Title 17: Public Improvements, Amendments Relating to LIDs
Title 17 sets forth procedures by which local improvement districts are formed and administered, and also gives the City Engineer authority to regulate activities in the right-of-way and to require new streets.
Changes to Title 17 are needed to transfer responsibility for local improvement districts from the City Auditor to the Local Improvement District Administrator, a position that was created by City Council in November 2000 to manage the LID process. Title 17 is also being rewritten to reflect changes to the local improvement district program, as well as to align City Code with current practices.
Commentary
17.04.010 Person
17.04.020 Pronoun
17.04.025 Responsible Official
17.04.030 City Engineer
17.04.035 Director
No change.
17.04.037 Responsible Engineer
A minor change is being made to this section.
17.04.040 Sewer
17.04.050 Street
No change.
17.04.060 Local Improvement
A minor change is being made to this section. Scopes of duties specific to local improvement districts are being added to Chapter 17.08.
17.04.070 Public Improvement
17.04.080 Engineer’s Estimate
No change.
AMEND CHAPTER 17.04, DEFINITIONS
17.04.010 Person
17.04.020 Pronoun
17.04.025 Responsible Official
17.04.030 City Engineer
17.04.035 Director
[No change.]
17.04.037 Responsible Engineer
"Responsible Engineer" as used in this title means the Engineer with the authority to act as the official agent of the bureau or department responsible for a local or public improvement or the lawfully designated subordinate of the Responsible Engineer. For the Office of Transportation this shall be the City Engineer, for the Bureau of Environmental Services this shall be the Chief Engineer of the Bureau of Environmental Services, and for the Bureau of Water Works this shall be the Chief Engineer of the Bureau of Water Works.
17.04.040 Sewer
17.04.050 Street
[No change.]
17.04.060 Local Improvement
“Local improvement” means an improvement of, on, over or under property owned or controlled by the public, by construction, reconstruction, remodeling, repair or replacement, when the improvement is determined by the Council to confer a special and peculiar benefit on certain properties, and such properties are to be charged through assessment all or a portion of the improvement cost.
17.04.070 Public Improvement
17.04.080 Engineer’s Estimate
[No change.]
Commentary
Chapter 17.08 – Local Improvement Procedure
All provisions within Chapter 17.08 are being repealed and replaced with new sections.
AMEND CHAPTER 17.08, LOCAL IMPROVEMENT PROCEDURE
17.08.010 Council Control
17.08.020 Charter Provisions Applicable
17.08.030 Scope of Improvements
17.08.040 Institution of Local Improvement Proceedings
17.08.050 Review of Proposed Improvements
17.08.060 Plans and Specifications
17.08.070 Determination of Intention to Construct Improvement
17.08.080 Publication and Notices of Intention to Construct
17.08.090 Remonstrances Against Proposed Improvement
17.08.100 Hearing on Proposed Improvement
17.08.110 Jurisdiction to Proceed with Improvement
17.08.120 Time and Manner Ordinance
17.08.130 Contract for Improvement Construction
17.08.140 Contract Completion - Remonstrances
17.08.150 Acceptance of Work
[Repealed in its entirety and replaced with the following.]
Commentary
17.08.010 Definitions and Scopes of Duties
This section defines the Responsible Bureau in lieu of existing section 17.08.030, which addresses scope of improvements. Language addressing scope of improvements is being repealed since it duplicates state law.
Scopes of duties related to LIDs are now clarified in this section. Additional language is added to clarify that City Council designates the Responsible Engineer for LID projects involving a bureau not identified within this section.
Included in these scopes of duties is the role of the Local Improvement District Administrator, which was created by the passage of resolution #35937 on November 1, 2000. This resolution transferred most responsibilities for LIDs from the City Auditor to the Local Improvement District Administrator.
17.08.010 Definitions and Scopes of Duties
A. The “Responsible Bureau” for a local improvement is as follows:
1. The Bureau of Transportation Engineering & Development is the Responsible Bureau for street and other transportation improvements;
2. The Bureau of Environmental Services is the Responsible Bureau for sanitary sewer, stormwater management and other environmental improvements;
3. The Bureau of Water Works is the Responsible Bureau for water improvements; and
4. City Council shall designate the Responsible Bureau for a local improvement that is not addressed by this section.
B. “Local Improvement District Administrator” means the person designated by the City Engineer to administer the City’s local improvement district program.
C. The Responsible Engineer as identified in Section 17.04.037 is responsible for:
1. Preparing a preliminary engineer’s estimate;
2. Preparing plans and specifications;
3. Entering into a contract for improvement construction and/or engineering;
4. Handling completion of construction and acceptance of work;
5. Preparing a final engineer’s estimate; and
6. Any other work related to engineering or construction.
D. The Local Improvement District Administrator is responsible for:
1. Preparing a petition for a local improvement district and determining the validity of a petition for a local improvement district as appropriate;
2. Recommending an assessment methodology or assessment methodologies for a local improvement district to City Council;
3. Analyzing financial feasibility of a local improvement district prior to formation;
4. Preparing and filing a resolution of intent for formation of a local improvement district;
5. Publishing and posting notices for the formation hearing of a local improvement district;
6. Preparing and filing a formation ordinance for a local improvement district;
7. Responding to remonstrances against formation of a local improvement district;
8. Presenting significant changes to scope or cost of improvements to City Council after formation of a local improvement district;
9. Recommending abandonment of a local improvement district;
10. Determining the total cost of the local improvement;
11. Publishing and posting notice of final assessment for a local improvement district;
12. Preparing and filing the final assessment ordinance for a local improvement district;
13. Responding to objections against final assessment of a local improvement district; and
14. Any other work related to processing or completing local improvement districts.
Commentary
17.08.010 Definitions and Scopes of Duties (continued)
Continues from previous page; see previous commentary.
17.08.020 City Council Control
The reference to benefit to the general public is deleted. Any local improvement will to some degree benefit the general public, but there is no practical way to assess properties outside the local improvement district for such benefit. The purpose of these changes is to simplify City Code. In lieu of being included in this section, jurisdiction of Council to proceed when remonstrances are received is eliminated from existing section 17.08.110 since it duplicates City Charter.
17.08.030 Charter Provisions Applicable
This section acknowledges that portions of the City Charter predate relevant provisions of the Oregon Constitution and state law. The change provides for City Code to apply in lieu of City Charter where City Charter conflicts with state law. The purpose of these changes is to provide consistency with state law.
17.08.040 Initiation of Local Improvement Proceedings
This section clarifies the ways local improvement district proceedings may be initiated. Though City Council rarely initiates a local improvement district proceeding in the absence of a valid petition, few people are aware that City Council may do so on its own prerogative. More than one mechanism can operationally be relied upon as the basis for filing a resolution of intent.
