Chapter 9 Local Improvements; Assessments; Collections
Article 1 General Provisions
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.]
Article 2 Street Grades
Section 9-201 Original Establishment.
When the Council has not established the grade of a street or part thereof, it may at any time be established by the Council without taking any of the proceedings provided for in this Article, by setting forth the elevation of the finished road surface at the center line of the street or portion of a street designated for travel. [Nov. 7, 1922, new sec. 256; 1928 pub., sec. 256; 1942 recod., sec. 9-201; am. Nov. 8, 1966.]
Section 9-202 Authority to Change Grades.
The Council may change any established street grade, may determine the amount of any damages to be paid as a result of the change, and may make a local assessment therefor. Variation of one foot or less above or below an established grade shall not constitute a change of established grade. When a structure, including pavement, driveway, building, or other construction, has been constructed upon abutting property after original establishment of grade, and damages are claimed as hereinafter provided for that structure, no change of grade shall be made without determining whether any damage is sustained and providing for payment of any such damages as set forth in this Article. In other cases the Council shall determine whether or not damages to abutting property shall be considered or awarded. [Nov. 7, 1922, new sec. 257; 1928 pub., sec. 257; 1942 recod., sec. 9-202; am. Nov. 8, 1966.]
Section 9-203 Initial Engineer's Report.
Whenever the Council deems it expedient to change the grade of any street or part thereof within a district continuously affected by the change of grade, it shall direct the Engineer to report thereof. The Engineer shall thereafter, as soon as convenient, file with the Auditor a report showing the location and nature of grade changes which in the Engineer's judgment should be made. The report shall also describe the area which the Engineer deems to be affected by the proposed change of grade. [Nov. 7, 1922, new sec. 258; 1928 pub., sec. 258; 1942 recod., sec. 9-203; am. Nov. 8, 1966.]
Section 9-204 Notices and Hearing.
The Council may approve the initial report of the City Engineer by resolution, or make changes therein, and declare its intention to make such change of grade, stating the location and nature of the proposed grade change. The Auditor shall publish in five (5) successive publications of the City official newspaper notice of the proposed change of grade, setting forth the nature of the proposed change, the time within which objections against such proposed change of grade and claim for damages may be filed in writing with the City official designated by ordinance, and the time when said matter and objections will be heard by the Council. Objections and claims for damages may be filed within twenty (20) days from the first publication of the notice. The time for hearing shall be the next regular meeting of the Council following said twenty (20) days. Within five (5) days from first publication of the notice, the City Engineer shall cause to be posted on the street or streets affected by the proposed change of grade, a notice headed, "Notice of Change of Grade," containing a legible copy of the notice published. One of such notices shall be posted at or near each street intersection where the proposed change of grade is to be made. If no intersection is affected by the change of grade then the posting of one notice at or near the intersection closest to the maximum point of change of grade shall be sufficient. The City Engineer shall maintain in the project file an affidavit of posting stating the date when and the places where the notices were posted. The Auditor also shall send notice to the persons named as owners of the property within the affected area designated in the Engineer's report as adopted by the Council. If the address of any named owner is unknown and if that person has an agent whose name and address is known, notice shall be mailed to that agent; otherwise it shall be mailed to the named owner addressed at Portland, Oregon. However, failure of any such person or the true owner to receive the mailed notice shall not invalidate the proceedings. [Nov. 7, 1922, new sec. 259; 1928 pub., sec. 259; 1942 recod., sec. 9-204; am. Nov. 8, 1966; am. Nov. 3, 1992.]
Section 9-205 Objections, Claims for Damages.
At the time of hearing, if the Council finds that no claims for structural damages have been presented by property owners and that any objections filed do not represent three-fifths in area of the property affected, the Council may by ordinance make such change of grade without awarding damages and without further proceedings, or may determine that a further report concerning damages to owners of property injured and benefits to owners of property specially benefitted should be made by the City Engineer. If the Council finds that the owners of more than three-fifths in area of the property affected have filed written objections, no further proceedings shall be taken for a period of six (6) months, except on petition of the owners of more than half in area of the affected property, or unless the Council determines that an award of damages shall be made for probable injuries to property. If the Council determines at the hearing that there are probable injuries to affected property as a result of the proposed change, then the Council may direct the City Engineer to report on damages and benefits. All owners' claims for damages shall be verified and shall state the facts upon which the claim is based and the amount thereof. [Nov. 7, 1922, new sec. 260; 1928 pub., sec. 260; 1942 recod., sec. 9-205; am. Nov. 8, 1966; am. Nov. 3, 1992.]
