[Ord. No. 365, 6-22-1948; Ord. No. 737, 11-15-1960; Ord. No. 1247, 8-6-1968; Ord. No. 1276, 12-3-1968; Ord. No. 1603, 1-20-1976; Ord. No. 1802, 6-9-1981; Ord. No. 2120, Amended, 12-19-1995; Ord. No. 2830, Amended, 10-1-2019]
Unless the context requires otherwise:
DIRECTOR
Means the Director of the City of Lake Oswego Public Works
Department.
LOCAL IMPROVEMENT
Means:
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 standard or ornamental street lights.
d.
The installation or relocation of utility facilities, including
but not limited to electric power, telecommunications and natural
gas.
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 or repair of any flood control
dike or dam, or any surface water detention or quality facility.
i.
The construction, reconstruction, installation and equipping
of a park, playground or City recreation facility.
j.
Any other local improvement for which an assessment may be made
on the property specially benefited.
LOCAL IMPROVEMENT DISTRICT (LID)
Means the area determined to be specially benefited by a
local improvement within which properties are assessed to pay for
the cost of the local improvement.
LOT
Means lot, block, or parcel of land.
OWNER
Means the owner of the title to real property or the contract
purchaser of real property, of record as shown on the last available
complete assessment roll in the office of the county assessor.
RECORDER
Means the City Recorder for the City of Lake Oswego.
REMONSTRANCE
Means a formal written objection to formation of an LID filed by an owner of property within the proposed LID pursuant to LOC §
40.02.050(1) that can, in conjunction with other formal written objections from two-thirds or more of the affected property owners, delay formation of an LID.
a.
Non-remonstrance agreement is a written agreement executed by
a property owner or a property owner’s predecessor in title
that waives the right of a property owner to file a remonstrance and
thereby potentially delay the formation of an LID. Such agreements
are typically entered into as a condition of development that impacts
or connects to a substandard public facility in lieu of requiring
immediate improvement of the substandard facility.
b.
Remonstrance as opposed to testimony. As used in the Lake Oswego Code, the term "remonstrance" refers solely to the formal written objection filed or executed by a property owner as defined in subsection
(a) of this section, and the term "non-remonstrance agreement" refers solely to a written agreement waiving the ability of a property owner to file a remonstrance and potentially delay formation of an LID as defined in subsection
(b) of this section. The filing of a written remonstrance or execution of a non-remonstrance agreement does not affect or limit the property owner’s right to appear and testify orally or in writing supporting, opposing or otherwise regarding the LID at any stage of the proceedings pursuant to LOC Chapter
40.
[Ord. No. 365, 6-22-1948; Ord. No. 1247, 8-6-1968; Ord. No. 1802, 6-9-1981; Clerical error, Amended 6-23-2003]
1. Whenever the City Council deems it expedient to perform any local improvement for which it is anticipated that special assessments will be levied, it shall, by resolution, declare its intention to initiate such improvement and direct that an engineering study of such project be made and that a written project report containing the information specified in LOC §
40.02.030 be filed with the Recorder.
2. Whenever the City of Lake Oswego has expended funds for the construction of any local improvement and subsequently the City Council deems it expedient to initiate a local improvement district in order to levy special assessments against the property benefited by such local improvement, it shall, 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 containing the information specified in LOC §
40.02.030 be filed with the Recorder.
3. Whenever the owners of 51 percent of the abutting property propose a local improvement over an area at least 100 yards in length or serving an area of at least 100 square yards and desire to form themselves into an improvement district for the purpose of accomplishing such improvement they may, by written petition filed with the Director, request the Council to declare by resolution the intent of the Council to initiate such improvement and to direct the preparation of the study as specified in Subsection
1 of this section. The Council, if satisfied that the petition is signed by owners of at least 51 percent of the property owned within the proposed district specified in the petition, shall pass the requested resolution unless, by a vote of at least twothirds of the Councilors present, the Council deems it not in the public interest to comply with the petition.
[Ord. No. 365, 6-22-1948; Ord. No. 381, 4-26-1949; Ord. No. 1276, 12-3-1968; Ord. No. 1603, 1-20-1976; Ord. No. 1802, 6-9-1981]
The written project report specified in LOC §
40.02.020 shall contain the following information:
1. A full
description of the project and its boundaries. Project plans and specifications
shall be prepared but need not be filed with the report;
2. An
estimate of the probable cost of such project (or a statement of the
actual cost if the project has been completed) including legal, administrative,
construction interest, and engineering costs attributable thereto.
