Chapter 12.08 PUBLIC IMPROVEMENTS

The city adopts by reference the construction standards set forth by the Oregon Section of the American Public Works Association, the American Water Works Association and, when applicable, the Uniform Building Code and Oregon Plumbing Code. Where conflicting standards arise between the above institutions, then the more restrictive shall apply. (Ord. 847 Art. 3, 1987).

Article II. Local Improvement Districts

12.08.015 Definitions.

The following definitions apply unless inconsistent with the context:

A. “Local improvement district (LID)” means the area determined by the council to be specially benefited by a local improvement, within which properties are assessed to pay for the cost of the local improvement.

B. “Nonremonstrance agreement” means a written agreement with the city, executed by an owner or the owner’s predecessor in title, waiving the right of an owner to file a remonstrance.

C. “Remonstrance” means a written objection to the formation of an LID filed by an owner of property within a proposed LID. (Ord. 26-04 § 1 (Exh. A), 2026).

12.08.020 Initiation of proceedings.

A. Whenever the council deems it expedient or necessary to create or develop any local improvement for which it is anticipated that special assessments may be levied, it will by resolution declare its intention to initiate such improvement and direct that an engineering study of the project occur resulting in a written project report, a copy of which will be made available for public inspection at the recorder’s office.

B. Whenever the city has expended funds for the construction of any local improvement and the council subsequently deems it expedient to initiate an LID in order to levy special assessments against the property benefited by such local improvement, it will by resolution declare its intention to initiate such improvement district and direct that the final plans of this public improvement, as constructed, together with a written project report, will be made available for public inspection at the recorder’s office.

C. The owners of at least 60 percent of the total area subject to the LID may petition the council to form a local improvement district. The council will then direct preparation of the study specified in subsection (A) of this section. The council will adopt a resolution to initiate that public improvement. (Ord. 26-04 § 1 (Exh. A), 2026).

12.08.030 Written project report – Contents.

The written project report will be completed within 120 days from the effective date of the resolution initiating an LID. It will contain at least the following information:

A. A description of the project and its boundaries (preliminary project plans and specifications must be prepared but need not be filed with the report);

B. An estimate of the probable costs associated with the proposed project (or a statement of the actual cost if the project has been completed) including all legal, administrative, construction, engineering, interest and other financing costs attributable to the proposed LID;

C. A map of the proposed LID;

D. A proposed methodology allocating the categories of costs identified in subsection (B) of this section among and between the specially benefited properties;

E. A description of each lot specially benefited by the project with the name and address of the owners, as shown by the last assessment roll in the county assessment and taxation records; and

F. The assessed valuation of the lot and estimated amount of assessment of each lot specially benefited, together with any unpaid assessments against each lot. (Ord. 26-04 § 1 (Exh. A), 2026).

12.08.040 Notice of hearing.

No more than 10 business days after the filing of the report required by SMC 12.08.020, the recorder will:

A. Publish notice twice, at least one week apart, in a newspaper of general circulation in the city stating:

1. That a written project report for a proposed LID is available for public inspection at the recorder’s office;

2. The date the report was filed;

3. The estimated probable cost of the proposed local improvement or the actual cost of the improvement if it has been completed;

4. A description of the proposed LID and that a map is available for public inspection at the recorder’s office;

5. The time and place of the hearing required by SMC 12.08.060;

6. That written and oral testimony submitted by any person will be allowed at the hearing; and

7. That property owners wishing to remonstrate against the formation of the proposed LID must present their remonstrance in writing at the time and in the manner set forth in SMC 12.08.050(A).

B. Mail to each property owner designated in the written engineering report, not less than 10 days prior to the hearing required by SMC 12.08.060, a notice stating:

1. The information set forth in subsection (A) of this section;

2. The proposed method of assessment;

3. The estimated amount of the assessment for each lot owned by the owner and whether the assessments are being levied prior to construction, based upon estimates of project cost, or after construction based upon known costs; and

4. The specific procedure for filing a remonstrance under SMC 12.08.050.

C. Post a copy of the preliminary map of the proposed LID. (Ord. 26-04 § 1 (Exh. A), 2026).

12.08.050 Filing of remonstrance – Public testimony.

A. Any remonstrance filed by a property owner within the proposed LID must be filed with the recorder no later than 3:00 p.m. on the last business day preceding the hearing. The remonstrance of an owner who has either signed or is subject to a nonremonstrance agreement will not be considered. Any proposal to levy and collect an assessment under this article must be suspended upon the city’s timely receipt of a remonstrance by the owners of at least 60 percent of the total area subject to the LID.

