Chapter 3.15
LOCAL IMPROVEMENT DISTRICTS
Sections:
3.15.040 Initiation, investigation and report.
3.15.050 Action on the report, public hearing and remonstrance.
3.15.060 Proceeding with the improvement, compiling costs and recording of assessments.
3.15.070 Assessments – Payment, financing and collection.
3.15.010 Title.
This chapter shall be known as the Josephine County Local Improvement District Ordinance. [Ord. 84-2 § 1.]
3.15.020 Purpose.
The purpose of these regulations is to provide a procedure by which property owners in a given area may have public facility improvements constructed to serve their property using public financing. [Ord. 84-2 § 2.]
3.15.030 Definitions.
The following are definitions for the purposes of this chapter and for the purposes of any agreement entered into pursuant hereto and for any actions taken as authorized pursuant to this chapter or otherwise:
“Benefit” or “Special Benefit” means the benefit derived from the availability, immediate use, or potential future use of an improvement by an owner or owners, or the owner’s agents, guests, licensees, assigns, donees or vendees, etc., or available for use by proximity to an improvement. Property outside of the proposed district will not be considered specially benefited.
“Board” means the Board of County Commissioners, Josephine County, Oregon.
“County” means Josephine County, Oregon.
“Engineer” means the County Engineer, or other engineer selected by the Board of County Commissioners.
“Improvement District” means an area of land described by a boundary that receives benefit from an improvement.
“Owner” means the fee holder of record of the legal title to the real property in question. Where such real property is being purchased under a recorded land sales contract, then such purchasers shall also be deemed owners.
“Public Improvement” means and includes, but is not limited to, the term “local improvement” as defined in ORS 223.387(1), and further means to construct, reconstruct, alter, or abandon such facilities, as hereinafter defined under subsections (1) through (8) of this definition, within: (1) the right-of-way of a County road; (2) a deeded or dedicated public road, street, or easement; (3) a platted road, street, or easement; or (4) publicly owned or leased lands, with the completed facilities to be maintained by the County, a city or other municipal corporation as follows:
1. Streets or roads, including clearing, grading, drainage structures, surfacing, paving, curb and gutter, sidewalk, and any other appurtenances as required to meet standards or comply with approvals.
2. Storm drainage works, including structures, pipes and open ditches, for collecting, pumping and disposing of storm and surface water.
3. Sewage works, including all facilities necessary for collecting, pumping, treating and disposing of sanitary sewage.
4. Water supply works and service, including all facilities necessary for tapping natural sources of domestic and industrial water, treating and protecting the quality of the water and transmitting it to the point of sale to any person, city, domestic water supply corporation or other public or private agency for domestic, municipal and industrial water supply service.
5. Diking and flood control works, including all facilities necessary for diking and control of water courses.
6. The acquisition, establishment, construction or reconstruction of any off-street motor vehicle parking facility.
7. The construction, reconstruction, installation, and equipping of a park, playground, or recreation facility.
8. Any other local improvement for which an assessment may be made on the property specially benefited, as authorized by the Board of County Commissioners.
The improvement must have a significant public benefit. All surveying, engineering, inspection, legal, administrative, easement and right-of-way acquisition costs, and any other similar improvement-related costs deemed appropriate by the Board shall be considered part of the “improvement.” [Ord. 84-2 § 3.]
3.15.040 Initiation, investigation and report.
A. Proceedings to make public improvements in an unincorporated area may be initiated by:
1. The Board by resolution (which now or hereafter means any expression of intent, however denominated); or
2. By a petition signed by the owners of land in the proposed improvement district requesting the improvement and presented to the Board.
a. Where residential zoned lands represent more than 50 percent of the land area within a proposed improvement district boundary, said petition shall be signed by more than 50 percent of the owners of the land who also represent more than 50 percent of the land area within said boundary.
b. Where commercial and industrial zoned lands represent more than 50 percent of the land area within a proposed improvement district boundary, said petition shall be signed by more than 50 percent of the owners of the land within said boundary or by landowners representing more than 50 percent of the land area within said boundary.
The resolution or petition shall describe a proposed improvement district boundary and the improvements to be made, designating where the improvements shall be made and defining the nature of the improvements desired.
3. Where feasible, inquiries and petitions proposing a local improvement district which an incorporated city can service may be referred to the city for further action.
B. In case of tenants by the entireties, joint tenants or tenants in common, the parcel of land is considered as having one owner, which owner shall be deemed to have signed the petition only if every co-tenant of the parcel has signed.
C. When the resolution is adopted or the petition is filed with the Board, the Board may (if the Board finds sufficient public need apparent in the petition) refer the resolution or petition to the Engineer, who shall investigate the proposed improvements. If, in his judgment, the improvements are feasible, the Engineer shall make an estimate of the probable cost of the improvements and report the same to the Board. The Engineer shall include in his report:
1. A map showing the location of the proposed improvements, the land represented by the petitioners, or if by resolution of the Board, the land intended to be served, the location of any existing facilities to be extended, and a boundary surrounding all the property to be assessed.
