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SPECIAL ASSESSMENTS
For the purpose of this subchapter, a STREET IMPROVEMENT is defined to be any grading, graveling, paving or other surfacing of any street, the construction or reconstruction of sidewalks, the installation of ornamental street lights and the reconstruction or repair of any street improvement.
(Ord. 218, passed 5-19-1941)
Whenever the Common Council shall have proceeded to improve any street or part of street, within the corporate limits of the City of Union, and shall have assessed the cost of the improvement to the property benefitted thereby or liable therefore, it shall be lawful for the owner of the property so assessed for the improvement in the sum of $25 or more, at any time within ten days after notice of the assessment is first published, to file with the City Recorder a written application to pay the assessments in installments. The application shall state that the applicant and property owner does hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings to improve the street for which the assessment is levied and in the apportionment of the cost thereof. The application shall contain a provision that the applicant and property owner agree to pay the assessment in ten annual installments with interest at the same rate on all of the unpaid assessments as that expressed in the bonds issued to pay for the improvements but not exceeding 6%. The application shall also contain a statement by lots, blocks or other convenient description of the property of the applicant assessed for the improvement. No application shall be received and filed by the Recorder if the amount of the assessment, together with any previous unpaid assessments for street improvements assessed against the same property, shall equal or exceed the valuation of the property as shown by the last tax roll of the county in which it is situated. The Council shall select a competent person to inspect the improvement under the direction of the Street Commissioner; provided, that application for the bonding shall be received by the City Recorder in cases where the amount of the assessment, together with unpaid previous assessments for street improvements against the property, shall exceed the valuation of the property as shown by the last tax roll of the county, if the owner shall, before making the application pay in cash into the Treasury of the city, the excess of unpaid assessments over the valuation as shown by the last tax roll.
(Ord. 218, passed 5-19-1941)
The City Recorder shall keep all the applications as are specified in § 94.040 in convenient form for examination. The applications received for each street improvement shall be separate and the City Recorder shall also enter in a book kept for that purpose, under separate headings for each street improvement, the date of filing of each application, the name of the applicant, a description of the property and the amount of the assessment with rate of interest as shown in the application.
(Ord. 218, passed 5-19-1941)
After the expiration of the time for filing application for the payment of assessments for improvement of streets by installments as provided herein, the City Recorder shall enter in a docket kept for that purpose, under separate heads, for each street, by name or number, a description of each lot or parcel of land or other property against which the assessment is made or which bears or is chargeable for the cost of the improvement with the name of the owner and the amount of the unpaid assessment. The docket shall stand thereafter as a lien docket for taxes assessed and levied in favor of the city and for the amounts of the unpaid assessments therein docketed, with interest on the unpaid assessment at the rate of 6% per annum against each lot, parcel of land or other property until the assessment and interest are paid in the manner as provided by law; and all unpaid assessments and interest shall be and remain a lien on each lot, parcel of land or other property, respectively, in favor of the city and liens shall have priority over all other liens and encumbrances whatsoever.
(Ord. 218, passed 5-19-1941)
When the provisions as set out in this subchapter have been complied with, the Council shall provide for the issuance, terms and conditions of improvement bonds, the number of payments of installments and the manner of enforcing the payments; providing for the creation of sinking and interest funds, redemption of bonds, terms and conditions of deficiency bonds, if any, and the manner of foreclosing of liens and assessments herein mentioned, as provided by the laws of the State of Oregon (O.R.S. 223.205 to 223.755), inclusive, as the provisions are now in force or as the same may be hereafter amended.
(Ord. 218, passed 5-19-1941)
MANNER IN WHICH NEW STREETS SHALL BE LAID OUT
All applications for the laying out, opening or altering of any street within the corporate limits shall be by petition in writing, signed by the owner or owners of a majority of the lineal feet along the proposed street. The petition shall state fully the terminating and the starting points of the proposed street and set forth the name or names of all persons owning land fronting on the street. When an alteration is to be made, the petition shall set forth, in addition to the above, the changes that are to be made.
(Ord. 232, passed 5-19-1941)
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