Chapter 3.02
LOCAL IMPROVEMENT PROCEDURES
Sections:
I. GENERAL PROVISIONS
3.02.010 Definitions.
3.02.015 Initiation of Local Improvements; Resolution of Intention.
3.02.020 Notice of Hearing.
3.02.025 Hearing and Establishment of the District.
3.02.030 Remonstrance Against Formation of Local Improvement District.
3.02.035 Alternative Procedure for Initiating Local Improvements.
3.02.040 Creation of Local Improvement District.
3.02.045 Manner of Doing Work.
3.02.050 Construction of Improvements; Bids.
3.02.055 Costs and Expenses.
3.02.060 Method of Assessment; Alternative Methods of Financing.
3.02.065 Assessment Procedure.
3.02.070 Notice of Assessment.
3.02.075 Lien Records and Foreclosure Proceedings.
3.02.080 Errors in Assessment Calculations.
3.02.095 Installment Payment of Assessments.
3.02.110 Assessed Valuation Limitation.
3.02.111 Unimproved Land.
3.02.195 Withholding Building Permits for Delinquent Assessments.
3.02.200 Filing of Resolutions and Ordinances.
3.02.205 Deficit Assessments.
3.02.210 Rebates and Credits.
3.02.215 Abandonment of Proceedings.
3.02.220 Curative Provisions.
3.02.225 Reassessments.
3.02.230 Apportionment of Liens.
3.02.235 Interpretation.
II. ALTERNATIVE METHOD FOR CREATING LOCAL IMPROVEMENTS
3.02.500 Findings and Purpose.
3.02.505 Definitions.
3.02.510 Alternative Method to Cause and Finance Improvements.
I. GENERAL PROVISIONS
3.02.010 Definitions.
As used in BC 3.02.010 through 3.02.235 the following mean:
Local improvement -
A. The grading, graveling, paving or other surfacing of any street, or opening, laying out, widening, extending, altering, changing the grade of or constructing any street;
B. The construction or reconstruction of sidewalks;
C. The installation of street lights;
D. The installation of underground wiring or related equipment;
E. The reconstruction or repair of any street improvement mentioned in this subsection;
F. The construction, reconstruction or repair of any sanitary or storm sewer or water main;
G. The acquisition, establishment, construction or reconstruction of any off-street motor vehicle parking facility;
H. The construction, reconstruction, alteration, relocation or repair of any flood control dike, dam, floodway, or drainage facility;
I. The construction, reconstruction, installation and equipping of a park, playground or neighborhood facility;
J. Any other local improvement for which an assessment may be made on the property specially benefited.
Local improvement district – The property which is to be assessed for the cost or part of the cost of local improvement and the property on which the local improvement is located.
Lot – A lot, block or parcel of land.
Owner – The record holder of legal title or where land is being purchased under a land sale contract recorded or verified in writing by the record holder of legal title to the land, the purchaser.
Unimproved land – A parcel within a proposed district for which the true cash (market) value of the land is greater than or equal to the true cash (market) value of the improvements thereon, as shown by Washington County’s current assessment roll. Added by Ordinance No. 3466, 9/17/85.
3.02.015 Initiation of Local Improvements; Resolution of Intention.
A. Whenever the Council considers it necessary to make a local improvement to be paid for in whole or in part by special assessment according to benefits conferred, or when the owners of one-half of the property to benefit specially from the local improvement, by written petition request the Council to make a local improvement, the Council by resolution (hereinafter referred to as the “resolution of intention”) shall declare its intention to make the local improvement.
B. The resolution of intention shall:
1. describe the general nature, location and extent of the proposed local improvement and of the proposed local improvement district;
2. declare the Council’s intention to make the improvement;
3. indicate the method and manner of carrying out the improvement;
4. contain an estimate of the probable total cost of the improvement;
5. indicate the method of assessment to be used to arrive at a fair apportionment of the whole or any portion of the cost of the improvement to the properties specially benefited;
6. set a public hearing on the improvement; and
7. direct that notice be given of the proposed improvement and of the public hearing.
C. The resolution of intention may include alternative proposals relating to a proposed local improvement; provided, however, that all of the information required for a particular local improvement shall be included for each alternative proposal.
