Adopt District Property Management License Code to create Parkrose Forward Enhanced Services District and establish property management license fees and district boundaries (add Code Sections 6.06.400 through 6.06.450)

The City of Portland ordains.Section 1. The Council finds:The City in 1988 at the request of downtown business owners and managers, established the Downtown Economic Improvement District. At the request of downtown business property owners and managers, beginning in October 1994, through Ordinance No. 167514, the City replaced the Downtown Economic Improvement District with the Downtown Business District, supported by a downtown business property management license fee. In 2012, the Downtown Business District was renamed to be the Clean & Safe District.Business property owners and managers in the Lloyd District area of Northeast Portland, having witnessed the success of the Clean & Safe District, investigated and considered the desirability of establishing a Lloyd Business District, supported by a property management license fee. Following this investigation and consideration, business property owners and managers petitioned the City to establish such a district and fee authorized by City Charter Section 2-105(a)(17), to fund needed district services.Business property owners and managers in the Central Eastside District area of Southeast Portland, having witnessed the success of the Clean & Safe District and the Lloyd Business District, investigated and considered the desirability of establishing a Central Eastside Industrial District, supported by a property management license fee. Following this investigation and consideration, business property owners and managers petitioned the City to establish such a district and fee authorized by City Charter Section 2-105(a)(17), to fund needed district services.Business property owners and managers in the Parkrose area of Northeast Portland, having witnessed the successes of the Clean & Safe District, Central Eastside Industrial District, and the Lloyd Business District, investigated and considered the desirability of establishing a Parkrose Forward Enhanced Services District (Parkrose Forward ESD), supported by a property management license fee. Following this, Parkrose business and property owners utilized the City‘s recommended ESD exploration process - the ESD Petition Packet - to explore the viability of a Parkrose ESD. This process took 12 months, included significant public outreach and engagement, and resulted in the submission of the Parkrose Forward ESD Petition Packet - Parkrose's official petition to the City, requesting the City to establish such a district and fee authorized by City Charter Section 2-105(a)(17), to fund needed district services.The Parkrose Forward ESD is that area within the boundaries formed by: Northern Boundary: The south bank of the Columbia Slough, including the properties immediately south of the Slough between Interstate 205 and the west side of NE 122nd Avenue. Southern Boundary: NE Sandy Boulevard between Interstate 205 and the west side of NE 122nd Avenue, including parcels with frontage on the south side of NE Sandy Boulevard and certain other parcels south of NE Sandy Boulevard described in Exhibit A of this ordinance. Eastern Boundary: West side of NE 122nd Avenue, including only the properties on the west side of NE 122nd Avenue between NE Sandy Boulevard and the Columbia Slough. Western Boundary: Interstate 205 right-of-way, including the properties immediately east of Interstate 205 between NE Sandy Boulevard and the Columbia Slough. The District includes all industrial, commercial, and employment-designated parcels within the above-described boundaries.The Parkrose Forward ESD's service plan includes sidewalk cleaning, ambassador program, industrial and commercial district connection programs, business engagement and communication, advocacy and public agency coordination.It is the determination of the City Council that the business property management license fee established by this ordinance is not subject to the limits of section 11 or 11 b, Article XI of the Oregon Constitution, and the Council therefore, classifies the fee as not subject to those limits. The City shall give notice of this determination by published notice within 15 days after adoption of this ordinance, in accord with the provisions of ORS 305.583(8).From the factors reviewed, a license fee formula has been developed that would require a Parkrose Forward ESD property manager to pay an annual fee calculated generally as follows:For commercial properties:The (square root of building square feet x $20) + (square root of parcel square feet x $8).The preceding dollar amounts will be adjusted annually for inflation using the U.S. Bureau of Labor, Bureau of Labor Statistics CPI-W West - Size Class A Annual index for the calendar year immediately preceding each license fee year. The minimum increase will be 2.5 percent. The maximum increase will be 6.5 percent.For residential properties (excluding owner-occupied dwelling units with their own water service and owner-occupied dwelling units in duplexes, triplexes, and fourplexes):The lesser of;The (square root of building square feet x $20) + (square root of parcel square feet x $8); or$150 x the number of condominium dwelling units; or$150 x the number of rental dwelling units that do not qualify as affordable housing plus $35.00 x the number of rental dwelling units that qualify as affordable housing.The preceding dollar amounts will be adjusted annually for inflation using the U.S. Bureau of Labor, Bureau of Labor Statistics CPI-W West - Size Class A Annual index for the calendar year immediately preceding each license fee year. The minimum increase will be 2.5 percent. The maximum increase will be 6.5 percent.This formula yields a fair representation and is the best formula that be developed taking into consideration fairness and availability of existing public databases.The City Council has considered the adoption of this ordinance based on the express request and petition of community members who would be responsible for paying this license fee. Furthermore, the City surveyed prospective ratepayers from the district and found that less than 5% of the prospective ratepayers surveyed opposed the ESD proposal.Portland Solutions has reviewed property manager letters of support provided by the Parkrose area and concluded that substantial support exists to create the Enhanced Services District. Portland Solutions staff analysis of the level of support is shown in Exhibit B.NOW, THEREFORE, the Council directs:Add City Code Sections 6.06.400, 6.06.410, 6.06.420, 6.06.430, 6.06.440, and 6.06.450 as shown in Exhibit A.The amendments to Chapter 6.06 of the Portland City Code shall be effective 30 days after the adoption of this ordinance if no petition is filed within 30 days of adoption of this ordinance in the Oregon Tax Court challenging the City Council's classification of the fee, in Finding 7. If such petition is filed within 30 days of adoption of this ordinance, then the amendments to Chapter 6.06 of the Portland City Code in Exhibit A, shall become effective on the date that a final Tax Court Judgement upholding the City Council's classification, has become final with a right to appeal having expired without being exercised; or, if a Tax Court judgment regarding the City Council's classification is appealed and review is accepted, then the amendments shall become effective on the date of a final Oregon Supreme Court judgement, upholding the City Council's classification of the fee.