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Article 1 Administration, Powers and Duties

Section 15-101 Agency.
 
There exists an agency of the City of Portland known as the Portland Development Commission (Agency).  [New sec. May 16, 1958; am. July 1, 2007.]

Section 15-102 Portland Development Commission.
 
The Agency shall be administered by a Portland Development Commission consisting of five (5) members who shall be appointed and may be removed by the Mayor, subject to approval by the Council. Appointment shall be made for a three (3) year term.  A vacancy shall occur upon the death, resignation, removal, inability to serve, or failure of a member without cause to attend three (3) successive regular meetings.  Resignation when made shall be addressed to and accepted by the Mayor.  Successors shall be appointed by the Mayor, subject to Council approval, for the unexpired term of any such vacancy.  Commission members shall serve without salary or compensation of any nature.  The Commission shall make provision for regular meetings at fixed times and may adopt bylaws, rules and regulations to govern its own procedures.  The Commission may delegate to one or more of its members as a special board or boards, such duties and responsibilities as it may deem proper, subject to the administrative provisions contained in this Chapter.  [New sec. May 16, 1958; am. July 1, 2007.]

Section 15-103 General Powers and Duties.
 
The Commission shall implement the vision and goals of the City as adopted by City Council relating to urban renewal, economic development and affordable housing. The Commission shall advance social equity in carrying out all of its duties and shall involve the constituencies of the City to create, maintain and promote a diverse, sustainable community in which economic prosperity, quality housing and employment opportunities are made available to all residents.
 
The Commission shall be and serve as the Urban Renewal and Redevelopment Agency of the City of Portland , pursuant to ORS Chapter 457, as amended.  In carrying out its urban renewal duties, the Commission shall have all the powers and authority to perform any act or carry out any function authorized or permitted by ORS Chapter 457, as now provided or hereafter amended, subject to the authority of the City Council to approve Urban Renewal Plans and substantial amendment to Urban Renewal Plans and to the other powers of the City Council provided in ORS chapter 457, and the Portland Development Commission shall serve as the local public agency and shall perform all the functions prescribed therefore in Title 42 U.S. Code, relating to slum clearance, urban renewal and urban development and redevelopment within the City boundaries, or in an area within five miles from the City boundaries.   In connection therewith, the Commission shall have authority to enter into agreements with any other public body or any department or bureau of the City and enter into any other contracts to carry out its urban renewal and redevelopment functions.  The Commission may impose conditions or restrictions by deed or lease upon the use of land or property within an urban renewal area.  The work of carrying out an urban renewal plan or redevelopment plan shall be deemed a public project.
 
In carrying out its economic development duties, the Commission shall, among other things, promote business and industrial recruitment, expansion and location within or near the City, and in connection therewith may acquire, improve, lease or exchange property, real or personal, or interest therein, to the extent permitted by law.  Except as otherwise directed, the Commission shall perform the duties set forth in Section 2‑126, except for appropriations and expenditures from the General Fund for advertising the advantages of the City, which power shall be exercised only by the Council.  
 
In carrying out its affordable housing duties, the Commission shall promote home ownership and the creation and retention of multifamily housing, and implement other housing policies that may be adopted by the Council, through acquisition of property, real or personal, or interest therein, through financial and technical assistance to private and nonprofit housing developments and organizations, renters, homeowners and homebuyers, or through any other mechanism authorized by the Council.  [New sec. May 16, 1958; am. July 1, 2007.]

Section 15-104 Administrative Powers and Procedures.
 
The Commission shall have power for and on behalf of the City to perform the following acts, and the following administrative procedures shall be followed:
 
1.  The Commission shall have authority to make orders, rules and regulations in the form of resolutions to carry out the authority granted the Commission in this Chapter, certified copies of which resolutions shall, forthwith upon their adoption, be transmitted to the Auditor of the City, who shall cause the same to be transcribed at length in a record kept for that purpose or to be filed in a special record of such resolutions.  Such record shall be public and copies thereof shall be accessible to the public under like terms as ordinances and resolutions of the City of Portland .  All such resolutions of the Commission (other than purely administrative regulations, or those of a temporary nature) shall be subject to amendment, repeal or alteration or enactment under the referendum or initiative to the same extent as ordinances of the City of Portland .  All such resolutions shall require an affirmative vote of three (3) members of the Commission and shall take effect thirty (30) days after adoption by the Commission unless some other date is fixed in such resolution.  If a date earlier than thirty (30) days from adoption is so fixed as the effective date, such resolution must receive the affirmative vote of at least four (4) members and all of the members present at the time of adoption.  All actions undertaken by the Commission must conform to the State Government Standards and Practices Statutes as set forth in Oregon Revised Statutes as it may be amended.
 
2.  The Commission shall have authority to appoint, employ and discharge such officers, employees and agents as the Commission finds necessary or convenient for the efficient and economical performance of its duties, and to fix and provide for their compensation.  The Commission shall administer a merit based personnel system that provides all persons with a fair and equal opportunity for public service; establishes conditions of service which will attract and retain officers and employees of good character, technical knowledge, skill and ability; and improves the efficiency and economy of the Commission by the improvement of methods of personnel administration.  The personnel system shall include the opportunity for employee appeals to be resolved by an impartial and objective officer or panel, and be in accordance with any other public policy goals as provided in Chapter 4 of this Charter.
 
