Any necessity of taking property for the City by condemnation shall be determined by the Council and declared by a resolution of the Council describing the property and stating the uses to which it shall be devoted.
The procedure for making, altering, vacating, or abandoning a public improvement or other service is governed by general ordinance or, to the extent not so governed by the applicable general laws of the state. The formation of an assessment district, or local improvement district or similar area to be assessed for the financing of any public improvements proposed to be financed wholly or in part by assessment specifically against benefited properties shall be suspended for six months upon a remonstrance thereto by the owners of two-thirds of the property proposed to be assessed therefor. The Council may proceed notwithstanding such two-thirds remonstrance: (a) if the improvements is a sidewalk, or (b) if the Council by unanimous vote of the members present and eligible to vote declares that the improvement is needed at once because of emergency. For the purpose of this Section "owner" means the record holder of legal title; except that, if there is a purchaser of land according to a record land sale contract, or according to a verified writing by the record holder of legal title to the land filed with the City Recorder, the purchaser is the "owner." For the purpose of this Section, an emergency is an immediate hazard to the health, safety, or welfare of the people of Lake Oswego, proved by reliable, substantial and probative evidence on the record before the City Council.
The procedure for levying, collecting, and enforcing the payment of special assessments for public improvements or other services to be charged against real property is governed by general ordinance.
[Amended 11-5-1996]
A contract for a public improvement to be made by a private contractor shall be awarded in compliance with the State of Oregon public contracting laws.
[Amended 11-2-1976 [Note: from 11-2-1976 until 6-30-1980, this Section was numbered Section 38a through f]; Amended 11-4-1980; Editorial correction, subsection E, deleted "validate," 1-14-2002; Editorial correction, subsection E, deleted "signatures" and replaced with "required," 6-26-2014; Amended 11-4-2014]
A. 
Purpose: The purpose of this section is to give the voters of Lake Oswego control over the expenditures for, and the construction of, roads which may have a major impact upon character and livability of the City and its neighborhoods. This section shall be construed liberally to achieve this purpose.
B. 
Definition.
As used in this section:
Agent includes any city, county, state or federal official, employee, board, commission, agency or institution and also any public or private association, district, agency or institution.
Road includes any road, street, way, freeway highway, expressway, collector or arterial. "Road" also includes any bridge surface available for use by automobiles. The term "road" does not include any driveway or parking area constructed on a parcel of land to be used for residential purposes, including construction of any approach to such driveway or parking area that may be located in public right-of-way, provided that the driveway or parking area is intended to be privately owned and to be used primarily by the owner or owners and guests. The term "road" also does not include the circular portion of a cul-de-sac in a residential subdivision.
Pavement means the paved surfaces of any road including, but not limited to, traveling lanes, parking lanes, turning lanes, shoulders, gutters, and paved median strips. "Pavement" does not include sidewalks available for use by pedestrians but not by automobile. "Pavement" also does not include bicycle trails which are physically separated from other paved areas and which are not available for use by automobiles.
Major road means any new road having pavement exceeding 32 feet in width. For purposes of this section, the pavement width of a road having areas of pavement which are separated by an unpaved median strip shall be measured by combining the widths of the areas of pavement.
Major road expansion means any construction that would increase the width of the pavement of any existing road to add at least one new automobile traveling lane extending for at least 500 feet.
C. 
Election Requirements: The city of Lake Oswego shall not directly, indirectly, or through any agency, construct, request, pay for in whole or in part, levy any assessment for, enter into any agreement approving or facilitating, or otherwise authorize or permit the construction of any "major roads" or "major road expansion" on land within the city limits of Lake Oswego until after either (1) a majority of the voting electors of the City of Lake Oswego shall have approved, in concept, the route, width, length, and general design of such "major road" or "major road expansion" in a city election properly commenced under the Charter and Code of the City of Lake Oswego and the laws of the State of Oregon or (2) the election is waived pursuant to paragraph E.
D. 
Initial Notice: If the City Council decides that a "major road" or "major road expansion" should be constructed, then the City Recorder shall post a notice in the City Hall and the City Library. The City Recorder shall mail a copy of the notice (a) to at least one owner of each parcel of property which abuts the proposed construction, (b) to each person who has requested within the prior two years that his or her name be placed on a special mailing list to be maintained by the City Recorder for this purpose, and (c) to an officer of each officially recognized neighborhood association. The contents of the notice shall meet the requirements of paragraph F. A certificate signed in good faith by the City Recorder that notices were mailed to stated persons shall be conclusive proof of actual mailing. If a notice is mailed to the name and address of the person authorized to receive tax statements regarding a parcel of land, the City Recorder shall be deemed to have given notice to all owners of that parcel. Notice given to an association of condominium unit owners or similar type association shall be deemed to be notice to all owners. Substantial compliance with the terms of this subsection is deemed adequate compliance.
E. 
Waiver of Election: An election on a proposed "major road" or "major road expansion" is deemed waived unless the City Recorder receives, on or before the 30th calendar day after the date of the certificate of mailing notice provided for in paragraph D, one or more documents bearing the signatures of at least three percent of all registered City voters indicating that they refuse to waive an election required by paragraph C.
F. 
Election Notice and Hearing: Immediately prior to the election required by paragraph C, the City Recorder shall cause to be published once a month during the two calendar months immediately preceding or including the month in which the election is held, in a newspaper of general circulation in Lake Oswego, general plans and a map of the proposed road or road expansion showing the route, width, length, and general design of the proposed road and road expansion. If requested in writing by at least 20 registered City voters at least 28 days prior to an election, the City Council shall hold an informational public hearing on a proposed road construction not less than 10 days prior to the election.
G. 
Severability: If a court holds invalid or unconstitutional any clause or part of this section, such holding shall not affect the remaining parts of this section which are not held invalid or unconstitutional.