HomeMy WebLinkAboutOrdinance No. 20068ORDINANCE NO. 200G8
AN ORDINANCE CONCERNING DEFERRAL OF ASSESSMENTS ;
AMENDING SECTIONS 7.197 AND 7.205 OF THE EUGENE CODE,
1971; AND DECLARING AN EFFECTI vE DATE .
THE CITY OF EUGENE DOES ORDAIN AS FDLLOI~S:
Section 1. Section 7.197 of the Eugene Code, 1971, is amended b addin
y 9
a new Subsection (7) thereto, to provide:
7.197 Local Improvements -Deferral of Assessment Payment -Eligibility
Based on Delay of Benefit.
X77 ~a ~ Col 1 ecti on of a street construction assessment may be
deferred if;
1. A fundi ng source i s avai 1 abl e from a publ i s entity
or any other source approved by the counci 1 at the time the
project i s initiated that wi 11 provide the city with
sufficient funds to ensure no initial cost to the city or
affected property owners for the construction;
2 . The counci 1 finds .that the deferra 1 i s cans i stent
with counci 1 goals and of i ci es , and otherwise i s i n the
p
public interest; and
3 , The rea 1 property i s 1 orated inside the Urban
Growth Boundary, is capable of being divided into four ar mare
developable 1 ots , i s not part of a phased development , and
consists of a vacant ar partially developed parcel with over
200 feet of street frontage.
tb} A deferral under this subsection steal 1 terminate:
1. Upon the sale of the property or transfer of
ownership, except sales or transfers between persons related
by blood , marriage, or adoption ;
2 . Upon initiation of subdivision platting of the
real property; or
3 . Upon issuance of a bui 1 ding permit that woul d
intensify the 1 evel of use of the property .
Upon termination of the deferral , the owner of the real property
steal 1 thereupon be required to pay the assessment accardi ng to the
terms i n the on gi na 1 assessment ordinance .
~c} Notwithstanding a deferral granted under thi s
subsection, the owner of any real property affected by the deferral
may elect to pay the assessment at the time i t i s 1 evi ed , i n the
manner provided i n section 7 ,190 of this code .
ordinance - 1
(d) Following full payment of the assessment, the public
entity or other source providing the temporary funds for
construction of the improvement shall be reimbursed the amount it
had provided.
Section 2 , Section 7.205 of the Eugene Code , 1971, i s amended by adding
a new Subsection (4) thereto, to provide:
7.205 Local Im rovements -Interest on Assessment Pa vents Deferred
Modified or Extended.
(4) An assessment deferred under subsection 7.197(7) shall accrue
interest from the date it is levied until the deferral ends at a variable rate
to be adjusted annually to reflect the city's costs in providing the funding
source. When the deferral ends, payment of the assessment and accrued interest
shall be made as provided in section 7.190.
Secti an 3 . The City Recorder , at the request of , or with the concurrence
of the City Attorney, i s authorized to administratively correct any reference
errors contained herein or i n other provisions of the Eugene Code, 1971, to the
provisions added, amended or repealed herein ,
Section 4. In accordance with the provisions of Sections 38 and 39 of the
Eugene Charter of 1976, this Ordinance shal 1 become effective si x months from its
passage by the City Counci 1 and approval by the Mayor, retention by the Mayor for
more than ten days, or readoption aver a Mayoral veto by two-thirds of all
members of the City Counci 1.
Passed by the City Counci 1 thi s
28th day of October , 1996
a ~~
City Recorder
Approved by the Mayor this
28th day of October , 1996
.~
Mayor
Ordinance - 2