Chapter 12.15
LOCAL IMPROVEMENTS
Sections:
12.15.010 Definition of terms.
12.15.020 Declaration of intention – Report from city engineer – Recommendations.
12.15.030 Council consideration of engineer’s report.
12.15.040 Notice of hearing on council-approved engineer’s report.
12.15.060 Manner of doing work – Contracts – Bids – Bonds.
12.15.070 Special hearing when low bid substantially exceeds engineer’s estimate.
12.15.080 Assessment ordinance.
12.15.090 Method of assessment and alternative methods of financing.
12.15.110 Lien recording – Interest – Foreclosure.
12.15.120 Notice of assessment – Bonding.
12.15.130 Errors in assessment calculations.
12.15.160 Abandonment of proceedings.
12.15.170 Curative provisions.
12.15.010 Definition of terms.
“City engineer,” whenever the term is used in this chapter, shall be held to refer to the duly appointed incumbent of the office of city engineer of the city of Pilot Rock, Oregon, if such an office shall exist and be then occupied. If such office shall not exist or shall be vacant, the council shall designate an engineer or firm of engineers in connection with any proposed improvement, in which event the term “city engineer” shall be held to refer to the engineer or firm of engineers so designated.
“Owner,” whenever the term is used in this chapter in relation to the ownership of real property, shall be held to mean the record holder of the legal title to the land in question except that, if there is a purchaser of the land whose interest therein is evidenced by a recorded contract for the sale thereof, or by a written, verified statement by the record holder of the legal title to land duly filed with the recorder of the said city of Pilot Rock, then such purchaser shall be deemed the owner. [Ord. 186 § 1, 1962].
12.15.020 Declaration of intention – Report from city engineer – Recommendations.
Whenever the council shall decide to make street, sewer, sidewalk, or other public improvements to be paid for in whole or in part by special assessments according to benefits, the council shall by motion declare its intention to initiate such improvement and direct the city engineer to make a survey and written report of such project and file the same with the city recorder within the time set forth by the council in the motion. Such report shall contain:
(1) A plat or map showing the general nature, location, and extent of the proposed improvements and the lands to be assessed to pay all or any part of the costs thereof;
(2) Plans, specifications, and estimates of the work to be done;
(3) An estimate of the probable cost of the improvement including legal, administrative, and engineering costs attributable thereto;
(4) 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 costs of the improvement to the property specially benefited, which recommendation shall be in accord with the provisions of PRMC 12.15.090;
(5) An estimate of the unit cost of the improvement to the specially benefited properties derived from applying the recommended assessment method to the estimated cost of the improvement;
(6) A description of the location and assessed value of each lot, tract, or parcel of land, or portion thereof, to be specially benefited by the improvement, with the names of the record owners thereof, and, when readily available, the names of other owners thereof as herein defined;
(7) A statement showing outstanding assessments against property to be assessed;
(8) Any other information required by the council. [Amended during 2011 codification; Ord. 186 § 2, 1962].
12.15.030 Council consideration of engineer’s report.
After the city engineer’s report has been filed with the city recorder, the council shall consider the report. The council may approve the report as submitted or may amend and approve the report as amended. The council may direct the city engineer to furnish the council with a further report or information or, on the basis of the engineer’s report, the council may by motion record its intention to abandon the improvement. [Ord. 186 § 3, 1962].
12.15.040 Notice of hearing on council-approved engineer’s report.
After the council has approved the engineer’s report as submitted or as amended by the council:
(1) It shall direct the city recorder to post in five public places within said city a notice stating:
(a) That the report, or amended report, of the city engineer, as approved by the council, is on file in the city recorder’s office, subject to examination, giving the date, no earlier than 10 days immediately following the posting or mailing of notice, when any objections thereto will be considered by the council at a public hearing;
(b) That written remonstrances may be filed against the proposed improvement at the office of the city recorder not later than the scheduled time for the council hearing of objections to the proposed improvement;
(c) That the improvement will be abandoned for at least six months if there is presented a valid remonstrance of the owners of the property affected by such improvement which will bear two-thirds of the total cost of the improvement according to the method of assessment set forth in the council-approved engineer’s report and which method or basis shall be specified in said notice;
(d) A description of the boundaries of the district to be specially benefited by the improvement, giving the names of the record owners thereof and, when readily available, the names of other owners thereof as defined herein;
(e) The estimated total cost of the improvement which is to be paid for by special assessment of benefited property;
(f) The city engineer’s estimated unit cost of the improvement to the specially benefited property clearly indicating that this is an estimate and not an assessment;
(2) It shall direct the city recorder to send forthwith by registered or certified mail the same notice, at his last-known address, to each record owner and, when readily known, to each owner, as defined herein, of property to be specially benefited by the proposed improvement;
(3) It may, in its discretion, direct the city recorder, upon the basis of the council-approved engineer’s report, to advertise for bids and designate the time at which such bids shall be opened, which time may be the time of the aforesaid hearing; provided, that no such contract shall be let until after any objections to the council-approved engineer’s report are heard by the council; and provided, that in the letting of any such contract the provisions of PRMC 12.15.060 shall be followed by the council. [Ord. 186 § 4, 1962].