3. A map
of the proposed local improvement district.
4. A recommended
method of assessment.
5. A description
of each lot, or portion thereof, specially benefited by the project
with the name and address of the owner thereof, as shown by the last
assessment roll of the county.
6. The
assessed valuation and estimated amount of assessment of each lot
or portion thereof specially benefited, together with any unpaid assessments
against each lot.
7. The
construction financing interest rate then currently in effect and
the number of the resolution establishing that rate.
[Ord. No. 365, 6-22-1948; Ord. No. 1802, 6-9-1981; Ord. No. 1836, 7-29-1982; Ord. No. 2120, Amended, 12-19-1995]
Promptly after the filing of the written project report as required by LOC §
40.02.020, the Recorder shall:
1. Cause
a notice to be published for a period of two successive publications
in a newspaper of general circulation in the City. The notice shall
state the following:
a. That
the written project report is on file and may be examined at the Recorder’s
office,
b. The
date the written project report was filed,
c. The
estimated probable cost of the proposed improvement or the actual
cost of the improvement if it has been completed,
d. A
description of the proposed improvement district and that a preliminary
map of the proposed district may be examined at City Hall.
e. The time and place of the hearing required by LOC §
40.02.060 including a statement that written and oral testimony submitted by any person will be considered at such hearing, but shall not be counted as part of the formal written remonstrance requirement necessary to suspend the project for six months pursuant to LOC §
40.02.050(1).
f. That all property owners wishing to formally remonstrate against the formation of the district must present their remonstrance in writing in the time and manner set forth in LOC §
40.02.050(1) for them to be considered remonstrances for the purpose of LOC §
40.02.050 (1).
2. Not less than 10 days prior to the hearing required by LOC §
40.02.060, mail to each property owner designated in the written engineering report a notice stating:
a. The
information set forth in Subsection 1 of this section.
b. The
recommended method of assessment.
c. The
estimated amount of assessment for each lot or portion thereof 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.
d. The
construction financing interest rate currently in effect and the number
of the resolution establishing that rate.
e. The specific procedure for filing remonstrances provided by LOC §
40.02.050.
3. Post
a copy of the preliminary map of the proposed improvement district
at City Hall.
[Ord. No. 365, 6-22-1948; Ord. No. 1247, 8-6-1968; Ord. No. 1276, 12-3-1968; Ord. No. 1417, 2-2-1971; Ord. No. 1802, 6-9-1981; Ord. No. 2120, Amended, 12-19-1995]
1. Remonstrances filed by property owners within the proposed district to the formation of the proposed improvement district must be in writing, and filed with the Recorder not later than 5:00 p.m. on the day of the hearing set forth in LOC §
40.02.060. Except as provided by Section 37 of the Lake Oswego Charter, any proposal to levy and collect any special assessment under this chapter shall be suspended for six months upon written remonstrance by the owners of two-thirds of the property to be assessed. The written remonstrance of a property owner who has signed or is subject to a valid non-remonstrance agreement shall not be counted for the purposes of determining whether the project must be suspended pursuant to this subsection.
2. The
Council may proceed with formation of an LID notwithstanding two-thirds
remonstrance if:
a. The
proposed improvement is a sidewalk; or
b. The
Council declares by unanimous vote of the members present and eligible
to vote that an improvement is needed at once because of an emergency.
For the purposes of this section, an "emergency" is an immediate hazard
to the health, safety or welfare of the citizens of Lake Oswego demonstrated
by substantial evidence in the record.
3. Oral and written testimony shall be considered at the hearing provided in LOC §
40.02.060. However, such testimony shall not be counted for the purpose of suspending the project as provided in Subsection
1 of this section. Any person, including a property owner within the proposed district who has signed or is subject to a non-remonstrance agreement, may appear and be heard in favor, in opposition or otherwise regarding the proposed improvement district.
[Ord. No. 365, 6-22-1948; Ord. No. 1067, 5-18-1965; Ord. No. 1247, 8-6-1968; Ord. No. 1802, 6-9-1981]
1. After the filing of the written engineering report, but not less than fifteen days after the date of the first publication of notice pursuant to LOC §
40.02.040 (1), the Council shall hold a hearing to consider any objections to the proposed improvement district and authorize the formation of the district and initiation of the project if it is so desired.
