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Ordinance No. 85-40 CITY OF TIGARD, OREGON ORDINANCE NO. 85-__�&_ p p, AN ORDINANCE RELATING TO LOCAL IMPROVEMENTS; REPEALING CHAPTER 13.04 OF THE TIGARD MUNICIPAL CODE; REPEALING ORDINANCE N0, 84--60; RATIFYING ORDINANCE NO, 85-::2 1 ASSUMPTION CRITERIA FOR BANCROFT ASSESSMENTS; AND ADOPTING REVISED GENERAL PROCEDURES RELATING TO LOCAL IMPROVEMENTS. WHEREAS, State law in ORS 223.389 mandates the council may prescribe by ordinance or resolution the procedure to be followed in making local assessments for benefits ? from a local improvement upon the lots which have been benefited by all or part of the improvement; and WHEREAS, the Tigard City Council has se•t a goal to examine and revise Local Improvement District policies and procedures including the financing policies to z clarify specific issues, and to be consistent with city-oi.de community development plans and financial plans; and WHEREAS, the goal of the Local Improvement district Policy and Procedure Report was to establish effective and efficient I..ID policies and procedures for the city which will. promote desired development and also ensure the protection of the city's future -Fiscal resources; and WHEREAS, on May 20, 1985 the Tigard City Council adopted the Local Improvement District Policy and Procedure Report by Resolution No. 85-37; and WHEREAS, Chapter 13.04 of the Tigard Municipal Code needs to be revised prior to implementing the rules in the Local Improvement District Policy and Procedure Report; and WHEREAS, the attached ordinance is designed to set the policies as provided in the Local Improvement District Policy and Procedure Report. '!'HE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1. Ordinance No. 84-60 establishing bancroft bond procedures, is -� hereby repealed in its entirety. Section L. Chapter 13.04 of the Tigard Municipal Code is hereby repealed in its entirety and the following is adopted as the revised provisions relating to Local '-Improvement Districts. GENERAL PROCEDURES Section 3. Definitions 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; ORDINANCE NO. 85- W_ Paget 2. The construction or reconstruction of sidewalks; It 3. The installation of street lights; t- r. The installation of underground wiring or related equipment; 5. The reconstruction or repair of any street improvement mentioned in this subsection; S. The construction, reconstruction or repair of any sanitary or storm s sewer or water main; 7. The acquisition, establishment:, construction or reconstruction of any off--street motor vehicle parkins facility; i 8. The construction, reconstruction, alteration, relocation or repair of any flood control dike, dam, floodway or drainage Facility; 4. The construction, reconstruction, installation and equipping of a park, playground or neighborhood facility; e t- 10. Any other local improvement for which an assessment may be made on the property specially benefited. B. "Local improvement district" means the property which is to be assessed for the cost or part of the cost of local improvement and •the property on which the local improvement is located. i' C. "Lot" means lot, block or parcel of land. D. "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, € E. "Preassessment" means a method of assessing properties for local improvement districts prior to construction of the project, based upon tate engineer's estimate (either the city or consulting engineer). Section 4. Initiation of Local Improvement Distri.ct_L Resolution to Pr mare i?rliminRrvni aneer's Report A. Initiation of District Formation_Process 1. The making of the local improvement and the local improvement district formation process may be initiated in one of the following ways a. The Council may declare an emergency to exist. b. The Council may initiate the formation of the district and the ` making of the improvement on its own motion. € c. The property owners owning at least 505 of the property benefited I by the local improvement may by written petition request the Council to form the district and make the improvement. � ORDINANCE NO. €35 Page 2 2. The Community Development Director shall prepare a Preliminary Evaluation Report. The report shall: a. Identify known factors which support the formation of the district and improvement and known factors which make the district and improvement not feasible or not in the public interest. b. Recommend approval, approval. with conditions or denial, r 3. The Community Development Director shall submit the Preliminary Evaluation Report to the Council when the recommendation is for E` approval or for approval with conditions, 4. The Cct,inci7 may request on its Own Ilul-ionto ave a �. Evaluation Report brought to it for action when therecommendation for denial., f V B. Resolution to Prepare PreliminarU Engineer'; Report t' 1. The Council shall consider the Preliminary Evaluation Report, A �. public hearing shall not be required. 2. Based on the Preliminary Evaluation Report, the Council shall: a. Direct staff to terminate work on the proposed district and improvement; or b. Adopt a resolution directing staff to prepare a Preliminary Engineer's Report. 