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§ 151.096 CURATIVE PROVISIONS.
   (A)   An improvement assessment shall not be rendered invalid by reason of:
      (1)   Failure of the Engineer’s report to contain all information required by § 151.080;
      (2)   Failure to have all the required information in the improvement resolution, assessment ordinance, lien docket, or notices required to be published and mailed;
      (3)   Failure to list the name of or mail notice to an owner of property as required by this subchapter; or
      (4)   Any other error, mistake, delay, omission, irregularity, or other act, jurisdictional or otherwise, in the proceedings or steps specified, unless it appears that the assessment is unfair or unjust in its effect on the person complaining.
   (B)   The Council shall have authority to remedy and correct all matters by suitable action and proceedings.
(Prior Code, § 3.485)
§ 151.097 REASSESSMENT.
   When an assessment, supplemental assessment, or reassessment for an improvement made by the city has been set aside, annulled, declared, or rendered void, or its enforcement restrained by a court of this state or by a federal court having jurisdiction, or when the Council doubts the validity of the assessment, supplemental assessment, reassessment, or any part of it, the Council may make a reassessment in the manner provided by state law.
(Prior Code, § 3.490)
§ 151.098 APPORTIONMENT OF LIENS.
   (A)   When a portion of a single tract or parcel of real property is partitioned or divided in accordance with applicable land use laws, or when the ownership of a portion of a single tract of real property less than the entire tract is transferred or a portion is conveyed by a long-term lease that is at least ten years in duration, a lien against the real property in favor of the city shall be apportioned upon compliance with the terms of this section.
   (B)   Applications for the apportionment of liens shall be made to the City Recorder describing the tract to be segregated. The application must be completed by the owner, mortgagee, lienholder, or tenant having an interest in the parcel. When the deed, mortgage, or other instrument evidencing the applicant’s ownership or other interest in the parcel has not been recorded by the County Clerk of the county in which the parcel is situated, the city shall not apportion the special assessment unless the applicant files a true copy of that deed, mortgage, or instrument with the city.
   (C)   The City Recorder shall compute the apportionment whenever the special assessment remains wholly or partially unpaid and full payment or an installment payment is not due. The apportionment shall be calculated on the same basis as it was originally computed. The apportionment shall not be made unless each part of the original tract of land, after the apportionment, has a true cash value, as determined from a certificate of the County Assessor or appraisal of a qualified appraiser, of 120% or more of the amount of the lien as applied to each tract apportioned. The valuation must be determined within one year prior to the date of the application.
   (D)   When a special assessment is being paid in installments and a request to apportion is authorized, the remaining installments not yet due shall be prorated among the smaller parcels so that each parcel shall be charged with that percentage of the remaining installment payments equal to the percentage of the unpaid assessment charged to the parcel upon apportionment.
   (E)   Apportionment of a special assessment under this section shall be done in accordance with a resolution of the Council. The resolution shall describe each parcel of real property affected by the apportionment, the amount of the assessment levied against each parcel, the owner of each parcel, and such additional information as is required to keep a permanent and complete record of the assessments and payments.
   (F)   An application shall not be processed until the applicant pays a fee to defray the costs of evaluating the application. The amount of the fee shall be set by Council resolution.
(Prior Code, § 3.495)
REIMBURSEMENT DISTRICTS
§ 151.110 PURPOSE.
   The purpose of this subchapter is to provide the process and means by which a person who is required to make certain public improvements to serve his or her property may recover a portion of the cost of such improvements when the improvements benefit, within a specified time period, other properties.
(Prior Code, § 3.10.005) (Ord. 2011-02, passed 1-24-2011)
§ 151.111 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   APPLICANT. A person who is required or chooses to finance some or all of the cost of a street, water or sanitary sewer, or storm water improvement, which improvement is also available to serve or benefit property other than that of the applicant, and who in turn applies to the city for reimbursement of the expense of the improvement.
   CITY. The City of Forest Grove.
   CITY ENGINEER or ENGINEER. The person holding the position of Director of Public Works or such other officer, employee, or agent designated by the Council or City Manager to perform the duties set out for the City Engineer in this chapter.
   PERSON. A natural person, firm, partnership, corporation, association, or any other legal entity, be it public or private and/or any agent, employee, or representative thereof.
   PUBLIC IMPROVEMENT. All capital facilities (including plant facilities) associated with water, sanitary sewer, storm water, street (including bicycle lanes), and/or sidewalk facilities or the undergrounding of public utilities.
   REIMBURSEMENT AGREEMENT. The agreement between an applicant and the city (as authorized by the City Council and executed by the City Manager) providing for the installation of and payment for public improvements within a Reimbursement District.
   REIMBURSEMENT DISTRICT. The area determined by the City Council to derive a benefit from the construction of public improvements financed in whole or in part by an applicant.
