§ 35.01 INITIATING IMPROVEMENTS; ENGINEER’S REPORT.
   (A)   Whenever the City Council shall deem it necessary to make any street, sewer, water, sidewalk, parking, curbing, drain or any other public improvement defined in ORS 223.387 to be paid for in whole or in part by special assessment according to benefits conferred, then the Council shall, by resolution, declare its intention to make said improvement or improvements and direct the City Engineer to make a survey and written report for such improvement and file the same with the City Recorder.
   (B)   Whenever the owners of 60% of the property to be benefitted by any of the improvements defined in division (A) above shall by written petition request the Council to declare, by resolution, its intention to initiate such improvement or improvements, then the Council shall, by resolution, declare its intention to make said improvement or improvements and direct the City Engineer to make a survey and written report for such improvement and file the same with the City Recorder. Any such petition filed by said property owner shall be accompanied by a deposit in an amount determined by the City Engineer to be a reasonable estimate of the cost to prepare and file the survey and written report required by division (A) above in addition to 15% of the cost thereof to cover the city’s general administrative and overhead costs. The deposit shall be an estimate only and upon determination of the actual cost of the expenses described above, any excess of the cost over the amount estimated and deposited will be paid by the petitioners. If the actual cost is less than the amount deposited, the excess deposit shall be refunded, without interest, to the petitioners.
   (C)   Unless the Council shall direct otherwise, the Engineer’s report referred to in divisions (A) and (B) above shall contain the following matters:
      (1)   A map or plot 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)   Preliminary design 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 rely on the design and estimates of such agency or agencies;
      (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 (per square foot, per front foot or whatever unit of cost is to be used) 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 of each lot, parcel of land or portion thereof to be specially benefitted, with the names of the record owners thereof and, when readily available, the names of the contract purchasers thereof, as shown on the books and records of the County Department of Revenue and Taxation. For purposes of describing each lot or parcel of land under the provisions of this section, it shall be sufficient to use the tax account number assigned to said property and used by said Department of Revenue and Taxation or the book and page designation as shown on the books and records of the County Recorder;
      (7)   A statement of outstanding city assessments, if any, against the property to be assessed; and
      (8)   A recommendation regarding the rate of interest to be paid on assessments bonded under the Bancroft Bonding Act, being ORS 223.205 et seq., and ORS Ch. 223.
(Prior Code, § 2.01.010) (Ord. 117, passed 10-19-1981; Ord. 193, passed 9- -1990)