3, The resolution directing that a Preliminary Engineer's Report L prepared may include alternatives that the Council intends for staff � to consider, Section 5. Feasibileliminar_yEn ineers Reaart "Recommendation to Council Resolution of Intention "� A. Fees I. The Council may adopt a fee schedule for the preparation of the Preliminary Engineers Report. The fee schedule shall apply -to applications initiated under Section 2(A)(1)(c). The City shall not commence preparation of the report until the 'Fee is � paid to the City. . B. Prelimina�U_�ngineers Report 1. The Community Development Director shall have a Preliminary Engineers Report prepared. The report shall: F a, Include the scope of work, location of the proposed improvements, financial information, the proposed district boundaries, estimated coats, and other relevant information which go to the feasibility of the procosed improvement and the district. b. Recommend approval, approval with conditions or denial. ORDINANCE No. 85-- 41' e1 Page 3 a i C, Project Priorities 1, The City by rule may establish standards for prioritizing projects. 0, Recommendation to Council 1. 'The Community Development Director shall. prepare a report to the Council, The report shall be composed of two elements: a. The project feasibility based on the Preliminary Engineers Report; and u, The r ecommanided p'r'oic pr io'r ity Uaaeu or, the s-�oindar tis for prioritizing projects. 2, The recommendation to the Council shall be to form the district and to make the improvement or not to form the district and not to make the improvement. E, Resolution of Intention 1. The Council shall receive the Community Development Director's recommendation. The Council shall consider the recommendation and shall decide whether to declare its intr tion to form the district and to make the public improvements. Ifo public hear•iog shall be requi r-ed, 2.. The resolution of intention shall: a. Describe the general nature, location and extent of the proposed local improvement and of the proposed local improvement district; b, Declare the Council's intention to make the improvement; r.. Indicate the method and manner of carrying out the improvement; d. Contain an estimate of the probable total cost of the impravament; e. Indicate the method of assessment to be used to arrive at a fair apportionment of the whole or any portion of the cost of the improvement to the properties specially benefited; f. Set a public hearing on the improvement; and g. Direct that notice be gi.+en of the proposed improvement and of the public hearing 3. The resolution of intention may include alternative proposals relating to a proposed local improvement; provided, however, that all of the information required for a particular local. improvement shall be included for each alternative proposal, ORDINANCE NO. 85— Page 4 K: Section 6_ Formation; Public Hearing; Ordinance to Form the District A. Alternative Procedures 1, The Council may form an improvement district and initiate and f construct a local improvement without publishing or, mailing notice to R the owners of specifically benefited property and without holding a public hearing on the matter when all of the owners of the specifically benefited and assessed property have signed a petition whish has been directed and presented to the 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 Council shall publish notice, give indivi&ial mailed notice and hold a public hearing in all situations where less than all of the owners have requested the improvement. a. Notice of Hearin 1. The Community Development Director shall give at least ten (10) drys 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 City, There shall be only one publication required; and i 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 benefited 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 portion anticipated to be paid for by special assessments; c. The date, time and place of the public hearing; d. A mtatement of a place where preliminary project design and other -' additional information concerning the improvement is available to the public; and e. 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. f. Any other information the Council may direct to be included. ORDINANCE NO, 05— Fuge-5 — 3. Any mistake, error, omission or failure with respect to mailing of notice shall not be jurisdictional or invalidate the local improvement proceedings. C. Nearing procedure 1. The Council shall hold a public hearing and shall consider oral. and written testimony. 2. The Council may order the improvement to be made and the district to be formed as provided by this ordinance. I. 3. An order -to form the district and to make an improvement shall be. made by ordinance within 90 days after the date of the final hearing. D. Decision to Make Improvement and Farm District I' 1. Remonstrances a. The Council shall. nal. proceed with the formation of the district f and the making of the improvement when the property owners owning [ two--thirds of the property to be specially assessed remonstrate s 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 the City Recorder by the close of the initial public hearing. Thereafter, no remonstrance shall be considered except from persons receiving new notice. In t situations where new notice is given, remonstrances shall be � filed by the close of the public hearing for which new;; notice was given. k C 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. � e 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. s e. A remonstrance may be withd-awn any time up until the close of the hearing held for the purpose of considering remonstrances. 2. Council Discretion Not to Form District a. The Council may decide not to proceed with the formation of the t district and the making of the improvement when the petition has f, been signed by less than one-half of the benefited property g owners, the district is deemed to be untimely or not in the best � interests of the City. f oRDrNAV%.E W1 . 