Ordinance No. 02-04 CITY OF TIGARD, OREGON
ORDINANCE NO. 02- -Mj
AN ORDINANCE AMENDING CHAPTER 13.04, LOCAL IMPROVEMENTS- GENERAL
PROCEDURES, OF THE TIGARD MUNICIPAL CODE.
WHEREAS,the City Council finds that Chapter 13.04 of the Tigard Municipal Code should be updated;
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION l: Chapter 13.04 is amended to read as follows:
Deleted language is shown by a sfrikegffett of language; added language shown by an underline of
language.
Chapter 13.04 GENERAL PROCEDURES
Sections:
13.04.010 Definitions.
13.04.020 Initiation of local improvement district.
13.04.030 Fees--Report and recommendation--Resolution.
13.04.040 District formation--Public hearing--Ordinance.
13.04.050 Improvements--Final plan and specifications--Resolution accepting.
13.04.055 Public hearing on final plans and specifications.
13.04.060 Assessment--Notice and public hearing--Ordinance.
13.04.070 Finance and closure.
13.04.080 Administration.
13.04.010 Definitions.
As used in this chapter:
(a) "Local improvement"means:
(1) 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;
(2) The construction or reconstruction of sidewalks;
(3) The installation of street lights;
(4) The installation of underground wiring or related equipment;
(5) The reconstruction or repair of any street improvement mentioned in this subsection;
(6) The construction,reconstruction or repair of any sanitary or storm sewer or water main;
ORDINANCE No. 02-C�
Page 1
(7) The acquisition, establishment, construction or reconstruction of any off-street motor vehicle
parking facility;
(8) The construction,reconstruction,alteration,relocation or repair of any flood-control dike,
dam, floodway or drainage facility;
(9) The construction, reconstruction, installation and equipping of a park, playground or
neighborhood facility;
(10) Any other local improvement for which an assessment may be made on the property
specially benefited.
(b) "Local improvement district" means the property
(4) T1 l
E rl tatjo-. f9f denial
as-recrr-ceru'r��...,.,.........,.,,..,. ,., ..... denial
(b) Resolution to Prepare Preliminary Engineer's Report.
f)014.-- r „" is o
rit
¢2 Based on a 5taif d�el)C.�rt pn:t7ared by the C'itS 1;ns�lneer addressing
the factors in favor of
and against formation of a local improvement district,the preliniinain: evaluation opom the c ouneil Council shall:
(A) _DiT,zrcet ici'rnric [__...iaicwo 4.rm-t1rt proposed di sl iet and in+ff.-o omen of
(B)C-A) Adopt a resolution directing that `Y,`� w ���r� a preliminary engineer's report
be�rel�ared;
_(. ) Direct staff to terminate on the._propgsed,district ...._I�he Council, may also
direct staff to terminate work on the local improvement.
HC ) The resolution directing that a preliminary engineer's report be prepared may include
alternatives that the e-k3ttne4-Council intends for staff to consider. (Ord. 85-40 §4, 1985).
13.04.030 Fees--Report and recommendation--Resolution.
(a) 's
,.-r 'fs.c:' Fhe 412e s. tt)-app i ati or?s-i'"[iir'cii'ted n � -' Ze_6+rti
c pt past tf tl�e pc rt-until-t4-4i?e4s-paid t#e �ikv Fee for engineers report. If the process is
initiated by petition of property owners_,the_.ep titimncrs shallpav in advance the cost cif sparing the engineer's
x�rt. 1'l aratioai of tinem inter s rcpoit shall no,t commence until the fee is paid.
(b) Preliminary Engineer's Report.
(1) Ther: iT��development-clirc tc3r City Engineer shall have a preliminary engineer's
report prepared. The report shall:
(A) Include the scope of the work, location of the proposed improvements, financial
information, the proposed district boundaries, estimated costs, and other relevant information which go to the
feasibility of the proposed improvement and the district. If it is determined that it is necessary to enter onto
property within the proposed district for surveying or other engineering purposes, the preliminary engineer's
report shall include an adequate description of the properties to be entered upon and a detailed description of the
work to be done on the properties.
(B) Recommend approval,approval with conditions or denial.
�2} The.engineer's report n?ay contain a_su�ggcteci allocation cff'_cotts_to beaid by-benefited
proWi y owners and mayinclude a su_Welted method of sprcading the anticipated assessment.