B. Oral and written testimony will be allowed at the hearing. Testimony will not be considered for the purposes of suspending the proposed LID unless the person making the testimony also files a written remonstrance. Any person, including a property owner within the proposed LID, may appear and be heard regarding the proposed LID.

C. Any proposed LID suspended under subsection (A) of this section must comply with all terms of this chapter to be reconsidered as a new proposal. (Ord. 26-04 § 1 (Exh. A), 2026).

12.08.060 Hearing – Objections – Authorization.

A. After the receipt of the engineering report, but not less than 15 days after the date of the second publication of notice under SMC 12.08.040(A), the council will hold a hearing to consider remonstrations and other objections to the proposed LID and, if it deems appropriate, adopt a resolution authorizing the formation of the LID and initiation of the project consistent with this article.

B. The council may adopt, amend and adopt, or reject the project report. The council may also require a supplementary or further report from the manager before proceeding with its decision on the formation of the LID. If the council chooses to adopt or amend and adopt the report, it may do so by adopting a resolution that does the following:

1. Creates the LID and establishes its boundaries;

2. Determines, generally, the time for commencing and the manner of construction;

3. Establishes an account for the receipt and disbursal of moneys relating to the project; and

4. Establishes the method for allocating the costs associated with the project. (Ord. 26-04 § 1 (Exh. A), 2026).

12.08.070 Method of assessment.

The council may:

A. Use any just and reasonable method of determining the extent of any LID consistent with the special benefits derived;

B. Authorize payment by the city of all, or any part, of the costs of such improvement provided the method selected reasonably correlates to the special benefits derived by the properties so benefited and the benefits derived by the city as a whole;

C. Use any method of apportioning the sum to be assessed among the properties determined to be specially benefited that is just and reasonable; or

D. At any time prior to the effective date of the ordinance levying the assessments for any LID, modify the method set out in the resolution creating the district if the council finds that a different method more justly and reasonably apportions the cost of the project to the properties specially benefited. (Ord. 26-04 § 1 (Exh. A), 2026).

12.08.080 Assessment report.

A. As soon as the total cost of the project is determined, the city manager shall prepare an assessment report on the project including a recommendation on the fair apportionment of the total costs including legal, administrative, construction, financing and engineering attributable to the project, and a recommendation concerning the Bancroft installment financing rate applicable to the project.

B. A map of the LID, showing the proposed assessments as to each lot, must be available for public inspection at the city recorder’s office. A notice must be published in a newspaper of general circulation twice, at least a week apart, that states a map is available for public inspection at the recorder’s office and proposed assessments and information relating to the assessments are also available for inspection. The notice will further state that owners who wish to object to the proposed assessments must present their objections in writing, setting out the reasons, and deliver the document to the recorder not less than five business days prior to the council meeting held to consider them. The council meeting must be held not less than 15 days after the first publication of the notice.

C. The recorder must mail to each owner designated in the manager’s report a notice with the information set out in subsection (B) of this section, as well as the proposed Bancroft installment financing rate. The notices must be mailed not less than 10 days prior to the date set for the council to hear objections to the proposed assessments. (Ord. 26-04 § 1 (Exh. A), 2026).

12.08.090 Hearing and assessments.

A. The council will review the objections timely received by the recorder and take both written and oral testimony from persons wishing to testify on the proposed assessments. After hearing the objections to the proposed assessments, the council will determine whether it is a fair, just and proper assessment of costs for the benefits to the property in the project area. The council then has 60 days from that review to adopt a resolution specifying in detail the assessments and setting the Bancroft installment financing rate applicable to the LID.

B. If the council deems it appropriate to increase the amount of any proposed assessment, it must fix a time for another hearing on that increase. The recorder must send notice by mail to each owner shown on the city manager’s report. The notice will state the purpose of the second hearing and give its time and date. After the second hearing, the council may adopt a resolution assessing an increase.

