justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 223 — Local Improvements and Works

ORS 223.262. Assessment contracts; transfer of contract rights by local government; use of proceeds. (1) As used in ORS 223.205 and 223.210 to 223.295: (a) Assessment contract means the obligation to pay final assessments in installments that arise when a property owner submits an application to pay assessments in installments under ORS 223.210 or a similar provision of a local charter. (b) Assessment contract rights includes the right to receive installment payments of final assessments, with interest, made under an assessment contract, and the right to enforce the lien of the final assessment. (2) Any local government that receives or expects to receive assessment contracts may: (a) Sell or assign to third parties all or any portion of its assessment contract rights. (b) Create corporations or other business entities to factor assessment contract rights. (c) Create grantor trusts and transfer to the trusts assessment contract rights. (d) Contract to service assessment contracts and assessment liens for the owners of assessment contract rights, or contract with third parties to service assessment contracts and assessment liens for the owners of assessment contract rights. (e) Serve as a trustee for the owners of assessment contract rights. (f) Enter into contracts necessary to carry out the provisions of this section. (3) Any trust created under this section may fractionalize and sell assessment contract rights. (4) Assessment contract rights, any interests therein and any interests in trusts secured primarily by assessment contract rights shall be exempt from registration under ORS 59.055. (5) If assessment contract rights that secure outstanding obligations of a local government are sold or assigned under this section, an amount shall be placed irrevocably in escrow that is calculated to be sufficient to pay all principal and interest on the outstanding obligations as they mature or are irrevocably called for prior redemption. Any sale proceeds not required to fund the escrow may be placed in the general fund of the local government. If only a portion of the contract rights securing outstanding obligations is sold, then the amount of outstanding obligations that must be defeased pursuant to this subsection shall be that proportion of the principal amount of the outstanding obligations that the principal amount of the contract rights that are sold represents to the total principal amount of the contract rights that secure the outstanding obligations.
ORS Chapter 223 — Local Improvements and Works

ORS 223.265. Payment of installments; due dates. (1) The installments due and payable under an assessment contract shall be due and payable periodically as the governing body of the local government shall determine but shall not be due and payable over a term in excess of 30 years. Each installment is due and payable with interest as described under subsection (3) of this section. (2) The installments and interest are payable to the treasurer by the property owner whose application to pay the cost of the local improvement by installments has been filed as provided in ORS 223.210. (3) The amount of each installment (percentage of the total final assessment) shall be determined by the governing body of the local government and shall be as appears by the bond lien docket described in ORS 223.230. Each installment shall be due and payable with the accrued and unpaid interest on the unpaid balance of the final assessment amount at the rate per annum determined by the governing body of the local government under ORS 223.215. (4) The first payment shall be due and payable on the date that the governing body shall determine, and subsequent payments shall be due and payable on subsequent periodic dates thereafter as shall have been determined by the governing body.
ORS Chapter 223 — Local Improvements and Works

ORS 223.270. Procedure for collection on default. (1) If the owner neglects or refuses to pay installments under ORS 223.265 as they become due and payable for a period of one year, then the governing body of the local government may, by reason of the neglect or refusal to pay the installments, and while the neglect and refusal to pay continues, pass a resolution: (a) Giving the name of the owner then in default in the payment of the sums due; (b) Stating the sums due, either principal or interest and any unpaid late payment penalties or charges; (c) Containing a description of the property upon which the sums are owing; and (d) Declaring the whole sum, both principal and interest, due and payable at once. (2) The governing body may then proceed at once to collect all unpaid installments and to enforce collection thereof, with all unpaid late payment penalties and charges added thereto, in the same manner in which delinquent property taxes are collected under applicable law or, in the case of a city, in the same manner as street and sewer assessments are collected pursuant to the terms of the city charter.
ORS Chapter 223 — Local Improvements and Works

ORS 223.275. Notice to pay; receipts and entries on lien docket. The recorder of a local government shall, when installments and interest on any final assessment in the bond lien docket are due, make the proper extensions of the installments and interest on the bond lien docket and turn the same over to the treasurer of the local government. The treasurer then shall notify the property owner that the installments are due and payable, but a failure of any owner to receive the notice shall not prevent collection of the installment as provided in ORS
ORS Chapter 223 — Local Improvements and Works

ORS 223.280. Right of owner to prepay balance and discharge lien. At any time after issuance of bonds under ORS 223.235, any owner of a lot against which the final assessment is made and lien docketed may pay into the treasury of the issuing local government the whole amount of the final assessment for which the lien is docketed, together with the full amount of interest and late payment penalties and charges accrued thereon to the date of payment. Upon producing to the recorder of the local government the receipt of the treasurer, the recorder shall enter in the lien docket opposite the entry of the lien the fact and date of the payment and that the lien is discharged.
ORS Chapter 223 — Local Improvements and Works

