Chapter 5.01

DELEGATION OF AUTHORITY TO

OBLIGATE THE CITY

(Added by Ordinance No. 137483;

effective Dec. 21, 1973.)

Sections:

5.01.010  Delegation of Authority to Purchasing Agent to Obligate the City.

5.01.030  Delegation of Authority for Purchases under $5000 - Approval by Appropriation Unit.

5.01.040  Contractor’s Compliance for Workers’ Compensation.

5.01.010  Delegation of Authority to Purchasing Agent to Obligate the City.

(Amended by Ordinance Nos. 137429, 146994, 150708, 155018 and 169321; effective Sept. 20, 1995.)

A.  Under authority of Section 8-104 of the City Charter, the Purchasing Agent, subject to the approval of the Commissioner In Charge of purchasing, is hereby authorized to obligate the City of Portland for not exceeding $20,000, such amount to be adjusted annually based on the average inflation rate for the Portland Metropolitan Area, as determined from the U.S. Department of Labor Statistics as certified by the City Auditor, on a single obligation for the purchase of supplies, materials, equipment, labor, contractual services including revenue producing services or other personal services not covered by Chapter 5.68 of this Code, and construction, without a contract in writing authorized by specific ordinance, provided that the purchases are made in accordance with provisions of this Code and with other procedures for guiding and controlling purchasing. In purchasing contractual services including revenue producing services or other personal services not covered by Chapter 5.68 of this Code, the Purchasing Agent shall follow competitive bidding procedures. The Purchasing Agent shall have no authority to bind the City for professional, technical or expert services without specific authorization from a Commissioner or the Auditor or their designated Bureau Managers, in accordance with Section 5.01.020 of this Chapter.

B.  If the Purchasing Agent considers that a specific written contract to be executed by both parties for other than professional, technical or expert services would benefit the City, is necessary to complete the transaction, or is otherwise required by law, he is hereby authorized to execute such a contract for the City not exceeding $20,000, such amount to be adjusted annually based on the average inflation rate for the Portland Metropolitan Area as determined from the U.S. Department of Labor statistics as certified by the City Auditor provided that an original, executed copy approved as to form by the City Attorney is thereafter filed with the City Auditor.

5.01.020  Delegation of Authority to Commissioners and the Auditor to Obligate the City.

 (Deleted by Ordinance No. 174347, effective April 12, 2000.)

5.01.030  Delegation of Authority for Purchases under $5000 - Approval by Appropriation Unit.

(Added by Ord. No. 141162, amended by 149261, 162259; and 166638, effective July 1, 1993.)

A.  The Purchasing Agent hereby is authorized to issue limited purchase orders to appropriation unit managers for use by the manager in obligating the City for purchase of materials or services not to exceed $5000 subject to the approval of the Commissioner In Charge.

B.  The Finance Officer is directed to establish a procedure having appropriate financial control to implement the authorization contained in Subsection (a) hereof.

5.01.040  Contractor’s Compliance for Workers’ Compensation.

(Added by Ord. No. 150713; passed and effected Nov. 6, 1980.)

A.  Except for the purchase of supplies, materials, goods and equipment, which does not involve the performance of any services, prior to any authorized performance under any contract, the contractor must have on file with the Purchasing Agent or the Auditor certificates establishing the contractor has qualified;

1.  As a direct responsibility employer as provided pursuant to ORS 656.407; or

2.  As a contributing employer as provided by ORS 656.411.

B.  If the person to whom the contract is let is to perform the work without the assistance of others, a joint declaration between such person and the City, in form approved by the City Attorney, will be required prior to any performance under the contract. The Purchasing Agent or the Auditor is hereby authorized to sign such declaration on behalf of the City.

Chapter 5.04

FUNDS

Sections:

5.04.010  Provisions Made For.

5.04.020  Sundry Trusts Fund.

5.04.030  Trustees’ Fund.

5.04.040  Parking Meter Fund.

5.04.050  Golf Fund.

5.04.070  Bonded Debt Interest and Sinking Fund.

5.04.140  Parking Facilities Fund.

5.04.150  Parking Facilities Bond Redemption Fund.

5.04.170  Revenue Sharing Fund.

5.04.175  State Revenue Sharing Fund.

5.04.180  Fleet Services Operating Fund.

5.04.190  Communications Service Operating Fund.

5.04.200  Printing and Distribution Services Operating Fund.

5.04.210  Improvement Warrant Sinking Fund.

5.04.220  Economic Development Trust Fund.

5.04.230  Insurance and Claims Operating Fund.

5.04.240  Worker’s Compensation Self Insurance Operating Fund.

5.04.250  System Development Charge Sinking Fund.

5.04.270  Washington County Water Supply Construction Fund.

5.04.280  Washington County Water Supply Bonded Debt Service Sinking Fund.

5.04.290  Water Growth Impact Charge Trust Fund.

5.04.300  Bull Run Fund.

5.04.310  St. Johns Landfill End Use Plan Fund.

5.04.320  Sewer Revolving Loan Fund.

5.04.400  Sewer System Operating Fund.

5.04.410  Sewer System Construction Fund.

5.04.420  Sewer System Debt Redemption Fund.

5.04.430  Sewer System Debt Proceeds Fund.

5.04.440  Sewer System Rate Stabilization Fund.

5.04.450  Sewer System Safety Net Fund.

5.04.460  Use of Sewage Disposal Fund.

5.04.470  Portland Police Fitness Room Trust Fund.

5.04.480  Property Management License Fund.

5.04.490  Graffiti Nuisance Abatement Trust Fund.

5.04.010  Provisions Made For.

In addition to funds created in accordance with the provisions of the Charter, there shall be the funds set forth in this Chapter and such other funds as from time to time may be provided for by ordinance.

5.04.020  Sundry Trusts Fund.

(Amended by Ordinance No. 173369, effective May 12, 1999.) The Sundry Trusts Fund, created by Ord. No. 118746, passed by the Council July 1, 1964, shall contain accounts for trust monies which neither belong in the Trustees’ Fund nor require an individual trust fund. The following accounts are authorized for the Sundry Trusts Fund:

A.  Animals for zoo account. (Repealed by Ord. No. 150375; passed and effective Sept. 11, 1980.)

B.  Civic Emergency Account. This account shall receive the City’s share of the annual allocation from the Civic Emergency Fund under ORS 463.170. Expenditures shall be limited to athletic, recreational, educational, or charitable purposes. The Mayor and the Auditor are authorized to draw on this account when requisitions are presented approved by the Mayor, and one other Commissioner;

C.  Elephant Purchase Account. (Repealed by Ord. No. 150375; passed and effective Sept. 11, 1980.)

D.  Health Protection Account. (Repealed by Ord. No. 150375; passed and effective Sept. 11, 1980.)

E.  Recreation Account. (Repealed by Ord. No. 150375; passed and effective Sept. 11, 1980.)

F.  Rose Test Garden Account. This account shall be administered in accordance with Ordinance No. 110776; passed by the Council September 23, 1959. The Mayor and the Auditor are authorized to draw checks on this account when requisitions are presented approved by the Commissioner In Charge of the Bureau of Parks;

G.  Oaks Pioneer Park Museum Account. This account shall be administered in accordance as hereinafter provided:

All monies received from charges arising out of the operation of Oaks Pioneer Park Museum, under contract or otherwise, shall be deposited with the Treasurer of the City. The Treasurer shall hold all such funds so received in the Oaks Pioneer Park Museum Account. Disbursements shall be made in accordance with budgetary procedures upon requisition approved by the Commissioner In Charge of the Bureau of Parks and shall be limited to maintenance, operational costs, and improvement of the Oaks Pioneer Park Museum. The Mayor and Auditor are authorized to draw warrants on this account when requisitions are presented and approved by the Commissioner In Charge of the Bureau of Parks.

H.  Drake Property Account. Until such time as the Council may determine, this account shall receive all rentals and related revenues derived from the property on the east side of the Willamette River and north of the Sellwood Bridge known as the Drake Property which was purchased by the City under Ordinance No. 128587, passed February 20, 1969, for the Willamette Parkway System. Expenditures from this account other than those required in connection with rentals derived from the property, shall be limited to the improvement and expansion of the property. This account shall be administered by the Commissioner In Charge of the Bureau of Parks.

I.  Portland Shipbuilding Property Account. Until such time as the Council may determine, this account shall receive all rentals and related revenues derived from the property on the west side of the Willamette River at the foot of S.W. Nebraska Street known as the Portland Shipbuilding Property, which was purchased by the City under Ordinance No. 128623; passed February 26, 1969. Expenditures from this account other than those required in connection with rentals derived from the property, shall be limited to the improvement and expansion of the property. This account shall be administered by the Commissioner In Charge of the Bureau of Parks.

J.  Officer Friendly Account. (Repealed by Ord. No. 135666; passed and effective December 6, 1972.)

K.  Willamette Oaks Park Account. Until such time as the Council may determine, this account shall receive all rentals and related revenues derived from the property in Willamette Oaks Park purchased by the City from Leonard and Ruth Steele under authority of Ordinance NO. 130097; passed November 19, 1969, for the Willamette Parkway System (Lots 1,2 and 42 Willamette Oaks Park Addition). Expenditures from this account other than those required in connection with rentals derived from the property, shall be limited to the improvement and expansion of the property. This account shall be administered by the Commissioner In Charge of the Bureau of Parks.

L.  Portland Zoo Hospitalization and Research Account. (Repealed by Ord. No. 150375; passed and effective Sept. 11, 1980.)

5.04.030  Trustees’ Fund.

There is hereby created a Trustees’ Fund which shall be credited with all cash and securities deposited with the City Treasurer to protect the City against loss on account of certain obligations, and with all money and/or securities deposited with the City Treasurer pending information or accrual of time for its application. The City Treasurer shall receive into such fund installment payments on municipal assessments against real property, including payments which are too small to be entered on the Lien Docket as a credit, it being provided that a payment shall be too small for such entry when it is less than one-third of the total amount to be paid as shown on the open lien docket. When such deposits in the Trustees’ Fund make an amount sufficient for entry the Treasurer shall make application thereof as a payment on such assessment, make a proper entry thereof in his books, and the Auditor shall make a proper entry thereof in his books. The amounts deposited in the Trustees’ Fund shall be applied as provided in the receipt showing the terms of deposit. The City Treasurer shall upon receiving a deposit under the provisions of this Section issue a receipt therefor, a copy of which shall be filed with the City Auditor and be credited to the Trustees’ Fund. No cash or collateral securities shall be returned by the City Treasurer without written approval of the City Auditor. The City Treasurer upon returning cash or collateral securities shall take a receipt from the depositor in duplicate, the original of which shall be filed with the City Auditor, who is hereby authorized to credit the City Treasurer with the amount of the receipt. In cases where deposits are made by persons interested in local improvements no refund shall be made unless the contemplated improvement is not made or the owner of the property for account of which the deposit was made promptly pays or bonds the assessment. If the improvement is made and the owner fails to pay and/or bond the assessment within twenty (20) days after its entry in the open lien docket the deposit shall be applied to a payment pro tanto of the assessment and the Treasurer and Auditor shall make proper book entries thereof.

5.04.040  Parking Meter Fund.

The Parking Meter Fund is hereby created and the Treasurer of the City is hereby directed to deposit to the credit of the fund all fees or money received on account of collections from present or future installations of parking meters. All disbursements from such fund shall be in conformance to regular budget procedure.

Whenever the City Treasurer shall deem it advisable to dispose of slugs and tokens received in collections from the City’s parking meters and which are not lawful monies of the United States, he shall sell, cash, redeem or destroy the slugs and tokens and shall deposit all sums so realized to the credit of the Parking Meter Fund.

5.04.050  Golf Fund.

A fund to be known and designated as the Golf Fund is hereby created. All revenues derived from the operation of the municipal golf links shall be credited to the Golf Fund, and all disbursements from the fund shall be in conformance with regular budget procedure.

5.04.070  Bonded Debt Interest and Sinking Fund.

The Bonded Debt Interest and Sinking Fund is hereby created to which shall be credited the proceeds from the tax levy of the City for interest on bonded indebtedness of the City and the tax levy to provide for the purchase of securities as an investment and/or payment of redemptions of the bonded indebtedness of the City together with such other receipts as may be realized in connection with the administration of the bonded debt of the City but not limited to interest on investments. Expenditures from the fund shall be for the payment of the principal and interest on bonded debt of the City to be paid from ad valorem taxes and for any other expenditures authorized to be paid from tax levies for general obligation bonds of the City.

5.04.140  Parking Facilities Fund.

 The Parking Facilities Fund is hereby created into which shall be deposited all fees, rentals and charges received by the City from the operation of the off-street parking facility at S.W. 2nd Avenue and Jefferson Street and from which expenses of operation and maintenance of the facility shall be paid all in accordance with Ordinance No. 128235, passed December 18, 1968.

5.04.150  Parking Facilities Bond Redemption Fund.

The Parking Facilities Bond Redemption Fund is hereby created into which shall be paid the accrued interest from the sale of the bonds, plus an amount capitalized from bond principal which will in the aggregate together with interest to be received from investments provide for the interest payments on the revenue bonds due August 1, 1969, February and August 1, 1970, and February 1, 1971, the net revenues of the Parking Facilities Fund and amounts from net parking meter revenues required for the reserve amount, if any; and from which shall be paid the principal of and the interest on the outstanding revenue bonds, and the principle, interest and premium, if any, on any revenue bonds issued on a parity therewith, all in accordance with Ordinance No. 128235, passed December 18, 1968.

5.04.160  Sewage Disposal Fund.

(Repealed by Ord. No. 160515 effective Mar. 28, 1988.) See Sections 5.04.400 - 460.

5.04.165  Countercyclical Fund.

(Repealed by Ord. No. 150375; passed and effective Sept. 11, 1980.)

5.04.170  Revenue Sharing Fund.

(Added by Ord. No. 135516; passed and effective Nov. 2, 1972.) The Revenue Sharing Fund is hereby created for the receipt and expenditure of monies received from the federal government under the State and Local Fiscal Assistance Act of 1972. Into this Fund shall be deposited all payments received from the federal government under the Act, interest earned thereon while in this Fund and any other monies which are appropriate revenues of this Fund. The monies shall be expended only for purposes authorized under the Act.

5.04.175  State Revenue Sharing Fund.

(Added by Ord. No. 145065; passed and effective Jan. 19, 1978.) The State Revenue Sharing Fund is hereby created for the receipt and expenditure of monies received from the State of Oregon under Senate Bill 11 (Engrossed) effective July 27, 1977. All payments received from the State of Oregon under this Act, interest earned thereon while in this Fund and any other monies which are appropriate revenues of this Fund shall be deposited to this Fund. The monies shall be expended only for purposes authorized under this Act.

5.04.180  Fleet Services Operating Fund.

 (Added by Ord. No. 161018, amended by 163837, Feb. 6, 1991.) The Fleet Services Operating Fund is hereby created as a working capital fund within the Bureau of General Services, described in Chapter 3.40. The major operating funds for this Fund shall be generated by Interagency Agreements with the City bureaus and others using the services of the Bureau of General Services. Other receipts of the Fund shall include service charges to users, interest earned by the Fund and any other monies which are appropriate revenues. Expenditures from the Fund shall be in accordance with appropriations made by the Council.

Short-term loans from the General Fund to the Fleet Services Operating Fund, which are to be repaid in the same fiscal year in which the loan is made, are hereby authorized without interest to provide temporary working capital, as needed, provided that each loan is first approved in writing by the Commissioner of Finance and Administration.

5.04.185  Facilities Services Operating Fund.

(Added by Ord. No. 163837, Feb. 6, 1991.) The Facilities Services Operating Fund is hereby created (by Ordinance 163156, June 27, 1990) as a working capital fund within the Bureau of General Services, described in Chapter 3.40. The major operating funds for this Fund shall be generated by Interagency Agreements with the City bureaus and others using the services of the Bureau of General Services. Receipts of the Fund shall include proceeds of these Interagency Agreements, service charges to users, interest earned by the Fund, and any other monies which are appropriate revenues. Fees shall be collected and deposited into this Fund for all property management related services provided involving leases, and for the purchase and sale of City owned real property. Expenditures from the Fund shall be in accordance with appropriations made by the Council.

The costs of repair, maintenance, taxes or any other expense incurred by the Bureau of General Services in providing any property management services, shall be the responsibility of the bureau of agency using or responsible for the property. All net revenues (defined as revenue, less all appropriate expenses) from rents, leases or sales shall accrue to the bureau or agency using or responsible for the property.

Any property that is not specifically used or the responsibility of any bureau or agency is defined as “unassigned property,” and shall be the responsibility of the General Services Bureau, Administrative Services Division (General Fund). Net revenue for these properties shall be considered total revenue from the rent and sale of all these properties, less total expenses for all these properties. Should there be any net revenue from these properties, it will be transferred to the General Fund at the end of each fiscal year.

Any property acquired by the City from any source must be inventoried with the Bureau of General Services.

Short-term loans from the General Fund to the Facilities Services Operating Fund, which are to be repaid in the same fiscal year in which the loan is made, are hereby authorized to provide temporary working capital, as needed, provided that each loan is first approved in writing by the Commissioner of Finance and Administration.

5.04.190  Communications Service Operating Fund.

(Added by Ord. No. 161018, amended by 163837, Feb. 6, 1991.) The Communications Service Operating Fund is hereby created as a working capital fund within the Bureau of General Services, described in Chapter 3.40. The major operating funds for this Fund shall be generated by Interagency Agreements with the City bureaus, and others, using the services of the Bureau of General Services. Other receipts of the Fund shall include service charges to users, interest earned by the Fund and any other monies which are appropriate revenues. Expenditures from the Fund shall be in accordance with appropriations made by the Council.

Short-term loans from the General Fund to the Communications Services Operating Fund, which are to be repaid in the same fiscal year in which the loan is made, are hereby authorized to provide temporary working capital, as needed, provided that each loan is first approved in writing by the Commissioner of Finance and Administration.

5.04.200  Printing and Distribution Services Operating Fund.

(Added by Ord. No. 161018, amended by 163837, Feb. 6, 1991.) The Printing and Distribution Services Operating Fund is hereby created as a working capital fund within the Bureau of General Services, described in Chapter 3.40. The major operating funds for this Fund shall be generated by Interagency Agreements with the City bureaus, and others, using the services of the Bureau of General Services. Other receipts of the Fund shall include service charges to users, interest earned by the Fund and any other monies which are appropriate revenues. Expenditures from the Fund shall be made in accordance with appropriations made by the Council. Short-term loans from the General Fund to the Printing and Distribution Services Operating Fund, which are to be repaid in the same fiscal year in which the loan is made, are hereby authorized to provide temporary working capital, as needed, provided that each loan is first approved in writing by the Commissioner of Finance and Administration.

5.04.210  Improvement Warrant Sinking Fund.

(Added by Ord. No. 139574; passed and effective March 13, 1975.) The Improvement Warrant Sinking Fund is hereby created. Funds obtained from the issuance of general obligation improvement warrants issued pursuant to statute and authorized by the Council shall be placed in this Fund and expended only for payments duly authorized for the construction of public improvements. All proceeds from the collection of unbonded assessments, the sale of improvement bonds, and the foreclosure of improvement liens for unbonded assessments, realized from the improvement with respect to which such general obligation improvement warrants are issued, shall be placed in the fund to be applied to the call and payment of such warrants as rapidly as funds are available as provided by statute.

5.04.220  Economic Development Trust Fund.

(Added by Ord. No. 140900; passed and effective Nov. 20, 1975.) The Economic Development Trust Fund is hereby established for receipt and accountability for the assets of the Trust for economic development in the model cities neighborhood established by the agreement between the City and MEDIA authorized by Ordinance No. 132652, passed May 6, 1971. The City succeeded the Metropolitan Economic Development Industrial Alliance as trustee, and this Fund shall be administered by the City in accordance with the terms of the trust, set forth in the agreement and by Resolution No. 31575, adopted May 28, 1975.

This Fund shall receive the assets turned over to the City by MEDIA and shall also receive principal and interest on loans receivable, interest on invested capital, proceeds from sale of investments and any other income of the Trust. Expenditures shall be in accordance with appropriations made by the Council for purposes of the Trust.

5.04.230  Insurance and Claims Operating Fund.

(Added by Ord. No. 142290; amended by 150375; passed and effective Sept. 11, 1980.) The Insurance and Claims Operating Fund is hereby created as a working capital fund under the Bureau of Risk Management, described in Section 3.90.090 of this Code. The initial contributed equipment for the operation of this Fund shall be by transfer from the general fixed asset group of accounts of those assets now in use by the insurance and claims Section of the Bureau of Financial Affairs. Receipts of the Fund shall include service charges to user funds for administrative and legal expenses, insurance premiums and loss reserves, interest earned by the Fund and any other monies which are appropriate revenues. Expenditures from the Fund shall be in accordance with the appropriations made by the Council.

Expenditures and encumbrances shall be limited to the balance in the Fund at the time and to purposes for which there is an appropriation or other source of reimbursement authorized at the time.

5.04.240  Workers’ Compensation Self Insurance Operating Fund.

(Added by Ord. No. 144762; amended by 150375; passed and effective Sept. 11, 1980.) The Workers’ Compensation Self Insurance Operating Fund is hereby created as a working capital fund under the Bureau of Risk Management, described in Section 3.90.090 of this Code. Receipts of the Fund shall include service charges to user funds for administrative and legal expenses, insurance premiums, expected and unanticipated loss reserves, interest earned by the fund and any other monies which are appropriate

revenues. Expenditures from the fund shall be made in accordance with appropriations made by the Council. Expenditures and encumbrances shall be limited to the balance in the fund at the time and to purposes for which there is an appropriation or other source of reimbursement authorized at the time.

5.04.250  System Development Charge Sinking Fund.

(Added by Ord. No. 147298; passed and effective Feb. 28, 1979.) The System Development Charge Sinking Fund is hereby created. Funds obtained from the issuance of General Obligation Bancroft Bonds issued pursuant to statute and authorized by the City Council for this purpose shall be placed in this Fund and expended only for payments duly authorized for construction or expansion of systems development. All proceeds from the collection of Bonded Assessments, realized from System Development Charge Assessments with respect to such General Obligation Bancroft Bonds are issued, shall be placed in the fund to be applied to the call and payment of General Obligation Bancroft Bonds pursuant to the call schedule set forth in the offer and as provided by statute.

5.04.270  Washington County Water Supply Construction Fund.

(Added by Ord. No. 148968; passed Dec. 26, 1979, effective Jan. 26, 1980.) The Washington County Water Supply Construction Fund is hereby created. Contributions from other water purveyors and the City of Portland and receipts obtained from the issuance of general obligation bonds, payable from water revenues, issued for the purpose of constructing a water supply line to Washington County shall be placed in this fund and expended only for duly authorized payments for the oversizing of the southeast Water Supply Line and the Washington County Water Supply Line. Upon completion of the supply line to Washington County and after all liabilities for the construction thereof have been satisfied, any balance remaining in this Fund shall be transferred to the Washington County Water Supply Bonded Debt Service Sinking Fund and this Fund shall be discontinued.

5.04.280  Washington County Water Supply Bonded Debt Service Sinking Fund.

(Added by Ord. No. 148986; passed Dec. 26, 1979, effective Jan. 26, 1980.) The Washington County Water Supply Bonded Debt Service Sinking Fund is hereby created. Water revenues in the form of contributions from other water purveyors and the City of Portland shall be placed in this Fund and expended only for duly authorized payments of principal and interest for bonds issued for the purpose of constructing a water supply line to Washington County. Upon payment of all principal and interest of said bond issue, any balance remaining in this Fund shall be returned, on a prorated basis, to the contributors and this Fund shall be discontinued.

5.04.290  Water Growth Impact Charge Trust Fund.

(Added by Ord. No. 153288; May 26, 1982.) The Water Growth Impact Charge Trust Fund is hereby created. Revenues received by the City for growth impact charges from other water purveyors shall be placed in this Fund and expended only for duly authorized payments for expansion of the total water system capacity. Should this Fund become unnecessary, due to changes in the water sales contracts with other water purveyors, any remaining funds at that time shall be paid to the Water Fund.

5.04.300  Bull Run Fund.

(Added by Ord. No. 156178; effective July 21, 1984.) The Bull Run Fund is hereby created. Receipts received by the City resulting from the sale of items promoting the City water system, such as, but not limited to, bottled water, posters and books, shall be placed in this Fund and expended only for duly authorized payments to directly promote or advertise the City water system to attract development within the City. Should this Fund become unnecessary for any reason, any remaining money remaining in this Fund at the time it is discontinued shall be paid to the Water Fund.

5.04.310  St. Johns Landfill End Use Plan Fund.

(Added by Ord. No. 160973 effective July 23, 1988.) The St. Johns Landfill End Use Plan Fund is hereby created. Revenues received by the City from the Metropolitan Service District which are designated for implementation of the St. Johns Landfill End Use Plan per Section 9 of the City-Metro Agreement adopted by Ordinance No. 158522 and other contributions and revenues designated for implementation of the End Use Plan shall be placed in this Fund. Monies from this Fund, including interest earned by the Fund, shall be expended only for duly authorized payments to cover the costs of implementing the St. Johns Landfill End Use Plan. Should this Fund become unnecessary any monies remaining in this Fund shall be paid to the Refuse Disposal Fund.

5.04.320  Sewer Revolving Loan Fund.

(Added by Ord. No. 166407, Apr. 7, 1993.) The Sewer Revolving Loan Fund is hereby made a part of the Code of the City of Portland, Oregon, for the receipt of monies derived from transfers made to the Fund from the Sewer System Operating Fund, and monies derived from the re-payment of loans made to properties participating in the Private Plumbing Revolving Loan Program. Monies from this Fund, including interest earned by the Fund, shall be used for making loans to certain owners of single-family residential property located in the Mid-Multnomah County Sewer System Project, and shall be expended only for duly authorized payments to cover the costs of implementing the Private Plumbing Revolving Loan Program. Money in the Sewer Revolving Loan Fund may be commingled with other City money for investment purposes. Should this Fund become unnecessary any monies remaining in this Fund shall be paid to the Sewer System Construction Fund.

5.04.400  Sewer System Operating Fund.

(Added by Ord. No. 160515 effective Mar. 28, 1988.) The Sewer System Operating Fund is hereby made a part of the Code of the City of Portland, Oregon, for the receipt and expenditure of monies associated with operation and maintenance of the sewer system, including sanitary and drainage services. Monies in the Sewer System Operating Fund may be transferred to the Sewer System Debt Redemption Fund, the Sewer System Construction Fund, or the Sewer System Rate Stabilization Fund. Money in the Sewer System Operating fund may be commingled with other City money for investment purposes.

5.04.410  Sewer System Construction Fund.

(Added by Ord. No. 160515 effective Mar. 28, 1988.) The Sewer System Construction Fund is hereby made a part of the Code of the City of Portland, Oregon, for the receipt and expenditure of monies associated with construction of sewerage facilities, including sanitary and drainage facilities. Money in the Sewer System Construction Fund may be commingled with other City money for investment purposes.

5.04.420  Sewer System Debt Redemption Fund.

(Added by Ord. No. 160515 effective Mar. 28, 1988.) The Sewer System Debt Redemption Fund is hereby made a part of the Code of the City of Portland, Oregon, for the receipt and expenditure of monies associated with the retirement of debt incurred by the sewer system. Money in the Sewer System Debt Redemption Fund may be commingled with other City money for investment purposes.

5.04.430  Sewer System Debt Proceeds Fund.

(Added by Ord. No. 160515 effective Mar. 28, 1988.) The Sewer System Debt Proceeds Fund is hereby made a part of the Code of the City of Portland, Oregon, for the receipt of monies derived from the issuance of Sewer System debt. Monies in the Sewer System Debt Proceeds Fund shall be transferred to the Sewer System Construction Fund for expenditure and to the Sewer System Operating Fund for reimbursement of costs associated with the issuance of debt and to the Sewer System Debt Redemption Fund for the retirement of debt. Money in the Sewer System Debt Proceeds Fund may be commingled with other City money for investment purposes.

