Skip to code content (skip section selection)
Compare to:
Loading...
§ 4.12.020   Purpose.
   The purpose of this chapter is to ensure orderly new development by providing methods to finance necessary public improvements so that these necessary public improvements are installed concurrent with or before the new development occurs; to allow the city to require that new development pay the installation cost of these necessary public improvements; to assure that these necessary public improvements are installed in accordance with adopted public facilities plans; and to reimburse developers and/or the city for a share of costs incurred if a development or improvement provides access to public improvements for other benefiting property owners.
§ 4.12.022   Applicability.
   A.   In accordance with § 16.06.120B. of the Land Development and Planning Ordinance, the Planning Commission may condition approval of subdivisions, land partitions and conditional use permits to require that the applicant construct necessary public improvements for the development. When the development is to occur at locations where approved master planning documents show new public improvements are necessary, the Planning Com- mission may condition approval of subdivisions, land partitions and conditional use permits to require that the applicant enter into an advance financing agreement when the Commission deems the agreement will best protect the public and promote the general welfare of the city. The applicant, at his or her option, may alternatively elect to be reimbursed by negotiating with the public service provider for reimbursement of oversized public improvements, where provisions for the negotiations exist; by completing the public improvement without reimbursement; or by a combination of methods.
   B.   In accordance with § 4.12.020, the City Council may determine that an advance financed public improvement will best protect the public and promote the general welfare of the city by ensuring orderly new development. In the absence of a development application, the Council may, by motion, designate the city or other public entity as the developer and direct the City Administrator to prepare an advance financing application.
§ 4.12.030   Receipt of application.
   The Council will receive applications, accompanied by an application fee that the Council may, from time to time, set by resolution, for advance financed public improvements, and submit the applications to the Public Works Department. The fee will be applied against the cost of administrative analysis of the proposed advance financed public improvements for the cost of notifying the property owners, and for recording cost and the like. When the city or other public entity is the developer, the Council shall, by motion, direct the City Administrator to submit the application to the Public Works Department without fee. Applications for advance financed public improvements are expected to be submitted and approved prior to start of work; however, applications will be accepted for a period of 6 months after start of work for the public improvement.
(Am. Ord. 1327, passed 5-19-2010)
§ 4.12.040   City staff analysis.
   Upon receipt of the advance financed public improvements application, the Public Works Department shall make an analysis of the advance financed public improvements proposal and shall prepare a report to be submitted to the City Administrator for Council review and discussion and public hearing. The report shall include a map showing the location and area of all benefiting properties. The report shall also include the City Engineer’s estimate of the total cost of the advance financed public improvement.
§ 4.12.050   Public hearing.
   Within a reasonable time after the Public Works Department has completed its analysis, an informational public hearing shall be held in which all parties and the general public shall be given the opportunity to express their views and ask questions pertaining to the proposed advance financed public improvement. Since advance financed public improvements do not give rise to assessments, the public hearing is for informational purposes only and is not subject to mandatory termination due to remonstrances. The Council has the sole discretion after the public hearing to decide whether or not an advance financing resolution shall be passed.
§ 4.12.060   Notification.
   Not less than 10 nor more than 30 days prior to any public hearing being held pursuant to this chapter, the developer, all benefiting property owners and the general public shall be notified of the hearing and the purpose thereof. Public notice shall be accomplished by a written notice posted at City Hall and other conspicuous locations as the Council may determine to be appropriate, and by a written notice published in a newspaper of general circulation in the community, once in either of the 2 consecutive weeks prior to the hearing. Notification of benefiting property owners shall also be accomplished by regular mail, or by personal service. If notification is accomplished by mail, notice shall be made on the date that the letter of notification is posted. Failure of any owner to be so notified shall not invalidate or otherwise affect any advance financing resolution or the Council’s action to approve or not to approve the same.
§ 4.12.070   Advance financing resolutions and agreements.
   After the public hearing held pursuant to § 4.12.050, if the Council desires to proceed with advance financed public improvement, it shall pass an advance financing resolution accordingly. The resolution shall designate the proposed improvement as an advance financed public improvement and provide for advance financed reimbursement by benefiting property owners pursuant to this chapter. When the developer is a private developer, the advance financing resolution shall instruct the City Administrator to enter into an agreement between the developer and the city pertaining to the advance financed public improvement, and may in the agreement require a guarantee or guarantees as the city deems best to protect the public, benefiting property owners, and may make other provisions as the Council determines necessary and proper.
§ 4.12.080   Advance financed reimbursement.