(�_Q) As an alternative to procedures outlined in subsection (b)(1) of this section, the
� ik scant-three City.._Engineer may authorize entry upon any property within the proposed
district pursuant to and for the purpose outlined in ORS 223.010. Within a reasonable time after the entry upon
the land, the eemin 1.t.. development detc +-C'it� Engineer shall report to the zinc-r Coupc.il,..on the results of
the entry.
ORDINANCE No. 02-e�
Page 3
(c) Project Priorities. The ei�City�by rule may establish standards for prioritizing projects.
(d) Recommendation to Council.
(1) The IireetoF—C h Engineer shall prepare a -e}
I ecommendation to the council. The r��pott-recommendation shall b 'a 'rte.r= tv len�sadttress:
(A) The project feasibility based on the preliminary engineer's report;and
(B)Th
leet
(B) Any previously adopted rules establishing priorities of projects.
'cts.
(2) The reeommendadon to 'lie eoufleil sha4l be 10 form the Elistfiet and to make tile
irnpr-over-notit )F no!to filri:ii tile dis!Aet and the improvelile
(2) The recommendation may include a proposed apportionment of costs to be assessed
against the benefited roperties and may include a propose J.method of spreading the assessment_
(e) Resolution of Intention.
(1) receive the
recow.menda4iEw. The council shall consider the City Engineer' recommendation and shall decide whether to
declare its intention to form the district and to make the public improvements. No public hearing shall be
required.
(2) The resolution of intention shall:
(A) Describe the general nature, location and cxtcnt of the proposed local
improvement and of the proposed local improvement district;
(B) Declare the Council's intention to make the improvement;
(C) Indicate the method and manner of carrying out the improvement;
(D) Contain an estimate of the probable total cost of the improvement;
( _) fa, HPpoAfoRHwR"4
the Whole Of p0r-ti0fl Of4hee )f tile impi,oveynent to the propef-ties specially beiw-44ted;
{}=)f Set a public hearing on the improvement; and
(G)(I� Direct that notice be given of the proposed improvement and of the public
hearing.
(3) The resolution of intention may set forth a proposed determination of tlie portion of the
total costs to be assessed against the benefited properties and may set forth a proposed method of spreading the
assessnrents...._If a,.aroposed alloeatroia_of_costs..or.promsed method of,spreading_the assestirn11 ents's included'n.the.
resolution the resolution shall state that the allocation of costs and method of assessment are only tentative and
that thev may be altered by the City at the time of final assessment.
(3)L4) The resolution of intention may include alternative proposals relating to a proposed local
ORDINANCE No. 02-04
Pagc 4
improvement; provided, hnwever, that nil of the information required for a particular local improvement shall be
included for each alternative proposal. (Ord. 86-37 §1, 1986; Ord. 86-21 §1, 1986; Ord. 8540 §5, 1985).
13.04.040 District formation--Public hearing--Ordinance.
(a) Alternative Procedures.
(1) The council Council may form an improvement district and initiate and construct a local
improvement without publishing or mailing notice to the owners of specifically f -fi edbenefited property and
without holding a public hearing on the matter when all of the owners of the specifically 4ent4ittedbenefTted and
assessed property have signed a petition which has been directed and presented to the eoutieil Council requesting
the improvement and formation of the district and the petitioners have signed a waiver of the right to remonstrate
against the formation of the district and against the method for the spread of the assessment.
(2) The eobitieil-Councit shall publish notice, give individual mailed notice and hold a public
hearing in all other_situations. where less than all of!he owners have r-equested the improvement.
b) Notice of Hearing.
(1) The i+tlT;zetei- City Engineer shall give at least ten days'notice to
the property owners within the proposed district of the public hearing on the formation of the district and the local
improvement by:
(A) Publication in a newspaper of general circulation within the e4(Lit The sal
be-ef4-Qnl one publication is required; and
(B) Mailing a copy of the notice by first-class mail to the owner(s) of each lot
affected by the proposed improvement.
