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Council reviews attorney opinion: highway funds can’t pay for stormwater on private 1st & 2nd Street loop
Summary
City Recorder Nicole Tritten told the council the City attorney advised Highway Funds cannot be used for stormwater on the 1st & 2nd Street loop because it is not a public road or right-of-way; residents Bob and Kathe Bishop urged the council not to use City resources for private property.
City Recorder Nicole Tritten reported that, based on the City attorney’s opinion and cited language in the Oregon Constitution and ORS 368.001, Highway Funds could not be used to address stormwater flooding on the 1st & 2nd Street loop because the road was not a public road or public right-of-way.
The council reviewed written comments from Westfir residents Bob and Kathe Bishop. Councilor Huey read aloud the Bishops’ final paragraph, saying they commended the council’s willingness to seek a long-term solution but did not believe City resources should be used for problems on private property. Council discussion revealed disagreement among council members about how far the City’s responsibility extends; the minutes record lengthier debate but no formal vote or policy decision on committing non-highway funds to the work.
The minutes show the legal constraint (attorney opinion and statutory definitions) framed the council’s options; any expenditure of city funds for stormwater work on private property would require a separate decision or finding by the council and is not recorded as approved in these minutes.