2. After
considering any written remonstrances filed and any testimony relating
to the proposed district, the City may, by resolution adopt, amend
and adopt, or reject the written project report. The Council may require
a supplementary or further report from the Director. If the Council
chooses to adopt, or amend and adopt the report, the resolution setting
forth that determination shall at a minimum:
a. Form
the local improvement district, assign it a number, and establish
its boundaries, subject to later change pursuant to the provisions
of this chapter.
b. Determine
the time and manner of construction. The Council may provide that
the City will do the work or any portion of the work itself.
c. Direct
that the project be commenced.
d. Establish
a special account for the receipt and disbursal of monies relating
to the project.
e. Establish
the method of assessment, subject to change pursuant to the provisions
of this chapter.
f. Place a pending lien upon the benefited property specified in the written project report as adopted. The pending lien shall be recorded in the same manner as the final assessment lien provided in LOC §
40.02.120.
g. Establish
the construction financing interest rate applicable to the district.
[Ord. No. 1802, 6-9-1981]
1. At
any time the Council may determine that the boundaries of a district
which has been formed should be modified to include new property benefited
by the improvement or excluded property determined not to be benefited.
2. The
Council shall accomplish boundary modifications by amending the resolution
which formed the district.
3. Prior to adoption of the amending resolution the Council shall hold a hearing on the boundary modification. Notice of the hearing shall be given as provided by LOC §
40.02.040.
4. The right of property owners to remonstrate against the proposed modification is the same as defined in LOC §
40.02.050 for the formation of a district.
[Ord. No. 365, 6-22-1948; Ord. No. 1247, 8-6-1968; Ord. No. 1603, 1-20-1976; Ord. No. 1802, 6-9-1981; Ord. No. 1829, 5-18-1982]
The Council may:
1. Use
any just and reasonable method of determining the extent of any improvement
district that is consistent with the benefits derived.
2. Authorize
payment by the City of all or any part of the cost of such improvement;
provided, that the method selected creates a reasonable relation between
the benefits derived by the property specially benefited and the benefits
derived by the City as a whole.
3. Use
any method of apportioning the sum to be assessed among the properties
determined to be specially benefited that is just and reasonable.
4. At any time prior to the effective date of the ordinance levying the assessments for any district, modify the method adopted in the resolution forming the district if the Council determines that a different method is a more just and reasonable method of apportioning the cost of the project to the properties. The time limitation established by this subsection does not apply to reassessment proceedings pursuant to LOC §
40.02.160 and the method of assessment may be modified as a part of such proceedings.
[Ord. No. 365, 6-22-1948; Ord. No. 1247, 8-6-1968; Ord. No. 1603, 1-20-1976; Ord. No. 1802, 6-9-1981; Ord. No. 1836, 7-29-1982]
1. As
soon as the total cost of the project is ascertained, or if the district
is to be preassessed, as soon as the estimated cost of the project
is ascertained, the Director shall prepare an assessment report on
the project, including a recommendation concerning the fair apportionment
to the properties specially benefited within the assessment district
of the total actual or estimated cost, including legal, administrative,
construction interest, and engineering costs attributable to the project
and a recommendation concerning the Bancroft installment financing
rate applicable to the project.
2. A map
of the assessment district showing the proposed assessments of each
lot or portion of land therein shall be posted in the City Hall and
a notice published in a newspaper of general circulation within the
City for two successive weeks stating that the proposed assessments
are on file at the City Hall and requiring all persons having objections
to the proposed assessments to present their objections at a meeting
of the Council which shall be held not less than fifteen (15) days
after first publication of such notice.
3. It
shall be the duty of the Recorder to send by mail postpaid to each
of those designated in the report of the Director a notice which sets
forth that the map showing the proposed assessments is on file in
the City Hall, the amount of the proposed assessment on a lot or portion
of a lot owned by such persons, the recommended Bancroft installment
financing rate and requiring objections to the proposed assessments
to be presented to the City Council at the time specified in the published
notice. The notices which are required to be mailed shall be placed
in the mail not less than ten (10) days prior to the date set for
the meeting of the Council to hear objections to the proposed assessments.
[Ord. No. 365, 6-22-1948; Ord. No. 1802, 6-9-1981]
1. When
the Council after hearing the objections to the proposed assessments
has ascertained what it deems to be a fair, just and proper assessment
of benefits to the property it determines to be specially benefited,
it may pass an ordinance specifying in detail such assessments and
setting the Bancroft installment financing rate applicable to the
district.
2. If
the Council at such hearing deems it just and proper to increase the
amount of any proposed assessment it shall fix a time for a further
hearing on such increase. The Recorder shall send notice by mail to
each owner shown on the Director’s final report, stating the
purpose of the further hearing and giving the date of the hearing.