E. The City Auditor shall be responsible for:
1. Mailing notices for the formation hearing of a local improvement district at the direction of the Local Improvement District Administrator;
2. Receiving written remonstrances against the formation of a local improvement district, and forwarding such remonstrances to the Local Improvement District Administrator for a response;
3. Maintaining records of preliminary estimates of assessments;
4. Mailing notices for the final assessment hearing for a local improvement district at the direction of the Local Improvement District Administrator;
5. Receiving written objections to the final assessment for a local improvement district, and forwarding such objections to the Local Improvement District Administrator for a response;
6. Entering final assessments for a local improvement district into the docket of City Liens upon passage of an assessment ordinance for a local improvement district;
7. Mailing of notices of final assessment to property owners after passage of the assessment ordinance and entry into the docket of City Liens;
8. Determining the individual financial capacities of property owners, and whether to offer bonding, if requested; and
9. Obtaining interim financing to pay for local improvement costs prior to bonding.
17.08.020 City Council Control
Whenever the City Council deems it expedient, it may order an improvement; when the City Council determines that such improvement will afford a special benefit to property within a particular district, the City Council shall classify it as a local improvement, and provide for payment of all or a portion of the cost thereof by imposition and collection of local assessments on the property benefited.
17.08.030 Charter Provisions Applicable
Charter provisions applicable to local improvements shall be followed by the City except where Charter provisions are not consistent with state statute or the Oregon Constitution. In case of such inconsistency, City Code shall apply.
17.08.040 Initiation of Local Improvement Proceedings
A. City Council may, at its discretion, initiate a local improvement proceeding by adopting a resolution of intent to undertake a capital construction project, or part thereof, based on:
1. A valid petition of support per the criteria in Section 17.08.050, signed by property owners and filed with the Local Improvement District Administrator;
2. A recommendation from the Responsible Bureau; and/or
3. Its own initiative.
B. Where a sewer local improvement is ordered pursuant to an Environmental Quality Commission Order and a sewer plan has been developed and adopted by the City Council, preparation of the construction plans and specifications for that improvement may begin without action by the City Council.
Commentary
17.08.050 Petition for a Local Improvement District
Requirements for a petition are deliberately minimal. The intent is to avoid making the petition unnecessarily encumbered with extraneous information that may change. A petition will be accompanied by information that explains the proposal in greater detail, including costs, and will clarify that the petition is to be submitted to the Local Improvement District Administrator.
Subsection C clarifies that waivers of remonstrance are included in calculating whether a valid petition has been filed with more than 50% support. This section also clarifies the existing practice of automatically counting government property in support of proposed improvements. The intent is to avoid property owned by the City (including the Portland Development Commission) from impeding City Council consideration of local improvement district formation favored by private property owners.
Subsection D allows the Local Improvement District Administrator to avoid taking a new petition immediately back to City Council for consideration if it substantially duplicates a local improvement district proposal previously considered by City Council, thereby providing for a “cooling off” period.
Subsection E calls for the Local Improvement District Administrator to collectively evaluate property owner default risk (and therefore project financial feasibility) at the outset of the project; the City Auditor still retains the ability to individually require payment in lieu of financing after final assessment as currently provided for in Section 17.12.140.
Subsection F allows the Local Improvement District Administrator to complete petition proceedings notwithstanding turnover in property ownership. However, all property owners in support of a valid petition must have held title to their properties at a particular point in time. The intent is to avoid invalidation of a good-faith effort to form a local improvement district solely on the basis of property ownership turnover, especially given that the City is rarely informed of such turnover as it occurs, or by prospective sellers of property. However, the City makes every attempt to send petitions to new property owners.
Responsibility for petition evaluation is transferred from the City Engineer to the Local Improvement District Administrator.
17.08.050 Petition for a Local Improvement District
A. A petition of support may be prepared by the Local Improvement District Administrator or by owners of property that may be specially benefited by the proposed improvement.
B. The petition shall include:
1. The name or designation of the improvement;
2. A map or clear description of the location of the improvement;
3. The general character and scope of the improvement; and
4. A proposed assessment methodology.
C. The Local Improvement District Administrator shall review a petition for the proposed local improvement district to determine if the petition is valid. A petition will be considered valid only when property owned by petition signers added to property covered by waivers of remonstrance and property owned by the City represents more than 50 percent of the property in the proposed district as measured by the proposed assessment methodology. Property owned by the City, including property owned through the Portland Development Commission, shall be counted in support of formation of a local improvement district.
D. The Local Improvement District Administrator will not consider a petition valid if a petition for a substantially similar local improvement district has been filed in the previous 6 months and City Council resolved not to proceed with the substantially similar district.
E. In reviewing the petition, the Local Improvement District Administrator shall also identify delinquencies in taxes or City liens in the proposed district and determine the bonding capacities of the properties within the proposed local improvement district. The Local Improvement District Administrator shall analyze project financial feasibility by determining whether the sums assessed together with all unpaid sums then outstanding as assessments against the properties would exceed one-half the real market valuation of the properties as shown on the latest county tax rolls.
F. A petition of support will not be disqualified as a result of a subsequent transfer in property ownership. However, the new property owner has a right to remonstrate against the proposed improvement as provided in Chapter 17.08.
Commentary
17.08.060 Resolution of Intent
This Section is titled as “Resolution of Intent” in lieu of the title of existing Section 17.08.070, “Determination to Construct Improvements”.
This section outlines notification requirements of the Resolution of Intent, and also clarifies what should be contained in the Resolution of Intent. The intent is to not only check in with City Council early on in the process as to whether to proceed with formation of a local improvement district, but also to allow for guidance on the manner in which the local improvement district should be formed. In most cases, the public will be asked to first testify at the Resolution of Intent Hearing rather than waiting until the LID Formation Hearing.
Subsection A clarifies when the Local Improvement District Administrator shall prepare a Resolution of Intent. The primary purpose of the Resolution of Intent is to forward petition support to City Council as the basis for consideration of forming an LID. Included in the Resolution of Intent is an administrative recommendation of the LID Administrator whether to proceed with or terminate the process as noted in the next subsection.
Subsection B simply gives direction to the Local Improvement District Administrator whether to proceed. Current City Code language is not clear on whether the Local Improvement District Administrator can even recommend that City Council not proceed with formation of a Local Improvement District. Criteria for such a recommendation will not be spelled out in City Code, since this administrative recommendation is ultimately subject to the legislative discretion of City Council.
Subsections C and D spell out what happens after the Resolution of Intent is passed.
Subsection E clarifies that a defect as to the validity of a petition will not be fatal to the local improvement district.
Subsection F spells out circumstances under which City Council may want to suspend, but not terminate, proceedings to form a local improvement district.
Subsection G clarifies that City Council action to terminate the local improvement district process also terminates further work by the Local Improvement District Administrator.
Informal notification of the Resolution of Intent Hearing will usually be provided by the Local Improvement District Administrator, but is not required or prescribed by City Code. However, property owners always have the right to testify or remonstrate at the LID Formation Hearing irrespective of whether they have done so at the Resolution of Intent Hearing.
17.08.060 Resolution of Intent
A. The Local Improvement District Administrator shall prepare and file a resolution of intent for the City Council’s consideration if after the review specified in Section 17.08.050 the Local Improvement District Administrator determines a petition is valid; if a Responsible Bureau recommends initiation of a local improvement district; and/or if a member of City Council requests initiation of a local improvement district.
