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Resolution No. 85-37 CITY OF TI:GARD, OREGON RESOLUTION NO, 85--J_ A RESOLUTION OF THE TIGARD CITY COUNCIL ADOPTING LOCAL IMPROVEMENT DISTRICT POLICY AND PROCEDURES. WHEREAS, the Tigard City Council wishes to adopt policy and procedures to clarify, and keep consistent, the Local Improvement District process used in the City of Tigard. NOW, THEREFORE, eE IT RESOLVED by the Tigard City Council that: The Local Improvement District Policy & Procedure Report, as revised on 5/6/85 and attached as Exhibit "A", is hereby adopted. Thestaff is hereby directed to prepare the necessary Code amendments for adoption to implement the Local Improvement District policy and procedures attached. PASSED: This _a0f).N day of /ks r� 1985. or City of Tigard ATTEST* P \i Deputy City Recorder — City of Tigard RESOLUTION NO. 85-3 lw/2 781 A b LOCAL IMPROVEMENT DISTRICT POLICY AND PROCEDURE REPORT Adopted 5/20/85 �� Resolution No. 85-37 TABLE OF CONTENTS Page Introduction 1 O. General Policy Intent a 1. Initiation 9 2. Feasibility 13 Formrition 19 4. Improvement; 23 5. Assessment 27 6. Finance and Closure 32 Appendix 38 I r E0.- (0095p) s LIST OF TABLES Page Table 1 The LID process summary: definition, 7 lead responsibility and 'key docision for each stage. Table 2 The LID process: Major actions, products 8 and decisions, Table 3 hey completion .dates for different types 17 of projects. Table 4 Types of assessments, when and how 29 they occur in the process r LOCAL IMPROVEMENT DISTRICT .POLICY AND PROCEDURE REPORT The city should efficiently and effectively process proposed and established LID projects by adopting standardized procedures and guidelines, keeping in mind the needs and interests of current and future users of the service system. INTRODUCTION In the past the City of Tigard has allowed Local Improvement Districts (LID's) to form for the multiple purposes of (1) constructing localized capital improvement projects to the city's standards, (2) providing to the owners of the benefited property a method For Financing the costs through special assessments, and (3) controlling the construction so the city is better able to operate and maintain the system. The mandated requirement: and process guidelines currently used by the city for the entire process are listed below: o ORS 223.005-223.020: Condemnation, fo-r City Improvements; Special Procedure o ORS 223.105: Municipal Condemnation Proceedings o ORS 223.205-223.295: Financing Improvements in Cities (BancroFt Bonding Act) o ORS 223.387-223.401: Assessments for Local Improvements o ORS 223.405-223,485: Reassessment o ORS 223.505-223.650: Methods of Enforcing Liens and Collecting Assessments o ORS 223.705: Financing of City Improvements; Rebonding; Reinstatement; Type of Bonds Accepted in Payment of City Liens; Assessment of Public Property o ORS 287: Borrowing and Bonds of Local Government o ORS 288.520: Public Body Issuing Bonds; Interest; Discount; Terms of Redemption; Maximum Interest Rate for State Bonds o TMC Chapter 13: Local Improvements o Local Contract Review Board Rules Some of these sections of legislation are basic minimum requirements. The state statutes provide for a wide range of differences across cities, and in many cases the application of policies may differ across LID's within a city. This is partially due to the many variables which may ur may not be present in any proposed project, and partly due to vague policies which allow flexibility in the process. The city is now in a position where some policies can and should become more specific. ProblEms in the areas of project design, project control, cash flow, and citizen involvement have led to a s'udy of these policies and procedures. The goal of this effort is to estaulish effective and efficient LID policies and procedures for the city which will promote desired development and also ensure the protection of the city's future fiscal resources. Within the context of the city as a whole, the LTD Policy fits with Council's goals in addition to the Financial issues facing the city at this time and the city's long-range plans. The LID Policy has been a goal since the increased LID activity in 1982. Other related goals since 1982 include the Comprehensive Land Use Plan, Capital Improvements Plan, other capita! project plans and a long-range Financial plan, The fiscal condition of the special assessment fund has been of major interest and it is being monitored closely. The LID Policy needs to be compatible with the various community development plans in that approval of an improvement needs to be in agreement with relevant plans or else tha plan should be revised. Otherwise only the procedures need to be coordinated. LID POLICY AND PROCEDURES -- (5/2/85). PAGE 1 This report is organized into seven sections or areas of policy, the first covering basic policy issues which are not specific to any one stage of the process. The remaining sections are for the six "stages" of the LID process. Each section is introduced with the intent of the city within the policy area, followed by a brief narrative on the policy area and current practices. Next is at listing of "Findings", including facts and statements on what sometimes i occurs either in Tigard or in other cities with similar policies. The "Policy" statements are then given along with "Key Administrative Actions". "Implementation Strategies", which completes the section, further define the policy and give a pian or direction for administering the policy as proposed. l LID POLICY AND PROCEDURES — (5/2/85). PAGE 2 in O. LID GENERAL POLICY INTENT LID POLICY AND PROCEDURES - (5/2/85). PAGE 3 s 0.0 LID GENERAL POLICY INTENT the city should efficiently and effectively process proposed and established LID projects by adopting standardized procedures and guidelines, keeping in mind the needs and interests of current and future users of the service system. A Local Improvement District or LID is a means to improve a defined land area with city services to the quality levels set by the city. The process includes both construction and financing and involves property owners, city staff and Council, financial institutions, and various private contractors. Alternative methods for local capital improvements are �ovailable to property owners, but 1_I0s have been a service provided by the city. In the past the primary reason for the city to form an LID has been to provide the homeowner in a developed area an opportunity to finance the costs for public improvements which specially benefit the property. Some districts are formed because they promote economic development or else the improvements complete portions of an adopted city plan. The third type of district which has been contemplated by Council in the past is one in an undeveloped residential area. A fourth type of district which has not been pursued in the past but is a special case is one formed as an emergency. The advantages to the property owners include the city's coordination efforts with surrounding property owners, the assurance that construction plans are consistent with city standards, the opportunity to share costs with other property owners according to special benefit to the property, the use of the city's expertise in capital construction projects, and the option to finance costs through the to all property owners, for instance some city. Not all reasons «pply .-p � property owners may be seeking to form a district only for the financing option. The LID process begins with a need for a local capital improvement. If a project is constructed the process does not end until 'ten or more years later when all finances are cleared. The efficient administration of the process depends upon the timely coordination of many activities and people. Effectiveness includes both the quality and "smoothness" of the process and is provided by a just and reasonable review of proposed projects, by r_onstructinr the improvement according to previously accepted standards, by carefully docuruenting the process, and by insuring the protection of both the city's future fiscal resources and future citizens. Effectiveness is more concerned with minimizing the long-term costs for operating, maintaining, and replacing the system, and the involvement of the various people. The successful completion of a project depends upon the cooperation of the current and future owners of the benefited property. The city intends to maximize citizen input at the right times in the decision making process, balancing it with the long-term needs of the community. 