5.04.440  Sewer System Rate Stabilization Fund.

(Added by Ord. No. 160515 effective Mar. 28, 1988.) The Sewer System Rate Stabilization Fund is hereby made a part of the Code of the City of Portland, Oregon, for the receipt of monies transferred from the Sewer System Operating Fund. Monies in the Sewer System Rate Stabilization Fund shall be transferred to the Sewer System Operating Fund for expenditure. Money in the Sewer System Rate Stabilization Fund may be commingled with other City money for investment purposes.

5.04.450  Sewer System Safety Net Fund.

(Added by Ord. No. 160515 effective Mar. 28, 1988.) The Sewer System Safety Net Fund is hereby made a part of the Code of the City of Portland, Oregon, for the receipt of monies derived from loans made to the Fund from the State Assessment Deferral Revolving Loan Fund, and monies derived from the payment of deferred assessments by properties participating in the Sewer Safety Net Program. Monies in the Sewer System Safety Net Fund shall be paid to the Local Improvement District Construction Fund for payment of sewer assessments for properties participating in the Sewer Safety Net Program, and shall be used to retire loans received from the State Assessment Deferral Revolving Loan Fund.

5.04.460  Use of Sewage Disposal Fund.

(Added by Ord. No. 160515 effective Mar. 28, 1988.) The funds described in Portland City Code Sections 5.04.400 through 5.04.450 shall in the aggregate constitute the Sewage Disposal Fund, and shall be used for only those Sewage Disposal Fund purposes authorized by the Charter of the City of Portland, Oregon. If any of the funds associated with operation, maintenance, construction or debt management of the Sewer System become unnecessary or for any reason are dissolved and discontinued, then any remaining balances in that fund or funds shall be transferred to the Sewer System Operating Fund. If the Sewer System Operating Fund is dissolved and discontinued, then any remaining balances in that fund shall be transferred to the City’s General Fund. However, in no case shall any funds be transferred to the City’s General Fund until all outstanding debt of the sewer system is repaid according to terms and conditions of related bond and note ordinances.

5.04.470  Portland Police Fitness Room Trustee Account.

(Added by Ordinance No. 168683, Apr. 12, 1995.) The Portland Police Fitness Room Trust Account is hereby created. Into this fund shall be deposited monies received from fitness room membership dues (through payroll deduction), the City of Portland and other contributors. Disbursements shall be made upon a requisition request from a Police Bureau’s Fitness Room Committee with signature approval by either the Chief of Police or an Assistant Chief. Monies from this fund by either the Chief of Police or an Assistant Chief. Monies from this fund shall be used for maintenance and repairs of equipment, equipment replacement, and new fitness room equipment.

5.04.480  Property Management License Fund.

(Added by Ordinance No. 170223, July 1, 1996.) The Property Management License Fund is hereby made a part of the Code of the City of Portland, Oregon, for the receipt of any revenues derived from assessments levied under the former downtown Economic Improvement District created by Ordinance No. 164665, together with all revenues generated by the Downtown Property Management License program (City Code Chapter 6.06.) Monies derived from proceeds of the Downtown Property Management License

program and delinquent Economic Improvement District assessments, as well as from interest earned on that money, shall be spent only for the services described in Section 6.06.010 of the Code of the City of Portland and for any costs of the City’s administration of the Downtown Property Management License program.

5.04.490  Graffiti Nuisance Abatement Trust Fund.

(Added by Ordinance No. 172612, amended by Ordinance No. 172810, effective November 4, 1998.) There is hereby created a City of Portland graffiti nuisance abatement trust fund. Any donations in support of graffiti abatement will be placed into the fund, together with any monies received in connection with voluntary nuisance abatement consent forms. Expenditures from this fund may occur upon the approval of any two of the following: (1) the Mayor; (2) the Commissioner-in-Charge of the Office of Neighborhood Involvement; and (3) the Graffiti Abatement Manager. Such expenditures shall be limited to: the payment of the cost of removal of graffiti; the purchase, acquisition, operation and maintenance of graffiti removal equipment and supplies; the costs of administering the graffiti nuisance abatement ordinance; and such other public purposes as may be approved by the City Council.

Chapter 5.08

PAYMENT OF SALARIES, WAGES

AND EXPENSES

Sections:

5.08.010  Biweekly Pay Period.

5.08.020  Preparation and Certification of Biweekly Time Reports.

5.08.030  Computing Daily and Hourly Rates of Pay.

5.08.040  When Auditor to Draw Checks.

5.08.050  Allowance for Use of Private Vehicles.

5.08.060  Safety Glasses.

5.08.070  Clothing Allowance.

5.08.075  Year Defined.

5.08.090  Travel Expenses.

5.08.095  Miscellaneous Expenses.

5.08.100  Rules for Travel and Miscellaneous Expenses.

5.08.105  Reimbursement to Employees in Educational Programs Authorized by Council.

5.08.110  Bus Fare for Meter Readers.

5.08.120  Payment of Salaries and Wages at Other than Times Specified.

5.08.130  Salaries Chargeable to More than One Fund.

5.08.140  Salary Deductions.

5.08.150  State Tax Street Fund.

5.08.160  Delivery of Checks Payable to Deceased Persons.

5.08.170  Hold Harmless Agreements.

5.08.180  Effect of Death Upon Assignments and Levies.

5.08.010  Biweekly Pay Period.

All officers and employees of the City shall be paid for time earned and allowed under provisions of this Code. Such payments shall be biweekly. A pay period shall hereafter comprise 14 calendar days. Thursday, October 1, 1953, will be the first day and Wednesday, October 14, 1953, will be the last day of the first pay period; thereafter, each pay period will commence on Thursday and extend through the Wednesday of the second week.

5.08.020  Preparation and Certification of Biweekly Time Reports.

(Amended by Ord. No. 136888, and 147197; passed Feb. 7, effective March 10, 1979.)

A.  It shall be the duty of the head of each appropriation unit to cause to be prepared, to approve, and to certify biweekly time reports for employees whose time deviates from standard biweekly hours and standard cost centers or when an employee is not to be paid, and cause the same to be transmitted to Central Payroll.

Biweekly time reports are not necessary for employees who worked their standard hours and whose time gets charged to the standard cost center. A payroll warrant will be automatically written for active employees whose standard time gets charged to their standard cost centers. However, each bureau manager shall submit a certification to the Accounting Division to the effect that all employees who will be paid and for whom no time report is submitted, did in fact, render the services to be paid.

B.  Such biweekly time reports shall contain a statement of each applicable employee of the hours on duty, including overtime which has been approved by the Commissioner In Charge, or the Auditor as to his department; and the hours of duty, including vacation, holidays, sick leave, compensatory time off; and other leaves of absence with pay. A notation shall also be made of the number of days absent because of injury in the line of duty. A notation shall also be made of sick leave used or disability or pension benefits paid as a result of an injury by a third party.

C.  In addition to the above, the biweekly time reports covering a member of the Bureau of Fire assigned to a 56-hour week shall carry a notation as to the number of regular duty hours worked in excess of the average of 112 hours biweekly. Such excess hours shall be accumulated and credited to those normal work periods that do not provide for an average biweekly accumulation of 112 hours.

D.  The biweekly time reports shall be transmitted to the Auditor not later than the Friday following each pay period; provided, if the Thursday or Friday is a holiday, an additional day shall be allowed.

E.  (Added by Ord. No. 132896; passed June 24, effective July 26, 1971.) In the event of error or omission requiring payroll adjustment as a result of any provision of a labor agreement such as failure to notify an employee of a change of shift schedule, assignment to duty of an employee not entitled to such assignment under contractual requirements, or other error or omission which can appropriately be adjusted by an adjustment on the biweekly time report, the biweekly time report shall carry a notation concerning the error or omission which is the basis of such adjustment.

5.08.030  Computing Daily and Hourly Rates of Pay.

The daily rate for all employees except those of the Bureau of Fire assigned to a 56-hour week shall be determined by dividing the biweekly rate by the number 10 and the hourly rate by dividing such daily rate by 8. The daily rate for the employees of the Bureau of Fire assigned to a 56-hour week shall be determined by dividing the biweekly rate by the number 14 and the hourly rate shall be determined by dividing such daily rate by 8.

5.08.040  When Auditor to Draw Checks.

(Amended by Ordinance Nos. 136887, 160146 and 173369 effective May 12, 1999.) When the biweekly time report shall have been approved by the head of the appropriation unit as being correct and by the Personnel Director that the employees were employed according to law, then the Auditor shall prepare the payroll records and draw and deliver checks not later than the second Friday following the end of each pay period or at such time as required by applicable federal or state law in accordance with Chapter 5.08.120 of the City Code in payment of salaries of officers and employees for payroll so certified; provided, that where such Friday is a holiday, checks shall be delivered the day previous.

5.08.050  Allowance for Use of Private Automobile.

(Amended by Ordinance Nos. 133159, 137586, 142117, 142219, 142281, 142450, 144605, 159438, 164221, 168313, 169321 and 173369, effective May 12, 1999.)

A.  City officers and employees using privately owned vehicles on City business, when authorized by the Appropriation Unit Manager, shall be reimbursed for use of such vehicles at a rate fixed by Council. Non-represented employees may be paid a flat rate, to be based on Internal Revenue Service guidelines, when authorized by the Commissioner-In-Charge or the City Auditor or their designated Bureau Managers. In no event shall the flat rate exceed Internal Revenue Service guidelines. Mileage claims reimbursements shall be filed with the Accounts Payable section of the Accounting Division by the 5th day following the end of an accounting period and shall be paid by the 10th day following the end of the accounting period.

Payment of daily rate claims or allowance for City non-represented employees shall be included in the employee’s last payroll check of each month. Reimbursement requests must be filed with the Central Payroll section of the Accounting Division not later than the Friday of the last payroll submission week of the month in order to be included in the employee’s payroll check. All claims shall be on forms provided by the Accounting Division and shall show the days and, when applicable, the odometer readings and mileage of the vehicle used on City business.

B.  The Risk Management Division shall obtain a public liability insurance policy or provide the necessary funding through a self-insurance program protecting the City, its officers, agents and employees with limits of not less than the maximum statutory limits of liability imposed on municipalities of the State of Oregon.

C.  Employees authorized to operate private vehicles on City business are responsible for carrying liability insurance. The City’s vehicle liability program provides coverage to employees to supplement their personal insurance while using privately-owned vehicles on authorized, official business. The City’s coverage provides indemnification for the employee’s liability in conjunction with the employee’s personal policy limits. No collision, personal injury protection, uninsured motorist, or comprehensive coverage is provided by the City for private vehicles. Medical coverage for the employee is limited to that which is provided by the employee’s health insurance coverage or worker’s compensation.

5.08.060  Safety Glasses.

Safety glasses shall be worn by employees working in an area where a continuous eye hazard exists, subject to the conditions set forth in this Section.

A.  The Employee Relations Office shall investigate units in which there may be continuous eye hazards and shall report the findings, and make recommendations to the Commissioner of Finance. The Commissioner of Finance, subject to the approval of the Commissioner In Charge of the unit concerned shall authorize a safety glasses program for a unit or for employees within a unit who may perform duty which is a continuous hazard to the eyes;

B.  Safety glasses with safety frames and uncorrected lenses (planos) will be supplied by the City without cost to the employee. Employees who need corrective lenses will obtain the prescription for their lenses at their own expense from a doctor of their own choosing. In addition, such employees will also bear the cost of the ground lenses and frames. However, if corrective lenses and frames are obtained through the City, the City will allow as a credit the amount which the City pays for planos with standard safety frames;

C.  Payment for corrective lenses and frames will be made to the supplier by the City, which in turn will collect such cost from the employee, less the allowance for planos with standard frames. Such collections shall be turned over to the City Treasurer to be credited to the appropriate revenue account;

D.  The expenditure of City funds for safety glasses shall be limited to those units where a continuous eye hazard exists;

E.  Corrective glasses will be property of the employee. Planos will be the property of the City. Replacement of broken glasses will be made on the same basis as the originals were obtained;

F.  Once issued, safety glasses are to be worn at all times while in the hazardous work area as a condition of employment.

5.08.070  Clothing Allowance.

(Amended by Ord. No. 131329, and 141241; passed and effective Jan. 29, 1976.) Each employee of the Bureau of Police or the Bureau of Fire who is to receive an annual clothing allowance as provided in Section 3.20.170 or Section 3.22.100 shall be paid such clothing allowance as follows:

A.  The clothing allowance shall be at the rates specified in the current contracts with the Portland Fire Fighters Association Local 43 IAFF and the Portland Police Association.

B.  The clothing allowance shall be payable on or after July 1 of each year from funds budgeted for this purpose. Eligibility for such payment and the amount of the payment for each eligible employee shall be dependent on the assignment of the employee and the duration of such assignment during the previous fiscal year.

C.  An employee who has served for less than a full year in a position for which a clothing allowance is authorized shall receive an allowance prorated for the number of full calendar months served. For the purpose of this Section, time served shall not include leave without pay, nor time on sick leave and/or disability benefits in excess of a total of 30 days during the fiscal year.

D.  An eligible employee who separates from the City service shall receive a prorated allowance at the time of separation. The rate of such payment shall be the same as that paid during the fiscal year of separation.

5.08.075  Year Defined.

“Year” means the fiscal year, from July 1 to June 30 inclusive, as established by ORS 294.095 and 293.605, unless otherwise expressly indicated in this Code.

5.08.090  Travel Expenses.

(Amended by Ord. No. 136907, 164221; and 169321, Sept. 20, 1995.) The following policies are established to govern the eligibility for, and payment of, expenses incurred by City Officers, employees, members of boards and commissions, and others during authorized travel directly related to City business. Expenses are to be part of each bureau’s annual budget, weighed against other possible use of the same resources. All travel must be authorized by the Commissioner-In-Charge, who may delegate such approval authority to his/her office staff or their designated Bureau Managers.

A.  Authorized Travel - Generally, travel for City business may include conventions, conferences, meetings of professional associations, training, and meetings with others from which the City will derive benefit through the attendance of a representative. All requests to incur City travel costs must identify the benefit to the City.

B.  Authorized Expenses - Generally. City officials and employees should exercise good judgement, regard for economy, and recognition of proper use of public monies while traveling or incurring expenses in connection with City business. Any expense requested for reimbursement or payment by the City must be documented to be directly and clearly related to the conduct of City business. Expenses to be paid or reimbursed by the City may include: transportation to and from destination, lodging, meals, local transportation at the destination - if required, parking fees, one brief personal long distance call per day, and necessary incidental expenses required to transact City business, such as telephone, postage, or supplies. Reimbursement will be by receipt or contemporaneous record of actual cost only; per diem allowances will not be used.

Meals should generally be for a single individual. When entertaining others, receipts must state the date, names of persons at the meal, and the nature of City business conducted at the meal. Alcoholic beverages will not be reimbursed by the City. Reimbursement will be on an actual cost basis; however costs that exceed objective guidelines on costs in the locale must be justified.

C.  Transportation, Mileage, and use of Personal Vehicles. Authorized travel should consider both economy, and the best use of time when choosing a means of travel. Transportation costs, travel time, worker effectiveness, and en route meals and lodging are to be considered when determining least cost. Carpooling is encouraged and should be considered in determining least cost. Travel should be coordinated with one or more designated City travel agencies. The Bureau of Purchasing and Stores is directed to periodically recommend selection of one or more designated City travel agencies.

In those instances where a private vehicle is authorized by the Bureau Manager, the employee is required to have personal automobile insurance as required by law and other City standards prior to departure. Reimbursement will be at the current IRS mileage rate or the lowest cost alternative transportation, whichever is less, unless governed by a union contract or flat rate allowances for use of private vehicles.

5.08.095  Miscellaneous Expenses.

(Added by Ord. No. 164221, May 29, 1991.)

A.  Miscellaneous Expenses - Generally. There is a City business interest in supporting and encouraging the use of Citizen volunteers. Volunteers should be freed from out-of-pocket costs of volunteering. When appropriate to the needs of the City and within budget authority, the City will pay or reimburse expenses for parking costs, occasional meals for City volunteers, and volunteer appreciation receptions with non-alcoholic beverages.

There is a business interest in supplying light non-alcoholic refreshment at official citywide functions (such as Council informals, Citywide coordinating meetings, and employee training sessions) or at recognition receptions for retiring employees.

Employee awards (cash, flowers, or gifts) up to $50 in value may be paid. Bureaus should take care that such awards remain occasional and motivational rather than becoming expected. A business related explanation of the benefit to the City must be submitted with the payment request.

In order to promote economic development or build community cooperation, Elected Officials or their designees may be reimbursed for business meals, flowers, or official gifts. Such payments or reimbursements must be documented by receipts which state the date, name of recipient, and the nature of the business or relationship with the City and public interest reason for the expense. Dues for professional organizations may be paid at Bureau discretion. Membership dues for non-discriminatory civic or charitable organizations may be paid at bureau discretion only if there is a documented benefit to the City from an employee’s participation. Such dues must be clearly identified during the budget process.

5.08.100  Rules For Travel and Miscellaneous Expenses.

 (Added by Ord. No. 164221, May 29, 1991.)

A.  Development of Rules. The Office of Finance and Administration is directed to develop implementing rules and procedures that will clarify and define more precisely the principles expressed in Sections 5.08.050, 5.08.090 and 5.08.095. These implementing rules and procedures shall be sent to the Council for review and adoption by resolution either as recommended or modified. The Office of Finance and Administration shall have the authority to periodically review and make recommendations to revise said rules.

B.  Administration. Requests for payment/reimbursement for items covered by this policy shall be reviewed by the Accounting Division of the Bureau of Administrative Services and the Auditor’s Office before payment is made. Expenditure records shall be accessible to the media and citizen inquiry.

5.08.105  Reimbursement to employees in Educational Programs Authorized by the Council.

(Added by Ord. No. 133632; passed and effective Nov. 10, 1971.) Whenever the Council has authorized an off-duty educational program for employees on an individual basis to improve professional skills and has provided for reimbursing the employee for specific expenditures upon his successful completion of a course in accordance with the requirements for the program, reimbursement will be made upon requisition to the City Auditor approved by the City Personnel Officer. For employees on a General Fund payroll, the reimbursement shall be charged to the General Fund. Reimbursement for an employee on a special fund payroll shall be charged to that special fund.

5.08.110  Bus Fare for Meter Readers.

Meter readers of the Bureau of Water Works shall be paid additional compensation over and above their salary as an allowance for bus fare while traveling in the line of duty is such bus fare has not been paid directly by the Bureau of Water Works. The additional compensation to be paid each meter reader shall be at the rate of $17.50 per month, which shall be prorated for any part of a month in which the employee has not been required to pay his own bus fare.

5.08.120  Payment of Salaries and Wages at Other Than Times Specified.

Whenever it becomes necessary to pay for labor or overtime at other than the specified times indicated by this Chapter, time reports shall be certified as soon as may be required and transmitted to the Auditor for payment.

5.08.130  Salaries Chargeable to More Than One Fund.

(Amended by Ordinance No. 173369, effective May 12, 1999.) When the payroll of any bureau or department is made up of persons whose salaries are chargeable to more than one fund, such salaries may be paid by checks drawn on one such fund in the manner provided for regular payrolls provided that in such cases the bureau or department head shall draw an interdepartmental bill at the end of each month, charging the appropriation of the proper fund and crediting the revenue of the fund from which payment was made.

5.08.140  Salary Deductions.

(Replaced by Ordinance No. 172205; amended by 172562 and 173326, effective May 5, 1999.)

A.  Salary and wage deductions, other than Public Employees Retirement System, Worker’s Compensation Self-Insurance and assignments or garnishments prescribed by law or authorized by an employee, shall be made on the biweekly payrolls. Only the employee may authorize voluntary deductions or changes in exemptions for tax withholding purposes. Each authorization bearing the signature of the employee shall be kept on file by the Office of Finance and Administration.

1.  Federal Income and Withholding Tax

2.  Social Security and Medicare

3.  State Income and Withholding Tax

4.  Savings Bonds-City Treasurer

5.  Workers’ compensation Self-Insurance

6.  Public Employees Retirement System

7.  PACE Credit Union

8.  MULTCO Employees Credit Union

9.  IBEW Credit Union

10.  Aetna Retirement Services-Deferred Compensation

11.  PACE Credit Union-Deferred Compensation

12.  ICMA-Deferred Compensation

13.  ITT Hartford-Deferred Compensation

14.  PEBSCO-Deferred Compensation

15.  Portland Police Commanding Officers Association-PPCOA

16.  Portland Metropolitan Employees Union, DCTU, Local 189

17.  Painters and Allied Trade Union, Local 10

18.  International Brotherhood of Electrical Workers, Local 48

19.  Willamette Lodge, IAMAW, Local 63

20.  Operating Engineers, Local 701

21.  United Association of Plumbing & Pipe Fitting, Local 290

22.  Auto Mechanics, Mt. Hood Lodge, Local 105

23.  Municipal Employees Union, Local 483

24.  Portland Police Association

25.  Fire Fighter Association, Local 43

26.  City of Portland Professional Employees Association, COPPEA

27.  City Treasurer Trustee Fund for Benefit of Portland Police Contributions Committee-Police Special Contributions

28.  Portland Police Beneficiary Association

29.  Portland Police Historical Society

30.  Portland Police Athletic Association

31.  Fire & Police Insurance Association

32.  Fire & Police Disability and Retirement Fund

33.  Nationwide Auto Insurance

34.  Family Cancer Plan Insurance Company

35.  Kaiser Health Plan

36.  Standard Insurance

37.  Portland Building Fitness Center

38.  Maintenance Bureau Fitness Center

39.  Parking Patrol’s Fitness Center

40.  Portland Police Fitness Room Trustee Fund

41.  C-Tran Employee Transit Program

42.  Portland Police Relocation Loan Program Repayment Fund.

B.  Each entity or agency authorized by subsection A to receive money through the use of the payroll deduction system, except those agencies or entities referred to in subsection C, shall pay to the City a fee of 25 cents for each payroll deduction that is made from an employee’s paycheck.

C.  The entities or agencies whose names are preceded by the numbers described herein shall not be required to pay the fee described in subsection B: 1,2,3,4,5,6,15,16,17,18,19,20,21,22,23,24,25,26,31,32,35 and 36.

5.08.150  State Tax Street Fund.

Whenever salaries chargeable to the State Tax Street Fund are paid on payrolls charged to the General Fund, the Commissioner of Public Works may at the beginning of each month, estimate the amount of service to be charged during the ensuing month and transfer such amount from the State Tax Street Fund to the General Fund by departmental bill. At the end of each month, when the exact amount chargeable to the State Tax Street Fund is determined the amount transferred must be correct by departmental bill.

5.08.160  Delivery of Checks payable to Deceased Persons.

(Amended by Ordinance Nos. 133986 and 173369, effective May 12, 1999.) Delivery of checks payable to any person employed by the City, or payable to any person receiving disability or retirement benefits from the City, shall be made in the following manner upon the death of such person:

A.  Where the person’s estate is admitted to probate in any county in Oregon, delivery shall be made to the representative thereof after the Auditor has been furnished a certified copy of letters testamentary or letters of administration;

B.  Where the person’s estate is admitted to probate outside this state, delivery shall be made as provided in Subdivision A of this Section, except that the Auditor shall first notify the Department of Revenue of the total amount to be paid. Delivery of checks shall not be made less than 30 days after notice to the department of revenue and 90 days after death;

C.  Where the person’s estate is not probated, and the heir or next of kin making claim for checks is a resident of Oregon, delivery shall be made to that heir or next of kin after that individual has furnished the Auditor a hold harmless agreement as provided in Section 5.08.170;

D.  Where the person’s estate is not probated, and the heir or next of kin making claim for checks is not a resident of Oregon, delivery shall be made to that heir or next of kin after that individual has furnished the Auditor a hold harmless agreement as provided in Section 5.08.170 and if the amounts total more than $200 a bond, underwritten by a surety authorized to do business in this State, to defend and indemnify the City, its officers, agents and employees against any claim, suit, action or judgment arising out of the delivery or payment of the checks;

E.  Checks payable to deceased employees, or to persons entitled to disability or retirement benefits prior to their death, shall be drawn in the usual course of business only, and shall be delivered by the Auditor as provided by this Section, without further action of Council;

F.  The Auditor shall attach to each check issued under this Section an authorization for transfer in the following form:

AUTHORIZATION

FOR CHECK TRANSFER

KNOW ALL MEN BY THESE PRESENTS

That . . . . . . (name of applicant) has applied for transfer of Check No. . . . . . . dated . . . . . . 19 . . ., payable to . . . . . (name of payee), deceased, as . . . . . . . . . (Heir, next of kin, executor or administrator of the estate), that pursuant to Title 5 of the Code of the City of Portland, as amended, I am authorized to deliver said check to . . . . . . . . . . . . (name of applicant) and the Treasurer of the City of Portland is directed to cash the same upon.. . . . . . . . . . . . . . . . endorsement thereof.

PLEASE DO NOT DETACH

. . . . . . . . . . . . . . . . . . . . . . .

Auditor of the City of Portland

By

Deputy

The Auditor shall furnish the Treasurer a copy of all authorizations for transfer he issues, and the Treasurer shall honor all checks described in the authorizations for transfer when endorsed by the applicant named therein.

5.08.170  Hold Harmless Agreements.

(Amended by Ordinance No. 173369, effective May 12, 1999.) Hold harmless agreements required by subdivisions C and D of Section 5.08.160 shall be in the following form:

 HOLD HARMLESS AGREEMENT

 WHEREAS there was due and owing by the City of Portland, Oregon, to

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .who died . . . . . . . . . . . . . .. . . . , 19 . . . . , the sum of $ . . . . . . . . . . . . . .representing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and the Auditor of the City of Portland holds said sum in the form of checks drawn payable to the said deceased; and

 WHEREAS there will be no probate of the decedent’s estate and I, as . . . . . . . . . . . . . . . . . . . . . . . (heir, next of kin) of the deceased, have applied to the Auditor of the City of Portland for delivery of these checks according to the provisions of Title 5 of the Portland Municipal Code, as amended, whereby the Auditor may deliver these checks to me, as . . . . . . . . . . . . . . . . . . . . . , (heir, next of kin) only upon condition that I first release and discharge the City of Portland, its officers, agents and employees from all liability with respect to delivery of these checks and payment thereof, and agree to defend and indemnify the City of Portland, its officers, agents and employees therefrom;

 NOW, THEREFORE, in consideration of the payment to me of said sum, I hereby release and discharge the City of Portland, its officers, agents and employees from all liability arising from or consequent upon the payment to me of said sum and I hereby assume and agree to and with said City, its officers, agents and employees that I will defend and indemnify them against any claim, suit, action or judgment in consequence of the delivery of checks for, or payment of, said sum.

 IN WITNESS WHEREOF, I have hereunto set my hand and seal this

. . . . . . . day of . . . . . . . . . . . . . , 19 . . . .

. . . . . . . . . . . . . . . . .(SEAL)

. . . . . . . . . . . . . . . . . . . . . . .

Address

WITNESS:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Address

Approved as to form:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

City Attorney

5.08.180  Effect of Death upon Assignments and Levies.

A.  The Auditor shall recognize no power of Attorney or assignment of wages, salary, disability or retirement benefits, reimbursement of expenses or contributions, or any other monies owing a person by virtue of past or present employment with the City, after the death of that person, notwithstanding Section 5.12.030.

B.  If the Auditor receives notice of garnishment (except from the State Tax Commission of Oregon) or an order for payment of money into any federal or state court in Oregon, which notice or order applies to wages, salary or other monies due an employee of the City, and the employee is deceased or dies at any time before return is made thereon, the Auditor shall hold all monies pending further order of court and shall immediately notify the City Attorney of the notice or order and of the employee’s death. Upon receipt of this notice the City Attorney shall file a supplemental pleading in the case wherein the garnishment or levy was undertaken, to advise the court of the employee’s death and to obtain an order of court as to what disposition should be made of the monies held by the Auditor. The procedure authorized herein shall be followed notwithstanding Section 5.12.050.

