ORDINANCE No. 177124

Transfer responsibilities for local improvement districts from City Auditor to Local Improvement District Administrator, implement an improved and redesigned local improvement district process, and provide additional options to maintain unimproved streets (Ordinance; amend Title 17)

The City of Portland ordains:        

Section 1.  The Council finds:

1.  On November 4, 1998, City Council passed Resolution No. 35738, directing the establishment of the position of Local Improvement District Administrator to be housed in the Portland Office of Transportation in order to assume responsibility for the local improvement district process; and

2.  The Resolution further directed the Local Improvement District Administrator to initiate an effort to reinvent the Local Improvement District Program and to address issues and problems that had become prevalent in the City’s efforts to form, administer and complete LIDs and to construct local improvements, including: affordability of improvements; use of waivers, the length of the local improvement district process; fair and equitable assessment methods; communication, outreach and involvement with the public; cost efficiency; unclear and inconsistent local improvement district procedures, obsolete City Code, and lack of flexibility in maintaining unimproved streets; and

3.  A Steering Committee composed of the Bureau Directors of Planning, Environmental Services, and Transportation Engineering & Development (City Engineer), the City Auditor, the Commissioners-in-Charge of the Portland Office of Transportation, the Bureau of Environmental Services and two citizen appointees suggested changes to the local improvement district process; and

4.  The Local Improvement District Administrator conducted an extensive two-year public outreach process utilizing input from over 200 City of Portland residents and property owners outlined in “Improving Portland’s Local Infrastructure: Recommendations for the Local Improvement District Process”, a report which was accepted by City Council by the passage of Resolution No. 35937 on November 1, 2000; and

5.  Local improvement districts formed during the past two years, including the Lents I Local Improvement District, the Lents II Local Improvement District, the Boise/Earl Boyles Park Local Improvement District, the SW Capitol Highway Ornamental Lighting Local Improvement District, the NW Naito Parkway from 9^th Avenue to Steel Bridge Local Improvement District, the SW Arboretum Circle Water Main Local Improvement District, and the SE Ivon Court/125th Avenue Housing & Community Development Local Improvement Project have had higher levels of petition support, fewer remonstrances against local improvement formation and fewer objections to final assessment than local improvement districts formed before the redesign process was concluded in November 2000; and

6.  The Local Improvement District Administrator has collaborated with staff members in the Portland Office of Transportation, the Office of City Auditor, the Office of Management and Finance, the Bureau of Environmental Services, the Bureau of Water Works and the Bureau of Housing & Community Development in developing the proposed Title 17 Code changes; and

7.  Title 17 Code changes were posted on the Web on October 3, 2002 for public review and comment; and

8.  Additional public review and comment was solicited at three open houses around the City of Portland during the month of October 2002, to which nearly 800 City of Portland residents were invited; and

9.  An analysis of the impact of the proposed Title 17 Code changes was submitted to the Office of the Mayor and to the Office of Management and Finance on October 16, 2002, and to external stakeholders on October 18, 2002.

NOW, THEREFORE, the Council directs:

a.  City Code Chapters 17.04, 17.08, 17.12, 17.24, 17.30 and 17.42 are amended as provided as provided in Exhibit A.

b.  The Local Improvement District Administrator shall continue to explore options which will reduce costs to property owners or will provide new funding to defray the costs of constructing transportation infrastructure.

Passed by the Council, DEC 11 2002

GARY BLACKMER

 AUDITOR OF THE CITY OF PORTLAND

Commissioner Jim Francesconi  BY /S/ Susan Parsons

Andrew Aebi:slg

October 28, 2002  DEPUTY

Title 17 Code Change Ordinance.doc

BACKING SHEET INFORMATION

AGENDA NO. 1363, 1466-2002

ACTION TAKEN:

NOV 13 2002 PASSED TO SECOND READING DEC 11 2002 9:30 A.M.

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 177124