0.1 FINDINGS 0.1.1 It is tc the city's advantage to facilitate the process by controlling the types and quality of the improvements. 0.1.2 In the past, public use of private facilities has been a problem for the city. Similar problems exist with private reimbursement contracts for private constrcction of public facilities. k LID POLICY AND PROCEDURES — (5/2085). PAGE 4 0.1.3 The timing of both construction and band sales is critical, therefore control by minimizing delays is needed in addition to minimizing decision points and requirements. 0.1.4 Decisions are sometimes delayed due to the lack of some required information, thereby causing inefficiencies in the use of Council's time and inconveniences by delaying actual construction into the late fail and winter months. 0.1.5 Inconsistencies due to delayed decisions or misunderstandings have tended to increase conflicts in a process which needs consensus building. 0.1.6 Policy indecision at any one point in the process, leads to the development of dual or multiple policy proposals, creating inefficiencies due to increased staff time, increased vulnerability for Council, and confusion for the citizens involved. 0.1.7 It is very important that the city keep the files and documents current at each step in the procass. 0.1.8 The ORS requires at least one public hearing with notices during tho normal process and two opportunities to object; the first is on the formation of the district, and the second is on the spreading of the assessments. 0.1.9 Informal meetings with property owners at various times during the process have been beneficial, i} 0.2 LID GENERAL POLICY 0.2.1 THE ..-ITY SHALL ADOPT A SET OF POLICIES WHICH CLEARLY REQUIP,E CERTAIN KEY DECISIONS BY COUNCIL AT SPECIFIC POINTS IN THE PROCESS, THEREBY INCREASING THE EFFICIENCY OF THE PROCESS. 0. .2 THE CITY SHALL REQUIRE CERTAIN DOCUMENTS DURING EACH STAGE IN PREPARATION OF THE KEY DECISION, THE ^7TNIMUM BEING THAT MANDATED IN THE ORS. E 0.2.3 THE CITY'S POLICIES SHALL CONSIDER THE LONG TERM INTERESTS OF THE COMMUNITY, AND DECISIONS CONTRARY TO ADOPTED POLICY SHALL DEPEND UPON COUNCIL CHANGING ADOPTED POLICIES AND STANDARDS. 0.2.4. THE CITY'S POLICIES SHALL REFLECT THE VARYING GE11REF_S OF ADV4NTAGES AND DISADVANTAGES TO FORMING AN LID. 0.3 HEY ADP"IINISTRATIV£ ACTIONS i 0.3.1 For each stage of the process a single person will be responsible For coordinating activities and monitoring the process. 0.3.2 If conditions in a specific proposed project or district are unusual, staff shall advise council of the circumstances, the e potential impacts and how these relate to policies and past practices. LID POLICY AND PROCEDURES — (5/2/85). PAGE 5 1 i � 1 s 0.3.3 Within the service level set by Council, staff will attempt to increase the common understanding of the process by disseminating materials and letters, and by attending informal meetings. 0,3.4 Proposals for forming an LID will be considered in terms of the overall advantages and disadvantages for the specific type of proposed project. 0.4 IMPLEMENTATION STRATEGIES 0.4.1 The LID process will be outlined as consisting of a series of stages, each of which requires a key decision which must be made before proceeding to the next stage. The stages and the key decisions are shown in Table 1. 0.4.2 An outline of the normal process showing the requirad actions and reports for each stage shall be a guide for monitoring the process of each LID. The major requirements for each stage as proposed in this report are shown in Table 2. This same information in the form of a flow chart is given on each of the remaining divider pages. 0,4.3 One person will be designated as having lead responsibility for each stage which includes responsibility fc:r coordinating the various activities, monitoring the process, and preparing status reports. The department which will have the lead responsibility is shown on Table 1. 0,4.4 Wherever possible, the LID process will separate LID proposals into general categories which will have varying requirements, s LID POLICY AND PROCEDURES (512185). PAGE 6 W 'ice W L+ ci G64 0) N..J p 11 Y LL r•. y O C G O C L 6o G p to M O N N W Gd. J.1 .dU W y (E1 ..F.1 4ti Id A .^Li d d w v G u v N G C d b.�V 00 O ...+ O co L 7 d a O•+ �' ..°i 0) C W bO d C d s) 60 x C u C � C 4) ..C•t N w N 0 41 0 O •� O -u .-� as O coW .a 0 tl d {]w d .°N &7 WI 0 A O b R'W O tN0 V L. C. 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N V -^F+ .F p p 41 60 a °aCi C W F N 60 F O 47 d N M F W.•e C 60 M E O 60 a M M M.ad F p •.a 60 C tr0 N•.•i F•.a F •+ C O L N F N 47 E C O V d V N d N p 0 0 1•60 U b N a L F A (0 w p 00 V ¢�d f. an d > ?2 a.�-I O mspy d V aJ i1•d 4y O A N t0 d F.b) V Fq�J .Y H co co G O �•i d N b W N 6 .^) H p0.C-I W d 'd0 CO 9e a b W W O a E tFi) P4 00¢ m W P. � N f� m ID 04DN V FN d Ci U w J _ _ .41 v r) 0 C d C O ¢) to .dt d 41 .a H. ca Sl tFa �d e C J. ra N , • ,! ; . )}}\ell\\5 ) \ \\\L.2 \\ )\\ \k lo \79 )! /\\ \/\\\) 0.1 ) K!§ ;2o.!® it|� |j ° � \ § � ; /} \j\ \�\j� a=; o= ! ;»v = lIn | : . . . . . . . . , • sc s DrA 1, INITIATION i Citizens/ Indication of Property Interest Owners Informal Meeting with Staff i Staff Informal Meeting with property owners LID Interest Petition Key Administrative Preliminary Actions Evaluation Report by Staff Key Decision Resolution Directing Staff to Prepare the Preliminary Engineer's Report FEASIBILITY Documents LID Interest Petition Dreliminary Evaluation Report Resolution to Prepare Letter informing t, NPO of status LID POLICY AND PROCEDURES — (502!85). PAGE 9 1.0 INITIATION POLICY INTENT the city should have a set of eligibility requirements for prospective projects and guidelines for setting the parameters. The key decision for the Initiation Stage is a resolution to prepare, directing staff to prepare the Preliminary Engineer's Report. For efficiency, the information required in this stage must be sufficient for this decision and also provide adequate guidance for, the next stage. For effectiveness, the process must consider the expectations of the current property owners. The information shared at this poin-� is a foundation for the entire process. Currently interest is usually expressed by a petition (a copy is provided in the Appendix). The basic plan is discussed with staff who then advises the property owner(s) of city policies and procedures. Staff then meets informally with the property owners to answer questions on LIDS and on their proposal. Once there is general consensus among staff and property owners to proceed, the petition is presented to Council by staff Por a decision of whether or root to further study the proposal.. 1.1 FINDINGS t 1.1.1 The ORS allows a wide range of improvements, providing the city the authority todecide on eligibility requirements. Section if of ORS 223.397 states "any other local improvement for which an assessment may be made on the property specially benefited". 1.1.2 The successful completion of projects depends upon physical, economic, and political factors. Some proposals are immediately known to not be feasible at this point in time. 1.1.3 The current petition serves as an indication of general interest to further study the proposed project, however the language on the petition may appear 'to some as being a greater commitment on the part of the property owner. 1.1.4 Sometimes the petition is misinterpreted to mean those signing will support the formation of the district, which is difficult to assume before the district is better defined. 1.1.5 Often the only information a property owner receives is that given by neighbors which may not be accurate. This sets false expectations which may later create problems. 1.1.6 The boundaries of the proposed project follow only general guidelines, with variations often made depending upon the city-wide plans, citizen interest and political factors. This sometimes slows or stops the process, and is therefore inefficient. 1.1.7 During the beginning stages there are often different opinions about which improvements to include in the LID, e.g may also include sidewalks, lighting, etc. LID POLICY AND PROCEDURES — (5/2/85). PAGE 10 mo® 1.1.8 The NPO or the general citizenry is sometimes unaware of the potential change. 