72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1939
 
                           A-Engrossed
 
                         House Bill 3060
                  Ordered by the House April 21
            Including House Amendments dated April 21
 
Sponsored by Representative SCOTT
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Prohibits  { + governing body that makes + } new estimated or
final assessment  { + from adopting different plan of
apportioning benefits + } when estimated or final assessment is
declared void or becomes otherwise unenforceable or of doubtful
validity.  { + Provides exception. + } Modifies basis for
reassessment of local improvement charges.
 
                        A BILL FOR AN ACT
Relating to local improvement charges; amending ORS 223.410 and
  223.415.
Be It Enacted by the People of the State of Oregon: - }
  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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