ORDINANCE No. 182453

Assess benefited properties for improvements in the Portland Streetcar Lowell Extension Local Improvement District (Hearing; Ordinance; C-10018)

The City of Portland ordains:

Section 1. The Council finds:

1.  The City Council stated its intent to initiate the formation of the Portland Streetcar Lowell Extension Local Improvement District (LID) to construct the improvements necessary to extend Portland Streetcar service from SW Gibbs Street to SW Lowell Street by the adoption of Resolution No. 36420 on June 21, 2006.

2.  The Council approved formation of the Portland Streetcar Lowell Extension Local Improvement District on July 26, 2006, by passage of Ordinance No. 180345.

3.  The LID boundaries are as set forth in Exhibit A, attached to this Ordinance.

4.  After a competitive process, Stacy and Witbeck, Inc. (SWI) was selected to provide pre-construction and construction services for extensions of Portland Streetcar from Portland State University to RiverPlace (Phase 3a Project), from RiverPlace to SW Gibbs Street (Phase 3b Project) and from SW Gibbs Street to SW Bancroft, subsequently revised to SW Gibbs Street to SW Lowell Street (Phase 3c Project).

5.  Total Phase 3c Project costs were $13.3 million and the Phase 3c Project was constructed in accordance with approved plans and specifications.

6.  Ordinance No. 108345 called for the City to develop a Transfer of Assessment Program (TAP), prior to notification of Final Proposed Assessments, enabling a property owner to assign a portion or all of the LID assessment on one or more properties to one or more other properties within the LID boundary owned by that property owner or another property owner agreeing to the assignment.

7.  On November 10 and 11, 2008, the City mailed a notice of the TAP to all property owners within the LID boundary. It described the program and indicated that anyone wishing to participate must inform the City by November 24, 2008.

8.  Exhibit B, attached to this Ordinance, is a listing of the properties within the LID boundary before any transfer; Exhibit C, attached to this Ordinance, indicates the property owner(s) wishing to participate in the TAP; and Exhibit D, attached to this Ordinance, is a revised list of the properties to be assessed, in accordance with the TAP.

9.  The total assessment amount is $4.8 million and is apportioned among benefited properties in the manner as set forth in Exhibit E, attached to this Ordinance.

10.  On November 25, 2008, the Portland Office of Transportation (PDOT) mailed notice of the December 17, 2008, final assessment hearing to owners of benefited property within the LID. Each property owner received a notification that stated the amount of the total proposed final assessment and the property owner’s share, as well as the methodology for calculating that share, of the total proposed final assessment. They also received notification of the time and location of the final assessment hearing conducted by the City Council and the deadline and procedure filing objections to the final assessment of the LID. The deadline to file objections to the final assessment was at 5:00 PM (PST) on December 10, 2008.

11.  Each parcel of land within the LID receives special benefit from the Phase 3c Project in the amounts as set forth in Exhibit F, attached to the original of this Ordinance only.

12.  PDOT submitted for publication two notices of the LID final assessment hearing in the Daily Journal of Commerce Portland Oregon on December 1, and December 2, 2008.

13.  The Council has considered any and all objections made by owners of benefited properties. The Council accepts the summary of objections and findings as set forth in Exhibit G, attached to this Ordinance, and adopts these findings as its own.

14.  This Ordinance provides for assessment of benefited properties for local improvements. Assessments for local improvements are not subject to the property tax limitation established by Article XI, Section 11b of the Oregon Constitution.

15.  In the event any finding or any directive within this Ordinance conflicts with any prior Council action involving this LID, the finding or directive from this Ordinance shall prevail.

NOW, THEREFORE, the Council directs:

a.  That any and all objections received are overruled and the assessment roll contained in Exhibit F to this Ordinance is hereby approved and adopted.

b.  The City Auditor to enter the assessment in the Docket of City Liens.

c.  The City Auditor to mail final assessment notices to all owners of benefited properties, as set forth in Exhibit F.

Passed by the Council, December 24, 2008  GARY BLACKMER

 Auditor of the City of Portland

Commissioner Sam Adams  By /s/ Emily Matasar

Prepared by: Vicky Diede:slg                

Date Prepared: 11-24-08                  Deputy

BACKING SHEET INFORMATION

AGENDA NO. 1764, 1803-2008

ACTION TAKEN:

DEC 17 2008 PASSED TO SECOND READING DEC 24 2008 9:30 A.M.

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 182453