(2) The notice shall contain:
(A) A general description of the proposed local improvement and the property to be
specially benefi4tWbenefited thereby. The description of property need not be by metes and bounds but shall be
such that an average person can determine from it the general location of the property;
(B) An estimate of the total cost of the improvement and the . tion anticipated+ be
paid 14 by speeial assessments,;
(C) The date,time and place of the public hearing;
(D) A statement of a place where preliminary project design and other additional
information concerning the improvement is available to the public; and
(E) Information concerning any proposed allocation of costs or method of assessment
included in the_resolutioin_of intentioij,
(-€)CF) A statement that the purpose of the hearing is to hear remonstrances and that in
order to be considered all written and oral remonstrances must be received by the close of the hearing;
(G) A statement that the Council may modify the proposed boundaries or roposed
IOe al._irrrpr��ti�ert_aer�t;
ORDINANCE No. 02---'
Page 5
1) A statement that the costs and_a IV Proposed allocation of' costs or method of
assessments are proposals only and that the actual assessment will be based on the actual
costs and on a method of assessment to be determined on1v after the local ini-provenient Is
costs and,on�I........... ............... ................................ .......... .............
co lcted.
Any other information the council Council may direct to be included.
(3) Any mistake, error, omission or failure with respect to mailing of notice shall not be
jurisdictional or invalidate the local improvement proceedings.
(c) Hearing Procedure.
(1) The eowieil-Counell-shall hold a public hearing and shall consider oral and written
testimony.
(2) The Pouncil Council may order the improvement to be made and the district to be formed
as provided by this chapter.
(3) An order to form the district and to make an improvement shall be made by ordinance
within ninety days after the date of the final hearing.
(d) Decision to Make Improvement and Form District.
(1) Remonstrances.
(A) The OOHiWil COUncil-shall not proceed with the formation of the district and the
making of the improvement when the property owners owning two-thirds of the property area within this district
to be specially assessed remonstrate against the improvement. This provision shall not apply in case of an
emergency or to sidewalks as provided by the Charter.
(B) All remonstrances shall be filed with thethe close
.............
of the initial public hearing. Thereafter, no remonstrance shall be considered except from persons receiving new
notice. In situations where new notice is given,remonstrances shall be filed by the close of the public hearing for
which new notice was given.
(C) In the case of multiple owners of a particular parcel of land, each remonstrating
owner shall be counted as a fraction of a vote to the extent of their interest in the property.
(D) Any person acting as an attorney or agent with power to act in signing a
remonstrance shall,in addition to describing the property affected, file with the remonstrance a copy in writing of
the authority to represent the owner of the property.
(E) A remonstrance may be withdrawn any time up until the close of the hearing for
the purpose of considering remonstrances.
(2) Council Discretion Not to Form District. The eoupeil Council may decide not to proceed
with the formation of the district and the making of the improvement when the petition has been signed by less
than one-half of the benef4tedbenefited property owners, the district is deemed to be untimely or not in the best
interests of the eCity.
(e) Modification to Scope of Improvement or District.
ORDINANCE No. 02-L4
Page 6
(1) Based on testimony at the hearing, the stE3a .i:d ('nrincil__may make modifications to the
scope of the improvement or the district boundary.
(2) A new resolution of intent shall be adopted, new estimates made and a new individual
notice mailed to the owners within the proposed district when the scope of the improvement is modified so that
the assessment is likely to increase on one or more properties. A new hearing shall be held.
(3) A new resolution of intent shall not be required when properties are added or deleted
from the proposed district and it is not likely to increase the assessment on one or more properties within the
boundaries of the initial proposed district. The hearing shall be reopened when the proposed district is enlarged to
include additional properties when the owners have not made a specific request in writing to be included within
the district when the assessment will not be increased on other properties,individual notice shall be mailed only to
the newly included property owners and the hearing shall be limited to testimony from the owners of the newly
included properties. Ten days shall be given for remonstrance. All remonstrances from the newly included
property shall be filed in writing with the e.'ity(Recorder or withdrawn by the close of the reopened hearing.
(f) Formation of District. The eoune=il-Couilcil_,shall provide for the establishment of the local
improvement district and making of the improvement by the adoption of an ordinance to form the district. (Ord.
87-13 §1, 1987; Ord. 85-40 §6, 1985).
13.04.050 Improvements--Final plan and specifications--Resolution accepting.
(a) The plans and specifications and improvements may be made in whole or in part by the eity{{�,
by another governmental agency,by contract or by any combination thereof.
