Ord 2154 - Amend Ord 2111 TIF
COUNCIL BILL NO. 1654
ORDINANCE NO. 215.4
AN ORDINANCE AMENDING ORDINANCE 2111 (REGARDING TRAFFIC IMPACT FEES
AND SYSTEM DEVELOPMENT CHARGES) TO ALLOW FOR AN ALTERNATIVE
PAYMENT ARRANGEMENT AND DECLARING AN EMERGENCY.
WHEREAS, a task force was appointed by the City Administrator to review the
Traffic Impact Fees and make recommendations that will be useful to the Downtown
Historic District area business and yet not compromise the principles on which the
fees have been based; and
WHEREAS, several meetings were held by the task force to review the
principles of traffic impact fees, the uniform method by which it is implemented by
the city staff, and its effect on the growth of business; and
WHEREAS, the representatives of Woodburn Downtown Association (WDA)
discussed this issue in their own meetings and developed a proposal that was
reviewed by the task force; and
WHEREAS, the task force agreed with WDA's proposal in regard to reducing
the payment plan ceiling from $25,000 to $5,000 for the existing structures at prime
plus 3 percent interest rate, and recommended that the City Council accept this
modification.
WHEREAS, the City Administrator presented the task force recommendations
on July 24, 1995 and informed the Council that an amending ordinance would allow
implementation of recommendations will be brought to the Council in the next
meeting, NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Section 3(C) of ordinance 2111 is amended to read as follows:
Section 3 (C). Pavment of Charaes. Except as otherwise provided in this
Section, applicants for building permits or development permits shall pay the
applicable system development charges prior to the issuance of the permits by
the city.
1)
When the total amount due for Traffic Impact Fees exceeds $5,000 for
existing buildings, or $25,000 for new buildings, the applicant may
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request an alternative payment arrangement to pay the fee in annual
payments over a period not to exceed five years.
2) The Finance Director shall provide application and contract forms for
installment payments, which shall include a waiver of all rights to
contest the validity of the lien, except for the correction of
computational errors. The interest to be charged for installment
payments and for delinquent payment of such installments is initially
established at the prime rate of interest plus 0.5 percent for new or
existing buildings for which the amount due is $25,000 or more, and at
the prime rate of interest plus 3.0 percent for existing buildings for
which the amount due is between $5,000 and $25,000, but may be
adjusted by the City Council by resolution.
3) An applicant for installment payments shall have the burden of
demonstrating the applicant's authority to assent to the imposition of a
lien on the parcel and that the property interest of the applicant is
adequate to secure payment of the lien.
4) The City Administrator or his designee shall cause a report to be made
of the amount of the Traffic Impact Fees, the dates on which the
payments are due, the name of the owner, and the description of the
parcel.
5) The City Recorder shall docket the lien in the lien docket. Except as
otherwise expressly provided, from that time the city shall have first lien
upon the described parcel for the amount of the Traffic Impact Fees,
together with interest on the unpaid balance at the rate established by
the City Council. The lien shall be enforceable in the manner provided
in ORS Chapter 223.
6) Under no circumstances shall payment of the TIF or SDC fees exempt
any development from complying with any and all standards, rules, and
regulations required of the development as a condition of development
approval. Specifically, development must meet all road standards, storm
water retention requirements, and stormwater quality requirements
intended to minimize the degradation of water quality resulting from
development.
Section 2. Emeraency Clause. This ordinance being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
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declared to exist and this ordinance shall take effect immediately upon passage by the
Council and approval by the Mayor-^,,", ~ / )
Approved as to form:f/:Yvt- /~ g 10 'IS:
City Attorney ~ '
APPROVED:
Passed by the Council
August 14, 1995
Submitted to the Mayor
August 15, 1995
Approved by the Mayor
August 15, 1995
Filed in the Office of the Recorder
August 15, 1995
ATTEST:
fY\ :\~
Mar~nnant, City Recorder
City of Woodburn, Oregon
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