85 Page b t , 4 E~. Modification to Scope of Improvement or District Sw 1. Based on testimony at the hearing, the Council may make modifications to the scope of the improvement or tho district boundary. Z. 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. r 3. A new resolution of intent shall not be required when properties are added or deleted frurn 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 z' properties when the owners have riot 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 r 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 City Recorder jr withdrawn by the close of the g reopened hearing. F. Formation of District 1. The Council 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. r Section i. Improvements- Final Plan and Specs; Resolution _Accepting Lhe Final Report A. The Plans and Specifications and improvements may be made in whole or, in part by the City, by another governmental agency, by contract or by any combination thereof. B. The Community Development Director 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 Ordi:^-�tnce to Form the District; and 2. Cause Final Plans and Specifications to be prepared and filed. C. The contract bid process shall be in accordance with 'the City's Purchasing Rules. D. The resolution accepting the final report which may include sections or) the improvement, finance, and legal summaries. h ORDINANCE NO 05,.m tom_ Rage 7 ,' Section 8. Assessment; Notice and Public Hearinn- Ordinance Spreading the Assessments A. Costs and Expenses 1. The costs and expenses of local improvements that may be assessed against the property specially benpfited 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; +' , ll cation of improvements; c. The costs of construction and i.re5wa�..- 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. B. Method of Assessment; Tvoes of Assessment ;a 1. The Council in adopting a method of assessment of the costs of any ,m 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 benefited. 2. The Council may use either a preassessment procedure or a final assessment procedure. Preassessment begins at: the formation stave and assessments are based an the estimated costs. Final assessment begins after the project is completed and is based on actual costs. C. Assessment Procedure 1. The Community Development Director shall: a. Ascertain the preassessment, final assessment or deficit assessment as directed by the Council; b. Prepare the proposed assessments for each lot within the improvement district; i0t' f E3pOf2INANCE IVO. 95— Page 5 pace 8 rM c. File the assessments with the Finance Director; and d. Submit the assessments to the Council 1n the 'Form of an Assessment Resolution. 2. The Council shall review the proposed assessments and may make modifications. The Council shall adopt an Assessment Resolution and shall direct that notice of proposed assessments be given and that a public hearing shall be held to consider objections. 3. Notice of the proposed assessments shall be given at least ].Q dans 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 City. The notice shall contain the following information: a. The nacre of the owner, the description of the property assessed, the total estimated or actual project cost assessed agairist benefited property and the amount: of the assessment against the described property; b. A date and time by which written objections to the proposed assessment stating specifically the grounds for objection must be caved and the date, time and place of a public hearing at which the Council will consider written objections; and c. A statement that the assessment in the notice or as it ma be mod i.P,ed by the Council. will be levied by the Council after the hearing and that the assessment then will be charged against the property and be imr^pdiately payable in full or in installments, if applicable. 4. Supplernentary notice of the proposed assessment and public hearing on it, in form and content to be determined by the Finance director, may +.. also be published or pcsted by the Finance Director, 5. 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 nor if personal service cannot be had, then by publication once a week for two consecutive weeks in a newspaper of general circulation in the city. 6. The Council shall hold the public hearing on the proposed assessments to consider those objections filed in writing and may adapt, correct, modify or revise the proposed assessments. The Council shall determine the amount of assessment to be charged against each lot within the local improvementdistrict according to the special and peculiar benefits accruing -thereto from -the improvement. 7. The Council shall spread the assessment by ordinance. a` ORDINANCE NO, 85-_.k Page 9 ir 774 T Section 9. Finance and Closure A, Notice of Assessment 1. The Finance Director shall send notice by first class mail within 10 days after the effective date of the ordinanc. spreading 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 7(B); 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 30 days of the date of the notice and, i.f ur�p:aid ontart 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 Director, may also be published or posted by the Finance Director. 8, installment Payments 1. The owner of any property assessed for an improvement in the sum of �h o, more, ti_ any � tie witr:, i 10 days after notice of such assessment is first given, may file with the Finance Director a r written application to pay in installments. 