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HomeMy WebLinkAboutAnnexation Fees/List & Misc. Info CITY OF ASHLAND ANNEXATION & GROWTH HISTORY Date Ordinance Title/Location Acres Total Number Square Miles 07/24/56 1203 Glendale Subdivision 7.39 4.151 07/24/56 1204 & Part of Guetzloff Subdivision & Terra 28.52 4.196 1227 Linda No.1 08/06/57 1220 Land 150' south of Windsor Street 2.50 4.200 10/21/58 1240 Haines Subdivision 10.29 4.216 04/07/59 1246 Catholic Church Property, Hillview 1.85 4.218 Drive 09/09/59 1260 Beiber Subdivision, Palmer & Windsor 13.54 4.240 01/19/60 1268 Junior High School Property, Walker 28.36 4.284 Avenue 06/06/61 1295 Norwood Subdivision, Park Street 5.10 4.292 08/15/61 1302 Pleasant View Subdivision, Ashland 2.50 4.296 Mine Rd. 10/31/61 1306 Quiet Village Subdivision, No.2, 10.20 4.312 Glendower 10/04/62 1321 Lot 14, Guetzlaff Subdivision 0.10 4.312 01/07/64 1337 Hope Subdivision, Park Street 2.40 4.316 03/03/64 1340 South End of Haines Subdivision 0.06 4.316 OS/26/64 1350 Bellviewarea 300.00 4.784 07/07/64 1355 Timberline Subdivision & Black Oak 2.30 4.788 Terrace 07/07/64 1356 Terra Linda Subdivision, No.2 18.00 4.816 08/04/64 1359 Rehker Property, Hillview Drive 2.20 4.819 11110/64 1367 Clover Lane Area, East of 1-5 10.50 4.836 11/10/64 1368 Quiet Village Subdivision, NO.3 22.00 4.870 Oxford Street 04/06/65 1383 Area West of Clay Street 3.40 4.876 PAGE 1-(c:engineerlannexhis.TbI) 05/18/65 1395 Kensington Subdivision, Crestview 5.30 4.884 Street 06/15/65 1400 Lynn Estates Subdivision, No.2 8.70 4.897 (unrecorded) 09/07/65 1413 City Industrial Park 60.10 4.991 10/19/65 1422 Wycoff & Jensen Property 4.00 4.997 10/19/65 1424 West Side of Franeva Heights 0.38 4.998 Subdivision 05/02/67 1512 Officer Property, Park Street 0.30 4.998 09/03/68 1575 Spencer Property, Clay Street 19.70 5.029 10/05/71 1696 Oregon School of Art Property, North 3.20 5.034 of Hwy 66 04/06/73 1770 Parent Property, North of Hwy 66 1.92 5.037 07/17/73 1784 Valentine Property, North of Hwy 66 5.96 5.047 01/05/74 1805 Meister Property, Tolman Creek Rd 6.75 VOID 08/02/74 1827 Mountain Ranch Subdivision, 5.60 5.055 Greenmeadows Way 02/15/77 1911 Goddard Property, Washington Street 3.33 5.061 07/06/77 1930 Greensprings Subdivision, Oak Knoll 163.90 5.317 Drive 08/23/77 1936 Ashland Hills No.1 51.82 5.397 10/03/78 1989 Ashland Hills No.2 9.52 5.412 11/21/78 1992 Ashland Hills No.3 1.03 5.414 05/01/79 2018 LoHck Property, North of Hwy 66 VOID VOID 08/21/79 2040 George Property, South of Crestview 3.07 5.418 Drive 05/06/80 2078 B.D. Greene Property, Cedar Way 2.70 5.423 12/16/80 2109 YMCA Property, Tolman Creek Rd 6.561 5.433 11/03/81 2157 Airport Property 73.54 5.548 01/07/82 2166 YMCA Property, Tolman Creek Rd 4.021 5.554 04/20/82 2190 Walker - S.O.S.C. 3.84 5.560 03/15/83 2243 Rist Property, Tolman Creek Rd 3.01 5.565 PAGE 2-(c:engineerlannexhis.TbI) 05/03/83 2247 Industrial Park, Jefferson Street 8.10 5.577 01/04/84 2283 Krebs Property, Park Street 2.34 5.581 01/18/84 2286 Greenway, North of Quiet Village 48.32 5.657 02/22/84 2293 Shapiro Property, Tolman Creek Rd 6.474 5.667 03/05/85 2340 Croman Corp, Mistletoe Rd 6.03 5.676 03/05/85 2343 Slusser Property, Bristol Street 0.83 5.678 10/15/85 2367 Fordyce Area & S.O.S.C. Property 76.28 5.797 10/23/86 2403 Benson Property, Crowson Rd 16.71 5.823 11/03/87 2428 CBM Property, Tolman Creek Rd 2.59 5.827 12/01/87 2433 Reeder Property, Peachey Rd 2.58 5.831 02/17/88 2443 Albertson Property, Clay Street 9.65 5.846 09/06/88 2465 Olson Property, Dead Indian Rd 5.46 5.854 11/01/88 2477 Amigos Property, Mistletoe Rd 3.31 5.859 11/01/88 2485 Smith Property, Ashland Mine Rd 1.63 5.862 05/02/89 2502 McFadden Property, Siskiyou 0.51 5.863 Boulevard 06/06/89 2510 Crowman Corp, Mistletoe Rd 1.07 5.865 06/20/89 2516 Bonin/Sanchez Property, Tolman 0.44 5.866 Creek Rd 02/06/90 2556 Adroit Property, Washington Street 1.24 5.867 02/06/90 2559 Airport Annexation 26.19 5.908 04/24/90 2572 Paradise Lane/Peachey Rd Area 14.537 5.931 05/15/90 2576 Tolman Creek Rd annexation, North of 2.38 5.934 Hwy 66 03/05/91 2615 Crowson Rd, adjacent to golf course 2.555 5.938 03/05/91 2619 Secure Storage, Hwy 66 5.923 5.947 09/17/91 2642 Crowson Rd No.2, Crowson Rd 0.29 5.948 08/04/92 Res. 92-44 King Property, Hwy 66 5.502 5.957 03/02/93 2702 Cahill Property, Hwy 66 0.914 5.958 04/20/93 2708 Knights Inn Motel, Hwy 66 0.286 5.9585 PAGE 3-(c:engineerlannexhis.Tbl) CITY OF ASHLAND GROWTH RECORD OF ANNEXATIONS TOTAL YEAR ORD.lI ANNEXATION AREA (Acres) SQ.MI. 1979 2018 Lolich 2.427 5.414 1979 2014-2040 George 3.07 5.418 1980 2078 Cedar Way 2.70 5.423 1980 2109 YMCA 6.561 5.433 1981 2157 Airport 73.54 5.548 1982 2166 YMCA 4.021 5.554 1982 2190 Walker-SOSC 3.84 5.560 1983 2243-2238 Rist 3.01 5.565 '----- 1983 2247 Indust. Park 8.1 5.577 1984 2283 Krebs 2.34 5.581 1984 2286 Greenway 48.32 5.657 1984 2293 Shapiro 6.474 5.667 1985 2340 Croman 6.03 5.676 1985 2343 Slusser 0.83 5.678 1985 2367 Fordyce 76.28 5.797 1986 2403 Benson > 16.71 5.823 1987 2428 CBM 2.59 5.827 1987 2433 Reeder 2.58 5.831 1988 2443 Albertson 9.65 5.846 1988 2465 Olson 5.46 5.854 1988 2485 Smith 1.63 5.857 1988 2477 Amigos 3.31 5.862 ORD. NO. 1321 1337 1340 1350 1355 1356 1359 1367 1368 1383 1395 1400 1413 1422 1424 1512 1575 1696 1770 1784 1805 1827 1911 1930 1936(1) 1989(2) 1992(3) 2018 2040 2078 2109 2157 2166 2190 2238 2247 2283 2286 2293 2340 2343 2367 cJ.103 cJ.y(;lS' ~'I33 :J '/'-1-3 .J 1/& 5 ~ t/ 17 ~ t/fS ~J. ~.'J/t:J ..<.5'/ ? ANNEXATIONS TO CITY OF ASHLAND (after 1961) DATE 10-04-62 01-07-64 03-03-64 05-26-64 07-07-64 07-07-64 08-04-64 11-10-64 11-10-64 04-06-65 05-18-65 06-15-65 09-07-65 10-19-65 10-19-65 05-02-67 09-03-68 10-05-71 04-06-73 07-17-73 01-05-74 08-02-74 02-15-77 07-06-77 08-23-77 10-03-78 11-21-78 05-01-79 08-21-79 05-06-80 12-16-80 11-03-81 01-07-82 04-02-82 01-18-83 05-03-83 01-04-84 01-17-84 02-22-84 03-05-85 03-05-85 10-01-85 /0 - ,;J/- ~ //-.5 -'.77 /;;L - /- g7 ~-/{. -,f"';" f' z ,~S ;/_ 1-8"g> II_I' ~ff .:r -.:('/?"7 ~-6-~7 ~-..zo -5- '7 ( ( ANNEXATION Guetzloff Addition - Mary Jane Avenue Wine Property - Park Street Haines Property - Bellview Avenue Bellview District Timberline Subdivision Terra Linda Subdivision Number 2 Rehker Property Clover land Subdivision Quiet Village No. 3 Cottier Property - Portion Mary Jane Ave. Upper Hillview and Crestview Lynn Estates No. 2 Industrial Park - Hersey Street - SPRR Portion of Clay Street Franeva Subdivision - Tamney Property Park Street - Officer/Norwood Property Clay Street - Dr. Spencer Property Oregon College of Arts Parent Property - Highway 66 Valentine/Nash Property Meister Property Ordeson Property Goddard Property - Conditional Oak Knoll Ashland Hills Inn No. 1 Ashland Hills Inn No.2 Ashland Hills Inn No.3 Lolich Property George - Above Crestview Drive Ashland Mine Road Y.M.C.A. - Tolman Creek Road Airport Y.M.C.A. - Tolman Creek Road Walker Avenue/East Main Street Peterson - Tolman Creek Road Industrial Park - Clover Lane Krebs - Above Tamarack Greenway Property Shapiro - Tolman Creek Road Croman - Mistletoe Road Slusser - Dover Street Fordyce Street at East Main ~,~4f7. {Z8/Yl ~. _ ~n~ ~.4.fl, ~'~I ,tJ~7A" ,4 /,(}$ds all _ C?141 57'. t//se:>/{I/'/ ::J)~ 9=1 74L1/Ar> 7J. ~1)1;9()S /J1/s11t"7t>f" ,ed: Smil1 I1s1t/;fqe!/J1/7ie (fd. j)1t:'/:4M-'? 5/s,Ej3/vc/..--l"5/ S"'. c>F7ZJ)mit-tJ {!~,?J/J1P..J /1/<;1/,..7;Jp ,?d. tiorV;fII;S"~c),ez --;t./4Jh~ {J~ N. ARCHIE C. FRIES Mayor GERALD R. ALLEN CouncilmDn JAMES L. CONKLl N Councilman ROLAND McCANNON Councilman GARY PRICKETT Councilman WILLIAM P. ROBLE Councilman AUDREY H. SODERBERG Councilwoman. BRIAN L. ALMQUIST City Admininstfator C I T Y o F ASHLAND C I T Y H. A"L L , L. ASHLAND, OREGON 97520 telephone (Code 503) 482.3211 August 14, 1973 Mr. & Mrs. Gary L. Axon 1465 Pine crest Terrace Ashland, Oregon 97520 Dear Mr. & Mrs. Axon: This letter, along with the attached statement, is to advise you that on June 19, 1973, by Ordinance 1778, the Council of the City of Ashland lev-. ied an assessment against your property for annexation fees. Prior to the annexation of your property, there were ordinances which directed that assessments be levied for the installation of trunk sanitary sewers and fire and pollee protection, but the mechanics of assessmemt were not firm- ly established, with the result that some were paid and some were not. In order to treat all owners of annexed properties equitably, the Council has now directed me to collect the unpaid annexation fees. I know for me bigler te rday bought that this now raises the question as to why it has taken so long to send you this ststement. Our ownership list showed Karl Wind- as being the owner and he was billed for the annexation fee. Yes- he informed me that you are now the owner of this lot, and that you the lot subject to this annexation fee. Therefore you are hereby notified that the assessment must be paid to the City of Ashland on or be~ore September 15, 1973, or you may sign the en- closed application to pay the assessment in 20 semi-annual installments plus interest at the rate of six per cent per annum, in which case the first payment will be due on or before March 15, 1974. Interest will begin to accrue on September 15, 1973. If you have any questions concerning this matter, please feel free to contact me. 2",L~ JLI~ f_/?4~ ~~ ~~~#v/4~~A t(~, ~j}~ ~~ ~i:;73 JMB/ph Sincerely yours, /H~' tJ~JL VJoseph M. Butler City Recorder APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Description of ~~!7tJ~ property: #-. " . ~~ Owner,' s names: Account Number and Tax Lot Number: /.j--Ct{,-/;?;:(. Street Address :'-t{)a/~.A/c(~ - ~ -& We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: '1- IJ-'1" Property Owner Date: Property Owner APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Description of ~/?t/1/7d ~ . ~roperty: ~;; ~ L,-, Owner.'s names: Account Number and Tax Lot NumQer: /.s-c 1 ~/~3 Street Address: t!;""..-r.Jlf't.. ;/JJ We, the owners of the a ov~-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: q_/} -73 //- cd ,-. A ~ %a&( {fj U~#;/- !roperty Owner .< Date: Property Owner APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Owner.' s names: ~7<1~' ~L 'property: ~Z _ ~ f~ Des~ription of Acroount Number and Tax Lot Number: /OC!./j-/o( ~ Street Address: ~..../'t ,e;.. We, the owners of the a ove-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof, We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. 'l r 13 -7') ad) irJ Irl roperty Owner " Date: /:~ Date: Property Owner APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Owner.' s names: j0 7# ~~ property: ~#-~ . t ~ ~. Description of Account Number and Tax Lot Number: /6C-,4-/d1./. Street Address: -j}~ .q We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: 'l-fy.7J> Date: Property Owner ARCHIE ~. FRIES GERALD R:. ALLEN FRANK O. BRANTLEY JAMES L. CONKLIN ROLAND McCANNON WilLIAM P. ROBLE AUDREY H. SODERBERG BRIAN L. ALMQUIST Mayor Councilman Councilman Councilman Councilman Councilman CouncIlwoman City Administrator C IT Y OF ASHLAND C I T Y HAL L ASHLAND. OREGON 97520 telephone (Code 503) 482-3211 , July 2, 1973 Mr. Karl W. Windbigler p. O. Box 858 Ashland, Oregon Dear Karl: This letter, along with the attached statement, is to advise you that on June 19, 1973, by ordinance 1778, the Council of the City of Ashland levied an assessmen~ against your property for annexation fees. Prior to the annexation of your property, there were ordinances which dir- ected that assessments be levied for the installation of trunk sanitary sewers and fire and police protection, but the mechanics of assessment were not firmly established, with the result that some were paid and some were not. In order to treat all owners of annexed properties equitably, the Council has now directed me to collect the unpaid an- nexation fees. Therefore, you are hereby notified that the assessment must be paid to the City of Ashland on or before August 1, 1973, or you may sign the enclosed application to pay the assessment in 20 semi-annual install- ments plus interest at the rate of six per cent annum, in which case the first payment will be due on or before February 1, 1974. Interest will begin to accrue on August 1, 1973. If you have any questions concLrning th Ls ,,,atter, please feel free to contact me. Sincerely yours, J:d !/!~, City Recorder JMB/ph " . (, " '" z o ;=: 0", <1= z=>", -V>";' lUa= "'z 5< w o o "' ~ I r ~ '----........~.._'"--,~ {74v1t I) 1~ / c~~ ~ 12.170 PROCEDURE IN ACTIONS AT LAW AND SUITS IN F..QUITY the time of such disability shall not be a part of the time limited for the commencement of the action; but the period within which the action shall be brought shail not be extended more than five years by any such disability, nor shall it be extended in any case longer than one year after such disability ceases. 12.170 Disability must exist when right of action accrues. No person shall avail him- self of a disability unless it existed when his right of action accrued. 12.180 Coexisting disabilities must aU be removed. When two or more disabilities coexist at the time the right of action ac- crues, the limitation shall not attach until all are removed. 12.190 Effect of death on limitations. (1) If a person entitled to bring an action dies before the expiration of the time limited for its commencement, an action may be com- menced by his personal representative after the expiration of that time, and within one year after his death. (2) If a person against whom an action may be brought dies before the expiration of the time. limited for its commencement, an action may be commenced against his per- sonal representative after the expiration of that time, and within one year after his death. [Amended by 1969 c.591 1268] 12.200 Suspension by war as to aIlen. When a person is an alien subject or citizen of a country at war with the United States. the time of the continuance of the war shall not be a part of the period limited for the com- mencement of the action. 12.210 Suspension by injunction or pro- hibition of statnte. When the commencement of an action is stayed by injunction or a statutory prohibition, the time of the con- tinuance of the injunction or prohibition shall not be a part of the time limited for the commencement of the action. 12.220 Commencement of new action within one year after dismissal or reversal. Except as otherwise provided in ORS 72.7250, if an action is commenced within the time prescribed therefor and the action is diaTr sed upon the trial thereof, or upon apI",' after the time limited for bringiug an;" action, the plaintiff, 01' if he dies and a: . .;, ca~se of actIOn in his favor survives, t:; heIrs or personal representatives, may CO". mence a new action npon snch cause of at tion witllin one year after the dismissal Or reversal on appeal; however, all defen,,, that would have been available against tl:, action, if bronght within the time limited fOr the bringing of the action, shall be l1Vailab~; against the new action when brought under this section. [Amended by 1961 c.726 ~397] 12.230 Acknowledgment or promise tak. ing case out of statute; effect of payment No acknowledgment or promise shall be suf. ficient evidence of a new or continuing con. tract, whereby to take the case out of the operation of this chapter, unless the same Is contained in some writing, signed by the party to be charged thereby; but this section shall not alter the effect of any payment of principal or interest. 12.240 Effect of payment after obliga- tion becomes due. Whenever any payment of principal or interest is made after it has be. come dne, upon an existing contract, whether it is a bill of exchange, promissory note, bond, or other evidence of indebtedness, the limitation shall commence from the time the last payment was made. , 12.250 Actions by state, county, or pub- lic corporations. Unless otherwise made ap- plicable thereto, the limitations prescribed in this chapter shaH not apply to actioUB bronght in the name of the state, or any county, or other public corporation therein, or for its benefit. 12.260 Action barred, when barred 10 another jurisdiction. W'nen the cause of action has arisen in another state. territory or country, between nonresidents of this state, and by the laws of the state, territory or country where the cause of action arose, an action cannot be maintained thereon by reason of the lapse of time. no action shall be maintained thereon in this state. CERTIFICATE OF LEGISLATIVE COUNSEL Pursuant to ORS 173.170, I. Robert W. Lundy, Legislative Counsel, do hereby certify that I ha.ve compared each section printed in this Chapter with the original section in the enrolled bill, and that the sections in this chapter are correct copies of the enrOlled sections. with the exception of the changes in torm pennitted by ORS 173.160 and other changes specifica.lly authorized by law. Done at Salem. Oregon, Robert W. Lundy on December 1, 1971. Legislative Co",,",,1 96 " ,-., . --"".---- ~; "'I ~ I.'A1' ,I,)'!;) J)ea . :! ~~() - ;lJU API ;.\ c~l Ap' lU~G De it lYrO WI 110M No r' ,\:I!er-s, j rovery 701.06~ e,.::nquen f<t':.nqu-en :,1.779 t',,,...,nue 1 t;\X lie StAte. eo' p.ny ('(Jtltemp< !ts.tl1l. W O1'egt t:,..kn(j~ lrullt' AU~~et rn.&.: A~"..;1lt. !;',' L A~'f'1r,-!le r ..1. t. ~.: C' ::~vr; '....ar. i~D".ten:: i.>,,-';-e.... ;il'.~: (",.:-,yor C(.'.nl:: 30,C : -. ,'l\r: Uo; t" , ~.;.~ rr:.: l'l':'So.'Jr ch~ r~el'l; 8':' !hPf'l'" Of; ~ 821 Indiana Ashland, Oregon 97520 July 24, 1973 Mr. Joseph M. Butler Ci ty Recorder Ashland City Hall Ashland, Oregon Dear Hr. Butler; This is to follow up our last phone conversation. Since, as you say,. "The agreement was that the City was to be soft on lot owners until they sold; then they were to pay the annexation fee," it ,.ould seem that the bill recently sent me was sent to the wrong address. It would seem, then, that I have no responsibility in this matter since I neither oIVe the money nor serve as a collection agency for the City. In other words there would seem to be no point to my running down a ~trs. Beebe, or other previous owners, nor to IllY looking up Chapter 12, Vol r, Article 12.25lil or any other statute.. I would, however, like to continue our delightful personal relationship. Trusting that "this will do it," I remain al".ays, ~~CerelY ~~=surs, Y~Iannan P.S. Again I suggest that the City Council make a good strong presentation to the voters in favor of a necessary tax increase which all would pay. If necesssry, perhaps even cut down sOllie city services dramatically until the voters "get the mes- sage" that Illore tax money is needed. I ao sure that in such a case the majority of voters, including "Yours Truly" of course, would vote "yes"'. This would be an act of pure mercy to con- scientious city officials such as you and prove that taxpayers ~ be reasonsble. 