Ordinance No. 82-24 CITY OF i'IGARD, OREGON
ORDINANCE NO. 82-_Lq__
AN ORDINANCE ESTABLISHING A PROGRAM FOR DEFERRAL OF ASSESSMENTS FOR
CERTAIN PROPERTIES IN RESIDENTIAL USE IN THE S.W. 72ND AVENUE AREA
LOCAL IMPROVEMENT DISTRICT, AND DECLARING AN EMERGENCY.
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WHEREAS, the City Council by Ordinance No. 82-13 has ordered
the improvements to be made per the specifications of the S.W. 72nd
Avenue Area Local Improvement District; and
WHEREAS, a number of the properties to be specially benefited
and assessed for the cost of the improvement are in single family
residential use, but zoned or planned for higher density residential
uses or commercial uses; and
WHEREAS, the City Council wishes to provide a reasonable method
for those specially benefited by the improvement to pay the assess-
ment;
NOW, THEREFORE,
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THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section l: Owners of record of parcels of property designated
within the Tigard Comprehensive Plan or the Tigard Zone
Code for more intensive use than single family residential and used
for single family residential and within the S.W. 72nd Avenue Area
Local Improvement District, may apply to the City of Tigard for
deferral of their assessment until the use of the property changes
to anything other than single family residential or the parcel is
partitioned or subdivided.
Section 2: The interest rate and the amount deferred for the period
of deferral shall be sevenp ercent (7%) .
Section 3: The deferred special assessment amounts, and accrued
interest, shall continue to be a lien against the
property in -the same manner as any other unpaid special assessments. `
Section 4: The City Administrator shall approve an application for
deferral of assessment for the S.W. 72nd Avenue Area
Local Improvement District if he finds the applicant meets the
conditions set forth in this ordinance.
Section 5: Conditions for approval of deferral:
(1) The application shall be in writing and in a form ;
prescribed by the City of Tigard, substantially as
contained in Exhibit A of this ordinance which, by this
reference is made a part hereof as if fully set forth t
herein.
(2) Applicant for deferral must be the owner of record of
the property.
ORDINANCE NO. 82-2_te_ Page 1 of 2 :
(3) The property must be within the S.W. 72nd Avenue Area
Local Improvement District.
(4) The property must be in single family residence use at
the time of the application.
(5) The ap-licant must have already applied to pay the assess-
ment in installments under the Bancroft Bonding Act. 4
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(6) The applicant may not at the same time participate in the
State of Oregon deferral program under ORS 311.702 to 311.735.
(7) The property must be designated under the Tigard Zone Code
or the Tigard Comprehensive Plan for uses other than
single family residential. .
(8) The property owner must have executed an agreement with the
City, which agreement shall provide for the conditions of
deferral and payment as specified in this ordinance, sub-
stantially in the form of the agreement attached to this
ordinance as Exhibit B which, by this reference, is made a !'
part hereof as if fully set forth herein.
Section 6: The deferral shall end and the assessment and accrued "
interest shall become payable on the occurrence of any
of the following conditions:
(1) The use of the property changes from single family
residential; or
(2) The property is partitioned; or
(3) The property is subdivided; or
(4) The property owner violates any of the provisions of the
agreement executed under this ordinance.
Section 7: The Mayor and the City Recorder are authorized to execute
the described agreement on behalf of the City of Tigard.
Section 8: That inasmuch as it necessary for the peace, health,
and safety of }he people of the City of Tigard that
the program for deferrals for the S.W. 72nd Avenue Area Local '
Improvement District be implemented without delay, an emergency is
declared to exist, and this ordinance shall become effective upon
its passage by the Council and signature by the Mayor.
PASSED: By the Council by unanimous vote of all Council members
present, after being read two times by number and title
only, this /U day of April, 1982.
City Recorder - Cit f Tigard
APPROVED: By the Mayor, thisday of April, 1982. r
Mayor - City of Tigard `
ORDINANCE No $2 y
EXHIBIT A
CITY OF TIGARD, OREGON
APPLICATION FOR S.W. 72ND AVENUE AREA
L.T.D. SPECIAL ASSESSMENT DEFERRAL
DATE OF APPLICATION:
NAME MARRIED SINGLE
ADDRESS
NAME OF SPOUSE
TIGARD ZONE CODE DESIGNATION
TIGARD COMPREHENSIVE PLAN MAP DESIGNATION
DESCRIBE ALL USES ON THE PARCEL FOR WHICH DEFERRAL IS SOUGHT.
sU' ATTACH SITE PLAN OF PARCEL.
I HAVE NOT APPLIED FOR THE STATE OF OREGON DEFERRAL OF SPECIAL
ASSESSMENTS PROGRAM. ORS 311. 702 to 311.735.
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CITY OF TIGARD AGREEMENT FOR DEFERRAL EXECUTED BY APPLICANT. ATTACHED.
Signature of Applicant
Signature of Spouse
APPROVED:
Approval Date:
City Administrator
EXHIBIT B
CITY OF TIGARD, OREGON
S.W. 72ND AVENUE AREA LOCAL IMPROVEMENT DISTRICT
F AGREEMENT DEFERRING COLLECTION OF ASSESSMENT
AGREEMENT between the City of Tigard, a Municipal Corporation
in the state of Oregon (City) and
and —(Owner) .