3. After
such further hearing, the Council may pass an ordinance assessing
such increase, and if at the time of such further hearing, the ordinance
specifying in detail the final assessments has not yet been passed,
the Council at that time shall pass such an ordinance levying the
final assessments and setting the financing interest rate.
4. Promptly
after passage of the ordinance levying the final assessments, the
City Recorder shall cause to be published in a newspaper of general
circulation within the City, a notice that such ordinance has been
passed, and that application for bonding the assessments will be received
for thirty (30) days after the effective date of the ordinance.
[Ord. No. 365, 6-22-1948]
When, in the opinion of the Council, on account of topographical
or physical layout, unusual or excessive public travel, or other character
of work involved, or when the Council otherwise believes the situation
warrants it, it may contribute what it deems a fair proportion of
the cost of such improvement from general funds of the city, and the
amount to be assessed to the property benefited shall be proportionately
reduced. Nothing contained in this chapter shall preclude the Council
from using other available means of financing improvements, including
federal or state grants-in-aid, sewer service or other types of service
charges, revenue bonds, general obligation bonds, or other legal means
of finance. In the event any of such other means of financing are
used, the Council may, in its discretion, levy special assessments
pursuant to this chapter to cover any part of the costs of the improvement
not covered by such means.
[Ord. No. 365, 6-22-1948; Ord. No. 1603, 1-20-1976]
Owners of any property against which an assessment or reassessment
for local improvements has been imposed may seek a review thereof
under the provisions of ORS
34.010 to 34.100.
[Ord. No. 365, 6-22-1948; Ord. No. 1360, 1-6-1970; Ord. No. 1603, 1-20-1976; Ord. No. 1802, 6-9-1981]
The Council, at the time of passing the ordinance levying the
final assessment or at any time thereafter, shall by resolution or
ordinance direct the City Recorder to enter in the docket of city
liens the respective amounts assessed upon each particular tract or
parcel of land with the names of the record owners thereof. Upon such
entry in the lien docket, the amounts so entered shall be immediately
due and payable and shall be a lien and charge upon the respective
lots, tracts, and parcels of land against which the same are placed.
Such liens shall be first and prior to all other liens except as otherwise
provided by law. The Bancroft installment financing interest rate
applicable to the district shall be charged on all amounts not paid
within 30 days from the date of such entry. After 30 days from the
date of entry in the lien docket, the city may proceed to foreclose
as delinquent any lien which is unpaid or for which arrangements for
payment have not been made. The delinquent assessment payment interest
rate shall be charged to such sums due. Foreclosure may be in any
manner authorized by state statutes for the foreclosure of assessment
liens.
[Ord. No. 365, 6-22-1948]
The City Council shall have full power and authority to abandon
and rescind proceedings for projects pursuant to this chapter at any
time prior to the final consummation of such proceedings.
[Ord. No. 365, 6-22-1948]
No assessment made pursuant to this chapter shall be invalid
by reason of a failure to give, in any report, in the proposed assessment,
in the ordinance making the assessment, in the lien docket or elsewhere
in the proceedings, the name of the owner of any lot, tract or parcel
of land or the name of any person having a lien upon or interest therein,
or by a mistake in the name of any such person, or the entry of a
name other than the name of such owner or other person having a lien
upon or interest therein, or by a mistake in the name of any such
person or 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 by
reason of any error, mistake, delay, omission, irregularity, or other
act, jurisdictional or otherwise, in any of the proceedings or steps
herein before specified, unless it appears that reasonable notice
has not been given of the hearing upon the proposed assessment or
that the assessment as made, insofar as it affects the person complaining,
is unfair and unjust, and the Council shall have power and authority
to remedy and correct all such matters by suitable action and proceedings.
[Ord. No. 365, 6-22-1948; Ord. No. 1802, 6-9-1981; Ord. No. 2161, Amended, 12-16-1997]
Except for matters modified in this chapter, the provisions
of ORS
223.205 to 223.314, which are known as the "Bancroft Bonding
Act", are hereby adopted and made a part hereof by reference.