821 Indiana Ashland, Oregon JUly 13, 1973 Mr. Joseph E. Butler City Recorder AShland City Hall Ashland, Oregon Dear Mr. Butler: This is a follovrop to our recent conversation concern- ing the annexation fee that the City of AShland is now seeking to assess against our house and lot at the above address. As you already know the title insurance company has carefully avoided any responsIbility in the matter of city assess- ments. However, I have just learned that even attorneys doubt that the city has the right to collect the proposed annexation fee under present circumstances. Apparently the question is whether or not the statute of limitations applies in this case. As you said, this lot was annexed to the city in the 1950's. The house was built in 1961 and we bought it in 1964. Presumably not only we ourselves but also the first owner bought the lot \'lith the understanding that there ,rere no liens or assessments of any kind whatsoever. The annexation fee is an after-thought and the legal question seems to be from what date the statute of limitations would apply. ~Until that point is definitely ,determined I will not acknowledge or pay either principal or interest on the attempoea assessment. On purely ethical grounds it seems very doubtful to me that the City of Ashland has a right to levy an annexation fee over fifteen years after the fact on people who bought in good faith know- ing that their property was within the city limits and with the assurance that the lot was free of liens or assessments. This is the second time I find myself a victim of discrimina- tory taxation by the City of Ashland. First, as a home-owner who heats with electricity I help provide the City with a plush profit frnm my utility bill which goes into the general fund. Thus I contri- bute to the payment of other people's taxes without even the right to deduct .~ portion of their taxes from my income tax. Now as a member of another minority group extra assessments are expected of me to help the city avoid a general tax increase which could be applied to every- body equitably. If the cit' is short of money why can't it make an honest presentation 0 e u c as a woe askin for a general ~ax lncrease I waul pro ably vote for any legitimate tax whic applied to everyone. I sincerely appreciate your conscientious efforts as a city official and also your courtesy to me personally~ but you really can't blame me for feeling a bit abused. , CITY ntiPROVEItiENTS AND WORKS GENERALLY ~ 223.220 " I \ , (a) The whole of the assessment in ill- stalments; or (b) If part of the assessment has been paid, the unpaid balance of the assessment in instalments. (2) ~.k.the oJ?1\,o~n of tpe i..ij:;?,.~ril~!k~p- glicat~n~.T~~!~:ilJ&r..J,9;1fitvs ~ter FINANCING IMPROVEMENTS IN CITIES notice ot as!,es~men \~,.Jl!11.t pl!h!!~~d. (BANCROFT BONDmG ACT) tA'tdM'1!~Y'Tg,i~:; ~2; I957 e,397 ~1; 1961 e.239 ~1] , 223.205 Definitions; scope and applica- 223.212 Right of educational, religious, tion; validation of bond issues by cities of fraternal or charitable organizations and 100,000 or more. (1) "Bancroft Bonding public corporations to bond the assessment. Act" as used in this chapter means ORS luiy educational, religious, fraternal or char- 223.205 to 223.300. itable organization or public corporation (2) "Improvement" as used in the Ban- owning property assessed for its p;opor- croft Bonding Act has the meaning given tionate share of the cost of constructmg an the tei'm "local improvement" by ORS improvement as defined in subsection (2) 223.387, of ORS 223.205 shall have the same right (3) The provisions of the Bancroft to bond the assessment therefor and having Bonding Act are not mandatory. Any in- bonded the assessment shall be subject to corporated city jr,fi,'ngchai'cet"'l>rovisions the same duties and liabilities as a natural for bonding improvement assessments and person bonding an assessment. However, the selling bonds may follow those provisions limitations on the amount of an assessment or the provisions of the Bancroft Bonding that may be bonded do not apply to an ed- Act, or the provisions of any other statute. ucational, religious, fraternal or charitable ( 4) All bonds issued prior to March organization or public corporation; and such 20, 1939, in accordance with the charter organizations and corporations shall be per- provisions of any city which, as of March mitted to bond to the full extent of such as- 20, 1939, has or after that date attains a sessments. population of 100,000 or more inhabitants, [1957 e.95 ~2] according to the published federal census, 223.215 Contents of application to pay and all action taken and proceedings adopted In Instalments. The written application shall by a city prior to that date for issuing bonds in state that the applicant and property own- accordance with charter provisions are rati- er does thereby waive all irregularities or fied, approved and confirmed. defects, jurisdictional or otherwise, in the ~Amended by 1951 e.103 ~1; 1959 c.653 ~1; 1965 c.282 proceedings to cause said improvement to 2] be constructed or made for which the assess- 223.210 Right of property owners to ment is levied and in the apportionment of apply for Instalment payment of assessment.. the cost thereof. The application shall pro- (1) Whenever in any incorporated city the vide that the applicant and property owner common council, board of trustees, or other agrees to pay the assessment in equal semian- competent authority of such city has pro- nual instalments over a period fot t~ exce~9.. ceeded to cause any improvement to be con- 20 years as the common counci or ot er ~_ structed or made within the corporate limits -J'Em!]~G.Q.gLQUJ;'i.cib1'--m~v nr.> ~th thereof, and has assessed the cos~ of such fl!.t~es~t.5.~~~~m or; aIl~he improvement to the property benefited ther~- assessmeii1SW!iJiiliJ.w;;re~ot he.eDJlmd,. 'l'he by or liable thercfor, acc~rding to the pr~vI- apPlication'Shah also contain a statement, sions of the charter or ordmances of such City, by lots or blocks, or other convenient de- the o:wner of any,Property so assessed for scription, of the property of the applicant such rmprovement m the sum of $25 or ~ore, assessed for such improvement. at any time within 10 days after notic~ .of [Amended by 1951 c,103 ~3; 1959 c,653 ~2; 1969 c.531 such assessment is first published, may file ~1; 1971 c,100 ~1] 'with the auditor, clerk or other city officer, 'who by the provisions of the charter, keeps the ~ecords or'such city, a written applica- tion to pay: 228.155 228.160 228.165 228.170 229.175 (Repealed by 1971 c.141 ~38] [Repealed by 1971 e.741 ~88] [Repealed by 1971 e,741 ~88] [Repealed by 1971 c.741 ~38] [Repealed by 1971 e'741 ~88] 223.220 Applications; when accepted and refused; method of property valuation. No application as provided by ORS 223.215 349 ~ 223.225 CITIES ,/ieV",,- <::"-. shall be received and filed if the amount reo maining unpaid upon such assessment to. gether with the unpaid balance of any pre- vious assessments for improvements against the same property equals or exceeds double the assessed v~~tion of t~ shown by the last county tax roll. In any county where it appears from the latest published report of the Department of Reve- nue that the property in the county, as as- sessed by the county assessor, and equalized by the county board of equalization, has been assessed at less than 60 percent of its full cash value, the limitation in this section as to individual parcels of property shall be raised by such proportion which, if applied to the county, would place such county on a 60 percent ratio. [Amended by 1951 c.103 A4; 1951 c.391 A2] 223.225 Record of application to be ltept. The auditor, clerk or other officer charged with keeping the records of the city, shall: (1) Keep all applications filed under ORS 223.210 in convenient form for exam- ination. The applications received for each improvement shall be separate. (2) Enter in a book kept for that pur- pose, under separate heads for each im- provement, the date of filing of each ap- plication, the name of the applicant, a de- scription of the property and the amount of the assessment, as shown in the application. [Amended by 1951 c.103 AS] interest are a lien on each lot or parcel of land orothefP:fopetty~peCtivefy, in"favor of the city, and such liens shall have priority OVer all other liens and encumbrances what- soever. [Amended by 1951 c.103 ~6; 1959 c.653 ~3; 1969 c.531 A2] f ../ 223.235 Issuance of bonds; limitations. When in any city a bond lien docket is made up, as provided in ORS 223.230, as to as- sessments for any improvement, the city shall by ordinance authorize the issue of its bonds in convenient denominations, not ex- ceeding $5,000 each, and in all equal to the total amount of unpaid asS"essments for im- provements, and for which applications to pay under the Bancroft Bonding Act have been filed, as shown by the bond lien docket; Bonds issued for any off-strl'ct motor ve- l1icle narking- facm~ wIiere the assessments levied run for more than 10 years but not more than 20 years, shall be issued ~_ ~~and shall not inc1hae asseS"Sment _ Ie or other improvements. [Amended by 1951 c.103 ~1; 1959 c.653 ~4; 1961 c.196 ~1] 223.240 Form of bonds; maturity dates; paym.. ent of principal and interest.~~:~ ~by their terms, ~ thp.~en<tr,jJ. _ J;iJll!'LQf,..J;he...J:i9.r,J"Jlu.i!;1g...sn"~ be in Seriii'j-tOlm with definite maturity dates to be determined by the governing body of the city and shall mature in annual or semi- annual instalments. Should the city govern- ing body so elect, such portion of the partic- ular issue of bonds as matures after one year from issue date may be made subject to redemption in numerical order on such in. terest dates on or after the first year from issue date, as the city governing body shall designate. The first instalment of principal of each'issue of such bonds shall become due and payable not later than two years, from the date of issue, and the last instalment thereof not later than 20 years, from the date of the first instalment payment on the prin- cipal amount. [Amended by 1959 c.653 ~5; 1971 c.100 A2] ,...-"" i j' . .1 \,.../ 223.230 Bond lien docket; interest rate; priority. After expiration of the time for filing application under ORS 223.210, the auditor, clerk or other officer, shall enter in a docket kept for that purpose, under sep- arate heads for each street, sewer, water main, or off-street motor vehicle parking facility, by name or number, a description of each lot or parcel of land or other property against which the assessment is made, or which bears or is chargeable for the cost of the improvement, with the name of the owner and the amount of the unpaid assess- ment. This docket shaII stand thereafter as a lien docket as for taxes assessed and levied 223.245 Instalments to pennit annual in favor of the city, and for the amounts of tax levy for retirement; fractional bonds; such unpaid assessments therein docketed, inclusion in city budget. The instal,w.!!PYLof with interest on the unpaid assessments at ~rinc!J2.al of !.~~~~~he~g,l!~ s~F the rate of seven percent per annum, against ~ltt'"J.!Y..lJ.J;!1!"1-1~E'~nJ"""2Y1.!!l,,,C&mwn- each lot or parcel of land or other property, Wl1!lll'!:,t..insta!men.!:-q of_p-I!lM:II1a~~ until the assessments and interest are paid _-!'E.Lf''1JR~P2s1!iall~...!'~llU.s- in the manner provid~d in the Bancroft 1/,!;l'stic,!bJ.e; !~l sums ~~ll permit of Bonding Act. All unpaId assessments and ~!kqj;."Jrtia:ll:Y. llJ1lXR.1;ro ann~levY....t.or -- --..---- 350 '.~;) "-~"_. " , , L CITY IMPROVEMENTS AND WORKS GENERALLY ~ 223.270 c th.. r..H~"~~nt oUh~pti.!1~iIlli~LI1-~ t~~ Jl~nJ..2ftlie in~r~~Wll,..t ho ~ ~~n~sr:JiE.o;;mLdUl>' Fractional liilnds in denominations of less than $500 comprising part of an issue shall be num- bered with the number 1 and shall be in- cluded in the amount of the first instal- ment of maturing bonds. The interest on the bonds and the amounts of such instal- ments of maturing bonds shall be included in the annual budget of the city, and there shall be deducted in the budget such an amount as the city governing body conser- vatively estimates Vim be received from pay- ments of the principal of and interest on in- stalments of assessments appertaining to the particular bond issue, and from receipts from sales and rentals of property acquired by the city pursuant to such assessments, during the year for which the levy is made. "Improvement Bond," with the name of the city issuing it. [Amended by 1957 c.103 ~8; 1967 c.239 ~2) 223.260 Sale of bonds; disposition of proceeds from bond sales. The bonds shall be advertised for sale and sold for the ~- 'esrfftrcro1l'ta1ll"ali1e,' but for not less than par and accrued interest. The proceeds thereof shall be paid by the purchaser to the city treasurer and the par value thereof credited to the respective improvement fund for which the bonds are issued. The accrued interest and premium accruing from the sale of the bonds shall be credited to the general fund of the city, the fund from which in- terest is paid on improvement warrants, or to the improvement bond sinking fund, as the common council or other competent au- thority shall direct. [Amended by 1957 c.103 ~9) 223.250 Interest rate; notice of bond 223.265 Payment of instalments; due eall. The bonds shall be payable in lawful dates. There shall be due and payable semi- money of the United States, and bear inter- annually for not to exceed 20 years, as the est payable semiannually at a rate not to common council or other governing body of exceed seven percent per annum, the interest the city may provide, to the city treasurer obligations to be evidenced by coupons at- by the owner of each lot or parcel of land as- tached to such bonds. Notice stating that sessed for any improvement, whose applica- certain bonds are to be taken up and can- tion to pay the cost of such improvement by celed upon optional payment dates, and that instalments has been filed as provided in ORS the interest thereon shall cease upon the 223.210 to 223.220, such percentage of such interest payment date upon which the bonds cost assessed against the property of such are called, shall be published in a newspaper owner, as may be provided by the common printed and published, and of general circu- council or other governing body of the city, lation in the county where the bonds are as appears by the bond lien docket described issued, at least 15 days prior to said date. in ORS 223.230, with the amount of one-half After that date interest upon the bonds of one year's interest at not to exceed seven designated in the notice shall cease. percent per annum on unpaid assessments or [Amended by 1971 c.183 ~11 instalments. The first payment shall be due 223.255 Execution, authentication and and payable at the expiration of six months b . from the date of assessment in the bond registration of bonds. The bonds, efore IS- lien docket, and subsequent payments at the suance shall be executed with either the autogr~ph or facsimile signature of the expiration of each semiannual period there- mayor or other execu~ive head .of the c.ity, ~l~~~ded by 1957 c.103 ~10; 1959 c.653 ~6; 1969 c.531 countersigned by the fmance offIcer, audItor ~3; 1971 c.100 ~3) or other recording officer of the city and au- thenticated by the seal of the city attached, 223.270 Procedure for collection on de- either manually or printed, thereto; and fault. Should the owner neglect or refuse to shall be registered consecutively, by number pay instalments under ORS 223.265 as they and denomination of each, in a book to be become due and payable for a period of one year, then the council or other legislative kept by the auditor or recording officer of body of the city may, by reason of such such city, to be known and designated as the neglect or refusal to pay the instalments, "Improvement Bond Register." Each of the and while the neglect and refusal to pay bonds shall have distinctly and plaiuly in- continues, pass a resolution giving the name scribed or printed on the face thereof the of the owner then in default in the payment registered number of the bond and the words of the sums due, either principal or interest, 351 c ( '. ," ~ 223.275 CITIES 223.220 Payments entered on lien doc- l,et; lien discharged. Entries of payments of instalments, interest and costs, made under the Bancroft Bonding Act, shall be made in the lien docket as they are received, with the date thereof, and such payments so made 22 h to rJ1 I and entered shall discharge the lien to the , 3.2d80di.!~~~'!E:~t.. J!ifBf"J1: fte-" - amount of such payment and from the date t'l'-Ca.fllL 1i41il~r?;:e en. At any une a l' thereof. issuance of thEl'JiOiidB: any owner at the time being of any property against which 223.295 LimIt on city indebtedness. the assessment is made and lien docketed (1) A city may incur indebtedness in the may pay into the city treasury the whole form of bonds and other obligations by vir. amount of assessment for which such lien tue of the Bancroft Bonding Act to an is docketed, together with the full amount of amount which, exclusive of indebtedness for interest and costs accrued thereon to such municipal utilities but inclusive of all other date of payment. Upon producing to the indebtedness of the city, shall not exceed .09 auditor or other city recording officer the of the latest true cash valuation of the city. receipt of the city treasurer, the auditor or Regardless of the above limitation, a city other recording officer shall enter in the lien may issue bonds under said Act in an amount docket opposite the entry of the lien the not exceeding .03 of the latest true cash valu- fact and date of such payment and that the ation of the city. lien is discharged, (2) "Municipal utilities," as used in sub- 223.285 Separate funds l{Cpt for moneYIl section (1) of this section, includes city-op- received; Investments by city authorized; erated gas, water, lighting and sewage dis. sinking fund.' Any city treasurer receiving posal plants, and sanitary or storm sewers, any funds accruing by virtue of the Bancroft railroads, hospitals, infirmaries, parking fa- Bonding Act, shall keep such funds and the cilities and other like municipal projects, account thereof separate and apart from that for a period of one year next preceding other city funds. The amount of such funds the date of issuance of the improvement 352 together with a description of the property upon which the sums are owning and declar- ing the whole sum, both principal and inter- est, due and payable at once. It may then proceed at once to collect all unpaid in- stalments and to enforce collection thereof, with all penalties added thereto, in the same manner in which delinquent street and sew. cr assessments are collected, pursuant to the terms of the city charter. 