ORS 223.001
Definitions


As used in ORS 223.112 (Definitions for ORS 223.112 to 223.132) to 223.132 (Formation of economic improvement districts as additional power of cities), 223.205 (Scope and application) to 223.295 (Limit on city indebtedness), 223.297 (Policy) to 223.316 (Local governments required to make system development charge information public), 223.317 (Apportionment of special assessment among parcels in subsequent partition of tract) to 223.327 (Procedure for equitable apportionment by ordinance or regulation), 223.387 (Description of real property) to 223.399 (Powers of local government concerning assessments for local improvements), 223.405 (Definitions for ORS 223.405 to 223.485) to 223.485 (When reassessment authority inapplicable), 223.505 (Definitions for ORS 223.505 to 223.595) to 223.595 (Validation of prior foreclosure proceedings), 223.605 (Definition for ORS 223.605 to 223.650) to 223.650 (Redemption), 223.705 (Rebonding of unpaid assessments) to 223.755 (Reinstatement of delinquent bonded assessments authorized), 223.765 (Bonds accepted as payment for assessment liens), 223.770 (Assessment of public property benefited by improvements), 223.775 (Assessment of property of cemetery authority benefited by certain improvements) and 223.805 (Short title of ORS 223.805 to 223.845) to 223.845 (Limitation on operation of parking facilities), unless the context requires otherwise:

(1)

“Actual cost” has the meaning given the term under ORS 310.140 (Legislative findings).

(2)

“Capital construction project” means a project for “capital construction,” as defined under ORS 310.140 (Legislative findings).

(3)

Intentionally left blank —Ed.

(a)

“Estimated assessment” means, with respect to each property to be assessed in connection with a local improvement, the total assessment that, at the time of giving notice of the assessment and the right to object or remonstrate, the local government estimates will be levied against the property following completion of the local improvement. The estimate shall be based on the local government’s estimate at that time of the actual costs of the local improvement and the proposed formula for apportioning the actual costs to the property.

(b)

“Estimated assessment” shall be determined by:

(A)

Excluding from estimated actual costs the estimated financing costs associated with any bonds issued to accommodate the payment of the assessment in installments; and

(B)

Including in estimated actual costs the estimated financing costs associated with interim financing of the local improvement.

(4)

“Final assessment” means, with respect to each property to be assessed in connection with a local improvement, the total assessment levied against the property following completion of the local improvement. The total assessment shall be based on the actual costs of the local improvement and the formula for apportioning the actual costs to the property.

(5)

Intentionally left blank —Ed.

(a)

“Financing” means all costs necessary or attributable to acquiring and preserving interim or permanent financing of a local improvement.

(b)

The costs of financing may include the salaries, wages and benefits payable to employees of the local government to the extent the same are reasonably allocable to the work or services performed by the employees in connection with the financing of a local improvement or any part thereof. However, as a condition to inclusion of any salaries, wages or benefits payable to employees of a local government as financing costs of a local improvement or any part thereof, the local government shall establish a record keeping system to track the actual work done or services performed by each employee on or in connection with such local improvement.

(c)

Financing costs that are to be incurred after the levy of a final assessment may be included in the final assessment based on the local government’s reasonable estimate of the financing costs if the local government first documents the basis for the estimate and makes the documentation available to interested persons on request.

(6)

“Governing body” means the council, commission, board or other controlling body, however designated, in which the legislative powers of a local government are vested.

(7)

“Installment application” means an application filed by a property owner to have a final assessment paid in installments over a period of years.

(8)

“Local government” means a local government as defined in ORS 174.116 (“Local government” and “local service district” defined) that has authority to undertake the acquisition, construction, reconstruction, repair, betterment or extension of a local improvement.

(9)

“Local improvement” has the meaning given the term under ORS 310.140 (Legislative findings).

(10)

“Lot” means a lot, block or parcel of land.

(11)

“Owner” means the owner of the title to real property or the contract purchaser of real property of record as shown on the last available complete assessment roll in the office of the county assessor.

(12)

“Recorder” means the auditor, recorder, clerk or other person or officer of a local government serving as clerk of the local government or performing the clerical work of the local government, or other official or employee as the governing body of a local government shall designate to act as recorder.

(13)

“Structure” has the meaning given the term under ORS 310.140 (Legislative findings).

(14)

“Treasurer” means the elected or appointed official of a local government, however designated, charged by law with the responsibility for acting as custodian of and investment officer for the public moneys of the local government. [1991 c.902 §3; 2003 c.802 §2; 2017 c.283 §3]
APPROPRIATION AND CONDEMNATION OF PROPERTY FOR CITY PURPOSES; SPECIAL PROCEDURE

Source: Section 223.001 — Definitions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors223.­html.

