Ordinance 1977COUNCIL BILL N0. 1013
ORDINANCE N0. 1977
AN ORDINANCE PROVIDING FOR ANNUAL INSTALLMENT PAYMENTS OF CERTAIN DEVELOP-
MENT CONNECTION FEES, AND DECLARING AN EMERGENCY.
WHEREAS, the City of LJoodburn is pursuing a more active role
in encouraging economic development; and
WHEREAS, the opportunity to defer initial cash flow development
expense may prove to be a positive incentive for encouraging development,
NOI,I, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Purpose. The City has determined that the stimu-
lation of new development within the community will broaden the economic
base of valuation and employment; thus contributing to an improved standard
of community livability. As an incentive to promote new development,
the option of paying certain development connection fees in annual install-
ments over a specific time period is viewed as being beneficial to a
developments' positive cash flow and encouraging said development. In
addition, the consistency of annual payments will contribute to improved
budgetary projections and fiscal management of said resources on behalf
of the City.
Section 2. Definitions. The following definitions apply:
(A) "Development connection fees" shall mean those specific
charges for capacity or capital improvement so indentified under the
Applicability Section of this ordinance.
(B) "Owner" shall mean any person, firm, corporation or other
entity having legal title to the real property subject to the applicable
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ORDINANCE N0. 1977
development connection fees and possessing legal authority to authorize
the docketing of a lien against said property.
Section 3. Applicability. The specific development connection
fees eligible for the general provisions of this ordinance are identified
and referenced as the following:
(A) Street and Storm Drainage Connection Permit Fee as described
in Section 3, Ordinance No. 1842.
(B) Water System Capacity Fee as described in Section 8,
Ordinance No. 1866 as amended by Ordinance No. 1973.
(C) Sanitary Sewer Connection Fee as described in Section 2,
Ordinance No. 1678 as amended by Ordinance No. 1972.
(D) Cash Payment In Lieu of Parkland Dedication Fee as described
in Section 38.040 of Ordinance No. 1947.
Section 4. General Provisions.
(A) The owner responsible for payment of applicable development
connection fees has the option of satisfying said fees in four (4) annual
installments of equal value, provided that the cumulative total of said
applicable development connection fees is five thousand dollars ($5,000)
or greater in value. This total is calculated.. as a net figure liability
to the owner after all City incentives have been deducted, including
that portion eligible for incremental property tax subsidy.
(B) The first installment of said fees described above is
due and payable at time of issuance of occupancy permit with the remaining
three installments each due and payable on an annual basis thereafter.
(C) The exercise of this installment payment plan of applicable
development connection fees is exercised at the option of the owner;
and written application for such option must be filed by the owner, and
approved by the City, prior to issuance of the building permit.
PAGE ~ _-_ COUNCIL BILL N0. 1013
ORDINANCE N0. 1977
(D) The owner is responsible to ensure that all scheduled
payments are made when due. The owner is not relieved of this obligation
even though the City may allow the due date to pass without receiving
payment. At the City's option the remaining balance payment in full
becomes due when the owner fails to make scheduled payments on time.
(E) If the installment payment option is utilized, the balance
owed to the City, including interest if applicable, may be paid in advance
by the owner at any time without penalty.
Section 5. Administration and Interest.
(A) The Building Official of the City of Woodburn shall be
designated the administrator of this specific development incentive program
allowing installment payment for applicable development connection fees.
(B) The administrator shall establish appropriate application,
monitoring, financial, and other management forms and procedures necessary
for the administration of this ordinance.
(C) In order to defray administrative cost and lass of fund
investment of this development incentive impact to the City; and to reduce
the perception by developers that payment of applicable development connection
fees in full is not encouraged; a simple interest expense is applied
to the balance owing for use of this installment option. The interest
rate is determined at the time of application. Said interest rate shall
be established by the Finance Director of the City as the next highest
whole percentage figure above the average interest rate received for
the City's certificates of deposit.
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ORDINANCE N0. 1977
Section 6. Security.
(A) The unpaid balance of applicable development connection
fees, together with the interest charges thereon, shall constitute a
lien upon the property to which said fees are applicable until paid in
full.
(B) The City Finance Director is hereby directed to enter
such lien, at the time of the first installment upon issuance of the
occupancy permit, into the docket of unbonded liens.
(C) Said lien shall be prior and superior to all other liens
or encumbrances upon the property insofar as state law permits.
(D) Said lien may be foreclosed in the manner provided by
ORS 223.610, or in any other manner provided by State law or City ordinance.
Section 7. Severability. If any section, clause or phrase
of this ordinance, or its application to any statute is determined by
any court of competent jurisdiction to be invalid or unenforceable for
any reason, such determination shall not affect the validity of the remainder
of this ordinance or its application to any other statute, but shall
continue to be in full force and effect.
Section 8. Retroactivity Upon passage, this ordinance is
retroactive to Play 1, 1987.
Section 9. Emergency Clause. This ordinance being necessary
for the immediate preservation of the public peace, health, and safety,
an emergency is declared to exist and this ordinance shall take effect
immediately upon passage by the Council and approval by the P~layor.
Approved as to form: °`~°~ Date
City Attorney
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ORDINANCE NO. 1977
,~
APPROVED : ~~~ r`~' `~ .-- -~- -
NANCY A KIRKSEY, MAYOR
Passed by the Council
June 8, 1987
Submitted to the P~ayor
Approved by the P~ayor
Filed in the office of the Recorder
> ~._.
ATTEST ,~~, ~,;~~ ,-~~ ~~-~~`~';~' f ~ ~.~'
Barney p: Burris, Recorder
City of Woodburn, Oregon
June 10, 1987
June 10, 1987
June 10, 1987
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ORDINANCE N0. 1977