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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Enrolled
Senate Bill 967
Sponsored by Senators BROADMAN, NASH; Senators PATTERSON, PHAM K, Representatives
GAMBA, LEVY E
CHAPTER .................................................
AN ACT
Relating to local improvements; amending ORS 223.389.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 223.389 is amended to read:
223.389. (1)(a) The governing body of a local government may prescribe by ordinance or resol-
ution the procedure to be followed in making estimated assessments and final assessments for ben-
efits from a local improvement upon the lots that have been benefited by all or part of the local
improvement, to the extent that the charter of the local government does not prescribe the method
of procedure.
(b) [ In addition, in any case where ] If the charter of a local government specifies a method of
procedure that does not comply or is not consistent with the requirements of the Oregon Constitu-
tion, the governing body of the local government may prescribe by ordinance or resolution the
procedure that shall comply and be consistent with the requirements of the Oregon Constitution,
and the provisions of the ordinance or resolution shall apply in lieu of the charter provisions.
(2)(a) This subsection applies to a local improvement proposed for an unincorporated area
within an urban growth boundary.
(b) For purposes of subsection (1) of this section, the governing bodies of local govern-
ments in which any part of a local improvement described in paragraph (a) of this subsection
is or will be located may enter into an intergovernmental agreement in accordance with ORS
chapter 190 to allocate jurisdictional authority among themselves for the local improvement.
(c) Local improvements subject to this subsection must comply with the comprehensive
plan of any city in which the local improvements are or will be located.
(d) The creation of a local improvement district does not change the uses of land allowed
within the local improvement district.
[(2)(a)] (3)(a) The ordinance or resolution prescribing the procedure shall provide for adoption
or enactment of an ordinance or resolution designating the local improvement as to which an as-
sessment is contemplated, describing the boundaries of the district to be assessed. Provision shall
be made for at least 10 days’ notice to owners of property within the proposed district in which the
local improvement is contemplated. The notice may be made by posting, by newspaper publication
or by mail, or by any combination of such methods. The notice shall specify the time and place
where the governing body will hear and consider objections or remonstrances to the proposed local
improvement by any parties aggrieved thereby.
(b) If the governing body determines that the local improvement shall be made, when the esti-
mated cost thereof is ascertained on the basis of the contract award or the departmental cost of the
Enrolled Senate Bill 967 (SB 967-A) Page 1
local government, the governing body shall determine whether the property benefited shall bear all
or a portion of the cost. The recorder or other person designated by the governing body shall pre-
pare the estimated assessment to the respective lots within the assessment district and file it in the
appropriate office of the local government. Notice of the estimated assessment shall be mailed or
personally delivered to the owner of each lot proposed to be assessed. The notice shall state the
amounts of the estimated assessment proposed on that property and shall fix a date by which time
objections shall be filed with the recorder. Any objection shall state the grounds for the objection.
The governing body shall consider the objections and grounds and may adopt, correct, modify or
revise the estimated assessments.
(c) The governing body shall determine the amount of estimated assessment to be charged
against each lot within the district, according to the special and peculiar benefits accruing to the
lot from the local improvement, and shall by ordinance or resolution spread the estimated assess-
ments.
Passed by Senate March 10, 2025
..................................................................................
Obadiah Rutledge, Secretary of Senate
..................................................................................
Rob Wagner, President of Senate
Passed by House May 13, 2025
..................................................................................
Julie Fahey, Speaker of House
Received by Governor:
........................M.,........................................................., 2025
Approved:
........................M.,........................................................., 2025
..................................................................................
Tina Kotek, Governor
Filed in Office of Secretary of State:
........................M.,........................................................., 2025
..................................................................................
Tobias Read, Secretary of State
Enrolled Senate Bill 967 (SB 967-A) Page 2