12.15.050 Hearing.
At the aforesaid hearing, the council shall hear oral objections to the proposed improvement and shall consider any written remonstrances thereto. Written remonstrances of the owners of the property specially affected by such improvement which will bear two-thirds of the total cost of the improvement according to the method of assessment which shall have been specified by the council for the improvement shall defeat the proposed improvement, in which event no further action to effect the improvement shall be taken for six months. “Owner” shall have the meaning for this purpose that it is given herein. If the council, after hearing objections and considering any remonstrances, finds that there is not a sufficient remonstrance, it may proceed with the improvement. [Ord. 186 § 5, 1962].
12.15.060 Manner of doing work – Contracts – Bids – Bonds.
The council shall, within 12 months from the posting or mailing of said notice, provide by resolution the time and manner of doing the work of such improvement and may provide for the city to do the work, or it may award the work on contract. In the event that the work is done under contract, bids shall be received after advertisement for such time as the council may determine on all such work, the estimated cost of which is more than $500.00. The contract 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 council shall provide for taking security by bond 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 of Pilot Rock. [Ord. 186 § 6, 1962].
12.15.070 Special hearing when low bid substantially exceeds engineer’s estimate.
If the council finds upon opening bids for the work of such improvement that the lowest responsible bid substantially exceeds the engineer’s estimate, it may, in its discretion, hold a special hearing of objections to proceeding with the improvement on the basis of such bid and may direct the city recorder to publish reasonable notice thereof in a newspaper of general circulation, to be designated by the council. [Ord. 186 § 7, 1962].
12.15.080 Assessment ordinance.
When the council after the aforesaid hearing, or hearings, shall determine to proceed with the improvement, it shall pass an ordinance assessing the various lots, parcels, and tracts of property specially benefited thereby with their apportioned share of the cost of the improvement; but the passage of such an assessment ordinance may be delayed until the contract for the work is let or the improvement completed and the total cost thereof determined if the council shall desire to avoid deficit assessments or rebates or for any other reason deemed sufficient by the council. [Ord. 186 § 8, 1962].
12.15.090 Method of assessment and alternative methods of financing.
The council in adopting a method of assessment of the costs of the improvement may:
(1) Use any just and reasonable method of determining the extent of any improvement district consistent with the benefits derived;
(2) Use any method of apportioning the sum to be assessed as is just and reasonable between the properties determined to be specially benefited;
(3) Authorize payment by the city of all or any part of the cost of any such improvement when in the opinion of the council, on account of topographical or physical conditions, unusual or excessive public travel, or other character of the work involved, or when the council otherwise believes the situation warrants it, 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.
Nothing herein contained shall preclude the council from using other available means of financing improvements, including federal or state grants-in-aid, sewer services, 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 according to benefits to cover any part of the costs of the improvement not covered by such means. [Ord. 186 § 9, 1962].
12.15.100 Appeal.
Any person feeling aggrieved by assessment 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 Umatilla County. Such appeal and the requirements and formalities thereof shall be heard, governed and determined and the judgment thereon rendered and enforced so far as is practical in the manner provided for appeals from reassessments contained in ORS 223.462, 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. [Amended during 2011 codification; Ord. 186 § 10, 1962].