   REIMBURSEMENT FEE. The fee established by resolution of the City Council and required to be paid by persons within a Reimbursement District once they utilize the public improvement.
   STREET IMPROVEMENT, WATER IMPROVEMENT, SEWER IMPROVEMENT, and STORM WATER IMPROVEMENT. Respectively:
      (1)   A street or street improvement, including but not limited to streets, storm drains, curbs, gutters, sidewalks, bike paths, traffic-control devices, street trees, lights and signs, and public rights-of-way;
      (2)   A water facility or water line improvement, including, but not limited to, extending a water line to property (other than property owned by the applicant) so that water service can be provided for such other property without further extension of the line;
      (3)   A sanitary sewer, sewer line, or other facility improvement, including, but not limited to, extending a sewer line to property (other than property owned by the applicant) so that sewer service can be provided for such other property without further extension of the line; and
      (4)   A storm water improvement, including, but not limited to, extending a storm water line to property (other than property owned by the applicant) so that stormwater disposal for such other property can be provided without further extension of the line; conforming with standards and specifications set by the city.
   UTILIZE. To use or benefit from a public improvement, to apply for a building or other permit which will allow for the use or increase in the use of a public improvement or to connect to a public improvement.
(Prior Code, § 3.10.010) (Ord. 2011-02, passed 1-24-2011)
§ 151.112 APPLICATION FOR A REIMBURSEMENT DISTRICT.
   (A)   Any applicant who finances some or all of the cost of a public improvement available to provide service or benefit to property other than property owned by that person may, by written application filed with the City Engineer, request the city establish a Reimbursement District. The improvement(s) must be in a size greater than that which would otherwise ordinarily be required and must be available to provide service to property other than that owned by the applicant. Examples include (but are not limited to):
      (1)   Full street improvements instead of half street improvements;
      (2)   Off-site sidewalks;
      (3)   Connection of street sections for continuity;
      (4)   Extension of water lines; and
      (5)   Extension of sewer lines.
   (B)   All applications shall include the following:
      (1)   A description of the location, type, size, and cost of the public improvement eligible for reimbursement;
      (2)   A map showing the properties to be included in a proposed Reimbursement District;
      (3)   The zoning for the properties;
      (4)   The front or square footage of said properties (or similar data appropriate for calculating the apportionment of the cost of the improvement among the properties); and
      (5)   A listing of the property(ies) owned by applicant. All applications shall be accompanied by a fee in an amount sufficient to cover the cost of administrative review and notice required by this chapter as established by City Council resolution.
   (C)   In the event an application is submitted after the construction of the public improvement, the application shall also include information as to when the city accepted the public improvement as well as the actual cost of the improvements, evidenced by receipts, invoices, or other similar documents. Until receipt of said information, the affected application will be deemed incomplete.
   (D)   In the event an application is submitted prior to the construction of the improvements, the application shall be accompanied by an estimate of the cost of the improvements as evidenced by bids, projections, or similar data. The application shall also include the estimated date of completion of the public improvement(s). Until the receipt of said information, the affected application will be deemed incomplete.
   (E)   An application may be submitted at any time prior to the installation of the public improvement, but in no event later than 180 days after acceptance of the improvement for which reimbursement is sought, unless the City Engineer, in his or her sole discretion, waives this requirement.
(Prior Code, § 3.10.015) (Ord. 2011-02, passed 1-24-2011)
§ 151.113 CITY ENGINEER’S REPORT.
   The City Engineer shall review the application and other material submitted therewith and prepare a written report for the Council which will address, to the extent relevant, the following factors:
   (A)   Whether the public improvement for which reimbursement is sought has capacity sufficient to allow use thereof by property other than property owned by the applicant;
   (B)   The area proposed to be included in the Reimbursement District;
   (C)   The actual or estimated cost of the improvements within the area of the proposed Reimbursement District and the portion thereof for which the applicant should be reimbursed;
   (D)   A methodology for allocating the cost among the parcels within the proposed district and, where appropriate, defining a “unit” for applying the reimbursement fee to property which may be partitioned, subdivided, or otherwise modified at some future date. The methodology should include consideration of the cost of the improvement(s), prior contributions by property owners, the value of the unused capacity, rate-making principles associated with the financing of public improvements, and such other factors as deemed relevant by the City Engineer;
   (E)   The amount to be charged by the city for administering the agreement, to be fixed by City Council and included in the resolution approving and forming the Reimbursement District. The fee is due and payable to the city at the time the reimbursement agreement is signed;
   (F)   The period of time that the right to reimbursement exists if that period is less than ten years; and
   (G)   Whether the street, water, and sewer improvements will meet or have met city standards.
(Prior Code, § 3.10.020) (Ord. 2011-02, passed 1-24-2011)
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