3.02.020 Notice of Hearing.
A. After adoption of the resolution of intention, the city recorder shall cause notice of the proposed improvement and of the public hearing to be given by one publication not less than ten days prior to the public hearing in a newspaper of general circulation within the City and by mailing copies of the notice by registered or certified mail to the owner of a lot affected by the proposed improvement.
B. The notice shall contain:
1. a general description of the proposed local improvement and the property to be specially benefited thereby. The description of property need not be by metes and bounds but shall be such that an average person can determine from it the general location of the property;
2. an estimate of the total cost of the improvement and the portion anticipated to be paid for by special assessments;
3. the date, time and place of the public hearing;
4. a statement of a place where preliminary project design and other additional information concerning the improvement is available to the public; and
5. any other information the Council may direct to be included.
C. Any mistake, error, omission or failure with respect to mailing of notice shall not be jurisdictional or invalidate the local improvement proceedings.
3.02.025 Hearing and Establishment of the District.
A. At the time of the public hearing the Council shall hear and consider testimony, both oral and written, on the proposed local improvement and may continue the hearing as it deems necessary. After the hearing the Council may order the local improvement to be made. If the Council orders the improvement, it shall, within 90 days after the date of the hearing, provide by resolution (hereinafter establishment resolution) for the establishment of the local improvement district and the construction of the improvement.
B. If the proposed improvement was petitioned for by one-half of the benefited property owners, the Council may refuse to proceed with the improvement if the proposed improvement is untimely or not in the best interests of the City.
C. At the public hearing, the Council may direct a modification of the proposed local improvement by revising the scope of the improvement, by reducing or enlarging the local improvement district which it deems will be benefited by the improvement, or by making such other modifications in the proceedings as it finds reasonable.
D. If the Council:
1. modifies the scope of the improvement so that the assessment is likely to be increased upon one or more lots, or
2. enlarges the local improvement district, or
3. causes a substantial change in any of the particulars contained in the resolution of intention; then a new resolution of intention shall be adopted, new estimates made and new notices mailed to the owners within the proposed local improvement district. However, no new publication shall be required.
3.02.030 Remonstrance Against Formation of Local Improvement District.
A. Except in the case of a water or sewer improvement declared by the Council to be needed at once because of an emergency, if written, signed objections or remonstrances to the establishment of a local improvement district are filed with the recorder by the end of the public hearing on the establishment of the district by the owners of land which bears 60 percent of the estimated assessed cost of the proposed local improvement, the Council shall abandon the establishment of the district and not reinitiate its establishment for six months.
B. If there is a multiple ownership in a parcel of land (as, for example, in the case of tenancy in common, joint tenancy or tenancy by the entirety), each remonstrating multiple owner shall be counted as a fraction to the same extent as the owner’s interest in the land bears in relation to the other multiple owners, and the same fraction shall be applied to the parcel’s proposed assessment for purposes of computing the remonstrance.
C. Any person acting as agent or attorney with power to act in signing a remonstrance shall, in addition to describing the property affected, file with the remonstrance a copy in writing of the authority to represent the owner of the property.
3.02.035 Alternative Procedure for Initiating Local Improvements.
When all of the owners of property to be benefited and assessed for a local improvement have signed a petition directed and presented to the Council requesting the local improvement, the Council may initiate and construct the local improvement without publishing or mailing notice to the owners of the affected property and without holding a public hearing regarding the proposed local improvement. Petitioners for a local improvement shall be liable for all costs of the improvements including costs incurred prior to abandonment pursuant to BC 3.02.215, except as otherwise provided by Council. Petitioners’ liability shall be both personal and secured by a lien on the property. [BC 3.02.035, amended by Ordinance No. 3466, 9/17/85]
3.02.040 Creation of Local Improvement District.
The Council by an establishment resolution shall provide for the establishment of the local improvement district and making the local improvement in substantial conformity with the proposal set forth in the resolution of intention.
3.02.045 Manner of Doing Work.
Local improvements may be made in whole or in part by the City, by another governmental agency, by contract or by any combination thereof.
3.02.050 Construction of Improvements; Bids.
A. Immediately after the effective date of the establishment resolution the city engineer shall cause necessary rights-of-way and easements to be acquired and the improvement to be made in accordance with the terms of the establishment resolution if the work is to be performed by the City or another governmental agency. If any part of the work of the improvement is to be done under contract bids, the city engineer shall cause detailed plans and specifications to be prepared and filed and notice calling for bids to be published in a newspaper of general circulation within the City not less than five days prior to the opening of bids.