2. No application sha3.l be received and filed if the amount remaining unpaid upon such assessment together with the unpaid balance of any previous assessments for improvements against the same property equals or exceeds double the assessed valuation of the property, as shown on the last county tax roll, 3, The written application shall: a. State that the applicant and property owner does waive all irregularities or defects, jurisdictional or otherwise, in the proceedings to cause said 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 City's payment policies including the penalties for non--payment. ORDINANCE NO. 85-- Page 5-Page 10 �i. The Council may adopt rule3 regarding the financing of improvements, assumption of payments resulting from a transfer of ownership; interest rates and service charges for late payments; 5. The Council by resolution shall declare a payment due and payable after one year 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 owing and declaring the whole sum, both principal and interest due and payable at once. The Finance Director is then directed to proceed at once to collect all unpaid installments and to enforce collection thereof, with all penalties accled 'Iereto, in the same manner as described in Section 9(A)(2)(c), 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 conditions as set forth in r Ordinance No. 85--12. C. Deficit Assessments 1. The Council may make a deficit assessment for additional costs when y the initial assessment was based on estimated costs and the actual cost exceeds the estimated cost, 7. The Community Development Director shall follow the procedures set forth in Section 8. FX: ` 3. The deficit assessment shall be in the same proportional stare as the initial assessment. 4. The deficit assessment shall be spread by ardinance. 5. The Finance Director shall enter the deficit assessment on the City's Tien docket as an increase in the property owner's original assessment. D, Rebates and Credits 1, The Community Development Director shall if the final actual cost is less than the estimate: a. Ascertain the total amount of excess assessment; b• Prepare the proposed credit amounts for each lot within the improvement district using the method of assessment adopted by the Council in Section 8(C)(6). i ORDINANCE f�0. 85— 4� Page 11 c. File the credit amounts with the Finance Director; and d. Submit tha credit amounts to the Council in the form of an ordinance. 2. The Council shall declare the excess assessment by ordinance. 3. The Finance Director shall rebate or credit the over assessment according to the following process: a. In the event there is an outstanding balance due, a credit shall be entered into the City lien docket as an adjustment to the property owner's assessment lien account. b. In the event the original assessment has been paid in ;cull, the current property owner shall be entitled to a dash refund of the excess amount paid. E. Reassessments 1. The Council may make a rQw ese5s ment or reassessment in the manner provided by this subsection when: a. The Council is in doubt as to the validity of all or a part of such assessment by reason of such defects 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; or 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 `f- p the original making of the improvement. b. The amount of the reassessment shall not be limited to the amount of the original assessment, but the property embraced in the reassessment shall be limited to property embraced in the original assessment except that property on which the original. assessment was paid in full shall not be included in the reassessment. c. Interest from the date of delinquency of the original assessment may be added by the Council to the reassessment in rases where the property was included in the original assessment, but such interest shall not apply to any portion of the reassessment that exceeds the amount of the original assessment. 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 improvement was made, but the Council 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 assessm¢nt. max. ORDINANCE No. 85- Page 12 e. Credit shall be allowed on the new assessment for all payments • made an the original assessment. 3. Effect of Reassessment a. The reassessment shall be legally binding except that reassessment shall not be made in case of any improvement where in a remonstrance sufficient in law to defeat it has been duly filed prior to the making of the improvement. 4. procedure a. The reassessment shall be initiated by adoption of a resolution which: 1) Designates the improvement as to which a reassessment is contemplated; 2) Describes the boundaries of the district that the Council contemplates for the reassessment; and 3) Directs the Finance Director to prepare a proposed reassessment upon the property included within the district and subject to reassessment. b. Upon passage of the reassessment resolution, the Finance Director shall prepare the proposed reassessment: and file it in the office of the City Recorder. c. The Finance Director shall give notice of the reassessment by not less than four successive publications in a newspaper published in the city and, if there is no newspaper published in the city, in a newspaper to be designated by -the Council. d. The notice shall state: 1) The proposed reassessment is on file in the office of the City Recorder; 2) The date of the passage of the resolution authorizing it; 3) The boundaries of the district or a statement of the property affected by the proposed reassessment; and 4) The date, time and place where the Council will hear and consider objectives to