C.  The Auditor shall make a return upon any notice of levy issued by the United States Treasury Department and any notice of garnishment issued by the State Tax Commission of Oregon, of wages, salary or other monies due an employee of the City, if the employee is living at the time the notice is served. If the employee is deceased at the time the notice is served, the Auditor shall:

1.  Make payment as provided in Section 5.08.160, advising the recipient thereof, in writing, of the existence of the tax lien; and

2.  Notify the taxing authority, in writing, of the fact and date of the employee’s death, the date and amount of the payment, the name and address of the recipient thereof, and the recipient’s relationship to the deceased. The procedure authorized herein shall be followed notwithstanding Section 5.12.050.

Chapter 5.10

PAYROLL DEDUCTIONS FOR

CHARITABLE PURPOSES

(Added by Ord. No. 161964,

effective May 24, 1989.)

Sections:

5.10.010  Definitions.

5.10.020  Charitable Campaign Committee.

5.10.030  Council Approval Required.

5.10.040  Application for Permission to Engage in Fund-Raising Activities.

5.10.050  Eligibility Requirements.

5.10.060  Recommendation to Council.

5.10.070  Council Approval.

5.10.080  Effect of Council Approval.

5.10.090  Revocation of Approval.

5.10.100  Annual Charity Drive.

5.10.110  Annual Reporting.

5.10.120  Costs.

5.10.130  Distribution of Payroll Deductions.

5.10.010   Definitions.

 (Amended by Ord. No. 168638, Apr. 5. 1995.)

A.  “Charitable organization” means any entity described in Internal Revenue Code section 501(c)(3) (26 USC § 501(c)(3)) and exempt from federal income tax under Internal Revenue Code section 501(a) (26 USC § 501(a)) and supported in part by voluntary contributions from the public and which, unless exempt, is registered with the Attorney General of Oregon or the Oregon Secretary of State as a charitable corporation or non-profit organization.

B.  “Umbrella organization” means an entity serving as the agent of a group of member charitable organizations to which it disburses funds or products or an entity that grants funds or products to charitable organizations. An umbrella organization shall endorse the program objectives of its member or recipient charitable organizations and shall ensure that such charitable organizations comply with all the requirements of this Chapter. The umbrella organization shall be a charitable organization. Any charitable organization may, under the provisions of this Chapter and in conjunction with nine other charitable organizations, form an umbrella organization.

C.  “Annual Charity Drive” means the annual fund- raising campaign conducted by umbrella organizations that have been approved by the Council pursuant to this Chapter. The Annual Charity Drive will occur between September 1 and November 1 each year and at that time approved umbrella organizations will be permitted to engage in fund-raising activities on the City’s premises and receive pledges of financial aid which may be paid through the payroll deduction system.

D.  “Committee” means the Charitable Campaign Committee created by Section 5.10.020 of this Chapter.

5.10.020  Charitable Campaign Committee.

(Amended by Ord. No. 165770, Aug. 26, 1992.) There is hereby created a Charitable Campaign Committee, which shall consist of five members, all of whom must be employees of the City. Each Commissioner and the Mayor shall appoint one member to the Committee. Members shall be appointed for terms of two years. Upon the occurrence of a vacancy on the Committee a successor shall be appointed by the person whose absence creates the vacancy. Members shall serve at the discretion of their appointing Commissioner or Mayor. All members shall serve without additional compensation. No member may serve on the Committee more than six consecutive years. The Committee shall select by majority vote a chairperson and vice-chairperson. The Mayor or the Mayor’s designee shall appoint a recording secretary from his department who shall be responsible for keeping the record of the Committee.

The Committee shall annually review and establish rules and regulations for the Annual Charity Drive, which shall be available after January 1. The Committee shall consider all new applications and statements of intent to continue participation for the Annual Charity Drive after April 1. The Committee shall meet at least twice annually in order to administer this Chapter.

The Mayor or the Mayor’s designee shall provide staff assistance in support of the Committee.

5.10.030  Council Approval Required.

In order to be eligible to participate in the Annual Charity Drive, an umbrella organization must apply for and receive approval from the Council.

5.10.040  Application for Permission to Engage in Fund-Raising Activities.

(Amended by Ord. No. 165770, Aug. 26, 1992.) Umbrella organizations shall submit applications to participate in the Annual Charity Drive on forms provided by the Committee, which shall be available at the Office of the Mayor or the Mayor’s designee. Each application shall be filed with the Office of the Mayor or Mayor’s designee between January 1 and April 1 of each year in order for the applicant to be eligible to participate in the Annual Charity Drive.

If the umbrella organization has been deemed eligible for a two-year period, application need not be made for participating in the Annual Charity Drive for the second year of eligibility. Each umbrella organization shall, however, provide the Committee with a written notice of intent that it wishes to continue its participation in the Annual Charity Drive between January 1 and April 1 of each year. The notice of intent shall be accompanied by a notarized statement that the questions and supporting documentation contained in the original application remain correct and accurate. Any changes from the original application should be detailed and supporting documentation provided. The Committee reserves the right to request a new application be completed.

Each application shall contain the following:

A.  The name and address of the Umbrella Organization applying for permission to participate in the Annual Charity Drive.

B.  The name(s) and address(es) of the person(s) who will be directly responsible for conducting the fund-raising activities.

C.  A full statement of the character and extent of the charitable work being done by the umbrella organizations as well as the geographic region or location where the charitable work is done.

D.  A statement to the effect that, if the application is approved, such approval will not be used or represented to be an endorsement by the City of the applicant.

E.  Such other information as may be required by the Committee to carry out its duties under this Chapter.

5.10.050  Eligibility Requirements.

(Amended by Ord. No. 168638, Apr. 5, 1995.) The Committee shall recommend to the Council that Umbrella Organizations satisfying the following requirements be authorized to conduct fund-raising activities on City premises and receive donations through the City’s payroll deduction system.

A.  Umbrella organizations must disburse or grant funds or products to at least nine charitable organizations and must demonstrate proof of such disbursements in the calendar year prior to its application. Each charitable organization receiving funds or products from an umbrella organization must meet all of the requirements of this Chapter.

B.  Charitable organizations and umbrella organizations must have a policy and procedure of nondiscrimination in regard to race, religion, national origin, handicap, age, marital status, sex or sexual orientation applicable to persons served by the charitable organization, applicable to charitable organization staff employment, and applicable to membership on the charitable organization’s governing board.

C.  Funds contributed to charitable organizations by City employees must be used for the announced purposes. An umbrella organization’s fund raising and administrative expenses shall not exceed 25 percent of its unrestricted income as demonstrated by its annual financial reports. Designated contributions by employees shall not constitute restricted income.

D.  An umbrella organization must have the express written permission of each charitable organization it represents to use said charitable organization’s name in the Annual Charity Drive.

E.  Charitable organizations must conduct their fund-raising activities for the direct good or benefit of the public, located in the State of Oregon, the national community or the international community in the fields of health and human services, education, the environment, or the arts.

F.  Umbrella organizations must provide documented proof of at least one year of operation. Both charitable and umbrella organizations shall satisfy all other criteria contained in this Chapter.

G.  Both charitable and umbrella organizations must be governed by a Board of Directors which serves without compensation.

5.10.060  Recommendation to Council.

The Committee shall recommend to the Council that permission to participate in the Annual Charity Drive be granted to those umbrella organizations that it finds have satisfied the requirements contained in section 5.10.050. Umbrella organizations recommended for approval shall be presented to the Council no later than the first day of August preceding the Annual Charity Drive in which the Organization seeks to participate.

5.10.070  Council Approval.

If the Council finds that the provisions of this Chapter have been satisfied by an umbrella organization requesting permission to participate in the Annual Charity Drive, it shall approve the application of the umbrella organization.

5.10.080  Effect of Council Approval.

Approval by the Council of an umbrella organization’s application under this Chapter shall not constitute an endorsement by the City of Portland of the umbrella organization or any charitable organization represented by an applicant. No charitable organization or umbrella organization shall represent in any way that such approval constitutes an endorsement by the City of Portland.

5.10.090  Revocation of Approval.

(Amended by Ord. No. 168638, Apr. 5, 1995.)

A.  The Committee may recommend that the Council revoke its decision that an umbrella organization be permitted to participate in the City of Portland’s Annual Charity Drive for violation of the provisions of this Chapter.

B.  In the event that an umbrella organization fails to receive donations through the payroll deduction system from at least 25 employees, or total donations of at least $2,500, in any Annual Charity Drive, such organization will be ineligible to participate in the Annual Charity Drive for the following year. After its year of ineligibility expires, an umbrella organization may reapply to participate in the Annual Charity Drive.

C.  In the event that the Council finds that a charitable organization or umbrella organization is or has been in violation of the provisions of this Chapter, the Council shall revoke its authorization for any such organization to participate in the Annual Charity Drive.

5.10.100  Annual Charity Drive.

(Amended by Ord. No. 168638, Apr. 5, 1995.)

A.  The Committee shall be responsible for establishing rules and regulations for the conduct of the City of Portland’s Annual Charity Drive. The Committee shall annually publish these rules and regulations no later than August 1 of each year.

B.  Only umbrella organizations approved by the City Council are authorized to participate in the Annual Charity Drive.

C.  The Annual Charity Drive shall be conducted in a manner which permits voluntary giving. No employee should feel in any way coerced to contribute.

D.  The Annual Charity Drive authorized by this Chapter shall occur between September 1 and November 1 of each year.

E.  The City may contract for the organization and management of the Annual Charity Drive.

F.  Workplace solicitations of employees may occur only during the Annual Charity Drive and only in accordance with procedures established by the Committee. The collection of contributions in the form of personal checks shall be processed as determined by the Committee.

5.10.110  Annual Reporting.

(Amended by Ord. No. 168638, Apr. 5, 1995.)

A.  Umbrella organizations shall prepare and submit by April 1 of each year an annual report to the Committee which includes a full description of the umbrella organization’s solicitation activities, the names of its chief administrative personnel, a full disclosure of the source and use of contributions, and a financial report which shall be certified by an independent certified public accountant, at no cost to the City. The same information must also be available to the general public and the charitable organizations represented by the umbrella organization.

B.  Charitable organizations receiving funds or products through a participating umbrella organization shall submit a special report containing such information as may be requested by the Committee to determine compliance with this Chapter.

5.10.120  Costs.

(Amended by Ord. No. 164381 and 168638, Apr. 5, 1995.)

A.  All administrative costs associated with the Annual Charity Drive shall be shared by all participating umbrella organizations in direct proportion to the total contributions received by the umbrella organization.

B.  The Office of Finance and Administration will provide each umbrella organization with a monthly total of pledges made and pledges received. The City will not be liable for any uncollectible pledges.

C.  In addition to the administrative costs referred to in Subsection B., each umbrella organization shall pay the 25 cents transaction fee referred to in Section 5.08.140.

5.10.130  Distribution of Payroll Deductions.

(Amended by Ord. No. 168638, Apr. 5, 1995.)

A.  The Office of Finance Administration shall deduct from each employee’s biweekly paycheck the amount(s) designated by the employee. Deductions shall be made either from the employee’s first paycheck of the month, second paycheck of the month, or both. All deductions shall be sent to the umbrella organization in the manner designated by the employee. The distribution of funds to each charitable organization represented by an umbrella organization shall be the responsibility of the umbrella organization.

Chapter 5.12

ASSIGNMENT OR GARNISHMENT OF

SALARIES, WAGES OR CLAIMS

Sections:

5.12.010  Unlawful to Assign Salary or Wages.

5.12.020  Auditor Not to Recognize Assignment.

5.12.030  Exceptions.

5.12.040  Penalty.

5.12.050  Garnishments.

5.12.010  Unlawful to Assign Salary or Wages.

It is unlawful for any person or employee rendering services to the City and having a salary or wage claim against the City to make an assignment of the claim for salary or wages, whether earned or unearned, except as provided in Section 5.12.030.

5.12.020  Auditor Not to Recognize Assignment.

The Auditor of the City is hereby directed not to recognize any assignment or attempted assignment of a salary or wage claim against the City, except as provided in Section 5.12.030.

5.12.030  Exceptions.

The provisions of this Chapter are subject to the following exceptions:

A.  Any officer or employee may, with the approval of his Commissioner, assign his salary or wages to the Retail Credit Association of Portland, Oregon;

B.  Nothing contained herein shall prohibit a City employee from executing a power of Attorney to Portland Employees’ Credit Union, an Oregon corporation, whereby the salary or wages, or any part thereof, of the employee is assigned to the corporation. The Auditor and Treasurer are hereby authorized to recognize all of the powers of Attorney to make on the payrolls any deductions required thereby, and to pay the Portland Employees’ Credit Union any sums authorized by the powers of Attorney.

C.  Nothing contained herein shall prohibit a City employee from executing a power of Attorney to the Firemen’s Relief Association of the Firemen’s Beneficiary Association of Portland, an Oregon corporation, or to the Portland Police Beneficiary Association, an Oregon corporation, whereby the salary or wages, or any part thereof, of the employee is assigned to either of said corporations. The Auditor and Treasurer are hereby authorized to recognize all of the powers of Attorney.

5.12.040  Penalty.

Any officer or employee of the City who shall sell or assign, or attempt to sell or assign, any salary or wages in violation of the provisions of this Chapter shall thereby be deemed to have committed an act which is hereby declared sufficient cause for his removal.

5.12.050  Garnishments.

(Amended by Ordinance Nos. 146745, 154642, 155429 and 173369, effective May 12, 1999.) Whenever any salary, wage or credit in possession of the City, belonging or owed to any person, firm or corporation whatsoever is garnished or levied upon, subject to the City Attorney’s approval of the original garnishment or levying documents, the Office of Fiscal Administration, Accounting Division, shall thereafter process such garnishments as follows:

A.  With respect to the garnishment of City employees’ salaries of wages, the amount of garnishment shall be deducted from the employees’ salary or wages as a voluntary deduction through the computer process. The total amount of garnishment deducted for all employees whose wages are being garnished shall be transmitted to the Treasurer’s Office account by an authorization notice accompanied by a Garnishment Report in the form of a deduction register. The Garnishment Report will document the name(s) of the payee(s) according to the Notice of Levies or Writs of Garnishment received. The Treasury Division will then draw one or more checks, depending on the number of levies or writs received for each employee, against such office account in favor of the payee designated on the Notice of Levy/Writ of Garnishment.

B.  With respect to Notices of Levy or Writs of Garnishment not affecting the salary or wages of a City employee and any Notice of Levy or Writs of Garnishment received after the biweekly payroll cutoff, the procedure for processing such Notices of Levy/Writs of Garnishment shall be as stated in this Subsection. The Office of Fiscal Administration, Accounting Division, shall place upon any check issued for such salary, wages or credit and an endorsement:

1.  Noting that such salary, wages or credit has been garnished or levied upon as the case may be, together with identification of such garnishment or levy;

2.  Directing the payment of a certain sum upon such garnishment or levy;

3.  Designating the person entitled to receive such sum; and

4.  Directing the payment of the balance of money due on such warrant, if any, to the payee thereof.

The Office of Fiscal Administration, Accounting Division, shall then deliver such warrant to the Treasurer and the Treasurer shall deposit such warrant to the account of the City and draw one or more checks against such account in the amounts directed and in favor of the person or persons designated by the endorsement upon such warrant.

Chapter 5.16

EMERGENCY CHECKS

Sections:

5.16.010  Issued When.

5.16.020  Extraordinary Circumstances Requiring Emergency Checks.

5.16.010  Issued When.

(Amended by Ordinance Nos. 168313, 169321 and 173369, effective May 12, 1999.) Emergency checks are hereby authorized to be issued under special circumstances. Such emergency checks shall be for the following specified purposes:

A.  In payment of salaries or wages of employees when discharged or laid off;

B.  In payment of earned salaries or wages of employees compelled to leave the City by reason of death of a relative or other extraordinary circumstances;

C.  In payment of loans or for the purchase of bonds by the City Treasurer where interest charges can be stopped or saved to the City, or for the purchase of postage;

D.  In payment of commissions or assessments on property sold for the benefit of the Assessment Collection Fund;

E.  In payment of any obligation where interest penalty charges or discounts on current expenses can be saved to the City.

Emergency checks may be authorized by the Bureau Manager or designee for any of the aforementioned purposes and no other authorization is needed.

5.16.020  Extraordinary Circumstances Requiring Emergency Checks.

(Amended by Ordinance Nos. 136544, 169321 and 173369, effective May 12, 1999.) Should an extraordinary condition arise not otherwise provided for by this Chapter, the Commissioner-In-Charge of the department requesting the issuance of an emergency check, or any person in such department so authorized by the Commissioner-In-Charge in writing filed with the City Auditor, shall present a signed requisition, accompanied by a statement in writing giving his/her reasons for so doing, which shall be authorization for issuance of an emergency check. The Commissioner-In-Charge, the Mayor and the City Auditor shall approve emergency checks for extraordinary circumstances provided for in this Section.

Chapter 5.20

BUDGET PROCEDURE

Sections:

5.20.010  Budget Procedure.

5.20.020  Reimbursable Expenditures Account.

5.20.010  Budget Procedure.

(Amended by 168428, Jan. 11, 1995.)

A.  The Commissioner of Finance and Administration is hereby designated to supervise the preparation of the budget document.

B.  The preliminary budget estimates of expenditures for the departments and bureaus for the ensuing year shall be prepared and submitted by the department heads to the Commissioner of Finance and Administration in the manner prescribed by him.

C.  The Commissioner of Finance and Administration is hereby designated the Chairman of the budget Committee.

D.  The capital expenditure limit is established at $5,000 to be adjusted annually based on the average inflation rate for the Portland Metropolitan Area, as determined from U.S. Department of Labor Statistics as certified by the City Auditor and shall be rounded to the nearest $100.

5.20.020  Reimbursable Expenditures Account.

A.  Reimbursable expenditures account budgeted in the General Fund is limited to reimbursable projects which were not anticipated when the budget was prepared. An estimate of revenue in an equal amount is also budgeted in the Reimbursable Revenues Account. Expenditures for such a reimbursable project shall be charged to the function which will execute the project, and the appropriation for reimbursable expenditures will be provided by transfer from the Reimbursable Expenditure Account. Receipts for reimbursements shall be credited to an appropriate revenue account other than the Reimbursement Revenues Account. A memorandum credit only will be made in the Reimbursement Revenues Account.

B.  A transfer of appropriation shall not be made from the Reimbursable Expenditure Account if the proposed expenditure is already included in the budget of an appropriation other than reimbursable expenditures, either directly or indirectly, or if the reimbursement is already included in estimated revenues other than reimbursement revenues, either directly or indirectly. This appropriation shall not be used to increase the budget of a bureau or function when some item of estimated revenue is over-realized.

1.  A transfer of appropriation shall not be made until it has been determined by the Commissioner In Charge of the bureau affected or by the Commissioner of Finance and Administration for other budgets that a deposit has been made to cover the estimated cost of the project or that payment is assured.

C.  Transfers of appropriation for reimbursable projects may be made without special ordinance upon written authorization by the Commissioner of Finance and Administration and the Commissioner In Charge of the bureau affected. If no bureau is affected, then such transfer may be made upon written authorization of the commissioner of Finance and Administration.

D.  If a reimbursable project is completed during the same year in which the transfer was made to set up the project and if there is a remaining balance of the appropriation transferred, the unused appropriation may be transferred back to the Reimbursable Expenditures Account without special ordinance on written authorization of the Commissioner of Finance and Administration.

Chapter 5.24

AUDITOR’S RECORDS AND REPORTS

Sections:

5.24.010  Permanent Records to be Kept by Auditor.

5.24.020  Auditor to Report on Balance in Appropriation.

5.24.010  Permanent Records to be Kept by Auditor.

The Auditor shall install and maintain suitable loose-leaf systems in keeping bonded lien accounts and other such bookkeeping accounts which are required to be kept by the provisions of the Charter. Such loose-leaf accounts shall be kept in lock binders and shall be placed in lock book form upon completion of the record of such account. Such loose-leaf system installed in binders shall be deemed a permanent record for all purposes required by the Charter of the City.

5.24.020  Auditor to Report on Balance in Appropriation.

Each month the Auditor shall transmit to the head of each department a statement showing the unencumbered balance in each appropriation.

Chapter 5.30

COLLECTIONS AND FORECLOSURE

PROCESS

(New Chapter substituted by

Ord. No. 165798, Sept. 2, 1992.)

Sections:

5.30.005  Purpose.

5.30.010  Definitions.

5.30.015  Applicability and Foreclosure Options.

5.30.020  Authorities and Responsibilities.

5.30.025  Collection Process.

5.30.035  Special Payment Plan.

5.30.037  Renegotiation of Installment Payment Contracts.

5.30.040  Preforeclosure Process and Review for Delinquent Tax Accounts.

5.30.045  Preparation of Preforeclosure List.

5.30.050  Preparation of Final Foreclosure List, Exemptions.

5.30.055  Review of Final Foreclosure List.

5.30.060  Council Action on Final Foreclosure List; Recording of Notice.

5.30.065  Notice to Persons on Final Foreclosure List of Foreclosure Action.

5.30.070  Purchase of Property by the City.

5.30.075  Payment of Lien and Presale and Sale Conditions.

5.30.080  The Sale.

5.30.085  Certificate of Sale and Notice of Sale to Property Owner.

5.30.090  Lien Docket Entry.

5.30.095  Redemption.

5.30.100  Issuance of Deed.

5.30.105  Waste, Improvements to the Property, Nuisance Abatement.

5.30.110  Payment of Taxes.

5.30.115  Sale of Property.

5.30.005  Purpose.

The purpose of this Chapter is to establish a process for the collection of delinquent assessment liens and for the foreclosure of liens on properties which have delinquent accounts. The emphasis of the collections program will be to maintain good communications with property owners. This Chapter provides the authority for the City to recover its costs associated with the collection of delinquent accounts and establishes penalties and other incentives to encourage payment. The City intends, however, to provide for special payment plans for persons having difficulties paying assessments. Foreclosure is viewed as a last resort. It is the intent of the City to use foreclosure to protect the interests of the bond holders and taxpayers of the City, and to implement other City policies and programs.

5.30.010  Definitions.

A.  As used in this Chapter, the following terms shall mean:

1.  “Assessment Lien” means a lien placed upon certain real property for its proportionate share of costs incurred for: economic improvements, systems development charges, the construction of a public improvement, the making of sidewalk repairs, the mitigation of a nuisance, mitigation costs and penalties associated with a code violation or for other improvements or purposes authorized by state law.

2.  “Bonded Lien” means an assessment which has been financed under the provisions of state law , City Code or City Charter and made a lien on the property.

3.  “Collection costs” means the costs associated with the collection of the assessment such as billing and rebilling charges.

4.  “Delinquent Bonded Lien” means a bonded assessment installment payment which has not been paid within 30 days after the installment payment due date.

5.  “Delinquent Open Lien” means an unbonded lien which has not been paid within 30 days after entry upon the lien docket.

6.  “Foreclosure Sale” means a legal process which allows the City to foreclose and to sell property to liquidate delinquent liens through notice and sale.

7.  “Foreclosure Sale List” means a list of properties with delinquent City liens which the City will sell at a foreclosure sale.

8.  “Open Lien” means an assessment which the property owner has elected not to bond.

9.  “Redemption period” means the one-year period during which a person having an interest in the property may redeem the property which has been sold at a foreclosure sale to satisfy a delinquent assessment.

10.  “Redemption price” means the sales price plus interest and penalties.

11.  “Sales costs” means costs associated with the sale including the cost of advertising, sale, direct and indirect costs related to notification such as the cost of any reports required to determine the names of persons having an interest in the property or the status of the property, printing, postage, advertising, posting of the property, title insurance and staff salaries, benefits and overhead costs directly expended to complete the sale.

12.  “Sale price” means the amount owing on the principle, interest, penalties, collection costs and sales costs.

5.30.015  Applicability and Foreclosure Options.

A.  The provisions of this Chapter apply to delinquent bonded liens and delinquent open liens. This Chapter shall not apply to delinquent assessment liens under the sewer safety net program. The foreclosure procedures applicable to Sewer Safety Net liens are set forth in Chapter 5.31.

B.  The City shall not be limited to the foreclosure process in this Chapter. The City may elect to use a Judicial Foreclosure process or to sell the property as provided in the Charter, City Code or state law.

5.30.020  Authorities and Responsibilities.

A.  The Auditor shall maintain the records related to assessment liens, process bonding contracts, bill and collect open and bonded lien accounts, process and approve or deny applications for special payment, administer the preforeclosure collection process, prepare a preforeclosure list, and transmit the preforeclosure and final foreclosure lists to the Council members for review and approval.

B.  The Council shall review and approve the preforeclosure and final foreclosure lists and adopt an ordinance which lists the properties subject to foreclosure.

C.  The Treasurer shall administer the foreclosure sale process, purchase property identified by the Council for purchase by the City, administer the redemption process and execute deeds conveying the property sold.

D.  The Bureau of General Services shall manage, maintain, rent or market for sale properties purchased by the Treasurer for collection of delinquent assessments.

5.30.025  Collection Process.

(Amended by Ord No. 167655, May 11, 1994.)

A.  The Auditor shall establish a collections process and shall be authorized to:

1.  Establish in writing rules and procedures to carry out provisions of this Section. Maintain a record of the rules and procedures and make them available to the public.

2.  Establish fees including a billing fee and rebilling fee to recover the cost of collecting the delinquent lien amount;

3.  Establish penalties and increases in the interest rate to encourage early payment of delinquent lien accounts; and

4.  Report delinquent lien accounts to a credit rating bureau to encourage payment.

B.  The collections process shall provide for individual payment plans under certain circumstances as provided by City Code 5.30.035, Special Payment Plan.

C.  The collections process may begin at any time after the account is 30 days past due.

D.  A penalty equal to one-half of one percent (.005) of the principal balance shall be added to the amount due on an open or bonded lien at the date the assessment or installment payment becomes delinquent. The penalty accumulates with each installment payment until the lien is brought current or paid in full.

E.  Interest shall be added to delinquent liens based on the following methods:

1.  For a delinquent open lien interest shall be calculated on the unpaid balance from the assessment date. Interest shall be charged at a rate to be set annually by the Treasurer based on the average prime interest rate set by the City’s bank on December 31st of the previous year, plus 300 basis points (3%.) At no time shall the annual interest rate be reduced to less than 12%.

2.  For a delinquent bonded lien interest shall be calculated daily based on the amount of the unpaid principal balance and the interest rate set by the installment payment contract.

F.  Assessment payments made during the thirty (30) day period following the assessment date shall not be charged the interest specified in City Code Section 5.30.025 E 1.

G.  The Auditor may waive delinquent interest, penalties and collection costs under the following conditions:

1.  A delay in receiving payment, installment contract or special payment contract from the property owner which is caused by a documented oversight, omission or error by City staff; or

2.  A delay in receiving payment, installment contract or special payment contract from the property owner which is caused by a documented medical or financial emergency; or

3.  The sale or transfer of the property to a certified non-profit organization or government program to satisfy the goals of an expressed public purpose; and

4.  The property owner complies procedures for documenting the waiver request as set forth by the City Auditor.

H.  Subject to the terms of the installment contract, when a bonded lien becomes delinquent, the Auditor may declare the installment contract void. The property owner shall pay all delinquent installments and make new installment payment arrangements as provided in this Chapter or may pay the entire amount owing on the delinquent bonded lien.

I.  When property has been placed on the foreclosure list, persons having an interest in the property may bring the delinquent bonded lien account current until the time of the sale. After the sale, any person redeeming the property must pay the delinquent bonded lien account in full.

5.30.035  Special Payment Plan.

A.  The Special Payment Plan shall be available to any property owner who has a delinquent open or bonded lien, and is unable to bring their delinquent lien account current within one year. In order to qualify, the property owner must demonstrate to the Auditor an inability to pay the assessment lien in cash or an inability to maintain current bonded lien payments.

B.  The plan shall take into account the ability of the property owner to pay and it may extend over any payment period based on the applicant’s ability to pay. The plan shall be reviewed every three years and shall be revised to minimize the term based on the applicant’s ability to pay. A minimum monthly payment equal to the monthly interest accruing to the delinquent lien, plus a billing charge shall be required. The payment shall be applied to the delinquent lien account. At the conclusion of the plan, the property owner will be billed according to standard City billing procedures.

