Ordinance
Assess benefited properties west of NW 83rd Pl in the NW Reed Dr Local Improvement District for street and stormwater improvements (C-10073)
Passed
The City of Portland ordains.
Section 1. The Council finds:
- The Council stated its intent to construct improvements in the NW Reed Drive Local Improvement District (LID) by the adoption of Resolution No. 37611 on February 22, 2023 declaring its intent to initiate local improvement district formation proceedings and establishing the name of the local improvement district.
- The Council approved formation of the NW Reed Drive LID with the passage of Ordinance No. 191248 on April 19, 2023.
- The record related to Council approval of Resolution No. 37611 and Council approval of Ordinance No. 191248 is incorporated into the record of this Ordinance, except that no part of the record of Resolution No. 37611 nor of Ordinance No. 191248 shall be considered an objection to final assessment for purposes of Section 17.08.130 of City Code, nor for purposes of Section 9-405 of the City Charter.
- The Chief Procurement Officer issued Distributed Purchase Order No. 22345729 to Titan Utilities Inc. on June 18, 2024 for construction of stormwater improvements.
- The Chief Procurement Officer issued a Notice of Intent to award the construction contract for street improvements to Brix Paving Inc., accepting Bid No. 00002322 on May 28, 2024. Contract No. 30008850 was executed on June 25, 2024.
- The Chief Engineer of the Bureau of Environmental Services issued a Notice to Proceed to Titan Utilities Inc. on June 24, 2024 for construction of stormwater improvements, which were completed on July 15, 2024 as shown in Exhibit A.
- The City Engineer issued a Notice to Proceed to Brix Paving Inc. on August 1, 2024 for construction of street improvements, which were completed on August 7, 2024 as shown in Exhibit B.
- A total of 992 centerline feet of infrastructure improvements was completed by this project as indicated in Finding No. 7 of this Ordinance.
- As of the filing date of this Ordinance, Maintenance Operations is planning to complete a street light replacement of B1125C Pole No. 2416 in lieu of installing an undergrounding lighting system in this area.
- Completion of this local improvement district does not fulfill future frontage improvement requirements for sidewalk improvements to the north nor the south sides of NW Reed Drive.
- The total cost of the project is $445,989 as shown in Exhibit C based on amounts in Exhibits A and B. The property owner’s share for this project is $387,435 as shown in Exhibits D and E, which is a decrease of $828,040 or 68.1% below the amount estimated at LID formation.
- Additional funding was provided by the Portland Bureau of Transportation in the amount of $30,808 in General Transportation Revenue for overhead costs.
- Additional funding was provided by the Portland Water Bureau in the amount of $27,746 for fire hydrant installation at the request of the Fire Marshal.
- The Revenue Bureau mailed notice of the October 30, 2024 final assessment hearing to the owners of benefited properties within the local improvement district on October 9, 2024. The benefited properties are legally described based on Multnomah County property tax records as of the filing date of this Ordinance. The property owners were notified of the time and location of the final assessment hearing conducted by the Council; the total project costs, the deadline and procedure for filing objections to the final assessment of the local improvement district; and the amount of the proposed final assessment on benefited properties as set forth in Exhibit D and E. The deadline to file objections to final assessment was at 5:00 PM on October 23, 2024.
- The properties are specially benefited in the amounts shown in the assessment roll in Exhibit D and the apportionment worksheet in Exhibit E.
- The Local Improvement District Administrator submitted for publication two notices of the local improvement district final assessment hearing in the Daily Journal of Commerce on October 14, 2024 and on October 16, 2024.
- The Council has considered any and all objections made by owners of the benefited properties. The Council accepts the summary of objections and findings as set forth in Exhibit F and adopts these findings as its own.
- This Ordinance provides for assessment of benefited properties for local improvements. Assessments for local improvements are not subject to the property tax limitation established by Article XI, Section 11b of the Oregon Constitution.
- In the event of any finding or any directive within this Ordinance conflicting with any prior Council action involving this local improvement district, the finding or directive within this Ordinance shall prevail.