1.1.9 There is no rigid guideline on when a petition is brought to Council. 1,2 INITIATION POLICY 1.2.1 THE CITY SHALL NOT PROCEED TO THE FEASIBILITY STAGE AND THE PREPARATION OF THE PRELIMINARY ENGINEER'S REPORT UNTIL THE FOLLOWING IS COMPLETED: (A) PROPERTY OWNERS ARE ADVISED OF POLICIES AND PROCEDURES, (B) PROPERTY OWNERS INT'ERES'TED IN PROCEEDING HOLD MORE THAN FIFTY PERCENT OF THE PROPERTY ESTIMATED TO BE BENEFITED, (C) STAFF PREPARES A PRELIMINARY EVALUATION OF THE PROPOSAL, (D) COUNCIL PASSES A RESOLUTION TO PREPARE DIRECTING STAFF To PREPARE THE PRELIMINARY ENGINEER'S REPORT. ..� KEY ADMINISTRATIVE ACTIONS 1.3.1 A person from the Community Development Department is designated as having lead responsibility, 1.3.2 The interest petition shall indicate only an interest in possibly forming an LID. 1.3.3 An LID information meeting shall be held with staff where the interest petition can be updated. f 1.3,4 When defining the improvements to be included in the LID, staff will include everything as defined by City plans in the defined area which will avoid future reconstruction when adding standard services. 1.3.5 After staff meets with the property owners and sufficient interest is filed, staff will prepare a Preliminary Evaluation outlining the general scope of the projeci and the interest expressed. Staff then forwards the LID proposal to Council. A decision not to forward is based upon city standards. 1.3.6 Staff will determine, and report to Council in their Preliminary Evaluation, whether to forward the petition to Council using the following guidelines for when it should not be forwarded: (a) improper design (b) unreasonable operating costs (c) unreasonable maintenance costs (d) inappropriate boundaries (e) not in the best interests of the city at this time (f) insufficient interest is expressed by property owners 1.3.7 The Preliminary Evaluation by staff will inc.ude a recommendation on whether or not to proceed with the next stage based on the general nature and timing of the project. LID POLICY AND PROCEDURES (512/85), PAGE 11 1.4 IMPLEMENTATION STRATEGIES 1.4.1 To improve effectiveness at this stage, staff will prepare general information materials on LIDs to distribute to interested citizens and will meet informally with property owners to discuss this information and its relationship to 'the proposed project. 1.4.2 To avoid confusion on the intent and purpose of the petition, it will be revised. The new version will be standardized, to be used in all proposed projects. 1.4.3 More extensive research, and therefore costs, are necessary to make a determination on the feasibility or eligibility of the project. Therefore more specific eligibility guidelines are given in the next stage, Feasibility. 1.4.4 Prior to the proposal being forwarded to Council in Feasibility stage 2, staff will include a copy of the proposal to the appropriate NPO chairperson for their next meeting, inviting written or oral comments from the NPO. LID POLICY AND PROCEDURES — X5/13/95). PAGE 12 2. FEASIBILITY INITIATION Citizens/ May have to Property pay fee for the Owners Preliminary Engineer's Report i i Staff Prepare the Pre— liminary Engineer's Report Send status letter to property owners and appropriate NPO Ny Key Administrative Priority Ranking Actions by Staff t i Key Decision Resolution of Intent and setting the date for the Public Hearing FORMATION Documents Draft of Preliminary Engineer's Report Status Letter Resolution of a, Intent LID POLICY AND PROCEDURES — (5/2/85). PAGE: 13 a 2.0 FEASIBILITY POLICY INTENT the city should gather the information necessary in order to determine the priority of the proposed project and to define the city's tentative description of the entire project. The key decision For the Feasibility Stage is a resolution of intent to fo•m the district and to set a date for a public hearing. Again, the processing �f information is the primary factor for efficiency. In addition, recent changes in the bond registration costs and the construction limitations posed by the weather can increase both time and Financial costs if not handled efficiently. Effectiveness can be increased if staff is sensitive to the interests of the property owners, yet not swayed from the accepted city policies, standards, and practices. Currently the Preliminary Engineer's Report is either prepared in–house or staff supervises a consultant. On nearly all projects, engineering, costs are covered by city–funds until the spreading of assessments. The costs for the engineering study are then included in the total cost of the project. Typically the engineering study concentrates on the physical aspects of the proposed project. Decisions on the eligibility of the project have been guided by the general practice of discouraging proposed projects Formed for, the improvement of raw or undeveloped land. Highest priority is for improvements in an established residential area where the improvements are to upgrade to standards for increased capacity or to replace services which are no longer satisfactory. 2.1 Findings 2.1.1 The casts associated with financing are minimized if multiple LIDs are processed together instead of separately. 2.1.2 Slow economic times have increased the chances for defaults by individual property owners, creating a possible cash -Flow problem for the city. The risk increases if the future payments rely upon future saps of newly developed land. (see Springfield article in. the Appendix) 2.1.3 The potential economic return to the community from an LID requires a certain amount of risk. 2.1.4 More information is needed in the Preliminary Engineer's Report on the financial feasibility in tarns of the city's ability to finance the project. 2.1.5 In general, the City's financial participation in an LTD has been for oversizing and extra–capacity and varies due to the fund balances in the appropriate funds. This level of city participation has therefore varied. 2.1.6 The costs for this stage are paid from the city's operating funds until the spreading of assessments. This impacts only the city's cash flow, however if the district never forms, it is a financial loss in the operating fund. LID POLICY AND PROCEDURES — (5/13/85). PAGE 14 2.1.7 The Preliminary Engineer's Reports, if done by consultants, do not use the same format, creating problems and added expense later in the project. 2.1.8 When consultants are used by staff, the consultants are indirectly accountable to Council through intervention by staff; staff has a more indirect control and is t`,erefore more vulnerable. 2.1.9 The limit on city indebtedness set by the state in ORS 223.295(1) _s "A city may incur indebtedness in the form of bonds and other obligations by virtue of the Bancroft Bonding Act to an amount which, exclusive of indebtedness for municipal utilities but inclusive of all other indebtedness of the city, shall not exceed .09 (9%) of the latest true cash valuation of the city. Regardless of the above limitation, a city may issue bonds under said Act in an amount not exceeding .03 (3%) of the latest true cash valuation of the city." The legislature is now considering revising the limitation. 2.1.10 In the past, the City has been reluctant to form LID's for unimproved, raw land since it aides a business venture which also can place additional long—term risks on the City. The City has much less hesitation for developed, residential area improvement. Proposed districts in the category of economic development have given Council the greatest difficulty in determining a policy. 2.1.11 There are three basic methods for calculating benefit which may be used solely or in combination. These are: a. By area, i.e, by lot, square footage, dwelling units, equivalent dwelling units, etc. b. By zones or zonal, i.e. the band of area closest to the improvement benefits more than the band(s) further away. C. By Frontage, i.e. front footage. 