Storm damage recovery

Article 1 General Provisions

City Charter Article

Section 9-101 Definition, "Street."

As used in this Charter, "street" includes any street, avenue, boulevard, alley, lane, bridge, bicycle path, road, walk, public thoroughfare or public way, and any land over which a right of way has been obtained, or granted and accepted for any purpose of public travel. [Ch. 1903, sec. 75, am. May 3, 1913, sec. 57; 1914 rev., sec. 255; 1928 pub., sec. 255; 1942 recod., sec. 9-102; rev. Nov. 8, 1966.]

Section 9-102 Definition, "Sewer."

As used in this Charter, "sewer" includes all trunks, mains and extensions thereof, pipes, ducts, laterals, branches, manholes, lampholes, catch-basins, pumping stations and appurtenances, ditches, canals, ducts, aqueducts, gates and all other apparatus, structures and devices which the council finds reasonably necessary or proper for the disposal of sanitary sewage, or for drainage including storm water drainage, and also the relaying, repairing, reconstruction or renewal thereof. The term includes widening, deepening, straightening and diverting channels of streams, improving water fronts, filling or grading lakes, ponds or other waters and increasing or diminishing the flow of waters in natural or artificial channels, and other acts and things found necessary or appropriate for sewerage, drainage and proper disposal thereof. Use of the term "sewer" shall not require that all purposes set forth above be handled by a single facility, and construction and use of a sewer may be limited to any one or any combination of said purposes. [June 4, 1917, new sec. 275c; 1928 pub., sec. 275c; 1942 recod., sec. 9-503; rev. Nov. 8, 1966.]

Section 9-103 County Roads as Streets.

All County roads lying within the limits of the City of Portland which have not been laid out or accepted as streets by authority of the City shall remain and be County roads until they are laid out or accepted by the City as streets, and be under the jurisdiction of the County court or the Board of County Commissioners of the County in which such road is located, and shall be worked, maintained and improved as County roads outside the limits of the City are worked, maintained and improved.

The Council may, by resolution, upon order of the County signifying its willingness to accept the same, relinquish to the County for the purpose of work or improvement, control of all or any portion of any street connecting with a County road. Thereupon such street to that extent shall be under County control and shall be worked and improved in like manner as County roads until the County relinquishes its jurisdiction, and the City accepts the same. [Ch. 1903, sec. 422; 1914 rev., sec. 276; 1928 pub., sec. 276; 1942 recod., sec. 9-103; rev. Nov. 8, 1966.]

Section 9-104 Costs of Improvement.

For estimated assessment and final assessment purposes the cost of a local improvement shall be the actual cost as defined by ordinance. Allowances for engineering and superintendence as part of the actual cost shall be fixed by the Council by general ordinance from time to time. [May 17, 1918, new sec. 284-b; 1928 pub., sec. 284-b; am. Nov. 4, 1924; 1942 recod., sec. 9-106; rev. Nov. 8, 1966; am. May 20, 1986; am. Nov. 3, 1992.]

Section 9-105 Progress Payments.

The Council may make progress payments for all local improvement work by the issuance of interest-bearing warrants against the special assessment fund to be created for such improvement. [Nov. 2, 1920, new sec. 337; 1928 pub., sec. 337; 1942 recod., sec. 9-108; rev. Nov. 8, 1966; am. Nov. 3, 1992.]

Section 9-106 Payment for Work.

Payment for costs of a local improvement shall be drawn against and payable solely from a special assessment fund. Into this fund shall be paid all money collected from assessments for local improvements. The fund shall be used for payment of actual costs of the improvements. Each local improvement project shall be accounted for separately in the special assessment fund. [New sec. Nov. 8, 1966; am. May 20, 1986; am. Nov. 3, 1992.]

Section 9-107 Local Improvements.

The definition of a local improvement and the procedures for making local improvements shall be governed by this Charter, ordinance, or State law. [New sec. Nov. 3, 1992.]

Section 9-108 Condemnation.

Whenever the Council finds it necessary to take private property for a public purpose, it may purchase the same or may direct proceedings to be taken under the general laws of the State or the general ordinances of the City to obtain the property or interest therein. [New sec. Nov. 3, 1992.]

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