B. The resolution of intent shall include the following: the name or designation of the improvement; the location of the improvement; a map or clear description of the district boundary; the general character and scope of the improvement; a preliminary estimate of the total cost of the local improvement; the proposed assessment methodology; the proportion of funding to be borne by property owners and other sources, if applicable; the designated Responsible Bureau if the project scope is not addressed by Section 17.08.010; a statement of whether the City Council intends to construct the improvement; and direction to the Local Improvement District Administrator to do one of the following:
1. Initiate formation proceedings on the proposed local improvement district; or
2. Suspend proceedings on the proposed local improvement district; or
3. Terminate the process for forming the proposed local improvement district.
C. If City Council passes a resolution of intent to construct the improvements, City Council shall direct the Local Improvement District Administrator to initiate local improvement district formation proceedings as set forth in Section 17.08.070.
D. The City Council may direct that the engineering and construction work shall be done in whole or in part by the City, by a contract, by direct employment of labor, by another governmental agency, or by any combination thereof.
E. If a petition is not valid, but the City Council determines that an improvement should be constructed, it may initiate the proceedings by adopting a resolution of intent to construct the improvement.
F. If the City Council determines that some other construction, such as installation of water lines, sewer lines prior to a street improvement, installation of fire hydrants, utility lines or conduits, conduits for underground service for street lights, or any other underground construction should precede the particular proposed improvement, then the City Council may suspend the proceedings for the proposed improvement until such construction has been started or completed.
G. If the City Council passes a resolution to terminate the process for forming the local improvement district, no further action shall be taken by the Local Improvement District Administrator on the district for a period of 6 months, other than actions to close the project.
Commentary
17.08.070 Local Improvement District Formation and Remonstrances
Publication and formal notification by the City Auditor is required only for the LID Formation Hearing (currently known as the Time and Manner Hearing) and the Final Assessment Hearing. Required elements of publication, posting and mail notices are enumerated separately for ease of clarification.
Preliminary estimates of assessments are retained as electronic lien records by the City in lieu of recording at the County as allowed by state law. This is not a change to current procedure.
Publication requirements in the City newspaper have been decreased from three times to twice to reduce expense to property owners and to standardize LID publication requirements for simplicity.
Instead of publishing the Resolution of Intent, substantive requirements for publication are enumerated.
Posting responsibility has been changed from the City Engineer to the Local Improvement District Administrator, and specific substantive information requirements have been substituted in lieu of the actual Resolution of Intent.
Substantive information required in the notices mailed to property owners by the City Auditor is more clearly enumerated. This responsibility is not transferred to the Local Improvement District Administrator.
Existing Code language relating to the Resolution of Intent provides for information to be filed that is actually filed as part of the LID Formation (currently Time and Manner) Ordinance. Therefore, the detailed requirements of what needs to be contained in the LID Formation Ordinance are now instead contained in this section.
17.08.070 Local Improvement District Formation and Remonstrances
A. Notice of Public Hearing
1. Publication Notice: Except as otherwise provided by Charter for changes to street grades, the Local Improvement District Administrator shall publish 2 notices of the City’s intent to form a local improvement district by publication in a paper of general circulation in the City at least 14 calendar days before the formation hearing. The notices shall include the following information:
a. The time, date and place of the formation hearing before City Council;
b. The name of the proposed district;
c. A description of the type and scope of improvements to be made;
d. A map or description of the area proposed for inclusion in the district for which a legal description is not required;
e. A preliminary estimate of the total cost of the local improvement based on the preliminary engineer’s estimate;
f. The methodology or methodologies by which properties will be assessed;
g. A statement that the proposal could be modified as a result of the testimony at the formation hearing and that property owners should attend the hearing to have an opportunity to testify on proposed changes;
h. A statement mentioning the right to remonstrate, who may remonstrate, how remonstrances can be made, the deadline for filing remonstrances; and where remonstrances must be filed; and
i. Contact information for the Local Improvement District Administrator.
2. Posting Notice: At least 14 calendar days before the local improvement district formation hearing, the Local Improvement District Administrator shall cause to be posted conspicuously within the proposed assessment district, at least two notices headed “Notice of Proposed Improvement” in letters not less than 1 inch in height, and the notices shall contain in legible characters the information required in Section 17.08.070.A.1. The Local Improvement District Administrator shall place an affidavit of the posting of such notices within the project file, stating therein the date when and places where the notices have been posted.
3. Mail Notice: At least 21 calendar days before the local improvement district formation hearing on the proposed improvement, the City Auditor, at the direction of the Local Improvement District Administrator, shall mail to the owner of each property within the proposed assessment district, a notice containing the following:
a. The information required in Section 17.08.070.A.1;
b. A description of the property; and
c. A preliminary estimate of the assessment for the property.
4. A record shall be kept of the mailing, posting and publication of any notice required by this Ordinance. Any mistake, error, omission or failure with respect to publication, posting or mailing notice shall not affect City Council’s jurisdiction to proceed or otherwise invalidate the local improvement proceedings when notice is provided by at least one of the methods in this Section.
Commentary
17.08.070 Local Improvement District Formation and Remonstrances (ctn’d)
Remonstrances continue to be filed with the City Auditor, but are forwarded to the Local Improvement District Administrator for a response. Additional language has been added to clarify that property owners may withdraw their remonstrances until the close of the LID Formation Hearing.
Remonstrances must be filed in writing and must either be mailed or delivered in person to the City Auditor. The City Auditor is not responsible for e-mailed and faxed remonstrances. The intent is to ensure that remonstrances are submitted properly and therefore receive a response in the Report to Council.
B. Remonstrances
1. If property owners choose to remonstrate against the proposed improvement such remonstrances must be received by the City Auditor by 5:00 PM seven (7) calendar days prior to the local improvement district formation hearing. A remonstrance must be in writing and must be delivered in person or by first class U.S. mail to the City Auditor. The City Auditor is not responsible for remonstrances sent via facsimile or via e-mail. The remonstrance shall state the reasons for the objection. Any person acting as agent or Attorney with power to act in signing the remonstrance shall, in addition to describing the property affected, file with the remonstrance a copy in writing of the authority to represent the owner or owners of property. The City Auditor will forward the remonstrance to the Local Improvement District Administrator for a response. A written remonstrance may be withdrawn at any time before the close of the City Council hearing on the formation of the District.
2. Owners of property covered by waivers of remonstrance may submit an objection; however such an objection shall not be considered for purposes of determining Council jurisdiction as provided by Chapter 9 of the City Charter for the particular type of improvement.
3. The number of remonstrances that will defeat formation of a proposed local improvement district shall be as provided by Chapter 9 of the City Charter for the particular type of improvement.
C. Formation Ordinance
1. The local improvement district formation ordinance shall contain at least the following findings:
a. Name of the proposed local improvement district;
b. A general description of the project scope as may also be shown on a typical section;
c. A description of the proposed local improvement district with a reference to specific district boundaries, or a map showing the area proposed for inclusion in the local improvement district;
d. A preliminary estimate of the total cost of the local improvement, including design, construction, engineering, project management and financing;
e. The assessment methodology or methodologies by which benefit within the local improvement district will be assigned;
f. A preliminary estimate of assessments for each property owner within the local improvement district based on the proposed assessment methodology or methodologies;
g. A statement as to the financial feasibility of the district, based on the preliminary estimate of assessments and outstanding past assessments and taxes; and
h. An exhibit containing findings addressing each remonstrance received, and number of remonstrances received.