Section 9-206 Award of Damages and Assessment of Benefits.
A report by the City Engineer on damages and benefits shall state the amount of damages which in the Engineer's judgment should be awarded to the owner of each property injuriously affected by the proposed grade change and a detailed proposed assessment on each lot and parcel of land in the Engineer's judgment specially benefitted, proportionate to its share of benefits resulting from the change. Upon the filing of the report the same procedural steps shall be taken with like force and effect as provided for municipal condemnation proceedings. [Nov. 7, 1922, new sec. 261; 1928 pub., sec. 261; 1942 recod., sec. 9-206; am. Nov. 8, 1966.]
Article 3 Elimination of Grade Crossings
[Article added November 6, 2018, effective December 5, 2018.]
Section 9-301 Authority of Council.
The Council has authority to determine whether any railroad crossing of any street within the corporate limits of the City at or near street grade is dangerous, and to provide for the elimination of that grade crossing. [June 2, 1913, subdn. a of new sec. 372 1/2; 1928 pub., sec. 265; 1942 recod., sec. 9-401; am. Nov. 8, 1966; am. Nov. 3, 1992.]
Section 9-302 Plans and Specifications.
Whenever the Council finds that a railroad grade crossing should be eliminated, it may by ordinance require the City Engineer to prepare plans and specifications for, and estimates of, the cost. [June 2, 1913, subdn. b, new sec. 372 1/2; 1928 pub., sec. 266; 1942 recod., sec. 9-402; am. Nov. 8, 1966; am. Nov. 3, 1992.]
Section 9-303 Conference with Railroad Engineer.
In preparing plans, specifications and estimates, the City Engineer shall confer with the Civil Engineer of any railroad company having an interest in the crossing, for the purpose of determining a reasonable plan and method for eliminating it. If the City Engineer is unable to agree with the Engineer of the railroad company, the City Engineer shall proceed to determine a proper and reasonable plan and method of eliminating said grade crossing; provided, however, that if the civil engineer of an interested railroad company does not confer with the City Engineer after ten (10) days written notice, the City Engineer may proceed with the preparation of plans, specifications and estimates without a conference. [June 2, 1913, subdn. c, new sec. 372 1/2; 1928 pub., sec. 267; 1942 recod., sec. 9-403; am. Nov. 8, 1966; am. Nov. 3, 1992.]
Section 9-304 Filing of Plans and Objections.
The City Engineer shall file with the Auditor a report on elimination of the grade crossing with the necessary plans, specifications and estimates of the cost. The City official designated by ordinance shall notify in writing each interested railroad company, and any company shall have thirty (30) days from date of the notice to file with the Auditor objections thereto, or to propose modifications thereof, or to file other or different plans and specifications, together with the estimates of the cost. [June 2, 1913; subdn. d, new sec. 372 1/2; 1928 pub., sec. 268; 1942 recod., sec. 9-404; am. Nov. 8, 1966; am. Nov. 3, 1992.]
Section 9-305 Consideration of Plans and Report of Damages.
Within three (3) months after the thirty (30) day period for filing objections, the Council shall consider the report, objections, plans, specifications and estimates filed, or may refer the matter to a commissioner or committee of commissioners for this purpose, in which event the City official designated by ordinance shall mail five (5) days notice in writing to any company interested when the commissioner or committee will consider the matter, and at the time specified any company may attend and be heard thereon. Upon filing of the commissioner's or committee's findings and recommendations, the Council may adopt a plan and method for eliminating the grade crossing and adopt specifications therefor, or it may dismiss the proceedings. If it appears that change of street grade will be required in eliminating the grade crossing, the Council shall determine whether such grade shall be changed, with or without considering damages to adjacent property. If the Council determines to consider damages to adjacent property, it shall require the City Engineer to report the estimated damages that property may sustain by reason of the change of street grade, based on the depreciation, if any, in market value on account of the change of street grade. In estimating the depreciation of market value, the City Engineer shall take into account the benefits, if any, the effect which the proposed improvement will have upon market value of the property, and the probable assessment against the property for the improvement. [June 2, 1913, subdn. e, new sec. 372 1/2; 1928 pub., sec. 269; 1942 recod., sec. 9-405; am. Nov. 8, 1966; am. Nov. 3, 1992.]
Section 9-306 Apportionment of Damages and Benefits.