(b) The CityF.,ngineer shall:
(1) Cause the necessary rights-of-way and easements to be acquired and the improvements to
be made in accordance with the terms of the ordinance to form the district; and
(2) Cause final plans and specifications to be prepared and filed.
(A) Unless stated otherwise in the final plan and specifications, all technical
requirements for the proposed improvements, such as curb heights, overlay thicknesses, etc., shall be those on file
with the oily-C i,ty engineer as the approved requirements for all construction within the eityCity.
(B) A description of all necessary rights-of-way and easements shall be included in
the final plan and specifications. Easements may be acquired for any necessary public use within the district and
may include easements for access to properties that would otherwise have no public access or would have
inadequate public access.
(c) The contract bid process shall be in accordance with theamity (`it 's purchasing rules.
(d) The resolution accepting the final report which may include sections on the improvement, finance
and legal summaries. (Ord. 86-21 §§3 and 4, 1986; Ord. 85-40 §7, 1985).
13.04.055 Public hearing on final plans and specifications.
(a) When e44y-C'i.ly_ rr +l-C'ouncil._.deems it in the best interest of the public, or when a material
defect in the preliminary plans and specifications of the local improvement district has been found, a public
hearing on the final plans and specifications may be called. The e4-Council may cure defects, or delete
portions of the plans which have been declared void or set aside for any reason, and make necessary additions to
the information in subsection(b)(1)of Section 13.04.030, the preliminary engineer's report.
ORDINANCE No. 0210`1
Page 7
(b) The notice of public hearing shall follow subsection(b)of Section 13.04.040.
(c) Hearing Procedure. The ti}t C"ity .1--Council shall consider oral and written testimony.
(Ord. 86-21 §2, 1986: Ord. 85-40 §7.1, 1985).
13.04.060 Assessment--Notice and public hearing--Ordinance.
(a) Costs and Expenses.
(1) The costs and expenses of local improvements that may be assessed against the property
specially bene-fiktedbenefited by the improvement shall include,but not be limited to:
(A) The costs of any necessary property, right-of-way or easement acquisition and
condemnation proceedings;
(B) Engineering and survey costs;
(C) The costs of construction and installation of improvements;
(D) The costs of preliminary studies, and reports of usable work done on previous
proposals within the proposed district boundary which were not paid by the district because the proposal was
abandoned;
(E) Advertising, legal, administrative, survey, engineering, notice, supervision,
materials,labor, contracts,equipment,inspection and assessment costs;
(F) Financing costs including interest charges;
(G) Attorney's fees; and
(H) Any other necessary expenses;
(I) The costs of all administrative expenses, including legal fees, expended on a
previously instituted improvement within the district boundary, where the previous improvement was abandoned,
delayed by litigation or otherwise not completed as planned.
(b) Method of Assessmcnt--Typcs of Assessment.
(1) The eat C' Liztclin adopting a method of assessment of the costs of any local
improvement may:
(A) Use any reasonable method of determining the extent of the local improvement
district consistent with the benefits derived; and
(B) Use any reasonable method of apportioning the sum to be assessed between the
properties determined to be specially ben dbenef ted.
(2) The cot+nc -Councia_may use �pfeasses eiit pedure ^shall use_a final
assessment procedure. roti —� 11 ed
costs. Final assessment begins after the project is completed and is based on actual costs.
ORDINANCE No. 02-�
Page 8
(3) A.y...an altttnativtr�.. ..l�raestent pry e dur, ,Esc cc�ta��c it r��av c t� �trac tf>3 ii�lC=l3tcdne ;
kee� mutt— Upon the completion of the
improvement, the bene#it dhen.efi.ted property owners will be finally assessed proportionate to the benefits
derived from the improvement based on the method of assessment adopted by the City Council, and these
assessments will be used to repay the indebtedness and the interest on the indebtedness. The final assessments
under this procedure shall be eligible for payment in installments, as outlined in subsection (b) of Section
13.04.070-be ow. The final assessments under this section shall be entered in the &V,,-C:;jtVs lien docket and
shall become a lien on the assessed property, as outlined in subsection. (a) of Section 13.04.08044—l-}w. The liens
created by these assessments may be placed as security for any indebtedness incurred by the C'ity_to cover the
costs of the proposed improvement.
(c) Assessment Procedure.