Commentary
17.08.070 Local Improvement District Formation and Remonstrances (ctn’d)
A remonstrance must be resubmitted if City Council significantly alters the scope of the project.
2. The local improvement district formation ordinance shall contain at a minimum directives that:
a. Create the district;
b. Include benefited properties in the district as shown on an attached exhibit;
c. State the property owners’ share of the costs that the benefited properties will be assessed, and any other entities’ shares, as applicable;
d. State the assessment formula or assessment formulas;
e. Direct the Responsible Engineer to arrange for the preparation of plans and specifications;
f. Direct the Responsible Engineer to arrange for construction of the improvement;
g. Direct the City Auditor to obtain interim financing to pay for local improvement costs prior to bonding; and
h. Sustain or overrule any remonstrances received.
D. Local Improvement District Formation Hearing
1. The City Council shall hold a public hearing on the proposed improvement. As provided by Section 17.08.070.A.3, the hearing shall be held at least 21 calendar days after the date notice was deposited in the mail. The City Council may continue or discontinue the proceedings; may direct a modification of its resolution of intent; or may direct formation of the district and override any remonstrances, provided the City Council retains jurisdiction as provided by Chapter 9 of the City Charter for the particular type of improvement. The City Council may direct a modification to the location or scope of the improvement, and/or to the assessment district which it deems will be benefited by the improvement; or make such other modifications in the proceedings as it finds reasonable.
2. Modification of Scope of Improvements: If the City Council significantly modifies the scope of the improvement within the adopted formation ordinance so that an assessment is likely to be significantly increased upon one or more properties, or if the City Council enlarges the assessment district within the adopted formation ordinance, then a new preliminary estimate of assessments will be made and new notices shall be sent to the property owners within the proposed district, and another hearing shall be held. The notice shall advise property owners who still wish to remonstrate that their remonstrance must be resubmitted. However, no new publication or posting shall be required. In the event of modification that meets the objection of any remonstrance, such remonstrance shall not be counted as such unless renewed following such modification.
3. Decision to Form District: Upon completion of the hearing process, the City Council may approve or decline formation of a district by ordinance. As provided in Section 17.08.070.C.1, a decision to approve formation of a district shall be supported by findings supporting a conclusion of special benefit and addressing the remonstrances, and shall direct the Local Improvement District Administrator to arrange for construction of the local improvement.
Commentary
17.08.070 Local Improvement District Formation and Remonstrances (ctn’d)
A subsection has been added to underscore the finality of City Council’s decision to establish the properties to be assessed, and the methodology by which they will be assessed, and to clarify that changes may not be made prior to the Final Assessment Hearing.
The City may use the Maintenance Bureau for smaller projects in lieu of contracting out construction. This is currently limited by state law to a maximum value of $125,000. Clarification is also made that engineering may be contracted out (traditionally only construction has been contracted out). Operational details of how this might occur need to be clarified later, but would most likely combine elements of the Local Improvement District and Street Permit programs. Additional stakeholder input will be sought to evaluate practical feasibility and legal requirements of state and federal law.
17.08.080 Changes to Scope or Cost of Improvement and Notice to Proceed
No provision currently exists in City Code for handling major changes to project scope or cost. This new section provides for an additional City Council hearing for such an event.
4. If the City Council approves formation of the local improvement district, the Responsible Engineer shall arrange for the preparation of plans and specifications. Upon completion, approved plans will be available for inspection at the Responsible Bureau for at least the minimum time period specified in its Records Retention and Disposition Schedule. The local improvement may be constructed and/or engineered in whole or in part by the City or by another government agency, or the City may seek bids for any portion of the local improvement.
5. The City Council shall have final determination of the kind and character of the local improvement, its location and extent, materials to be used, and all matters contained in the plans and specifications.
6. The City Council shall also have final determination of the assessment formula and boundaries of the district that is to be assessed for the costs of the improvement. The possibility or likelihood that some property contained in the property description of the proposed assessment district may not be benefited by the proposed improvement shall not invalidate the district description.
7. Upon City Council’s passage of an ordinance forming a local improvement district, the assessment formula may not be changed notwithstanding concurrence among the property owner(s), nor can the assessment obligation be transferred to a property not included in the local improvement district. No release of obligation shall be made by the City Auditor until after final assessment is made.
17.08.080 Changes to Scope or Cost of Improvements and Notice to Proceed
A. After formation of a local improvement district, City Council shall hold a public hearing to consider significant and material changes to the proposed scope or to the estimate of the total cost of the local improvement that may arise during the course of final engineering.
B. For such a hearing, notice shall be in the manner provided by Section 17.08.070. In addition to meeting the provisions of Section 17.08.070, the notice shall also state the nature of the proposed modifications to the scope of improvements or to the preliminary estimate of the total cost of the local improvement previously approved at the Local Improvement District formation hearing. Property owners shall have the opportunity to remonstrate against the significant changes in the manner provided by Section 17.08.070. If the improvement district was initiated by petition, no new petition will be required.
C. If there are no significant changes to scope or cost of improvements or if City Council has approved significant changes to scope or cost of improvements as provided in this section, the Responsible Engineer may issue a Notice to Proceed to begin construction as the Responsible Engineer finds appropriate. Construction of the local improvement shall be in substantial accordance with the plans and specifications adopted by the Responsible Engineer.
Commentary
17.08.090 Abandonment of Local Improvement District
No provision currently exists in City Code for abandonment of a local improvement district. This new section clarifies that such a decision is the legislative discretion of City Council, not an administrative decision by the Local Improvement District Administrator.
17.08.100 Completion of Construction
Existing Code language addressing a contract for improvement construction (current Section 17.08.130) is repealed since it duplicates provisions of Title 5. In addition, not all projects will be constructed using the public bidding process.
The requirement for a City Council hearing is eliminated unless the cost of the project exceeds the thresholds identified in Purchasing code. In practice it is difficult to respond to construction remonstrances at a City Council hearing. The operational intent is to send letters to property owners in advance of finalizing completion with the contractor, which will provide a much better opportunity to respond to construction-related concerns.
Public testimony is rarely received at contract completion hearings, and construction-related concerns are much more likely to be raised at final assessment hearings. Nothing precludes the opportunity to address such concerns at this time, even though the final assessment hearing technically only addresses assessment, and not construction.
A new provision in this section allows final assessment to proceed for a local improvement district in the event of a contract dispute, which does not otherwise affect the scope or cost of the improvements provided to property owners. The purpose is to minimize interest expense to property owners. However, property owners are always free to remonstrate at the final assessment hearing if a certificate of completion has not been issued to the contractor.
City Council will hold a hearing to accept completion of work and authorize final payment if the Bureau of Purchases does not have authority to do so under existing Purchasing Code contained in Section 5.33 of City Code.
17.08.090 Abandonment of Local Improvement District
The City Council shall have full power and authority to abandon and rescind proceedings for local improvements at any time prior to the final completion of the improvements.
17.08.100 Completion of Construction
A. After the work financed by the local improvement district has been completed satisfactorily, the Responsible Engineer shall prepare a certificate of completion. The Responsible Engineer shall also prepare a final engineer’s estimate showing the costs of all engineering and construction work performed. The certificate of completion shall be deemed acceptance by the City of the local improvement work.