Upon filing of the City Engineer's report on damages, the Auditor shall publish in four (4) successive publications in the City official newspaper a notice that such report has been filed, stating the amount of damages to each property as estimated by the City Engineer, the date when the report of the City Engineer will be heard by the Council, and that written objections thereto may be filed with the Auditor any time prior to the day of hearing. The date of hearing shall be not less than five (5) days after the last publication of notice. The Auditor shall also send a copy of the published notice to each person interested in land affected. If the address of such person is unknown, and if such person has an agent whose name and address is known, notice shall be mailed to the agent; otherwise it shall be mailed to the owner addressed at Portland, Oregon. At the time of hearing the Council shall consider the report and all objections thereto and may refer it to any committee or commissioner for further hearing and report. At any time thereafter the Council may determine the damages to be awarded for the change of street grade.
If construction is contemplated by the Council in order to effect the elimination of a railroad grade crossing, no proposed assessment to property benefitted by the change of street grade need be made in the proceedings for change of street grade, but rather a statement may be made that such damages will be assessed as a part of the total improvement cost or will be financed in a particular manner. Thereafter the cost of making the change and improvement shall include, as part of the cost, the total damages awarded on account of such change of street grade. The Council shall determine whether any portion of the total cost of the improvement shall be financed by assessment of benefits to property within an assessment district as a local improvement, and if so, the total cost shall be apportioned as follows: sixty percent shall be paid by the company or companies owning or controlling the railroad trackage at the crossing; no more than twenty percent shall be assessed against the property benefitted thereby within the district fixed by the Council; and the balance may be paid by the City, or as the Council may determine. Total cost shall include the cost of raising or lowering tracks within street boundaries, but the raising or lowering of tracks outside street boundaries shall be the sole responsibility and expense of the railroad company. Total cost shall also include all other costs and expenses of the improvement, plus damages to property within the district. Whenever the street is occupied or used by more than one railroad company, the railroad's share of the total cost of the improvement shall be apportioned among them. The cost and expense of raising or lowering the grades or tracks outside street area to be borne by the affected companies shall be apportioned by the Council unless, within thirty (30) days after the Council orders the improvement, all affected companies file with the Auditor their mutual agreement thereon. [June 2, 1913, subdn. f, new sec. 372 1/2; 1928 pub. sec, 270; 1942 recod., sec. 9-406; am. Nov. 8, 1966; am. Nov. 3, 1992.]
Section 9-307 Advancement to Special Fund.
If damages are allowed to adjacent property owners because of the change of street grade, upon final determination of the amount to be awarded to each property owner and upon determination by the Council to proceed with the improvement as provided in Section 9-408, the Council shall loan or otherwise transfer from any available fund to the special assessment fund, an amount sufficient to pay all such awards. The warrants then shall be drawn in favor of the persons entitled thereto in the amounts awarded, payable upon demand, with interest as set by ordinance. No such warrant shall be delivered to a property owner who has been allowed damages until the owner applies therefor and files written acceptance of such allowance, or until the amount of award has been finally determined. The advancement authorized herein, with interest as set by ordinance, is part of the cost of the improvement and the amount of the advancement with interest shall be returned to the fund from which it was advanced, subject to the apportionment of the City's share, if any. [June 2, 1913, subdn. g, new sec. 372 1/2; 1928 pub., sec. 271; 1942 recod., sec. 9-407; am. Nov. 8, 1966; am. Nov. 3, 1992.]
Section 9-308 Remonstrances, Assessments and Collections.
If a portion of the cost of eliminating a railroad grade crossing is to be financed by local improvement assessments, the procedures for establishing a local improvement district and assessing property shall be followed. Remonstrances may be filed with the Auditor by property owners within the time to be fixed by resolution. Upon the expiration of that time, the Council shall determine whether or not to proceed with the matter. If the Council determines to proceed it may overrule any and all remonstrances. Assessments made hereunder shall be entered in the docket of City liens and collected in the same manner as other assessments and the amount to be paid by a railroad company also shall be entered on the docket of City liens and shall constitute a lien against all property of the company in the City. If any railroad company fails to pay or bond the assessment within the time provided for paying or bonding assessments for street improvements, the City may proceed by court process to require payment, or may proceed to collect the same by suit or action as other assessments are or may be collected, or by both procedures. [June 2, 1913, subdn. h, new sec. 372 1/2; 1928 pub., sec. 272; 1942 recod., sec. 9-408; am. Nov. 8, 1966; am. Nov. 3, 1992.]
Section 9-309 Bonding of Assessments; Changes of Grade.