C.  The property may be placed on the preforeclosure list in accordance with the priorities in City Code 5.30.045 if the property owner fails to make a monthly payment before the completion of the plan unless the Auditor finds there is an extreme emergency and a severe temporary financial difficulty. In this event the Auditor and property owner may develop a new plan.

5.30.037  Renegotiation of Installment payment Contacts.

(Added by Ord. No. 167655, May 11, 1994.) When the Auditor declares an installment payment contract void, the property owner may renegotiate new installment payment arrangements. The Auditor shall offer new installment contract terms and conditions which protect the City’s financial condition and assume the repayment of associated municipal bonds. The Auditor shall set the interest rate on the renegotiated contract at a rate greater than or equal to the interest rate of the original installment payment contact. The renegotiated installment contact shall be in the same form as required by Chapter 17.12 of the Code for assessment installment payment contacts. The property owner shall pay or make arrangements or pay all delinquent assessment installments before the City will accept the renegotiated installment payment contact as follows:

A.  In the event that the City declares the installment payment contact void prior to placing the property on the foreclosure list, the property owner may apply for a special payment plan to pay delinquent assessment installments as provide in PCC 5.30.035.

B.  In the event that the City declares the installment payment contact void after placing the property on the foreclosure list, the property owner or other interested person may pay all delinquent installments in full.

5.30.040  Preforeclosure Process and Review for Delinquent Tax Accounts.

A.  At the conclusion of the collections process, the Auditor shall prepare a list of delinquent lien accounts. No property shall be placed on the list unless:

1.  It is an open lien which is at least 60 days past the due date; or

2.  It is a bonded lien which is at least one year past the installment due date.

B.  The Auditor shall determine whether any properties on the delinquent accounts list are also delinquent in the payment of property taxes. The Auditor shall identify those properties which are likely to be foreclosed upon by the County prior to the City’s foreclosure sale.

C.  The Auditor shall review the list of properties to be foreclosed upon by the County and shall make a recommendation to the Council regarding any properties which should be purchased. The determination of whether to pay the taxes shall be based on whether the total amount of the liens and taxes on the property is less than the market value of the property or, if the property has been sold, whether the sale price received by the County was enough to pay the amount of the City liens upon resale. The Council shall direct the Treasurer by Resolution regarding which properties should be purchased.

D.  The Treasurer shall remove property from the County foreclosure list and notify the Auditor to add the total amount paid to the County to the lien against the property. The Treasurer shall pay the County from funds designated by the Council.

5.30.045  Preparation of Pre-foreclosure List.

A.  The number of properties to be placed on the preforeclosure list shall be determined by the Auditor and Treasurer based on how many properties the current staff level can process.

B.  The Auditor shall prioritize the delinquent lien accounts for inclusion on the preforeclosure list as follows:

1.  The highest priority shall be given to properties which have the potential to significantly reduce the delinquency rate.

2.  The next priority shall be given to properties which have the potential of helping to solve a City public health, safety or welfare objective.

C.  In order to identify the highest priority properties, the following process shall be applied:

1.  The Auditor shall circulate a list of all delinquent lien accounts to the City Council. The list shall identify the location of the properties, the type of improvement on the properties, the type of delinquent lien and the amount owing;

2.  The Council members may request appropriate bureaus to review the list and to identify properties which should be foreclosed upon to implement City policies and programs. Within 30 days of the date the Auditor circulates the property list, the Council member shall transmit to the Auditor a list of any properties which are to be placed on the preforeclosure list together with a statement identifying the policy or program to be implemented and the reasons the placement of the particular property on the list will implement the policy or program. The source of the funds to acquire the property shall also be identified.

3.  The Auditor shall place each property identified by a Council member on the preforeclosure list. These properties shall be subject to the preforeclosure process unless removed under City Code 5.30.035, Special Payment Plan or the account is brought current.

5.30.050  Preparation of the Final Foreclosure List, Exemptions.

A.  No property on the preforeclosure list shall be placed on the final foreclosure list until the following steps have been taken.

1.  The current property owner has been determined. The record shall state how the property ownership status was determined.

2.  The property owner has received at least two written delinquency notices within a three-month period prior to the sale. The notice shall be sent certified mail, return receipt requested and by first class mail. The notice shall identify the property, the amount owing (principal, interest, penalties and collection costs) and state the costs of sale that will be charged to the account. In addition, the notice shall identify the type of the delinquent lien account and the fact that the property will be placed on the foreclosure list unless the property owner elects to pay under a Special Payment Plan, City Code 5.30.035 or brings the account current. The record shall contain a copy of the notice and the returned receipts.

5.30.055  Review of Final Foreclosure List.

A.  The Auditor shall transmit a preforeclosure report and a copy of the final foreclosure list to each City Council member for review. Any comments or additions and any required reports shall be transmitted to the Auditor within 15 working days from the date the Auditor sends the final foreclosure list to the Council members.

B.  The preforeclosure report shall contain the following:

1.  Certification that each property on the list meets the foreclosure criteria set forth in City Code 5.30.040 and City Code 5.30.045 B.;

2.  Certification that each step in the preparation of the final foreclosure list, as set forth in City Code 5.30.050 has been applied correctly; and

3.  Recommendation of properties to be purchased by the City to implement City policies and programs. Any properties recommended for purchase shall be accompanied by a statement as required by City Code 5.30.045 C.2.

C.  Each City Council member may transmit a copy of the list to appropriate bureaus to determine if any additional property should be purchased by the City to implement a City policy or program. Any Council member may transmit a report to the Auditor regarding any factors listed for consideration in City Code 5.30.055 B..

D.  The Auditor shall:

1.  Prepare a report to Council which identifies properties which have been deleted from the list based on the recommendations of the Commissioners and which identifies properties which the Auditor has not deleted, but the Commissioners have recommended for deletion. The report shall state the reasons the properties have not been deleted from the list. In addition, the Auditor shall identify any properties recommended for deletion by a Commissioner and the reasons the properties have or have not been deleted;

2.  Prepare a report and a list for submission to the Council which identifies the properties recommended for purchase by the City. The list shall include the following information: a legal description of the property, the address of the property, the type of improvements on the property, the bureau requesting the purchase. The report shall identify the property, the

source of the funds to be used to purchase the property, the policy or program being implemented by the purchase and a statement of how the purchase will be part of the program implementation; and

3.  Prepare a revised final foreclosure list for submission to the Council for Council action.

5.30.060  Council Action on Final Foreclosure List; Recording of Notice.

A.  The Council shall review the final foreclosure list and reports submitted by the Auditor to determine:

1.  Whether each property on the list satisfies the foreclosure criteria set forth in City Code 5.30.040 and City Code 5.30.045 B.;

2.  Whether each step in the collection process as set forth in City Code 5.30.050 has been applied correctly; and

3.  Whether certain properties should be purchased by the City.

B.  The Council shall act by ordinance and shall identify for the Auditor and Treasurer which properties should be placed on the final foreclosure list and which properties on the list should be purchased by the City.

C.  The final foreclosure list shall be transmitted to the Treasurer by the Council Clerk. After the list is submitted to the Treasurer, the only payment option is to bring the account current.

D.  The Treasurer shall record a Notice of Foreclosure and Sale for each property listed on the final foreclosure list in the County records in which the property is located before ordering a foreclosure report and before giving notice as required by City Code 5.30.065. The notice shall contain the ordinance number adopting the final foreclosure list; the address and legal description of the property, the time, date and place of the sale, the types and amounts of assessments and that the property will be sold unless the account is brought current and all interest, penalties, collection costs and sales costs to date are paid. It shall also state the name of the person and address and phone number where additional information is available.

E.  The Treasurer shall determine the names and addresses of all persons having an interest in the sale including lien holders and whether the property is part of a bankruptcy estate. This may be done by purchasing a report from a title company.

F.  Any property which is part of a bankruptcy estate shall be removed from the sale or the City Attorney should be requested to seek relief from the stay from the Bankruptcy Court.

5.30.065  Notice to Persons on Final Foreclosure List of Foreclosure Action.

A.  Individual Notice.

1.  The Treasurer shall mail a “Notice of Foreclosure” to all persons having an interest in the property and to all persons requesting notice. It shall be sent at least 60 days prior to the sale by certified mail, return receipt requested.

2.  The notice shall state that a foreclosure sale will be held and it shall specify the date, time and place. It shall contain the following information: the names of the owners of the property, the legal description of the property, the street address, the amount of the delinquent account stating both the principal and interest due as well as any penalties and collection charges, the type of the delinquent account and the name of the Treasurer. It shall also state that there shall be an additional charge for sales costs to date.

3.  The Treasurer shall retain and file the returned mailing receipt.

B.  Newspaper Notice.

1.  The Treasurer shall have printed in a daily newspaper of general circulation the notice of sale once a week for four successive weeks.

2.  The notice shall contain the information required in City Code

5.30.065 A. 2.

3.  A copy of the first of the four published newspaper notices shall be sent to the owner and to the occupant by certified mail, return receipt requested and a copy of the notice shall be retained in the file.

C.  Posted Notice.

1.  The Treasurer shall have notice posted on the property at least once, no less than four weeks before the sale. Proof of posting shall be maintained in the property foreclosure file.

2.  The notice shall contain the information required in City Code 5.30.065 A 2.

3.  The Treasurer shall prepare an affidavit of posting and a copy of the affidavit shall be retained in the file.

D.  Other notice.

1.  Notice shall be given to the Internal Revenue Service by certified mail, return receipt requested, at least 25 days prior to the sale.

5.30.070  Purchase of Property by the City.

A.  The City may purchase property on the final foreclosure list before, during or after the sale subject to the following conditions:

1.  The Council has approved the purchase of the property in the ordinance adopted under City Code 5.30.060 B and the money has been transferred to the proper assessment fund;

2.  In the case of property purchased before the sale, any person having an interest in the property is given an opportunity to bring the account current, and pay collection and sales costs, and thereby remove the property from the list as provided by City Code 5.30.075 A; and

3.  Any person having an interest in the property may redeem the property as provided by City Code 5.30.095.

5.30.075  Payment of Lien and Presale and Sale Conditions.

(Amended by Ord. No. 167655, May 11, 1994.)

A.  A person with an interest in the property may remove the property from the foreclosure list by paying the amount of the delinquent assessment with penalties, interest, collection costs and sales costs incurred to date any time prior to the sale. In addition, in the case of a delinquent bonded assessment, the Auditor shall declare the installment contract void and require the proper owner the make new installment payment arrangements as provided in this Chapter. Payment plans as provided in PCC 5.30.035 may not be initiated as a means to bring the account current. If requested, notice that the property has been removed from the sale, shall be recorded in the County records in which the property is located.

B.  A bidder purchases the property “as is.” There shall be no opportunity for an on site inspection of the land or buildings unless the bidder has permission from the owner.

5.30.080  The Sale.

A.  The Treasurer shall prepare rules governing the conduct of the sale. The rules shall be available at least 60 days prior to the sale.

B.  Each piece of property shall be sold separately. The sales price shall be the amount owing on the principle, interest, penalties, collection costs and sales costs .

C.  The interest charged during the redemption period shall be set by ordinance. The interest rate shall be set at a level which attracts bidders.

D.  The penalty charged during the redemption period shall be set by ordinance. It shall be set at a rate to encourage payment by delinquent property owners.

E.  In situations where there are two or more bids, the successful bidder shall be determined by lot.

F.  Property which is not sold may again be offered for sale. The steps in City code 5.30.060 D through City Code 5.30.115 shall be followed.

G.  In the event there is more than one bidder and the successful bidder fails to pay, the property shall be sold to the other bidder or in the event there were more than two bidders, the successful bidder shall be determined by lot.

5.30.085  Certificate of Sale and Notice of Sale to Property Owner.

A.  The Treasurer shall immediately deliver a certificate of sale to the purchaser. The certificate of sale is a right to own the property at the end of the redemption period. The holder of a certificate of sale has no ownership rights and no possessory interest in the property prior to the completion of the redemption period and holds the certificate of sale subject to the rights of all persons having an interest in the property to redeem it, the right of the City to place additional liens on the property and the right of another unit of government to foreclose upon the property. All liability remains with the persons having an interest in the property until a deed is given to the purchaser.

B.  The certificate of sale shall include the following information: a description of the delinquent account for which the property was sold, a description of the property, a statement of the amount for which it was sold, the interest rate and the amount of the penalty, the name of the purchaser, and a statement that the property is being sold subject to the right of redemption within one year from the date of sale.

C.  The Treasurer shall send to the property owner and all persons known to have an interest in the property a “Notice of the Sale” by certified mail, return receipt requested and by first class mail, within 10 working days after the sale. Notice shall be sent to any persons known to have acquired an interest in the property since initial notice was given unless a notice was recorded as provided by City Code 5.30.060 D in which case notice shall be optional. The notice shall contain the following information: the name of the purchaser, the right of redemption, the date the redemption period expires, the redemption price, and the basis for calculating interest and penalties during the redemption period.

D.  It shall be the responsibility of the purchaser to keep the purchaser’s current address on file with the Treasurer.

5.30.090  Lien Docket Entry.

A.  The Treasurer shall return to the Auditor the final foreclosure list with all collections and sales noted on it within three business days after the sale.

B.  The Auditor shall make the proper entries of the collections and sales in the appropriate lien docket.

5.30.095  Redemption.

A.  Any person having an interest in the property, or their legal representative, may redeem the property within one year from the date of sale. The one-year period is computed as follows. The date of the sale shall not be counted. The period shall begin to run the day after the sale. The last day of the one-year period shall be the 365th day at 5 p.m. unless it falls on a Saturday, Sunday or legal holiday in which event the period runs at 5 p.m. on the next working day. Purchasers have no redemption rights.

B.  Redemption shall be subject to the payment to the Treasurer of the amount of the property sale price, the interest to date, and the penalty to date. Property which has been sold at a foreclosure sale is not eligible for installment payments or a payment plan. Property may be redeemed only by payment in full.

C.  The Treasurer shall issue a receipt to the person redeeming the property and shall report the redemption to the Auditor. Redemption discharges the property from the effect of the sale.

D.  If redemption is made by a lien creditor, the amount paid for redemption shall thereafter be deemed a part of the judgment, decree, mortgage or tax lien and shall bear like interest and may be enforced and collected as a part thereof.

E.  Upon deposit of the sum in redemption, the Treasurer shall issue a check or warrant for the amount paid to the holder of the certificate of sale shown on the lien docket in the amount of the sales price plus interest.

F.  The amount of the penalty shall be deposited in the assessment collection fund.

5.30.100  Issuance of Deed.

A.  Upon expiration of the redemption period, the Treasurer shall execute a deed conveying the property sold. The deed conveys to the grantee the legal and equitable title in fee simple.

B.  The deed shall contain the following information: a description of the property, the date of sale, a statement of the amount of the delinquent account for which the property was sold, that the account was unpaid at the time of sale and that no redemption has been made.

C.  The deed conveys title in fee simple excepting only for the liens of the City which were not included in the foreclosure sale or other liens as provided by state law. The deed, however, does not guarantee clear title.

D.  The grantee shall be entitled to immediate possession upon delivery of the deed.

5.30.105  Waste, Improvements to the Property, Nuisance Abatement Procedures.

A.  The City shall not be responsible for damage to the property during the redemption period. The purchaser assumes all risk.

B.  Any improvements or maintenance to the property made by a purchaser during the redemption period shall be made by a contractual agreement with the owner. The contract shall specifically state the amount owing and the rate of interest, if any.

C.  In the event the property becomes a public nuisance, the City reserves the right to enforce its nuisance abatement code provisions which may result in additional assessments against the property and which may become the liability of the purchaser.

D.  The property may also become subject to special assessments.

5.30.110  Payment of Taxes.

Property subject to delinquent property taxes may be sold by the County at a sheriff’s sale. In the event the property is sold, the purchaser may lose all interest in the property. Any purchaser of property having delinquent property taxes may elect to pay the property taxes. There shall be no reimbursement from the City in the event of redemption by the property owner.

5.30.115  Sale of Property.

A.  Any property purchased by the City from the foreclosure list may be sold as directed by the Council by the Bureau of General Services in the manner provided by Charter or State law. The proceeds from the sale shall be used to reimburse the fund from which the property was purchased, any liens paid or other expenses incurred. Any remaining proceeds shall be placed in the assessment collection fund unless otherwise designated by Council.

B.  Except in situations where the purchaser agrees to accept a quit claim deed, the Treasurer shall purchase title insurance as a precondition of sale and shall pay the cost of the policy.

C.  In cases where the title report shows a defect in title, the defect shall be referred to the City Attorney. The City Attorney shall take the steps necessary to clear the title.

Chapter 5.31

COLLECTIONS & FORECLOSURE

PROCESS FOR DELINQUENT SEWER

SAFETY NET LIENS

(New Chapter substituted by

Ord. No. 165798, Sept. 2, 1992.)

Sections:

5.31.005  Purpose.

5.31.010  Definitions.

5.31.015  Applicability and Foreclosure Options.

5.31.020  Authorities and Responsibilities.

5.31.025  Collection Process.

5.31.027  Renegotiation of Installment Payment Contracts.

5.31.030  Preforeclosure Process and Review for Delinquent Tax Accounts.

5.31.035  Preparation of Preforeclosure List.

5.31.045  Review of Final Foreclosure List.

5.31.050  Council Action on Final Foreclosure List; Recording of Notice.

5.31.055  Notice to Persons on Final Foreclosure List of Foreclosure Action.

5.31.060  Purchase of Property by the City.

5.31.065  Payment of Lien and Presale and Sale Conditions.

5.31.070  The Sale.

5.31.075  Certificate of Sale and Notice to Property Owner.

5.31.080  Lien Docket Entry.

5.31.085  Redemption.

5.31.090  Issuance of Deed.

5.31.095  Waste, Improvements to the Property, Nuisance Abatement.

5.31.100  Payment of Taxes.

5.31.105  Sale of Property.

5.31.005  Purpose.

The purpose of this Chapter is to establish a process for the collection of delinquent assessment liens and for the foreclosure of liens on properties which have delinquent Safety Net Loan Program accounts. The emphasis of the collections program will be to maintain good communication with property owners. Persons having an interest in the property may bring the account current until the time of the sale. After the sale, any person redeeming the property must pay the account in full. This Chapter provides the authority for the City to recover its costs associated with the collection of delinquent accounts and establishes penalties and other incentives to encourage payment. Foreclosure is viewed as a last resort. It is the intent of the City to use foreclosure to protect the interests of the State of Oregon.

5.31.010  Definitions.

A.  As used in this Chapter only, the following terms shall mean:

1.  “Assessment lien” means a lien placed upon certain real property for its proportionate share of costs incurred in the construction of the sewer system or for the connection of the property to the sewer system.

2.  “Collection costs” means the costs associated with the collection of the assessment such as billing and rebilling charges.

3.  “Delinquent assessment lien” means an assessment installment payment which has not been paid within 30 days after the installment payment due date.

4.  “Department of Environmental Quality” means the State of Oregon, Department of Environmental Quality.

5.  “Foreclosure sale” means a legal process which allows the City to foreclose and to sell property to liquidate a delinquent lien.

6.  “Foreclosure sale list” means a list of properties with delinquent assessments which the City will see at a foreclosure sale.

7.  “Redemption period” means the one-year period during which a person with an interest in the property may redeem the property which has been sold at a foreclosure sale to satisfy a delinquent assessment.

8.  “Redemption price” means the sales price plus interest and penalties.

9.  “Sales costs” means costs associated with the sale including the cost of advertising, sale direct and indirect costs related to notification such as the cost of any reports required to determine the names of persons having an interest in the property or the status of the property, printing, postage, advertising, posting of the property, title insurance and staff salaries, benefits and overhead costs directly expended to complete the sale.

10.  “Sale price” means the amount owning on the principle, interest, penalties, collection costs and sales costs.

11.  “Sewer safety net participating property”: A property on which the assessment or connection charge has been funded by the City of Portland, Sewer Safety Net Loan Program.

5.31.015  Applicability and Foreclosure Options.

A.  The provisions of this Chapter apply to delinquent assessment liens on Sewer Safety Net participating properties. The provisions of this Chapter do not apply to delinquent bonded liens or delinquent open liens. The foreclosure procedures applicable to these types of liens are set forth in Chapter 5.30.

B.  The City shall not be limited to the foreclosure process in this Chapter. The City may elect to use a Judicial Foreclosure process or to sell the property as provided in the Charter, City Code or state law.

5.31.020  Authorities and Responsibilities.

A.  The Auditor shall maintain the records related to Sewer Safety Net assessment liens, bill and collect lien accounts, administer the preforeclosure collection process, prepare a preforeclosure list, and transmit the preforeclosure list to the City’s Bureau of Environmental Quality and the Commissioners for informal review and prepare a final foreclosure list for review by the Council. The Auditor shall also renegotiate loans, reduce amount of liens, terminate foreclosure proceedings or eliminate liens as directed by the Department of Environmental Quality.

B.  The Council shall review the final foreclosure list and adopt an ordinance which lists the properties subject to foreclosure and subject to purchase.

C.  The Treasurer shall administer the foreclosure sale process, purchase property identified by the Department of Environmental Quality and Council for purchase by the City, administer the redemption process and execute deeds conveying the property sold. There shall be at least one sale held annually.

D.  The Bureau of General Services shall manage, maintain, rent or market for sale properties purchased by the Treasurer for collection of delinquent assessments.

5.31.025  Collection Process.

A.  The Auditor shall establish a collections process and shall be authorized to:

1.  Establish in writing, rules and procedures to carry out provisions of this Section. Maintain a record of the rules and procedures and make the rules available to the public.

2.  Establish fees including a billing and rebilling fee to recover the cost of collecting the delinquent lien amount;

3.  Establish penalties and increases in the interest rate to encourage early payment of delinquent lien accounts; and

4.  Report delinquent lien accounts to a credit rating bureau to encourage payment if directed by the Department of Environmental Quality and the Council.

B.  The Auditor will notify the Bureau of Environmental Services when an account becomes 60 days past due. The collection process shall begin after the account becomes 90 days past due. The Bureau of Environmental Services may delay the collection process up to 12 months if it notifies in writing to the Auditor and the Department of Environmental Quality. Such notification will include the account number, the principal balance, the past due amount, and the extenuating circumstances that would justify a delay in the collection process. The collections process at a minimum shall include the following steps:

1.  The property owner and mortgage holder shall be notified of the delinquent assessment or connection charge for each of three months prior to the sale.

2.  The notice shall state that if the account is not brought current, the property will be sold at a foreclosure sale.

3.  The Department of Environmental Quality shall be given a copy of the foreclosure list at least three months before the sale.

C.  A one-time penalty equal to one-half of one percent (.005) of the principal balance shall be added to the amount due at the date any assessment or installment payment becomes delinquent. The penalty accumulates with each installment payment until the lien is brought current or paid in full.

D.  Interest shall be added to delinquent liens and shall be calculated daily based on the amount of the unpaid principal balance and the interest rate set by the installment contract.

E.  The Auditor may waive delinquent interest, penalties and charges if a delay in receiving payment is caused by an oversight, omission or error by City staff.

F.  The Auditor is authorized to void the installment payment provisions of a sewer safety net contract, as follows:

1.  After a sewer safety net assessment becomes delinquent and prior to the Auditor placing the property on the foreclosure list, the Auditor may void the installment payment provisions and require the property owner to renegotiate new installment payment arrangements.

2.  After a sewer safety net assessment becomes delinquent and the Auditor has placed the property on the foreclosure list, the Auditor shall void the installment payment provisions and require the property owner to renegotiate new installment payment arrangements.

5.31.027  Renegotiation of Installment Payment Contracts.

(Added by Ord. No. 167655, May 11, 1994.) When the Auditor declares the installment payment provisions of a sewer safety net contract void, the property owner may renegotiate new provisions to pay in installments the unbilled principal portion of the sewer safety net account. The Auditor shall offer new installment contract terms and conditions which protect the City’s financial condition and assure the repayment of the sewer safety net account. The Auditor shall set the interest rate on the renegotiated contract at a rate greater than or equal to the interest rate of the original installment payment contract. The renegotiated installment contract shall be in the same form as required by Chapter 17.12 of this Code for assessment installment payment contracts. The property owner or other interested party shall pay all delinquent assessment installments before the City will accept the renegotiated installment payment contract.

5.31.030  Preforeclosure Process and Review for Delinquent Tax Accounts.

A.  At the conclusion of the collection process, the Auditor shall prepare a list of delinquent lien accounts. No property shall be placed on the list unless the payment is at least one year past due. There shall be a sale at least once a year.

B.  The Auditor shall determine whether any properties on the delinquent accounts list are also delinquent in the payment of property taxes. The Auditor shall identify those properties which are likely to be foreclosed upon by the County prior to the City’s foreclosure sale .

C.  The Auditor shall review the list of properties to be foreclosed upon by the County and shall make a recommendation to the Bureau of Environmental Services and Department of Environmental Quality regarding any properties which should be purchased. The determination of whether to pay the taxes shall be based on whether the total amount of the liens and taxes on the property is less than the market value of the property or, if the property has been sold, whether the sale price received by the County was enough to pay the amount of the City liens upon resale. The Department of Environmental Quality by written letter shall direct the Treasurer on which properties shall be purchased by the City.

D.  The Treasurer shall remove from the County foreclosure list and notify the Auditor to add the total amount paid to the County to the lien against the property. The Treasurer shall pay the County from funds designated and provided by the Department of Environmental Quality.

5.31.035  Preparation of List.

A.  All delinquent properties satisfying the requirements of this Chapter shall be placed on the preforeclosure list, unless a delay in the collections process has been authorized pursuant to Section 5.31.025 B above.

B.  No property on the preforeclosure list shall be placed on the final foreclosure list until the following steps have been taken:

1.  The current property owners have been determined. The record shall state how the property ownership status was determined.

2.  The property owner has received at least two written delinquency notices within a three-month period prior to the sale. The notice shall be sent certified mail, return receipt requested and by first class mail. The notice shall identify the property, the amount owing (principal, interest, penalties, and collection costs) and state the costs of the sale that will be charged to the account. In addition, the notice shall identify the type of the delinquent lien account and the fact that the property will be placed on the foreclosure list unless the account is brought current. The record shall contain a copy of the notice and the returned receipts.

5.31.045  Review of Final Foreclosure List.

A.  The Auditor shall transmit a copy of the final foreclosure list to each Commissioner and to the Department of Environmental Quality for review. Any comments shall be transmitted to the Auditor within 15 working days from the date the Auditor sends the final foreclosure list to the Commissioners and Department.

B.  The Council shall:

1.  Review the final foreclosure list and shall make a report to the Auditor regarding whether each step in the preparation of the final foreclosure list, as set forth in City Code 5.31.025 B and 5.31.035 B has been applied correctly.

2.  Review the list of properties which have been on the final foreclosure list but for which no bids were received and make a recommendation on each property to the Department of Environmental Quality regarding how the property should be handled in order to liquidate the lien; and

3.  Transmit to the Auditor the instructions from the Department of Environmental Quality regarding how to handle each property which has been placed on the final foreclosure list but not sold.

C.  The Auditor shall:

1.  Prepare a report to the Council which identifies properties which have been deleted from the list based on the recommendations of the Commissioners;

2.  Transmit to the Council a list of properties which have twice been on final foreclosure lists and which have not sold together with the directions from the Department of Environmental Quality and Commissioners regarding how each property shall be handled; and

3.  Prepare a revised final foreclosure list for submission to the Council for Council action.

5.31.050  Council Action on Final Foreclosure List; Recording of Notice.

A.  The Council shall review the final foreclosure list and reports submitted by the Auditor to determine:

1.  Whether each step in the collection process as set forth in City Code 5.31.025 B and 5.31.035 B has been applied correctly; and

2.  The Council shall act by ordinance and shall identify for the Auditor and Treasurer which properties should be placed on the final foreclosure list and as directed by the Department of Environmental Quality and the Council which properties on the list should be purchased by the City in the event no bids are received on those properties, and the source of the funds to be used to purchase the property.

B.  The final foreclosure list shall be transmitted to the Treasurer by the Council Clerk. After list is submitted to the Treasurer, the only payment option is to bring the account current.