C. Within five business days after adoption of the resolution levying the final assessments, the recorder must publish, in a newspaper of general circulation in the city, notice of the resolution’s adoption and notice that applications for bonding the assessments will be received for up to 30 days after the effective date of the resolution. (Ord. 26-04 § 1 (Exh. A), 2026).

12.08.100 Alternative financing.

A. The council may allocate a portion of the cost of such improvement from the funds of the city. The council may base this on topographic concerns, the physical layout of the improvement, unusual or excessive public use of the improvement, or other characteristics. The amount assessed against all property specially benefited will be proportionately reduced.

B. The council may use other means to finance, in whole or in part, the improvements, including federal or state grants-in-aid, sewer or other types of service charges, revenue or general obligation bonds. (Ord. 26-04 § 1 (Exh. A), 2026).

12.08.110 Appeals.

Owners of any property against which an assessment or reassessment for local improvements has been imposed may seek a review of any council decision under the provisions of ORS 34.010 to 34.102. (Ord. 26-04 § 1 (Exh. A), 2026).

12.08.120 Recordation of liens – Priority – Collection of assessments.

After adopting the resolution levying the final assessment, the council will direct the recorder to enter in the city lien docket and county property records all amounts assessed upon each lot along with the names of the owners. Upon entry in the city lien docket and county property records, the amounts entered will be immediately due and payable and will be an assessment lien and charge upon the respective lots against which they are placed. Such liens are first and prior to all other liens and encumbrances consistent with state law. The Bancroft installment financing interest rate applicable to the assessments will be charged on amounts not paid within 30 days from the date of such entry provided the owner of the property so affected has signed an application consistent with the terms of ORS 223.210 to 223.215 within 10 days after notice of final assessment is first published. After 12 months from the date of entry in the lien docket, the city may proceed to foreclose as delinquent any lien that is unpaid or for which arrangements for payment have not been made. The delinquent assessment payment interest rate will be charged to such sums due. Foreclosure may be in any manner authorized by state law for the foreclosure of assessment liens. (Ord. 26-04 § 1 (Exh. A), 2026).

12.08.130 Authority to abandon proceedings.

The council retains the power and authority to abandon and rescind proceedings for projects under this article at any time prior to its final decision in such proceedings. (Ord. 26-04 § 1 (Exh. A), 2026).

12.08.140 Validity of assessments.

A. No assessment made under this chapter is invalid by reason of:

1. A failure to give the name of the owner of any lot, tract, or parcel of land, the name of any person having a lien upon or interest therein, or the entry of a name other than the name of such owner or other person having a lien upon or interest therein, in any report, the proposed assessment, the ordinance making the assessment, the lien docket or elsewhere in the proceedings;

2. A mistake in the name of any such person, the entry of a name other than the name of such owner or other person having a lien upon or interest in such property; or

3. By reason of any error, mistake, delay, omission, irregularity or other act, jurisdictional or otherwise, in any of the proceedings or steps specified, unless reasonable notice has not been given of the hearing upon the proposed assessment or that a specific assessment that affects the person complaining is unfair and unjust.

B. The council has power and authority to remedy and correct all such matters by suitable action and proceedings. (Ord. 26-04 § 1 (Exh. A), 2026).

12.08.150 Reassessments.

A. Whenever all or part of an assessment or reassessment for any local improvement is declared void, set aside for any reason, not enforced by a court, or the council determines the assessments should be adjusted, the council may make a new assessment.

B. The reassessment procedures for making the new assessment will follow the same procedures used for the initial assessment under SMC 12.08.070 through 12.08.140. The new assessment is not limited to the amounts included in the original assessments or to the property included within the original assessment if the council finds that additional property is specially benefited and subject to assessment.

C. Credit must be allowed on the new assessment for any payments made on the original assessment as of the date of payment. Interest on the original assessments must be included in the new assessment to the extent the new assessment includes amounts also included in the original assessment. The council will include interest as part of the overall assessable project cost. The amount will be based on the construction financing interest rate in effect and applicable to the district at the time of the original proceedings on moneys paid on the construction or financing of the project. (Ord. 26-04 § 1 (Exh. A), 2026).