2.2 FEASIBILITY POLICY 2.2.1 THE CITY SHALL NOT PROCEED TO THE FORMATION STAGE AND THE PUBLIC HEARING UNTIL ACCEPTING THE PRELIMINARY ENGINEER'S REPORT AND PASSING THE RESOLUTION OF INTENT TO FORM THE DISTRICT AND SETTING THE DATE FOR THE PUBLIC HEARING. t LID POLICY AND PROCEDURES — (5/2/85). PAGE 15 r 2.2.2 ELIGIBILITY REQUIREMENTS FOR LIDS SHALL DEPEND UPON THE USE OF THE LAND: (a) IF THE PROPOSED DISTRICT IS IN A DEVELOPED AREA WITH LESS THAN FULL TO STANDARD SYSTEMS, ELIGIBLE PUBLIC IMPROVEMENTS SHALL BE FOR THE PURPOSE OF UPGRADING THE SERVICE(S) TO THE PROPERTY OR SURROUNDING AREA AND SHALL INCLUDE: (1) THE CONSTR'1CTION OR RECONSTRUCTION OF SEWERS, STREETS, STORM DRAINS, SIDEWALKS, AND/OR ANY OFF-STREET MOTOR. VEHICLE PARKING FACILITY; (2) THE INSTALLATION OF STREET LIGHTS; (3) THE UNDERGROUNDING OF OVERHEAD UTILITIES; (4) THE MAINTENANCE OF NEIGHBORHOOD PARKS. (5) OTHER IMPROVEMENTS MAY BE CONSIDERED ONLY IF THEY SUPPLEMENT THE LID PROJECT. (b) IF THE PROPOSED DISTRICT IS IN AN UNDEVELOPED COMMERCIAL AND/OR INDUSTRIAL AREA, ELIGIBLE PROJECTS SHALL BE: (1) FOR THE PURPOSE OF COMPLETING ELEMENTS OF' AN ADOPTED CITY PLAN, OR (2) TO ENCOURAGE ECONOMIC DEVELOPMENT AND SHALL_ INCLUDE THE CONSTRUCTION TO COMPLETE THE SEWERS, STREETS, SIDEWALKS, AND STORM DRAINS. (3) OTHER IMPROVEMENTS MAY BE CONSIDERED ONLY IF THEY SUPPLEMENT THE LID PROJECT. (c) IF THE PROPOSED DISTRICT IS IN AN UNDEVELOPED RESIDENTIAL AREA ELIGIBLE PROJECTS SHALL INCLUDE THE FOLLOWING: (1) THE CONSTRUCTION OF SEWERS; (2) THE CONSTRUCTION OF STREETS, SIDEWALKS, STORM DRAINS; (3) OTHER IMPROVEMENTS MAY BE CONSIDERED ONLY IF THEY SUPPLEMENT THE LID PROJECT. 2,2.3 PROJECTS ARE PRIORITIZED ACCORDING 1-0 THE ELIGIBILITY CATEGORIES AND FEASIBILITY INFORMATION. FIRST PRIORITY IS PROJECTS IN DEVELOPED AREAS (AS DESCRIBED IN 2.2.2(x)). SECOND PRIORITY IS PROJECTS IN UNDEVELOPED COMMERCIAL/OR INDUSTRIAL AREAS (AS DESCRIBED IN 2.2.2(b)). THIRD PRIORITY IS PROJECTS IN UNDEVELOPED RESIDENTIAL AREAS. 2.2.4 THE CITY SHALT_ MANAGE IT'S ANNUAL INDEBTEDNESS SO THAT IF THE INnEBTEDNESS IN ANY YEAR GOES OVER THE LIMIT, THE CITY WILL ADJUST THE FOLLOWING YEAR. THE FORMULAS ARE: AVAILABLE ADDITIONAL DEBT = STATE DEBT LIMITATION - EXISTING DEBT (debt includes principal and interest) AMOUNT AVAILABLE FOR 10%-x AVAILABLE ADDITIONAL DEBT PROJECT CONSTRUCTION = 2 COSTS PER YEAR 2.2.5 THE CITY SHALL FURTHER PRIORITIZE THE TYPES OF PROJECTS TO BE CONSIDERED BY IMPOSING TIME CONSTRAINTS AND BY GROUPING SIMILAR PROJECTS TOGETHER FOR THE PURPOSE OF .COMPETING FOR LIMITED FUNDS. TABLE 3 OUTLINES THE TIME CONSTRAINTS FOR EACH TYPE OF PROJECT. LID POLICY AND PROCEDURES — (5/2/85). PAGE 16 Table 3: Key completion dates for different types of projects. Priority 1 Priority 2 Priority 3 Undeveloped Undeveloped Developed Commercial/ Residential Area Industrial Area Area Resolution to Prepare September 15 September 15 or while there (Initiation Stage) are sufficient funds. Ordinance to Form March 1 March 1 March 1 (Formation Stage) Construction Spring/Summer Spring/Summer Spring/Summar Bond Sale June/July June/July June/July Minimum Estimated Three or more Two or more More than Total Size property owners tax lots one acre Application Fee - - - - - - - - - - - - - - - - - Yes Yes - - - - - - - - - - - - 2.2.6 PROPERTY OWNERS MAY BE REQUIRED BY COUNCIL TO PAY A FEE AlTHE BEGINNING OF THE FEASIBILITY STAGE TO OFFSET COSTS INCURRED DURING THIS STAGE IF THE PROPOSED IMPROVEMENT IS IN AN UNDEVELOPED AREA. 2.2.7 LID PROJECTS ARE l"O BE DESIGNED IN ACCORDANCE WITH ADOPTED CITY STANDARDS. 2.2.9 CITY SHARE CONTRIBUTIONS ARE CITY BUDGETARY DECISIONS ONLY, NOT LID POLICY, 2.3 KEY ADMINISTRATIVE ACTIONS 2.3.7. The Community Development Department has lead responsibility during this stage. 2.3.2 Given staff workloads and expertise required, staff recommends whether the City should contract out the preparation of the Preliminary Engineer's report . 2.3.3 The Preliminary Engineer's report shall include the following financial data: (a) The city's calculated limit for bancroft indebtedness; (b) Cash available; (c) Type of interim financing to be used; (d) Special concerns For the timing of the project for 'Financing; (e) The assessment histories of the current property owners for outstanding assessments; (f) City participation or other funding. LID POLICY AND PROCEDURES — {5/13/85)• PAGE 17 2.3.4 The Preliminary Engineer's report shall include the following: (a) The benefits to the city the project serves, i.e. completing a system, economic development, or health and safety; (b) The percentage of owners and the area represented who are proponents; (c) The boundaries, the general design of the project, and the facilities approximate location; (d) Estimated total cost; (e) The list of Property owners, addresses, property descriptions (tax lot) and proposed assessments. 2,3.5 Staff shall project the priority ranking of a proposed project according to Council's guidelines, 2.3,6 The method used to calculate special benefit depends upon the parti.'�ular mix of improvements and the ;pe dal conditions such as the land configuration and slope. In general, the following guidelines are used: (a) Sewers by area or per equivalent unit (b) Streets by a combination of area and frontage, or a special application of zonal, i.e. zoned use calculated from anticipated trip generation (c) Storm drainage by equivalent service unit (d) Sidewalks by linear foot (e) Parking by an equivalent unit, i.e. floor space (f) Undergrounding by area or per equivalent unit or by zoned use, i.e. density, 2.3.6 If consultants prepare the report, they will also present the report. 2.3,7 Staff may "batch" the proposals at this stage so it is more efficient and easier to prioritize the projects for the available funds. 2.4 IMPLEMENTATION STRATEGIES 2.4.1 Standardize the requirements for the Preliminary Engineer's Report, 2.4,2 Keep current the list of consultants eligible to do the Preliminary Engineer's Report. 2.4,3 Determine the basic service cost for the Preliminary Engineer's Report. 2.4.4 At the beginning of the stage, staff shall send a letter to property owners within the district and to the NPO(s) which are involved stating the status of the project, the next steps in the process and a tentative timeline. f LID POLICY AND PROCEDURES — (5/2/85), PAGE IS 3. FORMATION FEASIBILITY Citizer.s/ OPoortunity to file Property Remonstrances to Owners the Formation of the District Staff L---�- Publish and mail notices Finalize the Preliminary Engineer's Report when necessary Key AdministrativeCnotification nge for Actions for the ic Hearing rdinance Key Decision Ordinance to Form the District IMPROVEMENT Documents Notices Finalize the Preliminary Engineer's Report Ordinance Forming the District LID POLICY h'ND PROCEDURES PAGE 19 3.0 FORMATION POLICY INTENT . , the city should provide to citizens the opportunity to question and make statements in a public meeting with regards to the proposed project and whether it meets established policies and procedures. The key decision for the Formation Stage is an ordinance forming the district. This follows a public hearing on the project as proposed. The state has clear requirements assuring the citizens the opportunity to object which is reflected in the city's current code and practices. Currently the city publishes the notice at least twice in the local newspaper and sends the notice to all property owners. Property owners have at least ten days from the first publication of the notice to file a remonstrance to the formation of the district. If "owners of sixty-six and two-thirds percent or more in area of the property within the assessment district may make and file with the City Recorder written objection or remonstrance against the proposed improvement, such objection or remonstrance shall be a bar to any 'Further proceedings in the making of such improvement for a period of six months, unless the owners of one-half or more of the property affected shall subsequently petition 'therefor" (TMC 13.04.050). 3.1 FINDINGS 3.1.1 ORS 223.389 states, "Provision shall. be made for at least 10 days' notice to owners of property within the proposed district in which the local. improvement is contemplated, which notice may be made by posting, by newspaper publication or by mail, or by any combination of such methods. Such notice shall specify the time and place where the council will hear and consider objections or remonstrances to the proposed improvement by any parties aggrieved thereby." 3.1.2 Sometimes the city does not have the correct names and addresses of the current owners because the listing in the county taxation and assessment department is only periodically updated. 