B. Authorization for final payment will be made as provided by Chapter 5.33 of City Code.
C. The Local Improvement District Administrator will include the final engineer’s estimate and a copy of the certificate of completion with the filing of the final assessment ordinance as set forth in Section 17.08.130.
D. Notice of completion of the work need not be provided except as may be required elsewhere in City Code.
E. If a local improvement is substantially complete except for a contract dispute, or if a scope of improvement included in the construction contract but not included in the local improvement is incomplete, the Responsible Engineer at the discretion of the Responsible Bureau may file a written report attesting that the local improvements are complete in lieu of a certificate of completion. The Local Improvement District Administrator will file a copy of this written report with the final assessment ordinance to accept the local improvement district project as complete. The provisions set forth in Section 17.08.100.A apply, except that the written report substitutes for the certificate of completion. Any further project or financing costs incurred subsequent to final assessment will be the responsibility of the Responsible Bureau, not of the property owners.
Commentary
17.08.110 Total Cost of Local Improvement
Responsibility for determining the total cost of the improvement has been transferred from the City Auditor to the Local Improvement District Administrator. Additional clarification has been added that pending costs can be included, so long as the actual cost of the improvement is greater than the amount assessed. The intent is to avoid waiting for minor costs to be reflected the City’s general ledger.
Existing Section 17.12.020, which allows recovery of engineering and administration, has been combined into this section.
17.08.120 Alternative Financing Methods
This section clarifies that local improvement district funding may be combined with other founding sources to construct local improvements.
17.08.110 Total Cost of Local Improvement
A. After the work financed by a local improvement district has been accepted as complete, the Local Improvement District Administrator shall determine the total cost of the local improvement, including costs identified in the final engineer’s estimate and any pending costs.
B. The total cost of the local improvement that may be assessed against the properties specially benefited by the improvement shall include, but not be limited to the following:
1. Direct or indirect costs incurred in order to undertake the capital construction project such as the costs of labor, materials, supplies, equipment, permits, survey, engineering, administration, supervision, inspection, insurance, advertising and notification, administration, accounting, depreciation, amortization, operation, maintenance, repair, replacement, contracts, debt service and assessment;
2. Financing costs, including interest charges; the costs of any necessary property, right-of-way or easement acquisition and condemnation proceedings; and
3. Attorneys’ fees and any other actual expense as allowed by state law.
C. Engineering and project management performed by the City in connection with local improvements shall be charged at the rate of 100 percent of the direct cost of services performed computed in accordance with the provisions of Section 5.48.030. The Responsible Engineer shall prepare a final engineer’s estimate of the engineering and construction costs. A final estimate of the total project costs, including costs reflected in the final engineer’s estimate, shall be prepared by the Local Improvement District Administrator.
D. The City Auditor shall maintain a fee schedule that shall be used for determining the charge to be made by the City Auditor for City Auditor’s Office administrative services and general City administrative services in connection with local improvements. These charges will include a Superintendency fee; a recording fee which shall be fixed regardless of the amount of the assessment; and a monthly billing fee if the property owner does not pay the full assessment at the time it is levied.
17.08.120 Alternative Financing Methods
Nothing contained in this Chapter shall preclude the City Council from using any other available means of financing portions of local improvements, including but not limited to city funds, federal or state grants, user charges or fees, revenue bonds, general obligation bonds, or any other legal means of finance. In the event that such other means of financing improvements are used, the City Council may make assessments to pay any remaining part of the total costs of the local improvement.
Commentary
17.08.130 Final Assessment and Objections
Responsibility for determining the apportionment of proposed final assessments has been transferred from the City Auditor to the Local Improvement District Administrator.
Additional requirements for the notice of proposed final assessment have been specified, and the publication requirements have been standardized. While notices are still mailed by the City Auditor, clarification has been made that this is done at the direction of the Local Improvement District Administrator, who determines the proposed final assessments.
Objections continue to be filed with the City Auditor, but are forwarded to the Local Improvement District Administrator for a response. Clarification is made that property owners may withdraw their objections until the close of the LID Formation Hearing.
Additional language has been added to clarify that the Local Improvement District Administrator proposes final assessment amounts; City Council may approve them or substitute different amounts than those proposed by the Local Improvement District Administrator.
Flexibility has been provided to allow for an effective date less than 30 days after passage. The intent is to avoid reliance upon emergency ordinances when final assessment needs to take effect less than 30 days after passage.
A provision has been added for forming a new local improvement district, which is compatible with Article XI Section 11b of the Constitution of Oregon, which prohibits a second assessment after final assessment.
The role of the Local Improvement District Administrator in determining and correcting assessment errors is clarified.
Final assessments are retained as electronic lien records by the City in lieu of recording at the County as allowed by state law. This is not a change to current procedure.
17.08.130 Final Assessment and Objections
A. Apportionment of Proposed Final Assessments
1. Whenever any local improvement, any part of the cost of which is to be assessed upon the property specially benefited thereby, is completed in whole, or in such part that the cost of the whole can be determined, the Local Improvement District Administrator shall file the final estimate of the total cost of the local improvement and prepare a proposed final assessment according to the assessment formula approved by City Council upon the properties in the district, including upon any land owned by the City.
2. If the City Council has determined that a portion of the total cost of the local improvement is to be paid from public funds, other than the benefit assessment to be imposed upon land owned by the City and lying within the assessment district fixed by the City Council, the Local Improvement District Administrator shall deduct from the total cost of the local improvement such allocation of costs to public funds provided by the City Council and shall apportion the remainder of such total cost on the properties within the assessment district.
3. When the Local Improvement District Administrator has calculated the assessment for each property, the Local Improvement District Administrator shall file the proposed final assessment roll with the City Council through the Commissioner-in-Charge of the Responsible Bureau.
B. Notice of Proposed Final Assessments
1. At least 21 calendar days before the public hearing on the proposed final assessment, the City Auditor at the direction of the Local Improvement District Administrator shall provide notice to the owner of each property or to the owner's agent as shown in the County tax record either by mail or by personal delivery. The notice shall state:
a. The property description;
b. The amount of the proposed final assessment against the property;
c. A statement that this amount could be modified as a result of objections filed by other property owners in the district unless the cost to property owners is fixed;
d. The date, time and place of the final assessment hearing;
e. The deadline and manner for filing objections to the proposed final assessment; and
f. Contact information for the Local Improvement District Administrator.
2. The Local Improvement District Administrator shall publish 2 notices of the proposed final assessment in a newspaper of general circulation in the City at least 14 calendar days prior to the final assessment hearing.
C. Final Assessment Hearing and Objections
1. Any owner of property proposed to be assessed a share of the cost of a local improvement may file an objection to the proposed final assessment in writing with the City Auditor. The objection must be received by the City Auditor no later than 5:00 PM seven (7) calendar days prior to the hearing by City Council on the proposed final assessment. The City Auditor will forward the objection to the Local Improvement District Administrator for a response. The objection shall be filed in the same manner as set forth in Section 17.08.070.B and shall state the reasons for the objection. However, objections received to final assessment shall not affect Council jurisdiction over final assessment proceedings.
Commentary
17.08.130 Final Assessment and Objections (ctn’d)
Continues from previous page; see previous commentary.