223.275 Notice to pay; receipts and en- tries on lien docket. The auditor 01' other recording officer charged with keeping the city records shall, when Instalments and in- terest on any assessment in the bond lien docket are due, make the proper extensions of such instalments and interest on the bond lien docket and turn the same over to the city treasurer. The treasurer then shall noti- fy the property owner that the instalments are due and payable, but a failure of any owner to receive such notice shall not pre. vent collection of the instalment as pro- vided in ORS 223.270. The city treasurer shall issue a receipt to the person paying the instalments and interest, and shall file dup- licates of the receipts with the auditor or other recording officer. When the treasurer returns the bond lien docket, the auditor 01' other recording officer shall make the propel' entries on the bond lien docket show- ing the amount of each payment and the date thereof. " paid on account of instalments, and interest on unpaid Instalments, shall be placed to the credit of funds to be known and desig- nated as "improvement bond sinking fund" and "improvement bond interest fund," re- spectively. The amount placed to the credit of the improvement bond sinking fund shall from time to time, undcr the direction of the common council or other competent author- ity, be deposited in such bank as will pay the highest rate of interest, or be invested in 01' used for the purchase of improvement bonds of the city at pal'. In the purchase of im. provement bonds, the accrued interest there- on shall be paid out of the improvement bond interest fund, and all interest received by the treasurer on account of coupons due shall be placed to the credit of the improvement bond interest fund. Interest due on improve- ment bonds shall be paid out of the improve- ment bond interest fund. All bonds purchas- ed by a city shall be held by the city treas- urer as a sinking fund, and shall be disposed of by direction of the common council or other competent authority, when required for the redemption of bonds previously is- sued, as they become due and payable. " '~, j /-...... , ';\ ),1 '-. I' ....~,.,.~ " \) '--...,. , CITY IMPROVEMENTS AND WORKS GENERALLY ~ 223.387 ( c-: bonds or warrants, had been wholly self. supporting from fees and service charges, without the necessity of a tax levy therefor. For the purposes of this section an unquali- fied certificate from the Division of Audits of the office of the Secretary of State that a municipal utility has been thus self-sup- porting for the prescribed period shall be proof thereof. (3) The indebtedness incurred by virtue of the Bancroft Bonding Act shall be deter. mined by deducting from the sum total of outstanding improvement bonds and im- proveme.nt warrants issued pursuant to the provisions of that Act Qr of any city charter, and of any outstanding bonds issued to fund those warranta and of outstanding bonds Issued to refund any of said bonds, the ag- gregate of sinking funds or other funds ap- plicable to the payment thereof, less the aggregate of overdrafts, if any, in the im- provement bond interest fund. [Amended by 1955 ..28 ~1; 1955 ..686 ~1; 1959..653 f7; 1963 ..545 ~2; 1965 ..282 ~3] 223.800 Redemption procedure. At any tinle after the bonds which may be issued by virtue of the Bancroft Bonding Act be- come payable, the city may redeem such bonds. It shall redeem the same consecutively by number of the bonds, commencing with number one of the bonds. It shall give notice of the readiness of the city to redeem by publication in some newspaper published and having a general circulation among its sub- scribers in the city once each week for three successive weeks, giving therein the number of bonds which will be redeemed, and the tinle at which redemption will be made. After the time so fixed for redemption, no Interest shall accrue or become payable on the bonds so notified for redemption. 223.305 [Repealed by 1971 ..325 ~1] 223.310 [Amended by 1957 ..397 ~3; repealed by 1971 ..325 ~1] 223.312 [1957 ..95 ~4; repealed by 1971 ..325 ~1] 228.315 [Repealed by 1971 ..325 ~1] 228.820 [Amended by 1957 ..397 ~4; repealed by 1971 ..325 ~1) 228.325 [Repealed by 1971 ..325 ~1] 223.880 [Amended by 1969 ..531 ~4; repealed by 1971 ..325 ~1] 228.885 [Repealed by 1971 ..325 *1] 228.840 [Repealed by 1971 ..325 *1] 228.845 [Repealed by 1971 ..325 ~1] 228.350 [Rep.al.d by 1971 ..325 ~1] ( , , 228.855 [Amended by 1969 c.531 *5; repealed by 1971 c.325 ~1] 228.860 [Repealed by 1971 c.325 *1] 228.865 [Repealed by 1971 c.325 *1] 228.870 [Repealed by 1971 c.325 *1] 228.875 [Repealed by Ur71 c.325 ~1] 228.880 [Repealed by 1971 c.325 *1] 228.885 [Repealed by 1971 c.325 PI ASSESSMENTS FOR I.OOAL IMPROVF.MENTS 223.387 Definitions for ORS 223.387 to 223.399; description of real property; effect of error in name of owner. As used in ORS 223.387 to 223.399, unless the content requires otherwise: (1) "Local inlprovement" means: (a) The grading, graveling, paving or other surfacing of any street, or opening, laying out, widening, extending, altering, changing the grade of or constructing any street. (b) The construction or reconstruction of~lillss. (c) The installation of llJ'namental street li hts ~ The installation of underground wir- ing or related equipment. (e) The reconstruction or repair of any street improvement mentioned in this sub- section. (f) The construction, reconstruction or repair of any sanitary or storm seWer or water main. (g) The acquisition, establishment, con. struction or reconstruction of any off.street motor vehicle parking facility. (h) The construction, reconstruction or repair of any flood control dike or dam. (1) The llWI"tM10t4l.n, reconstruction, in- stallation and equipping..Df " n"rlr.. play. ground or neighborhood recreation facility. (j) Anv othpr IO~AI imprnvpmpnt _for which an aSSf.~S:VHmt m~y ht:> n'l!:arh. on-the prq.po,..+y ~ecia.llv henf~fit(>d. (2) "Council" means city council or other controlling body of a city. (3) "Recorder" means the auditor, re- corder, clerk or other person or officer of a city serving as clerk of the city or perform- ing the clerical work of the city. (4) "Owner" means the owner of the title to real property or the contract pur- chaser of real property, of record as shown on the last available complete assessment roll in the office of the county assessor. 853 ~ 223.389 CITIES (5) "Lot" means lot, block or parcel of local improvement upon the lots which have land. been benefited by all or part of the improve- (6) (a) Real property may be described ment, to the extent that the city charter by giving the subdivision according to the does not prescribe the method of procedure. United States survey when coincident with the The ordinance or resolution prescribing the boundaries thereof, or by lots, blocks and same shall provide for adoption or enact- addition names, or by giving the boundaries ment of an ordinance or resolution designat- thereof by metes and bounds, or by reference ing the improvement as to which an assess- to the book and page of any public record of ment is contemplated, describing the boun- the county where the description may be daries of the district to be assessed. Pro- found, or by designation of tax lot number vision shall be made for at least 10 days' referring to a record kept by the assessor of notice to owners of property within the pro- descriptions of real properties of the county, posed district in which the local improve- which record shall constitute a public record, ment is contemplated, which notice may be or in such other manner as to cause the de- made by posting, by newspaper publication scription to be capable of being made certain. or by mail, or by any combination of such Initial letters, abbreviations, figures, frac- methods. Such notice shall specify the time tiOIlS and exponents, to designate the town- and place where the council will hear and ship, range, section or part of a section, or consider objections or remonstrances to the the number of any lot or block or part thereof, proposed improvement by any parties ag- or any distance, course, bearing or direction, grieved thereby. If the council determines may be employed in any such description of that the local improvement shall be made, real property. when the estimated cost thereof is ascer- (b) If the owner of any land is unknown tained on the basis of the contract award or such land may be assessed to "unknown city departmental cost, or after the work is owner," or "unknown owners." If the prop- done and the cost thereof has been actually erty is correctly described, no assessment determined, the council shall determine shall be invalidated by a mistake in the name whether the property benefited shall bear all of the owner of the real property assessed or a portion of the cost. The recorder or or by the omission of the name of the owner other person designated by the council shall or the entry of a name other than that of the prepare the proposed assessment to the re- true owner. Where the name of the true spective lots within the assessment district owner, or the owner of record, of any parcel and file it in the appropriate city office. No- of real property is given, the assessment shall tice of such proposed assessment shall be not be held invalid on account of any error or mailed or personally delivered to the owner irregularity in the description if the descrip- of ~ach lot proposed to be assessed, which tion would be sufficient in a deed of convey- notice shall state the amounts of assess- ance from the owner, or is such that, in a suit ment proposed on that property and shall fix to enforce a contract to convey, employing a date by which time objections shall be such description a court of equity would hold filed with the recorder. Any such objection it to be good and sufficient. shall state the grounds thereof. The council (c) Any description of real Ifroperty- shall consider such objectionS and may which conforms substantially to the require- adopt, correct, modify or revise the proposed ments of this section shall be a sufficient de- assessments and shall determine the amount scription in all proceedings of assessment for of assessment to be charged against each lot a special improvement district, foreclosure within the district, according to the special and sale of delinquent assessments, and in and peculiar benefits accruing thereto from any other proceeding related to or connected the improvement, and shall by ordinance with levying, collecting and enforcing special spread the assessments. assessments for special benefits to such prop- [1959 c.219 ~2l rJi&i c.219 ~1; 1965 c.282 ~4; 1971 0.198 ~1) 223.391 Notice of proposed assessment to owner of affected lot. Whenever a notice 223.389 Procedure In ma1dng .local as- sessments for local Improvements. The is required to be sent to the owner of a lot council may prescribe by ordinance or reso- affected by a proposed assessment, such lution the procedure to be followed in mak- notice shall be addressed to the owner or ing local assessments for benefits from a his agent. If the address of the owner or of 354 ~~) r";'l / ~) " , I I "' " CITY II'dPROVEl'ilENTS AND WORKS GENERALLY ~ 223.415 ( the .owner's agent is unknown to the record- er, he shall mail the notice addressed to the O\Vl1er or his agent at the city where such property is located. Any mistake, error, omission or failure with respect to such mail- ing shall not be jurisdictional or invalidate the assessment proceedings, but there shall be no foreclosure or legal action to collect until notice has been given by personal ser- vice upon the property owner, or, if personal service cannot be had, then by publication once a week for two successive weeks in a newspaper of general circulation in the city where sllch property is located. [1959 0.219 ~3] 223.893 Assessments become liens. As- sessments shall become a lien upon the prop- erty assessed from and after the passage of the ordinance spreading the same dnd entry in appropriate city lien record. The city may enforce collection of such assess- ments as provided "by ORS 223.505 to 223.650. [1959 0.219 ~4) 228.395 Deficit as!loosmeJ1ts or refunds when Initial assessment based on estimated east. If the initial assessment has been made on the basis of estinlated cost, and upon the completion of the work the cost is found to be greater than the estimated cost, the coun- cil may make a deficit assessment for the additional cost. Proposed assessments upon the respective lots within the assessment district for the proportionate share of the deficit shall be made; and notices shall be sent; opportunity for objections shall be given; such objections shall be considered; and determination of the assessment against each particular lot, block or parcel of land shall be made as in the case of the initial assessment; and the deficit assessment spread by ordinance. If assessments have been made on the basis of estimated cost, and upon completion the cost is found to be less than the estimated cost, provision shall be made for refund of the excess or overplus. [1959 0.219 ~5) 113.397 [1959 0.219 ~~6. 7; repealed by 1963 0.507 ~1] C~. inlprovements permitted by law and shall not authorize such an improvement prohib- ited by percentage of remonstrance or other- wise. [1959 0.219 ~8; 1965 c.133 ~1] 223.401 Review of assessment. Not. withstanding any of the, provisions of ORS 223.387 to 223.399, owners of any property against which an assessment for local im- provements has been imposed may seek a review thereof under the provisions of ORS 34.010 to 34.100. [1965 c.133 ~2] REASSESSI\IENT 223.405 Definitions for ORS 223.405 to 223.485. As used in ORS 223.405 to 223.485, unless the context requires otherwise; (1) "Local inlprovements" has the mean- ing given that term by ORS 223.387. (2) "Council" means city council or other controlling body of a city. (3) "Recorder" means the auditor, clerk or other person or officer of a city serving as clerk of the city or performing the cleri- cal work of the city. (4) "Lots" means lots, blocks or parcels of land. (5) "Objection" includes remonstrances. [Amended by 1965 0.282 ~5] 223.410 Authority "of city to make re- assessment. Whenever all or part of any as- sessment for improvements was or is de- clared 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 council is in doubt as to the validity of all or part of any such assessment by reason of such defects in procedure, the council may by ordinance make a new assessment or reassessment with respect to all or part of the original as- sessment upon the lots which have been benefited by all or part of the improvement to the extent of their respective and pro- portiona te shares of the full value of such benefit. r 228.899 City's powers concerning as- 223.415 Basis for, amount and method lICSSIIlents for local improvements. The coun- of reasscssment. The reassessment shall be cil may impose additional procedural re- based upon the special and peculiar bene- quirements. The procedural provisions of fit of the improvement to the respective ORS 223.387 to 223.399 shall apply only lots at the time of the original making of where the city charter or ordinance does not the inlprovement. The amount of the re- specify otherwise, and shall apply to local assessment shall not be lin1ited to the 355 ~ 223.420 CITIES amount of the original assessment but the property embraced in the reassessment shall be limited to property embraced in the prig- inal assessment. However, property on which the original assessment was paid in full shall not be included in the reassessment. Interest from the date of delinquency of the original assessment may be added by the council to the reassessment in cases where the property was included in the original assessment, but such interest shall not apply to any portion of the reassessment that ex- ceeds the amount of the original assessment. The reassessment shall be made in an equit- able manner as nearly as may be in accord- ance with the law in force at the time the improvement was made, but the council may adopt a different plan of apportioning bene- fits or exclude portions of the district when in its judgment it is essential to secure an equitable assessment. Credit shall be al- lowed on the new assessment for all pay- ments made on the original assessment. 223.420 Effect of reas8ell8ment; ex- ceptions. The reassessment when made shall become a charge upon the property upon which it is laid notwithstanding the omis- sion, failure or neglect of any officer, body or person to comply with the provisions of the charter or law connected with or relat- ing to the improvement and original as- sessment or any previous reassessment, and although the proceedings of the council or the acts of any officer, contractor or other person connected with the improvement or assessment may have been irregular or de- fective, whether such irregularity or defect was jurisdictional or otherwise. The reas- sessment shall not be made in case of any improvement wherein a remonstrance suf- ficient in law to defeat it has been duly filed prior to the making of the improve-- ment. erty included within the district. After pas- sage of such resolution, the recorder or other person shall prepare the proposed reo assessment and file it in the office of the recorder. ~\-\ ,) i ,) .I 223.430 Publication of notice of re- assessment; contents. After the proposed re- assessment is filed in his office, the reo corder shall give notice thereof by not less than four successive publications in a news. paper published in the city and, if there is no newspaper published in the city, in a newspaper to be designated by the council. The notice shall show that the proposed reo assessment is on file in the office of the reo corder, giving the date of the passage of the resolution authorizing it, the boundaries of the district or a statement of the prop. erty affected by the proposed reassessment, and specifying the time and place where the council will hear and consider objections to the proposed reassessment by any parties aggrieved thereby. 223.435 Personal notice to each owner; right to f'tle objections. The recorder shall, within five days after the date of first pub. lication of the notice, mail or personally deliver to the owner of each lot affected by the proposed reassessment, or to the agent of such owner, a notice of the pro. posed reassessment, stating the matters set out in the printed notice and also the amount proposed to be charged against the lot. If the address of the owner or of the owner's -agent is unknown to the recorder, he shall mail the notice addressed to the owner or owner's agent at the city where such prop- erty is located. Any mistake, error, omission or failure with respect to such mailing shall not .Qe jurisdictional or invalidate the reo assessment proceedings. Thc owners of any property included in the description of the printed notice, or any person having an interest in that property, may, within 10 days from the day of last insertion of the printed notice, file in writing with the re- corder objections against the proposed reo assessment. '\)) . .'