Formation of an LID is a complex and often lengthy process governed by a set of rules and regulations set forth in the Oregon Revised Statutes. We would like to help make this process as easy for you as we can so that you can enjoy your new roadway as soon as possible. Following is a simplified description of the process to help you on your way. Please note that citizens are responsible for some steps; while the County is responsible for others.
1. Preparation of a Petition: The first step in forming an LID is the petition process. Upon request, the County will assist you in preparing a petition for your LID. We can help you define the boundary of your proposed LID, define the scope of work and determine the limits of roads to be improved. The petition must include all of this information. In addition we can help you by supplying the legal ownership and tax lot descriptions of all properties along the proposed improvement. This will give you the names of the individuals eligible to sign your petition. It is important that the petition be worded carefully to insure clarity, accuracy and compliance with legal issues.
2. Petition Signatures: Once the petition is properly prepared, it needs to be signed by at least 60 percent of the property owners along the proposed improvement, representing at least 60 percent of the land area abutting the improvement (area in square feet, acres, etc., and not lineal frontage feet). We encourage you to contact all property owners in the district during your petition efforts, as this avoids problems later from people who were unaware of the proposed improvement. It is also desirable to obtain as many signatures as possible, as this is an indication of the strength of support for your project.
3. Verification of Signatures and Financial Viability: When the signed petition is returned to the County, we verify the signatures and, since the project will typically be funded by assessment bonding, the County Treasurer will review the value of the benefiting property and improvements compared to the proposed assessments to ensure that the project is financially viable. Once the petition has been verified and the project has been determined financially viable, the County will recommend to the Board of County Commissioners (the Board) that the LID be formed.
4. Preliminary Feasibility Report: Upon formation of the LID, the County will prepare a Preliminary Feasibility Report (Engineering Report) on the project. This report contains the scope of work for the improvement, the assessment district boundary, the method of assessment, total estimated costs and estimated cost per benefited property owner. During formation of the report, an informational meeting will be held to discuss these issues with the district participants. The Engineering Report will then be submitted to the Board, who will determine whether or not to proceed with the project.
5. Property Owners Decide to Continue or Stop: Following acceptance of the Engineering Report by the Board, each benefited property owner will receive a letter indicating the total estimated cost of the project and their proposed share. After receiving their letters with the proposed assessments, the property owners have 20 days from the mailing date of the notice to respond to the County in writing if they want to stop the project. If 50 percent or more of the benefited property owners, representing 50 percent or more of the total estimated assessment, request in writing that the project be stopped, then the County will discontinue the process. Once a project has been discontinued, no petition to initiate a similar LID will be accepted by the County for a period of one year. If the decision is to continue the project at this time, the County will go to the Board for approval to proceed.
6. Engineering and Design: The County will select a consulting engineering firm through a competitive process to prepare a final design, cost estimate, specifications and plans for construction of the proposed improvement. The consultant will make every effort to reduce project costs by considering the inclusion of existing road base and drainage facilities into the new design. The project must conform to county design standards. A Design Review meeting will be held with the property owners to review the overall design, costs and schedule, and to specific impacts on individual properties.
7. Construction: The completed design will be put out to bid by the County and a contract will be awarded to the lowest responsible bidder. Soon after this, construction will begin. If this process occurs too late in the year, bidding and construction may be held over until the following spring and summer in order to avoid the extra cost and inconvenience of "wintering" the job.
8. Completion and Final Assessment: Following completion of project construction, the final costs of the improvement will be determined and a notice will be sent to all property owners indicating their proposed final assessment. The final costs are the actual cost incurred to construct the project including County staff time, consulting engineer's fee, payments to the contractor and all other costs associated with the administration and financing of the project. A hearing before the Board will be held so that objections to the proposed assessments may be heard. After this hearing, final assessment billings will be sent to the property owners, along with options for payment.
Many variables impact the schedule of the LID process. Each LID is unique and it is not unusual for the construction phase to begin a year or more after submittal of a signed petition. We appreciate your patience in working with us through the process.
If you wish to begin the petition process of an LID improvement, or if you have any questions regarding the process or procedures, please contact Dan Johnson, 503-742-4325.
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