[Ord. No. 1802, 6-9-1981; Ord. No. 1875, 2-21-1984; Ord. No. 2120, Amended, 12-19-1995]
1. Interest
on funds expended by the City in connection with the construction
or financing of a local improvement shall be charged. There is established
for the purpose of computing interest the following distinct interest
rate classifications:
a. Construction
financing - Interest charged for construction financing begins the
date the first funds are expended in connection with a project and
ends on the 60th day after acceptance of the project by City.
b. Bancroft
installment financing - Interest charged to property owners choosing
to pay the assessment in installments under the Bancroft Bonding Act
procedures whose accounts are kept current.
c. Delinquent Assessment Payment - Interest charged to property owners choosing to pay the assessment in installments under Bancroft Bonding procedures who fail to pay two consecutive installment payments. This interest rate will be assessed beginning the day after the due date of the second installment payment. The interest due will be computed at this delinquent rate on the entire principal balance and this rate will continue to be charged until all outstanding billings are paid in full. This interest rate is also charged to those property owners not choosing to pay in installments that have not paid pursuant to LOC §
40.02.120. For such accounts the rate begins on the 31st day after entry of the assessment in the lien docket and is computed from the original date of entry in the lien docket.
d. System development charge financing - Interest charged to persons financing a system development charge through the Bancroft Bonding Act procedures pursuant to LOC §
39.06.101.
2. The Council shall, by resolution, establish the interest rate applicable to each classification identified in Subsection
1 of this section. Such interest rate shall not exceed the maximum allowed by any applicable law. In the event that the rate established is found to exceed such legal maximum then that maximum shall be used as the applicable rate until the resolution establishing rates is revised.
[Ord. No. 1526, 12-4-1973; Ord. No. 2890, Amended, 3-17-2022]
Whenever an application has been made under the provisions of LOC §
40.02.150 (and the Bancroft Bonding Act as therein adopted), and the application has been accepted and the payment of the assessment has been in fact financed by such procedure, the lien of such assessment may be segregated upon the following terms and conditions:
1. The
property for which the segregation is to be made shall have been assessed
as a unit and entered accordingly in the docket of liens.
2. There
shall be no delinquent installments of principal or interest on the
assessment of the entire parcel.
3. Written
application shall be made to the City in such form as may be required,
and such applications shall be accompanied by the fees established
as hereafter provided.
4. If
the Director of Public Works determines that the lien may be segregated
and divided without prejudice to the overall security of the entire
balance owed, the Director shall establish an equitable division of
the assessment based upon the original assessment formula and the
preservation of the security interest. Such segregation shall describe
the various parcels of the entire tract and the amount of the assessment
to be apportioned to each parcel. The Director may require that the
portion of the assessment segregated and apportioned to a particular
parcel be paid in full before the remaining parcels shall be relieved
of liability for payment of that portion of the lien.
5. If
application is approved and the fees paid, the Director of Public
Works shall certify the facts to the City Recorder. Thereupon, upon
compliance with any conditions of payment, the City Recorder shall
cause appropriate entries to be made in the docket of liens segregating
the total assessment. When such entries are made, the lien shall thereby
be segregated and divided, and shall constitute a lien only in the
amounts and as to the parcels thereby provided.
In order to help defray the costs of investigation, preparing
legal descriptions, calculating an equitable division of the assessment
and making lien docket entries, the City Council may by resolution
establish and from time to time amend a schedule of fees to be paid
with any application filed under this section. Such fees shall not
be refundable if the application is disapproved or the applicant withdraws
the application.
|
[Ord. No. 365, 6-22-1948; Ord. No. 1603, 1-20-1976; Ord. No. 1802, 6-9-1981; Ord. No. 1836, 7-29-1982]
Whenever all or part of an assessment or reassessment for any local improvement is declared void or set aside for any reason, or its enforcement refused by any court, whether directly or by any decision of such court; whenever the Council shall be in doubt as to the validity of such assessment or reassessment, or if a district was preassessed and the Council determines the assessments should be adjusted, the Council may make a new assessment. The reassessment procedures for making the new assessment shall insofar as possible follow the same procedures as provided for making an initial assessment as set forth in LOC §§
40.02.070 to
40.02.150. The new assessment shall not be limited to the amounts included in the original assessments, nor shall it be limited to the property embraced in the original assessment if the Council finds that additional property is specially benefited and subject to assessment. Credit shall be allowed on the new assessment for any payments made on the original assessment, such payments to be credited as of the date of payment. Interest on the original assessments may be included in the new assessment to the extent that the new assessment includes amounts also included in the original assessment; or if the Council deems it more equitable to do so, it may include as part of the overall assessable project costs interest, not exceeding the construction financing interest rate in effect and applicable to the district at the time of the original proceedings in connection with the district, on monies paid by the City in connection with the construction or financing of the project.
[Repealed by Ord. No. 1895, 7-3-1984]