- The Local Improvement District Administrator’s level of confidence in the cost estimate for this project is “High” per Exhibit A of Resolution No. 36430 adopted by City Council on July 26, 2006 because the project is complete.
NOW, THEREFORE, the Council directs:
- That any and all objections received are overruled and the assessment roll contained in Exhibit D and the apportionment worksheet contained in Exhibit E of this Ordinance are hereby approved and adopted.
- The Revenue Bureau to enter the assessments as shown in Exhibit D in the Docket of City Liens.
- The Revenue Bureau to mail final assessment notices to owners of benefited properties as set forth in Exhibit D based on the amounts identified in Exhibit E.
Official Record (Efiles)
An ordinance when passed by the Council shall be signed by the Auditor. It shall be carefully filed and preserved
in the custody of the Auditor (City Charter Chapter 2 Article 1 Section 2-122)
Passed by Council
Auditor of the City of Portland
Simone Rede
Impact Statement
Purpose of Proposed Legislation and Background Information
- This legislation imposes final assessment and closes out the NW Reed Drive LID.
Financial and Budgetary Impacts
- Total project cost is $445,989.
- The final assessment for the core LID is in the amount of $387,435 which is 68.1% below the amount estimated at LID formation.
- Non-LID funding has been provided by PWB in the amount of $27,746 for fire hydrant installation at the request of the Fire Marshal.
- PBOT’s project costs are $30,808 of General Transportation Revenue (GTR) for absorption of overhead costs.
- Each $1.00 of City funding leveraged $6.62 in LID funding.
Economic and Real Estate Development Impacts
Discuss engagement process, immediate and longer-term impacts of the legislation from an economic perspective. Analysis to include economic impacts to job creation and household income, businesses of all sizes, and to feasibility of housing production and other real estate development projects.
- Engagement specific to the final assessment of the NW Reed Drive LID consisted of notifications to the impacted property owners as set forth in Chapter 17.08 of City Code.
- The NW Reed Drive LID is entirely in a residentially-zoned area with no development potential, so there is no effect on job creation, housing production or household income as a result of this project or this Final Assessment Ordinance.
Discuss the impacts of the legislation relating to all of the following if relevant:
How was the proposed legislation shared with those potentially impacted? How much time did they have to provide input?
- Property owners have been engaged with the City for 27 years on this LID, with two on-site property owner meetings held prior to concurrent with the LID petition phase prior to LID formation. Now that construction of the project is complete, the sole remaining input of property owners is whether they wish to choose to object to final assessment of the LID for which they earlier tended majority petition support.
What feedback was shared? How did it shape the proposed legislation?
- Now that construction of the project is complete, the sole remaining input of property owners was whether they wished to choose to object to final assessment of the LID for which they earlier tended majority petition support. No objections were received by the deadline of 5 PM on October 23rd.
What types of business and/or development projects might be affected and how could business and/or development activity by impacted? How does this action influence the timeline and cost of doing business or real estate development in Portland as compared to peer cities? How would the proposed legislation impact business competitiveness and job growth, affordability, costs of goods, and/or household income? How might this proposed legislation impact real estate development project feasibility and housing production? How might potential adverse impacts from this proposed legislation be mitigated?
- The NW Reed Drive LID is entirely in a residentially-zoned area with no development potential, so there is no effect on job creation, housing production or household income as a result of this project or this Final Assessment Ordinance.
Community Impacts and Community Involvement
- This LID was initiated by majority petition support.
- This project provided residential property owners with a financial mechanism to resolve the very poor pavement condition of their street (19 on a zero to 100 scale), and benefited from the engineering expertise of PBOT and BES.
- There has been extensive collaboration and communication between the LID Program and property owners during the past twenty years, culminating in successful construction of the project, with property owners receiving the benefit of the LID 68.1% below budget.
100% Renewable Goal
N/A
Financial and Budget Analysis
Analysis provided by City Budget Office
This action authorizes final assessment and closes out the NW Reed Drive LID. Of the total project cost of $445,989, PWB contributed non-LID funding totaling $27,746 while PBOT funding included $30,808 of GTR. No additional appropriations are required as a result of this action.