C.  The Treasurer shall record a Notice of Foreclosure and Sale for each property listed on the final foreclosure list in the County records in which the property is located before ordering a foreclosure report and before giving notice as required by City Code 5.30.065. The notice shall contain the ordinance number adopting the final foreclosure list; the address and legal description of the property, the time, date and place of the sale, the types and amounts of assessments and that the property will be sold unless the account is brought current and all interest, penalties, collection costs and sales costs to date are paid. It shall also state the name of the person and address and phone number where additional information is available.

D.  The Treasurer shall determine the names and addresses of all persons having an interest in the sale including lien holders and whether the property is part of a bankruptcy estate. This may be done by purchasing a report from a title company.

E.  Any property which is part of a bankruptcy estate shall be removed from the sale or the City Attorney should be requested to seek relief from the stay from the Bankruptcy Court.

5.31.055  Notice to Persons on Final Foreclosure List of Foreclosure Action.

A.  Individual notice.

1.  The Treasurer shall mail a “Notice of Foreclosure” to all persons having an interest in the property and to all persons requesting notice. It shall be sent at least 60 days prior to the sale by certified mail, return receipt requested.

2.  The notice shall state that a foreclosure sale will be held and it shall specify the date, time and place. It shall contain the following information: the names of the owners of the property, the legal description of the property, the street address, the amount of the delinquent account stating both the principal and interest due as well as any penalties and collection charges, the type of the delinquent account, and the name of the Treasurer. It shall also state that there shall be an additional charge.

3.  The Treasurer shall retain and file the returned mailing receipt.

B.  Newspaper notice.

1.  The Treasurer shall have printed in a daily newspaper of general circulation the notice of sale once a week for four successive weeks.

2.  The notice shall contain the information required in City Code 5.31.055 A 2.

3.  A copy of the first of the four published newspaper notices shall be sent to the owner and to the occupant by certified mail, return receipt requested and a copy of the notice shall be retained in the file.

C.  Posted notice.

1.  The Treasurer shall have notice posted on the property at least once, no less than four weeks before the sale. Proof of posting shall be maintained in the property foreclosure file.

2.  The notice shall contain the information required in City Code 5.31.055 A 2.

3.  The Treasurer shall prepare an affidavit of posting and a copy of the affidavit shall be retained in the file.

D.  Other notice.

1.  Notice shall be given to the Internal Revenue Service by certified mail, return receipt requested, at least 25 days prior to the sale.

5.31.060  Purchase of Property by the City.

A.  The City may purchase property on the final foreclosure list for City properties before, during or after the sale subject to the following conditions:

1.  The Department of Environmental Quality and the Council have directed the purchase of the property in the ordinance adopted under City Code 5.31.050 B, and the money has been transferred to the proper assessment fund;

2.  In the case of property purchased before the sale, any person having an interest in the property is given an opportunity to bring the account current and pay the collection and sales costs, and thereby remove the property from the list as provided by City Code 5.31.065 A; and

3.  Any person having an interest in the property may redeem the property as provided by City Code 5.31.085.

5.31.065  Payment of Lien and Presale and Sale Conditions.

(Amended by Ord. No. 167655, May 11, 1994.)

A.  A person with an interest in the property may remove the property from the foreclosure list by paying the amount of the delinquent assessment with penalties, interest, collection costs and sales costs incurred to date any time prior to the sale. In addition, in the case of installment payments, the Auditor shall void the installment provision of the sewer safety net contracts and require the property owner or interested person to renegotiate new installment payment arrangements as provided the this Chapter. Payment plans as provided by PCC 5.30.035 may not be initiated as a means to bring the account current. If requested, notice that the property has been removed from the sale, shall be recorded in the County records in which the property is located.

B.  A bidder purchases the property “as is.” There shall be no opportunity for an on site inspection of the land or buildings unless the bidder has permission from the owner.

5.31.070  The Sale.

A.  The Treasurer shall prepare rules governing the conduct of the sale. The rules shall be available at least 60 days prior to the sale.

B.  Each piece of property shall be sold separately . The sales price shall be the amount owing on the principle, interest, penalties, collections costs and sales.

C.  The interest charged during the redemption period shall be set by ordinance. The interest rate shall be set at a level which attracts bidders, but shall be equal to or greater than the interest rate established for the Sewer Safety Net loans.

D.  The penalty charged during the redemption period shall be set by ordinance. It shall be set at a rate to encourage payment by delinquent property owners.

E.  In situations where there are two or more bids, the successful bidder shall be determined by lot.

F.  Property which is not sold may again be offered for sale. The steps in City Code 5.31.050 (D) through City Code 5.31.105 shall be followed.

G.  In the event there is more than one bidder and the successful bidder fails to pay, the property shall be sold to the other bidder or in the event there were more than two bidders, the successful bidder shall be determined by lot.

5.31.075  Certificate of Sale and Notice of Sale to Property Owner.

A.  The Treasurer shall immediately deliver a certificate of sale to the purchaser. The certificate of sale is a right to own the property at the end of the redemption period. The holder of a certificate of sale has no ownership rights and no possessory interest in the property prior to the completion of the redemption period and holds the certificate of sale subject to the rights of all persons having an interest in the property to redeem it, the City to place additional liens on the property and the right of the right of another unit of government to foreclose upon the property. All liability remains with the persons having an interest in the property until a deed is given to the purchaser.

B.  The certificate of sale shall include the following information: a description of the delinquent account for which the property was sold, a description of the property, a statement of the amount for which it was sold, the interest rate and the amount of the penalty, the name of the purchaser, and a statement that the property is being sold subject to the right of redemption within one year from the date of sale.

C.  The Treasurer shall send to the property owner and all persons known to have an interest in the property a “Notice of the Sale” by certified mail, return receipt requested and by first class mail, within 10 working days after the sale. Notice shall be sent to any persons known to have acquired an interest in the property since initial notice was given unless a notice was recorded. The notice shall contain the following information: the name of the purchaser, the right of redemption, the date the redemption period expires, the redemption price, and the basis for calculating interest and penalties during the redemption period.

D.  It shall be the responsibility of the purchaser to keep the purchaser’s current address on file with the Treasurer.

5.31.080  Lien Docket Entry.

A.  The Treasurer shall return to the Auditor the final foreclosure list with all collections and sales noted on it within three business days after the sale.

B.  The Auditor shall make the proper entries of the collections and sales in the appropriate lien docket.

5.31.085  Redemption.

A.  Any person having an interest in the property, or their legal representative, may redeem the property within one year from the date of sale. The one-year period is computed as follows. The date of the sale shall not be counted. The period shall begin to run the day after the sale. The last day of the one-year period shall be the 365th day at 5 p.m. on the next working day. Purchasers have no redemption rights.

B.  Redemption shall be subject to the payment to the Treasurer of the amount of the property sale price , the interest to date and the penalty to date. Property which has been sold at a foreclosure sale is not eligible for installment payments. Property may be redeemed only by payment in full.

C.  The Treasurer shall issue a receipt to the person redeeming the property and shall report the redemption to the Auditor. Redemption discharges the property from the effect of the sale.

D.  If redemption is made by a lien creditor, the amount paid for redemption shall thereafter be deemed a part of the judgment, decree, mortgage or tax lien and shall bear like interest and may be enforced and collected as a part thereof.

E.  Upon deposit of the sum in redemption, the Treasurer shall issue a check or warrant for the amount paid to the holder of the certificate of sale shown o the lien docket for the amount of the delinquent account, costs and interest.

5.31.090  Issuance of Deed.

A.  Upon expiration of the redemption period, the Treasurer shall execute a deed conveying the property sold. The deed conveys to the grantee the legal and equitable title in fee simple.

B.  The deed shall contain the following information: a description of the property, the date of sale, a statement of the amount of the delinquent account for which the property was sold, that the account was unpaid at the time of sale and that no redemption has been made.

C.  The deed conveys title in fee simple excepting only for the liens of the City which were not included in the foreclosure sale or other liens as provided by state law. The deed, however, does not guarantee clear title.

D.  The grantee shall be entitled to immediate possession upon delivery of the deed.

5.31.095  Waste, Improvements to the Property, Nuisance Abatement Procedures.

A.  The City shall not be responsible for damage to the property during the redemption period. The purchaser assumes all risk.

B.  Any improvements or maintenance to the property made by a purchaser during the redemption period shall be made by a contractual agreement with the owner. The contract shall specifically state the amount owing and the rate of interest, if any.

C.  In the event the property becomes a public nuisance, the City reserves the right to enforce its nuisance abatement code provisions which may result in additional assessments against the property and which may become the liability of the purchaser.

D.  The property may also become subject to special assessments.

5.31.100  Payment of Taxes.

A.  Property subject to delinquent property taxes may be sold by the County at a sheriff’s sale. In the event the property is sold, the purchaser may lose all interest in the property. Any purchaser of property having delinquent property taxes may elect to pay the property taxes. There shall be no reimbursement from the City in the event of redemption by the property owner.

5.31.105  Sale of Property.

A.  Any property purchases by the City from the foreclosure list may be sold as directed by the Council by the Bureau of General Services in the manner provided by the Charter or state law. The proceeds from the sale shall be used to reimburse the fund from which the property was purchased, any liens paid or other expenses incurred. Any remaining proceeds shall be placed in the Assessment Referral Account unless otherwise designated by Council.

B.  Except in situations where the purchaser agrees to accept a quit claim deed, the Treasurer shall purchase title insurance as a precondition of sale and shall pay the cost of the policy.

C.  In cases where the title report shows a defect in title, the defect shall be referred to the City Attorney. The City Attorney shall take the steps necessary to clear the title.

Chapter 5.32

PURCHASING AGENT

AND PROCEDURES

Sections:

5.32.010  Jurisdiction of City Purchasing Agent.

5.32.020  Authority and Duties of Purchasing Agent.

5.32.030  Emergency Purchases.

5.32.040  Procedure for Obtaining Goods and Services Through Purchasing Agent.

5.32.050  Purchasing when Advertising for Bids and Written Contract Required.

5.32.060  Deposits for Plans and Specifications.

5.32.070  Park Concessions.

5.32.080  Advance Payment of Rentals.

5.32.100  Purchasing from Other Units of Government Authorized.

5.32.110  Sales.

5.32.120  Joint Bidding and Purchases.

5.32.130  Council as Public Contract Review Board.

5.32.140  Contractor’s Compliance for Workers’ Compensation.

5.32.150  Purchasing from City Employees.

5.32.160  Purchase of Recycled Paper.

5.32.010  Jurisdiction of City Purchasing Agent.

(Amended by Ord. No. 137483, 150708, and 155018; Aug. 25, 1983.) The City Purchasing Agent shall, except in case of emergencies, purchase all supplies, materials, equipment, labor and contractual services including revenue producing services and other personal services not covered by Chapter 5.68 of this Code for the City, provided that he shall have no jurisdiction with respect to: contracts for the performance of professional, technical or expert services; or transfers and investments of City funds. In purchasing contractual services including revenue producing services or other personal services not covered by Chapter 5.68 of this Code, the Purchasing Agent shall follow competitive bidding procedures. The City Purchasing Agent, at the request of any Commissioner or the Auditor and with the exceptions of capital improvements items, is authorized to advertise for bids for purchase of all supplies, materials, equipment, labor and contractual services for the City in excess of $20,000, such amount to be adjusted annually based on the average inflation rate for the Portland Metropolitan Area, as determined from the U.S. Department of Labor Statistics as certified by the City Auditor without specific Council authorization when such purchase is included within the current fiscal budget.

5.32.020  Authority and Duties of Purchasing Agent.

(Amended by Ordinance No. 135179 and 155018, Aug. 25, 1983.) The authority and duties of the City Purchasing Agent shall include but are not limited to the following, subject to the approval of the Commissioner In Charge:

A.  Prescribe rules and regulations which may be necessary to give force and effect to the provisions of this Chapter.

B.  Receive requisitions from various City departments and bureaus, and, for each purchase not required by the Charter to be advertised for bid, select the method of purchasing and the vendor that will in his or her opinion serve the best interest of the City.

C.  Issue orders for the delivery of items purchased.

D.  Prescribe standard forms and procedures to be used in purchasing and prescribe such other forms and procedures as may be necessary in carrying out his or her duties;

E.  Prescribe dates for submitting requisitions or estimates of requirements, the period which they are to cover, the form in which they shall be submitted and the manner of the authentication.

F.  Prescribe the manner in which purchases shall be delivered, inspected, tested, stored and distributed.

G.  Authorize any department or bureau to make purchases in the open market for immediate delivery in emergencies.

H.  Make plans or samples available for examination when specifications require submission of bids in accordance with plans or samples. Such plans or samples shall be kept until the last delivery has been accepted.

I.  Require a deposit for plans and specifications of value to the City which are issued to prospective bidders.

J.  Maintain a list of names of persons and firms of good reputation who are prepared to furnish various kinds of goods or services, and maintain a record of previous purchases, current prices, trade or cash discounts and other data which will enable him to judge the reasonableness of prices contained in bids submitted by dealers.

K.  Maintain on a bulletin board in his or her office a current list showing items to be purchased on a contract basis and the time when bids will be opened.

L.  Operate a stationery and office supply store and a municipal store on a rotary basis to see at cost to the various departments and bureaus and other City stores appropriate items which can be purchased advantageously in quantity within the limits of appropriation fixed by the Council.

M.  Require reports of surplus, obsolete and unusable supplies on hand from the various departments and bureaus. Items suitable for reissue shall be returned to stock. Items not suitable for reissue shall be disposed of in the manner which will be of the greatest benefit to the City, as determined by the Purchasing Agent and the Property Control Director.

N.  Conduct auctions and receive bids for disposal of personal property which is to be sold by the City, and promptly account for property sold and money received therefore.

O.  Recommend to the City Council the acceptance of bids on contract purchases.

P.  Extend the bid opening date to a date certain with the approval of the Commissioner In Charge of the originating bureau without Council approval.

5.32.030  Emergency Purchases.

In case of emergency, the Purchasing Agent may authorize any using agency to purchase directly any supplies, materials, equipment, labor or contractual services when immediate procurement is essential to prevent delay in the work or extra expense to the using agency, provided that such purchase shall be limited to the amount authorized for open market purchases. The head of such using agency shall promptly send to the Purchasing Agent a confirming requisition. If it is necessary to make an emergency purchase without the consent of the Purchasing Agent, a full written explanation of the circumstances of the emergency shall accompany the confirming requisition which explanation shall be filed by the City Purchasing Agent as a public record of the purchase. The Purchasing Agent shall issue rules or regulations to prescribe the procedure under which such emergency purchases may be made. A copy of each confirming requisition must be present to the Purchasing Agent not later than 5:00 p.m. of the next work day following transaction.

In case of emergency requiring expenditure in excess of the amount authorized for open market purchase, the procedure shall be as above except that the consent of the Commissioner-In-Charge of the department or bureau in need shall be required. Such purchase shall be made under the direction of the Purchasing Agent when possible. A full written explanation of the circumstances of the emergency shall accompany the conforming requisition, which must be sent to the Purchasing Agent. The explanation shall be forwarded to the Auditor with the requisition to be filed as the public record of the purchase. The Commissioner authorizing such emergency purchase shall submit a report of the purchase to the Council at its next regular session for official approval by ordinance. The ordinance number shall be recorded upon the records of such emergency transaction on the file in the office of the Purchasing Agent.

5.32.040  Procedure for Obtaining Goods and Services through Purchasing Agent.

(Amended by Ord. No. 155018, Aug. 15, 1983.) Purchases over which the Purchasing Agent has jurisdiction shall be in accordance with procedures in the Purchasing Manual adopted by the Council, except that the Purchasing Agent may make nonsubstantive changes in the Purchasing Manual without Council approval.

5.32.050  Purchasing When Advertising for Bids and Written Contract Required.

(Added by Ord. No. 138429, amended by 141164 and 166603, effective June 9, 1993.)

A.  When purchases are to be made which require advertising for bids and a written contract pursuant to sections 8-104 and 8-105 of the Charter, the Purchasing Agent hereby Is authorized to advertise for bids using specifications approved by the Commissioner In Charge if appropriation is available. Upon obtaining a satisfactory bid or bids a report shall be prepared for Council consideration which designates the most advantageous bid; subsequent to the report, an ordinance shall be presented to Council authorizing a contract with the successful bidder.

B.  If no satisfactory bids are received, the Purchasing Agent may readvertise until satisfactory bids are received. The Purchasing Agent may issue addenda to the adopted specifications or the specifications submitted by the bureau.

C.  The Council may reject any and/or all bids in whole or in part.

D.  Each bureau initiating a purchase under this Section shall prepare the technical specifications. The specifications, together with a statement containing the appropriation to be charged, the budget authority and amount shall be forwarded to the Commissioner In Charge for the bureau for approval and then sent to the Purchasing Agent.

5.32.060  Deposits for Plans and Specifications.

Whenever the Purchasing Agent shall advertise for work to be done for the City which involves the issuance of plans and specifications of value to the City, he is authorized by Section 5.32.020 (9) to require a deposit from any person securing such plans in order to insure that they will be returned within a specified time and in good condition. The Purchasing Agent shall fix the amount of deposit to be required and the time for the return of the plans and specifications. The Purchasing Agent shall maintain a suitable record of checks received to be held by him pending either return of such plans and specifications or forfeiture of the deposit. Currency offered as a deposit shall be paid to the City Treasurer by the prospective bidder and shall be held in the Trustee Fund pending order by the Purchasing Agent for forfeiture or refund.

5.32.070  Park Concessions.

(Amended by Ord. No. 161118 and 165055, Feb. 5, 1992.)

A.  Except as provided in subsection B of this Section, the Commissioner In Charge of the Bureau of Parks and Recreation is authorized to grant concessions in the parks of the City for the sale of refreshments and notions and for the performance of public service, upon such terms and conditions as the Commissioner In Charge may deem to be in the public interest; provided, that such grants shall be made to the highest responsible bidder after the Purchasing Agent has solicited bids in the regular manner; provided further, that if, when the Purchasing Agent advertises for bids, there is no acceptable bid received for a concession, that concession maybe granted by permit by the Superintendent of Parks, upon such terms and conditions as the Superintendent deems to be in the public interest. The Council may renew any concession contract, and the Superintendent may renew any concession permit, upon request of the concessionaire without calling for bids for a term not to exceed the term of the contract or permit renewed.

B.  Notwithstanding the provisions of subsection A of this Section, concessions at the City’s golf courses may be awarded in the following manner:

1.  The Bureau of Purchases and Stores shall advertise for proposals for golf concessions contracts in accordance with specifications authorized by the Superintendent of Parks. All proposals will be reviewed by a selection advisory committee appointed by the Superintendent of Parks. The Bureau of Parks and Recreation shall screen qualifications and proposals, and, through a final interview process, shall recommend the most advantageous proposal to the Superintendent of Parks, who may recommend the same to the Commissioner In Charge.

2.  The Commissioner In Charge of the Bureau of Parks and Recreation is authorized to grant concessions for periods of up to five years at the golf courses owned by the City, for food service operation, merchandise sales, cart rentals, golf instruction and other functions normal to clubhouse operations and for performance of public service, upon such terms and conditions as the Commissioner In Charge deems to be in the public interest, subject to the approval by the Council of the respective concession contracts. The Council may renew any golf concession contract upon request of the concessionaire and upon the recommendation of the Commissioner In Charge of the Bureau of Parks and Recreation, without calling for bids, for a term not to exceed the term of the contract renewed.

5.32.080  Advance Payment of Rentals.

(Amended by Ordinance No. 173369, effective May 12, 1999.) In cases where building space has been or shall be rented by the City on lease or on a monthly basis without a lease and the owner requires advance payment of rental, the Auditor hereby is authorized to audit and allow such advance payment, and the Mayor and Auditor are hereby authorized to sign and deliver checks in payment thereof, provided that such advance payments shall be for a period of not to exceed 31 days.

5.32.100  Purchasing from Other Units of Government Authorized.

The City Purchasing Agent may acquire materials and supplies required for City use from any other unit or Subdivision of government willing to sell the same, as though purchased from a private business.

5.32.110  Sales.

The Purchasing Agent, the Auditor and each Commissioner, as to materials and supplies controlled by bureaus within such departments, may sell materials and supplies not immediately needed for City use to another unit or Subdivision of government and prices therefor shall be fixed in the same manner as charges between City departments.

5.32.120  Joint Bidding and Purchases.

The City Purchasing Agent may advertise and receive proposals on behalf of the City and any other unit or Subdivision of government for joint purchases, when specifications have been approved and appropriate arrangements have been made for apportioning or exchanging costs of such purchasing.

5.32.130  Council As Public Contract Review Board.

(Added by Ord. No. 141104, 150921, 155383; Dec. 8, 1983.)

A.  The Council is designated and created as the Public Contract Review Board for the City with respect to all contracts of the City, pursuant to Chapter 771, Oregon Laws 1975. The Council shall exercise all the powers conferred upon it by State law, except as those powers may be limited by the Charter. Those contracts which are exempted from the requirements of formal competitive bidding are those exempt from that requirement under the Charter and other provisions of the Code.

Ordinances and resolutions of the City Council governing the award of contracts shall be deemed the rules of the City Council sitting as the Local Contract Review Board and the procedures governing City Council adoption of ordinances and resolutions shall be deemed the procedures governing the City Council as Local Contract Review Board in adoption of rules.

B.  Pursuant to ORS 279.041, the City of Portland contractor’s prequalification application, three copies of which are on file with the Auditor, is adopted as the form to be submitted by prospective bidders for projects requiring prequalification by the City of Portland.

1.  Contractor’s prequalification applications shall be made available to prospective bidders, upon request, by the City Engineer and/or the City Purchasing Agent.

2.  Contractor’s prequalification applications prepared by the State of Oregon will be accepted by the City of Portland if the classes of work are identical or if additional information which meets the City of Portland classes of work criteria is submitted with the State of Oregon form.

5.32.140  Contractor’s Compliance for Workers’ Compensation.

(Added by Ord. No. 150713; Nov. 6, 1980.)

A.  Except for the purchase of supplies, materials, goods and equipment which does not involve the performance of any services, prior to any authorized performance under any contract, the contractor must have on file with the Purchasing Agent or the Auditor certificates establishing the contractor has qualified;

1.  As a direct responsibility employer as provided pursuant to ORS 656.407; or

2.  As a contributing employer as provided by ORS 656.411.

B.  If the person to whom the contract is let is to perform the work without the assistance of others, a joint declaration between such person and the City, in form approved by the City Attorney, will be required prior to any performance under the contract. The Purchasing Agent or the Auditor is hereby authorized to sign such declaration on behalf of the City.

5.32.150  Purchasing from City Employees.

(Added by Ord. No. 154701; June 16, 1983.)

A.  The City Purchasing Agent shall not purchase any supplies, materials, equipment, labor or services, including personal, professional, technical, and expert services, from any City employee, or any business with which a City employee is associated, except when expressly authorized by ordinance or during an emergency under Chapter 15.08 of this Code if approved in writing by the Mayor or the person performing the Mayor’s duties under that Chapter:

B.  For purposes of this Section:

1.  Business with which a City employee is associated means any business of which the City employee is a director, officer, owner or employee, or any corporation in which the City employee owns or has owned 10 percent or more of any class of stock at any point in the preceding calendar year.

2.  Any part-time temporary employee who is paid through the City payroll system as a service to or for the convenience of a promoter or outside employer shall be exempted from the prohibition of this Section.

5.32.160  Purchase of Recycled Paper.

(Added by Ord. No. 161521, effective Jan. 27, 1989.)

A.  The City of Portland will use recycled paper when practicable. The City will grant a 5 percent price preference for recycled paper on all paper products.

B.  Recycled paper means paper that has a content of at least 50 percent recycled fibers or the maximum amount practicable. Four criteria will be applied in determining maximum amount practicable: (1) performance in accordance with applicable specifications; (2) availability at a reasonable price; (3) availability within a reasonable period of time; and (4) maintenance of satisfactory level of competition.

Chapter 5.36

PROPERTY CONTROL

Sections:

5.36.001  Policy.

5.36.010  Surplus Personal Property.

5.36.011  Donations of Surplus Personal Property.

5.36.015  Disposition of Unclaimed Property.

5.36.020  Sale of Buildings for Removal from City Property.

5.25.025  Purchase and Resale by the City of Tax-Foreclosed Property.

5.36.030  Loans of Personal Property Owned by City.

5.36.035  Lost or Stolen City Property.

5.36.040  Parking Meter Fund Equipment.

5.36.050  Use of City Automobiles for Transporting Firing Squads.

5.36.060  Use of Water Bureau Property by Bureau of Shops.

5.36.070  Equipment Pool Rotary Account.

5.36.080  Zoological Specimens.

5.36.090  Gifts and Loans of Property.

5.36.100  Use of City Property for Elections.

5.36.110  Use of City Property for Air Quality Measuring Stations.

5.36.115  Designation of “Persons In Charge.”

5.36.001  Policy.

(Added by Ord. No. 167825, June 22, 1994.)

A.  It is the policy of the City to dispose of surplus and unclaimed tangible personal property in the most efficient and cost-effective manner possible. the City Council has determined that the public interest may best be served by utilizing a contractor to dispose of surplus and unclaimed property for the City. The Bureau of Police shall be the City bureau designated to administer the contract for disposition of surplus and unclaimed property.

5.36.010  Surplus Personal Property.

(Amended by Ord. No. 155018 and 167825; June 22, 1994.)

A.  Usable Property: Whenever a bureau director determines that tangible personal property in the bureau under his or her control is surplus to the needs of the bureau, he or she shall transfer the surplus personal property to the City’s surplus property disposal contractor. Any and all revenue received from sale of surplus property by the City’s surplus property disposal contractor shall be credited to the bureau from which the property originated.

B.  Transfers: A bureau director may transfer surplus property under his or her control to any bureau of the City upon written request from the director of any other bureau. The value of transferred property shall be determined by the bureau director involved in the transfer.

C.  Unusable Property: A bureau director may dispose of surplus property under his or her control, in any manner deemed appropriate in his or her discretion if the bureau director determines that the surplus property is unusable, inoperable and not reasonably repairable, hazardous, or, the value of the property if sold will be insufficient to cover the costs of transfer of the surplus property to the City’s surplus property disposal contractor

D.  Personal property of historical value: Personal property of historical value owned by the City shall be disposed of only upon authorization by City Council.

E.  Vehicles and communications equipment: City-owned vehicles and vehicular equipment and communications equipment are exempt from the requirements of this Section. If a bureau director determines that city-owned vehicles or vehicular equipment or communications equipment under his or her control are surplus, the bureau director shall report his surplus to the Director of the Bureau of General Services who shall dispose of the vehicles, vehicular equipment and communications equipment in the manner determined by the Director of the Bureau of General Services to be the most efficient and cost-effective, including: competitive written bid in accordance with ORS 279.025; public auction; negotiated sale; or, exchange. Any and all revenue, less costs of sale, received from the sale of City-owned vehicles or vehicular equipment and communications equipment shall be credited to the replacement account for the originating bureau.

F.  Firearms and narcotics are exempt from the provisions of this Chapter and shall be disposed of as otherwise provided by this Code or City policy or procedure.

5.36.011  Donations of Surplus Personal Property.

(Added by Ord. No. 167825, June 22, 1994.)

A.  Policy: The City receives requests for donations of surplus personal property to various organizations, agencies and individuals. Historically, the City has limited donations of surplus personal property since revenues from surplus personal property were returned to the City. However, the City has determined that to further City policy and goals, it may be in the public interest to donate surplus personal property to appropriate recipients upon their written request.

B.  Upon written request, the City may donate surplus tangible personal property to other public agencies; to recognized private non-profit organizations; or, to individuals, subject to the following conditions:

1.  If the property has a current market value of $2,500 or less, the Commission In Charge of the bureau which controls the property determines and documents that:

a.  The property is not needed by the City but may be used for other public purposes by the recipient; and

b.  Donation of the property is in the public interest. Public interest is defined as benefitting the public in the areas of social, educational, cultural and health activities.