B. Except as otherwise exempted by State law, Charter, City ordinance, Code provisions or rule, contracts for all or part of the work of the local improvement may be let by the Council to the lowest responsible bidder whose bid is in the best interests of the City as determined by the Council. The Council may reject any or all bids when they are deemed unreasonable or unsatisfactory. If the Council rejects all bids, it may direct the city engineer to readvertise for bids or direct the work to be performed by City forces. The City shall provide for security on all contracts for the faithful performance of any contract let under its authority, and the provisions of the security in case of default shall be enforced by an action in the name of the City.
C. If the Council finds on opening bids for the work of the improvement, that the bid in the best interest of the City is substantially in excess of the city engineer’s estimate, it may, provide for holding a special hearing to consider objections to proceeding with the improvement on the basis of the bid.
3.02.055 Costs and Expenses.
The costs and expenses of local improvements that may be assessed against the property specially benefited by the improvement shall include, but not be limited to: the cost of construction and installation of the improvement; advertising, legal, administrative, survey, engineering, notice, supervision, materials, labor, contracts, equipment, inspection and assessment costs; financing costs, including interest charges; the costs of any necessary property, right-of-way or easement acquisition and condemnation proceedings; attorneys’ fees and any other necessary expenses.
3.02.060 Method of Assessment; Alternative Methods of Financing.
A. The Council in adopting a method of assessment of the costs of any local improvement may;
1. use any reasonable method of determining the extent of the local improvement district consistent with the benefits derived;
2. use any reasonable method of apportioning the sum to be assessed between the properties determined to be specially benefited;
3. authorize payment by the City of all or part of the costs of a local improvement when in the opinion of the Council the topographical or physical conditions, or unusual or excess public travel or use, or other character of the work involved warrants only a partial payment or no payment by the benefited property of the costs of the local improvement.
B. Nothing contained in BC 3.02.010 through 3.02.235 shall preclude the Council from using other available means of financing local improvements, including federal or State grants-in-aid, water or sewer fees or charges, revenue or general obligation bonds, issuance of general obligation improvement warrants for interim financing of construction, or any other legal means of financing. If other legal means of financing local improvements are used, the Council may levy special assessments according to the benefits derived to cover any remaining part of the costs of the local improvement.
3.02.065 Assessment Procedure.
A. When the estimated cost of an authorized local improvement has been ascertained on the basis of the city engineer’s estimate of costs, on the award of a contract or on any other basis acceptable to the Council, or after the work has been completed and the actual cost thereof has been determined, the city recorder, or any other person as the Council may direct, shall prepare the proposed assessments to the lots within the local improvement district, and shall file them in the office of the city recorder and shall submit them to the Council. The submission shall be in the form of a proposed resolution (hereinafter “assessment resolution”).
B. On the receipt of the proposed assessments, the Council shall, after any modifications, adopt an assessment resolution directing notice of the proposed assessments to be mailed or personally delivered to the owners of the lots proposed to be assessed or if personal service cannot be had, then by publication once a week for two consecutive weeks in a newspaper of general circulation in the City and containing the following information:
1. the name of the owner, the description of the property assessed, the total estimated or actual project cost assessed against benefited property and the amount of the assessment against the described property;
2. a date and time by which written objections to the proposed assessment stating specifically the grounds for objection must be received and the date, time and place of a public hearing at which the Council will consider objections;
3. a statement that the assessment in the notice or as it may be modified by the Council will be levied by the Council after the hearing and that the assessment then will be charged against the property and be immediately payable in full or in installments, if applicable.
C. Supplementary notice of the proposed assessment and public hearing on it, in form and content to be determined by the city recorder, may also be published or posted by the city recorder.
D. The Council shall hold the public hearing on the proposed assessments to consider those objections filed in writing and may adopt, correct, modify or revise the proposed assessments. The Council shall determine the amount of assessment to be charged against each lot within the local improvement district according to the special and peculiar benefits accruing thereto from the improvement, and shall by ordinance spread the assessments.
3.02.070 Notice of Assessment.
A. Within ten days after the effective date of the ordinance levying the assessments, the city recorder shall send by registered or certified mail, to the owner of the assessed property a notice containing the following information:
1. the date of the ordinance levying the assessment, the name of the owner of the property assessed, the amount of the specific assessment and a description of the property assessed;
2. a statement that an application may be filed to pay the assessment in installments in accordance with the provisions of BC 3.02.095;
3. a statement that the entire amount of the assessment, less any part for which application to pay in installments is made, is due within 30 days of the date of the notice and, if unpaid on that date, will accrue interest and subject the property to foreclosure.
