Ordinance No. 19-17 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 19- 17
AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE 3.50 NON-PROFIT CORPORATION
LOW-INCOME HOUSING TO INCLUDE TAX EXEMPTIONS FOR LAND BANKING AND
REMEDIES FOR PROPERTIES THAT LEAVE AFFORDABILITY
WHEREAS,there is an identified need for affordable housing in the City of Tigard;and
WHEREAS, in 1985, the Oregon Legislative Assembly adopted legislation that allows cities and counties to
exempt qualified affordable housing operated by non-profit corporations from property taxes;and
WHEREAS,in 1996,the City Council adopted a local property tax exemption program for affordable housing
operated by non-profit corporations under the provisions of the state law;and
WHEREAS,in 1997, the Oregon Legislative Assembly adopted amendments to state law that allows cities to
extend the non-profit affordable housing exemption to land planned for development;and
WHEREAS,the City Council adopted an Affordable Housing Plan in June of 2019;and
WHEREAS, a key recommendation of that plan is an update to the city's affordable housing tax exemption
program to bring it into concordance with subsequent changes to state law and to support land banking for
affordable housing;and
WHEREAS, Goal 10 of the City of Tigard's Comprehensive Plan is to "provide opportunities to develop a
variety of housing types that meet the needs, preferences, and financial capabilities of Tigard's present and
future residents";and
WHEREAS,property tax exemptions reduce carrying costs for non-profit affordable housing providers;and
WHEREAS, the Council desires to continue to encourage and support the development and operation of
affordable housing.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Chapter 3.50 of the Tigard Municipal Code is hereby amended, as shown on the attached
Exhibit A.
SECTION 2: This ordinance shall be effective 30 days after its passage by the council, signature by the
mayor,and posting by the city recorder.
PASSED: By ZG'/ �2-C-M lalei vote °W., council members present after being read by number
and title only,this_ 7' day of/ 'i t n ,2019.
ORDINANCE No. 19-1 7
Page 1
Carol A. Krager,City Recorder
APPROVED: By Tigard City Council this day of i 1 M184 , ,2019.
Jaso . Snider,Mayor
Approved as to form:
City Attorney
1 I S i �1
Date
ORDINANCE No. 19-17
Page 2
TIGARD MUNICIPAL CODE
Chapter 3.50 NON-PROFIT 3.50.020 Nonprofit Corporation Low
CORPORATION Income Housing; Exemption;
LOW-INCOME HOUSING. Criteria.
Sections: A. Property that meets all of the following
criteria shall will be exempt from taxation as
3.50.010 Definitions. provided in this section.
3.50.020 Nonprofit Corporation Low
Income Housing; Exemption; 1. The property is owned or being
Criteria. purchased by a corporation described in that i:,
3.50.040 Application For Exemption. _ • - . . . . _. .- ... section 501(c)(3)
3.50.050 Determination Of Eligibility or(4) of the Internal Revenue Code that is exempt
For Exemption; Notice To from income taxation under section 501(a) of the
County Assessor. Internal Revenue Code as amended before
3.50.060 Termination of Exemption. December 1, 1981.
2. Upon liquidation, the assets of the
3.50.010 Definitions. corporation are required to be applied first in
payment of all outstanding obligations, and the
A. "Governing body" means the City of balance remaining, in cash and in kind, to be
Tigard City Council. distributed to corporations exempt from taxation
and operated exclusively for religious, charitable,
B. "Low-income" means: income at or scientific,literary or educational purposes or to the
below 60 percent of the area median income aJ State of Oregon.
- - - - .• - - 3. The property is_ e
- •. •.: • - - ...• `- - •• . (Ord. 96-34) inseme-persens.
1. For the initial year a person a. Occupied by low income
occupies property for which an application for persons;or
exemption is filed under this chapter,income at or
below 60 percent of the area median income as b. Held for the purpose of future
determined by the Oregon Housing Stability development as low-income housing.
Council based on information from the United
States Department of Housing and Urban 4. The property or portion of the
Development; and property receiving the exemption, is actually and
exclusively used for the purposes described in
2. For every subsequent consecutive section 501(c) (3) or (4) of the Internal Revenue
year that the person occupies the property,income Code as amended before December 1, 1984.
at or below 80 percent of the area median income
as determined by the Oregon Housing Stability 5. The exemption has been approved
Council based on information from the United as provided in section 3.50.050.