Persons, including railroad companies whose property has been assessed for the improvement eliminating a railroad grade crossing, have the right to bond their assessments in the same manner as provided for bonding assessments for other local improvements. No further proceedings shall be required to change the grade of the street than as specified in this Article, and upon the completion of the improvement, the grade of the street shall be deemed changed to the grade established by the improvement. [June 2, 1913, subdn. i, new sec. 372 1/2; 1928 pub., sec. 273; 1942 recod., sec. 9-409; am. Nov. 8, 1966; am. Nov. 3, 1992.]
Section 9-310 No Impairment of Duty Under Franchise or Ordinance.
Nothing in this Article shall impair the right of the City to require the holder of a franchise or other person, required by ordinance or otherwise to pave a portion of street, to move any facility at their own expense or to improve a portion of street, to carry out their obligation without expense to the City. For this purpose, elimination of grade crossings is a public work and improvement. No duty, express or implied, of the holder of a franchise, contract or permit shall be impaired by amendments to this Chapter subsequent to the grant of franchise, contract or permit. [June 2, 1913, subdn. j, new sec. 372 1/2; 1928 pub., sec. 274; 1942 recod., sec. 9‑410; rev. Nov. 8, 1966; am. Nov. 3, 1992; amended by Ordinance No. 190204, effective December 18, 2020.]
Section 9-311 Construction of Article.
The provisions of this Article relating to change of grade affect other provisions relating to change of grade in this Chapter. The provisions of this Article shall be construed as an additional procedure which the Council may follow in eliminating railroad grade crossings. [June 2, 1913, subdn. k, new sec. 372 1/2; 1928 pub., sec. 275; 1942 recod., sec. 9-411; rev. Nov. 8, 1966; am. Nov. 3, 1992.]
Section 9-312 Elimination of Several Crossings in One Proceeding.
The Council may provide in one proceeding under this Article for the elimination of the grade crossings of two (2) or more streets by any railroad or railroads in a district. [June 7, 1915, new sec. 275 1/2; 1928 pub., sec. 275 1/2; 1942 recod., sec. 9-412; am. Nov. 8, 1966; am. Nov. 3, 1992.]
Article 4 Streets and Street Improvements
Section 9-401 Definition of "Improve" and "Improvement."
As used in this Article, the terms "improve" and "improvement" include all construction, reconstruction, grading, regrading, paving, repaving, surfacing, resurfacing, bettering and repairing roadways, bridges, trestles, means of access and egress, underpasses, overpasses, sidewalks, crosswalks, pedestrian ways, gutters, curbs, street drainage facilities and appurtenances therefor within any street. [New sec. Nov. 8, 1966; am. Nov. 3, 1992.]
Section 9-402 Improvement Procedure.
The Council hereby is authorized: to order from time to time all or part of the streets of the City to be improved; to determine the character, kind and extent of each improvement; to levy and collect an assessment upon all lots and parcels of land specially benefitted by the improvement to defray the whole or any portion of the cost; and to determine what lands are specially benefitted by the improvement and the amount to which each parcel or tract of land is benefitted. The procedural steps for an improvement shall be prescribed by ordinance. [New sec. Nov. 8, 1966; am. Nov. 3, 1992.]
Section 9-403 Remonstrances.
Street improvement procedures established by ordinance shall provide for mailed notice to the property owners within the proposed district of the Council's intention to improve any street, and an opportunity for the owners of the property within the proposed assessment district to make and file written objections or remonstrances against the proposed improvement. The period for filing of written objections or remonstrances shall be set by ordinance but shall not exceed sixty days from the date notice is mailed. If the owners of three-fifths or more in area of the property file objections, further proceedings in the making of such improvement are barred for a period of six (6) months unless the owners of one-half or more of the property affected subsequently petition therefor. If an objection, remonstrance or petition is signed by the agent or attorney of any property owner, the agent or attorney's authority to sign shall be filed with the Auditor within the time provided for the remonstrance or petition or the signature shall be disregarded. If objections or remonstrances legally signed by the owners of three-fifths of the property affected are not filed, the Council may order the improvement. [New sec. Nov. 8, 1966; am. Nov. 3, 1992.]
Section 9-404 Use of Earth.
When the Council by ordinance provides for making an improvement, the City may, at its option, remove, alter, dispose of or otherwise use all earth within the street lines for that improvement. [New sec. Nov. 3, 1992.]
Section 9-405 Completion of Work; Spread of Assessments.
When a street improvement is wholly or partially completed to the satisfaction of the City Engineer, the completed work may be accepted and property within the district assessed for the cost under procedures established by ordinance, with opportunity for objections to be heard. [New sec. Nov. 8, 1966; am. Nov. 3, 1992.]
Section 9-406 Improvement by Permit.