B. Supplementary notice of assessment, in form and content to be determined by the city recorder, may also be published or posted by the city recorder.
3.02.075 Lien Records and Foreclosure Proceedings.
After passage of the assessment ordinance by the Council, the finance director shall prepare a statement of amounts assessed on each particular lot, parcel of land or portion thereof, together with a description of the improvement, the name of the owners and the date of the assessment ordinance and shall make the entry on the City lien docket. On entry in the lien docket, the amount entered shall become a lien on the respective lots, parcels of land or portions thereof, which have been assessed for the improvement. All assessment liens of the City shall be superior and prior to all other liens and encumbrances on property, as permitted by State law. Interest shall be charged on all amounts not paid within 30 days from the date of the letter notifying the owner of the ordinance levying the assessment. Unless otherwise provided by Council resolution the rate of interest shall be as provided by BC 1.01.020 or at the interest rate established for the last Bancroft Bond sale, whichever is higher. After the expiration of 30 days, the City may foreclose or enforce collection of assessment liens in the manner provided by State law. However, the City may enter a bid for the property being offered at a foreclosure sale, which bid shall be prior to all bids except those made by persons who would be entitled under State law to redeem such property.
3.02.080 Errors in Assessment Calculations.
Claimed errors in the calculation of assessments shall be brought to the attention of the finance director, who shall determine whether there has been an error in fact. If the finance director finds that there has been an error in fact, the finance director shall recommend to the Council an amendment to the assessment ordinance to correct the error. On enactment of an amendment, the finance director shall cause the necessary correction to be made in the City lien docket and shall cause a corrected notice of assessment to be sent by registered or certified mail.
3.02.095 Installment Payment of Assessments.
The Bancroft Bonding Act (ORS 223.205 et seq.), excluding ORS 223.220 shall apply to assessments levied in accordance with BC 3.02.010 through 3.02.235, except to the extent the terms of the State law are inconsistent with the terms of the City’s Code in which case the City’s Code shall prevail. Unless otherwise provided in the particular assessment ordinance, the owner of property assessed for a local improvement in the sum of $500.00 or more at any time within thirty (30) days after notice of the assessment is first mailed (or within the time as the Council may from time to time establish) may file with the finance department a written application to pay the whole of the assessment in equal semiannual installments, together with interest over a period not to exceed twenty (20) years as the City Council may provide. The interest shall be at the Oregon prime rate as determined by the finance director, until the sale of bonds encompassing the assessment and thereafter at a rate set by the Council, reflecting changes in the bond market and any other costs associated with the assessment or bonding process. Assessed property owners paying the prime rate and subject to adjustment in rate by the Council shall be allowed a credit or debit on future interest payments to reflect a decreased or increased interest rate. Such adjustment in interest rate shall be made by a method determined by the finance director and shall then apply to unpaid installments on the assessment. Notice of the rate adjustment shall be given by mail to the affected applicant and property owner. [BC 3.02.095, renumbered and amended by Ordinance No. 3413, 10/23/84]
3.02.110 Assessed Valuation Limitation.
No application to pay in installments shall be received and filed if the amount remaining unpaid upon such assessment together with the unpaid balance of any previous assessments for improvements and taxes against the same property equals or exceeds 100 percent of any of the following: 1) the assessed valuation of the property as shown by the last County tax roll, or 2) the fair market value of the property as shown by an appraisal performed within one year of the application performed by an independent qualified appraiser acceptable to the City who is a member of the American Institute of Real Estate Appraisers (MAI) or Society of Real Estate Appraisers (SREA), or 3) the fair market value of the property as determined by the finance director using any reliable evidence of value. [BC 3.02.110, added by Ordinance No. 3408, 9/17/84; renumbered by Ordinance No. 3413, 10/23/84; amended by Ordinance No. 3421, 12/4/84; amended by Ordinance No. 3466, 9/17/85]
3.02.111 Unimproved Land.
A. This section shall apply in addition to the other provisions of this Code, to local improvement districts meeting one or more criteria in subsection B, below. In case of conflict between the other provisions of this Code and this section, the latter shall govern.
