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Ordinance No. 90-23 CITY OF IGARD ORDINANCE NO. AN ORDINANCE PROVIDING FOR ADVANCE FINANCING AND REIMBURSEMENT OF STREET IMPROVEMENTS, WATER LINE EXTENSIONS AND SEWER LINE EXTENSIONS WHEREAS, the City may require or agree that a property developer shall construct street, water and sewer improvements which benefit adjacent property owners and relieve those adjacent property owners of installing such improvements; and WHEREAS, the City Council finds it equitable to impose a connection charge on adjacent property owners who are benefited by such street, water and sewer improvements; and WHEREAS, the City Council finds that using such connection charges to provide reimbursement to the developer who installed street, water an"i sewer improvements encourages such improvements to be made in a uniform and planned manner; now, therefore: THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1. The Tigard Municipal Code shall be amended by adding Chapter 13.08 to read as follows: 13.08.010 Definitions. (1) City Engineer or Engineer. The person holding the position of City Engineer or any officer or employee designated by that person to perform duties stated within this ordinance. (2) City. The City of Tigard. (3) Person. A natural person, the person's heirs, executors, administrators, or assigns; a firm, partnership, corporation, association or legal entity, its or their successors or assigns; and any agent employee or any representative thereof. Unless the context clearly indicates otherwise, person shall not mean the City of Tigard. (4) Street or Street Improvements. Conforming with standards in the Tigard Community Development Code and including but not limited to streets, storm drains, curbs, gutters, sidewalks, bike paths, traffic control devices, street trees, lights and signs and public right- of-way. Ordinance No. Page 1 (5) Water or Water Line Improvements. Conforming R with standards in the Tigard Community Development Code and including but not limited to extending a water line adjacent to property, other than property owned by the person, so that water service can be provided for such other property without further extension of the line. (6) Sewer or Sewer Line Improvements. Conforming with standards in the Tigard Community Development Code and including but not limited to extending a sewer line adjacent to property, other than property owned by the person, so that sewer service can be provided for such other property without further extension of the line. (7) Zone of Benefit. The area which is determined by the City Council to derive a benefit from the construction of street, water or sewer improvements, which is financed in whole or in part by a person or the City and includes property, which abuts the street, water or sewer improvement, utilizes the street, water or sewer~ improvement or has the opportunity to utilize such an improvement. Street, water and sewer improvements must be greater than those which would otherwise ordinarily be required in connection with an application for permit approval in that they relieve adjacent property owners of installing such improvements. Examples include but shall not be limited to full street imp rove-tints instead of half street improvements, off site sidewalks, connection of street sections for continuity, extension of water lines and extension of sewer lines. it is anticipated that the zone of benefit for purpose of this ordinance will be different from the area of benefit as described under the City's local improvement assessment procedure. (8) Recovery Agreement Connection Charge or Connection Charge. The fee required to be paid by Council resolution and the recovery agreement. The Council resolution and recovery agreement shall determine the boundaries of the zone of benefit and shall determine the methodology for imposing a fee Which considers the cost of reimbursing another person for financing the construction of a street, water line or sewer line within the zone of benefit. 13.08.020 _Frmation of the Zone of Benefit. (1) Any person who is required or chooses to finance some or all of the cost of a street, water or sewer improvement adjacent to property, other than property owned by the person, so that the owner of Ordinance No. c0-03 Page 2 adjacent property is thereby relieved of such requirement, may, by written request filed with the City Engineer, request that the City establish a zone of benefit. The City may also initiate formation of a zone of benefit. (2) The City Engineer shall review a request for the establishment of a zone of benefit and evaluate whether a zone should be established. The Engineer may request the submittal of relevant information from the person making the request in order to assist in the evaluation. The Engineer shall prepare a written report, for the City Council considering and making recommendations concerning the following factors: (a) whether the person making the request has financed, or has been required to finance some or all of the cost of a street, water or sewer improvement and thereby provided an adjacent property with improvements which would otherwise be required of the adjacent property; (b) the area of the zone of benefit, the zone formation date, and the date when the right of reimbursement ends. The date when the right of reimbursement en,�s shall r not extend beyond ten years from the zone formation date, except that the City Council may, by resolution, authorize up to two five-year extensions of said deadline, at the Council's option; (c) the actual cost of the street, water or sewer improvements within the area of the proposed zone of benefit and the portion of the cost for which the person making the request should be reimbursed; (d) a methodology for spreading the cost among the parcels within the zone of benefit and where appropriate defining a "unit6° for applying the connection charge to property which may with approval be partitioned, altered, modified, or subdivided at some future date. The methodology shall consider the cost of the improvements, prior contributions by adjacent property owners, the value of the unused capacity, rate-making principles employed to finance public improvements, and other relevant Ordinance No. 670-05 Page 3 s i S s factors as deemed relevant by the City Engineer; (e) the annual percentage rate which shall be applied to the connection charge on the anniversary date of the reimbursement agreement as a return on the investment for the person or the City. The percentage rate shall be fixed and determined by the Council and computed against the costs as spread among the parcels within the zone of benefit. Factors that the Council may consider in determining the percentage rate include, but are not limited to, the cost of any financing (including prepayment points, prepayment penalties and loan fees and the actual percentage of interest paid by the person who is carrying the cost of the improvement, and opportunity costs lost) . (3) The cost to be reimbursed to the person making the request shall be limited to the cost of construction, including the