2. The City Council shall hold a hearing on any objections on the date set forth in the notice, and at that time shall consider objections made by the owners of property at the hearing. The hearing may be continued as the City Council may find appropriate.
3. At the hearing, the City Council at its discretion shall determine and approve the amount to be assessed upon each property within the assessment district, which amount does not exceed the special benefits accruing to such property from the improvement and the sum of which amount and other amounts assessed against properties within the assessment district do not exceed the total cost of the local improvement. The amount of each assessment as determined by City Council shall be based on the City Council’s finding of special benefit to the property.
D. Final Assessment Ordinance
1. The City Council shall pass an assessing ordinance that shall set forth the assessments against the respective properties within the assessment district.
2. The ordinance shall:
a. Include an exhibit containing findings addressing each objection received, and number of objections received
b. State the total cost and assessment formula used
c. Include a statement that each property is specifically benefited in the amount shown in the assessment roll;
d. Include a statement that the project has been constructed as provided in the plans and specifications adopted; and
e. Contain a directive to sustain or overrule the objections.
3. Upon passage of the assessing ordinance, the City Auditor shall enter the assessments in the docket of City liens and follow the assessment procedure set forth in Chapter 17.12. As provided by City Charter, the assessment ordinance shall take effect immediately upon passage or on any date fewer than 30 days after passage that is specified in the final assessment ordinance.
4. Claimed mistakes in the calculation of assessments shall be brought to the attention of the Local Improvement District Administrator, who shall determine whether there has been a mistake. If the Local Improvement District Administrator finds that there has been a mistake, he or she shall recommend to the City Council an amendment to the assessment ordinance to correct the error. On enactment of an amendment, the City Auditor shall cause the necessary correction to be made in the City lien docket. Such correction shall not change assessments against any other property within the district.
E. Formation of a new local improvement district: In the event a court of law holds that the formation of a local improvement district was invalid or improper procedures were used, property owners may be assessed after the new district is formed if the properties are again included.
Commentary
17.12.010 Total Cost of Improvement
Incorporated within new Section 17.08.110. This language is specific to local improvement district assessments, not to general assessment procedure.
17.12.010 Lien Docket and General Assessment Procedure
This new section clarifies general assessment procedure applicable to all assessments, including local improvement districts.
17.12.020 Allowance for Engineering and Administration
Incorporated within new Section 17.08.110. This language is specific to local improvement district assessments, not to general assessment procedure.
17.12.030 Estimate of Cost – Apportionment of Assessments
17.12.040 Notice of Proposed Assessments
17.12.050 Remonstrances and Hearings
Incorporated within new Section 17.08.130. This language is specific to local improvement district assessments, not to general assessment procedure.
17.12.060 Assessing Ordinance
17.12.070 Notice of Assessment
17.12.080 Payment of City’s Share
No change.
17.12.090 Deficit Assessment
Repealed in its entirety to due its conflict with Article XI Section 11b of the Constitution of Oregon, which prohibits a second assessment after final assessment to fix any such errors.
17.12.100 Surplus
No change.
AMEND CHAPTER 17.12, ASSESSMENTS
17.12.010 Total Cost of Local Improvement
[Repealed in its entirety.]
17.12.010 Lien Docket and General Assessment Procedure
A. The City will maintain a lien docket and general assessment procedure as set forth in the Chapter for the assessment of:
1. Local improvement district assessments;
2. System development charge assessments;
3. Sidewalk maintenance and repair assessments;
4. Enforcement of City Code; and
5. Other assessments prescribed by City Code.
B. In addition to the general assessment procedure set forth in this Chapter, specific assessment procedures are set forth as follows:
1. Local improvement district assessment procedures as set forth in Chapter 17.08;
2. System development charge assessment procedures are set forth in Chapters 17.13, 17.14 and 17.15; and
3. Sidewalk maintenance and repair assessment procedures are set forth in Chapter 17.28.
17.12.020 Allowance for Engineering and Administration
17.12.030 Estimate of Cost – Apportionment of Assessments
17.12.040 Notices of Proposed Assessments
17.12.050 Remonstrances and Hearings
[Repealed in its entirety.]
17.12.060 Assessing Ordinance
17.12.070 Notice of Assessment
17.12.080 Payment of City’s Share
[No change.]
17.12.090 Deficit Assessment
[Repealed in its entirety.]
17.12.100 Surplus
[No change.]
Commentary
17.12.110 Reassessment
Repealed in its entirety to due its conflict with Article XI Section 11b of the Constitution of Oregon, which prohibits a second assessment after final assessment to fix any such errors.
17.12.120 Correction of Mistake in Assessment – Refund or Overpayment
17.12.125 Mid-County Sewer Financial Assistance Program
No change.
17.12.130 Segregation of Assessments
Rule-making authority changes from City Council to the City Auditor. Other changes are made to provide consistency with state law.
Existing Subsection H is repealed so that segregations need not be taken back to City Council for approval. It is neither practical nor reasonable to require City Council to reapprove an assessment just because of a change in legal description. Subsection D of this chapter already directs that the segregation is calculated on the same basis as the original assessment, and that it is recorded in the docket of City Liens. The new liens are created with all of the same assessment information as the original, and can easily be traced back to the original lien and assessment authority.
The requirement for a certificate from the County Assessor has been repealed. This documentation may have been necessary when electronic access was not available. This information is readily available now so such a requirement is not necessary.
17.12.110 Reassessment
[Repealed in its entirety.]
17.12.120 Correction of Mistake in Assessment – Refund or Overpayment
17.12.125 Mid-County Sewer Financial Assistance Program
[No change.]
17.12.130 Segregation of Assessments
A. A lien against the real property in favor of the City may be segregated on the application of the owner(s), subject to the provisions of this section and any rules adopted by the Council City Auditor. Proof of ownership must be provided by the applicant when the applicant is not the owner of record as shown on the county tax roll.
B. Applications shall be made to the City Auditor and shall include:
1. A legal description of each tract to be segregated;
2. The names of the owners of each tract, and the name of each person who will own each parcel should the segregation be approved; and
2. Documentation demonstrating that each tract to be segregated is a lot or parcel created by a subdivision or partition in accordance with ORS 92.010 to 92.190, and is consistent with all applicable comprehensive plans;
3. A certificate from the County Assessor showing the assessed valuation of each tract as of January 1 of the year in which the segregation is requested, if available; otherwise, as of January 1 of the preceding year.
3. The names of the owners of each tract, and the name of each person who will own each parcel should the segregation be approved; and
4. A full legal description that will be assigned by the County Assessor for each lot or parcel that is created as a result of the segregation.
C. [No change.]
D. [No change.]
E. [No change.]
F. [No change.]
G. [No change.]
H. [Repealed in its entirety.]
Commentary
17.12.140 Bonding
Subsection B corrects an error in City Code, which currently implies a 1:2 ratio of property valuation to sums assessed. The change corrects the ratio to 2:1, and also identifies real market valuation in lieu of assessed valuation to reflect Measure 5 changes.
Subsections G and H eliminate the bond financing rate and fees, respectively, from City Code and instead direct the City Auditor to maintain a bond financing fee schedule, to be updated annually. The intent is to avoid periodic rewrites of City Code.