12.08.160 Deferral of assessments.

A. The city will allow for the deferral of assessments for local improvements imposed under this chapter.

B. The city may apply to participate in the state’s Assessment Deferral Loan Program, established under ORS 454.430 to 454.445, to allow eligible parties to obtain deferral of assessments related to the construction of treatment works. (Ord. 26-04 § 1 (Exh. A), 2026).

12.08.170 Severability.

If any section, phrase, clause, or part of this article is found to be invalid by a court of competent jurisdiction, the remaining phrases, clauses, and parts shall remain in full force and effect. (Ord. 26-04 § 1 (Exh. A), 2026).

Article III. Reimbursement Districts

12.08.180 Definitions.

The following definitions apply unless inconsistent with the context:

A. “Developer” means a person who is required to or chooses to finance some or all of the cost of a public street, water or sewer improvement such that it will be available to provide service to property, other than property owned by the person, and who applies to the city for reimbursement for the expense of the improvement.

B. “Development permit” means any final land use decision, limited land use decision, expedited land division decision, partition, subdivision, planned unit development, applicable public or private infrastructure permit, or driveway permit.

C. “Person” means a natural person, the person’s heirs, executors, administrators or assigns; a firm, partnership, corporation, association or legal entity; the person’s successors or assigns; and any agent, employee, or representative thereof.

D. “Public improvement” means any construction, reconstruction or upgrading of public water, stormwater, sanitary sewer, or street improvements.

E. “Reimbursement agreement” means an agreement between the developer and the city that is authorized by the city council and provides for the installation of, and reimbursement for, the cost of public improvements.

F. “Reimbursement district” means the area which is determined by the city council to derive a benefit from the construction of public improvements, financed in whole, or in part, by the developer.

G. “Reimbursement fee” means a fee described in the reimbursement agreement and set by city council resolution that is required to be paid by a person who develops property that benefits from the public improvement.

H. “Resolution” means a resolution approved by city council that determines the boundaries of the reimbursement district and the methodology for allocating a reimbursement fee to each benefitted property that considers the cost of reimbursing the developer for financing the construction of the public improvement(s). (Ord. 26-04 § 1 (Exh. A), 2026).

12.08.190 City as developer.

Nothing in this chapter is intended to limit the authority of the city to submit an application and serve as the developer for the purposes of establishing a reimbursement district. (Ord. 26-04 § 1 (Exh. A), 2026).

12.08.200 Application process.

A. A person who is required to or chooses to finance some or all of the cost of a public improvement that will be available to provide service to property other than the person’s property may by written application filed with the manager request that the city establish a reimbursement district. The public improvement must be of a size greater than would otherwise ordinarily be required in connection with an application for a building permit or development permit or must be available to provide service to property other than property owned by the developer, so that the public will benefit from the improvement.

B. The application shall be accompanied by an application fee, set by council resolution that is reasonably calculated to cover the city’s cost of preparing the manager’s report and notice pursuant to this article.

C. The application shall include the following:

1. A written description of the location, type, and size of each public improvement for which reimbursement is sought.

2. A map that shows the boundaries of the proposed reimbursement district, the legal boundary of each property in the proposed district, and the tax lot number and size of each property.

3. A map that shows the properties to be included in the proposed reimbursement district; the zoning designation, the front footage and square footage of each property, or similar data necessary for calculating the apportionment of the cost; the property or properties owned by the developer; and the names and mailing addresses of owners of other properties to be included in the proposed reimbursement district.

4. The actual or estimated cost of each public improvement(s) prepared by an architect, engineer or other licensed professional in accordance with established eligibility criteria and guidelines.

D. The application may be submitted to the city prior to the installation of the public improvement but not later than 180 days after completion and acceptance of the public improvements by the city. This time period may be extended by the manager for good cause shown. (Ord. 26-04 § 1 (Exh. A), 2026).

12.08.210 City manager’s report.

The city manager shall review an application to establish a reimbursement district and evaluate whether the district should be formed. The manager may require that the applicant provide additional information to assist in the evaluation. The manager shall prepare a written report for the council that considers and makes a recommendation concerning each of the following factors:

A. Whether the developer will finance, or has financed, some or all of the cost of the public improvement, thereby making service available to property other than the developer’s property.

B. The size and boundary of the reimbursement district.

C. The actual or estimated cost of the public improvement(s) serving the area of the proposed reimbursement district and the portion of the cost for which the developer should be reimbursed for each public improvement.