(1) The
development [ poli....coml�lztii�n ot.._th. local Improvement. the
CitvEngineer shall:
(A)
#bee FwA7 Propose_.the portion of,�the total costs to be paid�by the benefited properties and propose a method 6or
spreading the assessments among the specially benefited_properties.
(B) Prepare the proposed assessments for each lot within the improvement district
based on_theproposed allocation of costs and method of assessments;
(C) File the assessments with the Finance Ddirector; and
(D) Submit the assessments to the Ceouncil in the form of an assessment resolution.
cost allocation and method of assessment the Cit 1 n Tineer
shall provide a written explanation if the proposed cost_allocatig_n or method of"assessment dithers i_i-om anv cost
allocation or method of assessment previously roposed.
(?}(3) The Ceouncil shall review the proposed assessments and may make modifications. The
eouneil-C.'ouncil shall adopt an assessment resolution and shall direct that notice of proposed assessments to be
given and that a public hearing shall be held to consider objections.
{ }(4) Notice of the proposed assessments shall be given at least ten days prior to the hearing
and it shall be mailed or personally delivered to the owner(s) of each property to be assessed or if personal service
cannot be had, then by publication once a week for two consecutive weeks in a newspaper of general circulation
in the eCity. The notice shall contain the following information:
(A) The name of the owner, the description of the property assessed, the total
es'"aced • u � ~jjee-cost assessed against benofrttedbenef_te_d property and
the amount of the assessment against the described property;
(B) The proposed cost allocation and method of assessment.
40(_C_) A date and time by which written objections to the proposed assessment stating
specifically the grounds for objection must be received and the date, time and place of a public hearing at which
the Council will consider written objections; and
(U')(D) A statement that the assessment in the notice or as it may be modified by the
4-0itlteil C:ULUKAl_._will be lcvicd by the f �Cou Council after the hearing and that the assessment then will be
charged against the property and be immediately payable in full or in installments, if applicable.
ORDINANCE No. 02-0
Page 9
{44(S) Supplementary notice of the proposed assessment and public hearing on it, in form and
content to be determined by the E#inance.0director, may also be published or posted by the F finance])director.
{-5�)L6J Any mistake, error, omission or failure with respect to mailing of notice shall not be
jurisdictional or invalidate the assessment proceedings, but there shall be no foreclosure or legal action to collect
until notice has been given by personal service upon the property owner or,if personal service cannot be had,then
by publication once a week for two consecutive weeks in a newspaper of general circulation in the Ceity.
f4)U77 The Ceouncil shall hold the public hearing on the proposed assessments to consider those
objections filed in writing and may adopt, correct, modify or revise the proposed assessments. The ec�utcil
Council shall determine the amount of assessment to be charged against each lot within the local improvement
district according to the special and peculiar benefits accruing thereto from the improvement.
R4(�) The Ceouncil shall spread the assessment by ordinance. (Ord. 86-21 §§5 and 6, 1986;
Ord. 85-40 §8, 1985).
13.04.070 Finance and closure.
(a) Notice of Assessment.
(1) The #Finance dDirector shall send notice by first-class mail within ten days after the
effective date of the ordinancc sprcading the assessment.
(2) The notice shall state the following:
(A) The effective date of the ordinance levying the assessment, the name of the
owner of the property assessed,the amount of the specific assessment and a description of the property assessed;
(B) A statement that an application may be filed to pay the assessment in installments
in accordance with the provisions of Section 13.04.85-9070(0);
(C) A statement that the entire amount of the assessment, less any part for which
application to pay in installments is made, is due within thirty days of the date of the notice and, if unpaid on that
date,will accrue interest and subject the property to foreclosure_
(3) Supplementary notice of assessment, in form and content to be determined by the
!Finance dDirector,may also be published or posted by the-]Finance dDirector.
(b) Installment Payments.
(1) The owner of any property assessed for an improvement in the sum of twenty five five
hundred dollars or more, at any time within ten days after notice of such assessment is first given, may file with
the Jinance dDirector a written application to pay in installments.
(2) The fl,inanee dDirector shall accept the written application to pay in installments unless
the amount remaining unpaid on the current assessment together with the unpaid —balance of any previous
assessments for improvements against the same property exceeds the real market value of the property.