The provision in existing Subsection G to liquidate bond reserve balances is repealed. The administrative complexity of allocating liquidated balances when property ownership turnover occurs, determining which property owners would be eligible for the liquidated balance, the amount of such liquidated balance and the basis upon which the liquidated balance would be calculated make implementation of this section of City Code impractical.
17.12.140 Bonding
A. [No change.]
B. If the sum assessed together with all unpaid sums then outstanding as assessments against the property exceeds double one-half the assessed real market valuation of the property as shown on the latest county tax rolls, then the City Auditor shall reject the application unless the excess is paid in cash with the application and the application is made for the remainder only.
C. [No change.]
D. [No change.]
E. [No change.]
F. [No change.]
G. Bond financing fees shall be charged to each installment contract to defray the costs of financing per a fee schedule on file with the City Auditor. The fee schedule will include a loan creation fee as well as a bond financing fee. Bond financing fees are in addition to costs set forth in Chapter 17.08. Bond financing fees shall be charged to each installment contract to defray the costs of financing as follows:
Loan Creation Fee $40.00 per Lien
Bond Financing Fee $ 4.90 per $1,000 of the loan amount
H. The City may charge a bond reserve fee on each installment payment contract to facilitate the sale of the improvement bonds. Proceeds from the bond reserve fee shall be dedicated to a reserve account and be used as security for the improvement bonds that the City sells to finance the installment payment contract. Any balances in the reserve account shall be returned to owners of the property at the time all bond principal and interest costs are paid and the bonds are retired. A separate bond reserve account shall be created for each bond sale as required by the terms of the sale. This fee shall be in addition to the fees set forth in Chapter 17.08 and in Section 17.12.140.G.
I. The City Auditor shall charge a billing and service charge which shall be added to each statement and which shall be in addition to principal, interest, penalties, costs and other fees. This fee shall be per a fee schedule on file with the City Auditor. This fee shall be $2.50 effective March 18, 1998 in addition to the fees set forth in Chapter 17.08, Section 17.12.140.G, and Section 17.12.140.H.
Commentary
17.12.150 Rebonding
No change.
17.12.160 Monthly Payments on Assessments
No changes; previously repealed.
17.12.170 Collection
No changes; addressed in Section 5.30.
17.12.180 Redemption
17.12.190 Applicability of Charter Provisions
17.12.200 Alternate Procedures
No changes; previously repealed.
17.12.150 Rebonding
[No change.]
17.12.160 Monthly Payments on Assessments
[No change; previously repealed.]
17.12.170 Collection
[No change as provided in Chapter 5.30.]
17.12.180 Redemption
17.12.190 Applicability of Charter Provisions
17.12.200 Alternate Procedures
[No change; previously repealed.]
Commentary
17.24.010 Permits Required
17.42.010 Policy
17.42.020 Maintenance and Construction Responsibility
17.42.025 Maintenance Restrictions
17.42.030 Liability
17.42.040 Definition
Abutting property owners maintain unimproved streets until the streets are constructed to City standards and have been accepted for maintenance by the City. The City of Portland has nearly 68 miles of existing unimproved streets, which would be cost-prohibitive to maintain. Diverting scarce resources to maintain unimproved streets would jeopardize the City’s $5.5 billion investment in existing transportation infrastructure.
Abutting property owners will continue to have responsibility for maintenance of unimproved rights-of-way, but the restriction to only using hand tools will be relaxed. However, property owners may not remove trees, change the street width, or apply asphalt, concrete or other man-made materials to existing dirt or gravel surfaces.
The rate of progress in reducing the City’s inventory of unimproved streets has been slow in recent years, and additional funding to construct these streets to proper standards has not materialized. It is not likely that these streets will soon be improved to City standards, and in turn receive City maintenance services, so property owners need more realistic maintenance options.
Property owners have also indicated their desire to maintain local streets as cost-effectively and efficiently as possible. The restriction to the use of hand tools is in conflict with those objectives. The goal of adopting City Code changes related to street maintenance was included in the Local Improvement District Redesign Process Report adopted by City Council with the passage of Resolution Number 35937 on November 1, 2000. This ordinance will allow property owners to responsibly maintain abutting unimproved rights-of-way as prescribed by City Code, but without costly oversight or involvement from the City, and provides for more private maintenance flexibility. Liability for damages resulting from the defective condition of the street remains with abutting property owners.
Property owners may apply for a permit and submit a set of plans in order to use the City as a resource regarding maintenance work for which a permit is not required. Otherwise, property owners would need to hire their own contractor or engineer. Both sets of options are available to property owners.
AMEND CHAPTER 17.24, PERMITS
17.24.010 Permits Required
A. Any person desiring to make a public improvement, do work in, or use the street area must first obtain a permit therefor from the City Engineer as prescribed in this Chapter, and pay the permit fees set forth in Section 17.24.020, except for maintenance activities allowed without a permit, as set forth in Sections 17.42.020 and 17.42.025.
B. Except as set forth in paragraphs E. and F. below, no person shall be granted a permit to install, construct, reconstruct, repair, alter or maintain facilities for the distribution, transmission or collection of sewer, water, gas, petroleum products, steam, electricity, telecommunications, or other service and any associated wires, cables, poles, conduits, appliances or apparatus in, on, over, through or in any manner beneath the surface of the streets unless that person currently possesses a franchise or privilege granted by the City of Portland or is a City bureau charged with providing such service to the public to generate, transmit or provide any such service including but not limited to electricity, telecommunications, natural gas, sewer, water, stormwater, and pipeline services within the City.
C. Except for street or transportation facility construction and maintenance work done by or under contract with the City Engineer, and except for work allowed to be performed under Subsection E. of this Section 17.24.010 Sections 17.42.020 and 17.42.025, it is unlawful for any person to do any work or perform any act as set forth in this Title without first obtaining a permit therefor. It is unlawful for any person to break up, dig up, cut, excavate or fill in any street or to construct any sidewalk, curb, gutter or to do any work in or upon any street or in any way to tamper with hard surface pavements without first obtaining a permit therefor and paying the fee prescribed in Section 17.24.020. The permit shall be obtained from the City Engineer unless specifically provided otherwise in this Title.
D. [Unchanged.]
E. Notwithstanding anything to the contrary herein, residents and property owners are permitted to fill potholes in adjacent public streets which are not maintained by the City or any other jurisdiction, provided that the fill material used is similar to the existing road material, and provided that only hand tools are used in placing and distributing the fill material.
E. Licensed plumbing contractors having a valid plumbing permit to install water service lines and a valid authorization from the Bureau of Water Works to connect to a public water meter may obtain permits to install water service lines between the property line and the public water meter.
Commentary
17.24.010 Permits Required (ctn’d)
17.42.010 Policy (ctn’d)
17.42.020 Maintenance and Construction Responsibility (ctn’d)
17.42.025 Maintenance Restrictions (ctn’d)
17.42.030 Liability (ctn’d)
17.42.040 Definition (ctn’d)
Continues from previous page; see previous commentary.
F. Licensed plumbing contractors having a valid plumbing permit to install water service lines and a valid authorization from the Bureau of Water Works to connect to a public water meter may obtain permits to install water service lines between the property line and the public water meter.
