Unless the context requires otherwise:
"City"
means the city of Happy Valley.
"Director"
means the director of the Happy Valley public works department or the director's designate.
"Local improvement"
means any or all of the following:
1. 
The grading, graveling, paving, opening, laying out, widening, extending, altering, changing the grade of or constructing of any right-of-way, including curbs and sidewalks and repair and reconstruction;
2. 
The installation of standard or ornamental street lights;
3. 
The installation or relocation of private or public utility facilities, including but not limited to electric power, telecommunications and natural gas;
4. 
The laying out, extending, altering, constructing and/or reconstruction/repair of any sanitary or storm sewer or water main;
5. 
The acquisition, establishment, construction, or reconstruction of any off-street motor vehicle parking facility;
6. 
The construction, reconstruction, or repair of any flood-control dike or dam, or any surface water detention or quality facility;
7. 
The construction, reconstruction, installation and equipping of a park, playground or city recreation facility;
8. 
Any other local improvement for which an assessment may be made on the property specially benefited.
"Local improvement district" or LID
means the area determined by the Happy Valley city council to be specially benefited by a local improvement, within which properties are assessed to pay for the cost of a local improvement.
"Lot"
means lot, block, or parcel of land.
"Nonremonstrance agreement"
is a written agreement executed by an owner or the owner's predecessor in title waiving the right of an owner to file a remonstrance. 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.
"Owner"
means either the owner of title to real property, or the contract purchaser of real property as shown on the last available complete assessment roll in the office of the Clackamas County assessor's office.
"Recorder"
means the Happy Valley city recorder or the recorder's designate.
"Remonstrance"
means a written objection to formation of an LID filed by an owner of property within a proposed LID pursuant to Section 3.12.050(A) of this ordinance that can, in conjunction with other formal written objections from the owner(s) of 60% or more of the property (measured by area) within the proposed LID, delay its formation for a period of not less than six months.
(Ord. 239 Exh. A; Ord. 258 § 1, 2003)
A. 
Whenever the city 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 shall, by resolution, declare its intention to initiate such improvement and direct that an engineering study of the project be made and that a written project report containing the information specified in Section 3.12.030 be filed with the recorder.
B. 
Whenever the city has expended funds for the construction of any local improvement and the city council subsequently 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 Section 3.12.030 be filed with the recorder.
C. 
Whenever the owner(s) of at least 51% of abutting property propose a local improvement over an area at least 100 yards in length and desire to form a local improvement district to accomplish such improvement, they may by written petition filed with the city, request the council to declare by resolution the initiation of such improvement and to direct that the study specified in subsection A of this section be prepared. The council, if satisfied that the petition is properly completed, shall then pass the resolution unless, by a vote of not less than two-thirds of the councilors present, the council deems the improvement not to be in the public interest.
(Ord. 239 Exh. A)
The project report described in Section 3.12.020 shall contain (at a minimum) the following information:
A. 
A description of the project and its boundaries (project plans and specifications shall 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 (but not limited to) all legal, administrative, construction, engineering, interest or other financing costs attributable to the proposed local improvement district;
C. 
A map of the proposed local improvement district;
D. 
A proposed methodology allocating the categories of costs identified above among and between the specially benefited properties;
E. 
A description of each lot (or portion thereof) specially benefited by the project with the name and address of the owner(s) thereof, as shown by the last assessment roll in the Clackamas County assessor's office; and
F. 
The assessed valuation and estimated amount of assessment of each lot or portion thereof specially benefited, together with any unpaid assessments against each lot.
(Ord. 239 Exh. A (part))
Within 10 business days of the filing of the report required by Section 3.12.020, the recorder shall:
A. 
Cause a notice to be published twice (at least one week apart) in a newspaper of general circulation in the city setting out the following:
1. 
That a written project report for a proposed LID is on file and is available for examination at the recorder's office at city hall,
2. 
The date said 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 improvement district and that a map of the proposed district is available for examination at city hall,
5. 
The time and place of the hearing required by Section 3.12.060,
6. 
A statement that written and oral testimony submitted by any person will be considered at such hearing but that said testimony will not be considered as a remonstrance, and
7. 
That property owners wishing to remonstrate against the formation of the proposed district should present their remonstrance(s) in writing at the time and in the manner set forth in Section 3.12.050;
B. 
Not less than 10 days prior to the hearing required by Section 3.12.060, mail to each property owner designated in the written engineering report 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 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, and
4. 
The specific procedure for filing remonstrances provided by Section 3.12.050;
C. 
Post a copy of the preliminary map of the proposed improvement district at city hall.
(Ord. 239 Exh. A)
A. 
Remonstrances filed by owners of property within the proposed local improvement district must be filed with the recorder not later than 3:00 p.m. on the last business day preceding the hearing described in Section 3.12.060. The remonstrance of an owner who has either signed or is subject to a non-remonstrance agreement shall not be counted for the purposes of determining whether the proposed project is to be suspended pursuant to this subsection. Any proposal to form a local improvement district as a way of financing a local improvement under this ordinance shall be suspended for a period of not less than six months upon the city's timely receipt of remonstrances by the owners of 60% or more of the property (measured by area) to be assessed.
B. 
Oral and written testimony may be considered at the hearing described in Section 3.12.060; however, such testimony will not to be counted for purposes of suspending the proposed local improvement. Any person, including a property owner within the proposed district may appear and be heard regarding the proposed improvement district.