/ '-..,j. 223.425 Council resolution to reassess. The proceedings required _ by the chat"ter or other law for making of the original assess- ment are not required with reference to the making of a reassessment. The reassessment shall be initiated by adoption of a resolution designating the improvement as to which 223.440 Hearing on objections; revl- a reassessment is contemplated, describing sion of reassessment. At the time .and place the boundaries. of the district that the coun- appointed in the notice the council shall hear cil contemplates for the reassessment and di. and determine all objections filed under ORS recting the recorder or other person to pre. 223.435. The council may adjourn the hear- pare a proposed reassessment upon the prop- ing from time to time, and correct, modify 356 -, /~"!') '-<.;! CITY IMPROVEl'dEN'TS AND WORKS GENERALLY ~ 223.485 " or revise the proposed reassessment or set it aside and order the making of a new pro- posed reassessment. However, if the pro- posed reassessment is corrected or revised so as to increase the amount proposed to be charged against any property, such reassess- ment shall not be made until after a new not- ice has been given as stated in ORS 233.435 to the owners of property against which the amount of assessment is proposed to be thus increased. The publication of the notice may be for not less than two successive in, sertions in a newspaper as provided in ORS 223.430, and the time when action may be taken thereon may be not less than five days after the date of last insertion. If the proposed reassessment is set aside and a new apportionment ordered, notice shall be given of the new apportionment in the man- ner stated in ORS 223.430 and 223.435 and action taken thereon as provided in ORS 223.435 and 223.440. c 223.445 Reassessment ordinance. When the council has determined what in its judg- ment is a fair, just and reasonable reassess- ment, it shall pass an ordinance setting out and making the reassessment. The reassess- ment so made shall be deemed to be regular, cOlTect, valid and just, except as it may be modified under ORS 223.450 and 223.455. 223.450 Lien docket entry; crediting prior payments. When the reassessment is duly made it shall be entered in the city lien docket. All provisions for bonding and pay- ing by instalments shall be applicable, and such city liens shall be enforced and collected in the manner provided for collection of liens for an original improvement. All sums paid upon the former assessment or any previous reassessment shall be credited to the prop- erty on account of which it was paid and as of the date of. payment. If a deed was issued at the sale, the grantee therein, his heirs, executors, administrators, successors or assigns, shall execute a deed of release and quitclaim of all right, title and interest in the property under such sale to the owner of the property and deliver the deed to the recorder, so that the owncr's title may be cleared of the sale. The record- er shall act as escrow holder of such cer- tificate or other evidence of sale and of such deed pending .completion of reassess- ment. If the reassessment is not completed, he shall return the certificate or other evi- dence of sale and the deed to the person delivering it to him. If the reassessment jg completed, the certificate or other evidence of sale shall be canceled and placed on file in the office of the recorder and the deed shall be delivered to the owner of the property specified therein. If any such pur- chaser, his heirs, executors, administrators, successors or assigns fails to comply with this section, he is not entitled to subroga- tion. In any event, the amount of subroga- tion shall not exceed the amount which has been paid to the city on such sale, together with interest at the rate of six. percent per annum from the date of sale until the date of payment. This amount is to be paid by the city to the purchaser, his heirs, execu- tors, administrators, successors or assigns if and when the city collects the amount of the reassessment against the property. 228.460 [Repealed by 1965 c.71 ~l J 223.462 Review of reassessment. Not- withstanding any of the provisions of ORS 223.405 to 223.485, owners of any property against which a reassessment for local im- provements has been imposed may seek a review thereof under the provisions of ORS 34.010 to 34.100. [1965 c.71 ~4J 228.465 [Repealed by 1965 c.71 ~1 J 228.470 [Repealed by1965 c.71 ~lJ 228.475 [Repealed by 1965 c.71 PJ 228.480 [Repealed by 1965 c.71 ~1 J 223.455 Right of purchaser at sale un- der prior assessment. In cases where a sale was made under the original assessment or any previous reassessment, with reference to such improvement, and the property was not redeemed from the sale, the purchaser 223.485 Additional reassessment pro- at the sale is subrogated to the rights of the cedure; time Umitation. (1) The authority city with reference to the property upon granted in ORS 223.405 to 223.455 shall not such reassessment if the purchaser waives apply in any incorporated city where the all penalties and interest, except such inter- method of reassessment is provided by ordi- est as may be provided for on the reas- nance or charter. sessment, and delivers up for cancelation (2) No proceedings for making a reas- any certificate or other evidence of the sale. sessment shall be instituted after 20 years 357 ( ., ~ 223.505 CITIES I . :-~) . . -~ . ! I J I from the date when the first assessment was entered on the lien docket. [Amended by 1965 c.71 ~3] METHODS OF ENFORCING LIENS AND COLLECTING AsSESSMENTS 223.505 Definitions for ORB 223.510 to 223.595. As used in ORS 223.510 to 223.595, unless the context requires otherwise: (1) "Recorder" means the officer desig- nated by city charter or ordinance as cus- todian of the lien dockets and charged with keeping records concerning bonded liens and assessments. (2) "Treasurer" means the officer desig- nated by city charter or ordinance to col- lect unpaid liens or assessments, take all steps necessary to enforce delinquent liens or assessments and to maintain records per- taining to collection proceedings thereon. 223.510 Authority to sell property for delinquent liens and assessments. In addition to the method provided by law, ordi- nance or the charter of any incorporated city for the sale of real property for de- linquent liens or assessments, every incor- porated city may cause the real property to be. sold as provided in ORS 223.510 to 223.590 for any assessment, lien or instal- ment thereof at any time after one year from the date such lien, assessment or instalment becomes due and payable, if bonded; other- wise, at any time after 60 days from the time it is entered in the docket. 223.515 Preparation, transmission and contents of delinquent list. If any instalment on any lien bonded, as provided by law, ordinances or charter of the city, is delin- quent for a period of one year from the time it became due and payable, . or at any time after 60 days from the time it became due and payable if not bonded, the recorder may thereafter prepare and transmit to the treasurer a list in tabular form, made up from the docket of city liens, or other lien docket, describing each lien, assessment or instalment due on .any bonded lien which is so delinquent. The list shall also contain the name of the person to whom assessed, a par- ticular description of the property, the amount of the lien or assessment' or the amount of the instalment due on any bonded lien, ,and any other facts necessary to be given. " 223.520 Procedure in collecting delin- quencies. Upon receipt of the list described in ORS 223.515, the treasurer shall proceed to collect the unpaid liens or assessments named in the list by advertising and selling ~e lots or tracts hl ,the manner now pro- Vlded by law for the saleo! real property on execution, except as otherwise provided in ORS 223.525 to 223.580 and except that sale may be made at such place within the corporate limits of such city as may be designated in the notice of sale. 223.525 Conduct of foreclosure sale. (1) Each piece or tract of land shall be sold, separately, and for a sum equal to but not exceeding the unpaid lien or assessment thereon and the interest, penalty and cost of advertising and sale. If there is more than one bid the land shall be sold to the bidder first offering to take it for the amount accrued thereon. No levy upon such lots or parcels of land shall be required except that a notice shall be posted four consecutive weeks before the sale upon every lot or parcel assessed to an unknown owner. (2) The city may include in the sale any number of lots or parcels of land upon which it has delinquent assessments or liens, or both, though levied under the same or a different ordinance. Any number of dif- ferent, assessments or liens, or both, may be foreclosed upon the same lot, block or par- cel of land h1 one proceeding. (3) If there is more than one delinquent assessment or lien, or both, upon any lot or parcel of land, the various amounts thereof, including accrued interest, penalties and costs, shall be added together and the total amount thereof shall be deemed to be the amount of the assessments or liens, or both, for which the property is to be ~old. 223.530 Title of plll'chaser, A sale of real property under ORS 223.505 to 223.590 conveys to the purchaser, subject to redemp- tion as provided in ORS 223.565 to 223.590, all estates, interests, liens or clalms thereh1 or thereto of any persons, together with all rights and appurtenances thereunto belong- ing, excepting only the lien of the city on such assessments or liens as are not h1cluded in the foreclosure proceedings. ~,~..... 1) \'--i;1-;- 223.535 Record of sales; receipts for lien payments. The treasurer shall enter h1to columns provided for that purpose h1 the list transmitted to hh11 by the recorder the 358 -~) " , . . .L . OITY I&!PROVEl\mN'l'S .AND WORKS GENERALLY ~ 223.570 223.570 Execution by city and contents of deed to purchaser. After the exp~ration of one year from the date of the certificate of sale, if no redemption has been made, the treasurer shall execute to the purchaser, his heirs or assigns, a deed of conveyance con- taining a description of the property sold, the date of the sale, a statement of the amount bid, of the lien or assessment for 223.560 Unsold property reoffercd; ex- which the property was sold, that the assess- ceptions. If any property remains unsold at ment or lien was unpaid at the time of the the sale, it may, in the discretion of the re- sale and that no redemption has been made. corder, again be offered for sale in like The statement need contain no further re- manner, but not sooner than three months cital of the proceedings prior to the sale. 359 t( . I I , I I date of the sale, the name of the purchaser and the amount paid for each parcel of prop- erty sold. The treasurer shall give a re- ceipt to each person paying any lien or as- sessment on the delinquent list prior to the sale thereof. The receipt must state separ- ately the lien or assessment, interest and costs collected, and a duplicate of the receipt shall be filed with the treasurer. c 223.540 Payment of sale price. Real property when sold for or to satisfy a de- linquent assessment or lien, or both, must be sold for lawful money of the United States, except aa provided in ORS 223.545. 223.545 Purchase by city In absence of bids. If no bid is received for the sale of the property, the city may purchase the prop- erty by bidding therefor the amount of the lien or liens and the cost of advertising and sale. The property may be struck off and sold to the city without actual payment of money. 223.550 Oertificate of sale; contents. The treasurer shall immediately, after hav- ing sold any real property upon the list described in ORS 223.515, make and deliver to the purchaser a certificate of sale of the property so sold, setting forth therein the object for which the sale was made, a de- scription of the property sold, a statement of the amount it sold for, the lien or assessment for which the property was sold, the name of the purchaser. and that the sale is made subject to redemption within one year from the date of the certificate, and then deliver such certificate to the purchaser. 223.555 Lien docket entries mandatory. The treasurer shall, within three days after sale, return to the recorder the delinquent list, with all collections and sales noted thereon. The recorder shall then make proper entries of collections and sales in the approp- riate lien docket. Thereafter no transfer or assignment of any certificate of purchase of real property sold under ORS 223.505 to 223.590 is valid unless an entry of such transfer or assignment has been noted by the recorder in said -docket. ) (." / after the expiration of any sale, except that in the matter of an assessment for the opening, widening, laying out or establishing of a street, proceedings for such sale may be taken immediately. 223.565 Procedure and conditions of re- demption. (1) The owner, or his legal repre- sentatives, or his. successor in interest, or any person having a lien by judgment, decree or mortgage, or owner of a tax lien, on any property sold by virtue of ORS 223.520 may redeem it upon conditions provided in this section. Redemption of any real property sold for a delinquent assessment or lien under the provisions of ORS 223.505 to 223.590 may be made by paying to the treasurer, at any time within one year from the date of the certificate of sale, the purchase price and 10 percent thereof as penalty, and interest on the purchase. price at the rate of 10 per- cent per annum, from the date of the certifi- cate. Where redemption is made by the holder of a tax lien he may have such redemption noted upon the record of his lien in like man- ner and with like effect as prescribed.in this section. However, if redemption is made within three months from the date of sale, the penalty to be paid shall be five percent. Such redemption shall discharge the property so sold from the effect of. the sale and, if made by a lien creditor, the amount paid for the redemption shall thereafter be deemed a part of his judgment, decree, mortgage or tax lien, as the case may be, and shall bear like interest, and may be enforced and collected as a part thereof. (2) Anyone applying or seeking to re- deem property sold under the provisions of ORS 223.505 to 223.590 must payor offer to pay the sum necessary in lawful money of the United States. ~ 223.575 CITIES . . /"'~ . ) , >> I I I I , 223.575 Legal and evidentiary effect of deed. The effect of the deed shall be to con- vey to the grantee therein named the legal and equitable title in fee simple, to the real property described in the deed, excepting only the lien of the city on such assessments or liens as were not included in the fore- closure proceedings. The deed shall be prima facie evidence of title in the grantee, except as stated in this section, and that all pro- ceedings and acts necessary to make such deed in all respects good and valid have been had and done. Such prima facie evidence shall not be disputed, overcome or rebutted, or the effect thereof avoided, except by sat- isfactory proof of either: . (1) Fraud in making the assessment or in the assessment, or in the procuring of the lien. (2) Payment of the assessment or lien before. sale or redemption after sale. (3) That payment or redemption was prevented by fraud of the purchaser. (4) That the property was sold for a lien or assessment for which neither the property nor its owner, at the time of sale, was liable, and that no part of the assessment or lien was assessed or levied upon the property sold. 223.580 Grantee of deed entitled to pos- . session. The grantee named in the deed de- scribed in ORS 223.570 shall upon delivery thereof be entitled to the immediate pos- session of the real property therein des- cribed. 223.585 Time limitation on actions to recover sold property. Every action, suit or proceeding which may be commenced for the recovery. of land sold by tlle treasurer for any assessment or Uen or to quiet the title of the former owner, . or his su~ceBSors in interest, against such sale, or to set aside such sale, or to remove the cloud thereof, except in cases where the assessment or lien for which the land has been sold was paid before the sale, or the land redeemed as pro- vided by law, shall be commenced within one year from the time of recording the deed executed under ORS 223.570. must tender with his first pleading and pay into the court at the time of filing such pleading tile amount of the purchase price for which the lands were sold, together witll tile penalties prescribed by law at tile time of the sale, and of all taxes and assessments or liens, or both, levied or made upon or against tile land, or any part thereof, which were paid after the sale by the purchaser at tile sale, or his heirs or assigns, together with interest thereon at the rate of 10 per- cent. per annum from the respective times of the payment of the purchase price, taxes, ass.ssments or liens, or both, by tile pur- chaser, or his heirs or assigns, up to the time of the filing of tile pleading, to be paid to the purchaser, his heirs or assigns, in case the right or title of thp purchaser at the sale fails in such action, suit or proceed- Ing. 223.595 Validatloll of prior foreclosun proceedings. All foreclosure proceedings had or taken prior to May 28, 1927, by any mu- nicipal corporation which substantially com- ply with the provisions of ORS 223.505 to 223.590 hereby are declared to be legal and valid to the same extent as if they were had or taken under tIlose sections. ") .' ") , A ....,....... 223.605 Oeflnitions for OI?S 223.610 to 223.650. As used in ORS 223.610 to 223.650: (1) "Liens" means liens, assessments or Instalments of assessments and includes any of those terms. (2) "City" means city, town and other municipal corporation or any of them. (3) "Lot" means lot, block, parcel or parcels of real property and includes all of them. 223.610 Forcc/08me of mlmic!psl cor- poration liens by suila in eqllity. In addition to methods now provided by law, charters, ordinances or acts of incorporation for the foreclosure or collection of liens, any city may foreclose any lien lawfully levied or assessed by it, by suit in equity in the cir- cuit court of the county In which the city is located. 