B. The purpose of this section is to minimize the risk of default and other financial risk to the City. Prior to the formation of a local improvement district the city engineer or the city engineer’s designee shall cause each proposed district to be evaluated and a written report to be made which identifies whether any of the following criteria apply:
1. whether there are one or more parcels of 10 or more acres or an owner with parcels which in aggregate exceed 10 acres;
2. whether unimproved land bears more than 50 percent of the estimated assessed cost of the improvement;
3. whether property within the district is owned by six or fewer unrelated persons and the estimated cost of improvement is in excess of $100,000;
4. whether the primary purpose of the district is to serve new development rather than serving existing development and infill.
5. whether the local improvement district was initiated by petition pursuant to BC 3.02.035. The finance director shall review the city engineer’s report and determine whether the proposed district meets one or more of the above criteria, and for this reason presents a potential financial risk to the City. If such risk is present, then this section shall apply in addition to the other provisions of this Code.
C. A property owner within a proposed district who disputes the finding that the district meets one or more of the criteria in subsection B may appeal the determination within five days to the mayor, who shall render a written decision within seven days. The property owner may appeal the mayor’s decision within five days of receipt of the written decision to the Council. The decision of the Council shall be final.
D. When a proposed local improvement district meets one or more of the criteria in subsection B, each owner of unimproved land and any other property owner within the proposed local improvement district that may be required by Council resolution, shall submit:
1. a financial statement no more than six months old audited by an independent certified public accountant; and
2. one of the following:
a. bank references;
b. the three most recent years’ federal income tax statements; or
c. a credit report from a major credit bureau.
3. proof of payment of all current and prior years real property taxes, interest and penalties collectible by Washington County for their property within the district.
4. cash or a certified check in the amount of $450.00 per owner submitted as a fee to cover the administrative costs for processing the proposed local improvement district. No petition shall be accepted by the City until this fee is submitted. The fee is not refundable unless the local improvement district is formed and assessments are levied, then the fee shall be returned to the petitioner and added to the actual costs of the local improvement district. This fee may be raised or lowered by Council resolution based upon a reasonable estimation of the costs to be incurred by the City.
E. Upon the City’s receipt of the information required by subsection D, the financial statement shall be reviewed by a certified public accountant selected by the City for purposes of determining the owner’s financial ability to pay for the estimated assessment in the proposed local improvement district. The City’s certified public accountant shall present an evaluation to the City. The City may prescribe specific standards upon which to base this evaluation. The petition shall not be accepted by the Council until all the information required has been received by the City.
F. A feasibility report shall be prepared by the city engineer which shall disclose all relevant financial aspects of the proposed local improvement district which will include:
1. the current value of the property as described in BC 3.02.110 in the proposed local improvement district in comparison to the estimated local improvement district cost;
2. a statement of compliance with BC 3.02.110;
3. a listing of any existing, contemporaneous or expected local improvement district assessments;
4. a statement of whether the property is planned to be resold or leased and the expected timing of these transactions;
5. any other conditions or expected conditions which are likely to affect the value of the land or the security of the City.
G. 1. each applicant required to comply with subsection D, above, who applies for installment payment shall deposit with the City or at a bank for the benefit of the City, cash, an irrevocable letter of credit, or securities from the list in ORS 279.420(5) and administrative rules thereunder, in the amount of ten percent or more of the expected assessment against the property. Any interest or increase in value in posted securities shall be the property of the applicant. If any installment is not paid when due, the City may redeem the securities for the amount due. When the assessments have been paid in full, the City shall release the securities to the applicant. In the event property within a proposed local improvement district qualifies pursuant to an improved property analysis as provided in BC 3.02.110, subsection 4, additional securities shall be provided in the form stated above equal to 100 percent of the difference between the highest value of the property as described in BC 3.02.110, subsections l, 2 or 3, and the estimated improvement costs.
2. Each applicant for payment of an assessment against an unimproved land parcel shall remain liable for the amount financed in the application, regardless of the subsequent disposition of the property. If the property is sold, the original applicant’s liability shall be for any installment debt not satisfied out of foreclosure and sale of the property. The applicant shall be jointly liable with the subsequent owner for any debt not satisfied out of foreclosure and sale proceeds.
