ORDINANCE No. 177122

*Create the Portland Streetcar Phase 3 Project Local Improvement District to assist in funding the capital cost of the project (Hearing; Ordinance; C-10002)

The City of Portland ordains:

Section 1.  The Council finds:

1.  On January 19, 2000, City Council adopted Resolution No. 35856, which, among other things, approved recommendations of a Future Alignment Committee appointed by the Commissioner-in-Charge of Transportation for an alignment of the Portland Streetcar from Portland State University (PSU) to RiverPlace and the South Waterfront District.

2.  On February 28, 2001, the City Council passed Ordinance No. 175374 authorizing an amendment to Contract No. 32210 between the City and the Inekon Group for the manufacture and delivery of an additional streetcar needed for the expansion of streetcar service to RiverPlace.

3.  On September 26, 2001, the City Council passed Ordinance No. 175962 authorizing an amendment to Agreement No. 31428 between the City and Portland Streetcar, Inc. (PSI) to provide preliminary design and engineering and other services relate to the extension from PSU to RiverPlace (Project).

4.  On May 29, 2002, the City Council adopted Resolution No. 36075, which adopted the conceptual design, finance plan and schedule for the Project and directed various actions for implementation; said finance plan to include private sector participation through a Local Improvement District in the amount of $3.0 million.

5.  On July 23, 2002, PSI submitted Preliminary Engineering Plans at a 30% submittal level, sufficient to prepare a preliminary cost estimate for the Project.

6.  Final plans and specifications will be substantially in accordance with those for the Portland Streetcar Phase 1 and 2 Projects.

7.  On August 14, 2002, the City Council passed Ordinance No. 176834 authorizing an amendment to Agreement No. 31428 between the City and PSI to provide for final engineering and other professional services related to the Project, including assistance in establishing an LID by recommending LID boundaries and an assessment formula, preparing estimates of assessments, addressing issues raised by property owners and assisting with the task of circulating petitions in support of the LID to property owners.

8.  On October 16, 2002, City Council adopted Resolution No. 36104, as amended, which acknowledged the receipt of petitions from property owners representing 64.4% of the total assessment amount and 60.6% of the total land area within the proposed boundaries of the LID.

9.  Resolution No. 36104, as amended, also accepted construction plans, specifications and cost estimates, declared Council’s purpose and intention to undertake improvements in accordance with the plans, specifications and estimate and directed the Portland Office of Transportation (PDOT) to give notice to property owners.

10.  On November 14, 2002, PDOT mailed notice to the property owners within the proposed Portland Streetcar Phase 3 LID. The notice included: the date of the notice, the name of the proposed district, a description of the proposed district, a statement apprising property owners of the type and scope of improvements to be made, the total estimated cost of the improvements, the elements of the assessment formula, the description of the owner’s property, the estimated assessment for the particular property, a statement that plans and specifications were available for public inspection and where they could be reviewed, a statement regarding the right to remonstrate, the date of the last day for filing remonstrances and the date, time and place of the public hearing.

11.  The Council received one remonstrance, considered it and found that each property receives special and peculiar benefit.

12.  The project shall include all properties within the boundaries as shown in Exhibit A and as described in Exhibit B.

13.  All property within the LID receives special and peculiar benefit from the improvements and will be assessed a portion of the LID costs, except for the following:

a.  those properties located a distance of 720 feet or more from a Streetcar Street, defined as the street and adjacent intersection rights-of-way of SW Harrison from SW 4^th to Naito Parkway, the new extension of SW Harrison from SW Naito Parkway to SW River Parkway and SW River Parkway from SW Harbor Drive to SW Moody; and

b.  those properties within the LID that were assessed under the Portland Streetcar Phase 1 or Phase 2 LID, except for properties owned by the State of Oregon and used by Portland State University.

14.  The total maximum assessment amount of the project shall be $3,000,000 and will be apportioned substantially in accordance with the methodology shown in Exhibit C, Petition for the Creation of a Local Improvement District to Fund Capital Improvements Related to the Portland Streetcar Phase 3.

15.  The assessment will be made substantially in accordance with the other conditions as shown in Exhibit C, with the modifications and clarifications adopted in Resolution No. 36104, as amended.

16.  Exhibit D provides a copy of the public notice as posted in the district and Exhibit E provides a copy of the public notice printed in The Daily Journal of Commerce on November 8, 11,12 and 13, 2002.

NOW, THEREFORE, the Council directs:

a.  There is hereby created the Portland Streetcar Phase 3 Project Local Improvement District as adopted by this Ordinance, with the boundaries as shown in Exhibit A and described in Exhibit B, and for the purposes set forth herein.

b.  The improvements shall be made in substantial accordance with those described in the engineering drawings and specifications on file with the City Engineer’s office.

c.  The City Auditor shall assess no more than $3,000,000 of the actual costs of the improvements, apportioned on the basis provided herein on benefited property as shown in Exhibit C, and assessed after completion of the improvements, which is estimated to be after August 2004.

d.  The City Auditor shall obtain necessary construction financing required to pay for the LID portion of the improvements.

Section 2. The Council declares that an emergency exists because a condition of the petition is to form the LID before December 31, 2002; therefore, this Ordinance shall be in full force and effect from and after its passage by Council.

Passed by the Council, DEC 11 2002

GARY BLACKMER

Commissioner Jim Francesconi  AUDITOR OF THE CITY OF PORTLAND

Vicky L Diede:slg  BY /S/ SUSAN PARSONS

December 4, 2002                  

TMORD-LID-Phase 3.doc                                              DEPUTY

BACKING SHEET INFORMATION

AGENDA NO. 1441-2002

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 177122