2.  If the property has a current market value of more than $2,500, the City Council determines and documents that:

a.  The property is not needed by the City but may be used for other public purposes by the recipient; and,

b.  Donation of the property is in the public interest. Public interest is defined as benefitting the public in the areas of social, educational, cultural and health activities.

C.  The following types of surplus property may not be donated:

1.  Contraband.

2.  Firearms.

3.  Intangibles.

4.  Hazardous items.

5.  Items of historical significance, regardless of market value, unless approved by City Council.

6.  Any other item deemed inappropriate for donation by the Commissioner In Charge of the bureau which controls the property.

D.  The City shall provide the recipient of donated property with appropriate documentation transferring ownership of the property to the recipient. The recipient shall agree to hold harmless, defend and indemnify the City of Portland, its officers, agents and employees from any claims, demands, actions and suits (including attorney fees) arising from donation of the surplus property.

E.  The Commissioner In Charge shall prepare and file with the City Auditor an annual report of all items donated by bureaus under his or her control during each fiscal year. The report shall contain:

1.  A statement of the public purpose of the donation; and,

2.  The name of the recipient of the surplus property; and,

3.  The originating bureau; and,

4.  A description of the surplus property donated; and,

5.  The estimated market value of the surplus property at the time of donation.

5.36.015  Disposition of Unclaimed and Found Personal Property.

(Added by Ord. No. 153293 and 167825; June 22, 1994.)

A.  Unclaimed Property: Unless directed otherwise by State law or a specific provision of this Code, all tangible personal property not owned by the City, that is under the control of a bureau and not reclaimed after notice has been sent, by the bureau in possession, to all parties who reasonably appear to have an interest in such property, of their right to claim such property within a specified period of time, shall become the property of the City, designated as surplus property, and, shall be disposed of as provided by this Chapter.

B.  Found Property: All tangible personal property not owned by the City that is found by a bureau member and turned into the bureau, shall not become the property of the City until the requirements of the state law regarding the rights and duties of finders and owners of lost property are satisfied. After the requirements of State law are satisfied, found property shall be retained by the bureau which found it if the property is usable by the bureau. If the property is not usable by the bureau which found it, the bureau shall dispose of the property as surplus property as provided by this Chapter.

5.36.020  Sale of Buildings for Removal from City Property.

Whenever a Commissioner determines that a building or other structure assigned to a bureau under his control must be removed, he may authorize the Purchasing Agent to sell such building or other structure for removal by the purchaser. The Purchasing Agent shall use the method of sale which he finds most in the public interest. The Purchasing Agent shall specify terms and conditions of sale, except that such terms shall not include credit, and he shall fix the amount of bond or cash deposit to be given by the purchaser to guarantee removal of the building or structure and clearance of debris from the premises.

5.36.025  Purchase and Resale by the City of Tax-Foreclosed Property.

(Added by Ord. No. 162023, effective June 15, 1989.)

A.  The provisions of this Section apply to property which meets each of the following conditions:

1.  Property that has outstanding City liens;

2.  Property that has been foreclosed by a county for collection of delinquent taxes; and

3.  Property that has been purchased by a bidder at a county sheriff’s sale.

B.  The Bureau of General Services may purchase and sell property described in 5.35.025(a) without public notice or sale provided:

1.  The Council adopts an ordinance authorizing the Bureau of General Services to purchase property. The ordinance shall include a legal property description; the total amount of outstanding taxes and costs; the total amount of outstanding city liens, accrued interest, penalties and costs; and the source of funds to be used to purchase the property;

2.  Property will be sold to the successful bidder at a county sheriff’s sale; and

3.  The Council adopts an ordinance authorizing the property sale and setting forth sale terms. The ordinance shall include the name and address of the successful bidder at the county sheriff’s sale and the terms of the City sale. The Council may adopt sale terms and provisions as a part of the ordinance authorizing the purchase of property.

C.  Sale contracts and other legal documents related to the sale shall be reviewed and approved by the City Attorney prior to the sale. Upon approval as to form by the City Attorney, the Mayor and City Auditor shall be authorized to sign a deed transferring title to the property.

D.  Proceeds from the sale shall be deposited in the City fund which incurred the expense of purchasing the property from the county unless otherwise directed by the Council in the ordinance authorizing the purchase and sale of the property.

E.  The Bureau of General Services is authorized to adopt administrative rules and procedures necessary to carry out the provisions of this Section.

5.36.030  Loans of Personal Property Owned by the City.

Each Commissioner and each officer or employee of the City is and shall be hereby prohibited from loaning any personal property owned by the City to any other person either gratuitously or for a consideration, without the consent of the Council expressed by ordinance. However, in the event of extraordinary circumstances involving hazard to the general public occasioned by fire, flood, earthquake, or other public disaster, the Commissioner of any department may permit equipment in his department to be used without the consent of the Council during such extraordinary circumstances upon the written order of the Commissioner; provided that the Chief of the Bureau of Fire may lend or rent to the owner or operator of property damaged by fire, flood, earthquake or other public disaster such equipment of the Bureau of Fire as may be temporarily needed to prevent further damage to such property, and such owner or operator so borrowing or renting such equipment, shall agree with the City:

A.  To hold the City, its officers, agents and employees harmless for any loss or damage caused to the person or property of third persons while such equipment is in the possession of such owner or operator;

B.  To waive any claim for damage to the person or property of such owner or operator arising in whole or in part from the use of such equipment; and

C.  To return such equipment to the Bureau of Fire in as good condition as when received, reasonable wear and tear excepted. Such agreement shall be in writing on forms approved by the City Attorney and shall be filed with the Auditor of the City. Any rentals collected by the Bureau of Fire under such agreements shall be transmitted by the Bureau of Fire to the City Treasurer within 24 hours after receipt by the Bureau, the rentals to be credited to the General Fund.

5.36.035  Lost or Stolen City Property.

(Added by Ord. No. 151849; June 25, 1981.)

A.  Any City employee charged with the care or having custody of any City property which is lost or stolen shall immediately, upon discovery that such property has been lost or stolen, report such loss or theft in writing to his bureau or division head. The bureau or division head shall upon receipt of such report, immediately notify the Accounting Division in writing of such loss or theft. The Accounting Division shall make such investigation and report and recommendation as may be deemed appropriate.

5.36.040  Parking Meter Fund Equipment.

All vehicles, equipment, and other things heretofore purchased or which may be purchased in the future from the Parking Meter Fund for the use of any bureau having service to perform in connection therewith, are and shall be assigned to the bureau where used. They shall be inventoried in connection with and as a part of the vehicles, articles, and equipment of such bureau.

5.36.050  Use of City Automobiles for Transporting Firing Squads.

The Commissioner In Charge of any bureau or department having an automobile available shall have the authority to make use of the same in transporting firing squads for veteran’s funerals.

5.36.060  Use of Water Bureau Property by Bureau of Shops.

The Bureau of Shops shall have the use of the following described property owned by the Bureau of Water:

Lots 1, 2, 3, 4, 10, 11, and the west 40.92 feet of Lot 14; also that portion of Lot 5 lying west of a line drawn from the southeast corner to the northwest corner of said Lot 5; also a portion of Woodward Avenue now vacated, more particularly described as follows:

Beginning at a point in the north line of Lot 14, Water Bureau Addition, said point being north 73 degrees 35’45” west a distance of 26.19 feet from the southeast corner of said Lot 5; thence north 73 degrees 35’45” west 29.91 feet; thence south 89 degrees 44’30” west 92.29 feet to the northwest corner of Lot 10; thence north 0 degrees 15’30” west 50 feet to the southwest corner of Lot 4; thence north 89 degrees 44’30” east 80 feet to the southeast corner of Lot 4; thence south 73 degrees 35’45” east 40 feet to the southeast corner of Lot 5; thence to the point of beginning, all in Water Bureau Addition, in the City of Portland, Multnomah County, State of Oregon, according to the duly recorded plat thereof on file in the office of the clerk of said county and state.

The General Fund shall pay to the Bureau of Water the sum of $1 per year for the use of such property and the Bureau of Shops shall have the right to construct a building on such real property and maintain the same.

5.36.070  Equipment Pool Rotary Account.

The rotary account in the Department of Public Works known as the Equipment Pool Rotary Account (7040) shall be charged with all operation and maintenance expenditures including personal services on repairs for the equipment used primarily by the Bureau of Design, Survey and Drafting, Bureau of Maintenance, Bureau of Construction and the Bureau of City Engineer and shall be credited with all rental charges for equipment.

5.36.080  Zoological Specimens.

The Director of the City Zoo be, and he hereby is, invested with the authority to accept for and on behalf of the City such gifts and donations of zoological specimens hereafter tendered as in his judgment will be beneficial to the Zoo and of interest to the public; all such gifts and donations and the acceptance thereof to be in writing, signed by the giver or donor and by the Director of the Zoo, substantially as shown in Exhibit “A” hereto attached and by reference made a part hereof. The past actions of the Director as respects the authority herein given, are hereby ratified and adopted.

 Exhibit “A”

 PORTLAND ZOOLOGICAL PARK

 Zoological Specimen Release

IN CONSIDERATION OF THE CITY’S ACCEPTANCE OF THE SPECIMEN HEREIN DESCRIBED, I HEREBY GIVE AND DONATE TO THE CITY OF PORTLAND, FOR THE PURPOSES OF THE MUNICIPAL ZOO, THE FOLLOWING ANIMAL:

Species. . . . . . . . . . .   Sex. . . . .Age. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Physical Condition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

How Long in Possession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Where Obtained . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Special Remarks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

AND I HEREBY RELINQUISH ALL CLAIM TO SAID SPECIMEN AND/OR ITS PROGENY:

Signed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Date . . . . . . . . . . . . . . . . . . .

Accepted for the Zoo by:

Signed . . . . . . . . . . . . . . . . . . . . . . . . . . .

Date . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Object Number . . . . . . . . . . . . . . . . . . . . .

5.36.090  Gifts and Loans of Property.

A.  Whenever any real or personal property or the use thereof shall be offered to the City by way of donation, gift, grant, lease, loan or any other manner made available to the City by any person, firm, or corporation for the purpose of bestowing a gift or benefit upon the City, the Mayor hereby is authorized to accept any and all such real or personal property or the use thereof. The Mayor also hereby is authorized to execute any necessary agreement or document and to agree to any reasonable terms and conditions for the gift, grant, lease, loan or other use of such real or personal property. Provided, however, that any such grant, lease or loan by which the City shall be obligated in an amount exceeding $250 shall first be approved by the Council by special ordinance.

B.  It shall be the duty of all bureau chiefs to promptly report to the Commissioner In Charge, the receipt of any gift, contribution, donation or other use of personal property from any person, firm or corporation for and on behalf of the City so that the Commissioner may cause such property to be promptly included in the City inventory.

5.36.100  Use of City Property for Elections.

The Commissioner In Charge of any property or premises of the City hereby is authorized to permit the use of such premises or facilities as polling places for any election held by the State, county or any municipal corporation.

5.36.110  Use of City Property for Air Quality Measuring Stations.

The Commissioner In Charge of any particular parcel of real property owned by the City is hereby authorized to grant permission in writing to any governmental body to install on said real property on a temporary basis an air quality measuring station; provided, however, that no such written permission shall be granted unless and until the requesting governmental body has stated in writing that the temporary installation will be accomplished without injury or damage to the City property and that said governmental body will reimburse City for all costs or expenses to City incident to the installation.

5.36.115  Designation of “Persons In Charge” for Purposes of Excluding Persons From City Property.

(Added by Ord. No. 161538, effective Feb. 4, 1989.)

A.  For purposes of ordering persons to leave City property, each Commissioner In Charge is authorized to designate persons in charge of City property within that Commissioner’s assigned bureaus and departments or to which that Commissioner otherwise has authority. The designation shall be made in writing, and any person so designated shall be a “person in charge” as that term is defined in ORS 164.205(5) until the designation is removed by the Commissioner In Charge or the designated person ceases to be an employee or officer of the City of Portland.

B.  City elected officials and the administrator of each City bureau shall advise the Commissioner In Charge on the selection of individuals to be designated as “persons in charge” of City property, and shall advise the Commissioner In Charge of the City property over which such individuals exercise control. They shall also advise the Commissioner In Charge when the list of designated “persons in charge” is in need of amendment.

C.  The Commissioner In Charge shall maintain a list of all persons who have been designated as “persons in charge” of City property. Upon request, the City shall provide a copy of the list to the District Attorneys of Multnomah, Clackamas and Washington counties.

D.  For purposes of this Section, “City property” shall include all real property either owned by the City or in which the City has a property interest.

Chapter 5.40

DEMANDS AND DISBURSEMENTS

Sections:

5.40.010  Drawing Checks in Payments of Claims.

5.40.020  Certain Demands to be Submitted to Council.

5.40.030  Appropriation to be Charged for All Demands.

5.40.040  Requisitions Required.

5.40.070  Funds Held for Benefit of Police Contributions Committee.

5.40.080  Requisition of Funds for Purchasing Police Evidence.

5.40.010  Drawing Checks in Payments of Claims.

(Amended by Ordinance Nos. 139226 and 173369, effective May 12, 1999.) The Mayor and the Auditor shall have the authority to draw checks on City funds upon approved requisition, duly executed contract, or order of the Council when the Auditor has determined that payment is legally due and payable.

5.40.020  Certain Demands to be Submitted to Council.

(Amended by Ordinance No. 173369, effective May 12, 1999.) All demands for expenses of litigation, damages, relief and other demands of like character, except as hereinafter provided, shall be examined by the Auditor and submitted to the Council by him with any recommendations, explanations or information he may deem pertinent thereto. When the demands are approved by the Council, checks shall be drawn in payment thereof.

5.40.030  Appropriation to be Charged for All Demands.

The Auditor hereby is directed to charge all demands for the furnishing of supplies, materials, equipment, etc. to appropriations therefor.

5.40.040  Requisitions Required.

Before any obligation is incurred under the provisions of this Chapter, except emergency purchases as provided in Section 5.32.030 and except specific payments directed by the Council, a requisition properly signed shall be presented to the Auditor in order that he may determine that the proposed expenditure is budgeted and that appropriation is available therefor. Each requisition shall state in detail the articles or services to be purchased and appropriation accounts proposed to be charged.

5.40.050  Payment of the City’s Contribution to the Public Employees Retirement Board and the State Industrial Accident Commission.

(Repealed by Ord. No. 139226; passed Dec. 19, 1974, effective Jan. 20, 1975.)

5.40.070  Funds Held for Benefit of Police Contributions Committee.

No money held by the City Treasurer in the Trustee Fund for the benefit of Police Contributions Committee shall be disbursed by him except on written request of the Chief of Police who shall first be advised in writing by the Secretary of the Affirmative Action of the above-named Committee to pay a sum certain to a particular named donee. The Treasurer shall, not later than January 15th of each year, furnish to the Chief of Police a statement showing the amounts received by him for the benefit of the Police Contributions Committee and the amounts paid out by him, if any, and to whom paid. The Chief of Police shall immediately advise the Committee of the contents of the report of the City Treasurer. The Committee shall, not later than January 31st of each year, advise each donor as to the portion of his donation that is tax deductible.

5.40.080  Requisition of Funds for Purchasing Police Evidence.

The Chief of Police is hereby authorized to requisition funds in advance of expenditure for the purchase of evidence against the illegal sale of liquor, gambling or other violations of laws. Each advancement shall be on a memorandum requisition approved by the Commissioner In Charge of the Bureau of Police and charged to the appropriation of the Bureau of Police for evidence procurement. The requisition shall be accompanied by an affidavit signed by the Chief of Police which shall state that the amount of cash to be advanced will be used only for the purpose of evidence against the illegal sale of liquor, gambling or other violations of laws. There shall be no further formal accountability for such funds beyond the affidavit. However, the Chief of Police shall maintain sufficient confidential records to be able to provide a confidential accounting to the Commissioner In Charge on his request.

Chapter 5.44

EXECUTION OF CONTRACTS

AND BONDS

Sections:

5.44.010  Execution of Contracts.

5.44.020  Notice to Successful Bidder.

5.44.030  Bid Security.

5.44.040  Waiving Delivery Date in Contracts.

5.44.050  Amount of Contractors’ Bonds.

5.44.060  Release of Surety on Contractors’ Bonds.

5.44.070  City Attorney to Approve All Bonds.

5.44.080  Securities in Lieu of Retainage.

5.44.010  Execution of Contracts.

(Amended by Ord. No. 149059; passed and effective Jan. 30, 1980.) The Commissioner In Charge of the bureau having supervision of the performance of the contract and the Auditor are hereby authorized to execute on behalf of the City all contracts entered into by the City unless otherwise provided by law. In the absence of such contrary provisions, no contract shall become effective until signed by the Commissioner In Charge of the bureau having supervision of the performance of the contract and the Auditor. Where an ordinance authorizes the execution of a contract by a Commissioner who was in charge of the department or bureau concerned at the time of introduction or passage of the ordinance, but who is no longer in such charge at the time of execution of the contract, the contract shall be executed by the Commissioner In Charge of the department or bureau concerned and the Auditor at the time of such execution.

5.44.020  Notice to Successful Bidder.

(Amended by Ord. No. 161913, effective May 10, 1989.) It shall be the duty of the Auditor at his earliest convenience, and in no event later than the next business day after the awarding of a contract by the City Council, to notify the successful bidder of the fact that he is the successful bidder and that a form of contract will be forwarded for his signature forthwith.

5.44.030  Bid Security.

(Amended by Ord. No. 132020; new Section substituted by 134453; passed April 27, effective May 29, 1972.)

A.  As used in this Section, “public improvement contract” means a contract for construction, maintenance or betterment of a public improvement, which is advertised for bid.

B.  All bids for a public improvement contract shall be accompanied by bid security in an amount equal to 10 percent of the amount bid for the contract. Bid security shall be in the form of a surety bond, cashier’s check or certified check of the bidder.

C.  All bid securities shall be retained by the City for 30 days from the Council award of the contract to the successful bidder. However, the bid security of the successful bidder shall be retained until the City has received a signed and approved contract and any required insurance and performance bond. Except as provided in subsections D, E and F of this Section, bid securities shall be retained as authorized herein to allow an award of the contract to another bidder without readvertising where the bidder to whom the contract was awarded fails, neglects or refuses to enter into the contract.

D.  Where tender of a form of contract to a successful bidder for execution by him has been delayed for more than 30 days after Council award, then upon application for release of his bid security by the next closest bidder, his bid security shall be released upon written approval of the Mayor or Commissioner In Charge of the Department of Finance and Administration, or his authorized representative.

E.  Where the City has received a signed and approved contract and any required insurance and performance bonds relating thereto prior to 30 days from the Council award of the contract to the successful bidder, all bid securities relating to the particular contract shall be released immediately.

F.  Where all bids for a contract have been rejected by the Council, the bid securities relating thereto shall be released immediately.

G.  (Added by Ord. No. 139428; passed and effective Feb. 5, 1975.) The contract shall be signed by the successful bidder and returned to the Auditor with the required insurance and bonds within 15 days of transmittal of contract to the successful bidder unless a written request demonstrating good cause for an extension of time is approved by the City Attorney. If the contract, bonds and insurance are not returned within 15 days or an extension granted as provided, it shall be deemed a refusal by the successful bidder to execute the contract.

5.44.040  Waiving Delivery Date in Contracts.

(Amended by Ordinance No. 173369, effective May 12, 1999.) Contracts for materials, supplies and equipment may contain a provision allowing the Commissioner for whose department such equipment, material or supplies are to be purchased to accept delivery subsequent to the time stipulated in the contract if such acceptance shall be determined beneficial to the City and the Auditor shall issue a check in payment of said contract upon receipt of a letter from the Commissioner waiving the delinquency as to the time of delivery of said equipment, material or supplies and stating that the equipment, material or supplies have been accepted.

5.44.050  Amount of Contractors’ Bonds.

All bonds executed by contractors for furnishing supplies, material or the performance of work for the City shall be for an amount equal to fifty percent of the contract price unless a greater amount is fixed by the Council; provided, that the provisions of this Section shall not apply to contracts awarded by the Council for the improvement of streets and construction of sewers.

5.44.060  Release of Surety on Contractor’s Performance Bond.

The Auditor shall have the authority to release the surety on the performance bond of contractors furnishing material, equipment or supplies to the City after the completion of the contract and payment by the City and after receipt by the Auditor of a written statement from the bureau receiving such material, equipment or supplies that the contract has been satisfactorily completed and the material, equipment or supplies accepted by the City. This Section shall not apply to contracts which include the performance of labor other than the mere delivery of the subject of the contract.

5.44.070  City Attorney to Approve All Bonds.

(Amended by Ord. No. 155018; Aug. 23, 1983.) All bonds executed to the City pursuant to law or ordinance shall be subject to the approval of the City Attorney. All bid bonds must comply with the specifications of the invitation to bid.

5.44.080  Securities in Lieu of Retainage.

(Amended by Ordinance Nos. 134211, 138792, 142498, 165857 and 173369, effective May 12, 1999.) Whenever any contractor deposits bonds or securities with the City pursuant to ORS 279.435, wherein it is necessary that an escrow agreement be provided to safeguard such deposit, subject to the approval of the City Attorney as to form, the Auditor hereby is authorized to execute on behalf of the City such escrow agreements as from time to time may be required.

A.  Securities that are acceptable in lieu of retainage are limited to one or more of the following categories:

1.  Bills, certificates, notes or bonds of the United States.

2.  Other obligations of the United States or its agencies.

3.  Obligations of any corporation wholly owned by the federal government.

4.  Indebtedness of the Federal National Mortgage Association.

5.  General obligation bonds of Oregon cities and school districts.

6.  Time certificates of deposit issued by an Oregon bank.

7.  Tax increment bonds of the City of Portland, Oregon.

8.  Irrevocable letters of credit from a bank doing business in Oregon.

Chapter 5.48

CHARGES FOR SERVICES

PERFORMED

Sections:

5.48.010  Authorization.

5.48.020  Application and Deposit.

5.48.030  Accounting Procedure.

5.48.035  Bureau of Emergency Communications - Recordings - Rates.

5.48.036  Office of City Attorney and Bureau of Risk Management - Records - Rates.

5.48.040  Collection of Money Due the City.

5.48.050  Improvements Without Assessment.

5.48.060  Interdepartmental Services Authorized.

5.48.070  Accounting Procedure for Interdepartmental Services.

5.48.010  Authorization.

Each Commissioner shall have authority to direct his subordinate employees to perform duly authorized services for private persons or other governmental agencies for all of which services a reasonable charge shall be made as provided in Section 5.48.030.

5.48.020  Application and Deposit.

Before any department or bureau of the City shall perform any service for a private person or other governmental agency, it shall be the duty of the department or bureau to obtain wherever practicable an application in writing requesting such service. A deposit may be required when in the judgment of the head of the department or bureau it shall be deemed necessary to guarantee the payment of the service to be performed. The application shall be retained by the department or bureau performing such services.

5.48.030  Accounting Procedure.

(Amended by Ord. No. 132116, 137528, and 138042; passed and effective April 4, 1974.) Unless the charge for services performed for private persons or governmental agencies other than the City is specifically fixed by the Charter, by action of the Council or by the Commissioner In Charge, all such services shall be charged for on the basis of actual costs, which shall be computed as follows:

A.  Labor.

1.  The amount for salaries and wages shall be either:

a.  Actual time computed at the applicable hourly payroll rate when the services being provided require less than the full time of an employee on an annual basis, or

b.  Annual salary including vacation, sick leave, holiday and other leave with pay when the services being provided require the full time of an employee on an annual basis.

2.  To the amount for salaries and wages computed under paragraph A 1 above, add for the indirect cost of vacation, sick leave, holiday and other leave with pay and for the cost of disability, retirement and insurance as follows:

a.  For other than sworn police personnel add 39 percent of salaries and wages.

b.  For sworn police personnel add 42 percent of salaries and wages for labor provided at straight time. Add only 15 percent for labor provided at overtime rates.

3.  To the amount for salaries and wages computed under paragraph A 2 above, add only for disability, retirement and insurance as follows:

a.  For other than sworn police personnel add 21 percent of salaries and wages.

b.  For sworn police personnel add 23 percent of salaries and wages provided at straight time only.

B.  Materials consumed shall be at actual cost including delivery to the City. The Bureau of Water Works shall charge an additional 5 percent for stock handling.

C.  Services from other City bureaus shall be at actual cost determined in accordance with Section 5.48.070.

D.  Services provided from non-City sources shall be at actual cost to the City.

E.  Motorized equipment, trailers, etc., shall be actual time at rates for each particular class of equipment established by the Commissioner In Charge.

F.  General overhead of 10 percent of the total charges in paragraphs A through E above shall be added, except that the Bureau of Water Works shall add 15 percent.

5.48.035  Bureau of Emergency Communications-Recordings-Rates.

(Added by Ord. No. 143377; passed and effective March 30, 1977.) The Bureau of Emergency Communications is authorized to charge the following rates or the rate established by a court in a particular case for services rendered in locating and delivering particular segments of tape recordings for court use:

A.  Labor.

1.  Ten dollars per hour (straight time) for staff time expended for salaries and wages. After FY 1976-77 this rate shall be set equal to the 4-year rate for a police sergeant as approved in the official compensation plan of the City of Portland.

2.  Plus 42 percent of the foregoing straight time amount or 15 percent of the foregoing for labor provided at overtime rates for indirect costs for the vacation, sick leave, holiday and leave with pay, and for the cost of disability, retirement and insurance.

B.  Material Costs.

1.  In addition to the foregoing amount, there shall be charged for material costs, $6.22 per hour for the time City’s recording equipment is in use.

C.  General Overhead.

1.  To the total of the above there shall be added 10 percent for general overhead.

5.48.036  Office of City Attorney and Bureau of Risk Management - Records - Rates.

 (Added by Ord. No. 151447, April 1, 1981.) In making public records available for inspection by members of the public and in providing the members of the public with copies thereof, the office of City Attorney and the Bureau of Risk Management shall charge therefor on the basis of actual costs of making available and copying the records, as set out in Section 5.48.030. This Section shall not apply to those cases in which the charge would be $5 or less, in which cases the charge shall be the amount set out in Section 5.60.020.

5.48.040  Collection of Money Due the City.

(Amended by Ord. No. 147159, 149198, and 165955; Nov. 4, 1992.) The Office of Finance and Administration of the City shall bill for all services performed for other persons by the City and for all City accounts receivable, contracts receivable and grants receivable except for bills and statements regularly sent by the Bureau of Water Works, the City Treasurer, the Risk Management Division, the Assessment Division of the City Auditor’s Office and payments made under leases managed by the Bureau of General Services.

It shall be the duty of the officers of various departments, bureaus and divisions of the City to furnish the Office of Finance and Administration, daily, a list or journal of all charges that are to be billed, together with supporting data.

If payment of a City bill sent by the Office of Finance and Administration is not received within 30 days after the date of billing, it shall be delinquent. It shall be the duty of the Office of Finance and Administration to pursue collection of these delinquent accounts using appropriate collection methods. When collection efforts do not result in payment, invoices will be forwarded to the City Attorney for collection, or in appropriate cases to the City Auditor’s Office to submit to the Council an ordinance assessing the unpaid bill upon property chargeable therewith. The Director of the Bureau of Administrative Services may select delinquent accounts to refer to a collection agency if the director deems such referral appropriate.

Interest of 1 percent per month shall be charged on all bills which remain unpaid for 30 days or more after the invoice billing date. Interest shall be computed from the invoice date and compounded monthly.

The Director of the Bureau of Administrative Services may add a rebill charge to delinquent accounts. The rebill charge shall be he greater of $5.00 or 25 percent of the amount which is delinquent, up to a maximum charge of $25.00. The rebill charge may be reassessed every 60 days, until the account is paid, assessed, canceled or waived.

The Director of the Bureau of Administrative Services may offer an early payment incentive discount of up to 2 percent on any or all invoices paid within 10 days of the billing date.

5.48.050  Improvements Without Assessment.

(Amended by Ord. No. 144020; passed July 7, effective July 11, 1977.)

