72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
HA to HB 3060
 
LC 1939/HB 3060-1
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3060
 
               By COMMITTEE ON GENERAL GOVERNMENT
 
                            April 21
 
  On page 1 of the printed bill, delete lines 4 through 31 and
delete page 2 and insert:
  '  { +  SECTION 1. + } ORS 223.410 is amended to read:
  ' 223.410.  { + (1) + } Whenever all or part of any estimated
or final assessment for local improvements was or is declared
void or set aside for any reason or its enforcement refused by
any court by reason of jurisdictional or other defects in
procedure, whether directly or by virtue of any court decision or
when the governing body is in doubt as to the validity of all or
part of any estimated or final assessment by reason of such
defects in procedure, the governing body may by ordinance or
resolution make a new estimated or final assessment or
reassessment with respect to all or part of the original
estimated or final assessment upon the lots which have been
benefited by all or part of the local improvement to the extent
of their respective and proportionate shares of the full value of
such benefit.
  '  { +  (2) When a governing body makes a new estimated or
final assessment or reassessment under this section, the
governing body may not adopt a different plan of apportioning
benefits or exclude a portion of the district unless the
governing body demonstrates, based on facts available to the
parties at the time of the making of the original assessment,
that adopting a different plan or excluding a portion of the
district is essential to secure an equitable assessment. + }
  '  { +  SECTION 2. + } ORS 223.415 is amended to read:
  ' 223.415. The reassessment shall be based upon the special and
peculiar benefit of the local improvement to the respective lots
at the time of the original making of the local improvement.  The
amount of the reassessment   { - shall not be - }   { + is
not + } limited to the amount of the original estimated or final
assessment. In the case of a reassessment of a final assessment:
  ' (1) The property embraced in the reassessment   { - shall - }
 { + must + } be limited to property embraced in the original
final assessment;
  ' (2) Property on which the original final assessment was paid
in full   { - shall - }   { + may + } not be included in the
reassessment; and
  ' (3) Interest from the date of delinquency of the original
final assessment may be added by the governing body to the
reassessment in cases where the property was included in the
original final assessment, but   { - such - }  interest
 { - shall - }   { + does + } not apply to any portion of the
reassessment that exceeds the amount of the original final
assessment. The reassessment   { - shall - }  { +  must + } be
made in an equitable manner as nearly as may be in accordance
with the law in force at the time the local improvement was made
 { - , but the governing body may adopt a different plan of
apportioning benefits or exclude portions of the district when in
its judgment it is essential to secure an equitable
assessment - } . Credit   { - shall - }  { + must + } be allowed
on the new assessment for all payments made on the original final
assessment.'.
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