15.10.100 Method of assessment and alternative methods of financing.
(1) The Council, in adopting a method of assessment of the costs of the improvement, may:
(a) Use any just and reasonable method of determining the extent of any improvement district consistent with the benefits derived;
(b) Use any method of apportioning the sum to be assessed as is just and reasonable between the properties determined to be specially benefitted;
(c) The City Council may direct that the improvement costs as incurred be paid out of City funds, general or specially designated, and that property owners of benefitted property pay and reimburse the City, as herein set forth either in one payment or by election to pay in installments; and/or
(d) Authorize payment by the City of all, or any part of, the cost of any such improvement when, in the opinion of the Council, the topographical or physical conditions, or unusual or excessive public travel, or other character of the work involved warrants only a partial payment or no payment by the benefitted property of the costs of the improvement, or the economic condition of the property owners is deemed to be such that they cannot pay for said improvements in whole or in part.
(2) The Council may use Federal or State grants, sewer charges or fees, revenue bonds, general obligation bonds or any other legal means of finance to pay in whole or in part for said improvements. In the event that such other means of financing improvements are used, the Council may, in its discretion, levy special assessments according to the benefits derived to cover any remaining part of the costs of the improvement.
(3) The Council may elect to use funds from its general fund to improve streets and roads within the City if the road or street is part of the general system of State or county roads, or the road or street directly connects with the State or county road or highway, or the road or street gives an outlet beyond the City limits to adjoining State or county roads or highways, or the road or street provides the most accessible or generally traveled route out of the City.
(a) A majority vote of the Council or an initiative vote of the people shall be required before using said general fund for said purpose.
(b) The Council shall pass an ordinance setting out what portion of the cost will be paid by the City’s general fund and what portion shall be paid by assessment against benefitted property in the manner provided above.
(c) Should the amount for proportion be set forth in the initiative petition, then the same shall govern.
(4) The Council shall direct that a general road fund be created of funds received by the City from Linn County out of road tax levies by the county.
(a) The City shall use said funds for the construction and repair of county roads and streets within the City, and those which are not within the City but lead directly into the City.
(b) The City may enter into an agreement with the county for the construction and improvement or repair and the acquisition of right-of-way for any county road or City street within the City, and for any road outside the City which leads into the City, use said funds for said purpose, and the agreement will set forth a proportion which each government contributes towards said expenditure.
(5) Where the City receives funds from the State from road taxes collected by the State, the Council shall direct that said funds be set aside in a State tax street fund.
(a) The City shall be required to expend said funds within two years of receipt of the same, unless the City perfects plans for a definite construction program which shall be approved by the State of Oregon Highway Engineers, and in that case said funds may be set aside for the designated project.
(b) If not used within two years, or set aside for a designated project, the funds shall be returned to the State.
(c) The funds may be used for construction, reconstruction, improvement, repair, maintenance, operation, use in policing of public highways, roads and streets, including the retirement of bonds for the payment of which such revenues have been pledged, and also may be used for the acquisition, development, maintenance, care and use of parks, recreational, scenic or other historic places and for the publicizing of any of the foregoing uses and things, and for footpaths and bicycle trails.
(6) Where the State has Federal government funds available for improvement of City streets, county roads and State highways, Council may enter into an agreement with the State for the construction, reconstruction, repair or maintenance of the same and allocation of costs between the contracting parties. (Ord. 22 § 9, passed 12-14-1976; Code 2014 § 34.24)