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
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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
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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
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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~ ~~
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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
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~ 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
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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
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CITY II'dPROVEl'ilENTS AND WORKS GENERALLY
~ 223.415
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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
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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.
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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.
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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
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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
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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.
~,~.....
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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
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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
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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.
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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
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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.
")
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, A
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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
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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
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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.
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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.
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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.
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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.
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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
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(2) No error or omission in rebonding
liens shall invalidate or impair the original
bonded lien.
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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)
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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.
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CITY IMPROVEllIENTS AND wonKS GENERALLY
~ 223.845
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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.
(
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(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.
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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
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CITY IMPROVEMENTS AND WORKS GENERALLY
fi 228.915
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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]
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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:
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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
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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
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My
<!lit\! of J\s~lttnd
ST A YEMENT OF CITY LIENS
(1.1 ;t t
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Ashland, Oregon
~~~
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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
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Total
Remarks:
~'tIje with your remittance.)
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$ IN '1/
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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
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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
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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
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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. The Recorder shall give notice of such Special
lection in the form hereinafter set forth by posting a copy of such
:Jtices in four (II,) public plac<Js in the CitL-Qf Ashland. and 8118"1
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'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. Any objections
~~~ll =~~~= ~~= ;==~~~~ ~~~~~fvro
The Council will, prior to the enactment of any
assessment ordinance, duly consider any wr~tten objec-
tions filed.
The assessment ordinance will soon be enacted:
consequently, if you desire to pay the assessment in
installments, you should promptly contact me.
Respectfully,
~~~
W. E. Bartelt
City Recorder
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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..
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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
---