223.399 Powers
of local government concerning assessments for local improvements. The governing body of a local
government may impose additional procedural requirements. The procedural
provisions of ORS 223.387 to 223.399 apply only where the charter or an
ordinance of a local government does not specify otherwise and the charter or ordinance
provisions comply and are consistent with the requirements of the Oregon
Constitution. The charter or ordinance provisions shall apply to local
improvements permitted by law. A local government may not authorize a local
improvement prohibited by percentage of remonstrance or otherwise under the
charter of the local government. [1959 c.219 §8; 1965 c.133 §1; 1991 c.902 §41;
2003 c.802 §31; 2017 c.17 §19]
Notes of Decisions
Boyle v. City of Bend, 380 P.2d 625 (Or. 1963).
“Defendant relies upon ORS 223.399, which reads in part: “* * * The procedural provisions of ORS 223.”
Wing v. City of Eugene, 437 P.2d 836 (Or. 1968).
“and if revenue bonds are issued to finance it it must provide, that the revenues from the facility shall be disbursed for some or all of: *372 payment of interest and retirement of bonds; payment of operating expenses; creation of a reserve account for replacements; payment in…”
Bennet v. City of Oceanlake, 430 P.2d 1004 (Or. 1967).
· cites it 4× “387 to ORS 223.399 the city appeals. On July 1, 1963, the city council by resolution authorized the improvement of Rhododendron Street.”
Brown v. City of Salem, 444 P.2d 936 (Or. 1968).
· cites it 2× “The city argues that it has provided by charter a complete system for undertaking public improvements and assessing the benefited property owners, and that therefore the provisions of ORS 223.399 do not apply. ORS 223.399 provides: “The council may impose additional procedural…”
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