AN ORDINANCE AMENDING VARIOUS SECTIONS OF ORDINANCE NO 215 AS PREVIOUSLY AMENDED BY ORDINANCE NO. 224, AN ORDINANCE PRESCRIBING THE METHODS AND PROCEDURES FOR MAKING PUBLIC IMPROVEMENTS, CITY OF YAMHILL, AS PASSED BY THE CITY COUNCIL, CITY OF YAMHILL ON OCTOBER 9, 1962 and JANUARY 6, 1966 RESPECTIVELY;

THE CITY OF YAMHILL, OREGON, ORDAINS THAT SECTION 1 OF ORDINANCE NO. 215 IS AMENDED TO READ AS FOLLOWS:

Section 1. Initiation of Proceedings and Report from Engineer. Whenever the Council shall deem it expedient to construct, alter, repair, or improve any street, or streets, or to construct, alter, repair, or improve any sewer facilities, or to construct, alter, repair, or improve any water facilities, or to construct, alter, repair, or improve any other public facility, for all or any part of which it is anticipated special assessments will be levied, it shall by motion declare its intention to initiate such improvement and direct the City Engineer, or Engineer employed by the City to make a survey and plat for such project and to submit a written report. The City Engineer or Engineer employed by the City shall make such survey, plat and report and file the same with the Recorder. Such report shall contain a full description of such project, and a description of each lot, tract or parcel of land, or portion thereof, specially benefited thereby, with the name of the record owner or owners and may contain the name or names of other persons found to have any interest in or lien upon said property, a description of the boundaries of the district benefited and to be assessed for such improvements as shown by the Council's motion, an estimate of the probable cost of such project, which estimate shall include legal, administrative and engineering cost attributable to such project, and a recommendation of a fair apportionment of the whole or any portion of the cost, including interest rate to be levied and term of repayment to be used, of the project to the property specially benefited.

FURTHER, THE CITY OF YAMHILL, OREGON, ORDAINS THAT SECTION 7 OF ORDINANCE NO. 215 AS PREVIOUSLY AMENDED BY ORDINANCE NO. 224 IS AMENDED TO READ AS FOLLOWS:

Section 7. Notice of Assessment. Within 10 days after the ordinance levying assessment has been passed, the City Recorder shall send by registered or certified mail, to the last known address, a notice of assessment to the record owner of each lot, tract, or parcel of land assessed. This notice shall state the date of the assessment ordinance, and shall state that such assessments must be paid or bonded within 30 days from the date of the assessment ordinance, and that assessments which are not paid or bonded within said time shall bear interest at a rate per annum to be set by the Council in the ordinance levying the assessment, and that the property so assessed is thereafter subject to foreclosure if such assessments are not paid or bonded within said time.

FURTHER THE CITY OF YAMHILL, OREGON, ORDAINS THAT SECTION 8 OF ORDINANCE NO. 215 IS AMENDED TO READ AS FOLLOWS:

Section 8. Lien Records and Foreclosure Proceedings. After passage of the assessment ordinance by the Council, the Recorder shall enter in the docket of the City liens a statement of the amounts assessed upon each particular lot, parcel of land or portion thereof, together with a description of the improvement, the name of the owners and the date of the assessment ordinance. Upon such entry in the lien docket, the amount so entered shall become a lien and charge upon the respective lots, parcels of land, or portions thereof, which have been assessed for such improvement. All assessment liens of the City of Yamhill shall be superior and prior to all other liens or encumbrances on property insofar as the laws of the State of Oregon permit. Interest shall be charged at the rate per annum set by the Council in the ordinance levying the assessment until paid on all amounts not paid within 30 days from the date of the assessment ordinance; and after expiration of 30 days from the date of such assessment ordinance, the City may proceed to foreclose or enforce collection of the assessment liens in the manner provided in the general law of the state of Oregon; provided, however, that the City may, at its option, enter a bid for the property being offered at a foreclosure sale, which bid shall be prior to all bids, except those made by the persons who would be entitled under the laws of the state of Oregon to redeem such property.

FURTHER THE CITY OF YAMHILL, OREGON, ORDAINS THAT SECTION 9 OF ORDINANCE NO. 215 IS AMENDED TO READ AS FOLLOWS:

Section 9. Manner of Doing Work, Contracts, Bids, Bonds. The Council shall provide by motion the time and manner of doing the work of such project, and may provide for the City to do the work itself, or may award the work on contract. In the event that the work is done under contract, bids shall be received, after advertisement, for such time and in such manner as the Council may determine, on all such work the estimated cost of which is more than $5,000.00. The contract shall be let to the lowest responsible bidder, provided that the Council shall have the right to reject all bids when they are deemed unreasonable or unsatisfactory. The Council shall provide for taking security by bond for the faithful performance of any contract let under its authority, the provisions thereof, in case of default, shall be enforced by action in the name of the City of Yamhill.

APPROVED AND PASSED By the City Council of the City of Yamhill this 20th day of March, 1985