3. A subsequent purchaser may submit to the finance director the information required in subsection D of this section. If, upon analysis of this information, the finance director determines that the subsequent purchaser meets the financial criteria, the finance director shall so inform the Council. Upon completion of an application for installment payment and deposit of security as provided in subsection F of this section, the Council may order the release of the original applicant from liability for the installment debt. [BC 3.02.111, added by Ordinance No. 3466, 9/17/85]
3.02.195 Withholding Building Permits for Delinquent Assessments.
If payments on assessments made against real property are delinquent, no building permit shall be issued by the City for the improvement of the real property. The City shall develop and implement procedures for determining at the time of building permit application the status of payments on assessed real property. The decision to refuse to issue a building permit shall be in writing and may be appealed to the Council if written notice of appeal is filed with the city recorder not more than ten days following the date of the decision by the department. [BC 3.02.195, renumbered by Ordinance No. 3413, 10/23/84]
3.02.200 Filing of Resolutions and Ordinances.
The city recorder shall file copies of the resolution establishing the local improvement district and the assessment ordinance with the director of records and elections of Washington County; however, failure to file the resolution or ordinance shall not invalidate or affect any proceedings in connection with the local improvement district and shall not impose any liability on the City or any official, officer or employee of the City. [BC 3.02.200, renumbered by Ordinance No. 3413, 10/23/84]
3.02.205 Deficit Assessments.
If the initial assessment has been made on the basis of estimated cost and if on the completion of the improvement the actual cost is found to be greater than the estimated cost, the Council may make a deficit assessment of the additional cost. Assessments on the respective lots within the local improvement district for the proportionate share of the deficit shall be proposed, notices sent, a public hearing held and opportunity for objections considered. Determination of the assessment against each particular lot, block or parcel of land shall be made as in the case of the initial assessment and the deficit assessment spread by ordinance. The deficit assessments shall be entered in the City lien docket, notices published and mailed and the collection of the assessment made in accordance with the provisions of BC 3.02.010 through 3.02.235 relating to the original assessment. [BC 3.02.205, renumbered by Ordinance No. 3413, 10/23/84]
3.02.210 Rebates and Credits.
If assessments have been made on the basis of estimated cost, and if on completion of the improvement project the cost is found to be less than the estimated cost, the Council shall ascertain and declare the assessments, by ordinance, and when so declared the finance director shall:
A. Enter the over-assessed amounts on the City’s lien docket, as a reduction of the property owner’s original assessment lien;
B. Recompute all past principal and interest installment billings as though the actual cost of improvements were known at the time of the original assessment, and the differences between the original installment billings and the recomputed installment billings shall be entered into the City’s lien docket as an adjustment to the property owner’s reassessed assessment lien account. In the event that payments have been made on all or part of the original installment billings and the amount paid exceeds the total recomputed installment amount due, the person that paid the original assessment or the person’s legal representative or successor may apply for a cash refund. To receive a cash refund a written request must be received by the finance director within 30 days after passage of the re-assessment ordinance;
C. In the event that the original assessment has been paid in full before passage of the re-assessment ordinance by Council, the person who paid the original assessment or the person’s legal representative or successor shall be entitled to a cash refund of the excess amount paid. [BC 3.02.210, amended by Ordinance No. 3353, 12/20/83; renumbered by Ordinance No. 3413, 10/23/84]
3.02.215 Abandonment of Proceedings.
The Council shall have full power and authority to abandon and rescind proceedings for local improvements made pursuant to BC 3.02.010 through 3.02.235 at any time prior to the final completion of the improvements.
A. If the local improvement district has been formed in a manner other than by BC 3.02.035, and if liens have been assessed upon any property under the procedure, they shall be canceled, and payments made on the improvements shall be refunded to the person, or the person’s assigns or successors, paying the same to the extent the payments exceed the cost of improvements which specially benefit the property as determined by reassessment. The Council may reassess property in the improvement district based upon the costs of the special and peculiar benefits accruing thereto from any improvement made prior to abandonment of the proceedings or may recover the cost of the improvements by any other method authorized by law.