Whenever the grade of any street has been established, the Council may authorize any person to cut or fill the street in front of such property according to such grade, or to improve the same, or both, as the City Engineer may direct, at the expense of that person. This authority shall not be granted after notice has been given of the Council's intention to improve the street so long as the Council retains jurisdiction for the proposed improvement. In giving this authority, the Council may impose such terms and conditions as it may find appropriate. [New sec. Nov. 8, 1966; am. Nov. 3, 1992.]
Section 9-407 Sidewalk Improvements and Repairs; Duty of Owners.
Sidewalks may be improved either as a part of a general street improvement or by separate proceedings. The Council may determine the grade and width of all sidewalks, materials to be used and specifications for construction. It is the duty of all owners of land abutting any street in the City to construct, reconstruct and maintain in good repair the adjoining sidewalks. If the owner of any parcel of land allows an adjoining sidewalk to be out of repair, the City Engineer shall post notice on the property directing the owner, agent or occupant thereof immediately to repair it in accordance with City specifications. If the owner, agent or occupant of any parcel of land does not properly make the sidewalk repairs within the time designated in the notice, the City Engineer may make the repairs, keeping an account of the cost and reporting it to the Council with description of the parcel of land abutting the repaired sidewalk. The Council has the same general authority and supervision over sidewalk repairs as over street improvements. If the Council finds the costs reported by the City Engineer to be reasonable, it shall approve them and thereafter, at least once a year, by ordinance assess upon each of the parcels of land abutting repaired sidewalks, the cost of making the repairs with an additional overhead charge to defray the cost of notice, engineering and advertising. All such assessments may be combined in one assessment roll and they shall be entered in the docket of City liens and collected in the same manner as are other local improvement assessments. [New sec. Nov. 8, 1966; am. Nov. 3, 1992.]
Section 9-408 Damages for Negligence.
Owners of land within the City are liable for all damages resulting from their failure to put an adjoining sidewalk in repair after notice to repair as provided in this Article. No action shall be maintained against the City by or for any person injured because of any sidewalk defect. [New sec. Nov. 8, 1966; am. Nov. 3, 1992.]
Article 5 Sewer Improvements
Section 9-501 Assessment District; Remonstrances.
When the Council has declared its intention to construct a sewer or sewer system and has fixed the boundaries of the assessment district to be benefitted and assessed therefor, the Auditor shall mail notice of such intention to the property owners within the proposed district, in accordance with procedures prescribed by ordinance. The procedures shall provide that an owner of any property within the proposed assessment district or such owner's agent who files proof of their authority, may file with the Auditor a written remonstrance against the proposed sewer or the plans therefor, and the Council, upon hearing the remonstrance, may discontinue proceedings in the matter. The period for filing of written objections or remonstrances shall be set by ordinance but shall not exceed sixty days from the date notice is mailed. The Council, however, may overrule any and all remonstrances and may order the improvement. The Council also may require changes in the proposed plans or changes in the boundaries of the proposed assessment district, and declare by resolution its intention to proceed on the revised basis. Such resolution shall be published and remonstrance period given as in the first instance. The improvement shall conform substantially to the plans and specifications adopted by the Council. [New sec. Nov. 8, 1966; am. Nov. 3, 1992; amended by Ordinance No. 190204, effective December 18, 2020.]
Section 9-502 Joint Construction with County.
The Council may take action and proceedings for the construction of any sewer or drain jointly with any County; may levy and collect special assessments of benefits therefor; may enter into an agreement or agreements with any county for the construction, maintenance and use of sewers or drains and paying the cost thereof; may issue bonds to finance that portion of the cost agreed to be chargeable to property outside of the City; may do all other things necessary or proper to provide for the construction of sewers or drains when the design, plan or method of construction will render them beneficial to property both within and without the limits of the City; and may perform all acts necessary to implement statutes relating thereto. [Sections 95-1818 to 95-1846 O.C.L.A.; June 4, 1917, new sec. 275a; 1928 pub., sec. 275a; 1942 recod., sec. 9-501; rev. Nov. 8, 1966; am. Nov. 3, 1992.]
Section 9-503 Issuance and Sale of Bonds.