223.615 City may recover ilottomey's 223.590 Tender of purchase price in ac- fees. In any suit authorized by ORS 223.610, tion to recover property. In any action, suit if a decree of foreclosure is entered, tile or proceeding referred to in ORS 223.585, city is entitled to recover, as part of tile whether before or after the issuance of the moneys to be made on the sale on execu- deed, the party claiming to be the owner as tion of the property Involved, such sum as against the party claiming under the sale the court may deem reasonable as attorney's 360 ., f " , I , . . , . CiTY IMPROVEMENTS AND WORKS GENERALLY fi 223.705 MISCELLANEOUS PROVISIONS ON FI. NANCING OF CITY. D1PROVEMENTS; R E BON DING; RlEINSTATEJ\mNT; TYPE OF BONDS ACCEPTED IN PAYMENT OF CITY LIENS; ASSESS- l'tIENT OF PUBLIC PROPERTY 223.705 Rebondlng of unpaid IIllseaa- ments. Subject to the prior approval of the governing body of the Incorporated city, the owner of any property assessed for local Im- provements under the provisions of ORS 223.205 to 223.300 or under' the provisions of any city charter, and In cases where l\I1 assessment for local improvement has been bonded and entered in the bond lien docket as authorized by ORS 223.205 to 223.300 or the charter and the bonded assessment has not been fully paid, may file with the audi- 223.640 Allegations of jurisdictional tor, clerk or other officer charged with the facts. In any suit authorized by ORS keeping of city records an application for 223.610, it shall be a_sufficient allegation of rebonding the original assessment in the jurisdictional facts authorizing the city amount due and unpaid thereon. The auditor, to make and levy any lien if the complaint clerk or other officer charged with keeping alleges in general terms that the improve- the city records may accept these applica- ment was made in the manner and as pro- tions. If there is more than one assessment vlded by law, by the city charter, ordinances, on the Bame piece of property, the owner resolutions, or any of them, relating to such may combine them in one application. 361 ~ ~ fees. The sum so allowed shall be a lien upon the property. 223.620 Laws applicable to foreclosure proceedings. Suits authorized by ORS 223.610 shall be governed by ORS 88.010 to 88.100,93.720,93.760 and by all other laws reo lating to suits in equity in so far as appli. cable, except as otherwise provided in ORS 223.610 to 223.650. 228.625 Liens which may be Included in foreclosure suit. In any suit authorized by ORS 223.610, the city may Include any num- ber of lots upon which it has delinquent liens though the liens may have been levied under the same or different ordinances. Any number of different delinquent liens may be foreclosed upon the same lot in one suit. If there is more than one delinquent lien on any lot, the various amounts thereof, including accrued interest, penalties, costs and attorney's fees, shall be added together and the total thereof shall be deemed the amount of the lien for which the lot is to be sold. (' '- 223.630 Joinder of parties In Interest as defendants. In any suit authorized by ORS 223.610, the record owner and all persons and corporations claiming some right, title, lien or Interest in and to any lot Involved In the suit, and also all other parties or persons unknown claiming any right, title, estate, lien or Interest in the real. property de. scribed therein or any part thereof, may be joined as party defendants. 223.635 Complaint served on owner; is- sues tried separately. In addition to the serv- ice of summons, each record owner of a lot Involved in the foreclosure suit shall be served with complaint in the manner provld. ed by law. Any issue made by the plead. Ings In any foreclosure suit relating only to a certain lot or lots shall be tried separ- ately and determined upon motion of any party in Interest therein. ( . improvement. It is not necessary to specl. fically set forth in the complaint any such charter provisions, ordinances or resolutions. 223.645 Right of city to bid at execu. tlon sale. The city may bid at the sale on execution of the property Involved in the foreclosure suit any amount not exceed. ing the sum found by the decree of the court to be due upon the city's lien, togetl1er with interest, costs, penalties and attorney's fees, and it may credit the amount of itll bid upon the execution. 223.650 Red e m p t Ion; no deficiency judgment. The time and manner for redemp. tion of property from sales on execution :in suits authorized by ORS 223.610 shall be the same as provided by law for the redemption of real property from sales on execution. The amount to be paid on redemption under this section shall be the amount for which the property was sold on execution, together with interest thereon at the rate of six percent per annum from the date of the sale until the date of redemption. However, no deficiency judgment shall be entered against the owner of the property. ~ 223.710 CITIES 223.750 Enactment of rule-making or- dinances; effect of irregularities. (1) Each incorporated city, through its council, may provide, by such ordinances, rules and regu. lations as may be needed, for accepting re- bonding applications, issuing bonds and 223.725 Issuance and sale of bonds. otherwise carrying out the terms of ORS Each incorporated city may, by ordinance of 223.705 to 223.750; and may, by such ordi- its governing body from time to time, issue nance and in conformity with ORS 223.715, and sell pursuant to rebonding applications, determine the interest rate to be charged improvement bonds of the tenor of those property owners who apply to rebond liens desiguated in ORS 223.235 to 223.255, in an as provided by those sections. 362 223.710 Rebonding application; form; prerequisites. (1) The applications for re- bonding shall be in the same form and pre- served as original bonding applications. The officer charged with keeping the city re- cords shall keep the bonding applications in convenient form for examination. He shall enter in a docket kept for that purpose a description of each lot or parcel of land against which the rebonding assessment is made, or which bears or is chargeable for the cost of the local improvement, with the name of the then owner and the total amount of unpaid assessments rebonded. (2) The total amount to be rebonded against any lot or parcel of land must be $25 or more. The owner shall tender and pay with the application all accrued interest due on the bonded assessment to the first of the month preceding the date of applica- tion. (3) No application for rebonding shall be received unless the taxes for any quarter of the current year then due and payable, to- gether with the entire amount of taxes of the year immediately preceding the year in which the application is filed, have been fully paid and evidence of such payment satisfactory to the officer receiving the ap- plication is produced at the time of mak- ing the application. 223.715 Payment of rebonded assess- ment. The amount of the assessment to be rebonded shall constitute a new principal and shall be paid in 20 equal semiannual instal- ments, with interest thereon at a rate not exceeding seven percent per annum. (Amended by 1969 c.531 ~61 ,223.720 Amount of city lien; priority. The amount of the unpaid rebonded assess- ments entered in the rebonding assessment docket, with interest on unpaid rebonded as- sessments at the rate of seven percent per annum, against each such lot or parcel of land, shall stand as a lien in favor of the city until therebonded assessments and in- terest are paid. A rebonding assessment lien shall have the same priority as all other city liens. . (Amended by 1969 0.531 Fl amount not exceeding the total amount of such applications. 223.730 Application of proceeds from sale of bonds. The proceeds from the sale of bonds issued under ORS 223.725 shall be applied as follows: (1) The amount provided under ORS 223.705 to be rebonded shall be placed to the credit of the improvement bond sinking fund. Thereafter, as soon as practicable and in so far as possible, there shall be called and paid an equivalent amount of the bonds or- iginally issued and so refunded by new ap- plications to pay in instalments. (2) The balance of the proceeds of the sale shall be placed to the credit of the im. provement bond interest fund. /'"\) j,. 223.735 City debt limitation not apple- able. The bonds and the amount thereof au- thorized pursuant to ORS 223.705 shall not be counted in calculating the limited indebt. edness of any incorporated city, fixed either by its charter, ORS 223.295, by any law, or , by the constitution of this state, but shall be in excess thereof and excluded from such debt limitations. 223.740 General provisions applicable. Except as otherwise provided in ORS 223.705 to 223.750, the provisions of ORS 223.205 to 223.300 or any charter shall apply to the rebonding application, to the form, to the' manner of paying the amount entered in the bond lien docket, to the collection of delinquent instalments and to issuance, sale and redemption of improvement bonds is. sued pursuant to ORS 223.725. 223.745 Scope of power granted. The power granted by ORS 223.705 to 223.750 is vested in each incorporated city and is self-operating therein without further neces- sity of enacting charter provisions incorpor- ating the terms of those sections. /'" , \., , 'I i 0J r ...., " I. " '-_fl') , --:~' , L CITY IMPROVEMENTS AND WORKS GENERALLY 5223.775 223.755 Reinstatement of delinquent bonded assessments authorized. (1) Ail used in this section, "bonded assessment" means any assessment for a local improvement lev- ied by any incorporated city where applica- tion to pay such assessment in Instalments has been filed with the city levying it. (2) After approval by the governing body of any incorporated city, the owner of any property, against which there is out- standing any delinquent bonded assessment, at any time before the property affected by the assessment has been sold for the collec- tion thereof as provided by law, may pay any delinquent instalment of the bonded assess- ment, together with the amount of interest due thereon as provided by the law govern- ing the same, plus the cost of advertising the property for sale and a penalty of three percent on the amount of the delinquent in- stalment so paid. (3) The power granted by subsection(2l of this section is vested in each incorpora- ted city and is self-operating therein with- out the necessity of amending the charter thereof incorporating the terms of this sec- 223.775 Assessment of property of cem- tion. etery authority benefited by certain Im- (4) The governing body of each incor- provements. (1) Ail used in subsections (2) porated city may, in its discretion, by ordi- to (5) of this section: nance, make the provisions of this section (a) "Cemetery authority" means a non- applicable to delinquent bonded assessments profit cemetery or crematory corporation. levied by it and outstanding against property (b) "Sale" includes a contract of sale as In the city. . well as a sale. 223.760 B.O.L.C. bonds accepted In pay- (2) Notwithstanding the provisions of ment of assessment liens. The governing ORS 61.755 to 61.775 or any other provision body of any incorporated city may by ordi- of law, whenever all or any part of the cost nance provide that any or all special assess- of a street, curb or sidewalk improvement ments levied against any tract or part there- made by a city is to be assessed to the prop- of within the city and dpe the city, may be erty benefited thereby, benefited property paid by bonds issued by the Home Owners' owned and platted for cemetery or crema- Loan Corporation, created by Act of Con- tory purposes by a cemetery authority shall gress as of June 13, 1933. The governing be assessed the same as private property. body shall in the ordinance prescribe the The amount of the assessment shall be paid terms and conditions under which those by the cemetery authority as provided in bonds shall be accepted in payment of such this section. assessments. (3) (a) Within 60 days after the date the 223.765 Municipal bonds accepted as ordinance levying the initial assessment is payment for assessment liens. Any incor- enacted by the city, the cemetery authority porated city may, by ordinance duly passed shall furnish the city with a list of platted by its governing body, authorize the accept- burial lots within the benefited property un~ ance by such incorporated city of the general sold on the date such ordinance was enacted. obligation bonds or interest coupo~s a!-- Until su~~ assessm.ent is paid in full, ,,:he~- tached, or both, of the incorporated City, m ever additional bunallots are platted withm 363 (. (2) No error or omission in rebonding liens shall invalidate or impair the original bonded lien. C~ ( L_.,./ payment of all or any part of special assess- ment liens, interest or penalties of or pay- able to the incorporated city. 223.770 .Ass~ssment of g,ubllc J.~~perty ~~~ ~mM~~~{~1 lie. mer a or any part of the cost of public improve- ments made by any incorporated city is to be assessed to the property benefited there- by, benefited property owned by the city, county, school districts, state and any politi- cal subdivision thereof shall be assessed thE' same as private property and the amount of the assessment shall be paid by the city, school districts, county or state, as .the case may be, provided that the costs of the im- provements are, in any given case, of the type that may be bonded under ORS 223.205 to 223.220. (2) In the case of property owned by the state, the amount of the. assessment shall be certified by the city treasurer and filed with the Executive Department as a claim for reference to the Legislative Assem- bly in the manner provided by ORS 293.316, unless funds for the payment of the assess- ment have been otherwise provided by law. [Amended by 1967 0.454 ~93] the benefited property, the cemetery author- ity shall furnish the city with a list of s'.lch additional lots at the time the plat thereof is recorded. (b) Out of the first funds received for the sales price of any of such lots, the ceme- tery authority after setting aside perpetual care and maintenance funds as required by law or otherwise shall credit five percent of such sales price to a special account for the payment of the assessment until a sum equal to the assessment and any interest due there- on has been so credited. (4) All funds accumulated in the special account for the payment of assessments shall be paid semiannually to the city levying such 'assessment, the first payment to be made six months after the date the initial assess. ment ordinance was enacted and succeeding payments each six months thereafter until such assessment and any interest due there. on, as provided in this subsection, is paid in full. Any funds in such account that are not paid to the city when due shall bear interest 223.815 Acquisition of property for at the rate of seven .percent per annum from parking facilities. For the purposes of ORS the due date until paid to the city. 223.810, a city may acquire property at or (5) Platted property of a cemetery au- below the surface of the earth, by purchase, thority subject to an assessment as provided condemnation, exchange or other lawful in this section is exempt from execution for manner. However, a city may not so acquire collection of any such assessment while such privately owned property used for public property is held by a cemetery authority for parking unless the facillty to be constructed cemetery or crematory purposes. Any such by the city would substantially increase the assessment levied against a cemetery author- number of vehicle off-street parking spaces ity shall be payable ouly from the funds reo available for publlc use. The city may use ceived for the sale of lots listed with the city the area below the street surface or the area as required by subsection (3) of this sec- beneath the surface of a park 'or oilier pub- tion. Except as provided in subsection (4) llc property. of this section, interest shall not be due on [Amended by 1959 0.653 *8: 1967 0,478 ~1] the unpaid balance of any such assessment. 223.820 Planning, constrnctlng and con. [19630,521 **1. 2'; 1969 0.531 ~81 tractlng for the opei'auoD of or leasing 223.785 Special assessment improvement parking facilities. For the p\1rpose"S"ofORS bonds. In addition to the authority to issue 223.810, a city may: general obligation improvement bonds under (1) Plan, iiesign-. and locate the park-.-- ORS 223.240.....a city may issue special a'l,s.e.11.s; ing facilities. .ment improvement ponds and pledge as se- (2) Construct, alter, enlarge, repair and curity therefor all or any part of the revenue maintain buildings, structures, equipment, from special assessments levied against prop- access and entrance facilities,' exit facilities, erty benefited by the improvement. Such fencing and other accessories necessary or bonds shall be payable, both as to principal desirable for the safety or convenience of and interest, from assessments only. Appli. motorists using the off-street parking facill. cations to pay assessments in instalments and ties. the bonds shall be subject to the same provi. (3) Contract with any person, firm or sions and limitations as set forth in ORS corporation for construction or for operation 223.205 to 223.300. Special assessment im. of the parking facility upon such terms as are provement bonds shall contain a clause that found to be in the public interest, after first both the principal and interest are payable advertising for bids therefor by publication 364 ~ 223.785 CITIES solely from assessments benefited property. [1969 0.505 PI -"""J) ..../, . levied against the SPECIAL CITY IMPROVEIIIENTS; PARK- ING FACILITIES; SIDEWALKS; AIDS TO WATER COl\iMERCE 223.805 Short title of ORS 223.805 to 223.845. ORS 223.805 to 223.845 shall be known as the Motor Vehicle Parking Facili- ties Act. 223.810 Establishment of motor vehicle parking facilities. Any incorporated city may establish one or more off-street motor ve. hicle parking facilities for the general use and benefit of the people of the city, or for one or more special classes of vehicles, as appears necessary, proper or beneficial in the public interest. For these purposes, the city may proceed as provided in ORS 223.815 to 223.845. /......\0 ....1 . ,.'