the proposed assessment by any party aggrieved thereby. e. The Finance Director shall mail within 5 days after the first date of publication of notice to the owner of e«ch lot: affected, a copy of the notice of the proposed reassessment as provided in (d) together with a statement of the amount proposed to be charged against the lot. 4; ORDTI�ANCE NO. 85=_G� Page 13 f. Any person having an interest in the ;JFected property may within 10 days from the day of the last insertion of the printed notice, file in writing with the Recorder-, objections against the proposed reassessment, g, The Council shall. hear and determine all objections filed under Section 9(E)(4)(e). The Council may continue the hearing to correct, modify or revise the proposed assessment 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: 1) New published notice for not less than two successive insertions in a newspaper aY provided by Section 9(E)(4)(c) & (d); and 2) New individual notice as provided under Section 9(E)(4)(e) to the owners of property against which the amount of assessment is proposed to be increased. h, In situations where Section 9(E)(4)(g) applies, -the Council shall not take action until. at least 5 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 City's lien docket. c. All provisions for bonding and paying by installments shall be applicable and such city liens shall be enforced and collected in the manner, provided for collection of liens for an original improvement. d. All sums paid upon :he former assessment or any previous assessment shall be credited to the property on account of which it was paid and as of the date of payment. F. Abandan-went of Proceedings 1. The Council shall have full power and authority to abandon and rescind proceedings for local improvements made pursuant to this Chapter at any time prier to the full completion of the improvements. 2. "Liens which have been assessed upon any property under the provisions of this Chapter, shall be cancelled and paymcnts rade cn the improvements shall be refunded to the person or the person assigns or successors, paying the same. ORDINANCE No. g57 l Page 14 ME im G, Curative Provisions fA 1. No improvement assessment shall be rendered invalid by a failure to: a, Provide all of the information required to be in any City engineer's or other report, the resolution of intentioei, the a assessment ordinance, reassessment, the City lien docket or notices 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 have a lien upon or interest in such property, or by reason of any error, mistake, delay, omission, irregularity or (.cher act, jurisdictional or . otherwise, in any of the proceedings or steps hereinbefore ' specified. c. The Council. shall have the power and authority to remedy and to correct all matters by suitable action and proceedings. 2. Any mistake, error, omission or failure with respect to notice shall not be jurisdictional or invalidate the proceedings. ` Section 10. Administration ` A. Entry In City Lien Docket 1. The Finance Director shall enter in the City 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. f; 3. All assessment liens of the City shall be superior and prior to all is other liens and encumbrances on the property. 0. Filina of Resolution and ordinance 1.: The Finance Director shall file a copy of the Ordinance }o form the district establishing the local improvement district and 'the ordinance spreading the assessment with the Director of Records and Elections of Washington County. ORDINANCE NO. 85•-� Page 15 , 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 City or any official. officer or employee of the City. C. Segregation_of Liens 1. A lien against the real property in favor of the City may be segregated on application by the owner(s) subject to satisfying the provisions of this section and the rules adopted by the Council. 2. Applications shall be made to the Finance Directoe 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 County Assessor showing the assessed valuation of each tract as of January i of the year in which the segregation is requested, if available, otherwise as of January 1 of the preceding year. 3. No segregation shall be made unless each part of the original tract of land after the segregation has a true cash value, as determined from the certificate of the Assessor, of 120 percent or more of the amount of the '.len as to each segregated tract concerned. 4. The Finance Director 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 :hall remain the primary obligation of the property owner. 0. AA Plication of Ordinance 1. Tha provisions of this chapter sha13. 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 1. The Council: may adopt rules it deems necessary to carry out the formation of local improvement districts and the making of local improvements. ORDINANCE in. 85- Page '16 Section 11. Severability A. if any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect othar provisions or applications of the ordinance which can be given effect without the invalid provision or application and to this end the provisions of this ordinance are severable. Section 12. Effective Date A. This ordinaetce shall be effective on and after the 31st day after its enactment by the City Council; approval by the Mayor and posting by the City Recorder. s PASSED: By _ ����r� vote of all, Council members present after being r ad by number and title only, this � _ day of 1955. Deputy City Recorder — City of Tigard APPROVED: This �` Lir day of � �' 1985. or City of Tigard (A6:pm/0908p) t ORDINANCE N. 85--3� � Pay 17 ;