ORS 223.285. Separate funds kept for moneys received; investments authorized. Any treasurer receiving any payments of final assessments or interest on unpaid installments by virtue of the Bancroft Bonding Act, shall account for the payments separately from other funds of the local government. The amount of the moneys paid on account of installments, interest on unpaid installments and late payment penalties or charges, shall be placed to the credit of a fund to be known and designated as Bancroft Bond Redemption Fund or in any designated account of the redemption fund that may be established by the local government under this section. All interest and principal due on bonds issued under ORS
ORS Chapter 223 — Local Improvements and Works

ORS 223.290. Payments entered on lien docket; lien discharge. Entries of payments of installments, interest and late payment penalties or charges, made under the Bancroft Bonding Act, shall be made in the lien docket as they are received, with the date of payment. The payments so made and entered shall discharge the lien to the amount of the payment and from the date of the payment.
ORS Chapter 223 — Local Improvements and Works

ORS 223.295. Limit on city indebtedness. (1) A city may incur indebtedness in the form of general obligation bonds and general obligation interim financing notes pursuant to ORS 223.235 to an amount which shall not exceed 0.03 of the latest real market valuation of the city. (2) The general obligation bonds and general obligation interim financing notes issued pursuant to ORS 223.235 shall be determined by deducting from the sum total of outstanding general obligation bonds and general obligation interim financing notes issued pursuant to ORS 223.235, the aggregate of sinking funds or other funds applicable to the payment thereof, less the aggregate of overdrafts, if any, in the related improvement bond interest fund. [Amended by 1955 c.28 1; 1955 c.686 1; 1959 c.653 7; 1963 c.545 2; 1965 c.282 3; 1985 c.441 1; 1991 c.459 351; 1991 c.902 24] SYSTEM DEVELOPMENT CHARGES
ORS Chapter 223 — Local Improvements and Works

ORS 223.297. development charges in violation of the limitations described in ORS 223.307, the local government shall replace the misspent amount with moneys derived from sources other than system development charges. Replacement moneys must be deposited in a fund designated for the system development charge revenues not later than one year following a determination that the funds were misspent. (2) Local governments shall adopt administrative review procedures by which any citizen or other interested person may challenge an expenditure of system development charge revenues. Such procedures shall provide that such a challenge must be filed within two years of the expenditure of the system development charge revenues. The decision of the local government shall be judicially reviewed only as provided in ORS 34.010 to 34.100. (3)(a) A local government must advise a person who makes a written objection to the calculation of a system development charge of the right to petition for review pursuant to ORS 34.010 to 34.100. (b) If a local government has adopted an administrative review procedure for objections to the calculation of a system development charge, the local government shall provide adequate notice regarding the procedure for review to a person who makes a written objection to the calculation of a system development charge. [1989 c.449 3; 1991 c.902 27; 2001 c.662 2; 2003 c.765 3; 2003 c.802 20] Note: See note under
ORS Chapter 223 — Local Improvements and Works

ORS 223.299. Definitions for ORS 223.297 to 223.316. As used in ORS 223.297 to 223.316: (1)(a) Capital improvement means facilities or assets used for the following: (A) Water supply, treatment and distribution; (B) Waste water collection, transmission, treatment and disposal; (C) Drainage and flood control; (D) Transportation; or (E) Parks and recreation. (b) Capital improvement does not include costs of the operation or routine maintenance of capital improvements. (2) Improvement fee means a fee for costs associated with capital improvements to be constructed. (3) Reimbursement fee means a fee for costs associated with capital improvements already constructed, or under construction when the fee is established, for which the local government determines that capacity exists. (4)(a) System development charge means a reimbursement fee, an improvement fee or a combination thereof assessed or collected at the time of increased usage of a capital improvement or issuance of a development permit, building permit or connection to the capital improvement. System development charge includes that portion of a sewer or water system connection charge that is greater than the amount necessary to reimburse the local government for its average cost of inspecting and installing connections with water and sewer facilities. (b) System development charge does not include any fees assessed or collected as part of a local improvement district or a charge in lieu of a local improvement district assessment, or the cost of complying with requirements or conditions imposed upon a land use decision, expedited land division or limited land use decision. [1989 c.449 2; 1991 c.817 29; 1991 c.902 26; 1995 c.595 28; 2003 c.765 2a; 2003 c.802 18] Note: See note under
ORS Chapter 223 — Local Improvements and Works

ORS 223.300. [Repealed by 1975 c.642 26]
ORS Chapter 223 — Local Improvements and Works