A.  Whenever the City is requested to construct an improvement without using assessment procedures, and the improvement is to be constructed under contract in the name of the City, the person or agency submitting the request shall make an advance deposit into the Trustee Fund to protect the City against loss on account of obligations to be assumed in connection with the improvement. The advance deposit shall cover the following items:

1.  Estimated amount of the contract for the improvement;

2.  A fee for engineering and superintending equal to the engineer’s estimate of the cost of providing such services. Use accounting procedure 5.48.030.

3.  Overhead of City in advertising for bids, preparing the contract, disbursing funds, etc., at 1/2 percent of the estimated contract amount with a minimum of $100.

Additional deposits may be required by the Commissioner In Charge at any time he may deem necessary to protect the City.

B.  Advertising for bids and executing contract shall be authorized only by the City Council. In no event shall a contract be awarded for more than 93 percent of the funds on deposit.

C.  The deposited funds shall be disbursed by the City Treasurer on order of the Commissioner In Charge of the improvement project and after approval by the City Auditor. Disbursements shall be made as follows:

1.  Contract payments shall be paid directly to the contractor;

2.  Engineering fees and overhead shall be paid to the appropriate fund as revenue after the final cost of the contract has been determined.

3.  Prior to the issuance of the certificate of completion by the City Engineer the fees charged to the permittee will be adjusted to agree with the actual costs of services as recorded by the City Engineer. The remaining balance, if any, after payment of all costs shall be returned to the permittee. If additional funds are required of the permittee, they shall be paid prior to the issuance of the certificate of completion.

5.48.060  Interdepartmental Services Authorized.

Each Commissioner shall have power and authority, in the direction of activities of his department, to use the officers, employees, material, and equipment in different bureaus or divisions of such department whenever in his judgment the most efficient and economical administration of the affairs of his department requires; provided, that the appropriations carrying the cost of such services shall be reimbursed by calculating the cost of such services as hereinafter provided. Each Commissioner shall also have authority to direct his subordinate employees to perform duly authorized services for other bureaus or departments, for all of which services a reasonable charge shall be made.

5.48.070  Accounting Procedure for Interdepartmental Services.

Unless a specific charge is fixed by the Council, by Charter or by the Commissioner In Charge, for services rendered under the provisions of Section 5.48.060, all such services for other bureaus or departments within the same fund or another fund shall be charged for on the same basis as work performed for private persons as provided in Section 5.48.030, except that stock handling costs under Section 5.48.030 B, and general overhead under Section 5.48.030 F shall not be added.

Chapter 5.50

COLLECTIONS SECTION

(Added by Ord. No. 147159; passed

and effective Feb. 1, 1979.)

Sections:

5.50.010  Collections Section.

5.50.020  Compromise Authorization.

5.50.030  Money Collected.

5.50.010  Collections Section.

A.  A Collections Section shall be established within the Risk Management Division. This Section shall be responsible for the investigation, billing, collection and compromise of accounts receivable generated by losses suffered by the City including, but not limited to, vehicle accidents, street light and traffic accidents, property damage for vandalism or negligence and theft, and claims by the City for services rendered without a formal contract including, but not limited to property board ups, but not any claim for which the City may impose a lien. If necessary, the Collections Section may assign individual accounts to outside collection agencies. This Section shall also be responsible for gathering cumulative data necessary for establishing methods to remove or reduce the causes of such losses in the future.

B.  The bureau sustaining the loss or damage shall send a report to the Collections Section within 2 working days from the date of loss or damage. The bureau shall supply all information relating to the loss to the Collections Section and shall cooperate with and assist the Collections Section in the investigation and collection of such loss or damage.

C.  The Collections Section shall recommend that the City Attorney institute suit in appropriate cases. The City Attorney shall institute legal proceedings for the City in any court or tribunal upon direction of the Council or with the approval of the Commissioner of Finance and Administration and for good cause shown.

D.  Nothing in this Chapter shall be applicable to accounts receivable arising under any contract.

5.50.020  Compromise Authorization.

The Collections Section with the approval of the Commissioner of Finance and Administration is authorized and directed to effect compromises in all cases where in the judgment of the collections Section, substantial justice can thus be achieved. These compromises are authorized in all cases involving an original claim of $5,000 or less.

Where the amount of the original claim is greater than $5,000 but less than $10,000, the Collections Section with the approval of the Commissioner of Finance and Administration is authorized to accept compromises which provide for payment to the City of not less than 50 percent of the amount of the original claim. Where the amount of the original claim is greater than $10,000, the Collections Section with the approval of the Commissioner of Finance and Administration is authorized to effect compromises which provide for payment to the City of not less than 75 percent of the original claim. Where the amount of the original claim is greater than $5,000, lesser amounts than herein specified may be accepted in compromise only with Council approval. The Collections Section with the approval of the Commissioner of Finance and Administration is authorized to cancel accounts receivable invoices of under $5,000 in amount or accept promissory notes or confessions of judgment where in the judgment of the Collections Section, substantial justice can thus be achieved.

All compromises shall be in writing utilizing forms approved by the City Attorney.

5.50.030  Money Collected.

All monies collected by the Collections Section will be credited to the appropriate City fund less a service charge of 15 percent for all claims for damages to its property against any third party tort-feasors arising out of an accident or incident. A 25 percent service charge will be required if necessary to assign to an outside collection agency. This service charge will be credited to the Insurance and Claims Fund. Financial records of amounts recovered will be cumulated and maintained by the Collections Section indicating the bureau and fund for which such amounts are recovered.

Chapter 5.52

PETTY CASH AND CHECKS

(Amended by Ordinance No. 173369,

effective May 12, 1999.)

Sections:

5.52.010  Petty Cash and Change Accounts.

5.52.020  Cancellation of Checks and Issue of in Lieu Checks.

5.52.030  Cancellation of City Assessments on Mortgage records.

5.52.040  When Checks Are to Be Canceled.

5.52.050  Drawing Checks on Charter Appropriations.

5.52.060  Establishing Checking Account and Providing for Payment of Certain Refunds by Check.

5.52.010  Petty Cash and Change Accounts.

(Amended by Ord. No. 135063, 138943, 141163, 146673, 152320, 162106; and 169321 Sept. 20, 1995.)

A.  Various offices of the City government shall have petty cash and change cash accounts as authorized by the Council by ordinance. Petty cash accounts shall be for incidental expenditures and change cash accounts shall be for the purpose of making change at authorized locations and activities.

B.  The amount of each purchase from petty cash accounts shall not exceed $100 unless approved in writing by the Bureau Manager.

C.  A petty cash account exceeding $1,000 may be maintained as a checking account designated “City of Portland, Bureau of , (Title of Account.)” Such accounts shall be the responsibility of the individual bureaus/agencies, which will:

1.  Authorize in writing three signatures for each account.

2.  Require two signatures on each check.

3.  Establish a dollar limit for each check.

4.  Establish a control system for the account.

5.  Provide for audit procedures.

The City Treasurer shall provide technical assistance to the bureaus/agencies in the establishment of such accounts.

D.  Reimbursement from petty cash accounts may be made to employees for the purchase of safety shoes and/or rain gear as provided in labor contracts with the City. Such reimbursements for these specific purchases shall be restricted to the $100 limitation for petty cash purposes.

5.52.020  Cancellation of Checks and Issue of in Lieu Checks.

(Amended by Ordinance No. 173369, effective May 12, 1999). The Mayor and Auditor shall have the authority to cancel any City check issued for the payment of money and to issue in lieu thereof one or more checks; provided, that in lieu checks shall be drawn against the same fund and shall not exceed in the aggregate the amount of the check cancelled; and provided further, that such in lieu checks shall state on the face thereof the numbers and date of the check in lieu of which they are issued. In the event that a check is claimed to have been lost, stolen, or destroyed the payee or holder shall promptly give notice to the City Treasurer to stop payment and file with the Auditor a request for a new check which shall include a statement of facts concerning the claimed loss, theft or destruction of the check. The Mayor and the Auditor shall have the authority to issue a new check in place of the lost check; provided, however, that before delivery of the substitute check, the Auditor shall require from the payee a document relieving the City, its officers and employees from all harm in connection with the drawing and delivery of the substitute check, which document shall be approved as to form by the City Attorney.

5.52.030  Cancellation of City assessments on Mortgage Records.

The City Auditor is hereby authorized and empowered to cancel when paid, any and all assessments which have been or may be entered in the mortgage records for the cost of constructing sewers, drains, and all works necessary therefor by the City. Such cancellations may be made by endorsing a cancellation on the margin of the record as in case of release of mortgage or by executing and acknowledging a formal instrument of cancellation. Such cancellation shall be made only where payment has been duly received by the City Treasurer and duplicate copy of the receipt for such payment has been presented to the City Auditor.

5.52.040  When Checks Are to Be Canceled.

(Amended by Ordinance No. 173369, effective May 12, 1999.) At the close of each fiscal year the Auditor of the City is hereby authorized and directed to cancel all checks the date of which shall be in excess of 6 years prior to the time of such cancellation.

5.52.050  Drawing Checks on Charter Appropriations.

(Amended by Ordinance No. 173369, effective May 12, 1999.) The Mayor and the Auditor shall draw checks on the appropriations provided for by Section 2-108 and Section 2-105 (14) of the Charter when a memorandum requisition for funds has been submitted to the Auditor which has been signed personally by the Commissioner of Finance and Administration. The proceeds from the checks shall be held by the Commissioner of Finance and Administration for disbursement.

5.52.060  Establishing Checking Account and Providing for Payment of Certain Refunds by Check.

(Added by Ordinance No. 134182; amended by Ordinance Nos. 161197 and 173369, effective May 12, 1999.) The Bureau of Water Works may establish a checking account in a bank approved by the Commissioner In Charge. The Bureau may deposit all or any part of its authorized petty cash funds for Sewer User Refunds, Water User Refunds and Deposit Refunds. Numbered checks for the refund account shall be issued as required in favor of the recipient of the refund. No check shall be issued for any refund in excess of $1,000. Canceled checks on such account shall be retained for audit purposes. Refund checks shall be signed only by the Water Bureau Administrator or the Director of Finance and Administration or the Customer Accounts Manager of the Bureau of Water Works. Signature of only one of the designated officials shall be required on any refund check for less than $500. Checks issued from $500 to $1,000 shall require two signatures. Reimbursement to the refund checking account as is required shall be by check charged to the appropriate fund.

Chapter 5.56

AMBULANCE SERVICE

Sections:

5.56.010  Police Radio Dispatch Service.

5.56.020  Acceptance by Ambulance Companies.

5.56.010  Police Radio Dispatch Service.

In order to prevent a duplication or multiplicity of ambulance service at the scene of any emergency or disaster, the Bureau of Police Radio Dispatcher will notify by direct phone furnished by the ambulance operator, the ambulance nearest the emergency or disaster scene. In consideration for the emergency dispatching service herein provided for, the private ambulance operators shall pay to the City the sum of $600 per month. Each ambulance operator shall pay monthly a sum equal to $600 divided by the number of ambulance companies participating in the dispatching service.

All monies due the City by the terms of this Section shall be paid by the 10th day of the month following the month in which dispatching service was furnished. All such money received by the City shall be credited to the General Fund Revenue Account, police charges, Code 432.

5.56.020  Acceptance by Ambulance Companies.

No monies shall be paid out or received by the City under the authority contained in this Chapter until the ambulance company requesting payment from the City or offering payment to the City shall have executed an acceptance of the terms of this Chapter in writing in form approved by the City Attorney.

Chapter 5.60

MISCELLANEOUS CHARGES

Sections:

5.60.010  Charges For Architectural Services.

5.60.040  Employee Lists Furnished by Accounting Division Manager.

5.60.050  Licensees’ Lists Furnished by License Bureau.

5.60.110  Driving City Cars to and from Work

5.60.120  Lien Accounting System Access.

5.60.010  Charges For Architectural Services.

(New Section substituted by Ord. No. 136092; passed and effective March 1, 1973.) Services performed by the Bureau of Architectural Planning for a service financed from a City fund other than the General Fund or by another governmental agency shall be charged for at the rate of 165 percent of the salary rates of the individuals working on the project. Services which are to be provided shall be undertaken only on approval of the Commissioner In Charge. Services to be charged for shall be authorized only after it has been determined that funds are available for payment.

5.60.020  Public Records Copy Charges.

(Repealed by Ord. No. 156910 Dec. 26, 1984.)

5.60.040  Employee Lists Furnished by the Accounting Division Manager

(Amended by Ordinance No. 155770, April 4, 1984.)

A.  Upon written application, the Accounting Division Manager may furnish to any applicant a list of names of City employees.

B.  The Accounting Division Manager may charge a fee for providing such information with such fee determined by the Accounting Division Manager to be reasonable and approximating the cost to the City of providing the information.

C.  The information provided by the Accounting Division Manager pursuant to this Section shall be limited to names of employees only, and shall not include addresses, or phone numbers.

D.  This Section is not intended to prevent, nor is it related to, the verification of personal information provided voluntarily by employees to others.

5.60.050  Licensees’ Lists Furnished by License Bureau.

Upon written application accompanied by the fee hereinafter set out, the Bureau of Licenses may furnish to any applicant a list of licensees. The fee for such list shall be as follows:

A.  For any list containing the names of not more than 15,000 licensees, the fee shall be $250;

B.  For any list containing the names of more than 15,000 licensees, the fee shall be in addition to the above, $1 for each 100 names or fraction thereof.

No list of names of licensees shall be furnished to any person not a City employee without the prior approval of the City Licenses Director.

5.60.110  Driving City Cars to and from Work.

(Amended by Ordinance Nos. 141835, 142504, 154639, 157641; 168313 and 173369, effective May 12, 1999.)

A.  Employees authorized to drive City vehicles to and from their place of residence shall pay to the City a rental charge for each accounting period of use. The rental charge shall be based upon Internal Revenue Service guidelines.

If there is more than one City employee commuting in the same vehicle, the charge to the passenger will be equal to that of the driver. It shall be the responsibility of bureaus to report to the Accounting Division vehicles used as commuting vehicles.

Payroll deductions for rental charges shall be made from the employee’s second payroll check of the month. Submission of the Personal Use of City Vehicle form is required upon vehicle assignment, cancellation, or when reduction is requested by Friday of the payroll submission week.

B.  Credit will be given when total consecutive working days of nonuse exceed working days.

C.  Requests for authorization to drive City vehicles to and from work must be approved by the employee’s bureau manager and the employee’s Commissioner In Charge.

5.60.120  Lien Accounting System Access.

(Added by Ord. No. 159619 Apr. 30, 1987.) Access to the City’s automated Lien Accounting System shall be provided at the current dollar rate per second of Central Processing Unit (CPU) time as charged to the City Auditor’s Office by the Bureau of Computer Services. Agencies and individuals not affiliated with the City of Portland shall be billed monthly for actual usage at the current rate, plus $5 per month administrative charge. This fee shall be effective as of July 1, 1987.

Chapter 5.64

MISCELLANEOUS FISCAL

PROVISIONS

Sections:

5.64.010  Fiscal Agency in New York City.

5.64.020  Appointment of Deputy Auditors.

5.64.030  Treasurer to Cash Credit Union Checks.

5.64.040  Bureau of Water Works Accounts.

5.64.050  Execution of Releases from Claims for Damages.

5.64.060  Cancellation of Refund Checks.

5.64.070  Refunds.

5.64.090  Investment of Available Funds.

5.64.100  Determination of City’s Subrogation for Time Loss Payments.

5.64.110  Procedure upon Obtaining Real Property with Outstanding Liens, Assessments or Accumulated Interest.

5.64.010  Fiscal Agency in New York City.

 The National Bank of New York, New York City, State of New York, shall be the fiscal agency in New York City for the City.

5.64.020  Appointment of Deputy Auditors.

The Auditor of the City shall have the authority to appoint as his deputies with power to act for and in his behalf any and all persons employed in the Office of the Auditor of the City. The authority hereby conferred shall in no way affect the classifications or salaries of employees so appointed, the authority being conferred merely for the purpose of facilitating the transactions of business in the office of the City Auditor.

5.64.030  Treasurer to Cash Credit Union Checks.

The City Treasurer is hereby authorized and directed to accept and cash checks properly drawn by the City Employees’ Credit Union, signed by the Treasurer and countersigned by the President and Vice President. It shall be the duty of the Secretary of the City Employees’ Credit Union to file with the City Treasurer annually at the time of election of officers of the credit union a certificate showing the name of the President, Vice-president and Treasurer of the Credit Union. In the event any change is made in the organization of the Credit Union whereby any other officers or individuals are authorized to sign or countersign checks, the same shall be immediately transmitted to the City Treasurer by the Secretary by the filing with the City Treasurer of a certificate so stating. In the event any change in officers is made at any time during the year the same shall be immediately transmitted to the City Treasurer in like manner.

5.64.040  Bureau of Water Works Accounts.

The Auditor of the City is hereby directed to exercise the same supervision and authority over the accounts and financial affairs of the Bureau of Water Works as he is authorized, directed, and required by the Charter and ordinances of the City to exercise over other bureaus.

5.64.050  Execution of Releases from Claims for Damages.

The City Treasurer, or Deputy Treasurer, in the absence or inability to serve of the City Treasurer, is hereby authorized upon receiving payment in full of claims for damages, to execute and deliver on behalf of the City a formal release and discharge of and from any further liability upon such claim; provided, that such release be first approved by the City Attorney.

5.64.060  Cancellation of Refund checks.

The City Treasurer shall cancel outstanding refund checks after 6 years. The amount represented by such checks shall be transferred from the refund account to the General Fund. In order that persons having refunds due which are represented by outstanding refund checks may not be precluded from establishing their right to such refund in the future, any person entitled to a refund, for which refund a check has been issued and has not been presented for payment within 6 years, and which refund has been canceled under the provisions of this Section, may petition the Council at any time for the allowance of such refund. The Council may after hearing upon such claim allow and pay the amount of such refund from the General Fund. Such payment however shall be made only by ordinance.

5.64.070  Refunds.

 (Amended by Ordinance No. 173369, effective May 12, 1999.)

A.  The Mayor and Auditor are authorized to draw checks making refunds for any purpose except as provided in Subsection B below. A check may be drawn when a properly signed memorandum requisition is presented which contains a statement showing the necessity for the refund and the amount thereof, or which is supported by such statement. The statement shall bear the approval of the bureau head responsible for determining the amount of refund and he shall initiate the necessary requisition. A refund in any amount may be paid from petty cash if funds are available and if the required statement is submitted.

B.  The Mayor and Auditor are authorized to draw checks for the refund of assessments paid in error after such refunds have been properly recorded in the Auditor’s refund register, provided that no refund shall be made on account of assessments paid where the description of property assessed is found to be erroneous unless such refund is first authorized by Council.

C.  A refund shall be charged against appropriations if the amount to be refunded was previously credited to a budgetary fund. It shall be charged to the fund receipts previously credited if the amount to be refunded was credited to a nonbudgetary account.

5.64.090  Investment of Available Funds.

The City Treasurer hereby is authorized to invest any uninvested surplus balance to the credit of the General Fund or any sinking fund or special fund in interest bearing securities such as may be lawfully held by the City under Section 7-105 of the City Charter. The Treasurer may purchase such securities on the open market and may bid on new issues of such securities. The Treasurer may sell such securities on the open market, if there is an established market therefor, as necessary to meet the cash needs of the various funds.

The authority herein granted to the Treasurer may only be exercised with the approval of the Commissioner of Finance and Administration and, in the case of the investment of sums held in special funds or sinking funds, with the approval of Commissioner In Charge of the budget of such sinking fund or special fund.

5.64.100  Determination of City’s Subrogation for Time Loss Payments.

The City Attorney shall determine the amount of any City claim under Charter Section 2-608 for time loss payments made to any officer or employee of the City. In making such determination the City Attorney shall consider the amount of time loss paid by the City, the amount of recovery, the nature and degree of the injury, the costs and expenses incident to the injury or to the recovery of damages, the testimony and evidence insofar as the same is conveniently available, the legal factors involved and all other facts and circumstances which he finds relevant to the particular situation. A tentative determination of the City claim may be made prior to recovery if the City Attorney finds it to be appropriate to assist in settlement of the claim of the officer or employee against another person. Such determination by the City Attorney on the basis of settlement or adjudication of the claim of the officer or employee shall in each case be deemed the amount of the City’s claim by subrogation.

5.64.110  Procedure Upon Obtaining Real Property with Outstanding Liens, Assessments or Accumulated Interest.

In all cases where the City acquires a parcel of real property by purchase, gift, trade or otherwise, and the City is obligated to pay an outstanding lien and/or assessment with or without accumulated interest, the officer or Commissioner In Charge of the department or bureau acquiring the real property shall be responsible for the payment of the outstanding lien and/or assessment with accumulated interest, if any, from the appropriate fund at the time of acquisition.

Chapter 5.68.

PROFESSIONAL, TECHNICAL AND

EXPERT SERVICE CONTRACTS

Sections:

5.68.010  Definition.

5.68.015  General Requirements.

5.68.020  Application.

5.68.030  Public Announcement of Requirements.

5.68.035  Authority to Obligate City for Professional, Technical or Expert Services.

5.68.040  Services Costing Under the Formal Bid Threshold Set Annually by the City Auditor.

5.68.050  Selection Committee.

5.68.060  Selection Committee Duties.

5.68.070  Review by City Attorney.

5.68.075  Outside Legal Services.

5.68.080  Procedure for Selection of Bond Counsel.

5.68.090  Contractor’s Compliance with Workers’ Compensation Requirements.

5.68.010  Definition.

 (Amended by Ordinance Nos. 169960 and 174347, effective April 12, 2000.) For the purposes of this ordinance, “professional, technical and expert” shall refer to any individual or group, excluding regular City employees, who, for a fee, provides services or gives professional advice regarding matters in the field of their special knowledge or training, including but not limited to: planners, architects, engineers, lawyers, accountants, doctors, dentists, ministers, and counselors in investments, insurance, advertising, graphics, training, public relations, communications, data processing and management systems. Such contracts may include incidental materials such as written reports, architecture or engineering renderings, and similar supplemental materials. The Purchasing Agent shall have authority to classify those services not specifically addressed in this provision.

5.68.015  General Requirements.

(Added by Ordinance No. 166419; amended by 174347, effective April 12, 2000.) To ensure that the interests of the public are fully served and that the process for awarding city professional, technical and expert service contracts promotes competition and accountability, bureaus, responsibility units and selection committees shall be guided by the Professional, Technical and Expert Services Manual issued by the Bureau of Purchases and City Attorney. That manual requires consideration of selection criteria which include but are not limited to: expertise, experience, compensation requirements, diversity in employment and contracting and project approach. All PTE contracts submitted for approval shall be accompanied by a "PTE Contract Worksheet" prepared by the submitting bureau.

5.68.020  Application.

(Amended by Ordinance Nos. 150708, 166419, 166585, 167191 and 174347, effective April 12, 2000.) This Chapter shall apply to City procurement of professional, technical and expert services, except those required for the processing of any claim for workers' compensation benefits, the determination of any prospective or current City employee's ability to work or return to work, or for the determination of any reasonable accommodation that may be made to any job classification in the City. If any emergency exists such that following the requirements of this Chapter would adversely affect the City's interest, or if it is known that only one party is available to provide services or expertise required for a project, then a contractor may be selected without following these requirements, but the bureau or responsibility unit so selecting shall report its action to the City Purchasing Agent, who shall include these contracts in periodic reports to the Council.

5.68.030  Public Announcement of Requirements.

(Amended by Ordinance Nos. 166419, 169960 and 174347, effective April 12, 2000.) Each bureau or responsibility unit anticipating the need for professional, technical or expert services shall submit a list of anticipated projects to the Bureau of Purchases at least once a year. The Bureau of Purchases shall use this information to publish an annual PTE calendar, which shall be available to all interested PTE vendors. The Bureau of Purchases shall develop and implement a strategy to ensure that the City’s PTE projects are advertised in publications serving Portland’s diverse communities, including minority and women-oriented publications, so that equitable access to information about the City’s PTE contracting opportunities is made available.

Each bureau or responsibility unit shall also announce its requirement for professional, technical and expert services on each project where such services are estimated to cost more than the formal bid threshold set annually by the City Auditor, by advertising on at least three consecutive days in the City's official newspaper or other publications as deemed appropriate by the Purchasing Agent. This announcement shall include a description of the project, the type and scope of the professional, technical or expert services needed, the name of the project manager, and, if necessary, directions for obtaining further information.

5.68.035  Authority to Obligate City for Professional, Technical or Expert Services

(Added by Ordinance No. 174347, effective April 12, 2000.) All professional, technical or expert services contracts or purchase orders shall be in writing in a form approved by the City Attorney.

The Mayor, each City Commissioner and the City Auditor, or the designated managers for their offices, departments or bureaus, are authorized to obligate the City, or to authorize the Purchasing Agent to obligate the City for an amount not exceeding the formal bid threshold set annually by the City Auditor, without a specific ordinance for professional, technical or expert services, provided that the obligation is included within the current fiscal year budget. The Mayor, a City Commissioner or the City Auditor may execute a resulting contract for the City, or may authorize the Purchasing Agent to execute the contract. An original, executed copy of the contract, approved as to form by the City Attorney, shall be filed with the City Auditor.

The designated managers for the offices, departments or bureaus of the Mayor, each City Commissioner and the Auditor are authorized to obligate the City and execute contracts or purchase orders in a form approved by the City Attorney, for professional, technical, or expert services not to exceed $5,000.00, unless such authority has been revoked by the Purchasing Agent.

5.68.040  Services Costing Under The Formal Bid Threshold Set Annually By the City Auditor.

(Amended by Ordinance Nos. 166419, 169960 and 174347, effective April 12, 2000.) Bureaus or responsibility units utilizing professional, technical or expert services at a cost less than the formal bid threshold set annually by the City Auditor shall make every effort to rotate the work among qualified parties.

Each bureau or responsibility unit desiring professional, technical or expert services at a cost less than the formal bid threshold set annually by the City Auditor shall seek informal quotes from at least three qualified firms or individuals for each project. At least one of the firms or individuals shall be a woman or minority owned business, or emerging small business. If a bureau or responsibility unit does not contact a woman or minority owned business, or emerging small business, or does not solicit three quotes, the bureau or responsibility unit must explain in its PTE Contract Worksheet why it did not do so.

A bureau or responsibility unit that awards two or more related contracts to the same contractor for which the aggregate compensation for the contracts exceeds the formal bid threshold set annually by the City Auditor shall submit a written explanation to the Auditor. The explanation should state why the contractor was awarded two or more contracts, rather than one, for services on a single project. For purposes of this Section, contracts are related if each provides for similar services on the same project.

The informal/formal bid threshold is set annually by the City Auditor pursuant to City Charter Sections 8-104 and 8-105.

5.68.050   Selection Committee.

(Amended by Ordinance No. 174347, effective April 12, 2000.) Each bureau or responsibility unit desiring a professional, technical or expert services contract of more than the formal bid threshold set annually by the City Auditor shall establish a professional, technical or expert selection committee. The committee, with approval of the Commissioner, shall be chosen by the bureau or responsibility unit head and shall have a minimum of three members. The committee shall include at least one person from outside City government with expertise in the particular area of consideration unless the Commissioner In Charge explicitly waives this requirement.

5.68.060  Selection Committee Duties.

(Amended by Ordinance Nos. 166419 and 174347, effective April 12, 2000.) The selection committee shall establish and abide by a uniform system of selecting professionals, technicians or experts for the proposed project. The system shall be public information and shall be available to all parties.

Each bureau, responsibility unit or selection committee shall seek written proposals from at least three qualified firms or individuals for each project. At least one of the firms or individuals shall be a business certified by the state of Oregon as a minority, women, or emerging small business. If the bureau, responsibility unit or selection committee does not contact a business certified by the state of Oregon as a minority, women, or emerging small business, or receive three or more proposals, it must explain in its PTE Contract Worksheet why it did not do so.

The committee shall make its selection, and shall notify both successful and unsuccessful candidates. The bureau or responsibility unit shall be responsible for completion of contract and ordinance procedures, and direction of the work. Upon completion of the work for the project the selection committee using publicly available criteria, shall review the professional, technical or expert work performance and prepare a report for the Commissioner In Charge.

