This chapter shall be known as the "Advanced Financed District
Ordinance" for the City of Warrenton.
(Ord. 1043-A § 1, 2000)
As used in this chapter, unless the context requires otherwise,
the following shall be defined as:
means all direct or indirect costs incurred by the City in
order to deliver goods and services or to undertake a public improvement.
The "actual cost" of providing goods or services to a property or
a property owner includes the cost, or an allocated portion of the
total amount of the actual cost, of making a good or service available
to the property owner, whether stated at a minimum, fixed, or variable
amount. Actual cost includes, but is not limited to, the cost of labor,
materials, attorney fees, supplies, equipment rental, property acquisition,
permits, financing, engineering, administration, reasonable program
delinquencies, return on investment, required fees, insurance, administration,
accounting, depreciation, amortization, operation, maintenance, repair
or replacement and debt service, including debt service payments or
payments into reserve accounts for debt service and payments of amounts
necessary to meet debt service coverage requirements.
means the City of Warrenton, Oregon.
means the Warrenton City Commission.
means the City Manager or City Manager's designee.
means the Recorder, Clerk or other person or officer of the
City of Warrenton serving as a Clerk of the City or performing clerical
work of the City, or other official or employee as the governing body
of the City shall designate to act as Recorder.
means a developer's or the City'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.
means an agreement between a developer and the City, as authorized
by the City Commission, and executed by the Manager, which agreement
provides for the installation of, and payment for, advance financed
public improvements, and may, in such agreement, require such guarantee
or guarantees as the City deems best to protect the public and benefiting
property owners, and may make such other provisions as the Commission
determines necessary and proper.
means a resolution passed by the Commission and executed
by the Manager designating a public improvement to be an advance financed
public improvement and containing provisions for financial reimbursement
by benefiting property owners who eventually utilize the improvement
and such other provisions as determined in the best interest of the
public by the Commission.
means the free holder of record of the legal title to real
property which, by virtue of installation of an advance financed public
improvement, may be served, all or in part, by the same. Where such
real property is being purchased under a recorded land sales contract,
then such purchasers shall also be deemed owners.
means the City, an individual, a partnership, a joint venture,
a corporation, a subdivision, a partition of land or any other entity,
without limitation, who will bear, under the terms of this chapter,
the expenses of construction, purchase installation, or other creation
of a public improvement.
means the amount of advanced financed reimbursement due from the benefiting property owners calculated in accordance with Section 3.16.100.
means:
The grading, graveling, paving, or other surfacing of any street;
or opening, laying out, widening, extending, altering, changing the
grade of or constructing any street;
The construction of sidewalks;
The construction or upgrading of any storm drains;
Water improvements;
Sanitary sewer improvements; or
Any other public improvement authorized by the Commission.
(Ord. 1043-A § 2, 2000)
B.
The
purpose of this chapter is also to allow the City to require that
new developments pay for installation costs of these necessary public
improvements, to assure that they are installed in accordance with
the adopted master plan, 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.
(Ord. 1043-A § 3, 2000)
A.
When
a development is to occur at locations where approved master planning
documents show new public improvements, the Commission may condition
its approval of subdivisions, land partitions, and conditional use
permits to require that the customer enter into an advance financing
agreement when the Commission deems such an agreement will best protect
the public and promote the general welfare of the City. The developer,
at his or her option, may alternatively elect to be reimbursed by
negotiating with the City for reimbursement of added public improvements,
where provisions and funds for such negotiations exist, or by completing
the public improvement without reimbursement, or by a combination
of methods.
B.
In accordance with Section 3.16.030, the City Commission 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 Commission may, by motion, designate the City or other public entity as the developer and direct the Manager to prepare an advance financing application.
(Ord. 1043-A § 4, 2000)
A.
The
Commission will receive applications at the City office, accompanied
by an application fee of $700.00, or such other amount and schedule
that the City may, from time to time, set by resolution for advance
financed public improvements. Applications shall also be accompanied
by: (1) maps depicting tax lot and assessor's information; (2) an
address list identifying affected adjacent properties and owners;
(3) engineering drawings approved by the Commission; (4) project engineer's
cost estimate or actual cost in cases where the improvement has been
constructed; and (5) three independent bids or a project cost agreed
upon by the developer and the Commission.
B.
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 costs. When the City
or other public entity is the developer, the Commission shall, by
motion, direct the Manager to submit the application to the City office
without fee.
(Ord. 1043-A § 5, 2000)
Upon receipt of the application for advance financed public
improvements, the City Manager or the City Manager's designee shall
make an analysis of the advance financed public improvements and shall
prepare a report to be submitted to the Commission for review, discussion,
and public hearing. Such report shall include those items submitted
as part of the application package identified above.
(Ord. 1043-A § 6, 2000)
Within a reasonable amount of time after the Manager has completed
his or her 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 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 remonstrance.
The Commission has the sole discretion, after the public hearing,
to decide whether or not an advance financing resolution shall be
passed.
(Ord. 1043-A § 7, 2000)
Not less than 10 or 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 such
hearing and the purpose thereof. Public notice shall be accomplished
by a written notice posted at the City office and such other conspicuous
locations as the Commission may determine to be appropriate, and by
a written notice published in a newspaper of general circulation in
the community, once in either of two 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 Commission's action to approve or not approve the same.