3.1.3 More accurate names and addresses "n be obtained through title searches, which are more time consuming and costly ($50 or more per property or tax lot). 3.1.4 Currently, if the public hearing is continued to a later meeting, new notices are sent to the property owners, an extra cost of time and money. 3.1.5 Sometimes during the process of the public hearing the recommendations change, thereby changing some of the remonstrances. The remonstrances however are still counted in determining whether or not to proceed. 3.1.6 Sometimes certain weather conditions or political issues require rapid processing and notice requirements waste precious time. 3.1.7 There is no policy on future re-submittal of a proposal once rejected by Council for reasons other than filed remonstrances on sixty- six and two thirds percent or more of the property area, LID POLICY AND PROCEDURES — (5/20/85). PAGE 20 9.1.8 Non–remonstrance agreements with property owners on which has been sold sometimes create difficulties in transferring to the new owner and Property ties for the City 3.2 FORMATION POLICY in enforcement. 3.2.1 THE CITY SHALL NOT PROCEED TO THE IMPROVEMENT STAGE AND THE PREPARATION OF THE FINAL PLANS AND SPECS UNTIL COUNCIL RECEIVES OBJECTIONS AND REMONOTHE _ AND PASSES AN ORDINANCE TO FORM THEDISTRRICT'ION Or THE DIST"RI 3.2.2I PROPERTY OWNERS SHALL HAVE AT LEAST 10 DAYS NOTICE REMONSTRANCES WITH 1O THE 1" PUBLIC HEARINGS TO FILE WRITTEN OBJECTIONS' OR PRIOR THE CITY RECORDER, REMONSTRANCES CAN DE REVERSED ONLY BY THE PROPERTY OWNER. 3.2.3 PER SPATE LAW, IF REMJNS'TRANCES ARE RECEIVED TOTALING TWO THIRDS OR MORE OF THE AREA IN THE DISTRICT, COUNCIL SHALL DECIDE NOT TO PROCEED. 3.2.4 IF ALL PARTIES AGREE IN WRITING TO WAIVE THEIR REMONSTRANCE THE COUNCIL MAY WAIVE THE TIMELINE AND MAKE A DECISION ON THE ORDINANCE FORMING THE DISTRICT. 3.2.5 THE CITY SHALL PUBLISH IN A LOCAL NEWSPAPER nt= CIRCULATION THE NOTICE FOR THE PUBLIC HEARING -�cRAL oycCTIOiJS AiVD REMONSTRANCES AT LEAST 10 DAYS `0 RECEIVE MEETING. THE DATE, TIME AND PLACE OF PRIOR TO THE BE GIVEN• IF THE HEARING THE PUBLIC MEETING SHALL PUBLISHED IF TIME ALLOWS. IS COPJTINUED, ANOTHER NOTICE MAY BE 3.2,6 IF COUNCIL DECIDES NOT TO FORM T14E DISTRICT, COUNCIL WILL STATE WHETHER PROPERTY OWNERS CAN RE–SUBMIT THE PROPOSAL EITHER BY GAINING MORE SUPPORT OR BY MEETING CERTAIN OTHER CONDTTiONS. 3.3 KEY ADMINISTRATIVE ACTIONS 3.3.1 The Community Devolopment De artment during this stage. P has lead responsibility 3.3,2 3.3.3 Staff will follow the state requirements for the public hearing. At the Public hearing problems staff will be prepared to respond to known either by recommending revisions to the Preliminary decisions Report or by reporting the relevant policies and past 3.3.4 Record all non–remonstrance agreements as early as possible. 3.4 IMPLEMENTATION STRATEGIES 3.4.1 Staff willre P pare the notice and be ready to publish when the resolution of intent is passed. 3.4.2 Staff will prepare a form letter to be used if property owners want ts. o waive their remonstrance, thereby saving time in the LID POLICY ANDProces — (5l20185). PAGE 21 3.4.3 Staff will review the language on the non—remonstrance agreement so it will conform to the City's intent. LID POLICY AND PROCEDUP.ES — (5/2/85). PAGE 22 i 4. IMPROVEMEN. TEI Citizens/ main in contact Propertyth Staff Ownersgin to arrange nancing 1 1 StaffPrepare Final Plan and Specs Bid Process Manage the construction i Prepare the Final Report ( Key Administrative Resolution by Actions the Local Contract Review Board to Award the Contract Key Decision Resolution Accepting the Final Report ASSESSMENT Documents Final Plans & Specs Res. Award. Contract Constr. Contract Final Report Resolution Accepting th�Final R LID POLICY AND PROCEDURES — (5/2/85). PAGE 23 4,0 IMPROVEMENT POLICY INTENT the city should proceed with the construction and financing of the improvements, controlling the project p� so that it is completed to the specifications as close to the estimated ® cost as possible. The key decision for the Improvement Stage is a resolution accepting the final rgpart. This stage also includes an intermediate decision for Council acting as the Local Contract Review Board and that decision is a resolution awarding the contract. The efficiency of both the construction and financing processes can be enhanced if the project can take advantage of favorable weather and market conditions. Both the efficiency and effectiveness can be facilitated at this stage of the process by managing the construction, which includes coordinating with the finance department. This is done by staff clearly stating expectation and requirements to the contractor, and by staff providing frequent status reports to Council. If changes occur, previous documentations are needed in order to recognize the change and handle it effectively. Currently, z,fter Council passes the ordinance forming the district, staff prepares the Final Plans and Specs which then go out to bid. If any of the construction is not done by staff, the lowest qualifying bid is awarded the contract. Staff manages the construction by frequent inspections and through the use of monetary penalties when necessary. Council receives periodic status reports dependent upon the level of activity and tha presence of Potential problems. 4,1 FINDINGS 4.1.1 The purchasing system addresses how a list of eligible contractors .; made and used, how the contractor is selected and the terms and conditions for performance and payment. 4.1.2 Guidelines on the issuance and approval of change orders are part of the Local Contract Review Board Rules and in the contract document. 4.1.3 Waiting for approval of change orders, not having clear communication and documentation of communications, and not having obtained all the rights—of--way, a'1 waste time and cause inefficiencies. 1.1.4 Interim financing must be secured, and the type of financing depends upon many factors. 4,1.5 If the project is funded by pre—assessments, the people forget or fail to understand that they may have to start payments before the construction is completed and they have a finished product. 4.1.6 Unless there is a pre—assessment, the owners forget their options for financing, with the next stage becoming more of a shock. 4.1.7 Final payment to the contractor depends upon the staff tentatively accepting the improvements. LID POLICY AND PROCEDURES — (5/2/85). PAGE 24 4.1.8 At the end of the construction, a final report on what has occurred and of the information needed for the next stage needs to be produced. 4.2 IMPROVEMENT POLICY 4.2.1 THE CITY SHALL NOr PROCEED TO THE ASSESSMENT STAGE UNTIL PASSING A RESOLUTION ACCEPTING THE FINAL REPORT ON THE PROJECT. 4.2.2 COUNCIL SHALL PROCEED ACCORDING TO THE POLICIES AND PROCEDURES OF THE LOCAL CONTRACT REVIEW BOARD AND THE CONTRACT DOCUMENTS IF ALL OR ANY PART OF THE YMPROVEMENT IS TO BE DONE_ BY PRIVATE CONTRACTORS. 4.3 KEY ADMINISTRATIVE ACTIONS 4.3.1 The Community Development Department will have lead responsibility during this stage. 4.3.2 Staff shall prepare the final plans and specs. 4.3.3 The designated project manager has the authority to approve change orders consistent with the Local Contract Review Board rules and adopted city purchasing and contracting procedures. 4.3.4 The designated project manager has the authority to tentatively accept the improvements, thereby releasing the final payment to the contractor. 4.3.5 Staff shall prepare the Final report at the conclusion of the construction which will include sections on the improvement, finance, and legal summaries. 4.4 IMPLEMENTATION STRATEGIES 4.4.1 The city will record with the county "lien intents" on the properties, increasing the likelihood that title companies will be aware of a possible lien if owners of property change. 4.4.2 Once the contractor is selected and the timetable is agread upon, staff will sent' a letter to property owners advising them of these things and of who to contact if they observe any problems. If the contractor uses subcontractors, these names will also be given. 4.4.3 In order to keep property owners inforoned of the special assessments and to allow them sufficient time to decide how they will pay their portion, staff will send a letter stating their- estimated heirestimated assessment, options available to make payment, and the anticipated timetable. An installment application with terms and conditions will be included which will have to be completed at the Assessment Stage if the property owner decides to pay by installments. LID POLICY AND PROCEDURES — (5/2/85). PAGE 25 4.4.4 A set of form letters will be developed and used to aid in managing the project, making it easier to documer�t the improvement for Future reference. 