5.68.070  Review by City Attorney.

All professional, technical or expert service contracts shall be reviewed by the City Attorney. All such contracts shall conform to equal opportunity guidelines as well as Charter, Code, and funding requirements.

5.68.075  Outside Legal Services.

(Added by Ord. No. 157205, April 4, 1985.)

A.  Except as specifically exempted by this Section, and in addition to the other requirements of this Chapter for professional, technical and expert service contracts the following procedures and requirements shall apply to any contracts for legal services to be provided by attorneys outside of the Office of the City Attorney.

1.  All City bureaus and agencies shall submit in writing to the City Attorney all requests for legal services from outside the City Attorney’s Office before any agreement is made to obtain any such outside legal services.

2.  All billings and invoices for outside legal counsel’s services shall be directed to the City Attorney for review and approval prior to payment.

3.  The Purchasing Agent shall not process any purchase requisition for outside legal services without the written approval of the City Attorney or his/her designee.

4.  The Accounts Payable Division shall not process for payment any billing or invoice for outside legal services without the written approval of the City Attorney or his/her designee.

5.  The provisions of this Section shall not apply to selection of bond counsel, which shall be selected in accordance with Section 5.68.080 of this Code, however, all billings and invoices of bond counsel shall be directed to the City Attorney for review and approval prior to payment.

5.68.080  Procedure for Selection of Bond Counsel.

(Added by Ord. No. 146804; amended by 151168, 155018; and 159248 Dec. 18, 1986.)

A.  At the time a bureau determines it will need bond counsel for a project or series of projects, the bureau will notify the City Attorney. The City Attorney or designate shall notify each counsel listed in the Oregon Section of the Bond Buyer’s Directory of Municipal Bond Dealers (Red Book), requesting that those interested in serving as bond counsel for the project or series of projects submit proposals. The notice shall indicate the nature of the project or series of projects, the type and approximate amount of bonds, the approximate date for the sale or sales of bonds, the bond counsel services required, and the date proposals are due.

B.  Those counsel interested shall provide the following information to the City Attorney:

1.  A statement of the fee arrangement proposed by the firm.

2.  Such other information as the City Attorney deems appropriate.

C.  On receipt of the proposals the City Attorney shall refer them to a consultant selection committee consisting of the City Attorney or his or her designate; the Director of the Office of Fiscal Administration or his or her designate; and the Bureau Chief or his or her designate. The Committee shall consider only firms that are listed in the Red Book. The Committee may interview any or all firms, including more than once. The Committee may authorize firms to modify their proposals during the interview period.

D.  The Consultant Selection Committee shall select a law firm to serve as bond counsel for the project or series of projects. The selection shall be based on fee, experience, or such other criteria as the Committee deems appropriate.

5.68.090 Contractor's Compliance with Workers' Compensation Requirements

(Replaced by Ordinance No. 174347, effective April 12, 2000.) Prior to the performance of any work under a professional, technical or expert services contract awarded by the City, a contractor shall comply with the Workers' Compensation Law, ORS Chapter 656, as it may be amended, and if Workers' Compensation Insurance is required by ORS Chapter 656, shall maintain coverage for all subject workers as defined by ORS Chapter 656, and shall maintain a current, valid certificate of Workers' Compensation Insurance on file with the City Auditor for the entire period during which work is performed under the contract.

Chapter 5.72

ECONOMIC DEVELOPMENT

PROJECTS

(Added by Ord. No. 145441; amended by

149771, l55942, 157012; and l57226

passed April 11, effective

May l3, l985.)

Sections:

5.72.010  Purpose.

5.72.020  Definitions.

5.72.030  Economic Development - Applications.

5.72.040  Economic Development - Initial Review, Standards.

5.72.050  Housing - Applications.

5.72.060  Housing - Initial Review, Standards.

5.72.070  Initial Determination of Eligibility, Final Approval, Appeals.

5.72.080  General Conditions; Document Preparation and Review.

5.72.090  Application Processing, Financial Considerations.

5.72.100  Administrative Fees.

5.72.110  Bond Issuance.

5.72.120  Reporting Requirements.

5.72.010  Purpose.

The purpose of this Chapter is to provide necessary procedures and standards to carry out the powers granted to the City by Chapter 772, Oregon Laws of 1977 (ORS 280.410 to 280.485) as amended. This Chapter shall be liberally construed in order to carry out this purpose.

5.72.020  Definitions.

(Amended by Ordinance Nos. 166682 and 172567, effective August 12, 1998.) As used in this Chapter unless the context requires otherwise:

A.  “Economic development project” includes any properties, real or personal, used or useful in connection with a revenue producing enterprise. “Economic development project” shall not include any facility or facilities designed primarily for the operation, transmission, sale, or distribution of electrical energy. “Economic development project” also includes multiple unit residential housing development on land having an assessed valuation of $8 per square foot or more on September 13, 1975, land within a designated urban renewal or redevelopment area formed pursuant to ORS Chapter 457, land within an area designated as a Housing and Community Development target neighborhood pursuant to the Housing and Community Development Act of 1974, or projects which benefit low or moderate income tenants, or address slum and blight as defined by the 1974 Housing and Community Development Act.

B.  “Eligible project” means an economic development project found by the City to meet standards adopted pursuant to this Chapter. “Eligible project” includes multiple unit residential housing development which increases available housing units through new construction, rehabilitation of nonresidential buildings, or provides for rehabilitation of residential buildings.

C.  “City” means the City of Portland.

D.  “Costs” as applied to any project must conform to all applicable Internal Revenue Service regulations and may include:

1.  The cost of construction and reconstruction.

2.  The cost of acquisition of property, including rights in land and other property, both real and personal and improved and unimproved and the cost of site improvements.

3.  The cost of demolishing, removing or relocating any buildings or structures on lands so acquired, including the cost of acquiring any lands to which the buildings or structures may be moved or relocated.

4.  The cost of eligible machinery and equipment and related financing charges.

5.  The cost of engineering and architectural surveys, plans and specifications.

6.  The cost of financing charges and interest prior to and during construction, and if deemed advisable by the City for a period not exceeding 1 year after completion of construction.

7.  The cost of consultant and legal services, other expenses necessary or incident to determining the feasibility or practicability of constructing a project, administrative and other expenses necessary to or incident to the construction of the project, including, but not limited to, costs of relocation and moving expenses according to a project plan developed by the City, and the financing of the construction of the project thereof, including reimbursement to any state or other governmental agency or any lessee of such project for the expenditures made with the approval of the City that would be costs of the project under this Chapter had they been made directly by the City, and any costs incurred after bond issuance by the City for audits or monitoring.

E.  “ Qualified historic project” shall mean a project which includes the restoration or rehabilitation of a structure or structures designated as a City of Portland Historic Landmark. Such rehabilitation or restoration shall require the approval of the City of Portland Landmarks Commission to assure conformance with the Secretary of the Interior’s standards for historic preservation projects.

5.72.030  Economic Development - Applications.

A.  The Portland Development Commission shall be responsible for receipt of applications and review and processing thereof. Applications shall be in a form established by the Portland Development Commission and shall include, in addition to other information deemed necessary by the Portland Development Commission:

1.  Company/applicant information.

2.  Project information.

3.  Description of labor force at existing and proposed locations.

4.  Financial information.

5.  Environmental control information.

6.  Any information required by law or otherwise which is reasonable and necessary to effectuate the purposes of this Chapter.

7.  An agreement to indemnify and hold harmless the Portland Development Commission and the City of Portland, its officers and employees, from any and all liability for loss or damage to the company or any third person or entity arising from or alleged to have arisen from the processing of this application or any error or omission in any official statement or representation related to the contemplated financing.

B.  The applicant must certify by letter that the issuance of revenue bonds is an inducement to locate, retain, or expand the project in Portland.

C.  The requirements herein shall be considered to be minimums, and the Portland Development Commission and the City reserve the right to add additional requirements on a case-by-case basis. Likewise, the requirements herein stated pertain only to the Commission and the City and are not exclusive. Qualified bond counsel or the original purchaser may make additional requirements.

5.72.040  Economic Development -Initial Review, Standards.

A.  Upon receipt of an application, the Portland Development Commission shall review the application to determine whether the application should be further processed. In reaching such a determination, the Portland Development Commission staff may request additional information from the applicant as well as assemble any and all data deemed relevant to the decision.

B.  The Portland Development Commission shall consider the following:

1.  Economic feasibility and general benefits to the City of the proposed project.

2.  Density of use and potential impact in the area affected by the proposed project.

3.  Land use, transit, and transportation facilities in the vicinity of the proposed project.

4.  City’s ability to supply or support other needed services resulting from the Economic Development Project.

5.  Effect of proposed project on balanced economic development of the City.

6.  Employment and property tax income from the project.

7.  Employment opportunities. City and Portland Development Commission will use employment agreements when and where appropriate.

8.  Suitability of proposed area in the City for the particular type of proposed development project.

9.  Conformance with Internal Revenue Service regulations and the Oregon Revised Statutes.

C.  No application shall be recommended for City Council approval unless the Portland Development Commission determines that the proposed project does not conflict with adopted City plans and policies, and conforms to the following uses:

1.  Manufacturing or other industrial production.

2.  Agricultural development or food processing.

3.  Transportation or freight facilities.

4.  Warehousing or distribution.

5.  A project for the primary purpose of reducing air, water, or solid waste pollution.

6.  Other activities that represent new technology or types of economic enterprise that the City determines are needed to diversify the economic base of the community.

7.  Parking in close proximity to the Portland Performing Arts Center. Such a parking facility may include space for retail and commercial uses in addition to parking.

8.  Commercial uses when a part of a qualified historic project or publicly initiated urban development project.

5.72.050  Housing - Applications.

A.  The Portland Development Commission shall be responsible for receipt of applications and review and processing thereof, including, but not limited to, advice of bond counsel and legal advice. Applications shall be in a form established by the Portland Development Commission and shall include, in addition to other information deemed necessary by the Portland Development Commission:

1.  The applicant’s name, address and telephone number.

2.  A brief description of the applicant’s company history and past relevant performance.

3.  A legal description of the property upon which the project will be located.

4.  A detailed description of the project including the number, size and type of dwelling units; dimensions of structures; parcel size, proposed lot coverage with buildings, and amount of open space; type of construction; public and private access; parking and circulation plans; water, sewer, and other utility plans; landscaping; expected uses; and economic feasibility studies and market information including rent levels proposed.

5.  A description of the existing use of the property including a proposed relocation plan for any persons who would be displaced from existing housing by the project; and for any businesses which would be displaced.

6.  A site plan and supporting maps, which show in detail the development plan of the entire project, showing streets, driveways, sidewalks, pedestrian ways, off-street parking and loading areas; location and dimension of structures; use of the land and structure; major landscaping features; design of structures; and existing and proposed utility systems including sanitary sewers, storm sewers, water, electric, gas and telephone lines.

7.  Any other information required by law or otherwise which is reasonable and necessary to effectuate the purposes of this Chapter.

8.  The approximate amount of bond proceeds and allocation to eligible costs.

9.  An agreement to indemnify and hold harmless the Portland Development Commission and the City of Portland, its officers and employees, from any and all liability for loss or damage to the company or any third person or entity arising from or alleged to have arisen from the processing of this application or any error or omission in any official statement or representation related to the contemplated financing.

5.72.060  Housing - Initial Review, Standards.

A.  Upon receipt of an application, the Portland Development Commission shall review the application to determine whether the application should be further processed. In reaching such a determination, the Commission may request additional information from the applicant as well as assemble any and all data deemed relevant to the decision.

B.  The Portland Development Commission shall, after review and comment by all relevant City bureaus, recommend approval, approval with conditions, or denial of the application, after consideration of the following:

1.  The economic feasibility of the project, with and without the use of revenue bonds.

2.  The need for housing resulting from the project.

3.  The general benefits to the City of the proposed project.

4.  The City’s ability to supply or support other needed services required by the project.

5.  Employment and property tax income from the project.

6.  Suitability of the project as proposed in the specific proposed location.

7.  (Amended by Ord. No. 157998; Nov. 21, 1985.) Projects applying for permanent financing must be determined to provide housing at rent or price levels 85 percent of which shall be affordable by households with incomes up to 150 percent of the area median income.

8.  Projects in the downtown, particularly the RX Zone, designated urban renewal or redevelopment areas shall receive highest priority.

9.  Conformance with Internal Revenue Service Regulations and the Oregon Revised Statutes.

10.  No application shall be recommended for approval unless the Portland Development Commission, after review and comment by all relevant City bureaus, determines that the project does not conflict with adopted City plans and policies.

11.  Projects applying for construction financing may be at rent or price levels up to 150 percent of median income, but must have available a firm commitment for long-term project financing.

C.  No project may be approved which would result in the conversion of existing occupied residential rental units to condominium or cooperative projects.

D.  The applicant, to be eligible for financing assistance under this program, must agree not to discriminate against any purchaser or tenant who is a parent or legal guardian with whom a child resides or is expected to reside, except in projects designed exclusively for households, the heads of whom are over 62 years of age.

E.  Revenue bonds may be issued secured by revenues from mortgage payments from individual owners of condominium and cooperative units within multiple unit housing projects which are newly constructed, rehabilitated from other uses or rehabilitated in abandoned residential buildings. Applications for such projects shall be considered by the Portland Development Commission if:

1.  No individual or company may have more than one loan outstanding at any one time under this program for individual condominium or cooperative units.

2.  No mortgage loan funds under this program may be used for refinancing by existing owners, and no loans may be assumed by persons not eligible for condominium or cooperative units.

F.  The applicant shall submit a relocation plan for any households, individuals, or businesses which may be displaced by the proposed project. The Portland Development Commission will be responsible for analysis of that proposal and recommendation of that plan, that plan with amendments, or an alternative plan. The relocation plan shall assure that such households, individuals, or businesses are relocated to affordable housing of comparable or better quality.

5.72.070  Initial Determination of Eligibility, Final Approval, Appeals.

A.  The Portland Development Commission staff, within 60 days after a complete application is filed with the Commission, shall prepare a written recommendation of approval, approval with conditions or denial of the application.

B.  If Portland Development Commission staff recommends approval or approval with conditions of the application, the Commission shall, within 60 days of receipt of the application and recommendation, recommend by resolution that City Council approve, approve with conditions, or deny the application. This resolution shall include consideration of any required relocation plan. The Council shall, by resolution, approve, approve with conditions, or deny the application. Council approval or conditional approval of an application shall authorize the Portland Development Commission to process the application and to execute a letter of intent with the applicant.

C.  Final approval shall take place after receipt and review by the Portland Development Commission of all requested and required final documents. All documents to be approved by the Portland Development Commission must be received in final form and received by the Commission l4 days prior to a scheduled Commission meeting. If the Commission determines that the

documents comply with the rules and policies established within this Chapter, the Commission shall, by resolution, recommend issuance of the bonds in accordance with those final documents and further recommend that City Council adopt an ordinance authorizing issuance of the bonds in accordance with those documents.

D.  If the Portland Development Commission staff recommends denial of the application, they shall notify the applicant in writing. The applicant may appeal by filing written notice thereof with the Portland Development Commission staff within l4 days of receipt of the notice of rejection. Upon receipt of the appeal, the Portland Development Commission shall, within 45 days, recommend by resolution, approval, approval with conditions or denial of the appeal.

5.72.080  General Conditions; Document Preparation and Review.

(Amended by Ord. No. 166682, June 30, 1993.)

A.  The following general conditions prevail in the issuance of all industrial development revenue bonds:

1.  City of Portland economic development revenue bonds may be sold at public or private sale, and the bonds may mature at any time or times within the useful life of the project. For public sales, special approval may be required.

2.  Any bond authorized under this Chapter which is to be sold by public sale must be rated by either a nationally recognized rating agency as Investment Grade.

3.  Bonds sold through a private sale do not require a rating. For purposes of this Chapter, “private sale” means a sale of all of the bonds to persons or entities that qualify as “accredited investors” under 15 USC Section 77b (15) (I) or 17 CFR Section 230.215. The purchasers must also certify, in a manner satisfactory to the City, that they have the financial sophistication, knowledge and experience in financial matters to evaluate the investment in the bonds and the appropriateness of that investment for them, and that they have received all the information required to make an informed judgement about the purchase of the bonds. Bonds which are sold through a private sale may be resold or transferred only to persons or entities that qualify as accredited investors and that provide the certification described in the preceding sentence.

4.  The City of Portland does not guarantee the bonds and is not subject to any liability for their repayment.

5.  The terms and conditions of the issuance and purchase of an industrial revenue bond issue are to be agreed upon by the applicant and bond purchaser with the concurrence of the Portland Development Commission (acting on behalf of the City.)

6.  Where residential rental property is assisted under this Chapter, construction of the project must begin within 9 months from the date of bond issuance.

7.  Applicant will be required to keep the Portland Development Commission advised of the schedule for document preparation and approval, and to provide drafts of documents to the Commission upon request of the Commission.

B.  The following general conditions prevail regarding the preparation of all bond documents:

1.  Bond counsel will be designated by the Portland Development Commission. Procedures for selecting bond counsel established by Section 5.68.080 of this Code shall not apply to projects initiated pursuant to this Chapter. The applicant will submit their recommendation of bond counsel.

2.  Bond counsel will advise the Portland Development Commission of all federal and state procedural requirements as they apply to issuance of the bonds.

3.  Bond counsel must be an Oregon law firm or other mutually acceptable bond counsel recognized in the Bond Buyers Directory of Municipal Bond Dealers of the United States.

4.  The trustee chosen by the applicant, and approved by the Commission, must be a bank or trust company doing business in the State of Oregon with trust powers.

5.  All documents to be approved by the Portland Development Commission must be in final form and received by the Portland Development Commission l4 days before the Commission meeting at which it will be acted upon.

5.72.090  Application Processing, Financial Considerations.

A.  Upon receipt of a resolution approving the application, the Portland Development Commission shall consider:

1.  The bond market for the types of bonds proposed for issuance.

2.  The terms and conditions of the proposed issue.

3.  Whether the applicant is financially responsible and fully capable and willing to fulfill its obligations under the agreement of lease, or contract, including the obligation to pay rent in the amounts and at the times required, the obligation to operate, repair and maintain at its own expense the project leased, or sold, and to serve the purposes of this Chapter and such other responsibilities as may be imposed under the lease or contract. In determining financial responsibility of the applicant consideration shall be given to the lessee’s or purchaser’s ratio of current assets to current liabilities, net worth, earning trends, coverage of all fixed charges, the nature of the industry or business involved, its inherent stability, any guarantee of the obligations by some other financially responsible corporation, firm or person, and other factors determinative of the capability of the lessee or purchaser, financially and otherwise, to fulfill its obligations consistently with the purposes of this Chapter and Chapter 772, Oregon Laws of 1977 (ORS 280.410 to 280.485.)

4.  Such other relevant factors as the Development Commission considers necessary to protect the financial integrity of the City.

If the Development Commission shall determine that a bond issue is financially feasible it shall designate the underwriter, trustee and bond counsel and shall enter into appropriate agreements with each to carry out the provisions of this Chapter and Chapter 772, Oregon Laws of 1977 (ORS 280.410 to 280.485) subject to the approval of the Council pursuant to Section 5.72.110 of this Chapter. In reaching its determination, the Development Commission may appoint a Bond Review Committee to assist it in its deliberations, and may set administrative procedures from time to time as necessary.

5.72.100  Administrative Fees.

(Amended by Ord. No. 160540, 160608; and 166996, Sept. 29, 1993.)

A.  The applicant agrees to pay all applicable City and Portland Development fees and expenses associated with the application whether or not the bonds are issued. A minimum application fee of $500 shall be assessed to all projects at the time of filing the formal application with the Commission. In addition, the Commission shall be reimbursed in full for all direct and indirect costs incurred in the project. The fees shall be paid as follows:

1.  $500 at the time of filing a formal application with the Portland Development Commission.

2.  The balance at the time of closing of the bond issue. In the event the financing is not completed, costs incurred to date by the Commission shall be subject to immediate reimbursement.

B.  Upon issuance of the bond, the applicant will pay the Portland Development Commission a one-time issuance fee equal to seven dollars per 1,000 dollars of the face amount of the bonds for ongoing administration of the bonds. On bonds issued prior to March 23, 1988, the annual administration fee will henceforth be seventy-five cents per 1,000 dollars of the outstanding principal, billed yearly in advance. On bonds issued prior to March 23, 1988, the Portland Development Commission and applicants of outstanding issues may enter into an agreement to pay a one-time fee in lieu of the annual administration fee.

1.  For refunding bonds issued under ORS Chapter 290 for economic development projects, if the one-time issuance fee has been paid in accordance with subsection (b) for the bonds being refunded, and the Portland Development Commission determines the refunding will not generate additional ongoing administration costs, the fee or an equitable portion thereof may be waived. Nothing in this subsection (1), however, should be construed to eliminate or limit the applicant’s responsibility to pay all fees and expenses of the City and the Portland Development Commission described in subsection (a) of this section in connection with issuing the refunding bonds.

5.72.110  Bond Issuance.

Upon receipt of the recommendation of the Portland Development Commission, the Council may by ordinance authorize the issuance of bonds in an amount equal to the costs of the proposed project, pursuant to Chapter 772, Oregon Laws of 1977, if it determines that the proposed issue meets the requirements of said Act and this Chapter.

5.72.l20  Reporting Requirements.

A.  Beginning no later than l2 months following the issuance of bonds by the City, and continuing annually for a period as long as the bonds are outstanding, the Portland Development Commission shall require each project owner of the assisted project to submit a written report which describes:

1.  Number of current employees by job category.

2.  Total assessed value and property taxes paid during the most recent period for the assisted facility or facilities.

B.  In addition to the foregoing, owners of multi-family projects assisted under this Chapter are required to report annually the number of residential units occupied by individuals or families who, at the date of reporting, have low or moderate incomes.

Chapter 5.74

ACQUISITION OF ART

(Replaced by Ord. No. 161537, amended by

Ord. No. 168591, Mar. 8, 1995.)

Sections:

5.74.010  Purpose.

5.74.020  Definitions.

5.74.030  Dedication.

5.74.040  Public Art Trust Fund.

5.74.050  Disbursements.

5.74.060  Sitting.

5.74.070  Guidelines.

5.74.080  Ownership.

5.74.090  Decisions.

5.74.100  Implementation.

5.74.010  Purpose.

It is the purpose of this Chapter and the policy of the City of Portland to dedicate 1.33% of the Total Costs of all Improvement Projects to the selection, acquisition, siting, maintenance, administration, Deaccessioning, community education and registration of Public Art.

5.74.020  Definitions.

A.  As used in this Chapter:

1.  Improvement Project means any project paid for wholly or in part by the Participating Bureau in which the Participating Bureau’s contribution equals $100,000 or more, involving construction, rehabilitation, remodeling or improvement of any building, structure, park, public utility, street, sidewalk or parking facility or any portion thereof within the limits of the City of Portland.

2.  Improvement Projects funded by the following revenue sources are exempt from the requirements of this Chapter: private development revenue, federal and state grants, Street Light Levy Fund and Local Improvement District revenue, Water Operating Fund, Water Construction Fund, Sewer Systems Operating Fund and Sewer Systems Construction Fund.

3.  Improvement Projects which are developed privately and leased back to the City of Portland are not exempt from the requirements of this Chapter.

B.  Total Costs means the Participating Bureau’s contribution toward the price for completion of the Improvement Project. Total Costs does not include costs for: design and engineering, administration, fees and permits, building demolition, relocation of tenants, contingency funds, land acquisition, environmental testing or indirect costs, such as interest during construction, advertising and legal fees.

C.  Public Art means original visual creations which are sited in a manner accessible to the public and/or public employees.

D.  Public Art Trust Fund means the fund within the Regional Arts and Cultural Council into which all monetary contributions derived from Improvement Projects pursuant to this Chapter shall be deposited. Monetary contributions for Public Art originating from any other source shall also be deposited into the Public Art Trust Fund. The Public Art Trust Fund shall be divided into separate accounts if separate accounting is requested by the Participating Bureau.

E.  Participating Bureau means a City of Portland Bureau or Commission that is subject to this Chapter by virtue of its sponsorship of an Improvement Project.

F.  Selection Committee means the committee responsible for reviewing proposed Public Art and making recommendations to the Regional Arts and Cultural Council on the selection of Public Art. The Selection Committee shall be composed of a representative of the Participating Bureau, the Improvement Project architect or engineer, artists, a citizen and a Regional Arts and Cultural Council board member.

G.  Deaccessioning means relinquishing title to a work of Public Art.

5.74.030  Dedication.

Any City of Portland official or employee acting on behalf of a Participating Bureau who authorizes or appropriates expenditures for Improvement Projects of the Participating Bureau shall include in the capital improvement program of the City’s capital budget a monetary contribution for Public Art equal to 1.33% of the Total Costs of the Improvement Project. If funding for a particular Improvement Project is subject to legal restrictions that preclude Public Art as an object for expenditure, the portion of the Improvement Project that is funded with the restricted funds shall be exempt from the requirements of this Chapter.

5.74.040  Public Art Trust Fund.

The Regional Arts and Cultural Council shall maintain a special fund called the Public Art Trust Fund into which monetary contributions for Public Art shall be deposited.

A.  1.33 percent of the Total Costs of Improvement Projects shall be dedicated to Public Art and shall be deposited into the Public Art Trust Fund by the City official or employee acting on behalf of the Participating Bureau.

1.  One percent of the Total Costs of Improvement Projects shall be used by the Regional Arts and Cultural Council for costs associated with Public Art including, but not limited to the acquisition, siting, maintenance and Deaccessioning of Public Art.

2.  .33 percent of the Total Costs of Improvement Projects shall be used by the Regional Arts and Cultural Council for costs associated with Public Art, including, but not limited to costs of selection, administration, community education and registration of Public Art.

B.  Monetary contributions shall be deposited in separate accounts within the Public Art Trust Fund if separate accounting is requested by the Participating Bureau or required by law.

5.74.050  Disbursements.

Disbursements from the Public Art Trust Fund shall be made by the Regional Arts Cultural Council.

A.  Disbursements shall be made according to the terms of this Chapter and any guidelines adopted hereunder.

B.  If an Improvement Project is funded by revenue sources whose expenditure is restricted by the City Charter or other law, the Regional Arts Cultural Council, prior to making a disbursement for Public Art from such a restricted account in the Public Art Trust Fund, shall adopt written findings demonstrating that the proposed disbursement complies with all applicable restrictions.

C.  The Regional Arts Cultural Council will report annually to Participating Bureaus on the disbursement of money from the Public Art Trust Fund.

5.74.060  Siting.

Public Art selected pursuant to this Chapter may be sited in, on or about any Improvement Project or other property owned, leased, or rented by or to the City of Portland in accordance with any restrictions placed on siting by the Participating Bureau.

5.74.070  Guidelines.

The Regional Arts Cultural Council shall, after consultation with Participating Bureaus, adopt guidelines to:

A.  Provide for annual meetings with Participating Bureaus;

B.  Develop an annual plan for Public Art that takes into account the views of the Participating Bureau;

C.  Provide a method for the appointment of representatives to Selection Committees;

D.  Determine a method or methods of selecting and contracting with artists for the design, execution and siting of Public Art;

E.  Determine the dedication and disbursement process for the Public Art Trust Fund;

F.  Clarify the responsibilities for maintenance of Public Art, including any extraordinary operations or maintenance costs associated with Public Art, prior to selection;

G.  Facilitate the preservation of art objects, ethnic and cultural arts and crafts, and artifacts;

H.  Determine a process to Deaccession art;

I.  Set forth any other matter appropriate to the administration of this Chapter.

5.74.080  Ownership.

All Public Art acquired pursuant to this Chapter shall be acquired in the name of the City of Portland, and title shall vest in the City of Portland.

5.74.090  Decisions.

Except as limited by other sections of this Chapter, the Regional Arts Cultural Council’s decisions as to the selection, acquisition, siting, maintenance, disbursement of the Public Art Trust Fund, Deaccessioning, administration, community education and registration of Public Art shall be final.

5.74.100  Implementation.

The Regional Arts Cultural Council, or its designee, shall implement the provisions of this Chapter.