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City of Portland

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5.48.050 Improvements Without Assessment.

(Amended by Ordinance No. 144020; effective July 11, 1977.)

A.  Whenever the City is requested to construct an improvement without using assessment procedures, and the improvement is to be constructed under contract in the name of the City, the person or agency submitting the request shall make an advance deposit into the Trustee Fund to protect the City against loss on account of obligations to be assumed in connection with the improvement.  The advance deposit shall cover the following items:

1.  Estimated amount of the contract for the improvement;

2.  A fee for engineering and superintending equal to the engineer’s estimate of the cost of providing such services.  Use accounting procedure 5.48.030.

3.  Overhead of City in advertising for bids, preparing the contract, disbursing funds, etc., at 1/2 percent of the estimated contract amount with a minimum of $100.

  Additional deposits may be required by the Commissioner In Charge at any time he may deem necessary to protect the City.

B.  Advertising for bids and executing contract shall be authorized only by the City Council.  In no event shall a contract be awarded for more than 93 percent of the funds on deposit.

C.  The deposited funds shall be disbursed by the City Treasurer on order of the Commissioner In Charge of the improvement project and after approval by the City Auditor.  Disbursements shall be made as follows:

1.  Contract payments shall be paid directly to the contractor;

2.  Engineering fees and overhead shall be paid to the appropriate fund as revenue after the final cost of the contract has been determined.

3.  Prior to the issuance of the certificate of completion by the City Engineer the fees charged to the permittee will be adjusted to agree with the actual costs of services as recorded by the City Engineer.  The remaining balance, if any, after payment of all costs shall be returned to the permittee.  If additional funds are required of the permittee, they shall be paid prior to the issuance of the certificate of completion.