B. If the local improvement district was formed pursuant to BC 3.02.035, the finance director shall determine the special and peculiar benefits accruing to property within the district. The liens created by the original assessment shall remain in effect until the amount determined by the finance director to represent the special and peculiar benefits accruing to the property after abandonment has been paid. In addition, the City may recoup the costs of the special and peculiar benefits in any manner provided by law. The obligation to repay the cost of those benefits is a personal obligation of the petitioner and is secured by a lien on the property. [BC 3.02.215, renumbered by Ordinance No. 3413, 10/23/84; amended by Ordinance No. 3466, 9/17/85]
3.02.220 Curative Provisions.
No improvement assessment shall be rendered invalid by a failure to have all of the information required to be in any city engineer’s or city recorder’s report, the establishment resolution, the assessment ordinance, the City lien docket or notices required to be published, mailed or posted; nor by the failure to list the name of, or mail notice to, the owner of any property as required by BC 3.02.010 through 3.02.235; nor by reason of any other error, mistake, delay, omission, irregularity, or other act, jurisdictional or otherwise, in any of the proceedings specified, unless it appears that the assessment is unfair or unjust in its effect upon the person complaining. The Council shall have the authority to remedy and correct all the matters by a reassessment. [BC 3.02.220, renumbered by Ordinance No. 3413, 10/23/84]
3.02.225 Reassessments.
A. When all or part of any assessment for any local improvement has been or shall be declared void or set aside for any reason or its enforcement refused by a court having jurisdiction, or whenever the Council is in doubt as to the validity of all or a part of such assessment, the Council may make a new assessment or reassessment in the manner provided by State law.
B. For purposes of this section, the term “assessment” includes deficit assessments and reassessments. [BC 3.02.225, renumbered by Ordinance No. 3413, 10/23/84]
3.02.230 Apportionment of Liens.
A. When a portion of a single tract or parcel of real property is partitioned or divided in accordance with applicable land use laws or when the ownership of a portion of a single tract of real property less than the entire tract is transferred or a portion is conveyed by a long term lease that is at least ten years in duration, a lien against the real property in favor of the City shall be apportioned upon compliance with the terms of this section.
B. Applications for the apportionment of liens shall be made to the finance director describing the tract to be segregated. The application must be completed by the owner, mortgagee, lienholder or tenant having an interest in the parcel. When the deed, mortgage or other instrument evidencing the applicant’s ownership or other interest in the parcel has not been recorded by the county clerk of the county in which the parcel is situated, the City shall not apportion the special assessment unless the applicant files a true copy of that deed, mortgage or instrument with the City.
C. The finance director shall compute the apportionment whenever the special assessment remains wholly or partially unpaid, and full payment or an installment payment is not due. The apportionment shall be calculated on the same basis as it was originally computed. The apportionment shall be entered in the City lien docket. However, no apportionment shall be made unless each part of the original tract of land after the apportionment has a true cash value, as determined from a certificate of the county assessor or appraisal of a qualified appraiser, of 120 percent or more of the amount of the lien as applied to each tract apportioned. The valuation must be determined within one year prior to the date of the application.
D. When a special assessment is being paid in installment under the Bancroft Bonding Act and a request to apportion is authorized, the remaining installments not yet due shall be prorated among the smaller parcels so that each parcel shall be charged with that percentage of the remaining installment payments equal to the percentage of the unpaid assessment charged to the parcel upon apportionment.
E. Apportionment of a special assessment under this section shall be done in accordance with a resolution of the Council. The resolution shall describe each parcel of real property affected by the apportionment, the amount of the assessment levied against each parcel, the owner of each parcel and such additional information as is required to keep a permanent and complete record of the assessments and payments.
F. An application shall not be processed until the applicant pays a fee to defray the costs of evaluating the application. The amount of the fee shall be set by Council resolution. [BC 3.02.230, amended by Ordinance No. 3356, 2/1/84; renumbered by Ordinance No. 3413, 10/23/84]
3.02.235 Interpretation.
The provisions of BC 3.02.010 through 3.02.235 shall apply to all future local improvement districts and, to the extent further actions or proceedings may be required, to all existing districts. [BC 3.02.235, renumbered by Ordinance No. 3413, 10/23/84]
II. ALTERNATIVE METHOD FOR CREATING LOCAL IMPROVEMENTS
3.02.500 Findings and Purpose.
A. The Council finds that the rapid rate of development in the Beaverton area has led to the need to provide urban public services in areas which are currently of a rural or underdeveloped nature. Property located in these areas is often owned by individuals with highly diversified interests. Often these interests are divided between those who seek current development and those who oppose development. It is recognized by the City that traditional methods of implementing public improvements, through local improvement districts or by requiring capital improvements as a condition of development, may not provide the flexibility necessary to avoid forcing development on those who do not want it or exacting from developers costs which may exceed the amount reasonably related to the demand on public facilities caused by the development.