RECITALS:
A. In accordance with Ordinance No. 82- , City will construct
a public improvement consisting of
and in accordance with
such ordinance, City has assessed and declared a lien upon Owner's
real property, described as Assessor's map and tax lot #
(Subject Property) , in the amount of$ (Assessment) .
B. Owner has completed and signed a Bancroft bonding applica-
tion providing for payment of the Assessment and the principal
balance of the Assessment due on the date hereof in the amount of
C. Owner desires to have payment of the balance of the
Assessment deferred as provided by Ordinance No. 82- and Owner
is qualified for such deferral for the following reasons:
(1) Owner is a natural person who is the sole owner of,
or owner is a husband and wife both of whom exclusively own,
the Subject Property.
(2) Owner is the owner of record of the Subject Property.
(3) The Subject Property is within the S.W. 72nd Avenue
Area Local Improvement District.
(4) The Subject Property is used for single family
residence on the date this application was made for deferral.
(5) The applicant has already applied to pay the 'assess-
ment in installments under the Bancroft Bonding Act.
(S) Owner has not applied for a deferral under ORS (°
311.702 to 311.735. f'
(7) The subject property is designated under the Tigard
Zone Code or the Tigard Comprehensive Plan for uses other
than single family residential.
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NOW, THEREFORE, IT IS AGREED:
1. Condition of Deferral - Termination. The collection of
the balance of the Assessment by City and payment by Owner of the
balance of the actual Assessment cost for the public improvement(s) ,
levied in accordance with existing assessment policies of the City,
shall be deferred in accordance with the terms of this agreement
until such time as any one of the following occur:
1.1 Owner defaults in the performance of the terms
and provisions of this agreement; or
1.2 Owner ceases to be eligible for the deferral under
Ordinance No. 82- of the City of Tigard.
Owner shall immediately notify the City Recorder when Owner ceases
to qualify for the deferral.
2. Terms of Deferral. Payment of the principal balance of
the Assessment now due of $ shall be deferred until
the occurrence of any of the events described in Paragraph 1, and
shall be paid in accordance with the following:
2.1 Interest Due During Deferral: The balance of the
Assessment shall accrue simple interest at the rate of 70
per annum from the date of this Agreement. Such interest
shall be paid:
( ) Monthly, commencing on the day of ,
19 , and on the same day of each month thereafter during
the period of the deferral.
( ) Semi-annually, commencing on the day of
, 19 , and on the day of
19 , and thereafter during the period of the deferral.
( ) In a lump sum at the end of the deferral.
2.2 Principal. Upon the occurrence of any of the events
described in Paragraph 1, the deferral shall end, at which
time Owner agrees to pay the Assessment in full, including any
accrued and unpaid interest, or to pay the balance of the
Assessment in semi-annual installments of $ each,
plus interest at the rate in effect at the time the Bancrofing
application was made for the improvements subject to the
Assessment, until the Assessment and interest is paid in
full.
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The total amount due at termination shall be equal to the amount
of the Bancrofting installment, principal and interest, being r
deferred under this Agreement, plus seven percent (7%) per annum
for the period of the deferral. `
3. Binding Effect. This Agreement shall be binding upon and ..
inure to the benefit of the parties hereto and their heirs, legal
representatives, successors and assigns, subject to the restrictions
and conditions specified in Paragraph (1) . This Agreement shall
be a covenant and condition running with the subject Property and
the Assessment deferred under this Agreement shall be a lien upon
the Subject Property.
4. Remedies Upon Default. In addition to any other remedy
contained in this Agreement, the City shall have all rights and '
remedies available to it by law to enforce the terms of this
Agreement. In the event it is necessary to institute suit or _
action to enforce the terms of this Agreement or to seek damages
from Owner for a breach of this Agreement, Owner agrees that he
and/or she will pay, in addition to costs and disbursements, such
sum as the court shall adjudge reasonable as attorney's fees
incurred by the City in connection with such suit or action, as
set by the trial and all appellate courts.
IN WITNESS WHEREOF, the City and Owner have entered into this
Agreement this day of , 19
CITY OF TIGARD, OREGON, a
Municipal Corporation in
the State of Oregon
By:
Mayor Owner `
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City Recorder Owner
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STATE OF OREGON )
)ss.
County of Washington)
Personally appeared before me , who
being duly sworn did say that he is the Mayor of the City of
Tigard, that the foregoing instrument was signed by him on
behalf of the City of Tigard, and he acknowledges this
instrument to be the free act and deed of the City.
Before me:
Notary Public for Oregon
(NOTARIAL SEAL) My Commission expires:
STATE OF OREGON )
)ss.
County of Washington)
Personally appeared before me , who
being duly sworn did say that she is the City Recorder of the
City of Tigard, that the foregoing instrument was signed by her
on behalf of the City of Tigard, and she acknowledged this
instrument to be the free act of the City.
Before me:
a
Notary Public for Oregon
(NOTARIAL SEAL) My Commission expires:
STATE OF OREGON )
)ss.
County of Washington)
Personally appeared the above-named
and , who acknowledged the foregoing
instrument to be voluntary act and deed.
Before me:
n-
Notary Public for Oregon
C (NOTARIAL SEAL) My Commissic,z expires:
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