2. 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 cost of the improvements to the properties specially benefited, said recommendation to take into consideration all written requests for specific methods of assessment received from property owners proposed to be assessed.
3. The description and assessed value of each lot, parcel of land or portion thereof to be specially benefited by the improvements, with the names of the record owners thereof.
4. Where the improvements petitioned for include more than one type of improvement, as hereinbefore described, a separate statement of the estimated cost of the construction and installation of each type shall be made, and submitted to the Board.
5. A financing plan, considering the requirement of JCC 3.15.050(C), and developed in cooperation with the County Treasurer and Budget Officer which may include consideration of all possible funding options available, including federal, state and County government sources. The plan shall include a recommendation as to the funding method which would result in the most advantageous cost to the County, a strategy for conversion of guarantees posted as a requirement of prior development, and a procedure for the deferral or adjustment of assessments in appropriate situations. [Ord. 84-2 § 4.]
3.15.050 Action on the report, public hearing and remonstrance.
A. Upon the filing of the Engineer’s report as described, the Board shall, within 30 days, review and accept the report, as submitted or modified, or deny the report.
B. If the report is accepted, the Board shall mail, by certified letter, to the owner of each parcel of land (within the proposed improvement district) to be assessed for the proposed improvement, at his latest address of record on file with the County Assessor, a written notice containing the accepted report, the estimated cost of the improvement, the estimated amount of the assessment against his land, and setting the date and time not less than 10 days after accepting the report, for a public hearing on the proposed improvement. The notice shall be mailed not less than five days prior to the date of the hearing and shall require the owner to file with the Board, at the public hearing or within 20 days after the public hearing, his written objection, if any, to the further completion of the improvement.
C. Properties within an improvement district, which do not have direct or immediate availability or use of a public improvement or which are not intended to be served immediately, may have payment of assessments appropriately deferred by the Board. Deferral shall be until the earlier of either (a) or (b) as follows: (a) a date definite in the future to reasonably reflect the estimated nearness in time of future development of the property to the construction of the improvement, or (b) until such time that the property receives or requests service in the future. Upon (a) or (b), the property will pay its proportionate share plus an amount [1] sufficient to fully reimburse County for the interest or other charge for borrowing, or [2] for money advanced by the County directly to the project, the amount of money which the County would have earned by an investment of that amount for the same time.
D. If written objections are received by the Board signed by more than 50 percent of the owners of land within the improvement district proposed to be assessed and such owners also represent more than 50 percent of the total amount of the estimated assessment for the proposed improvement district, the proposed improvement shall, by order of the Board, be declared abandoned and no new petition may be filed and no new resolution may be adopted for the improvement within a period of one year after the date of the order.
E. The Board will hear testimony and record written objections received at the public hearing from owners of property within the proposed improvement district, and will record written objections received for a period within 20 days thereafter.
F. In case of tenants by the entireties, joint tenants or tenants in common, the parcel of land is considered as having one owner, which owner shall be deemed to have signed the objection only if every co-tenant of the parcel has signed.
G. Following the 20-day remonstrance period, the Board shall meet and may, without additional public testimony, make a determination, by order, to proceed with, or abandon, the proposed improvement. [Ord. 84-2 § 5.]
3.15.060 Proceeding with the improvement, compiling costs and recording of assessments.
A. If the number of objections from owners of property within the proposed improvement district is not sufficient to cause abandonment of the improvement as provided in JCC 3.15.050(D), the Board may, by order describing the land to be assessed, direct the improvement to be made by contract, or by County forces in accordance with law.
B. The Board shall record the order for the improvement with the County Clerk. The order shall contain estimated assessments for properties within the adopted improvement district setting forth the date payments are due, including estimated assessments (and the effective dates thereof) having payment deferred. The recorded order is notice that the land described in the order is subject to a lien of an assessment for the cost of the improvement, in an amount to be determined later by the Board. The County Clerk shall endorse upon the order the date of the filing thereof, and shall record and index the same in a lien docket in the office of the County Clerk.
C. If the proposed improvement described in the order of the Board is not commenced within two years after the order for the improvement is recorded, the Board may, by a new order, rescind its former order for the proposed improvement. The Board shall record with the County Clerk the order rescinding the former order for the proposed improvement. Thereupon, the land described shall be free of such lien and the effect of the former order. The County Clerk shall endorse upon the new order the date of the filing thereof, and shall record and index the same in the lien docket.
D. Initial payment for the construction of the improvement and all other improvement-related expenses shall be made from funds established by the Board for the purpose of providing funding for improvement projects, or from any other lawful source.
E. After the improvement has been made, inspected and certified by the Engineer and accepted by the Board, the Engineer shall compile the actual total cost of the improvement, including all surveying, engineering, inspection, legal, administrative, easement and right-of-way acquisition costs. Where the improvement includes more than one type of improvement, the Engineer shall separately compile the total cost of each improvement.