B. The Council further finds that Charter Section 38 and home rule authority provide authority for implementing alternative methods of making and financing public improvements.
C. The Council further finds that the purpose of BC 3.02.500 through 3.02.510 is to provide an equitable method to implement current essential public facilities and to implement other facilities, as necessary or convenient, at the time further development requires.
D. This method of causing and financing public improvements is intended to allow owners of parcels within the zone of benefit to elect to join in the formation of a local improvement district or to contribute to the improvements at the time their parcel develops. Those parcels subject to a waiver of remonstrance will be required to join the local improvement district, if the City so elects.
E. The Council further finds that the construction of public improvements by those who participate in the local improvement district formed pursuant to this section will benefit all parcels within the zone of benefit and that the construction of improvements through the local improvement district will give rise to a reciprocal obligation of those who later develop to fairly contribute to public improvements both on and off site of the developing property.
3.02.505 Definitions.
For the purpose of BC 3.02.500 through 3.02.510 the following mean:
Contribution – A lump sum payment to the City, which funds shall be kept separate from other City funds, and which will accrue interest and which are used for the sole purpose of financing public improvements within the zone of benefit; or participation in a local improvement district; or a waiver of remonstrance; or actual construction of public improvements within the zone of benefit.
Development -
A. The establishment of a use of any parcel of land involving the construction or the placing of a structure on a parcel that was prior to that event not occupied by any structure;
B. Any alteration or change in use which increases the number of parking spaces required pursuant to the Development Code;
C. Dividing land into two or more parcels including partitions and subdivisions and creating or terminating a right of access.
Public improvement – Has the meaning given the term “local improvement” by ORS 223.387.
Zone of benefit – The area which is determined by the Council to derive a benefit from a local improvement district formed pursuant to this section and includes property which will utilize or has opportunity to utilize improvements caused and financed by the owners in the local improvement district.
3.02.510 Alternative Method to Cause and Finance Improvements.
A. Whenever a public hearing has been held for the purpose of forming a local improvement district and it is determined that the Council has jurisdiction to form the district based upon State law, Charter and Code provisions but chooses not to form the district for any reason deemed to be in the best interests of the City, public or district landowners, the Council in addition to any other alternative may by resolution form a new district, which district need not be made up of contiguous properties, of those landowners in favor of the district or who have previously waived remonstrance. The assessment of such district shall be in accordance with current Code provisions. Improvements made through the local improvement district may extend beyond the boundaries of the parcels within the district. Participation in the local improvement district will exempt the owner from further contribution to public improvements within the zone of benefit for improvements listed in the resolution declaring responsibilities for properties in the zone of benefit.
B. In addition to the formation of the district, the Council by a resolution entitled “Resolution Declaring Responsibilities for Properties in the Zone of Benefit” shall:
1. establish a zone of benefit;
2. determine the minimum level of public improvements to be constructed and financed by those within the zone;
3. determine the current estimated cost of the public improvements;
4. spread the costs amongst the parcels within the zone upon a rational formula and exempt parcels for which no additional public improvements are or will be required;
5. establish a method to fix the costs over time;
6. determine alternative methods of contribution for those within the zone, if appropriate;
7. specify that obligations created by the resolution forming the zone of benefit are not a substitute for and do not release responsibilities for paying regularly required systems development taxes, connection charges, or permit fees nor does it affect, reduce or offset any other cost, obligation or requirement associated with development of property within the zone.
8. specify that the charge, participation or construction required by the terms of the resolution forming the zone of benefit is a precondition of receiving the first City permit applicable to any development within the zone;
9. set a date at which the obligation required of the resolution forming the zone of benefit ceases or if none is specified, it shall be perpetual.
10. a. direct the city recorder to mail a copy of the resolution declaring responsibilities for properties in the zone of benefit to each affected landowner; and,
b. direct the city recorder to file a copy of the resolution declaring responsibilities for properties in the zone of benefit to the director of records and elections of Washington County; however, failure to file or mail the resolution shall not invalidate or affect any proceedings in connection with the local improvement district or zone of benefit and shall not impose any liability on the City or any official office or employee of the City. [BC 3.02.500 through 3.02.510, added by Ordinance No. 3410, 9/24/84]