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Item 5: Ordinance Levying Assessments for West University Alleys
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Item 5: Ordinance Levying Assessments for West University Alleys
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6/9/2010 12:52:12 PM
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2/10/2006 9:17:05 AM
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2/13/2006
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<br />limits set by the Charter. <br /> <br />There is an established process regarding the development of any improvement undertaken by the <br />City. Council initiation is always the first step. As discussed above, the first stage is to have the <br />Council designate the project as appropriate for initial development. That allows the Engineer to <br />begin design of the project. Only after the project is designed and the costs are estimated, does <br />the question of its categorization as a public improvement subject to assessment come into play. <br />Not all projects that involve public improvements are of a type where the Council chooses to <br />make the project into one where assessments are levied. If the Engineer determines that the <br />project is appropriate for the Council's consideration as a public improvement subject to <br />assessment, the Engineer will initiate the process that will take the project to the Council for the <br />Council's consideration and, if the Council approves, for Council authorization as a public <br />improvement subject to assessment. <br /> <br />It is at Engineer initiation, before Council authorization, that the particular processes called for in <br />the Code for assessable public improvements begin. These processes include notice, a public <br />hearing and an opportunity to remonstrate. The objection to the process for this alley project was <br />raised as a due process violation. There is no evidence of a due process violation. The process is <br />one that is well established, clear and affords property owners opportunities to be heard. <br />Although assessments may include costs incurred prior to the Council's authorization of the <br />improvement, property owners have several opportunities to be heard on the project, on the <br />decision to proceed with it as an assessable improvement, and then also with regard to the <br />amount of the assessment. In this case there was greater than usual opportunity for involvement, <br />including observation or participation in the work of the West University Task Force. The <br />Council had before it the process, including the degree of public involvement, when it considered <br />the project in light of the Code changes to the assessment process, and again nearly a year later <br />when they authorized the improvement as a project subject to assessment. There was ample <br />process. <br /> <br />Certainly, no property owner is eager to pay an assessment. The decision on the distribution of <br />the costs of public improvements is a policy decision taken at the highest level. Local <br />improvement district assessments are a traditional and commonly used process of sharing the <br />cost of improvements. The decisions in this matter concerning the policy changes that set the <br />assessment procedures to be followed, the initiation of the project, the creation of the district and <br />the final assessments, were all made at the high policy level, or were made in accordance with <br />those policy directives. No matter how they are articulated, the objections all ultimately are <br />objections to the policies set by the Council and followed carefully in this proceeding. Because <br />the Council's policy decisions were made while they were using the West University area as the <br />model to illustrate the impacts of their policy choices, it is very clear that the requirements of the <br />ordinances, as well as state law and the Oregon constitution, were followed exactly as the <br />Council intended. <br /> <br />LOCAL IMPROVEMENT DISTRICT ASSESSMENTS FOR ALLEY IMPROVEMENTS IN THE WEST <br />UNIVERSITY NEIGHBORHOOD Page 8 <br />
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