CHAPTER 31:  PUBLIC IMPROVEMENTS
Section
General Provisions
   31.01   Initiation of proceedings and report from City Engineer
   31.02   Council’s action on City Engineer’s report
   31.03   Resolution and notice of hearing
   31.04   Hearing
   31.05   Call for bids
   31.06   Assessment ordinance
   31.07   Method of assessment and alternative methods of financing
   31.08   Remedies
   31.09   Notice of assessment
   31.10   Lien records and foreclosure proceedings
   31.11   Errors in assessment calculations
   31.12   Deficit assessment
   31.13   Rebates
   31.14   Abandonment of proceedings
   31.15   Curative provisions
   31.16   Reassessment
System Development Charges
   31.30   Purpose and classification; emergency clause
   31.31   Definitions
   31.32   Establishment of program
   31.33   Methodology to establish or modify a reimbursement fee
   31.34   Authorized expenditures
   31.35   Expenditure restrictions
   31.36   Improvement plans
   31.37   Collection of charge
   31.38   Delinquent charges; hearing
   31.39   Installment payments
   31.40   Exemptions
   31.41   Credits
   31.42   Notice
   31.43   Use of revenue
   31.44   Refunds
   31.45   Implementing regulations; amendments
   31.46   Appeals; procedure
   31.47   Prohibited connection
 
   31.99   Penalty
GENERAL PROVISIONS
§ 31.01  INITIATION OF PROCEEDINGS AND REPORT FROM CITY ENGINEER.
   (A)   Whenever the Council shall deem it necessary, upon its own motion or upon the written petition of the owners of property upon which more than 33% of the total amount of the assessment is levied, 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 Council shall, by motion, direct the City Engineer to make a survey and written report for such project and file the same with the City Recorder.
   (B)   Unless the Council shall direct otherwise, such report shall contain the following matters:
      (1)   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;
      (2)   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 Engineer may adopt the plans, specifications, and estimates of such agency;
      (3)   An estimate of the probable cost of the improvement, including any legal, administrative, and engineering costs attributable thereto;
      (4)   An estimate of the unit cost of the improvement to the specially benefitted properties;
      (5)   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 benefitted;
      (6)   The description and assessed value of each lot, parcel of land, or portion thereof, to be specially benefitted by the improvement, with the names of the record owners thereof and, when readily available, the names of the contract purchasers thereof; and
      (7)   A statement of outstanding assessments against property to be assessed.
(Prior Code, § 31.01)  (Ord. 120, passed 2-1-1971)
§ 31.02  COUNCIL’S ACTION ON CITY ENGINEER’S REPORT.
   After the City Engineer’s 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 the Engineer to supply additional or different information for such improvement, or it may abandon the improvement.
(Prior Code, § 31.02)  (Ord. 120, passed 2-1-1971)
§ 31.03  RESOLUTION AND NOTICE OF HEARING.
   (A)   After the Council shall have approved the Engineer’s 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 Recorder to give notice of such improvement by two publications one week apart in a newspaper of general circulation within the city, and by mailing copies of such notice by registered or certified mail to the owners to be assessed for the costs of such improvement.
   (B)   Said notice shall contain the following matters:
      (1)   The report of the City Engineer is on file in the office of the Recorder and is subject to public examination;
      (2)   The Council will hold a public hearing on the proposed improvement on a specified date, which shall not be earlier than 30 days following the first publication of notice pursuant to O.R.S. 223.117, at which objections and remonstrances to such improvement will be heard by the Council; and that if prior to such hearing there shall be presented to the Recorder valid written remonstrances of the owners of property upon which more than 33% of the total amount of the assessment is levied, then the improvement will be abandoned;
      (3)   A description of the property to be specially benefitted by the improvement, the owners of such property, and the Engineer’s estimate of the unit cost of the improvement to the property to be specially benefitted, and the total cost of the improvement to be paid for by special assessments to benefitted properties; and
      (4)   The Council may provide in the improvement resolution that the construction work may be done in whole, or in part by the city, by a contract, or by any other governmental agency, or by any combination thereof.
(Prior Code, § 31.03)  (Ord. 120, passed 2-1-1971)
§ 31.04  HEARING.
   At the time of the public hearing on the proposed improvement, if the written remonstrances shall represent less than the amount of property required to defeat the proposed improvement, then, on the basis of said hearing of written remonstrances and oral objections, if any, the 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 Council may, on its own motion, abandon the improvement.
(Prior Code, § 31.04)  (Ord. 120, passed 2-1-1971)
§ 31.05  CALL FOR BIDS.
   (A)   (1)   The 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 Engineer’s 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.
      (2)   In the event that any part of the work of the improvement is to be done under contract bids, then the Council shall determine the time and manner of advertisement forbids; and the contracts shall be let to the lowest responsible bidder, provided that the Council shall have the right to reject all bids when they are deemed unreasonable or unsatisfactory. 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.
   (B)   If the Council finds, upon opening bids for the work of such improvement, that the lowest responsible bid is substantially in excess of the Engineer’s 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.
(Prior Code, § 31.05)  (Ord. 120, passed 2-1-1971)
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