(3) The written application shall:
(A) State that the applicant and property owner does waive all irregularities or
ORDINANCE No. 02 0-1
-
Page 10
defects, jurisdictional or otherwise, in the proceedings to cause the improvement to be constructed or made for
which the assessment is levied and in the apportionment of the cost; and
(B) State that the applicant or property owner understands the terms and conditions
of the eC.."ity's payment policies including the penalties for nonpayment.
(4) --(4 j— 1#te E�u� eil--ratty- 1,,,�, Fules ,i --tlre t ; 4
.. i
L (d - 4 _ ��
� litpnfhc Director shall interim and
final interest rates for the financing of�vcments, assumption of payments resclting
from a transfer.of o-,vnerslha).and seimce charges li)r,late pa�>lnerits_
(A) The interim interest rate shall be equal' to the US Government Bond Ask Rate for
the. expected_finanezng.._rtlatur ty datt:..._or....an equal.. index as deter rrinEd, hti._the
Finance _Director asof the I" of the month in which the application for
installment hnanclnLls signed. olus,2",%_
(B) The final interest shall be equal to the interest rate the City is charged on bonds
issued to finance the assessment, plus 1.25%.
(5) The eCouncil by resolution shall declare a payment due and payable after one year of
delinquency, and the entire balance shall become immediately due. The resolution shall give the name of the
owner then in default in the payment of the sums due, either principal or interest, together with a description of
the property upon which the sums are owning and declaring the whole sum, both principal and interest, due and
payable at once. The(Finance dDirector is then directed to proceed at.once to collect all unpaid installments and
to enforce collection thereof, with all penalties added thereto, in they same manner as described in subsection
(a)(2)(c)of this section.
(6) Whenever the owner of property changes through the sale or transfer of land, or the
division of land, the total assessment balance plus interest may be assumed subject to the following conditions
e+ +;,Ab ; Of-dinance No. RG 1 The._C City shall,not allow an assumption lf_the assessment.balance is less than
$3,0()0.()0. A,n assumption fee, which shall be set by resolution of the Cate C:ounciL and fees._l'or reee,rdin the
lien and the release of the lien will be charged.d The City shall not allow an assumption it' the buyer of the
proper, yr_has a_hrstory_of slow dE.lrtique»...payrlaent ori other debt to the City. Assumptions for assessments,shall.
beat the rate char red to._hc owner of the propgty_at time of assessment.
Ht for additional Costs wh-fl flip. iRiii'il
aettial .
Iff
(3) The deAeit assessment shall be in the �.,tnie-ffopoi:tional sliare as the initial a,
(4) The deficit asses�Hlp_:R! shall he
T +` I}Fav£} �f'...-1�1f?—(ltilieit x�i �arixavrr-�.}i -tl f.....E.i y' -1it33—dEiGIE�t-3T i 14
itior-easein tiie2''t=f; rE)i} i3�i# 44F"4 rii3t:
ORDINANCE No. 02-f-1-1
Page 11
less,is t
4.SI,TXY]ZFTC- q
(A) --Aseeft-ain the total
;to
rrsc-t e ti
— - cis-e c�r�t uri'zcrc�-rs�i��-s�'2�t�h�-1-�L-�tfi3i��f7€.-C-�t�i'FL'"ctE'�;-i3fi'}El
t_L\ 't he„ iiiie ;.1,.,11 ,1�.,tare he .. .. .:r�'tr� 'Yz"rrcm"i£'srr�'�
h1
The ,cif�dtt
3 fi '�.1}3Z#lzc,-4? YY vY�it[TTivLrLctic:'of(.fccrr'c-Tx'I�
'.event""there"'�"J"`i'kn--'��'tJt�7'CC?I'��{_C7"LiL;R-`c'Sr" 1'�'t"h't'P'Ct'YYvC'cTCL'GTCV4ffto4h e
(13) 1 the v,-nt th ..� 1 _ t 6,., beetj i F,11 1 -c""Tell""„C�'' .7
wAgi a shall h, entitled t cash + 1 4+1, t 1
F
fe,)1) Reassessments.
(1) The eCouncil may make (tea new assessment or (2) a reassessment in the manner
provided by this subsection when:
(A) The eCouncil is in doubt as to the validity of all or a part of sash-an-assessment
by reason of suedefects in procedure; or
(B) All or a part of any assessment has been or is declared void or set aside for any
reason or its enforcement is refused by a court having jurisdiction.
