Local Improvements and Works Generally

ORS 223.856
Measure imposing assessments

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(1)

A measure authorizing assessments under ORS 223.851 (Special assessment for street lighting, street maintenance and street cleaning) to 223.876 (Charter authority not affected) shall specify the services proposed to be financed by the assessments, the maximum amount that may be imposed and the number of years in which assessments will be made.

(2)

Each assessment measure shall provide for the operation and maintenance of a single street lighting, street maintenance or street cleaning service. More than one measure may be submitted to the electors at a single election. Assessments for street lighting may include an amount sufficient to pay construction, reconstruction, modification and installation costs as well as operating and maintenance costs.

(3)

The measure shall provide that assessments are in lieu of any existing local option tax for the service to be provided. [1983 c.234 §3; 1999 c.21 §4]
Chapter 223

Notes of Decisions

Fact that ordinance, which charged fee to property owners taking advantage of privilege of making connection to city water system, specified that payment would be secured by liens which would be "enforced" in matter provided by this chapter did not, of itself, show that such charges were "assessments." Montgomery Brothers v. City of Corvallis, 34 Or App 785, 580 P2d 190 (1978)

Circuit court has jurisdiction to determine merits of assessment, but cannot address whether assessment is subject to constitutional limits on property taxes. Martin v. City of Tigard, 14 OTR 517 (1999), aff'd 335 Or 444, 72 P3d 619 (2003)

State statutory procedures for financing local improvements are not exclusive and do not displace consistent local procedures. Baker v. City of Woodburn, 190 Or App 445, 79 P3d 901 (2003), Sup Ct review denied


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Last accessed
Jun. 26, 2021