F. The City Engineer may issue permits to the Bureau of Environmental Services for street openings to facilitate connections to public sewers and to install, repair, and replace sewer mains, laterals, necessary appurtenances and drainage facilities constructed through public and local improvement procedures. The Bureau of Environmental Services shall obtain permits from the City Engineer for use of the street area in accordance with the schedule of fees set forth in Section 17.24.020.
G. The City Engineer may issue permits to the Bureau of Environmental Services for street openings to facilitate connections to public sewers and to install, repair, and replace sewer mains, laterals, necessary appurtenances and drainage facilities constructed through public and local improvement procedures. The Bureau of Environmental Services shall obtain permits from the City Engineer for use of the street area in accordance with the schedule of fees set forth in Section 17.24.020.
G. The City Engineer may issue permits to the Bureau of Water Works for street openings to facilitate connections to the public water system and to install, repair, and replace water mains, laterals, and necessary appurtenances. The Bureau of Water Works shall obtain permits from the City Engineer for use of the street area in accordance with the schedule of fees set forth in Section 17.24.020.
H. The City Engineer may issue permits to the Bureau of Water Works for street openings to facilitate connections to the public water system and to install, repair, and replace water mains, laterals, and necessary appurtenances. The Bureau of Water Works shall obtain permits from the City Engineer for use of the street area in accordance with the schedule of fees set forth in Section 17.24.020.
17.24.020 Fees for Street Use Permits
17.24.025 Fees for Public Improvement Permits
17.24.026 Fees for Review of Land Use Applications
17.24.030 Application for Permit
17.24.035 Deposit Required
17.24.040 Refusal of Permit
17.24.050 Contents of Permit
[No change.]
Commentary
17.24.055 Assurance of Performance
A reference to the Time and Manner Ordinance is changed to the LID Formation Ordinance.
17.24.055 Assurance of Performance
A. [No change.]
B. Assurance of performance for public improvements may be in one of the following forms as approved by the City Attorney:
1. Surety bond executed by a company authorized to transact business in the State of Oregon.
2. Irrevocable letter of credit.
3. Set-aside account
4. Cash deposit.
5. City Council passage of a Time and Manner ordinance LID Formation Ordinance for a local improvement district.
6. Other forms as approved by the City Attorney.
C. [No change.]
17.24.060 Permit Conditions
[This and all remaining sections of Chapter 17.24 remain unchanged.]
Commentary
17.30.010 Definitions
17.30.030 Authority
17.30.050 Qualifications for Street Improvements
17.30.070 Approval of Frontage Owners
17.30.080 Storm Drainage Facility Construction in Advance of Street Construction
17.30.090 Allocation of Costs
17.30.110 Notice of Approval to Proceed
17.30.115 Billing for Charges
17.30.116 Consent to Assessment
17.30.120 Report of Past Due Offers – Assessment
17.30.130 Payment of Cost of Street Improvement - Low Income Elderly Persons.
17.30.140 Payment of Cost of Street Improvement - Low Income Persons in Designated Community Development Areas.
17.30.150 Roadway Reconstruction Improvement without Assessment.
This section of City Code was written to explain how the City administers projects funded by the Bureau of Housing & Community Development (BHCD). The intent is to avoid having two sets of LID procedures. LIDs whose funding augments BHCD funding can be handled administratively and operationally within remaining sections of Title 17.
REPEAL CHAPTER 17.30, STREET IMPROVEMENTS
17.30.010 Definitions
17.30.030 Authority
17.30.050 Qualifications for Street Improvements
17.30.070 Approval of Frontage Owners
17.30.080 Storm Drainage Facility Construction in Advance of Street Construction
17.30.090 Allocation of Costs
17.30.110 Notice of Approval to Proceed
17.30.115 Billing for Charges
17.30.116 Consent to Assessment
17.30.121 Report of Past Due Offers – Assessment
17.30.130 Payment of Cost of Street Improvement - Low Income Elderly Persons.
17.30.140 Payment of Cost of Street Improvement - Low Income Persons in Designated Community Development Areas.
17.30.150 Roadway Reconstruction Improvement without Assessment.
[Chapter 17.30 is repealed in its entirety.]
Commentary
17.42.010 Policy
The requirement to obtain a permit to maintain unimproved streets has been repealed, within certain limitations as set forth in Section 17.42.025.
17.42.020 Maintenance and Construction Responsibility
The duty of property owners to maintain and construct streets has been repealed; instead a new Section 17.42.025 has been added to clarify what maintenance and construction activities cannot occur.
AMEND CHAPTER 17.42, PROPERTY OWNER RESPONSIBILITY FOR STREETS
17.42.010 Policy
A. It has been and remains the policy of the City of Portland that streets are constructed at the expense of abutting property owners and are maintained by abutting property owners until street improvements are constructed to the standards of, and accepted for maintenance by, the City. Until a street improvement has been constructed to City standards and the City has expressly assumed responsibility for street maintenance, it is the exclusive duty of the abutting property owners to construct, reconstruct, repair and maintain the unimproved street in a condition reasonably safe for the uses that are made of the street and adjoining properties. Streets that have not been improved to City standards are not and will not be maintained or improved at City expense, except at the discretion of the City and as provided in this City Code and the City Charter. Maintenance of streets shall not be undertaken by abutting property owners until a permit has been obtained from the City as provided in Chapter 17.24 of this Code.
B. Disputes regarding the condition of the unimproved street are private actions among affected property owners.
17.42.020 Maintenance and Construction Responsibility
The City assumes no responsibility for maintenance, construction or reconstruction of any street until and unless:
A. The street has been constructed to City standards and specifications; and
B. The City has expressly accepted mMaintenance responsibility for the street has been expressly accepted by the City.
Until a street improvement has been constructed and the City has expressly assumed responsibility for the street maintenance, it is the exclusive duty of the owner(s) of land abutting any street in the City to construct, reconstruct, repair and maintain the street, in a condition reasonably safe for the uses that are made of the street and adjoining properties.
Commentary
17.42.025 Maintenance Restrictions
Contains City Code language currently in 17.24.010, with additional new language. See previous commentary on page 50.
17.42.030 Liability
No change.
17.42.040 Definition
No change.
17.42.025 Maintenance Restrictions
A. Notwithstanding anything to the contrary in this Title 17, residents and property owners are not required to obtain a permit to maintain public streets abutting their properties if those streets have not been accepted for maintenance by the City or any other jurisdiction, provided the following conditions are met:
1. The travel lane width of the unimproved portion of the street remains the same;
2. There is no resulting change in existing drainage patterns outside the public right-of-way;
3. Drainageways located within public rights-of-way are not filled in or otherwise altered in any manner that could impact the flow of water;
4. The materials used for maintaining the street are equivalent to the existing street materials, except that gravel may be used to resurface a dirt road;
5. Asphalt, concrete or other man-made materials may not be applied to existing dirt or gravel surfaces, nor may existing dirt or gravel surfaces be converted to a paved surface;
6. The maintenance activities and resulting condition of the street do not adversely affect surrounding properties; and
7. Trees in the public right-of-way are not removed except as provided in Section 20.40.090.
B. The City Engineer retains final authority to regulate all maintenance and construction activities in the public right-of-way, regardless of whether a permit is required or obtained.
17.42.030 Liability
[No change.]
17.42.040 Definition
[No change.]