(2) Basis for Amount and Method of Reassessment.
(A) The reassessment shall be based upon the special and peculiar benefit of the
improvement to the respective lots at the time of the original making of the improvement.
(B) The amount of the reassessment shall not be limited to the amount of the original
1 n l assessment, but the property embraced in the reassessment shall be limited to property embraced in the
original final assessment. ept t1tpEar - h;c h t1>�-cel a;;sca;;sr _�aasuir—ful�;1�a11 n 1
ilii=luue'd in tile-rei.,u:,`'- r:£tnt. If a pr d rty ha;
p�e palci the original filial assessment�n_filll, that )jjer-ty , all not
have to pay the reassessment. In determining t� Ike amount of the reassessment, the Council shall not increase the
amount assessed against any property based on the fact that one or more properties have paid the oris incl
assessment in hull.
(C) Interest from the date of delinquency of the original final assessment may be
added by the eCouncil to the reassessment in cases where the property was included in the original final
assessment, but such interest shall not apply to any portion of the reassessment that exceeds the amount of the
original final assessment.
ORDINANCE No. 02-C)q
Page 12
(D) The reassessment shall be made in an equitable manner as nearly as may be in
accordance with the law in force at the time the local improvement was made, but the eCouncil may adopt a
different plan of apportioning benefits or exclude portions of the district when in its judgment it is essential to
secure an equitable assessment.
(E) Credit shall be allowed on the flew-reassessment for all payments made on the
original assessment.
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(4) Procedure.
(A) The reassessment shall be initiated by adoption of a resolution which:
(i) Designates the improvement as to which a reassessment is contemplated;
(ii) Describes the boundaries of the district that the eCouncil contemplates
for the reassessment; and
(iii) Directs the Winance dDirector to prepare a proposed reassessment upon the
property included within the district and subject to reassessment.
(B) Upon passage of the reassessment resolution, the 4Finance dDirector shall
prepare the proposed reassessment and file it in the office of the cCity rRecorder.
(C) The-1Finance dDirector shall give notice of the reassessment by not less than four
successive publications in a newspaper published in the c-City and, if there is no newspaper published in the eCity,
in a newspaper to be designated by the eCouncil.
(D) The notice shall state:
(i) The proposed reassessment is on file in the office of the e.City(Recorder;
(ii) The date of the passage of the resolution authorizing it;
(iii) The boundaries of the district or a statement of the property affected by
the proposed reassessment; and
(iv) The date, time and place where the eCouncil will hear and consider
objections to the proposed reassessment by any party aggrieved thereby.
(E) The #Finance dDirector shall mail within five days after the first date of
publication of notice to the owner of each lot affected, a copy of the notice of the proposed reassessment as
provided in paragraph (D) of this subdivision together with a statement of the amount proposed to be charged
against the lot.
(F) Any person having an interest in the affected property may, within ten days from
the day of the last insertion of the printed notice, file in writing with the City rRecorder objections against the
proposed reassessment.
ORDINANCE No. 02-04
Page 13
(G) The c-Council shall hear and determine all objections filed under paragraph (E) of
this subdivision. The eC,'ouncil may continue the hearing to correct, modify or revise the proposed reassessment
or set it aside and order a new proposed assessment. A change which results in an increase in the amount
proposed to be charged against any property shall require:
(i) New published notice for not less than two successive insertions in a
newspaper as provided by paragraphs(C)and(D)of this subdivision; and
(ii) New individual notice as provided under paragraph (E) of this
subdivision to the owners of property against which the amount of assessment is proposed to be increased.
(H) In situations where paragraph (G) of this subdivision applies, the eCouncil shall
not take action until at least five days after the date of the last publication.
(5) Reassessment Ordinance--Lien Docket Entry-Crediting Prior Payments.
(A) The reassessment shall be by ordinance.
(B) The reassessment shall be entered into the eC:'ity's lien docket.
(C) All provisions for bonding and paying by installments shall be applicable and
such eC:'ity liens shall be enforced and collected in the manner provided for collection of liens for an original
improvement.
(D) All sums paid upon the r—oricinal fugal assessment or any- vi
asscssrnent for,tihe.starve mt2ruvcmcnt shall be credited to the property vu accuunt of which it was paid and as of
the date of payment.