3.  The Commission may obtain the advice, services, recommendation and assistance of any officer, board or commission of the City of Portland , and the City Attorney and the City Attorney's staff shall render legal assistance and advice as required by the Commission.  Payment for such legal service or other service of departments, officers or employees of the City shall be made to the City by the Commission.  This shall not prevent the employment of technical assistance nor the employment of special legal counsel.  Purchases need not be made through the purchasing agent of the City, but otherwise the limitations and restrictions on purchases contained elsewhere in this Charter shall apply.
 
4.  The Commission may establish offices in or outside the City hall or other building within City limits, as space may be available or convenient.
 
5.  The Commission shall have authority to incur expenses for administration and such maintenance, construction, reconstruction, alteration, rehabilitation, replacement, repair or purchase or other mode of acquisition or rental of equipment, property or facilities as the Commission may find necessary or convenient.  All property acquired shall be acquired in the name of the City of Portland .  The Commission may purchase material and supplies and make such other disbursements and incur such other expenses as the Commission finds necessary or appropriate to carry out the purposes set forth in this Chapter.  The Commission shall control and manage and may lease in the name of the City, to the extent permitted by Oregon Revised Statutes, all properties placed under its administration by the City Council for development and redevelopment purposes, and may improve any property which it acquires or controls to make it available or suitable for such purposes.
 
6.  The Commission shall have power to borrow money, negotiate federal advances of funds and execute notes as evidence of obligations, accept gifts, federal grants-in-aid, advances or other moneys, negotiate loans and advances, and pledge property acquired or any part thereof, and the Council may make loans to the Commission from any available City fund.
 
7.  All moneys received by the Commission will be deposited with the Treasurer of the City of Portland , and shall be maintained in distinct funds and deposited in the name of the City of Portland for the use of the Commission.  All moneys received in connection with an urban renewal plan or property acquired in connection therewith shall be maintained in a separate and distinct fund or funds to be known as the Urban Redevelopment Fund(s).  The Commission shall also have authority to establish reserve funds, special funds or sinking funds for the payment of indebtedness, obligations or interest thereon as may be permitted by law.  The Commission may transfer money from its General Fund to its special or reserve funds and may transfer surplus of money to its General Fund, and may transfer surplus money to the General Fund of the City.  Disbursements shall be made from the City Treasurer accounts on checks signed by the Chairperson or designee and the Secretary or designee.  The Commission may maintain a separate bank account for meeting salaries, wages and current miscellaneous expenses.  Such account shall be designated as a revolving fund and may be drawn upon for such purposes by officials designated by the Commission. 
 
8.  The Commission shall be responsible for the design, installation and maintenance of an accounting system which will conform to the requirements of generally accepted accounting principles, state laws and Charter provisions regarding budgeting, expenditure, receipt and custody of public funds, as they may be amended, except as specifically modified in this Chapter.
 
9. The Commission shall provide for an annual comprehensive independent audit of all funds and accounts of the Commission by a qualified Certified Public Accountant or firm of such accountants selected with the approval of the City Auditor.  The Commission and its operations shall be subject to performance audits by the City Auditor on a schedule determined by the Auditor.  The Commission shall bear the cost of the performance audits and the yearly financial audit.  Copies of each audit report shall be furnished to the City Council for its review and filed with the City Auditor, and a copy of each financial audit shall be sent to the Tax Supervising and Conservation Commission.  [New sec. May 16, 1958; am. Nov. 5, 1974; am. May 20, 1986; am. July 1, 2007.]

Section 15-105 Budget and Reports.
 
The Commission shall annually prepare and adopt a budget that incorporates the City goals adopted by the City Council.  The budget shall be prepared and adopted in accordance with state law and submitted to the Council in conjunction and in conformity with the City’s budget process, for inclusion as a part of the total City budget.  If authorized by state law, the City Council shall be the budget committee for the Commission and shall have the duties and responsibilities of a budget committee as provided in state law.  In exercising its responsibilities as a budget committee, however, the primary goal of the City Council shall be to assure that the budget is aligned with the City’s adopted policy goals and priorities.  As soon as possible after the close of each fiscal year, the Commission shall prepare and present a comprehensive annual report to the City Council that evaluates the activities of the Commission with respect to the City’s adopted visions and goals.  [New sec. May 16, 1958; am. July 1, 2007.]

Section 15-106 Issuance of Revenue Bonds.
 
Upon the request of the Commission, the Council may from time to time issue revenue bonds, certificates or debentures, to be repaid, to the extent permitted or to be permitted by law, solely out of:  revenues from an urban renewal and redevelopment; or from the sales of property involved in an urban renewal and redevelopment; or from tax revenues attributable to improvements existing or subsequently constructed on property in an urban renewal and redevelopment project, or tax revenues exceeding a specified level within such project, to the extent that such is permitted by law; or any combination of such methods of repayment, and to that end the Commission, with the concurrence of the Council, may, to the extent permitted or to be permitted by law, pledge such tax revenues or other revenues as hereinbefore mentioned.  Such bonds or other evidences of indebtedness shall be issued by the Council in accordance with the procedures established by law and as the Council may prescribe by ordinance, and shall bear the facsimile signatures of the Mayor and Auditor and be known as "Urban Renewal and Redevelopment Bonds, Series . . . . . . "  [New sec. May 16, 1958; Am. Nov. 5, 1974; am. July 1, 2007.]

Section 15-107 Effective Date.
 
These amendments shall take effect on July 1, 2007.  [Replaced sec. July 1, 2007.]

Chapter 15 PDC
Article 1 Administration, Powers and Duties