ORS 223.301. Certain system development charges and methodologies prohibited. (1) As used in this section, employer means any person who contracts to pay remuneration for, and secures the right to direct and control the services of, any person. (2) A local government may not establish or impose a system development charge that requires an employer to pay a reimbursement fee or an improvement fee based on: (a) The number of individuals hired by the employer after a specified date; or (b) A methodology that assumes that costs are necessarily incurred for capital improvements when an employer hires an additional employee. (3) A methodology set forth in an ordinance or resolution that establishes an improvement fee or a reimbursement fee shall not include or incorporate any method or system under which the payment of the fee or the amount of the fee is determined by the number of employees of an employer without regard to new construction, new development or new use of an existing structure by the employer. (4) A local government may not impose a system development charge for increased use of a transportation facility that results from the production of marijuana on a property located in an exclusive farm use zone. [1999 c.1098 2; 2003 c.802 19; 2019 c.292 1] Note: See note under
ORS Chapter 223 — Local Improvements and Works

ORS 223.302. System development charges; use of revenues; review procedures. (1) Local governments are authorized to establish system development charges, but the revenues produced therefrom must be expended only in accordance with ORS
ORS Chapter 223 — Local Improvements and Works

ORS 223.305. [Repealed by 1971 c.325 1]
ORS Chapter 223 — Local Improvements and Works

ORS 223.307. Authorized expenditure of system development charges. (1) Reimbursement fees may be spent only on capital improvements associated with the systems for which the fees are assessed including expenditures relating to repayment of indebtedness. (2) Improvement fees may be spent only on capacity increasing capital improvements, including expenditures relating to repayment of debt for such improvements. An increase in system capacity may be established if a capital improvement increases the level of performance or service provided by existing facilities or provides new facilities. The portion of the improvements funded by improvement fees must be related to the need for increased capacity to provide service for future users. (3) System development charges may not be expended for costs associated with the construction of administrative office facilities that are more than an incidental part of other capital improvements or for the expenses of the operation or maintenance of the facilities constructed with system development charge revenues. (4) Any capital improvement being funded wholly or in part with system development charge revenues must be included in the plan and list adopted by a local government pursuant to ORS 223.309. (5) Notwithstanding subsections (1) and (2) of this section, system development charge revenues may be expended on the costs of complying with the provisions of ORS 223.297 to 223.316, including the costs of developing system development charge methodologies and providing an annual accounting of system development charge expenditures. [1989 c.449 5; 1991 c.902 29; 2003 c.765 6; 2003 c.802 22] Note: See note under
ORS Chapter 223 — Local Improvements and Works

ORS 223.309. means, if a local government so chooses. (d) Credits must be used in the time specified in the ordinance but not later than 10 years from the date the credit is given. (6) Any local government that proposes to establish or modify a system development charge shall maintain a list of persons who have made a written request for notification prior to adoption or amendment of a methodology for any system development charge. (7)(a) Written notice must be mailed to persons on the list at least 90 days prior to the first hearing to establish or modify a system development charge, and the methodology supporting the system development charge must be available at least 60 days prior to the first hearing. The failure of a person on the list to receive a notice that was mailed does not invalidate the action of the local government. The local government may periodically delete names from the list, but at least 30 days prior to removing a name from the list shall notify the person whose name is to be deleted that a new written request for notification is required if the person wishes to remain on the notification list. (b) Legal action intended to contest the methodology used for calculating a system development charge may not be filed after 60 days following adoption or modification of the system development charge ordinance or resolution by the local government. A person shall request judicial review of the methodology used for calculating a system development charge only as provided in ORS 34.010 to 34.100. (8) A change in the amount of a reimbursement fee or an improvement fee is not a modification of the system development charge methodology if the change in amount is based on: (a) A change in the cost of materials, labor or real property applied to projects or project capacity as set forth on the list adopted pursuant to ORS 223.309; or (b) The periodic application of one or more specific cost indexes or other periodic data sources. A specific cost index or periodic data source must be: (A) A relevant measurement of the average change in prices or costs over an identified time period for materials, labor, real property or a combination of the three; (B) Published by a recognized organization or agency that produces the index or data source for reasons that are independent of the system development charge methodology; and (C) Incorporated as part of the established methodology or identified and adopted in a separate ordinance, resolution or order. [1989 c.449 4; 1991 c.902 28; 1993 c.804 20; 2001 c.662 3; 2003 c.765 4a,5a; 2003 c.802 21] Note: See note under
ORS Chapter 223 — Local Improvements and Works

ORS 223.310. [Amended by 1957 c.397 3; repealed by 1971 c.325 1]
ORS Chapter 223 — Local Improvements and Works