4.4.5 S'o facilitate the transfer of responsibility for the next stage the Final Report will include the following information: (a) names and mailing addresses of owners (b) property descriptions (tax map and lot iwmbers), the assessed values end size of the property (c) area of benefited property (d) the assessment method and the computed assessments i i LID POLICY AND PROCEDURES — (5/2/83). PAGE 26 5. ASSESSMENT IMPROVEMENT Citizens/ Opportunity to Property object to the Owners spreading of assess— merits in writing Staff Prepare notices for the spreading of assessments Publish and send notices Key Administrative < Preparing the Actions proposed assess— ments Key Decision Ordinance spreading the assessments FINANCE AND CLOSURE Documents Notices Ordinance Spreading the Assessments LID POLICY AND PROCEDURES — (5/2/85). PAGE 27 5.0 ASSESSMENT POLICY INTENT . , the city spreads the assessments across # the properties according to the benefit the property derives from the ( improvement. The key decision for the Assessment Stage is the ordinance spreading the assessments. This stage is simply the official adoption of the assessments, or portion of total cost, to be charged to each of the owners of specially benefited property, It is similar to the Formation stage in that the property owners have an opportunity to submit objections about this part of the process. The determination of assessments for each property is proposed in the Formation Staqe- Usually a formula is adopted which considers the types -� improvements, ine land use, and any special characteristics of each lot of land. Currently the city mails to the property owners a notice of their, estimated assessment and the date by which time objections shall be filed, which are to "state the grounds thereof" (TMC 13,04.080). City Council is to consider objections and staff's estimates and may "adopt, correct, modify or revise the proposed assessments". Assessments are for total costs and include the "cost of right-of--way and expenses of condemning the land, all costs of engineering, superintendence, advertising and legal expenses and also any and all other necessary and proper expenses" (TMC 13.04,080), The assessments are entered into the city's lien docket, thereupon becoming a lien upon the property assessed. The assessment process as outlined in this section may occur after formation and before or during the initial period of the improvement if the city decides to have an "initial assessment" (pre-assessment). The amount to be spread is based upon the engineer's estimate of total cost. If this is the case the process at this time is either to do a final assessment, adjusting to the actual final costs, or to issue refunds. The different types of assessments allowed by state statutes and how each Tits into the structure in this report are shown on Table 4. Efficiency can be greatly enhanced by standardizing the process, letters and forms which will also improve effectiveness by streamlining the documentation. The quality of the city's LID process is also dependent upon Council making decisions which are consistent with the current or rzvised policy, Special interests can sway decisions and set precedents that may not be beneficial in future decisions with other LIDs. 5.1 FINDINGS 5.1.1 ORS 223.389, "notice of such proposed assessment shall be mailed or personally delivered to the owner of each lot proposed to be assessed, which notice shall state the amounts of assessment proposed on that property and shall fix a date by which time objections shall be filed with the City Recorder. Any such objection shall state the grounds thereof, The council shall consider such object ons and mta, adopt, correct, modify or revise the proposed assessments and shall determine the amount of assessment to be charged against each lot within the district, according to the special and peculiar benefits accruing thereto from the improvement, and shall by ordinance spread the assessments." LID POLICY AND PROCEDURES — (5j2{85). PAGE 28 y c m � 'vH m low m m m w a+ m v u m m m m � 03 I M D .�N 0 C y I .a 91 h :3 m m W O W y 4 m C 60 m gg m o a c F..c+ R. m ql U m H m m j iJ y C Z, •7 v•a y.0 � .0 C AU d.a m m U Q 1 F c W N O is m Ei R. 1 u u m m ¢f m N o ae d x+ 0 0 y Z C W m c c m . C ,r m m y v c m m m m V U .�'1]I u -+ m i+ '00 V m C J) b C fes+..�. +� v V H bice.+ m 7 N m U d 0 9 C V L,dM m Op m °~ V °I m 41m m++ a m m C J 'O c O•Cf G m m ei ,y E UCOj y d N - y m o B6 q E G r+ yv rn _. m mx m m q as y � Jai m u 0 i m 0 @m< ux a rr F O m m IV � � ri y G O F $ m m E3t�-i Z 6 F Zm C2 C2 ca w m La m � y w+ c E F m m � y y Ma F m e m a o H H to [C VJ a W LID POLICY AND PROCEDURES -- (1/11/84) PAGE 29 s 5.1.2 The ORS does not require Council to have a public hearing to hear objections. 5.1,3 Property sold during this time is not noted in the County's tax lot records until later, making the identification of the current owner difficult during the next stage. Also, the new owner often is unaware they must soon pay the special ass3ssments. 5.1,4 The problem of unknown mailing addresses of owners is addressed in ORS 223.391, "Whenever a notice is required to be sent to the owner of a lot . . .if the auj.ass uT the owner or of the owner's agent is unknown to the recorder, he shall mail the notice addressed to the owner or his agent at the city where such property is located. Any mistake, error, omission or failure with respect to such mailing shall not be jurisdictional or invalidate the assessment proceedings . .. . 5,1.5 "If the initial assessment (pre—assessment) has been made or the basis of estimated cost, and upon the completion of the work the cost is found to be greater than the estimated cost, the council may make a deficit assessment for the additional cost" according to the standards stated above, with a notice and opportunity to object. (ORS 223.395) 5.1.6 "If assessments have been made on the basis of estimated cost, and upon completion the cost is found to be less than the estimated cost, provision shall be made for refund of the excess or over—plus" (ORS 223.395), 5.1.7 The administrative costs of determining who should receive a refund and the amount of such refund may exceed the total amount available for refund. 5,1.8 In the past objections have been treated like remonstrances in that policy goals have been violated in order to make exceptions for individuals with objections (e.g. case by case exceptions instead of reviewing basic policy), 5.2 ASSESSMENT POLICY 5.2.1 THE CITY SHALL NOT PROCEED TO THE FINANCE AND CLOSURE STAGE UNTIL PASSING AN ORDINANCE SPREADING THE ASSESSMENTS, 5.2.2 THE CITY SHALL PROVIDE NOTICE TO PROPERTY OWNERS OF THEIR PROPOSED ASSESSMENTS AND THAT COUNCIL WILL BE CONSIDERING WRITTEN OBJECTIONS AT A SPECIFIED MEETING PRIOR TO SPREADING THE ASSESSMENTS BY ORDINANCE ACCORDING TO THE SPECIFICATIONS IN THE ORS. LID POLICY AND PROCaDURES — (5/13/85). PAGE 30 5.3 KEY ADMINISTRATIVE ACTIONS 5.3.1 The Finance Department has lead responsibility for this stage, 5.3.2 Staff will follow mandated requirements for the notices. 5.3.3 Standardized terminology to agree with the ORS. 5.4 IMPLEMENTATIONSTRATEGIES 5.4.1 Send a copy of the installment contract early in the previous stage which clearly outlines the terms and conditions of payment by installments. 5.4.2 At the time Council considers objections to the assessments staff will proposed review for Council the proposed assessments, and the rationale and policies supporting the proposals. I 5.4,3 The problem of !