(f) Abandonment of Proceedings.
(1) The c-Council shall have full power and authority to abandon and rescind proceedings for
local improvements made pursuant to this chapter at any time prior to the full completion of the improvements.
(2) Ifthe abCouncil has_ ancl��ned anti rescinded the_distriLt,1-1Liens which have been assessed
upon any property under the provisions of this chapter shall be canceled and payments made on the improvements
shall be refunded to the person or the person's assigns or successors,paying the same.
(g) Curative Provisions.
(1) No improvement assessment shall be rendered invalid by a failure to:
(A) Provide all of the information required to be in any eCity eEngineer's or other
report,the resolution of intention,the assessment ordinance,reassessment,the e_(_;;ity lien docket or notice required
to be mailed,published or posted;
(B) Give in any report, in the proposed assessment, in the assessment ordinance, 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 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 specified in this paragraph;
(C) The eCouncil shall have the power and authority to remedy and to correct all
matters by suitable action and proceedings.
ORDINANCE No. 02--CH
Page 14
(2) Any mistake, error, omission or failure with respect to notice shall not be jurisdictional or
invalidate the proceedings. (Ord. 96-26; Ord. 85-40 §9, 1985)
13.04.080 Administration.
(a) Entry In City Lien Docket.
(1) The Il__inance 4Director shall enter in the eCity lien docket:
(A) A statement of the amounts assessed on each particular lot, parcel of land or
portion thereof,
(B) A description of the improvement;
(C) The name of the owner(s); and
(D) The date of the assessment ordinance.
(2) Upon entry into the lien docket,the amount entered shall become a lien on the respective
lots,parcels of land or portions thereof,which have been assessed for the improvement.
(3) All assessment liens of the eCity shall be superior and prior to all other liens and
encumbrances on the property.
(b) Filing of Resolution and Ordinance.
(1) The tFinance dDirector shall file a copy of the ordinance to form the district establishing
the local improvement district and the ordinance spreading the assessment with the dQirector of r_Records and
eLlections of Washington County.
(2) Failure to file the resolution or ordinance shall not invalidate or affect any proceedings in
connection with the local improvement district and shall not impose any liability on the c-City or any official,
officer or employee of the e-City.
(c) Segregation of Liens.
(1) A lien against the real property in favor of the e0ty may be segregated on application by
the owner(s) subject to satisfying the provisions of this section and the rules adopted by the eCouncil or by action
of the Com.
(2) Applications shall be made to the#Finance dDirector and shall include:
(A) A legal description of each tract to be segregated;
(B) The names of the owner of the tracts and the name of each person who will own
each parcel should the segregation be approved; and
(C) A certificate from the eCounty aAssessor showing the assessed valuation of each
tract as of January 1 st of the year in which the segregation is requested, if available; otherwise, as of January 1 st
of the preceding year.
(3) No segregation shall be made unless each part of the original tract of land after the
ORDINANCE No. 02-C>Lf
Page 15
segregation has a real market value of one hundred twenty percent or more of the amount of the lien as to each
segregated tract concerned.
(4) The #inane-Finance dDirector shall compute a segregation of the lien against the real
property on the same basis as it was originally computed and apportioned and shall record the segregation in the
lien docket.
(5) A segregation for the purpose of a lease shall remain the primary
obligation of the property owner.
an! _fc?i �,egregationshall result.in._the lien Dlaced upon all lots oal�ariels__..
When i avment against the assessments is mace it will reduce the amount of all liens.
(d) Application of Chapter. The provisions of this chapter shall apply to all future local improvement
districts and to the extent further actions or proceedings may be required,to all existing districts.
(e) Authority to Adopt Rules. The may adopt rules it deems necessary to carry out the
formation of local improvement districts and the making of local improvements. (Ord. 96-26; Ord. 85-40 §10,
1985). ■
SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by
the Mayor, and posting by the City Recorder.
PASSED: By Ufl6d'jtt-`l(} 6 vote of all Council members present after being read by number and
title only,this 9t" day of - ,2002.
Catherine Wheatley,City Recorder
APPROVED: By Tigard City Council this day of_ ck.` ,2002.
P(
aures E. f- or
Approved as to form:
1
ty Attorney
Date
ORDINANCE No. 02-c q
Page 16