D. A methodology for spreading the cost among the properties within the reimbursement district and, where appropriate, defining a “unit” for applying the reimbursement fee to property that may be partitioned, subdivided, altered or modified in the future. The city may use any methodology for apportioning costs to a benefitted property that is just and reasonable. The methodology should account for unbuildable areas such as dedicated right-of-way, utility easements or open space.

E. The amount to be charged by the city as an administration fee for the reimbursement agreement. The administration fee shall be fixed by the council and included in the resolution approving the reimbursement district. The administration fee may be a percentage of the total reimbursement fee expressed as an interest figure, or may be a flat fee per unit to be deducted from the total reimbursement fee.

F. Whether the public improvements meet, or will meet, city standards.

G. Whether it is fair and in the public interest to create a reimbursement district. (Ord. 26-04 § 1 (Exh. A), 2026).

12.08.220 Amount to be reimbursed.

A. A reimbursement fee shall be computed by the city for all lots or parcels within the reimbursement district that will benefit from the public improvement(s), including the developer’s property. The fee shall be calculated separately for each lot or parcel and each public improvement. The developer is not entitled to reimbursement of the fee that is allocated to the developer’s property.

B. The cost to be reimbursed to the developer is limited to the cost of construction engineering, construction, and off-site dedication of right-of-way. Construction engineering may include surveying and inspection costs but may not exceed 13.5 percent of eligible public improvement construction cost. Costs to be reimbursed for right-of-way shall be limited to the reasonable market value of land or easements purchased by the developer from a third party in order to complete off-site improvements.

C. Reimbursement is not allowed for the cost of legal expenses, design engineering, financing costs, permits or fees required for construction permits, land or easements dedicated by the developer, the portion of costs that are eligible for systems development charge credits, other costs contributed to the infrastructure by another public or private entity, the application fee required under SMC 12.08.200, or any cost that cannot be clearly documented. (Ord. 26-04 § 1 (Exh. A), 2026).

12.08.230 Public hearing.

A. Within 45 days after the manager has completed the report required in SMC 12.08.210, the council shall hold a public hearing on the proposed reimbursement district and provide an opportunity for public comment. Developer shall provide the city with documentation illustrating the proposed infrastructure for consideration and proposed properties for inclusion within the district. Because formation of the reimbursement district does not result in an assessment against property or lien against property, the public hearing is for informational purposes only and is not subject to mandatory termination due to remonstrance. The council has the sole discretion after the public hearing to decide whether to approve forming the reimbursement district.

B. Not less than 10 days prior to the public hearing, the developer and all owners of property within the proposed district shall be notified by the city of the public hearing and the purpose thereof. Notice shall be accomplished by regular and certified mail or by personal service. Notice is deemed effective on the date the notice is mailed. Failure of the developer or an affected property owner to receive notice does not invalidate or otherwise affect the reimbursement district resolution or the council’s authority to approve the same. (Ord. 26-04 § 1 (Exh. A), 2026).

12.08.240 City council action.

A. After the public hearing held pursuant to SMC 12.08.230, the council shall approve, reject or modify the recommendations contained in the city manager’s report. The council’s decision shall be set forth in a resolution. If a reimbursement district is approved, the resolution shall include the manager’s report as approved or modified, and specify that payment of the reimbursement fee for each designated lot or parcel is a precondition of receiving any city development permits, building permits or other city permits necessary to develop the lot or parcel as provided for in SMC 12.08.280.

B. The resolution shall establish an interest rate to be applied to the reimbursement fee as a return on the investment of the developer. The interest rate shall be fixed and computed against the reimbursement fee as simple interest and will not compound.

C. The resolution shall instruct the city manager to enter into an agreement with the developer regarding the public improvement(s). If the agreement is entered into prior to construction, the agreement shall be contingent upon the improvements being accepted by the city. The agreement shall include at least the following:

1. The public improvement(s) shall meet all applicable city regulations and standards.

2. The total amount that may be reimbursed to the developer.

3. The total amount of reimbursement shall not exceed the developer’s actual cost of the public improvement(s), subject to the limitation of SMC 12.08.220(B).

4. The developer shall guarantee the public improvement(s) for the city required minimum maintenance period after the date of acceptance by the city.