F. All funds expended for the improvement shall be reimbursed or the improvement warrants shall be retired to the extent of the proceeds of an assessment against the land benefited by the improvement, but no assessment shall be made against any operating railroad right-of-way without the consent of the owner thereof. Each landowner shall be assessed a portion of the cost of the improvement corresponding to the relative benefit to his land from the improvement.
G. The Engineer shall ascertain the amount of the assessment against each parcel of land assessed for the improvement and report the same to the Board.
H. The Board, by order, shall thereupon set the time, not less than 10 days after the filing of the report, and place for a hearing of objections to the assessments as fixed in the report of the Engineer.
I. Not less than five days prior to the date of the hearing, the Board shall mail to the owner of each parcel of land proposed to be assessed, at his latest address of record on file with the County Assessor, a written notice of the time and place for the hearing of objections and of the amount of the proposed assessment against his land.
J. After hearing objections, the Board shall, by order, find and determine from the evidence submitted the amount of assessment against each individual parcel of land.
K. The Board shall certify a list and description of the ownership stating the amount of assessment against each individual parcel of land, and shall record the order with the County Clerk, who shall endorse thereon the date of the filing thereof and record and index it in the lien docket.
L. The assessments and interest are a lien upon the land against which the same are assessed from the date of the filing with the County Clerk of the order of the Board for the improvement, as provided in subsection (A) of this section. Each parcel of land is deemed to be benefited by the improvement to the full amount of the assessment levied thereon. No transfer, sale or division of any such parcel, or change in the legal description thereof, in any way divests the lien from the original parcel and the whole thereof. Failing to enter the name of the owner or a mistake in the name of the owner does not in any way render void any assessment and does not in any way affect the lien on the land described. The lien has priority over all other liens and encumbrances whatsoever, except tax liens.
M. The Board shall also show within the certified list of assessments the date payments are due and those properties having payment of assessment deferred. Said order shall include the amounts mentioned in JCC 3.15.050(C). Assessments considered as “deferred” shall be so indicated in the order submitted to the County Clerk for recording. The County Clerk shall endorse upon the order the date of the filing thereof and record and index it in the lien docket.
N. Upon payment of the assessment in full, the County Court shall satisfy the same by a notation in the lien docket, and the parcel of land charged with such assessment is thereby discharged from the lien. [Ord. 84-2 § 6.]
3.15.070 Assessments – Payment, financing and collection.
A. No payment shall be due earlier than 30 days after the certified list of assessments is filed with the County Clerk. The entire amount against each parcel of land shall be due and payable as provided in the certified list of assessments, at the office designated by the governing body of the County, and if not so paid, shall be delinquent from that date and shall bear interest at a rate established by the governing body of the County.
B. The owner of property assessed under this chapter shall have the right to apply for installment payments of the assessment as provided in ORS 223.210, et seq.
C. The provisions of ORS 223.205 to 223.295 (Bancroft Bonding Act), 223.770 relating to the assessment of property benefited by public improvements and to the issuance of bonds and other obligations for the cost of such improvements, ORS 223.785 relating to the issuance of special assessment improvement bonds and the provisions of ORS 287.502 to 287.515 relating to the issuance of improvement warrants by cities, shall apply, though not exclusively, insofar as practicable and applicable in relation to the assessment by counties of the cost of any portion of the cost of improvements against the property benefited in accordance with this chapter and to the issuance of bonds and other obligations by the County. However, notwithstanding the provisions of ORS 223.295, in issuing bonds and other obligations under the provisions of this section, a county may incur indebtedness to an amount not exceeding 0.0375 of the latest true cash valuation of the County, except as it may be limited by ORS 287.054 or other applicable law.
D. Where, in ORS 223.205 to 223.295, 223.770 and 287.502 to 287.510, officials of cities are referred to the corresponding officials of counties where applicable and unless otherwise designated by charter shall perform the required functions. The duties required of the Common Council, Board of Trustees, or other governing body of a city shall be performed by the governing body of the County. The duties required of the Auditor, Clerk or other officer charged with keeping the records of a city shall be performed by the County Clerk. The duties required of the Mayor or other executive head of a city shall be performed by the chairman of the governing body of the County. The duties of the City Treasurer shall be performed by the County Treasurer.
E. One year from the date an assessment for improvements under this chapter is delinquent, or, in case the assessment has been spread in semi-annual installments, one year from the date any semi-annual installment of the assessment is delinquent, the Board shall prepare a delinquent list of all assessments not wholly paid. The list shall contain a description of the land, the name of the person to whom assessed and the amount of the assessment and interest due.
F. The Board shall transmit the list to the Circuit Court, for issuance of a writ of execution thereon, directed to the Board.
G. The Board shall proceed to collect the unpaid assessments named in the list by advertising and selling each parcel of land in the manner provided by law for the sale of real property on execution, but no parcel shall be sold for a sum less than the amount of the unpaid assessment plus interest thereon and the cost of advertising and sale. [Ord. 84-2 § 7.]