Bonds may be issued and sold after construction of any such sewer or drain has been authorized, and each bond issue shall be limited to an amount that does not exceed the portion of the cost of such sewer or drain agreed upon with the County as the amount justly and equitably to be borne by property lying beyond the City limits. Such bonds shall not be issued for longer than twenty (20) years, and may be general obligations of the City. No bonds shall be issued when the total of such bonds then outstanding would exceed five hundred thousand dollars ($500,000). In lieu of issuing bonds, the Council may provide for financing part or all of the cost agreed upon as chargeable to property outside of the City from City funds. The Council has authority to levy and collect an assessment against the property benefitted by any sewer or drain lying beyond the City limits whenever that property is included within the City limits, if no previous assessments therefor have been made on the property, and to apply the money so collected toward payment of such bonds, or to reimburse the City for any payment, expenditure or advancement for such sewer or drain. Any agreement with the County may provide for the levy and collection by the County of an assessment against property whenever the sewer or drain may immediately benefit the property because of construction of an extension, lateral, branch, or otherwise. [June 4, 1917, new sec. 275b; 1928 pub., sec. 275b; 1942 recod., sec. 9-502; rev. Nov. 8, 1966; am. Nov. 3, 1992.]
Article 6 Other Improvements
Section 9-601 Fire Stops.
As used in this Article, "fire stop" includes any fireproof wall or other device to prevent the spread of fire. The Council has authority by agreement or by condemnation to acquire property, easements and rights needed for the construction of fire stops; to perform the work of erecting fire stops either by direct employment of labor or by awarding contracts; and to provide for the payment of the costs thereof by the levy and collection of local assessments according to benefits for the improvement. Before fire stops are constructed an estimate shall be made of the probable cost and of the probable saving in fire risks and insurance expenses. Where a fire stop is to be constructed at the expense of property benefitted and assessed therefor, the Council shall take proceedings similar to those required for constructing sewers. The method of making and collecting assessments shall be the same as for other local improvements. The cost of acquiring property, easements or rights shall be included in the cost of the fire stop. [June 7, 1915, new sec. 294; 1928 pub., sec. 294; 1942 recod., sec. 9-601; rev. Nov. 8, 1966; am. Nov. 3, 1992.]
Section 9-602 Lighting Districts.
Whenever the owners of fifty percent or more in area of the property within any district make and file with the Auditor a petition to establish a special street lighting system within that district, the Council has authority to install, operate and maintain such a system as a local improvement and to furnish electrical current therefor. The improvement may include initial installation, continuance or change of an existing installation, substitution of different materials or special styles or locations of lights or related facilities within the district, replacements, or any combination of those items. The Council may award contracts for all or a portion of the work, maintenance or electrical energy. The Council may levy and collect local assessments on property benefitted thereby for all or a portion of the cost. The Council may authorize contribution from City funds to the cost of energy, operation and maintenance in the amount it finds an appropriate allowance for regular street lights rendered unnecessary by the special lighting system. Whenever all or part of the cost of a system is to be assessed to property benefitted, the Council shall take proceedings similar to those required for street improvement districts. [Nov. 4, 1924, new sec. 338; 1928 pub., sec. 338; 1942 recod., sec. 9-602; rev. Nov. 8, 1966; am. Nov. 3, 1992.]
Section 9-603 Other Local Improvements.
When the Council determines that a local improvement as defined by this Charter or by ordinance affords a special and peculiar benefit to property within a particular district different in kind or degree from that afforded to the general public, the Council may classify it as a local improvement and provide for the payment of all or a portion of the cost thereof by levy and collection of local assessments on the property benefitted. The procedure for street improvements shall be followed. Jurisdiction of the Council shall depend upon the extent and strength of remonstrance; provided, however, if the Council determines that the public health or public safety demands immediate construction, the Council may overrule any and all remonstrances and shall proceed as provided for sewer improvements. The Council may combine in one proceeding a street improvement, sewer improvement, street lighting improvement, and any other improvement allowed by this Charter. [New sec. Nov. 8, 1966; am. Nov. 3, 1992.]
Article 7 Assessments and Collections
Section 9-701 Assessment District.
If the Council finds that a particular lot, tract, or parcel of land within the boundaries of a local improvement assessment district does not in fact receive any special and peculiar benefit from that improvement, it may exclude that property or show the assessment at zero (0) when apportioning costs of the local improvement in accordance with benefits and spreading the assessment. [New sec. Nov. 8, 1966; am. Nov. 3, 1992.]
Section 9-702 Procedures for Assessments; Assessments Confirmed.
The Council shall establish procedures by ordinance for the estimated assessment, assessment, and reassessment of benefitted properties. An assessment shall not exceed the apportioned share of actual costs nor exceed the amount of the benefits. Each parcel of land shall be considered benefitted by the local improvement to the full amount of the assessment levied on it. Delays, mistakes, errors or irregularities in any act or proceeding in an improvement, in notices, in entry of assessment or in any related matter shall not prejudice or invalidate any final assessment, but the defect may be corrected by subsequent action. [New sec. Nov. 8, 1966; am. Nov. 3, 1992.]