12.15.110 Lien recording – Interest – Foreclosure.
After the ordinance levying assessments has been passed, the city recorder shall enter in the docket of city liens a statement of the respective amounts assessed upon each particular lot, tract, or parcel of land with the names of the record owners thereof and, so far as readily known, the names of the owners thereof so defined herein. Upon such entry in the lien docket, the amount so entered shall be a lien and charged upon the respective lots, tracts, and parcels of land against which the same are placed. Such liens shall be first and prior to all other liens or encumbrances thereon whatsoever insofar as the laws of the state of Oregon allow. Interest shall be charged at the rate of six percent per annum until paid on all amounts not paid within 30 days from the date of such entry, or entry corrected pursuant to PRMC 12.15.130. The city may proceed to foreclose or enforce any lien to which it shall be entitled pursuant to the provisions of this chapter at any time after 30 days from the date on which the assessment, or assessment corrected pursuant to PRMC 12.15.130, was entered in the lien docket, in the manner provided for the foreclosure or enforcement of liens by the general laws of the state. [Ord. 186 § 11, 1962].
12.15.120 Notice of assessment – Bonding.
Within 10 days after the ordinance levying assessments has been passed, the city recorder shall send by registered or certified mail, to his last known address, a notice of assessment to the record owner and, so far as readily known, to the owner as herein defined, of each lot, tract, or parcel of land assessed. This notice shall state the time within which such assessments must be paid or bonded and that assessments which are not paid or bonded within the time stated in the notice shall bear interest at six percent per annum and that the property so assessed is subject to foreclosure if such assessments are not paid or bonded within the time stated in the notice. Such record owner or other owner as herein defined may make application to bond such assessment pursuant to the provisions of ORS 223.205 through 223.300, which is known as the “Bancroft Bonding Act,” together with amendments or future amendments thereof. [Ord. 186 § 12, 1962].
12.15.130 Errors in assessment calculations.
Claimed errors in the calculation of assessments shall be called to the attention of the city recorder prior to any payment on account thereof. Said city recorder shall determine whether there is an error in fact. If he shall find that there is an error in fact, he shall recommend to the council an amendment to the assessment ordinance to correct the error. Upon the enactment of such an amendment by the council, the city recorder shall make the necessary correction in the docket of city liens and send by registered or certified mail to the last known address of the owner a corrected notice of the assessment. [Ord. 186 § 13, 1962].
12.15.140 Deficit assessment.
If assessment is made before the total costs of the improvement are known, and it be found that the amount assessed is insufficient to defray the expenses of the improvement, the council may by motion declare such deficit and prepare a proposed deficit assessment and shall direct the city recorder to post notice thereof in five public places in the city and mail notice thereof to each owner to be specially benefited by the improvement. The council upon such hearing shall make a just and equitable deficit assessment by ordinance. Such deficit assessment shall be consolidated with the assessment in the lien docket in accordance with the provisions of PRMC 12.15.110. Thereafter, the provisions of PRMC 12.15.120 and 12.15.130 shall be applicable with regard to such deficit assessment. [Ord. 186 § 14, 1962].
12.15.150 Rebate.
If, upon the completion of the project, it is found that any sum theretofore assessed therefor upon any property is more than sufficient to pay the cost thereof, the council must ascertain and declare the same by ordinance, 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. [Ord. 186 § 15, 1962].
12.15.160 Abandonment of proceedings.
The council shall have full power and authority to abandon and rescind proceedings for improvements 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 payor, his assigns, or legal representatives. [Ord. 186 § 16, 1962].
12.15.170 Curative provisions.
No improvement assessment shall be invalid by reason of a failure to give, in any report, in the proposed assessment, in the assessment ordinance or ordinances, in the lien docket, or elsewhere in the proceedings, the name of the owner of any lot, tract, or parcel of land or part thereof or the name of any person having a lien upon or interest in such property, or by reason of any error, mistake, delay, omission, irregularity, or other act, jurisdictional or otherwise, in any of the proceedings or steps hereinabove specified, unless it appears that the assessment as made, insofar as it affects the person complaining, is unfair and unjust, and the council shall have power and authority to remedy and correct all such matters by suitable action and proceedings. [Ord. 186 § 17, 1962].
12.15.180 Reassessment.
Whenever an assessment, deficit assessment, or reassessment for any improvement which has been or hereafter may be made by the city has been or shall be hereafter set aside, annulled, declared or rendered void, or its enforcement refuted by any court of this state or any federal court having jurisdiction thereof, whether directly or by virtue of any decision of such court, or when the council shall be in doubt as to the validity of such assessment, deficit assessment, or reassessment, the council may by ordinance make a new assessment or reassessment. Such reassessment shall be made in the manner provided by ORS 223.405 through 223.485, as now or hereafter amended. [Ord. 186 § 18, 1962].