.' ,,-/ ~ I, " , . .. " CITY IMPROVEllIENTS AND wonKS GENERALLY ~ 223.845 (. not less than once a week for two consecu- tive weeks in a newspaper of general cir. culation in the city, making two publications in all. (4) Lease for a period not exceeding 50 years, notwithstanding any conflicting pro. vision of any law, city charter or ordinance, any property referred to in ORS 223.810 to any person, firm or corporation pursuant to an agreement, according to such terms as - are found to be in the public interest, where- by suchJlerson, firm or corporation .under- takes to construct, where necessary, or alter or repair, and maintain and operate on such property- the buildings, structures, equip- ment, facilities and accessories necessary or convenient for parking facilities, and title to such building or structure to be constructed or altered shall vest in the city either when constructed or altered or at the termination of said lease. Such agreement shall be made only after first advertising for bids therefor by publication not less than once a week for two consecutive weeks in a newspaper of general circulation in the city, making two publications in all. - {Amended by 1953 c.668 ~2) ( 228.825 Financing of parldng facilities. For the purposes of ORS 223.810, a city may finance the parking facilities by anyone or any combination of the following methods: (1) General obligation bonds within the legal debt limitations, or revenue bonds pay- able primarily or solely out of revenue from parking facilities in such amounts, at such rate of interest, and upon such conditions as may be prescribed by the legislative au- thority of the city. (2) Special or benefit assessments equal to the total cost of land and improvements, pr a portion thereof, such assessment to be levied against property benefited in propor- tion to the benefit derived, the amount of such assessment to be determined in accord- ance with special assessment practices for local improvements as now or hereafter pre. scribed by the ordinances or charter provi. sions of the city. (3) Parking fees, special charges or other revenue derived from the use of off-street parking facilities by motorists, lessees, con- cessionaires, commercial enterprises or others. (4) General fund appropriations. (5) State or federal grants or local aids. (6) Parking meter revenues. ( , (7) General property taxes, or gift, be- quest, devise, grant or otherwise. (8) For any city under 300,000 according to the latest federal decennial census, a rea- sonable annual fee on the privilege of occupy- ing real property within the city or a district of the city to carryon a business, occupation, profession or trade. In levying the fee, the governing body shall take into consideration the unmet off-street parking requirements of such business. The proceeds of the fee, less refunds and costs of collection, shall be used solely for the purposes of ORS 223.805 to 223.845. The fee is in addition to, and not in lieu of, any other tax, assessment or fee re- quired by state or local law or ordinance. [Amended by 1959 c.653 ~9; 1967 c.380 ~1; 1969 c.380 ~1] 228.830 Service concessions in parking facilities. For the purposes of ORS 223.810. a city may rent or lease to any individual, firm or corporation any portion of the prem- ises established as an off-street parking facility for service concessions, commercial uses or otherwise, after first advertising for bids therefor by publication not less than once a week for two consecutive weeks in a newspaper of general circulation in the city, making two publications in all. [Amended by 1967 c.380 ~2] 228.835 Fees and regulations of parking facilities. For the purposes of ORS 223.810, a city may: . (1) Charge such fees as the legislative authority of the city finds fair imd reason- able for the privilege of using the off.street parking facilities. These fees need not be limited to the cost of operation and adminis- tration but may be for revenue. (2) Regulate and restrict the use of the parking facilities or prohibit the use thereof for vehicles of more than a class or classes of vehicles and provide penalties for vio- lation of such regulations or prohibitions. 223.840 Disposing of property acquired for parking facilities. For the purposes of ORS 223.810, a city may sell, encumber, lease, exchange or otherwise dispose of prop- erty and property rights acquired as may be found in the public interest. I I , I f 223.845 Limitation on operation, by city of parking facilities; disbursement of revenues. For the purposes of ORS 223.810. a city may operate a parking facility or lease the same under ORS 223.820, as the city 365 ~ 223.880 CITIES [1957 c.430 ~9; repealed by 1959 c.653 may determine. In no event shall the city operate any service concessions. In case the city operates a parking facility, it may pro- vide, and if revenue bonds are issued to finance the acquisition and construction of such facility it must provide, that the reve- nues derived from the operation of the facil. ity shall be disbursed by the city for some or all of the following purposes: (1) Payment of interest on and retire- ment of principal of bonds issued by the city for financing the acquisition or construction of such facility. (2) Payment of the necessary costs and expenses of operating the facility. (3) Creation and maintenance of a re- serve account to make necessary replace- ments. (4) Payment to the taxing bodies in lieu of taxes an amount equal to the ad valorem taxes that would be derived from the facility if under private ownership. (5) Reimbursement of owners of real property for special assessments paid by them and levied against real property to finance the parking facility. (6) Payment to the city of a fair return on its investment in the facility for the pur- pose of making additional parking and traf- fic improvements. In case the revenues produce more than sufficient moneys than required for the mat. ters mentioned in subsections (1) to (6) of this section, then the governing body shall reduce the rates charged for the use of the facility. [Amended by 1959 c.653 ~10] 228.849 [1957 c.430 p; repealed by 1959 0.653 i12] 228.850 [Renumbered 223.880] 228.852 [1957 c.430 i2; repealed by 1959 c,653 ~12] 228.854 [1957 c.430 i3; repealed by 1959 c.653 ~12] 228.855 228.857 i12] 228.859 P2] 228.860 228.862 i12] 228.864 i12] 228.865 223.867 i12] " 223.869 i12] 223.870 223.872 i12] 223.874 P2] 223.875 228.877 ~12] 223.879 P2] 223.880 Public roads Included In side- walk inlprovement district; assessment on property benefited. Any incorporated city, in addition to powers granted by law or charter, may include in any sidewalk inl- provement district within the city all county roads or state highways or any part thereof which are located within the inlprovement district. It may cause to be built on the county roads or state highways or portions thereof within the improvement district, sidewalks for pedestrian travel, and may assess the cost thereof upon the property benefited thereby, in the manner provided by charter or law. [Formerly 223.850] [Renumbered 223.888] [1957 c.430 i10; repealed by 1959 ..653 [1957 c.43e. ill; repealed by 1959 c.658 [Renumbered 223.900] [1957 c,430 ~12; repealed by 1959 c.653 [1957 c.430 i13; repealed by 1959 c.653 [Renumbered 223.882] [1957 c.430 ~4; repealed by 1959 c.653 223.882 Acquisition ,of property by city to aid water commerce. In order to secure benefit from the United States Bonneville electrical and navigation project, all cities may purchase, acquire by condemnation, or lease, real property for the purpose of con- structing thereon wharves, docks ,or, other sinliliar structures, or other aid to water- borne commerce, or for providing for sites for the location and operation of industrial or manufacturing plants or works thereon which will use the electrical energy develop- ed by the Bonneville project and which would constitute feeders for docks, wharves or other aids of water-borne commerce. [Formerly 223.855] , ',.., 223.884 Authority to fil.ke property within and without city linlits. In carrying out the powers granted by ORS 223.882, cities are granted the right of eminent dom- ain and the right to take private property for the public uses authorized by ORS 223.882. This power shall' be exercised as provided by ORS chapter 35. Real property located without the corporate limits of the city, adja. cent or contiguous to any of the boundary lines of the corporate limits of the city or within 10 miles of the boundary line of the 366 [1957 c.430 i5; repealed by 1959 c.653 [Renumbered 223.884] [1957 c.430 i6; repealed by 1959 c.653 [1957 c.430 i7; repealed by 1959 c.653 [Renumbered 223.886] [1957 c.430 i8; repealed by 1959 c.653 /'\ J -' ~ , " , ;, ...,; ~ ._.' .... ., <,f.'.'. ", .\ ~, _....; . , -.'--..- CITY IMPROVEMENTS AND WORKS GENERALLY fi 228.915 (. . . :-'.. corporate limits of any such city, may be ac- quired under the terms of this section. The determination of the council, commission of public docks, or other administrative body of the city having jurisdiction of its wharf or dock property that the acquiring of any par- ticular real property is necessary to carry out the purposes of ORS 223.882 shall be suffi- cient foundation for the exercise of the right of eminent domain, notwithstanding that there is other real property available that , . '-might be used for those purposes. (Formerly 223.860; 1971 c.741 ~22] C~ 223.883 Loans authorized to f"mance Im- provements; security for loans; consent of voters. In carrying out the powers conferred by ORS 223.882, the city may borrow money from any person, corporation or agency of the United States Government for the pur- .chaseof any real property described in ORS 223.882, or for paying the cost of inlprove- ments on any real property, which improve- ments may include the construction of docks, wharves or other structures and appurtenant appliances or fixtures or machinery neces- sarily required to operate a wharf or dock. In borrowing money for any of these pur- poses the cities may secure money so bor- rowed by executing and giving a mortgage or similar indenture on any such real property and its revenueil. If repayment of money borrowed for acquisition or improvement of any such real property is not to be secured solely by the real property and the income derived therefrom, then, before a debt for the purpose of this section or ORS 223.882 can be contracted or incurred, the consent of the legal voters of the city must first be obtained. [Formerly 223.865] %23.888 Authority of city to carry out law. In the execution of powers conferred by ORS 223.882 to 223.886, a city may act through Its council, commission of public docks, or other administrative body having jurisdiction of its wharves, docks or water- front property. The city or its said adminis- trative body may enter into and execute con- tracts or leases and do all acts and things requisite for carrying out the purposes of ORS 223.882 to 223.900. [Formerly 223.870] the authority of ORS 223.882 to any indi- vidual or corporation, a city shall act in conformity with the requirements of ORS 271.300 to 271.370 when those sections are applicable. [Formerly 223.875] MISCELLANEOUS 223.905 Duration of Public Works Acts. (1) Except in pursuance of any contract or agreement entered into by and between any municipality and any federal agency prior to January I, 1943, no municipality shall borrow any money or deliver any bonds pursuant to the provisions of chapter 455, Oregon Laws 1937.- after January I, '1943. (2) Except in pursuance of any contract or agreement entered into by and between any municipality and any federal agency prior to December 31, 1941, no municipality shall exercise ,any of the powers conferred . by chapter 348, Oregon Laws 1935, after December 31, 1941. 228.910 Validation of bonds issued un- der Public Works Act of 1987. All bonds or other obligations issued prior to March 27, 1939, pursuant to an election held under chapter 455, Oregon Laws 1937, and all pro- ceedings taken prior ~o March 27, 1939, with respect to bonds or other obligations authorized prior to March 27, 1939, by an election held under chapter 455, Oregon Laws 1937, and which were issued within one year after March 27, 1939, by mUnici- palities, for the purpose of obtaining loans from the Federal Emergency Administration of Public Works, pursuant to chapter 455, Oregon Laws 1937, are validated, ratified, approved and confirmed. AIl bonds or other obligations so issued and approved and all prooeedings taken prior to March 27, 1939, with respect to bonds or other obligations authorized prior to March 27, 1939, by an election held under chapter 455, Oregon Laws 1937, and to be issued within one year after March 27, 1939, are confirmed and approved. The bonds or other obligations issued prior to March 27, 1939, are de- clared to be legal and binding obligations upon such municipalities for any and all purposes. "- (-/ 228.915 Operation of municipal debt 228.900 Leasing property to Individuals. limitations on bonds Issued under Public In leasing or renting any part or portion Works Act .of 1987. Bonds issued under of the real property acquired pursuant to chapter 455, Oregon Laws 1937, are not 367 ~ 223.920 CITIES subject to any limitations on municipal in- debtedness as provided by law, including but not limited to ORS 287.004. However, all bonds issued under chapter 455, Oregon Laws 1937, shall be included in determin- ing the power of a municipality to issue bonds under any other law. 223.920 !'tlanner of paYIng bonds. The bonds issued under chapter 455, Oregon Laws 1937, are payable in the manner pro- vided by ORS 287.006; except that ORS 287.006 shall not apply to bonds payable solely from revenues. 223.925 Power of cities to secure pay- ment of bonds. In order to secure payment of any bonds issued pursuant to chapter 455, Oregon Laws 1937, and interest there- on, or in connection with such bonds, any municipality may: (1) Pledge the full faith and credit and taxing power of the municipality to the punc- tual payment of the principal and interest on such bonds. (2) Pledge all or any part of the rev- enues received or receivable by the munici- pality from any public works project then existing or thereafter to be constructed for the punctual pll-yment of the principal of the bonds issued for such public works project, and the interest thereon, and to covenant against thereafter pledging any such revenues to any other bonds or any . other obligations of the municipality for any other purpose. . (3) Provide for the terms, form, regis- tration, exchange, execution and authenti- cation of such bonds. (4) Covenant as to the revenues to be charged in connection with the public works project for which such bonds are to be is- sued and as to the use and disposition to be. made thereof. (5) Covenant to set aside or pay over reserves and sinking funds for such bonds and as to the disposition thereof. (6) Redeem such bonds, and covenant for their redemption and provide the terms and conditions thereof. .-\ I ! 223.930 Streets along city boundaries or partly within and without city. (1) Any city may construct, improve, maintain and repair any street the roadway of which, as defined in ORS 483.020, is along or. along and partly without, or partly within and partly without the boundaries of the city and may acquire, within and without the boundaries of such city, such rights of way as may be required for such street by dona- tion or purchase or by condemnation in the same manner as provided in ORS 223.005 to 223.175, except as provided in subsection (2) of this section. (2) In any condemnation proceeding pursuant to subsection (1) of this section, a city shall not have any right of occupancy or possession until the condemnation judg- ment is paid. [1955 ..551 Pl /"--.....;, , I ,--<.- CERTIFICATE OF LEGISLATIVE COUNSEL Pursu~t toORS 173.170. I, Robert W. Lundy, Legislative Counsel, do hereby certify that I have ")rnpared each section printed in this chapter with the original section in the enrolled bill, and that the sections in this chapter are correct copies of the enrolled sections, with the exception of the changes in form permitted by ORS 173.160 and other changes specifically authorized by law. Done at Salem, Oregon, .. Robert W. Lundy on December 1, 1971. Legislative Counsel /' ..,. '\ 368 " APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Owner's names:_ McGUptE, Gl};:th and ~aDcy Description of property :-<--Lo! ,21, Bl 5, Ti'"1berline Subd. . .'--- Account Number and Tax Lot Number: 'lS'CA-l06 ,~- Street Address: 988 Starlite Place - ,.. We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: 2/( I; 3 ,~(i n_OO, \< Property Owner ~lA0-t.( Date: Property Owner ,J / APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Des\,ription of i::::'{~J &~ Il~;J. d~f~ #=.5 Owner,'s names: Account Number and Tax Lot Number: S-J- /0/ Street Address: .3'1/ tJ/fr-<l' ~ We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: J(~,,- ~~ c. .'St Owner \ Propert Date: ~~1:~.~ V~t?~~ <'./ )> ":>1.9 :z ::>.J D dU( 1 19?~ , ~f / APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Owner.' s names: ~/A r ~ _, Description of Joperty: :z:,!7 -#7" & '7 1//u..L 7!:e;J"" #3 Accoun t Number and Tax Lo t Numbe r: ..1"',4 - //,.1 Street Address: 379 V-::r.r J We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: ~SLY ~ Property Owner Date: JUL 1 '2 '\913 ,,/ APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Description of p #3 Owner.fs names: Account Number and Tax Lot Number: fJf -//3 Street Address: ..376- ~~ .J We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: .x~ Property 'owner "D .~ C-- ~ \ Pro Date: JUL 1 2 1973 f,/ APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Des~ription of ~{~ property: ;;tY..;#-d LI! l' #~~_h#3 Owner.' s names: Account lIumber and Tax Lot Number: 6.1/- -//1' Street Address: 37/ &~~_~ We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: Ytl Property, ~~~ Owner \ . Date: JUL 1 21973 ,,/ APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Description of c:: ~ #7 ~~?f/~/ -;#:i" Owner.' s names: Account Number and Tax Lot Number: ~<9--~/1-- 3-~~ We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Street Address: .5'1, 7 . Date: J.~~,,- ~--r4 C ~ Proper;ty Owner . Date: JUL 1 ~ 1973 vi APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Description of ~J~ froperty: ~#~ &7 ~//;/V~~ #3 Owner.' s names: Account Number and Tax Lot Number: SIf -lit Street Address: ..303 ()::j~ ,P. We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- t~onment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: XXs b~ ... :>t Owner " Date: JUL 1 21973 v' APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Des~ription of t:.'. ,: 1fJ!;; roperty: '#" . Pi El~~~3 Owner.fs names: Account Number and Tax Lot Number: ,s-1J-117 Street Address: -':;>tf,b-:~ . f3:! We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: X S?,'~ ~ ---' ~~y Propert Owner \ Date: JUl 1 21913 ./ APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Owner.' s names: ~"y~ property: #/IJ &1 4~~~"f ;#-$ Description of Account Number and Tax Lot Number: ~J,1- //~ Street Address: ..3~/ ~// We, the owners of the above-ent tIed property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: XSl~ Prope ty ~---' "'~ Owne r \ Date: .it; 1.u 197a ./ APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Description of #3 Owner.'s names: Account Number and Tax Lot Number: ~1,1 --/19 Street Address: -K'J' ~# We, the owners of the above-en itled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: x~ Property ~""''"' Owne r \, ')1- Date: JUl 1 ::; 19?3 / APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Des~ription of property: . 