5. A clause in a form acceptable to the city attorney stating that the developer shall defend, indemnify and hold harmless the city from any and all losses, claims, damage, judgments or other costs or expense arising as a result of or related to the city’s establishment of the reimbursement district, including any city costs, expenses and attorney fees related to collection of the reimbursement fee should the council decide to pursue collection of an unpaid reimbursement fee under SMC 12.08.280(J).

6. A clause in a form acceptable to the city attorney stating that the developer agrees that the city is not liable for any of the developer’s alleged damages, including all costs and attorney fees, under the agreement or as a result of the formation or administration of the reimbursement district, and that the developer waives any claim, suit or other action of any kind against the city, including a claim in inverse condemnation, because the developer has benefited by the city’s approval of its development and the required improvements.

7. Other provisions the city determines necessary and proper to carry out the provisions of this article.

D. If a reimbursement district is established by the council, the date the district is formed is the date that the council adopts the resolution forming the district. (Ord. 26-04 § 1 (Exh. A), 2026).

12.08.250 Notice of council decision.

The city shall notify the developer and all owners of real property within the district of the council’s decision to adopt or reject the reimbursement district. If the council approves the district, the notice shall include a copy of the resolution, the date it was adopted, and a short explanation that describes the amount of the reimbursement fee and that the property owner is legally obligated to pay the fee pursuant to this article. (Ord. 26-04 § 1 (Exh. A), 2026).

12.08.260 Recordation of resolution.

The city recorder shall cause notice of district formation and nature of the reimbursement district to be filed in the office of the Washington County clerk to provide notice to a potential purchaser of property within the district. Filing notice with the clerk shall not create a lien. Failure to make such filing shall not affect the legality of the resolution or the obligation to pay the reimbursement fee. (Ord. 26-04 § 1 (Exh. A), 2026).

12.08.270 Contesting the reimbursement district.

Legal action to contest formation of the district or the reimbursement fee, including the amount of the fee for any lot or parcel, must be filed within 60 days following the date the resolution approving the reimbursement district is adopted. Any such legal action shall be exclusively by writ of review pursuant to ORS 34.010 to 34.102. (Ord. 26-04 § 1 (Exh. A), 2026).

12.08.280 Obligation to pay reimbursement fee.

A. A person who applies to the city for a permit to develop property within a reimbursement district shall, upon approval of the permit, pay the city, in addition to any other applicable fees and charges, the reimbursement fee established by the council, if within 10 years from the date of the resolution forming the reimbursement district, the person applies for any of the following permits:

1. A building permit for a new building;

2. Building permit(s) for any addition(s) of a building, which cumulatively exceed 25 percent of the existing square footage in any 36-month period;

3. A development permit as defined in this chapter;

4. A permit issued for connection to a public improvement;

5. The city’s determination of the person responsible for paying the reimbursement fee and when the fee is due is final.

B. In no instance shall the city, or any officer or employee of the city, be liable for payment of any reimbursement fee, or portion thereof, as a result of the city’s determination of the person responsible to pay the reimbursement fee. Only those payments the city receives from or on behalf of those properties within a reimbursement district shall be payable to the developer. The city’s general fund or other revenue sources shall not be liable for or subject to payment of outstanding and unpaid reimbursement fees imposed upon private property.

C. Nothing in this article is intended to modify or limit the authority of the city to provide or require access management.

D. Nothing in this article is intended to modify or limit the authority of the city to enforce development conditions which have been or may be imposed against property in the reimbursement district.

E. Nothing in this article is intended to modify or limit the authority of the city to impose development conditions against property in the reimbursement district as it develops.

F. A person is not required to pay a reimbursement fee for a public improvement if the reimbursement fee allocated to property for that public improvement has been previously paid. A permit will not be issued for any of the activities listed in subsection (A) of this section unless the reimbursement fee, together with the amount of accrued interest, has been paid in full. Where a land use permit has been approved but no subsequent building permits or other development permits are requested or issued, the requirement to pay the reimbursement fee expires if the underlying land use approval expires.