acquisition and condemnation costs of acquiring additional right-of-way, the cost of permits, engineering and legal expenses, interest charges, administrative expenses and the annual percentage .., increase fixed and determined by the Council. (4) The portion of the cost to be refunded shall be computed by the City on all properties which abut or are adjacent to the improvements, including the property of the applicant for formation of a zone of benefit. The applicant for formation of the zone of benefit shall not be reimbursed for the amount of the improvement costs computed on the property developed by the applicant. (5) The Council shall approve, reject or modify the recommendations contained in the City Engineer's report. The Council has the sole discretion to decide whether or not a zone of benefit is to be established. The Council's decision shall be embodied in a resolution. If a zone of benefit is established the resolution shall include the City Engineer's report as approved or modified, and specify that payment of the recovery agreement connection charge, as designated for each parcel, is a precondition of receiving City permits applicable to development of that parcel as provided for in Section 13.08.030. Ordinance No. ��'a Page 4 t (6) The City Recorder shall cause a copy of the resolution establishing a zone of benefit together with a description of all affected properties to be filed in the office of the County Recorder so as to provide notice to all affected property owners. Said recording shall not create a lien. Failure to make such a recording shall not affect the legality of the resolution or the obligation to pay the recovery agreement connection charge. (7) The City Recorder shall also notify all affected property owners by mailing to them at their last known address a copy of the resolution. (8) An affected property owner may petition the City Council for a hearing at which the Council will consider and rule upon any objections to the zone of benefit charge. (9) No petition or other legal action intended to contest the connection charge, including the amount of the charge designated for each parcel, shall be filed after 60 days following adoption of a resolution establishing a zone of benefit. 13.08.030 Obligation to Pav Recovery Agreement Connection Charge. (1) An owner of property within any zone of benefit shall pay to the City, in addition to any other applicable fees and charges, the recovery agreement connection charge established by the Council, together with the accrued interest rate, if within ten (10) years from the zone formation date or within the time specified in the resolution establishing the zone, the owner applies for and receives approval from the City for any of the following activities: (a) A building permit for a new building, (b) A building permit for any addition, modification, repair or alteration of a building, which exceed twenty-five percent (25%) of the value of the building within any I2--month period. The value of the building shall be the amount shown on the most current records of the County Department of Assessment and Taxation for the building's true cash value. This paragraph shall not apply to repairs made necessary due to damage or destruction by fire or other natural disaster, Ordinance No. q0-03 Page 5 (c) Any alteration, modification or change in the use of real property, which increases the number of parking spaces required under the Tigard Community Development Code in effect at the time of permit application, (d) Connection to the water line, if the water line is subject to a recovery agreement connection charge, (e) Connection to the sewer line, if the sewer line is subject to a recovery agreement connection charge. (f) Connection to a street, if the street is subject to a recovery agreement connection charge. (2) The City's determination of who shall pay the recovery agreement connection charge is final. Neither the City nor any officer or employee of the City shall be liable for payment of any recovery agreement connection charge, accrued percentage rate, or portion thereof, except that the City will be responsible to pay any charge levied against property owned by the City and located within the zone of benefit. An applicant for the y formation of a zone of benefit shall agree to defend and indemnify the City from any claims arising as a result of or related to the City's approval of the application, provided that the City has acted reasonably. (3) The right of reimbursement is assignable and transferable after written notice is delivered to the City, advising the City to whom future payments are to be made. (4) The City shall establish separate funds for each zone of benefit. Upon receipt of a connection charge, the City shall cause a record to be made of that property's payment and remit the charge to the person who requested establishment of the zone of benefit or their assignee, less an amount equal to five percant (5%) of the charge for administration of the agreement by the City. The applicant may petition the City Council for a reduction in the administration fee on the basis that a five percent charge would be inequitable. Ordinance No. 7 oZ3 Page 6 (5) No person shall be required to pay the recovery agreement connection charge on an application or upon property for which the connection charge has been previously paid, unless such payment was for a different type of improvement. No permit shall be issued for any of the activities listed in subsection 13.08.030(1) unless the recovery agreement connection charge, together with any accrued interest, has been paid in full. Where approval is given as specified in subsection 13.08.030(1) , but no permit is requested or issued, then the requirement to pay the recovery agreement connection charge lapses if the underlying approval lapses. 13.08.040 ApplicobI1ity. (1) Application for formation of a zone of benefit may be made at any time but shall be made no later than three months after completion and acceptance of the street, water or sewer improvements. (2) A person whose property is subject to payment of a recovery agreement connection charge receives a benefit from the construction of street improvements, regardless of whether access is taken or provided directly onto such street at any time. Nothing in this ordinance is intended to modify or limit the authority e of the City to provide or require access management. (3) The recovery agreement connection charge is not intended to replace or limit, and is in addition to, any other existing fees or charges collected by the City. Ordinance No. � � Page 7 i 860tion 2. Severability, The sections of this ordinance are *` severable, In the event any portion or provision is held to be unenforceable or invalid by any court of competent jurisdiction, the remainder of this ordinance shall remain in full force and effect and shall in no way be affected or invalidated thereby. F� A PASSED AND APPROVED this cad ' da off C C,• , 1990. rad wards, Mayor ATTEST: Catherine Wheatley,'�City R order APPROVED AS TO F?RM: �G y Attorne (7,' I Date 111 and\tigard\reimburs.ord Ordinance No. qO,Q3 Page 8