Section 9-703 Assessment Lien; Payment.
The docket of City liens is a public writing, and from the date of entry of any assessment, the sum entered is a lien upon the land against which it is entered. Assessment liens shall have priority over all other liens and encumbrances. The sum assessed for a local improvement shall be due and payable from the date of entry upon the lien docket, and if not paid or bonded as provided by law within thirty (30) days from that date, the amount of assessment then shall be delinquent and shall bear interest at the rate fixed by ordinance from the date of assessment. [am. Nov. 3, 1992.]
Section 9-704 Delinquency and Sale for Unpaid Assessments.
The Treasurer shall proceed to collect the unpaid assessments by advertising and selling the assessed land in the manner provided by State law or City ordinance. Rates of penalty and interest shall be determined by ordinance. The sale price shall include all assessment principal and interest due, penalties and charges due, and all costs associated with the sale of the property.
Whenever the market valuation for tax purposes of land assessed and subject to sale for collection of unpaid assessment exceeds the sum payable to the City of the unpaid assessment, interest and estimated costs plus the total of any past due taxes by twenty-five percent or more of the City and tax liens, the Treasurer may, subject to general guidelines of the Commissioner In Charge and/or the Council, withhold or withdraw such property from public sale and in lieu thereof may sell the property by private sale to the City upon payment by the City from the Assessment Collection Fund, elsewhere provided in this Charter, of the unpaid assessment, interest and costs. If land is not valued for tax purposes, the market value estimated by the City shall be considered the market valuation for tax purposes under this Section.
The Treasurer shall report to the Council the sales and collections on delinquencies and the City official designated by ordinance shall make proper entries in the lien docket. Thereafter no transfer or assignment of any certificate of sale hereunder shall be valid unless entry of that transfer or assignment has been noted in the lien docket after appropriate filing with the City. In case any property remains unsold, that property again may be offered for sale in like manner. [New sec. Nov. 8, 1966; am. Dec. 14, 1971; am. May 20, 1986; am. Nov. 3, 1992.]
Section 9-705 Redemption.
The City ordinance authorizing sale of property for delinquent assessments and the notice of sale to persons with an interest in the property stating that the property has been sold shall clearly state the provisions for redemption of the property by the prior owner as provided by State law or City ordinance. [am. Nov. 3, 1992.]
Article 8 Financing Local Improvements; Bonding
Section 9-801 Applications for Bonding.
Within thirty (30) days after notice of an assessment, deficit assessment or reassessment for a local improvement is first mailed, if the assessment exceeds a minimum fixed by the Council, the owner of the property assessed may file a written application to pay the assessment in installments. The application shall provide that the owner agrees to pay the assessment in installments including interest and charges as specified by the Council. The application also shall describe the applicant's property assessed for the improvement. [June 7, 1915, new sec. 278; 1928 pub., sec. 278; 1942 recod., sec. 9-701; rev. Nov. 8, 1966; am. May 20, 1986; am. Nov. 3, 1992.]
Section 9-802 Final Assessment Bond Lien Docket.
After the time expires for filing applications to pay assessments in installments, the City official designated by ordinance shall enter all applications received in a docket kept for that purpose under separate heading for each improvement. Thereafter, that docket shall stand as a bond lien docket in favor of the City for the amount of the unpaid assessments docketed therein, with interest on unpaid assessments at a rate determined by ordinance, against each parcel of land assessed, until the assessments and interest are paid. All unpaid assessments and interest are a lien upon each parcel of land in favor of the City, and that lien shall have priority over all other liens and encumbrances. [New sec. Nov. 8, 1966; am. May 20, 1986; am. Nov. 3, 1992.]
Section 9-803 Improvement Bonds.
After the bond lien docket is made up for the particular local improvement, the Council shall authorize by ordinance the issuance of bonds not exceeding the actual costs of the unpaid improvement assessments as shown on the bond lien docket. [New sec. Nov. 8, 1966; May 20, 1986; am. Nov. 3, 1992.]
Section 9-804 Installment Payments; Delinquency and Collections.
Bonded assessments shall be paid in installments, plus accrued interest, penalties, and charges, as specified by ordinance. If payment of any installment is delinquent thirty (30) days, the entire unpaid balance is immediately due and payable, and the installment contract may be declared void. The property owner may execute a new agreement as provided by City Code, or the City may collect the total amount due in the manner as provided by ordinance. Prior to sale of the property for collection, the owner may remove the property from the sale list in the manner provided by Code. [New sec. Nov. 8, 1966; am. May 20, 1986; am. Nov. 3, 1992; am. May 18, 1994.]
