The following are definitions for the purposes of this chapter and for all the purposes of any advance financing agreement entered into pursuant to this chapter and for any actions taken as authorized pursuant to this chapter or otherwise:
"Advance finance agreement"means an agreement between a developer and the City, as authorized by the City Council, and executed by the City Manager, which agreement provides for the installation of and payment for advance financed public improvements and which agreement contains improvement guarantees, provisions for reimbursement by the benefiting property owners who may eventually utilize such improvement, inspection guarantees, and the like, as determined in the best interest of the public by the City Council.
"Advance financing"means a developer's payment for the installation of one or more public improvements installed pursuant to this chapter which benefiting property owners may utilize upon reimbursing a proportional share of the cost of such improvement.
"Advance financing resolution"means a resolution passed by the City Council designating a public improvement to be an advance financed public improvement and containing provisions for financial reimbursement by befitting property owners who eventually utilize the improvement and such other provisions as determined in the best interest of the public by the City Council.
"City"means the City of Molalla.
"Developer"means an individual, a partnership, a joint venture, a corporation, a subdivider, a partitioner of land or any other entity, without limitation, who will bear, under the terms of this chapter, the expense of construction, purchase, installation, or other creation of a public improvement.
"Development"means that real property being developed by the developer and for which property the advance financing resolution is passed.
"Owner"means the fee holder of record of the legal title to the real property in question. Where such real property is being purchased under a recorded land sales contract, then such purchasers shall also be deemed owners.
"Public improvement"means the following:
1. The construction, reconstruction or upgrading of any water, sanitary sewer, or storm sewer system improvements.
2. The grading, graveling, paving or other surfacing of any street, or opening, laying out, widening, extending, altering, or changing the grade for construction of any street.
3. The construction or reconstruction of curb and gutter or sidewalks.
4. Those "capital improvements" as provided in Oregon Revised Statutes
223.299(1) as now written or hereafter amended.
5. Any other public improvement authorized by the City Council.
(Ord. 2021-04 §1)