7763 Owner.' s names: Account Number and Tax Lot Number: .6,4- /d?O Street Address: ...J'.s-6.-',,~ tfl::! We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty . (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: fJQs Property {l.J ~ ~ Owner \ Date: ....~, " '., JUL 1 ~ 1973 / APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Owner.'s names: Description of Account Number and Tax Lot Number: ~~ --/'02/ Street Address: 3L/..5~ ~ ~L We, the owners of the above-entitl d property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: R ~ D~~ Propert 'Owner ~ Date: JUL 1 J 19/3 I APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Owner.1 s names: ~ ( ~:J::~ . !:operty: ta#/f' //1' rf~zI$fg #5> Description of Account Number and Tax Lot Number: -r1J-/;l.d Street Address: -8..3/ ~ tl:1! We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: x~ ~)~~ Property Owner ' Date: JUL 1... 18/3 APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS ~/ Owner.' s names: dt?A/E5 ..; ~IfY/lA/T I joT t !3" 9 C vier t0UMC: #5 Description of property: Account Number and Tax Lot Number: F-4-/;i3 Street Address: 95-0 C'l'lI/f),!Jyor <fr. We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: xu {S Proper y Owner Pr Date: JUL 1. 2 1973 1/ APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Owner.' s names: J~ /liB of .!3 fi Y /I 4/7 I j.//T ~ 13l 9 a J/d7 J/;uMr #3 Description of property: " Account Number and Tax Lot Number: 5A- /;2 'I Street Address: 97'0 t/ / t' ,tj)t?/Vt' /f' ~/, We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: Date: JUL 1 :~ 1973 ~ APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Owner.' s names: J'/J ,A/ C5 -I f) try,?'!;! I Description of property: kor ~ 13l- r; cPt/lET j/;tJ.,ur ""_3 Account Number and Tax Lot Number: 5' A-/;l~ Street Address: C)Jo !,'j E;!/ ZJ{) IV ff /( 57'. We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: X~ Property! 'G~,.. \t Owner \ Date: JUL 1 '" 1973 ~ APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Owner.' s names: JIJ AiE5 0/ b/?'Y/lA// / JOT) l3z 9 t?V/t:T {//,<LA(E $3 Description of property: Account Number and Tax Lot Number: S- ,4- /) t Street Address: 1:Jc CtHOtllyf/l 51: We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: ..Rb \\v~o....~ Property Owner . p Date: JUl 1 L' 1913 --_.._._----~'~---- ./ APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Owoo". ",mom, ~ I ~ Description of V:operty: #...5 &fY t?.I//;.L/~"" :;;f!:.:;> Account Number and Tax Lot Number: r,1-/5,q> Street Address: ..3-'/tJ /(~ h We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: j\ .~3t 'b~ ~\t l Property Date: Pr JUl 1 2 1973 v APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Description of Owner,1s names: Account Number and Tax Lot Number: ~J/-/.:J~' Street Address: 300 ,~,/JL We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Property b~l'~ . Date: Date: JUl. 1 21973 v' APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Owner's names:~{~ Description of property: ~# / P J7' 1Jl.....uc4I-7/.~..<', #:5 Account Number and Tax Lot Numoer: 6 -1-/A!J~ Street Address:~q00 ~~P/ We, the owners of the 'above-en itled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof, We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: x. ~ 't:l ---. J PropertyrOwner ~ Date: JUl 1 21973 t) APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Description of b-J~ pf!operty: ~;tC.;( &:1 ;pu;~ 7)'1/7-<-.-#3 Owner.' s names: Account Number and Tax Lot Number: ~;4 ~/~;(. Street Address: 731) .~-'/ We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- t~onment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: J{ -2-.:.5) (S --..--. ~ ~ Proper y Owner I Date: JUl 1 ::; iSla v APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Owner.' s names: J>lI1/E 5 y !3~v",#r l.t>T / J3.l 1 tPo/lfT }//.l.l4t;E #3 Description of property: Account Number and Tax Lot Number: F /1-/S3 Street Address: 9:20 c:; /! /Lf O/l/N' f '!:T. We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: R~ \S~~ Property Owner . Date: JUL 1 6 19/3 t/ APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Owner.ls names: dO/JE5 ..; 1311 YA#/ , Description of property: }t''r! 131/ irE A/<j/tYt:-r(5A/ ? ?'I3F . Street Address: C !f1'>TVIEJr / ~- [)- /";'/ tJ 'I 'otJi/E'( Account Number and Tax Lot Number: We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: \~ \?J ~')t Date: JUL 1 ~ 19/3 I APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Owner's names: doiVE..5 .; J3;rYII,l/T , Des~ription of property: ,LIlT.3 /31. / jr E 4/~ /)'470,y 5'Pb P. Account Number and Tax Lot Number: /7)) -/'/"'71 Street Address: /JOY $If ,,4 )/f We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: "3=;} Property wner Date: JUl 1 .. 1913 v APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Owner's names: "To /lie) Y !3/fYItA// I Description of property: 107 r !3L / kftA/frIN47,jA/ 5t'J.3P. Account Number and Tax Lot Number: /~ D- /,/03 Street Address: !3/fI5TP,t ,! !)ovc~ We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: R~ ~~('~~ , Property Owner P Date: JUL i :.1 1973 ~ APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Owner,' s names: J?i tV 55 -113 If YA#/ , .1 n / I3L:2 Ire #~/A;4-nY 7t-'!!P Description of property: Account Number and Tax Lot Number: /Y f)-I'-III Street Address: c trT7Ti/IF),/ y p&J/c/( We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: ~- Date: JllL 1 ~ 1913 v APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Owner.' s names: 117 AI C') <I 3 t[y,4/V! ( ,in;) /),t J irE #5'/4'4 T~;1/ ~>gp Dessription of property: /!? !> _ /~t?i:j Account Number and Tax Lot Number: Street Address: f)orTlr 4rc. . We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: J-\L\ G~~ , Date: Pro JUt 1 ~ \973 ~ APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Owner.' s names: ;To IV E.5 oj !3 If V /I A.// / Description of property: In 3 13; ;2 !rEAl"/,#" T~,v .5t/~p . Account Number and Tax Lot Number: ;~ j)- ;f'i!F Street Address: J)Oi/E/1 A 1/$ We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: ~ Q....~ Property \S -. O--~ Owne r \ P Date: dUL 1 ;;, 1973 APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Owner's names: ,T,;; NE5 .,; f31? Y AI A-I I Description of property: JOT i /32 :2 irE A/5/1Vt; T~N 5 t/!3P Accoun t Number and Tax Lo t Numi)e r : /-,!J - /7''':2. Street Address: f) !?/'yrh; .; f)", v' U? We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: A~"\ Property '0....... (1 Owner . s<r p Date: Jut. 1 .. ,~(3 ;.JUl 1 2 1973 r/ APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Owner.' s names: T;;> ),1 j c/ !3/?Y-4IVI I JOT I !3L -3 ff-CtllN,/I4TO,l/ 5~tJp. Description of property: Account llumber and Tax Lot Number: IS'./J- /"//1 Street Address: e Jfe5T j//f)'/ OJ? We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty . (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: x~ Property \S~"'~ Owner '\ Date: -aUl '\. 2 \9"13 / APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Owner's names: dO I//es l' !J If 'I ,4 ;VT I leT' ;J /3;. J kJ: A/ NAtae ;Z/ :7tJ t3 P Description of property: Account Number and Tax Lot Number: /~-.fJ- /'116 Street Address: C !fEn-VIPv' [/If' We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: ~L,-\S___~ Property Owner \ Date: JUL 1 6 1973 ./ APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Owner.' s names: ;JIJ;V c5 01 iJ/f YIf,vT / 3 !3J. J ff-f j/5/~t:7CAc 5",'11.0 Description of property: jC7 Account Number and Tax Lot Number: /~[)- 1'I1f' Street Address: C fi' E77 y If)./ [)/f' We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- t~onment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: , Date: JUL 1 2, 1973 .. ARCHIE C. FRIES Mayor GERALD R. ALLEN Councilman FRANK O. BRANTLEY Councilman JAMES L. CONKLIN Councilman ROLAND McCANNON Councrlman WILLIAM P. ROBLE Councilman AUDREY H. SODERBERG Councilwoman BRIAN L. ALMQUIST City Adm'inlstrator L 6 1973' C I T Y ,d13 C I T Y OF ASHLAND .1'-' HAL L ASHLAND, OREGON 97520 telephone (Code 503) .482-3211 ~,j July 2., 1973 Mr.. W. G. Hartley, Mr. S. Cook, and Mr. T. Delsrnan 1981 Mohawk St. Ashland, Oregon Gentlemen: This letter, along with the attached statement, is to advise you that on June 19, 1973, by ordinance 1778, the Council of the City of Ashland levied an assessment against your property for annexation fees. Prior to the annexation of your property, there were ordinances which dir- ected that assessments be levied for the installation of trunk sanitary sewers and fire and police protection, but the mechanics of assessment were not firmly established, with the result that some were paid and some were not. In order to treat all owners of annexed properties equitably, the Council has now directed me to collect the unpaid an- nexation fees. Therefore, you are hereby notified that the assessment must be paid to the City of Ashland on or before August 1, 1973, or you may sign the enclosed application to pay the assessment in 20 semi-annual install~ ments plus interest at the rate of six per cent annum, in which case the first payment will be due on or before February 1, 1974. Interest will begin to accrue on August 1, 1973. If you have any questions concerning this matter, please feel free to contact me. fi::~l~Ofj~ aovs~;: M. Butler City Recorder JMBjph APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS 0,.",'. ...""ttJ~ ~ d ~ Description of property: #.3' R I a/l'A'.A- ~/.L , Account Number and Tax Lot Number: /~ A9~--/~/~ Street Address: ~ 0/ ~/\A.i'V We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: ,~~ad Date: ,i'4~'</ ~JZ"7 Prop ty Owner ~jG _0 ~~ 'Ul 1 6 1973 v APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Owner's names: '1/ ~/I~/s/ L~'-d/ I ::I A/~ -i~ Des!,ription of property: U#...1- .& / ~,~ Account Number and Tax Lot Number: /6 >>tL - /j7/y:' Street Address: ~A~~~ We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: ho~;f~ A~''1<#d4~' Prope y wner / Jt~ " f{)~ .~ Date: '4\UL 1 \) 1~(3 v APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Owner's names:~lLzt Jr~~ t/d ~ ' Description of property: ';;t../#;; .ft: 7 ~ ;('~ . Account Number and Tax Lot Number: ,0- ~tl-/j7// Street Address: /Jl-rlA'~~ :I ;;t'~/ We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: -d~~ Property er Date: # ' ~~". 7 ~ " , '/c (' /.,' ~, AAf' / ~ t? c, '"o,.""oJk: ~2 -!J.L, -~ ~ <> ( \)Ul 1 6 \973 v APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Owner.'s names:c-;d1ir/1~J.~,cd ~ Description of property: ~#/ & ,9 ^~/1A-'/~ Account Number and Tax Lot Number: /'jEd -/.;:Y/,tC Street Address: e~ 11- ~./ x:II We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: ,"o&ilp (b.;C! ..i1-"11 ,/.( ~~~L Prape y wner ~ 0~ iDJA .~ Date: JUt 1 6 1973 '( APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Owner's names:'-1d1;;;zdl/.J~ 0):1 ;;v~ . Description of property: ~#f a-cL? ~'u,..'<(J y~~ Account Number and Tax Lot Number: /~~;YIl-JJ7.;{Lj' Street Address: .~./~~ ~ vi ,:;;;~, ~ We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: h~/hr/ Date: '#Ldfr/#a.4 Proper Owner ~ te- f0 .).. r - JUL 1 6 1973 ~ APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Owner.'s names:Uj~1d~ v~~ . Description of pro~erty: -# & /, ...<~/-<"U Account Number and Tax Lot Number: /.5~fld,-;p'..</ Street Address: ~~ ~ We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: dt"~ Property 0 r Date: er / fi)~ ., -Jl." c: 4:lI dUl 1 6 1973 , APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Owner's names:ft(~0d ;;d,vd ~. Description of property: #-.5 ~ /lJ r ~ ~ Account Number and Tax Lot Number: /~~IL-J?.;(.:? Street Address: ;(:;.../A..J !/#_ We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February I, 1974. Date: AJ:;~ ~yI Property Own Date: /?A.'fd#~: Proper 0 er / ~~ p~.l/ - JUL 1 6 1973 , APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS owner'snames:~~/~hL/vY.~ . Des~ription of propertY:~#A- & /c7 ~ ~~ Account Number and Tax Lot Number: JJ.1)j)-,;{tJff Street Address: ~~~ ~~ We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: 1~ ~~ {!r, Property 0 ~ Date: ~/~ ;/vt-,.(,t/ Proper Owner ~ 0~~~~ JUL 1 6 1973 / lie,", ( /, ~:.,../ ~-/ ' I t '- !..-,('4~"> : /'/ t 1(( j ) (' " ( I /1 rl ;2" / ;" -, , ( 1.-/') <<2..-/./1:-/ t c. r ( .. '-/ I APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Owner's names:~~~~~Y b . Description of property: #/ _ . ~, Account Number and Tax Lot Numqer: /3-"f)/f} -'~ tJt!/ Street Address: ~~,~~~ ../'L We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- t~onment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: ~~~ Property Ow Date: ~~ JUl 1 6 1973 ..' APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Owner's names:~~~vY ~ . Description of property: #;<.. &- /..;< ~ ~~.-<.J Account Number and Tax Lot Number: 1..5-~P-.;j/6- Street Address:~.-.' -L ~L, We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: ,,~(;r ~~ #~.~~<f'~ -]1:"" :wnop.D~ Date: JUl 1 6 1973 , APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Owner's names:'1d~~.vI. ~,VJ. ~ . Description of property. ~#.3 ill /o? ~ ~~ Account !'lumber and Tax Lot Number: /~M-::</'/ Street Address: ~ A~ _L ;;!J/ We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: ,d:4. ~ ~ / g;'7 / / {. '/, 'd. ~. Proper Owner' ~ / /11 . --.:5~ f ~ ZJUl-..., - Date: JUl 1 6 1973 -, APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS 0.,".', ..,",,7tl9d.,~J. ~y. ~ Description of property: 1-# . ~ ~ ~, Account Number and Tax Lot Numl)er: ,Is-,):},,[)-d{'/3 Street Address: ~ A.J f75L. We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: ,.,~.~ ~~ 71 . % /' ,-:ll~~ 4 fjfl;:7),./ Property wner (\ 1v"" ~f0~ Date: JUl 1 6 1973 APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Owner's names:7i!~lrxI~vY ~ . Description of property: ~ #.,3--' &! /,;z ~...., ~, Account Number and Tax Lot Number: /~ ~J}.-c:(j.:<.. Street Address: ~ ~P:?;. We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: .~~tb~ Property Own Date: , --:1.! e 't? G fSJ~ .JUL 1 6 1973 J APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Owner's names :_~V !///l/ffT!'(~ 5..CCdk. _7 / ~ /3J- . :I. T f)/iS/o//fA/ /2. _ 7L 1r/?/1 j/~iJA c." 7'://..'P , Description of property:~)~;- Street Address: - /~ jJJ)-.,l.L_ 1:,1 /11 /Iff ff.tlr P /..4C.c Account Number and Tax Lot Number: We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: g;f~ Proper ty w . . Date: JUL 1 6 1973 APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Owner's names: 7t/~ J./~.<>I-'d ~, . Des~ription of property: ~#/ & /.5 ~ ~~_ J Account Number and Tax Lot Number: /s-.1)tf).-c:(/t/- Street Address: ~-pL ~ zjDp:! We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: 4~ a,~ Property O;:;~ .. Date: ~~ Property r S)~ f ~ --l.- - --.J - - - JUl 1 61913 APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Owner's names:7f/~,/,~, ~~/J ~/ Description of propert : ##.:1 & /.J' ~ ~;_ ..d'., Account Number and Tax Lot Number: /.s--,j)~-d<i7 Street Address: ~ ~~ We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: ,et,4:;kt 1~(:&- Date: JUL 1 61973 APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Owner's names: 9Jtf9L -VJ~~ ~ . Description of property: ~ 1/ &:9 ~-A- ~./ Accoun t Number and Tax Lot Number: g-- PI! -1'r/;7 Street Address: )jf~ _X:II: We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: 7~ 7:) ~~ ~:~ Prope y Owner/ , Date: 7~ 7::5 p~~ o~~ zI~(f ARCHIE C. FRIES . Mavor GERALD R. ALLEN Councilman FRANK O. BRANTLEY Councilman JAMES L. CONKLIN Councilman ROLAND McCANNON Councilman WILLIAM P. ROBLE Councilman AUDREY H. SODERBERG Councilwoman BRIAN L. ALMQUIST Citv Adm'fnlstrator C I T Y OF ASHLAND C I T Y HAL L ASHLAND, OREGON 97520 telephone (Code 503) -482-3211 July 2., 1973 Mr. and Mrs. Wesley G. Hartley 1981 Mphawk St. Ashland, Oregon Dear Mr. and Mrs. Hartley: This letter, along with the attached statement, is to advise you that on June 19, 1973, by ordinance 1778, the Council of the City of Ashland levied an assessment against your property for annexation fees. Prior to the annexation of your property, there were ordinances which dir- ected that assessments be levied for the installation of trunk sanitary sewers and fire and police protection, but the mechanics of assessment were not firmly established, with the result that some were paid and some were not. In order to treat all owners of annexed properties equitably, the Council has now directed me to collect the unpaid an- nexation fees. Therefore, you are hereby notified that the assessment must be paid to the City of Ashland on or before August 1, 1973, or you may sign the enclosed application to pay the assessment in 20 semi-annual install- ments plus interest at the rate of six per cent annum, in which case the first payment will be due on or before February 1, 1974. Interest will begin to accrue on August 1, 1973. If you have any questions concerning this matter, please feel free to contact me. Sincerely yours, ~~ ~,L3~ tl(o~:;h M. Butler City Recorder JMBjph APPLICATION AND AGREEMENT TO PAY ANNEXATION ASSESSMENT IN INSTALLMENTS Owner's names: 4J..t.E(//, , If, i1. of !3 /I If /}A;P A ).n:2 131 2. j3/UV/f ~9?, /1j;J Description of property: A 5///'/)/ f) , t7 If rt /68- /7'01 Account Number and Tax Lot Number: Street Address: F/EkOE/( 5r We, the owners of the above-entitled property, do hereby waive all irregularities or defects, jurisdictional or otherwise, in the proceedings for which the assessment is levied and in the appor- tionment of the cost thereof. We further agree to pay the City of Ashland the principal amount of the assessment plus six per cent (6%) interest per annum on the unpaid balance in installments of twenty (20) equal semi-annual payments, each to include interest to date of payment, with the first such installment to be due and payable to the City of Ashland, Oregon on or before February 1, 1974. Date: ~ J-e' -;7..;? ~~~ I?~ , roperty Ower Date: 7--J"~ ~7.3 --> /' QS~d;~-r"k ...-:; =" ./ Property Owner ~~7 -'- --- ARCHIE C. FRIES Mayor GERALD R. ALLEN Councilman JAMES L. CONKLIN Councilman ROLAND McCANNON Councilman GARY PRICKETT Councilman ~ WILLIAM P. ROBLE Councilman AUDREY H. SODERBERG CouncHwoman BRIAN L. ALMQUIST City Admininstrator C I T Y o F ASHLAND C I T Y HAL L ASHLAND. OREGON 97520 telephone (Code 503) .