ORS 223.311. Deposit of system development charge revenues; annual accounting. (1) System development charge revenues must be deposited in accounts designated for such moneys. The local government shall provide an annual accounting, to be completed by January 1 of each year, for system development charges showing the total amount of system development charge revenues collected for each system and the projects that were funded in the previous fiscal year. (2) The local government shall include in the annual accounting: (a) A list of the amount spent on each project funded, in whole or in part, with system development charge revenues; and (b) The amount of revenue collected by the local government from system development charges and attributed to the costs of complying with the provisions of ORS
ORS Chapter 223 — Local Improvements and Works

ORS 223.313. Applicability of ORS 223.297 to 223.316. (1) ORS 223.297 to 223.316 shall apply only to system development charges in effect on or after July 1, 1991. (2) The provisions of ORS 223.297 to 223.316 shall not be applicable if they are construed to impair bond obligations for which system development charges have been pledged or to impair the ability of local governments to issue new bonds or other financing as provided by law for improvements allowed under ORS
ORS Chapter 223 — Local Improvements and Works

ORS 223.314. Establishment or modification of system development charge not a land use decision. The establishment, modification or implementation of a system development charge, or a plan or list adopted pursuant to ORS 223.309, or any modification of a plan or list, is not a land use decision pursuant to ORS chapters 195, 197 and 197A. [1989 c.449 9; 2001 c.662 6; 2003 c.765 9] Note: See note under
ORS Chapter 223 — Local Improvements and Works

ORS 223.315. [Repealed by 1971 c.325 1]
ORS Chapter 223 — Local Improvements and Works

ORS 223.316. Local governments required to make system development charge information public. (1) Any city, county or special district that maintains a public website shall include the following information on its website in a manner that is readily accessible to the general public, for system development charges that it assesses: (a) The current system development charge fee rates for each type of development; (b) Details of the methodology used to determine the fee rates set forth pursuant to paragraph (a) of this subsection; (c) A list of capital improvement projects that will receive funding from system development charge fee revenue; and (d) Contact information for a local official responsible for answering questions about system development charges. (2) Any city, county or special district that does not maintain a website shall make the information described in subsection (1) of this section available to the general public free of charge upon request. [2021 c.544 4] Note: See note under
ORS Chapter 223 — Local Improvements and Works

ORS 223.317. Apportionment of special assessment among parcels in subsequent partition of tract. (1) Notwithstanding any other law, a local government may apportion a final assessment levied by it against a single tract or parcel of real property among all the parcels formed from a subsequent partition or other division of that tract or parcel, if the subsequent partition or division is in accordance with ORS 92.010 to 92.192 and is consistent with all applicable comprehensive plans as acknowledged by the Land Conservation and Development Commission under ORS 197.251. The proportionate distribution of a final assessment authorized under this subsection may be made whenever the final assessment remains wholly or partially unpaid, and full payment or an installment payment is not due. (2) A local government shall apportion a final assessment under this section when requested to do so by any owner, mortgagee or lienholder of a parcel of real property that was formed from the partition or other division of the larger tract of real property against which the final assessment was originally levied. When the deed, mortgage or other instrument evidencing the applicants ownership or other interest in the parcel has not been recorded by the county clerk of the county in which the parcel is situated, the local government shall not apportion the final assessment unless the applicant files a true copy of that deed, mortgage or instrument with the local government. (3) Apportionment of a final assessment under this section shall be done in accordance with an order or resolution of the governing body of the local government. The order or resolution shall describe each parcel of real property affected by the apportionment, the amount of the final assessment levied against each parcel, the owner of each parcel and such additional information as is required to keep a permanent and complete record of the final assessments and the payments thereon. A copy of the order or resolution shall be filed with the recorder required to maintain the lien docket for the local government, who shall make any necessary changes or entries in the lien docket for the local government. [Formerly 308.140; 1991 c.902 33; 2003 c.802 26] Note:
ORS Chapter 223 — Local Improvements and Works

ORS 223.320. [Amended by 1957 c.397 4; repealed by 1971 c.325 1]
ORS Chapter 223 — Local Improvements and Works

ORS 223.322. Proration of unpaid installments. When a final assessment is being paid in installments under the Bancroft Bonding Act or ORS 450.897, if the final assessment is apportioned among smaller parcels of real property under ORS
ORS Chapter 223 — Local Improvements and Works

ORS 223.325. [Repealed by 1971 c.325 1]
ORS Chapter 223 — Local Improvements and Works

ORS 223.327. Procedure for equitable apportionment by ordinance or regulation. A local government that imposes final assessments shall adopt an ordinance or other regulations establishing procedures for the equitable apportionment of final assessments under ORS 223.317 to 223.327. The ordinance or regulations shall authorize the local government to establish fees reasonably calculated to reimburse it for its actual costs in apportioning final assessments under ORS
ORS Chapter 223 — Local Improvements and Works

ORS 223.330. [Amended by 1969 c.531 4; repealed by 1971 c.325 1]