States Department of Housing and Urban
Development. B. For the purposes of subsection(1)of this
section, a corporation that has only a leasehold
3-50-1 SE Update: 12/01
TIGARD MUNICIPAL CODE
interest in property is deemed to be a purchaser of exempted amount of each property being applied
that property if: for under this chapter;
1. The corporation is obligated under 44. A description of the property for
the terms of the lease to pay the ad valorem taxes which the exemption is requested;
on the real and personal property used in this
activity on that property; or 53. A description of the charitable
purpose of the project and whether all or a portion
2. The rent payable by the corporation of the property is being used for that purpose;
has been established to reflect the savings resulting
from the exemption from taxation. 63. A certification of income levels of
low income occupants;
C. A partnership shall will be treated the
same as a corporation to which this section applies 74. A description of how the tax
if the corporation is: exemption will benefit project residents;-and
1. A general partner of the partnership; 85. A declaration that the corporation
and has been granted an exemption from income taxes
under 26 U.S.C. section 501(c) (3) or (4) as
2. Responsible for the day to day amended before December 1, 1981.;
operation of the property that is the subject of the
exemption. (Ord. 96-34) 9. A description of the development of
the property if the property is being held for future
3.50.040 Application For Exemption. low income housing development;and
A. To qualify for the exemption provided by 10. Any other information required by
3.50.020, the corporation shall must file an state or local law or which is otherwise reasonably
application for exemption with the governing body necessary to effectuate the purposes of this chapter
for each assessment year the corporation wants the at the time the application is submitted.
exemption. The application shall must be filed on
or before March 1 of the assessment year for which C. The application must include the
the exemption is applied fef, except that when the following statements:
property designated is acquired after March 1 and
before July 1,the claim for that year shall must be 1. That the applicant is aware of all
filed within 30 days after the date of acquisition. requirements for property tax exemption imposed
The application shall must include the following by this chapter;
information:
2. That the applicant's property
1. The applicant's name, address, and qualified or,upon completion of the rehabilitation
telephone number; improvements and subsequent occupancy by low
income persons, will qualify for exemption at the
2. The assessor's account number for time of application approval or within 30 days of
each site; the March 1 application deadline;
3. The number of units and the 3. That the applicant acknowledges
3-50-2 SE Update: 12/01
TIGARD MUNICIPAL CODE
responsibility for compliance with the Tigard owner(s) by mailing the notice to the last known
Municipal Code, regardless of whether the address of the owner(s), and to every known
applicant obtains the exemption provided by this lender, by mailing the notice to the last known
chapter; and address of every known lender. The notice will
state the reasons for the proposed termination and
4. That the applicant agrees to furnish require the owner(s) to appear at a specified time,
other information which is reasonably necessary to not less than 20 days after mailing the notice, to
fulfill the objectives of this chapter. show cause, if any,why the exemption should not
be terminated.
CB. The applicant shall must verify the
information provided in the application as required B. If the owner(s) fail to appear and show
by subsections B and C above by oath or cause why the exemption should not be terminated,
affirmation. (Ord.96-34) the governing body will notify every known
lender, and allow any lender not less than 30 days
3.50.050 Determination Of Eligibility after the date the notice of failure to appear and
For Exemption; Notice To show cause is mailed to cure any noncompliance or
County Assessor. to provide adequate assurance to the governing
body that all noncompliance will be remedied.
A. Within 30 days of the filing of an
application under section 3.50.040, the governing C. If the owner(s) fail to appear and show
body shall will determine whether the applicant cause why the exemption should not be terminated,
qualifies for the exemption-wider-3407024If the and the lender fails to cure or give adequate
governing body determines the applicant qualifies, assurance of the cure of noncompliance, the
the governing body shall will certify to the assessor governing body will adopt a resolution stating its
of the county where the real property is located that findings that terminate the exemption. Within 10
all or a portion of the property shall be exempt days of the adoption of the resolution,a copy of the
from taxation under the levy of the certifying resolution will be filed with the county assessor
governing body. and sent to the owner(s) at the owner(s)' last
known address and to the lender at the last known
B. Upon receipt of certification under address of the lender.
subsection (-14 A of this section, the county
assessor shall will exempt the property from D. Upon the county assessor's receipt of the
taxation to the extent certified by the governing city's termination findings:
body. (Ord. 96-34)
1. The exemption granted to the
3.50.060 Termination of Exemption. housing unit or portion under this chapter
immediately terminates, without right of notice or
A. If the governing body determines that appeal;
property that has received an exemption under this
chapter in anticipation of future development of 2. The property will be assessed and
low-income housing is being used for any purposes taxed as other property similarly situated is
other than the provision of low-income housing, or assessed and taxed;and
that any provision of this chapter is not being
complied with,the governing body will give notice 3. Notwithstanding ORS 311.235,
of the proposed termination of the exemption to the there will be added to the general property tax roll
3-50-3 SE Update: 12/01
TIGARD MUNICIPAL CODE
for the tax year next following the presentation or
discovery, to be collected and distributed in the
same manner as other real property tax,an amount
equal to the difference between the taxes assessed
against the property and the taxes that would have
been assessed against the property had it not been
exempt under this chapter for each of the years,not
to exceed the last 10 years, during which the
property was exempt from taxation under this
chapter.
E. The assessment and tax rolls will show
potential additional tax liability for each property
granted an exemption under this chapter if the
property is being held for future development of
low-income housing.
F. Additional taxes collected under this
section will be deemed to have been imposed in the
year to which the additional taxes relate. ■
3-50-4 SE Update: 12/01