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Item A: Adoption of Ordinance on Low-Income Housing and Adoption of Resolution 5028 on Standards for Low-Income Housing Applications
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Item A: Adoption of Ordinance on Low-Income Housing and Adoption of Resolution 5028 on Standards for Low-Income Housing Applications
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Agenda Item Summary
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4/13/2011
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<br />Section 3. <br /> Subsections (2)(h), (3)(c) and (3)(d) of Section 2.939 of the Eugene Code, 1971, are <br />amended to provide: <br />2.939 Low-Income Rental Housing Property Tax Exemption - Review, Approval or Denial <br />of Application. <br />(2) <br /> Upon receipt of the city manager's recommendation the council shall consider the <br />application and grant or deny the property tax exemption. The city manager shall <br />recommend approval of an application, and the council shall grant the exemption <br />upon determining satisfactory compliance with or mitigation of the following criteria: <br />(h) The proposed development does not cause destruction of historic properties (as <br />defined in section [9.202] 9.0500 of this code), except: <br />1. Where development has proceeded according to historic property moving <br />and demolition procedures as set forth in sections [9.212] 9.8160, 9.8180 <br />and 9.8185 of this code, or <br />2. The property is granted an exception by the council; and, <br />(3) <br /> As an alternative to an application considered under subsection (2) of this section, <br />the city manager shall recommend approval of an application, and the council shall <br />grant the exemption upon determining the applicant meets the criteria set forth in <br />subsections (2)(e), (f), (g), (h) and (i) of this section and all the following criteria: <br />(c) The applicant’s application was filed prior to January 1, [2010]2020; <br />(d) The property is owned or being purchased by a nonprofit corporation organized <br />in a manner that meets the criteria for a public benefit corporation, as described <br />under ORS 65.001([31]37) or for a religious corporation, as described under <br />ORS 65.001([33]39); and <br /> <br /> <br />Section 4. <br /> Subsections (1)(a), (4) and (5) of Section 2.940 of the Eugene Code, 1971, are amended to <br />provide: <br />2.940 Low-Income Rental Housing Property Tax Exemption - Termination. <br /> <br />(1) <br /> If after a resolution approving an application for exemption hereunder has been filed <br />with the county assessor the city manager finds that: <br />(a) Construction or development of the exempt property differs from the <br />construction or development described in the application for exemption, or was <br />not completed or on or before January 1, [2010]2020, and no extensions or <br />exceptions as provided in subsection (4) hereof have been granted; or, <br />(4) <br /> Upon receipt of a request from the property owner, the council may, by resolution, <br />extend the deadline beyond January 1,[ 2010]2020 for completion of construction of <br />the low-income rental housing for a period not to exceed 12 consecutive months, i.e., <br />January 1, [2011]2021, if it finds the failure to complete construction by January 1, <br />[2010]2020 was due to circumstances beyond the control of the owner, and that the <br />owner had been and could reasonably be expected to act in good faith and with due <br />diligence. If property granted an exemption hereunder is subsequently destroyed by <br />fire or act of God, or is no longer capable of owner-occupancy due to circumstances <br />beyond the control of the owner, the exemption shall cease, but no additional taxes <br /> <br /> <br />
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