Section 9-805 Sinking Funds; Investment; Bond Reissuance and Rebonding.
After issuance of improvement bonds covering unpaid bonded assessment for a particular improvement, the City official designated by ordinance shall keep an account of money paid upon bonded improvement assessments separate from other City funds, as provided by ordinance.
Whenever improvement bonds issued upon bonded assessments are redeemable and it appears to the Council advantageous to redeem them, but money available in the sinking fund account is insufficient, the Council may transfer money from another sinking fund or sinking fund account as a temporary loan to the sinking fund account to be redeemed, to be repaid with interest at the rate fixed by the Council. The Council may authorize and provide for issuance and sale of new bonds upon bonded assessments to redeem outstanding bonds. Such new bonds shall be limited in amount to the amount of bonds to be redeemed from the proceeds, shall bear interest, be sold and be redeemable as provided in this Charter. In case of a temporary loan, if property owners fail to pay into the sinking fund a sufficient amount to repay the temporary loan, when needed, the Council shall provide money for repayment by the sale of bonds as provided in this Section. [New sec. Nov. 8, 1966; am. May 20, 1986; am. Nov. 3, 1992.]
Section 9-806 Assessment-Collection Bonds; Assessment Collection Fund.
To facilitate collection of delinquent assessments and to assist in financing local improvements, the Council may issue and dispose of bonds to be known as Assessment-Collection Bonds. The total amount of these bonds shall not exceed one million five hundred thousand dollars ($1,500,000) outstanding at any one time. The bonds shall be general obligations of the City and shall be issued and sold in any denominations in the same manner as other bonds of the City. The rate of interest thereon shall not exceed the maximum rate permitted under State law, and their maturity shall not exceed twenty (20) years.
Money from the sale of the bonds, after paying from the proceeds the costs of advertising and sale, shall be deposited in a special fund known as the "Assessment Collection Fund," which may be used under Council direction for purchasing property by and in the name of the City at Treasurer's sale or other sale for City assessments, and at foreclosure sales for delinquent taxes, to protect the interest and rights of the City in the property. Net proceeds from the sale of property purchased from the Assessment Collection Fund shall be credited to that fund.
In selling property purchased from the Assessment Collection Fund, or Treasurer's certificates thereon, no transfer of certificate of sale or deed to the City shall be held void or insufficient because of any omission, error, defect or objection, jurisdictional or otherwise, in the assessment or other proceedings if, at some stage of the proceedings before assessment was made, notice was given, and if the description of the property in the certificate or deed is reasonably sufficient to identify it. This provision is intended to be curative as fully as the people may enact, as to all matters affecting the validity of the certificate or deed. Every certificate of sale or deed shall be presumptive evidence of the regularity and sufficiency of all things affecting its validity. In any case where this curative provision is found insufficient, the money realized from the attempted sale shall be treated as not applying to the payment of the attempted assessment, and shall not discharge any obligation of the owner of the property to bear a fair and just proportion of the cost of the local improvement for which the attempted assessment was made. Proceeds from the attempted sale shall be refunded to the Assessment Collection Fund and the Council may make a reassessment against that property.
The Council may renew the Assessment Collection Fund from time to time by selling additional bonds, subject to the limitation in this Article on total amount.
The Council may provide for the sale and assignment of certificates of sale and the assignment or conveyance of the rights of the City in such property either before or after receiving the deed from the City Treasurer or from County officials; may provide for sale of the property under contract for not more than ten (10) years; may pay real estate commissions, court costs, legal and clerical services and all other expenses related to the purchase and clearance of title; may purchase or redeem any Treasurer's certificates of sale outstanding against the property; may pay any tax liens outstanding against the property; may transfer money from the Assessment Collection Fund to the General Fund, provided that provision is made for redemption of outstanding Assessment-Collection Bonds; may provide for waiving all or part of accrued penalties; may pay any bonded or open liens outstanding against the property and cancel assessments against it; and may enact ordinances to give full effect to this Section.
The Assessment Collection Fund may also be used to purchase and hold warrants issued upon any special local improvement fund formed or to be formed. The face amount and interest on warrants so purchased shall be credited, upon payment, to the Assessment Collection Fund. [New sec. Nov. 8, 1966; am. Dec. 14, 1971; am. May 20, 1986; am. Nov. 3, 1992.]
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