§ 26-147. Final report; notice of public hearing; installment applications.

(a)

When the improvement has been completed, the cost shall be determined by adding to the contract price of the work or, if not contracted, the city work crew cost of the work, the cost of right-of-way, condemnation expenses, cost of engineering, supervision, inspection, advertising, legal expenses, and any other necessary and proper expenses, which costs and expenses shall be a part of the amounts to be assessed to the benefited properties.

(b)

The final report of the above costs shall be submitted to Council, and when the final report has been approved by motion of Council, the engineering staff of the City of Independence shall prepare a proposed assessment roll ordering and describing each lot to be assessed, with the names of the owners, and shall levy against those lots in a manner directed by Council and provisions of ordinances applicable to special assessments. The proposed assessment roll shall be submitted for the approval of the City Manager. The City Manager may require the engineering staff to make any changes or modifications in the proposed assessment roll. When the proposed assessment roll has been approved by the City Manager, he shall file it with the City Recorder and refer it to Council for review, modification, acceptance or rejection by Council.

(c)

When the proposed assessment roll is received for filing Council shall publish a notice of the time and place of a public hearing in a newspaper of general circulation published in county at least ten days before the public hearing. The notice shall state that at the public hearing Council will, at a stated time and place, consider oral and written remonstrances to the proposed assessment roll, and that written remonstrances should be filed with the City Recorder prior to the public hearing. This notice shall state that within 30 days after Council passage of the ordinance confirming the assessment roll, the owner of the assessed properties may file with the City Recorder, on a form provided for the purpose, an application to pay the assessment in whole or in part on an installment basis, as provided by the Bancroft Bonding Act, ORS 223.205 to 223.295, which is hereby adopted by reference and made a part of this article. This notice shall also state that, if the assessment is not eligible under the provisions of the Bancroft Bonding Act, or if the owner of the assessed property does not apply to use the installment basis, all or part of the assessment shall be excluded from the installment payment procedure and shall be paid in full by cash within 30 days of the date of entry in the unbonded lien docket.

(d)

The City Recorder shall, at least ten days before the public hearing, mail a notice to each owner of property to be assessed, which notice shall be deposited in the post office in the city, postage prepaid, addressed to such owners at their last known address. If the address of the owner is unknown to the Recorder, he shall mail the notice to the owner or his agent at the address where the property to be assessed is located. The mailed notice shall show the amount proposed to be assessed to the addressee, owner or property proposed to be assessed.

(e)

The contents of the application to pay assessments on the installment basis shall be as provided by ORS 223.215.

(Code 2006, § 12.2.11)