall be in accordance with the city's ordinance concerning making and contracting for improvements.
[§8 as amended by Ordinance No. 715, Section 3, passed December 13, 1977.]
Section 9. Deficit Assessment. If the assessment is made before the total costs are known, and it be found that the amount assessed is insufficient to defray the expenses of the project, the council may by resolution declare such deficit and prepare a proposed deficit assessment. The recorder shall give notice thereof, and of the hearing of objec tions thereto, as above described 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.
Section 10. Rebate. If, upon the completion of the project, it is found that any sum theretofore assessed therefore upon any property 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 his 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 treasury.
Section 11. Abandonment of Proceedings. The council shall have full power and authority to abandon and rescind proceedings for projects hereunder at any time prior to the final consummation of such proceedings; and if liens have been assessed upon any property under this procedure, they shall be canceled, and any payments made thereon shall be refunded to the payer, his assigns, or legal representatives.
Section 12. Curative Provisions. No such assessment shall be invalid by reason of a 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 the entry of a name other 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, 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 or unjust; and the council shall have power and authority to remedy and correct all such matters by suitable action and proceedings.
Section 13. Bonding of Street Improvements and Sewers. The provisions of Title 95, Chapter 21, Oregon Compiled Laws Annotated, which is known as the "Bancroft Bonding Act" together with amendments or future amendments thereof, are hereby adopted and made a part hereof by reference. [ORS 223.205 to 223.300]
Section 14. It is hereby declared that an emergency exists and that it is necessary for the immediate preservation of the peace, health, and safety of the said city that this ordinance shall take effect immediately upon its passage by the said common council and approval by the mayor of the said city of Junction City, and the said common council does hereby adjudge and declare that an emergency exists and that this ordinance shall take effect and become operative and be in full force and effect from and after its passage by the said common council and its approval by the mayor.
Section 15. The words "city engineer" and "engineer," as used in this ordinance, shall mean "superintendent of public works," in the event the city has no city engineer.
[§15 added by Ordinance No. 553, passed September 9, 1969.]
Passed by the council and approved by the mayor October 2, 1950.
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