Ordinance No. 62-06 CITY CF TIGARD
ORDINANCE NO. A 1
e
An ordinance prescribing the procedure to be followed in
massing local assessments for benefits from a local improvement
upon the lots which have been benefitted by all or part of the
improvement.
iT IS ORDAINED BY THE COUNCIL OF THE CITY OF TIGARD:
Sec%ivi2 i - DEFI ITIONS;
(a) "Local improvement" means opening, laying out, widening,
extending, altering, changing the grade of, constructing, recon-
stracting or repairing any street or alley, constructing or recon-
structing or repairing any sewer, drain or system thereof, laying
or installing any water main or performing any other public work
for which an assessment may ie made on the property specially
benefitted.
(b) 'Owner" means the owner of the
yy title to real property,
or the.the�lastantract availablercompletechaser freal assessmenteLol in record fficesofwthen
County Assessor.
(c) "Lot" means lot, block or parcel of land.
(d) "City Clerk" means the officer of the City serving as
clerk andin direct charge of the clerical work of the City.
"City Engineer" means the person designated as such or
engaged by the City Council to be in charge of the engincering and
related work of the City.
section 2:- Council Powerst
aMy Council, whenever it may deem it expedient,
is hereby authorized and empowered to order any improvement, to
determine the character, kind and extent of the improvement, to levy
and collect an assessment upon all lots and parcels of land espec-
ially benefited by the improvement, and to determine what lands are
specially benefited by the improvement and the amount to which each
parcel or tract of lend is benefited.
(a) The City is authorized to make payment of all or any
part of the cost of any improvement, provided the method selected
creates a reasonable relation between the benefits derived by the
property specially assessed and the benefits derived by theCity as
a whole.
Section 3:- Plans and Specifications: Whenever the City Council
anaii deem It expedient or necessary to order any improve-
men
t.
mprove-int. it shall require from the City Engineer plans and specifica-
tions for the improvement and estimates nf the work to be done and
s
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v probable cost thereof, together with a statement of the lots
t.+t pro..a,. , : �
parts of lots and parcels of land to be benefited and Onearcent-
age of the total cost of the improvement which each of sucK lots,
pants of lots and parcels of land should pay on account of the
benefits to baderived. The City Clerk --he!! have such plans and
specifications available in his office for inspection. �if the City
Council shall find such plans, specifications and estimates to be
satisfactory, it shall approve the same and shall determine the
boundaries of the district benefited and to be assessed for such
improvement. The action of theCity Council in the creation of such
an assessment district shall be final and conclusive. The City
Council shall by resolution declare the purpose of such improvement,
describing the probable total cost and also defining the boundaries
of the assessment district to be benefited and assessed.
The action of the Cit Council in declaring its intention to
make any improvement, directurig the pniblication of notice, approv-
IT and adopting the plans and specifications and estimates of the
City Engineer, and determining the district benefited and to be
assessed, may all be done in one and the same resolution or enactment.
Section 4 - Notice: The resolution of theCity Council declaring the
purpose or the improvement shzil be published at least twice
i:a a newspaper of general circulation published in the city, provided
that the first publi.cati-,u shall be not less than 10 days prior to
the time when all persons interested may present their objections
to the improvement. Such notice shall specify the time and place'
where the Council will hear and zonsider objections or remonstrances
to the proposed improvement by any parties aggrieved thereby.
Section 5 - Remonstrance: Within 10 days from the date of the first
pu cat on of the notice required to be published in
Section 4, the owners of 66-2/3% or more in area of the property
within the assessment district may Vske and file with the City Clerk
a written objection or ;.em—onstrance-against the proposed improvement,
and subh objection or remonstrance shall be a bar to any further
proceeding n the making of such improvement for a period of six
months, unless the owners of one-half or more of the property af-
fected shall subsequently petition therefor.
Section 6 - Orderin I rovement. If no such objection or remon-
strance a made or filed with the City Clerk within the
time designated, the City Council shall be deemed to have acquired
jurisdiction to order the improvements to be mode and the City
Council may thereafter provide by ordinance for the making of such
improvement, which shall conform in all reasonable particulars to
the plans and specifications previously adopted.
Section 7 - Bids: When any improvement is ordered the City Clerk
' upon instruction from the Ciry Council, shall immed-
iately invite proposals for maki the same. The proposals shall
be opened in the presence of a me ority of the City Council and the
contractawardedto the lowest responsible bidder for either t1:e
whole of said improvement or such part as will not materially conflict
with the completion of the remainder. The City Ccuncil shall have
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the right to reject any or all proposals received. T_f all nronosai&
shall be rejected the City Council shall have power by resolutjon
duly adopted, to order that such improvement, or any portion, may
be made under the direction of the. City Council by purchasing the
materials and hiring the labor.
The City Council shall have the power to provide for
the proper inspection and supervision of all work done and to do
any other act to secure the faithful carrying out and the complett-Ai
of all contracts, and the making of all improvements in strict ccV.
pliarce with the ordinances and specifications therefor, and shal.:
have power to direct that the cost of said improvement, or any pt->r-
tion thereof, shall be paid for by the City generally. If a con-
tract is contemplated to be awarded to a private contractor or ,.�on-
tractors, then and in that event the contract shall be let only to
the lowest responsible bidder upon the terms and provisio.as ab,::,ve
Set form.
