Oregon Statutes 223.001 – Definitions
As used in ORS § 223.112 to 223.132, 223.205 to 223.295, 223.297 to 223.316, 223.317 to 223.327, 223.387 to 223.399, 223.405 to 223.485, 223.505 to 223.595, 223.605 to 223.650, 223.705 to 223.755, 223.765, 223.770, 223.775 and 223.805 to 223.845, unless the context requires otherwise:
Terms Used In Oregon Statutes 223.001
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- Contract: A legal written agreement that becomes binding when signed.
- local government: means all cities, counties and local service districts located in this state, and all administrative subdivisions of those cities, counties and local service districts. See Oregon Statutes 174.116
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(1) ‘Actual cost’ has the meaning given the term under ORS § 310.140.
(2) ‘Capital construction project’ means a project for ‘capital construction,’ as defined under ORS § 310.140.
(3)(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)(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 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.
(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.
(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