<eeping a current and accurate address list is mini^ized iF the city makes more frequent contacts. personal and mail 5,4.4 Staff will have a record of actual personnel costs for each L,I.D. which will be used in calculating Lhe total cost. I i St LID POLICY AND PROCEDURES (5/2/85). PAGE 31 e 6. FINANCE AND CLOSURE CAEESSMENT Citizens! Pay assessment in Property cash or arrange to Owners pay in installments Pay assessment as billed Staff Prepare bond Prospectus Bond Sale Lien Docket Key Administrative Local Contract Actions Review Board \ accepts bids for bonds by 'n esolution Key Decision . Closing accounts and releasing liens an all benefited ;properties Documents Bond Prospectus Resolutiol, Accepting Bids for bonds Lien Docket s LID POLICY AND PROCEDURES -- (5/2/85). PAGE 32 6.0 FINANCE AND CLOSURE POLICY INTENT" the city should provide a financing option, should enforce payments so 'the project does not impact other operating funds, and maintain the improvements according to agreements and city policy. The Finance and Closure Stage is not completed until all assessments are paid and the bonds are retired. It is primarily a stage of staff activity unless more extreme enforcement procedures become necessary. The key decision for the Finance and Closure Stage is actually an intermediate decision and does not mark the end to the stage and the project. The "key decision" is the resolution accepting bids for bonds and to pay-off warrants, thereby recovering the city's costs for long-term financing along with the total amount property owners agree to pay in installments. The final decision for this stage is an action closing accounts and releasing liens on properties as they are paid. The LID is not actually ended until all accounts are closed and the bond is retired. Currently, once assessments are spread, staff receives cash or applications to to pay in installments within some specified time period. Staff then proceeds with bond counsel through the bond selling process according to Local Contract Review Board rules and the ORS. Once this initial activity is completed, there are three major activities, first with collections, second with changes which occur to the property ownership, and third with maintaining the new system. Bills for those paying in installments are currently sent twice a year. Billing costs are estimated and become part of the total amount bancrofted. No penalties are charged for early pay off. If owners of property sell any part of the property which has a special assessment, the city in the past has had a "due-on-sale" policy. 6.1 FINDINGS 6.1.1 Whenever there has been a special assessment placed upon a property for a local improvement, if the owner is assessed in the sum of $25 or more, at any time within 10 days after notice of such assessment is first published, the owner may file a written application to pay part or all of the assessment in installments. (ORS 223.210) A property owner cannot apply to pay in installments if the amount remaining unpaid upon such assessment together with the unpaid balance of any previous assessment for improvements against 'the same property equals or exceeds double the assessed valuation of the property as shown by the last county tax roll. (ORS 223.220) 6.1.2 On the computation of installments, "with interest at such rate as the governing body of the city may provide on all unpaid assessments, together with an amount sufficient to pay a proportionate part of the cost of administering the bond assessment program and issuing the bonds including, but not limited to, legal, printing and consultant's fees, such amount to be determined by the governing body" (ORS 223.215), LID POLICY AND PROCEDURES -- (5/20185). PAGE 33 6.1.3 The maximum effective rate of interest which general obligation bonds shall bear is 13 percent per annum, unless the agency is unable to sell the bonds after a reasonable marketing effort, then the interest may be increased but shall not excaed 14 percent per annum (ORS 288.520(2)). 6.1.4 "The actual rates of interest paid are determined by a combination of the general market levels, the security behind a given issue, the pattern of the maturity of the debt, and the credit standing of the city. The city can do something about each of these, except the general interest level prevailing in the market." (from Moak and Hillhouse, Concepts in Finance, cited in the Guide for Local Government in Oregon) 6.1.5 The interest rate charged to those bancroFting their assessments has been determined in varying ways on different LIDS, thereby making the interest rate a political issue instead of a technical issue to be applied consistently. 6.1.6 Technically interest begins to accrue when the assessment is spread. This happens iF the property owner pays after 30 days or if the owner bancrofts. 6.1.7 "Whenever all or part of any assessment 'For improvement was or is declared void or set aside for any reason or its enforcement refused by any court by reason of jurisdictional or other defects in procedure, whether directly or by virtue of any court decision or when the council is in doubt as to the validity of all or part of any such assessment by reason of such defects in procedure, the council may by ordinance make a new assessment or reassessment. .." (ORS 223.410) 6.1.8 The time involved in gathering applications to pay in installments is sometimes extensive either due to efforts to find correct addresses, or because people do not respect the time limits for filing, often creating problems in preparing documents for the bond sale. 6.1.9 The total amount to be bonded is the total of the assessments which have valid installment applications filed plus the interest for the bonds, plus administrative costs for the bond sale and costs which are part of all assessments, such as recording and removing liens from the county docket. 6.1.10 The City has not been recovering total costs on all of the bonds. 6.1.11 Occasionally if the property owner is late completing their installment application, Council will accept it, even though it can not be included in the bond sale, with the condition that payments will equal what they would have been if part of the bond sale. l LID POLICY AND PROCEDURES — (5/2/£5). PAGE 34 6 9 i 6.1.12 In the past the city has decided not to proceed with foreclosure i if the property owner, makes any token payment towards their- assessment, therefore possibly creating a future deficit in the fund. 6.1.13 Past practices by the city has created ver the y lax expectations on Part of property owners to the point where paying the assessment seems to have a very low priority fe:- some. 6.1.14 Legally, if property is segregated, the assessment can be reapportioned if the property is not part of a new subdivision. 6.1.15 If the improvement is a new subdivision, the lot cannot be segregated and the assessment cannot be reapportioned. All assessments rust be paid–in–full before the final plat is approved (ORS 92.095). 6,1.16 If property is segregated, the city must be careful to make sure that the segregation is not to separate out less desirable land which the owners may have no intention of developing, or of paying the assessment. 6,1.17 The process for the collection of payments is the same for all property owners within any level of collection, i.e. the initial billing with an administrative charge, a reminder, and finally a meeting is set to negotiate payment, 6.2 FINANCE AND CLOSURE POLICY 6.2.1 THE LID IS NOT "COMPLETED' UNTIL ALL ASSESSMENTS ARE PAID AND THE BONDS HAVE MATURED. 6.2,2 FOR INFORMATION PURPOSES AT TIME OF INITIATION, INTEREST RATES AT CURRENT URS LIMITS PLUS 2% WILL BE QUOTED TO PROPERTY OWNERS. 6.2.3 THE INTEREST RATE CHARGED WILL BE THE NET EFFECTIVE INTEREST RATE OF THE BOND SALE PLUS 2% FOR ADMINISTRATIVE EXPENSES, i.e., RECORDING THE LIEN WITH WASHINGTON COUNTY, BILLING COSTS, ETC. 6.2.4 INTEREST ON THE ASSESSMENT SHALT_ BEGIN TO ACCRUE TEN WORKING DAYS AFTER THE PASSING OF THE ORDINANCE SPREADING THE ASSESSMENTS FOR ALL PROPERTY OWNERS, WHETHER REQUESTING INSTALLMENT PAYMENTS OR PAYING IN CASH. 6.2.5 IF THE CITY DOES NOT RECEIVE AN APPLICATION 1-0 PAY IN INSTALLMENTS WITHIN TEN WORKING DAYS OF NOTIFICATION OF ASSESSMENT, IT WILL BE ASSUMED THE PROPERTY OWNER WILL BE PAYING IN CASH. 6.2.5 IF A PROPL'TY OWNER MISSES THE DEADLINE FOR MAKING APPLICATION TO PAY IN INSTALLMENTS, AND THE BANCROFT BONDS HAVE BEEN SOLD, THEN THE APPLICANT MUST PLEAD HIS CASE TO COUNCIL, If COUNCIL APPROVES, PAYMENTS ARE SET AT ACTUAL COSTS, WITH A PAYMENT -e- SCHEDULE DESIGNED TO REPAY THE CITY AS PROMPTLY AS POSSIBLE, LID POLICY AND PROCEDURES — (5/2/85). PAGE 35 eat. 6.2.7 IN ADDITION TO THE APPLICATION TO PAY IN INSTALLMENTS, A PROPERTY OWNER SHALL SIGN A SEPARATE TERMS AND CONDITIONS CONTRACT OUTLINING THE PAYMENT POLICIES OF THE CITY, INCLUDING PENALTIES FOR NON-PAYMENT. 