The requirements of Chapter 279 Oregon Revised S4'atutes,
OfsTigardofar e pshallcabvernle otheework b d ing,ocontracting anddone
perforF,anceCity
of the work, including prequalification of bidders, payment,' and
performance bonds and enforcement of the provisions therec:.
The invitation for proposals for bids shall he published
in a weekly newspaper published in the city in two consecutive
issues; the first publication whereof shall be not less than 10
days prior to the day for opening said bids, and the Ci. y Council
may direct upon which day thereafter said bids or prop'lsals shall
be opened as above provided. The City Council may protide for
progressive payments in the contract.
i
Section 8 - Assessment: Upon signing a contract or upon a determin-
ation by the City Council to make the improvement under
its own supervision by purchasing the material and string labor, or
as soon thereafter as is reasonably convenient, ttu'. City Council
shall determine whether the property benefited sha`.1 bear all or c
portion of the cost and shall direct the City Engineer to apportion
and assess the cost of making such improvement up+'-n the lots, parts
of lots andparcels of land within the assessment district in accord-
ance with the special and peculiar benefits deri~zd by each lot,
part of lot and parcel of land.
The City Clerk shall cause to have v_iled, or cause to
have personally delivered to the owner of eacL lot proposed to be
assessed, a notice of suds proposed assessment, which notice shall
state the amount of the assessment proposed or, clst property and
shall state a date by which time objections sh-,'ill be filed with the
City Clerk. such notice shall further requi.e that any such objec-
tion shall state the grounds thereof. The Cit., Council shall con-
sider the City Engineer's estimates of assessv-:nts and all objec-
tions thereto filed with the City Clerk, and '.thout any further
notice may adopt, correct, modify or revise txe proposed assess-
ments, and shall determine the amount to be rnarged against each
lot within the district according to the ape. Lal and peculiar ben-
efits accruing thereto from the improvement:
If there be no contract let fol the accomplishment of
the work the total estimate of the City F4ineer shall be consid-
ered to Le the contract price for the imp',,ovement district. �
Page 3 - ORDi►vANCE 140.
sA
I% any event whother there be a c;vatract price arising
from a bona fide contract or whettm r the estimate of the City En-
gineer be used as hereinabove provided, there shall be added to
® said contract price the cost of rigght-ofeway and expenses of con-
dewiiug Una land, all costs . F engineering, superintendence, adver-
tiRing and legal expenses and also any and all other necessary and
proper expenses incurred which additional amounts shall be and do
become a part of the amounts to be assessed against each lot, part
of lot and parcel of land benefited by the improvement.
The assessment as adopted by the City Council against
each lot or parcel of land shall be declared by ordinance and the
City Clerk shall thereupon enter the same in the Lien Docket of
the city, each improvement district estimate and assessment being
maintained in a separate docket from other prior sorsubsequent es-
timates and assessments. Assessments shall thereupon become a
lien upon the property assessed from and after the passage of the
.. ordinance spreading the same and entry in said appropriate City
lien docket. The City may tharer�iceo= er-force collection of such
assessments as provided by Sections 223.505 to 223.650 ORS.
If the initial assessment has been made on the basis
of estimated cost and upon completion of the work the coot is
found to be greater than the estimate, the City Council may make
a deficit assessment for the additional cost. Proposed assess-
ments upon respective lots within the assessment district for the
proportionate share of the deficit shall be made, and notices of
such assessments shall be given as provided with respect to the
original assessment as hereinabove in this section set forth and
all objections filed with the City Clerk within the time lilted
therefor shall be considered , and determination of the deficit
assessment against each particular lot block or parcel of land
shall be made as in the case of the initial assessment, and the
deficit assessment with respect to each lot and block shall be
finally determined by the City Council and spread by ordinance as
in the case of the initial assessment.
If assessments have been made on the basis of estimated`
cost and upon completion o f the work the cost is found to be less
than the estimate, the excess assessment shall be re-apportioned
and credited to each lot and block according to the manner in
which the original assessment was computed.
Section 9 - Abandonment of Proceeds s: The City Council shall
ve ru.U. power and authority to abandon and rescine
proceedings for projects hereunder at any time prior to the final
consummation of such-proceedings, and if liens hve been assessed
upon any;property under this procedure, they shall be cancelled
and any payments made thereon shall be refunded to the payer, US
assigns or legal representative.
Section 10 - Curative Provisions: No assessment shall be invalid
y reason of a failura 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 hav-
ing a lien upon or interesttherein, or by a mistake in the name of
any such person having a lien upon or interest in such property, or
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by re:.bu-: o a*�y error, mistake, delay, omission- irregn- arity, or
other art jurisdictional or otherwise, in any ok the proceedir:gs
or steps LarainbefOr3 specified, unless it appear that reasonable
WJ7 notice has not baan given of the hearing upon the proposed assess
4 _ .
ment or that the assessment as made, insofar as it a%Lac1o__a L441-
pperson complaininngg, is unfair and unjust, and the City Council shall
taus the power and authority to remedy and correct all such matters .
by suitable action and proceedings.
Section ll: It is hereby declared that an emergency exists and that
it is necessary for the immediate preservation of the
peace, health, and safety of the people of the City of Tigard, Ore-
gon, that this ordinance become effective immediately in order to
establish procedures for assessments for public improvements here-
tofore and hereafter made within the City.
QPASSED: By the City Council this doy of 19b2.
APPROVED: By the Mayor this day of , 1962.
Mayor, City of Tigard
:a
x�X
Atte t:
Clerk,. City of Tigard
Y .ry
f..
SJ
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