(Ord. 1043-A § 8, 2000)
After the public hearing, held pursuant to Sections 3.16.070 and 3.16.080, if the Commission desires to proceed with an advance financed public improvement, it shall pass an advanced financing resolution accordingly. The resolution shall designate the 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 Commission will enter into an agreement between the developer and the City pertaining to the advance financed public improvement and may, in such an agreement, require such guarantee or guarantees as the City deems best to protect the public and benefiting property owners, and may make such other provisions as the Commission determines necessary and proper.
(Ord. 1043-A § 9, 2000)
A.
An advance
financed reimbursement is imposed on all benefiting property owners
at such time as the owners apply for access or connection to the advance
financed public improvement or apply for building permits for projects
that utilize an advance financed public improvement.
B.
Rates.
Benefiting property owners shall pay advance financed reimbursement
as calculated by the use of any method of appointing the actual cost,
or estimated actual cost, to be assessed is just and reasonable among
the properties determined to be specifically benefited and consistent
with the Oregon Constitution and Oregon laws.
1.
If
the advance financed public improvement was completed by the City,
the reimbursement to the City shall be the total cost of the improvement
increased by seven percent annual simple interest (or such other interest
rate as the Commission may, from time to time, set by resolution)
including the use of: (a) any just and reasonable method of determining
the extent of the advanced finance district boundaries consistent
with the benefits derived; (b) the use of any method of appointing
the actual cost among the properties to be specifically benefited
which is just and reasonable; and (c) if, in the opinion of the Commission,
there is a general public benefit which will result from the public
improvement, or when the Commission otherwise believes it to be just
and reasonable, the City may contribute funds towards the local improvement.
2.
If
the advance financed public improvement was completed without the
issuance of debt by the City, the reimbursement to the City shall
be up to the total cost of the improvement increased by the interest
rate, as set forth above, multiplied by a percentage of front footage
owned by benefiting property owners of the total front footage of
the advance financed public improvement.
3.
Advanced
financing reimbursement for odd-shaped lots shall be individually
established and consistent with the benefit received by the lots in
the area. If inequities are created through the strict implementation
of the above formulas, the Commission may modify its impact on a case-by-case
basis.
C.
1.
Collection.
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 any such permit was required.
2.
No
permit for connection shall be issued until the advance-financed reimbursement
is paid in full or otherwise processed in accordance with this chapter.
Whenever the full and correct advance financed reimbursement is due
and has not been paid and collected for any reason, the Manager shall
report to the Commission 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 Commission, by
motion, shall then set a public hearing and shall direct the Manager
to give notice of the hearing to each of those benefiting property
owners, together with a copy of the Manager's report concerning the
unpaid reimbursement, either in person or by certified mail. At the
public hearing, the Commission may accept, reject, or modify the Manager's
report; and if it finds that any reimbursement is unpaid and uncollected,
the Commission, by motion, may direct the City office to record the
unpaid and uncollected reimbursement in the County record of liens.
Upon completion of the recording, 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 Oregon Revised Statutes (ORS) Chapter 223.
D.
Whenever
an advance financed reimbursement is due and collectable, the benefiting
property owner may, as an option to paying the charge in full, apply
for payment installments in the manner provided for in ORS 223.205
through 223.295 using forms provided at the City office.
E.
Disposition
of Advance Financed Reimbursements. Developers shall receive advance-financed
reimbursements collected by the City pertaining to their respective
advance financed public improvements. Such reimbursement shall be
delivered to the developer for a period of 10 years from the date
of the applicable advance financing agreement has been executed. The
City will make such reimbursement 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 Commission.
F.
Recording.
All advance-financed resolutions shall be recorded by the City in
the deed records of Clatsop County. Such resolutions shall identify
full legal descriptions of the benefiting properties. Failure to make
such recordings shall not affect the legality of an advance financing
resolution or agreement.
G.
Public Improvements. Public improvements installed pursuant to advance financing agreements shall become and remain the sole property of the City pursuant to the advance financing agreements and advance financed reimbursement, not paid to the developer during the 10-year period, as set forth in subsection F of this section, shall be paid to the City to be used for related system improvements as authorized from time to time by the Commission.
H.
Multiple
Public Improvements. More than one public improvement may be the subject
of an advanced financing agreement or resolution.
(Ord. 1043-A § 10, 2000)
A.
Whenever
all or any part of the cost of public improvements is to be assessed
as the property benefited thereby, benefited property owned by the
City, County, School District, State and any political subdivision
thereof shall be assessed in the same manner as private property.
The amount of the assessment shall be paid by the City, School District,
County or State, as the case may be, provided that the cost of the
improvements are, in any given case of the type that may be bonded
under this chapter.
B.
In the
case of property owned by the State, the amount of the assessment
shall be certified by the Manager and filed with the Executive Department
of the State of Oregon as a claim for reference to the Legislative
Assembly in the manner provided by Oregon law unless funds for the
payment of the assessment have otherwise been provided by law.
(Ord. 1043-A § 11, 2000)