223.001
Definitions
223.005
Appropriation and condemnation for public use within and without city limits
223.010
Right of city to enter upon, survey, examine and select property to be appropriated or condemned
223.015
Manner of appropriation or condemnation
223.020
Scope of appropriation
223.105
Proceedings to condemn property for city improvements when owner and city disagree on price
223.112
Definitions for ORS 223.112 to 223.132
223.114
Economic improvement
223.117
Requirements of assessment ordinance
223.118
Remonstrance against assessment
223.119
Advisory committee
223.122
Effect of local improvement districts or urban renewal districts
223.124
Extension of assessment period
223.127
Application of certain assessment statutes to economic improvement districts
223.129
Expenditure of assessment revenues
223.132
Formation of economic improvement districts as additional power of cities
223.141
Definitions for ORS 223.141 to 223.161
223.144
Economic improvement district
223.147
Requirements of business license fee ordinance
223.151
Advisory committee
223.154
Extension of business licensing period
223.157
Expenditure of business license fees
223.161
Effect of local improvement districts or urban renewal districts
223.205
Scope and application
223.207
Purpose of ORS 223.208
223.208
System development and connection charges of local government subject to Bancroft Bonding Act
223.210
Right of property owners to apply for installment payment of assessment
223.212
Right of educational, religious, fraternal or charitable organizations and public corporations to bond the assessment
223.215
Contents of application to pay in installments
223.225
Record of application to be kept
223.230
Lien docket
223.235
Issuance of bonds
223.245
Budget to include bond payments
223.260
Sale of bonds
223.262
Assessment contracts
223.265
Payment of installments
223.270
Procedure for collection on default
223.275
Notice to pay
223.280
Right of owner to prepay balance and discharge lien
223.285
Separate funds kept for moneys received
223.290
Payments entered on lien docket
223.295
Limit on city indebtedness
223.297
Policy
223.299
Definitions for ORS 223.297 to 223.316
223.301
Certain system development charges and methodologies prohibited
223.302
System development charges
223.304
Determination of amount of system development charges
223.307
Authorized expenditure of system development charges
223.309
Preparation of plan for capital improvements financed by system development charges
223.311
Deposit of system development charge revenues
223.313
Applicability of ORS 223.297 to 223.316
223.314
Establishment or modification of system development charge not a land use decision
223.316
Local governments required to make system development charge information public
223.317
Apportionment of special assessment among parcels in subsequent partition of tract
223.322
Proration of unpaid installments
223.327
Procedure for equitable apportionment by ordinance or regulation
223.387
Description of real property
223.389
Procedure in making local assessments for local improvements
223.391
Notice of proposed assessment to owner of affected lot
223.393
Estimated and final assessments become liens
223.395
Deficit assessments or refunds when initial assessment based on estimated cost
223.399
Powers of local government concerning assessments for local improvements
223.401
Review of assessment
223.405
Definitions for ORS 223.405 to 223.485
223.410
Authority of governing body to make reassessment
223.415
Basis for, amount and method of reassessment
223.420
Effect of reassessment
223.425
Resolution to reassess
223.430
Publication of notice of reassessment
223.435
Personal notice to each owner
223.440
Hearing on objections
223.445
Reassessment ordinance or resolution
223.450
Lien docket entry
223.455
Right of purchaser at sale under prior assessment
223.462
Review of reassessment
223.485
When reassessment authority inapplicable
223.505
Definitions for ORS 223.505 to 223.595
223.510
Authority to sell property for delinquent liens and assessments
223.515
Preparation, transmission and contents of delinquent list
223.520
Procedure in collecting delinquencies
223.523
Notice of sale
223.525
Conduct of foreclosure sale
223.530
Title of purchaser
223.535
Record of sales
223.540
Payment of sale price
223.545
Purchase by local government in absence of bids
223.550
Certificate of sale
223.555
Lien docket entries mandatory
223.560
Unsold property reoffered
223.565
Procedure and conditions of redemption
223.570
Execution and contents of deed to purchaser
223.575
Legal and evidentiary effect of deed
223.580
Grantee of deed entitled to possession
223.585
Time limitation on actions to recover sold property
223.590
Tender of purchase price in action to recover property
223.593
Alternate redemption procedure
223.594
Lien for water service to certain real property through single water meter
223.595
Validation of prior foreclosure proceedings
223.605
Definition for ORS 223.605 to 223.650
223.610
Foreclosure of certain liens by suits in equity
223.615
Recovery of attorney fees in foreclosure proceeding
223.620
Laws applicable to foreclosure proceedings
223.625
Liens which may be included in foreclosure suit
223.630
Joinder of parties in interest as defendants
223.635
Complaint served on owner
223.640
Allegations of jurisdictional facts
223.645
Right of local government to bid at execution sale
223.650
Redemption
223.680
Local government programs to finance utilities improvements to real property
223.685
Local government programs to finance seismic rehabilitation of real property
223.705
Rebonding of unpaid assessments
223.710
Rebonding application
223.715
Payment of rebonded assessment
223.720
Amount of lien
223.725
Issuance and sale of bonds
223.730
Application of proceeds from sale of bonds
223.735
Debt limitation of local government not applicable
223.740
General provisions applicable
223.745
Scope of power granted
223.750
Enactment of rulemaking ordinances
223.755
Reinstatement of delinquent bonded assessments authorized
223.760
H.O.L.C. bonds accepted in payment of assessment liens
223.765
Bonds accepted as payment for assessment liens
223.770
Assessment of public property benefited by improvements
223.775
Assessment of property of cemetery authority benefited by certain improvements
223.805
Short title of ORS 223.805 to 223.845
223.810
Establishment of motor vehicle parking facilities
223.815
Acquisition of property for parking facilities
223.820
Planning, constructing and contracting for the operation of or leasing parking facilities
223.825
Financing of parking facilities
223.830
Service concessions in parking facilities
223.835
Fees and regulations of parking facilities
223.840
Disposing of property acquired for parking facilities
223.845
Limitation on operation of parking facilities
223.851
Special assessment for street lighting, street maintenance and street cleaning
223.856
Measure imposing assessments
223.861
Basis of assessment
223.866
Levy of assessment
223.876
Charter authority not affected
223.878
Inclusion of property outside city in city assessment for local street improvement
223.880
Public roads included in sidewalk improvement district
223.882
Acquisition of property by city to aid water commerce
223.884
Eminent domain authority within and without city limits
223.886
Loans authorized to finance improvements
223.888
Authority of city to carry out law
223.900
Leasing property to individuals
223.930
Streets along city boundaries or partly within and without city
223.935
Basis for legalization of road
223.940
Proceedings for legalization of roads
223.945
Compensation for property affected by road legalization
223.950
Order under road legalization proceeding
Green check means up to date. Up to date