   A.   Imposed. An advance financed reim- bursement is imposed on all benefiting property owners. It shall be due and payable at the time that the property owners apply for connection to the advance financed public improvement, or apply for building permits for projects that utilize an advance financed public improvement. In the case of property located outside of the city limits, but within the advance financed district, the property owner may pay off the assessed reimbursement in full, including any accrued interest thereon at any time prior to the time of actual connection, to stop interest charges from further accruing. The property owner is not required to pay the reimbursement prior to the time the owner connects to or utilizes the advance financed public improvements, but may do so voluntarily at his or her discretion. This prepayment does not guarantee annexation of the property at a particular time, or approval of a particular development.
(Am. Ord. 1005, passed 8-19-1998)
   B.   Rates.  
      1.   Benefiting property owners shall pay advance financed reimbursement calculated as follows:
         a.   If the advance financed public improvement was completed by a private developer, the reimbursement shall be the total actual cost of the improvement, increased by 7% annual simple interest, or other interest rate as the Council may, from time to time, set by resolution, multiplied by the fraction of area owned by the benefiting property owner of the total area of all the benefiting property owners;
         b.   If the advance financed public improvement was completed by a public agency, the reimbursement to the public agency shall be the total cost of the improvement increased by the same interest rate, including costs, as the public agency pays to finance construction, multiplied by the fraction of area owned by the benefiting property owner of the total area of all the benefiting property owners; or
         c.   If the advance financed public improvement was completed without the issuance of debt by the public agency, the reimbursement to the public agency shall be to the total cost of the improvement increased by the current interest rate private developers receive, as set forth above, multiplied by the fraction of area owned by the benefiting property owner of the total area of all the benefiting property owners.
      2.   If inequities are created through the strict implementation of the above formulas, the Council may modify its impact on a case-by-case basis.
   C.   Collection.
      1.   The advance financed reimbursement is immediately due and payable by benefiting property owners upon their application for connection to an advance financed public improvement or any building permit, the result of which will utilize any advance financed public improvement. If connection is made or construction commenced without the above-mentioned permits, then the advance financed reimbursement is immediately due and payable upon the earliest date that the permit was required. No permit for connection or construction shall be issued until the advance financed reimbursement is paid in full or otherwise processed in accordance with the terms of division C.2. of this section. Whenever the full and correct advance financed reimbursement is due and has not been paid and collected for any reason, the City Administrator shall report to the Council the amount of the uncollected reimbursement, the description of the real property to which the reimbursement is attributable, the date upon which the reimbursement was due and the name or names of the benefiting property owners. The City Council, by motion, shall then set a public hearing and shall direct the City Administrator to give notice of the hearing to each of those benefiting property owners, together with a copy of the City Administrator’s report concerning the unpaid reimbursement, either in person or by certified mail. Upon public hearing, the Council may accept, reject or modify the City Administrator’s report; and if it finds that any reimbursement is unpaid and uncollected, the Council, by motion, may direct the City Recorder to docket the unpaid and uncollected reimbursement in the city record of liens. Upon completion of the docketing, the city shall have a lien against the described land for the full amount of the unpaid advance financed reimbursement, interest and the city’s actual cost of serving notice upon the benefiting property owners. The lien shall be enforced in the manner provided by O.R.S. Chapter 223.
      2.   Whenever an advance financed reimbursement is due and collectable, the benefiting property owner may apply, upon forms provided by the City Administrator, for the voluntary imposition of a lien upon a parcel for the full amount of the advance financed reimbursement and the payment of that lien in 20 equal semi-annual installments including interest at the current legal rate. The applicant must provide a certificate from a licensed title insurance company showing the identity and amount of all other liens already of record against the property and a certificate from the County Tax Assessor showing the assessed valuation of the property. The city shall not permit a lien greater than the assessed value less the combined total principal balance and accrued interest on all prior liens. Upon receipt of these certificates and application, the City Administrator shall compute the amount of the advance financed reimbursement, the date upon which the reimbursement is due, the name or names of the applicant/owners and the description of the property; and upon receiving that report, the City Recorder shall docket the lien in the city docket of liens. From the time that docketing is completed, the city shall have a lien upon that land for the amount of the charge and interest upon that charge at the rate established by the Council for advance financed public improvements. That lien shall be enforced in the manner provided in O.R.S. Chapter 223.
§ 4.12.090   Disposition of advance financed reimbursements.
   Developers shall receive advance financed reimbursement collected by the city pertaining to their advance financed public improvements. Such reimbursement shall be delivered to the developer for a period of 10 years from the date the applicable advance financing agreement has been executed. In addition, any developer, or said developer’s heirs, successors or assigns, may apply at 5-year intervals for 2 5-year extensions beyond the initial 10-year period. Such reimbursement will be made by the city within 90 days of receipt of the advance financed reimbursements. Advance financed reimbursements not paid the developer under the terms of this chapter shall be retained by the city to be used for related system improvements as authorized from time to time by the Council.
(Am. Ord. 903, passed 1-4-1993)
Loading...