6.2.8 IF AN APPLICANT 7'O PAY IN INSTALLMENTS IS CURRENT ON OTHER LIDS, SEWER BILLS OR PROPERTY TAXES ON THE ASSESSED PROPERTY, THEY SHALL BE ELIGIBLE FOR FINANCING. 6.2.9 IF THE IMPROVEMENT IS IN THE FIRST PRIORITY (A DEVELOPED RESIDENTIAL AREA), THE PROPERTY OWNER CAN FINANCE 100% ALLOWABLE BY ORS. IF )'HE IMPROVEMENT IS IN THE SECOND PRIORITY (UNDEVELOPED COMMERCIAL AND/OR INDUSTRIAL), THE PROPERTY OWNER CAN FINANCE 75% ALLOWABLE BY ORS. IF THE IMPROVEMENT IS IN THE THIRD PRIORITY (UNDEVELOPED RESIDENTIAL), THE PROPERTY OWNER CAN FINANCE 50% ALLOWABLE BY ORS. 6.2.10 IF THE INITIAL_ ASSESSMENT (PRE-ASSESSMENT) HAS BEEN MADE ON THE BASIS OF ESTIMATED COST, AND UPON COMPLETION OF THE PROJECT THE ASSESSED COST IS LESS THAN THE FINAL COST, COUNCIL SHALL MAKE A DEFICIT ASSESSMENT. 6.2.11 IF THE INITIAL ASSESSMENT (PRE-ASSESSMENT) HAS BEEN MADE ON THE BASIS OF ESTIMATED COST AND UPON COMPLETION OF THE PROJECT THE ASSESSED COST IS MORE THAN THE FINAL COST, COUNCIL SHALL PROVIDE FOR A REFUND IN THE SAME MANNER AS THE PROJECT WAS ORIGINALLY ASSESSED. 6.2.12 IF OWNERSHIP OF PROPERTY CHANGES, THE ASSUMPTION OF THE REMAINING BALANCE OF THE INSTALLMENT AGREEMENT SHALL BE BASED ON THE CRITERIA ADOPTED BY COUNCIL, BUT SHALL IN NO CASE BE ALLOWED FOR BALANCES OF $3,000 OR LESS Oid HOMESTEAD PROPERTY. 6.2.13 INTEREST EARNINGS ON BOND PROCEEDS SHALL BE PLACED IN THE SPECIAL ASSESSMENT FUND 'UNTIL THE BONDS HAVE MATURED, AT WHICH TIME THE REMAINING AMOUNT SHALL BE TRANSFERRED TO THE GENERAL FUND. 6.2.14 IF A PAYMENT IS 30 DAYS LATE, A PENALTY OF $25.00 SHALL. BE CHARGED. 6.2.15 SHOULD THE OWNER NEGLECT OR REFUSE TO PAY INSTALLMENTS AS THEY BECOME DUE AND PAYABLE FOR A PERIOD OF ONE YEAR, THE ACCOUNT IS CONSIDERED DELINQUENT AND THE ENTIPE BALANCE BECOMES DUE IMMEDIATELY. THIS ACTION REQUIRES A RESOLUTION. 6.2.16 THE COUNCIL SHALL DO A FINAL ACCEPTANCE OF IMPROVEMENTS BY RESOLUTION AFTER ALL PENDING PROBLEMS WITH THE IMPROVEMENT ARE RESOLVED AND THE CONTRACTOR IS RELEASED FROM RESPONSIBILITY. 6.3 KEY ADMINISTRATIVE ACTIONS 6.3.1 The Finance Department has lead responsibility in this stage. LID POLICY AND PROCEDURES — (5/2/85). PAGE 36 o 6.3.2 Immediately following the passage of the ordinance spreading the assessments, staff will publish in the local newspaper the list of property owners and the" special assessments and mail the same to each property owner along with an installment application. 6.3.3 Staff shall enter the assessments on the city's lien docket, but shall also record them in the county so title companies are aware of the assessment if property is sold. 6.3.4 The terms established for the bonds on the date of sale, the Pattern of maturity, etc. are dependent upon the condition of the bond market at the specific time of the sale. Therefore, staff needs the authorit response to the market. y to make immediate decisions in 6.3.5 Interest to be charged on installment contracts for unbonded assessments is to be two percent greater than the interest ji charged in the most recent bond sale or two percent greater than what is charged the Other' property owners in the same IID, whichever is greater. 6.3.6 Prior to the expiration of the maintenance bond, staff will do a final inspection, arrange to clear everything y g pending with the contractor, and when cleared, inform the finance department who in turn, informs the bonding company to release the maintenance bond. �• 6.4 IMPLEMENTATION STRATEGIES 6.4.1 The costs of issuing the bonds are estimated and added to the total costs for those applying to pay in installments. 6.4.2 Determine service charges for the successive billings, and review the rate annually. 6.4.3 Determine service charges for covering costs to update the county's lien docket and other costs, and review the rate annually. 6.4.4 Develop and adopt a process for reviewing applications to reapportion a bancroft account. LID POLICY AND PROCEDURES — (5/2/85). PAGE 37 i APPENDIX LID POLICY AND PROCEDURES - (5/2/86). PAGE 38 'PO: 'C1IE HONORABLI. MAYO:( ANO ('17Y �'UU NCII. cit, of Tig'�r'I Count}' of 41aa hmy toll State of Oregon In the Matter of the Improvement ) of lands described as: ) PETITION FOR AND CONSENT TO CREATE A } LOCAL IMPROVEMENT DISTRICT Petitioners hereby request that the hereinbelow described area be improved by creation of an assessment district for the express purpose of (1) That the undersi—ed is in fact the owner(s) or the contract purchaser(s) of the indicated property(s). (2) That the undersigned represent one-half or more of the affected area as here- inbelow described. (3) That the cost of this improvement to be borne by the benefited properties and In respect thereto respectfully show: That the area proposed hereby to be improved by creation of an assessment ;strict comprises approximately acres, and is legally described hereinbelow —z in the attached sheet marked Exhibit "A" which by reference herein is made a part hereof)_ WHEREFORE, petitioners pray that said lands be improved by creation of an assessment district and that the City Council of the City of Tigard, Oregon, expedite creation of the same as provided by law, Signature Address Nap k Book # Tax Lot ' Page # -r LI �. 95 - i(�1jtlt�tt1$1Is(°I1Jj 111111la1ijI'll°111I1rjt1IFiT mim(tjil!f1�1f��1��D;�°t>�titlifJl�lT�fTt��liill?.�lCldtie�Ifajalt�alapielailjaaa�alaj�9r rfr(alt�eiejeta�°!`jai°�r;aja6a NOTE: IF THIS NICRDFILMEo i2 DRAWING IS LESS CLEAR THAN THIS NOTICE, IT IS DUE TO 1 THE QUALITY OF THE ORIGINAL DRAWING. - AE-6Z BZ dZ 9Z SZ V2 'cz ZZ IZOZ 6a ea Lf 41 .5f' bt 61 zl II Oi aS .__8 au�ua6tu�amlaat�uuAx�Mtalrta+�iaali -- f A R Cl j jjU9.0 'I. IlIFIT-IAT;Cit 2. FESS_8IL-IT.Y 3_ FOWWTI'.3N - 9_ 1r*ji0eZrfE* 5. A'SS£ %T Citizens/ ZAdicatiOn of tray tsaae to pay rt d t to € ? - = y e- 2eaair. tr cent-ct �rPxrtnity t, Gay assessment ProPe*2� Interest fee for itis to with Staff ocpect TO the cash or arrange _r Owners informal tlr.eti% Preliminary Lev Formation of 5e19ir to atraTye spasraairay of assQas- pal in Eninsta_;srts :;ith Staff gineer's Report the aiatrict meets sn.r+-iY ?ag +aj 34ssessaert __. _..-------- as billed - 2 Staff informal !Seems Prepare the Prelit Pub. in. aras nail . prt rs v -�-- ~ y , pare Final Plan PrepareraCJt lCz1 f"sT Prepare t(ir+C .ath property roar-s Engineer's notices and Specs the spreading of prospectus our�ers - Report Finalize tame BiC Process assessments 3oro Sale LIST Interest Seed statics letter Preliminary ISarwage Lire (� Publish ars? `-7 PYtitito Pien Docket On Property owners's epos construction f! meed rwtic¢s -- L r fngiere¢r's Report L : —- and appropriate itPd when necessa-y Prepare time Final - - - Key Prelimitsary Priority Rantcinq� ,�Arrangr for Resolution \ I /� Preparingthe �!t Local Contract Administrative £valuation , by Staff rwtification , ttse local proposed mase semis` ` Review Hoard Actions Repo by — - ---f and for the Contract Review I l accepts bids Staff - __- Public Nearing Board to Award / i for bonds by vn Ordinance/ the Contract € Resolution S a � i Key Decision Resolution Resolution Ordinance to Resolution /. Ordinance apreadirg� /Closing accounts \ Directing Staff to i of Intent and Form the District Accepting Lhe\ tho assessments // and releasing Prepare the ) setting the date \ Final Report liens on all Preliminary \ for the Public \_ benefited ropertieV \Engineer's Report/ Nearing j � -- --- __1___ Bond Prospectus -- Documents LIO Interest Draft of �. Notices Finalize Final Plans 6 Specs Notices Resolution Accepting ) Petition Preliminary the Preliminary Res. Award. Contract Ordinance S readi PreliminaryP ng Bids for bonds j Engineer's Report j Engineer's Report Constr. Contract the Assessments Lien Docket Evaluation Report Status Letter i. Ordinance Forming Final Report Resolution to Resolution of the District �- Prepare Intent - y Letter informing NPO of status 1_IL7tli11i1C1ltIf1111I71f! 11 l -i .;.. .. .. __ - _ _ • -- �_.:�_._ �, .. I�►1:] f � {:] I � I.1 i.( I� i+i:.l} 0 f l{ 11.1 I��1�T1�►il{m� i.j!I-�I�j��rl9{�!�[01]11!�`Ii��i�1{1]I�[�}t€►il�tlt91{t�14T1t11�11Tstltlt�l]fll�lflT1{I�Igt]art�l�tOtrt�tyalap! Y ti NOTE: IF THIS MICROFILMED ! Y.... _...� 3 --- - 5 . . �._ - 7-. 8 _ 8 10 ..._ �_. ---...:...._�2' mom A199MRII& DRAWING IS LESS CLEAR THAN I THIS NOTICE, IT IS DUE TO THE QUALITY OF THE ORIGINAL DRAWING. '-.�.-- ae 62 Bi lz 9Z 92 fi Ez z6 18 OZ 8t 81 t1 91 `9f bt -6i ZI - It ' Oi 6 ® L 9 S ---manA R C11; -.._ 7-7 _tn 3u.