G. A reimbursement district established under this article shall remain in full force and effect for a period of 10 years from the date of the resolution approving district formation. The developer may file with the city a written application to extend the reimbursement district for up to five additional years. The application shall describe the remaining useful life of the improvement(s), the continuing benefit to subject properties, and explain why there is good cause for the extension. In considering an application for an extension, the council must provide notice in accordance with SMC 12.08.250 and hold a public hearing at which the council will receive public comment. After the public hearing the council may, by resolution, approve the extension for up to five additional years after determining that the developer has demonstrated good cause for the extension and that the value of the improvement(s) to the subject properties remains sufficient to warrant reimbursement. If an extension is approved by the council, the city shall provide notice of the council’s decision as provided in SMC 12.08.250 and file a copy of the resolution with the county clerk as provided in SMC 12.08.260.

H. The reimbursement fee is immediately due and payable to the city upon issuance of a permit or connection to a public improvement as provided in this section. If connection is made or construction commenced without required city permits, then the reimbursement fee is immediately due and payable upon the earliest date that any such permit was required.

I. Whenever the full reimbursement fee has not been paid and collected for any reason after it is due, the manager shall report to the council the amount of the uncollected reimbursement, the legal description of the property on which the reimbursement is due, the date upon which the reimbursement was due and the name or names of the person(s) responsible for payment. The council shall set a public hearing date and provide notice of the hearing to the owner(s) of the subject property and the person(s) responsible for paying the reimbursement fee if different. Notice may be made by regular mail, certified mail or personal service. At the public hearing, the council may accept, reject or modify the manager’s report. If the council determines that the reimbursement fee is due but has not been paid for any reason, the council may, in its sole discretion and by resolution, take any action it deems appropriate, including all legal or equitable means necessary to collect the unpaid amount. However, nothing in this article requires the city to take action to collect such amounts.

J. A person who is required to pay a reimbursement fee under this section may present to the city a full or partial waiver in lieu of paying all or a portion of the required reimbursement fee. Such waivers shall be on forms provided by the city, signed by the developer and shall be acknowledged before any notary public within the state. The waiver shall expressly state the amount of the reimbursement fee waived by the developer. (Ord. 26-04 § 1 (Exh. A), 2026).

12.08.290 Public improvements.

Public improvements installed pursuant to reimbursement district agreements shall become and remain the sole property of the city upon acceptance by the city. (Ord. 26-04 § 1 (Exh. A), 2026).

12.08.300 Multiple public improvements.

A reimbursement district may be formed and reimbursement collected for more than one public improvement. (Ord. 26-04 § 1 (Exh. A), 2026).

12.08.310 Collection and payment – Other fees and charges.

A. The developer shall receive all reimbursement fees collected by the city from persons developing property within the district, subject to SMC 12.08.280(H). The reimbursement fees shall be delivered to the developer for as long as the reimbursement district agreement is in effect. Such payments shall be made by the city within 90 days of receipt of the reimbursements. The city may retain an amount up to one-half of one percent of the fee to cover its administrative costs.

B. The reimbursement fee is not intended to replace or limit, and is in addition to, any other existing fees or charges collected by the city. (Ord. 26-04 § 1 (Exh. A), 2026).

12.08.320 Nature of the fees.

The council finds that the fees imposed by this article are directly related and proportionate to the benefit conferred on property within the reimbursement district, and are not a tax subject to the property tax limitations of Article XI, Section 11(b) of the Oregon Constitution. (Ord. 26-04 § 1 (Exh. A), 2026).

12.08.330 Severability.

Article IV. General Requirements

12.08.340 As-built drawings required for public improvements.

The engineer of any improvement to be maintained or to come under the control of the city shall furnish the city upon completion of construction, a complete set of as-built drawings prior to city acceptance of the improvements. Said drawings shall be made on archivable material suitable for reproduction, at least 24 inches by 36 inches in size with graphic and text information made with permanent black India type ink or silver halide permanent photocopy. If the drawings are produced on a Computer Aided Drafting (CAD) system, the engineer shall submit the drawings on computer disc to the city in a format acceptable for inclusion into the city’s CAD system. The city engineer shall approve and maintain a file of all as-built drawings.

“As-built” drawings are defined as engineering drawings completed after construction of an improvement to reflect the location and materials utilized in construction of the facility. In addition, it shall also include identification of surface and underground natural features (rock, ditches, groundwater, etc.) and manmade features (utility lines, improvements, etc.) encountered during construction. (Ord. 90-118 § 2, 1990).