\82.3211 July 26, 1973 Mr. Elio 1241 So. Anaheim, Ronconi Walnut Street California 92802 Dear Mr. Ronconi: This letter, along with the attached statement, is to advise you that on June 19, 1973, by Ordinance 1778, the Council of the City of Ashland lev- ied an assessment against your property for annexation fees. Prior to the annexation of your property, there were ordinances which directed that assessments be levied for the installation of trunk sanitary sewers and fire and police protection, but the mechanics of assessment were not firmly established, with the result that some were paid and some were not. In order to treat all owners of annexed properties equitably, the Council has ~ow directed me to collect the unpaid annexation fees. Therefore, you are hereby notified that the assessment must be paid to the City of Ashland on or before September 1, 1973, or you may sign the enclo- sed application to pay the assessment in 20 semi-annual installments plus interest at the rate of six per cent annum, in which case the first pay- ment will be due on or before February 1, 1974. Interest will begin to accrue on Septemeber 1, 1973. If you have any questions concerning this matter, please feel free to contact me. Sincerel~ yours, Joseph M. Butler City Recorder JMB/ph , . ~ , " . . v Name My <!lit\! of J\s~lttnd ST A YEMENT OF CITY LIENS (1.1 ;t t (/ Ashland, Oregon ~~~ Addres< lot Block / ,/3 /.$,tJ,>~ _ / crvp 5v';1Ip 1s-13 197:> , - Addition Date Assessed t- /9- 7) Improvement t!!~ Originol Amount of lien /~ -'/'?/"'t~ CJ ,p I Paid on Principal Balance Due on Principal Interest at_%, From to Pena Ity Costs Total Amount of lien, to tl-I- 7, Principal $ Interest Installments Now Due Pena Ity Casts -~ Total Remarks: ~'tIje with your remittance.) . I $ IN '1/ 11</.1<'/ $ II'/. ;/ .~ $ City Recorder RONALD L. SALTER ATTORNEY AT LAW P. O. BOX 727 AREA CODE 503 TEl.EPHONE 482-421 !IS 70 NORTH PIONEER STREET ASHLAND. OREGON 97520 May 30, 1973 Mr. Joseph Butler City Recorder Ci ty Hall Ashland, Oregon 97520 Dear Joe: Re: Assessments Our File A-24-A Concerning the land described by you as "other annexations" in your analysis of the annexations of May 12, 1973, I suggest that the following reply be used to any requests for a City Lien Search on such land: "Ordinances 1201 and 1342 prescribe an assessment of $ on the land described. An Ordinance has been prepared imposing this assessment. Said Ordinance will be presented to the City Council on June 5, 1973, and may become effecti~e June 19, 1973." '7)~ t=l~,r~_ ~~ SALTER City Attorney RLS/dl RONALD L. SALTER ATTORNEY AT LAW '10 NORTH PIONEER STREET P. O. BOX 72.7 ASHLAND, CRE:GCN 97520 AREA CODE 503 TELEPHONE 482~4215 May 31, 1973 MEMORANDUM TO: The Mayor and Members of the Common Council FROM: Ronald L. Salter, City Attorney SUBJECT: Annexation Fees At your request I have prepared an Ordinance which imposes an annexation fee of One Cent (19) per square foot on all land annexed to the City of Ashland' in the future. This is what may well be called "innovative legislation" and, as all such legislation on subjects which have not been tested in the courts, is subject to the possibility of being declared invalid. However, the property o\omer will nRVP r>,.-,~--:-:-_::::: ~~ ~~:h_ ,...\,'u, .. p :-:::~':'~:'-...":'. .............;.,.,;.:.." ..La.!"";' ..... . ,..~.,~--.___.... I .....'-"-............................................ l I benefit in the availability of the existing city utilities and other city services. Thus, I do believe that the odds favor the court upholding the validity of such legislation. We.have discussed the question of the validity of Ordinances No. 1201 and No. 1342. As I have said, the procedures involved and these Ordinances do present complex and substantial legal questions as to their validity. As requested, I have prepared an Ordinance levying the assessments as called for by these two Ordinances. The effect of this legislation is to continue the City's policy of collecting 19 per square foot on annexed lAnd to compensate the City for its cost of City utilities. We will continue to collect the assessments determined by Ordinances 1201 and 1342 unless a final judioid d,ddon to th, 'ont~'1F.~ RONALD L. SALTER City Attorney i I I I I RLS/dl RONALD L. SALTER ATTORNEY AT LAW 70 NORTH PIONEER STREET P. O. BOX 727 AREA CODE 503 TE1.EPHONE 4B2~4215 ASHLAND. OREGON 97520 May 24, 1973 Mr. Joseph Butler City Recorder City Hall Ashland, Oregon 97520 Dear Joe: Re: Assessments based on Ordinances 1201 and 1342 Our File A-24-A ) .:- J~ This is in answer to your question raised by your Memorandum of April 4, 1973. I believe tha t the City should " contif~ to collect t~e assessments levied by Ordinance (2.~,NO. ~n the Bellv~ew area to the extent that they are based on Ordinance 1201 which related to sanitary sewers. The City should not continue to collect any other assessments based on Ordinances 1201 or 1342. T~~pecifiCallY includes ~(I the assessments levied by Ordinance .... which were based on 'G. Ordinance 1342 relating to police and fire protection. Also, when a City Lien disclosure is requested on land other than the Bellview District which has been annexed to the City there should not be indicated any lien for assess- ments based on Ordinances 1201 or 1342. It is my advice that you operate in accord with foregoing unless the Council indicat:3'__.<Ol<:;,~!:l:.!EaEY~.,d13si.~e. you have any questions please feel free to give me a call. ve~.t ~RONALD L. S TER Ci ty Attorney -4 <I / IX . $" I ~<:-;;~. ,1;., t:. . 4,./$.", 1(\ ,. /"I.' the If ,. .:Z: '1/ ,.' > I. -'I,.. r'"..- \',.-' RLS/dl cc: Brian Ahlquist City Administrator /' l..._.,_ 4 -:;fr' /... . "''''"P /1;/ ,/ 011(/ r.;;:-,j:' , .<' A "".d,C; /,;" -~.'" lta..:~ b,r.-~",> dst.t III". ) ~ e U;. ~ne!a strict lU bo ~rO\'L ~nt d fUM n 141 f~ l'ith;~ tad. I only ~ncta.. main- :s apo L istrict such Ie in. """.... illbo : such lalloo 'y tht from landl lSillo. errer:: rt r , pub::: leas("~ Ish,,:: :h tht )I1lID' 'ollt~' eetl'" r sh':: It\' h . , maJ {un,!, If th' . ..( pt'l ;' lit t ~ ~ n\', "....'~., .- .."_....~-""--"...."..""'.,,..,,_. ,..."." - COUNTY AND MUNICIPAL FINANCIAL ADMINISTRATION fi 294.105 (2) The county fiscal officer of a com- ",unity college district, as defined in ORS 341.005. shall credit to the general fund of the .!istrict all interest received from any invest- ment made by funds in the hands of the (Ounty fiscal officer. If the entire investment ;s Illade from a specific fund, however, the county fiscal officer shall credit the interest to the fund from which the investment was made. [1963 ..316 ~1; 1971 ..513 ~Ml Z94.085 ExamInIng books and papers of county officers. (1) The county court or board of county commissioners. while sitting for county business at the regular terms in January and July of each year. shall care- fully examine all books and papers relating to the financial affairs of the county offices of county clerk. clerk of the county court. clerk of the circuit court. recorder of con- veyances, treasurer and sheriff of the county. (2) The county clerk and clerk of the county court shall exhibit the numbered or- ders and vouchers referred to in ORS 'J04 /\Qn tn.."th"r with the stubs of the war- m~: ~d -all other books and papers relat- ing to the financial affairs of the county. for the inspection of the county court or board of county commissioners at the time provided for in subsection (1) of this section. 294.090 County orders and vouchers to be numbered to correspond to warrants drawn. The county clerk and clerk of the county court shall number all orders and vouchers with numbers to correspond with warrants drawn. 294.095 Action or proceeding with re- lpect to budget or levy; fiscal year with respect to which taken. Wherever it is pro- vided by law that any action or proceeding of any county, city, school district or other municipal corporation or body politic shall be taken with respect to a budget or tsx levy for the calendar year, or for a fiscal )'ear closing on any day other than June 30, each such action or proceeding shall be taken with respect to the fiscal year com- mencing on July 1 and closing on June 30. ~ 294.100 Public official expending money In excess of amount or for different pur- pose than provided by law unlawful; civil liuhility. (1) It is nnl.wfuLtClr any publi.c official to expend any money in excess of _.' .. 1037 the am01Ult!!,. 0.1' f..<>!_!LID'.. other o.r~ferent purpo!;le than provided by law"-- .. . (2) ~lU1y public official who expends any public money in excess of the amounts;- or Tor any othe!,..J:!r. Jliff.p....nt p11r1lose 01:. pur- IiISeB than autho~lIy Jaw, shall be civ- I y liable for the return of the money by suit of the district attorney of the district where the offense is committed, or at the suit of any taxpayer of such district. (3) On the demand in writing of 10 tax- payers of any municipal corporation with a population exceeding 100,000 inhabitants, filed with the tax supervising and conserva- tion commission in the county in which the municipal corporation is situated, which de- mand sets forth that a public official or public officials have unlawfully expended money in excess of the amounts or for any other or different purpose or purposes than provided by law, the tax supervising and conservation commission shall make an in- vestigation of the facts as to such expendi. tures. If the tax supervising and conserva- tion commission finds that moneys have been unlawfully expended, the commission shall proceed at law in the courts against me puiiiic vr1:~"iir.~'; .....,,-~~ ~~...~ '.:!'J~qrfnlly py. pended the moneys for the return of the moneys unlawfully expended to the trea- sury of the municipal corporation. A right of action hereby is granted to the tax super- vising and conservation coD1D1ission for such purpose. 294.105 LimItation on expenditures In counties of 50,000 or more; llabillty of offi- cers exceeding limit; emergency levy. (11 The county expenditures, in counties of 50,000 inhabitants, or more, shall be con- fined to the amount of the annual levy there- for. Members of the county court or board of county commissioners. or any other coun- ty officials, who authorize, incur, cause, or create, or officially approve, any expense or liability for the county in excess of the amount of the levy made for county expendi- tures, shall be jointly and severally liable, individually and personally, for the amount of such excess. "County expenditures" in. cludes roads, bridges, and ferries, support of poor and interest on warrants, as well as the usual and ordinary expense of the county government and salaries heretofore included in the classification of the county tax and road tax; but does not include school, park, library or bounty tax. (2) The county court or board of county --~...,-"'~ ;>:., rll , m Z C m w ;. 0 ~ z W 0 N ~ ~ :> x ;. -< 0 z i I 1 i I . j 1 I 1 ; , l j 1 j j , j , J I , 1 I a.,/' ~ F- f;J-75 !3til V/t~:__ ten,!) 'I Cpu1t.rn:> . P/..tI~ .z 4-rElln7 6t ;J 3/,;J6 t, ~S.J,;16 ~ t>/.:>-. II )~ 9;:3~, 5'7 J9, p~, 73 7<5. LP.!>-/ , Cel-JUl.("_ A'_Al. t/A-.:!I'IMIIU,? J.,,G}//~D 13"'7. IVcr en.j.&t.7'~o p,c r,E/i'Il~t> A~f) )NT CIIJ,i,;<7-#,E) n __ rJTfI $1( A /VAlE PI /"N4-'> - -. S' (/ /JPIYI, ,,,11/ (nr .911',.e t). ___.._ 'l3/cl3EI? _.._n.____~ f}J.AC/r. OA/f_1.E/lH.,Atc______ . CLef/hi ..L-f.vc c: tE;}'PA;"~ COij.Fe?',!:E) thvtvl-k,E~7-e~ .._ ~ -,s-t, 9t) ...,.__.j~ ~.f t:> 5'5";1,7/ -0- -0 ~ f. tjO.st '/ j/tfl't /( e/~"j/ JV4 TN/' /1Aff! :;-,f'vC C4//U:;;t'-'fH) ;VOPv't'00 .." . __________ ftM~/1/Y'1 //;&/-/ if (//$7'. J!/J.J./141' '"';';"'7 r$(f/l' II ).1A-P,Ij ~/ 731, 3 I 91'}. g I !iW,'?1 ~ 775'". ff"'D ---.. -/.., " - ? 'i /Y, ,<; 67;1. {TO '7. ~ .;1 9. ( {, / , 5'99. p 7 - . ) - -- .5;'tp().5't Y'1'i. 90 ,:,-'I'f. (/ / /f~ ~.?~ ~ YtO./3 ~~ qJ'/, 77 -t>- - C>- '1V';l. t'r _,0- - () - -0- Ti.I7,'1. 1/11' E . __n ____ VI 4' p~cll .S T, If /;I/,f'E f? (/lIlt V/~h/ PIfJ. f/l RIr ?r. ~~ "3:J 99. tJ-t / :? it'l 7. 75' ~"3 93. ~ 1;2),3"0 '3 J6, t'V' -0- -0 - /~n7. F7 l " ~------ l{r;::;OLTUION NO. RESOLUTION CALLING FOR A SPECIAL ELECTION TO BE HELD ON }~Y 7, 1973, .ND PROVIDING FOR THE SUBMISSION AT SAID ELECTION TO THE LEGAL VOTERS 'F SAID CITY, A PROPOSED ACT OF MUNICIPAL LEGISLATION TO CHANGE THE ALARY QF THE CITY RECORDER TO $12,408.00 PER YEAR EFFECTIVE JULY 1, 973. E IT RESOLVED BY Trill CITY OF ASHLAND, as follows: SECTION 1. A Special Election in and for the City of Ashland s hereby called and ordered to be held in and for said City on the th day of May, 1973. SECTION 2. That for the purposes of this Election the polling lace for Ward No. 1 shall be the Briscoe School, 265 North Main Street. hat Ward No. 1 shall, for the purposes of this Election, consist of shland Precinct Numbers 2 and 5. That the polling place for Ward o. 2 shall be the Lincoln School, 320 Beach Street, and that Ward o. 2 shall, for the purpos~s of this Election, consist of Ashland Lecinct Numbers 1, 6, 12 and 13. SECTION 3. That there be and hereby is submitted to the ~gal voters of tnp- r:i ty ()"f Acnl.Q-nrl -filT" "!:~2:':: '::~p:::-c-I,;c.l VJ.: iejeCL-LUlL t said Election, the question of whether to change the City Recorder's llary to $12,408.00 per year effective July 1, 1973. SECTION 4. The following ballot title for the proposed "asure is hereby adopted and approved and the following are the lllot title and form in which said measure shall appear upon the lllot at said Special Election: illASURE SUBMITTED TO THE VOTERS BY THE CITY COUNCIL VOTE YES OR NO. MARK "X" IN THE SQUARE FOR THE ANSWER CHANGE OF CITY RECOIWEH' S SALARY: Shall the annual salary of the City Recorder be changed to $12,408.00 per year effective July 1, 19737 VOTED FOR DYES ClNO SECTION 5. The polls for voting at said Special Election lall remain open between the hours of 8:00 a.m. and 8:00 p.m. Pacific .ylight Savings Time. SECTION 6. All legal voters of said City at said Special pl't-inn c:n:::.l1__--ca<;::.j- J::.~_.r hr~11n~-1.:!...__,~.Li~_~-1~~ ~r '11.' _ T T umbered 1 and 2 as set forth above. SECTION 7. The following persons are hereby designated and ppointed to the Election and Counting Boards in the capacity designated fter the name of each: WARD NO. 1 1st Board consisting of Precinct 2 L. Astrid Haddox, Chairman Karen Hedges, Clerk Margaret Kirsher Lvdia Crowson Clerk , Counting Clerk 2nd Boa I'd consisting Mary Lou Carlson, Chairman Roma Liable, Clerk Anna M. Davis, Clerk Sandra A. LeEC, Counting Clerk WARD NO.2 1st Board consisting of Precinct 1 Mary C. Wolff, Chairman Jessie E. Meyer, Clerk J anc K. Pollard, Clerk Minnie M. South, Counting Clerk 2nd Board consisting of Precinct 6 Leah Stringer, Chairman Evelyn Kreisman, Clerk Hildred Roper, Clerk Marian Prescott, Counting Clerk 3rd Board consisting of Precinct 12 Joanne Keeney, Chariman Margery Jackson, Clerk Trilma Barron, Clerk Barbara ~olford, Counting Clerk 4th Board consisting of Precinct 13 Fredyce Burr, Chairman Phoebe Thompson, Clerk Virginia Ewart, Clerk Mildred Randles, Counting Clerk SECTION 8. The Recorder shall give notice of such Special lection in the form hereinaftri" set forth by posting a copy of such lUces in four (Lf) public~placcs in the City of Ashlan~ and. shall lumbered 1 and 2 as set forth above. SECTION 7. The follovling persons are hereby designated and Ippointed to the Election and Counting Boards in the capacity designated lfter the name of each: WARD NO. 1 1st Board consisting of Precinct 2 L. Astrid Maddox, Chairman Karen Hedges, Clerk Margaret Kirsher Lydia Cro"son Clerk , Counting Clerk 2nd Board consisting Mary Lou Carlson, Chairman Roma Liable, Clerk Anna M. Davis, Clerk Sandra A. Lee, Counting Clerk WARD NO.2 1st Board consisting of Precinct 1 Mary C. Wolff, Chairman Jessie E. Meyer, Clerk Jane K. Pollard, Clerk Minnie M. South, Counting Clerk 2nd Board consisting of Precinct 6 Leah Stringer, Chairman Evelyn Kreisman, Clerk Mildred Roper, Clerk Marian Prescott, Counting Clerk 3rd Board consisting of Precinct 12 Joanne Keeney, Chariman Margery Jackson, Clerk Trilma Barron, Clerk Barbara Wolford, Counting Clerk 4th Board consisting of Precinct 13 Fredyce Burr, Chairman Phoebe Thompson, Clerk Virginia Ewart, Clerk Mildred Randles, Counting Clerk SECTION 8. 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OSm'tl..ro..' rtc:OIl)Ort'::s"'ro.....~lIl "_ ......-r<:noo IIlITro bl'OC.' \Q'::rll)ro;.; 11 IT:e;ro.,". lllOP,f/l 'OOn:E:ro"o.o ;;. IT... 1Il1ll'1::S~Oo."'" \O~- .......O'IlIri'O.....'111 .....1lI.,:;~. o N ,<... 11 ro " ;.;::s .,.... - ::SlD '<ri'roo,ro lDO'Q::l ::r ro lD ::s III >c ro ~ ":::: Ort" .....roP,::s;tp,,;-.. 2""c=. Ht::r 0 ... 0.. \-I" .... ,.. ro 11 lD III ::s n~ ::ro ,,': lD"lD C r. ::s III ,. IT I). i , \ , \ r , , 1, ,'--":0. t,,~~ ~ ~,,' ."\, ~ ~ :.f . . ;. ~; 'INANCE DEPARTMENT Cl1Y HAU. W. Eo Bartoli, CIty R....... 503 412 3211 O'FlCIAL .UIIIUII mUg Df i\!i~lan~ ASHLAND, OREGON 97_ Qei . S 1968 . NOTICE OF PROPOSED ASSESSMENT . '\ Attached hereto is the proposed assessment against your property ,for trunk line sanitary sewer and police and fire protection in accordance with Ordinance Nos. 1201 and 1342. You are hereby notified that any objeotions to said assessment shall be filed with the undersigned on or before the 25th day of October, 1968. 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C l1S .jJCIl~ l1S0 ~CIl>O .jJ~~ ....\ UlQlv ~~ ~~CIl Q) ~ ..oO~ g.jJ e; .jJ 0 . >ot::~>O "OQ)........ e; Ul '0 '0 >o~ CIlt::l1S0 'tlCllSe; C e; ....\ Ol1SCC o ~l1S CIl>O~C 111..0..0 ~ C ~'tl....\ '0 QlCIlSCll ....'0 ....\ ~t::Q)~ ~l1S'tl~ o Po ~ l1S o X"" 0 CIlO >0 cC ..0 CIl....\ 0 ..0 ....\ '0 O~ CIlUl~O :>~ :s 0....\ QI eeo ....\ s:: . Ul.... l1S Q) l1S C.... ~CIl....\Po t:: '0 e; .jJ0~Q) H N 0E< " '~..:c. ---l:.~ P1NANC1 DEPARTMENT w. 1..IorIoIt, CIty _ O.flCIAL atity nf i\sl11nttb ASHLAND. OREGON - ~cember 26, 1968 In response to your letter protesting the Annexation charges in the Bellview area. olease bp. ",'1,'; eo-=, ,:~,,:.._ '!:!:'- Street and Traffic Committee met on November 22, 1968 for study and discussion of this matter. In the report to the Council at the regular meeting on Deicember 3, 1968 the recommendation being that " Assess- ment not be deferred since all services can be provided". The Council accepted the above recommendation thus denying your objections to this assessment. Very truly.yours, W. E. Bartelt: Ci ty Recorder WEB:gg CITY HALL 1103.123211 IUIINI.. I I I I I ! i , i' I , j , , I I I -I Mr. Joseph Butler City Recorder City of Ashland Oregon 97520 Dear Joe: RONALD L. SALTER ATTORNEY AT LAW 70 NOF=lTI-l PIONEER STFlEET P. O. BOX 727 ASHLAND, OREGON 97520 June 1, 1973 AREA CODE 303 TEl.EPHONE 482.4215 Re: Assessments based on Ordinances 1201 and 1342 Our File: A-24-A This is to modify my letter to you of May 24, 1973. Based on further consideration and a study session of the Ashland City Council, it is now my advice that you proceed to collect the total assessment levied by Ordinance 1589 in the Be11view area and which were based on Ordinances 1201 and 1342. RLS:gm 7Z~~lY, (SRONALD L. SALTER CITY ATTORNEY ---