(Ord. 239 Exh. A; Ord. 258 § 2, 2003)
A. 
After the receipt of the engineering report described in Section 3.12.030 but not less than 15 days after the date of the second publication of notice pursuant to Section 3.12.040, the council shall hold a hearing to consider remonstrations and other objections to the proposed improvement district and, if it deems it appropriate, authorize by resolution the formation of the local improvement district and initiation of the project consistent with this section.
B. 
The city council may adopt, amend and adopt, or reject the project report. The council may also require a supplementary or further report from the director before proceeding with its decision on the formation of the local improvement district. If the council chooses to adopt, or amend and adopt the report; it shall do so by resolution, which shall at a minimum address the following:
1. 
Create the local improvement district and establish its boundaries;
2. 
Determine generally the time for commencing and the manner of construction;
3. 
Establish an account for the receipt and disbursal of monies relating to the project; and
4. 
Establish the method for allocating the costs associated with the project.
(Ord. 239 Exh. A)
The council may:
A. 
Use any just and reasonable method of determining the extent of any improvement district consistent with the special benefits derived;
B. 
Authorize payment by the city of all or any part of the cost of such improvement, provided the method selected reasonably correlates the special benefits derived by the property(ies) 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;
D. 
At any time prior to the effective date of the ordinance levying the assessments for any local improvement district, 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. 239 Exh. A)
A. 
As soon as the total cost of the project is ascertained, the director 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 local improvement district showing the proposed assessment(s) as to each lot (or portion thereof) shall be posted at city hall and a notice published in a newspaper of general circulation for not less than two successive weeks shall state that a map is posted at city hall, that proposed assessments are to be made, the amount thereof, and that information relating to the assessments and their calculation is available for inspection. The notice will further state that owners having objections to the proposed assessments present said objections in writing, setting out the reason(s) for the objection(s) and that the objections be delivered to the recorder not less than five business days prior to the council meeting held to consider them. The council meeting described above shall be held not less than 15 days after first publication of such notice.
C. 
It shall be the duty of the recorder to mail to each owner designated in the director's report individualized notice with the information set out in subsection B of this section as well as the proposed Bancroft installment financing rate. The notices shall be mailed not less than 10 days prior to the date set for the meeting of the council to hear objections to the proposed assessments.
(Ord. 239 Exh. A)
A. 
The council shall review the objections timely received by the recorder and take both written and oral testimony from and on behalf of persons wishing to testify on the proposed assessments. After hearing the objections to the proposed assessments the council shall determine, consistent with the methodology and the terms of this chapter what it deems to be a fair, just and proper assessment of costs for the benefits to the property the council determines to be specially benefited. The council shall then within 60 days of the date of their review, pass an ordinance specifying in detail such assessments and setting the Bancroft installment financing rate applicable to the local improvement district.
B. 
If the council deems it appropriate to increase the amount of any proposed assessment, it shall fix a time for a further hearing on said 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 further hearing. After such hearing, the council may pass an ordinance assessing such increase, and if at the time of such further hearing the ordinance described in subsection A of this section has not yet been passed, the council shall pass such an ordinance.
C. 
Within five business days after passage of the ordinance levying the final assessments, the recorder shall cause to be published in a newspaper of general circulation in the city notice of the ordinance's passage and notice that application(s) for bonding the assessments will be received for up to 30 days after the effective date of the ordinance codified in this chapter.
(Ord. 239 Exh. A)
A. 
The council may, by reason of the topographic concerns, the physical layout of the improvement, unusual or excessive public use of the improvement, or as a result of some other characteristic, allocate a portion of the cost of such improvement from general funds of the city, and the amount assessed as against all property specially benefited shall be proportionately reduced.
B. 
Nothing contained in this chapter shall preclude the city, acting by and through the city council, from using other means to finance in whole or in part the improvements including but not limited to federal or state grants-in-aid, sewer or other types of service charges, revenue or general obligation bonds.
(Ord. 239 Exh. A)
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. 239 Exh. A)
The council, after passing the ordinance levying the final assessment, shall direct the recorder to enter in the city lien docket and county property records all amount(s) assessed upon each tract or parcel of land along with the names of the record owners thereof. Upon such entry in the city lien docket and county property records, the amounts entered shall be immediately due and payable and shall be an assessment 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 and encumbrances consistent with ORS 223.230(3) (2001). The Bancroft installment financing interest rate applicable to the assessments shall 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 ORS 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 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. 239 Exh. A)
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. 239 Exh. A (part))
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. 239 Exh. A)
A. 
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.
B. 
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 Sections 3.12.070 through 3.12.150. 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.
C. 
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 cost, 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 with the construction or financing of the project.
(Ord. 239 Exh. A)
A. 
The city shall allow for the deferral of assessments for local improvements imposed pursuant to the terms of this ordinance consistent with the terms and conditions set out in ORS 311.702 to ORS 311.735 (2001).
B. 
The city will, under the appropriate circumstances, apply for city participation in the state's "Assessment Deferral Loan Program" established by the terms of ORS 454.430 to ORS 454.445 (2001) and maintained by the Department of Environmental Quality in order to allow eligible parties to obtain deferral of assessments related to the construction of treatment works.
(Ord. 239 Exh. A)