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
 
                         House Bill 3060
 
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 as
introduced.
 
  Prohibits new estimated or final assessment when estimated or
final assessment is declared void or becomes otherwise
unenforceable or of doubtful validity. 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. 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.
  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 - }  { +  anticipated when the ordinance or
resolution describing the boundaries of the district to be
assessed was adopted + }. The amount of the reassessment
 { - shall - }   { + need + } not be limited to the amount of the
original estimated or final assessment  { - . In the case of a
reassessment of a final assessment - }  { + ; however + }:
  (1) The property embraced in the reassessment shall 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 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 - }  { +  when
the ordinance or resolution describing the boundaries of the
district to be assessed was adopted, but the governing body may
not adopt a different plan for apportioning the benefits from the
local improvement among the lots assessed + }. Credit shall be
allowed on the   { - new assessment - }   { + reassessment + }
for all payments made on the original   { - final - }
assessment.
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