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HomeMy WebLinkAboutOrdinance 1928ORDINANCE NO. AN ORDINANCE PERMITTING THE DEFERRAL OF SYSTEM DEVELOPMENT CHARGES ON SINGLE-FAMILY DWELLINGS BY AMENDING CHAPTER 11.12 OF THE CENTRAL POINT MUNICIPAL CODE AND. DECLARING AN EMERGENCY Recital: In order to stimulate and encourage the development of new single-family dwelling starts within the City of Central Point, payment of system development charges may be deferred at the request of the property owner until final building occupancy is requested. Note: Words kned thre are deleted and words underlined below are added to the Central Point Municipal Code. THE PEOPLE OF THE CITY OF CENTRAL POINT, OREGON, DO ORDAIN AS FOLLOWS: Section 1. Section 11.12.090 (A) of the Central Point Municipal Code is amended to read: 11.12.090 Collection of charge. A. Except as provided in section 11.12.095, the T4;e systems development charge is payable upon issuance of: 1. A building or construction permit of any kind, including any permit or permits issued in connection with the set-up or installation of any trailer, mobile or manufactured home; 2. A development permit; 3. A development permit for development not requiring the issuance of a building permit; 4. A permit to connect to the water system; 5. A permit to connect to the sanitary sewer system; 6. A permit to connect to the drainage and flood control system; or 7. A permit to connect to the transportation system. Section 2. Section 11.12.095 is added to the Central Point Municipal Code. 11.12.095. Deferral of Svstems Development Charge. Beginning on the effective date of this ordinance and ending on June 1, 2010, the systems development charge for a single-family dwelling may be deferred as provided in this section at the reauest of the property owner until final building inspection or expiration of building permit, whichever comes first. Ordinance No. (051409) A. Deferral Limitations. No person or legal entity shall own or have any interest in, in whole or in partin excess of six properties on which deferrals are pending at the same time B. Payment Upon Convevance. In the event that the real property on which the fees have been deferred pursuant to this section is sold or conveved, the charges deferred shall become immediately due and payable to the City. Sale or conveyance includes either actually selling, conveying or assigning any or all of the property or any or all of the owner's interest in property. C. Assessments. The owner shall be required to execute a request for and a consent to assessment of the amount of the fees or charges city administrator or designee. The city administrator or designee paid at final building inspection or expiration of building permit or if the property is sold or conveyed as described in subsection 11.12.095.6. Upon the entry and recordation being made the assessments shall constitute a lien upon the property which received the deferred charge. Section 3. Declaration of Emergency. The Council finds that deferral of system development charges as provided in section 2 of this ordinance is necessary for the immediate economic stimulation and encouragement of single-family dwellings within the City of Central Point and therefore an emergency exists and this Ordinance shall take effect upon adoption by the Council and approval by the Mayor. Passed by the City Council and signed by me in authentication of its passage this 1 yam` day of CY�aw , 2009. - Z -Z, Mayor Hank Williams A' City Representative Approved by me this ! day of, 2009. Mayor Hank Williams Ordinance No. a.T (051409) CITY OF CENTRAL POINT APPLICATION TO DEFER SDC CHARGES (SINGLE FAMILY ONLY) AND CONSENT TO ASSESS LIEN The undersigned owners of the property described below apply to the City of Central Point to defer payment of the system development charges (SDCs) of $ for the single-family dwelling to be constructed on this property. In making this request, the undersigned owners understand and agree: 1. The deferment expires upon final building inspection or expiration of building permit, whichever comes first, and the amount specified above becomes immediately due and payable without further notice from the City. 2. In the event that the real property on which the SDCs have been deferred is sold or conveyed, the charges shall become immediately due and payable to the City. Sale or conveyance includes either actually selling, conveying or assigning any or all of the property or any or all of the owner's interest in the property. 3. In the event that the SDCs are not paid when due, the owners consent to the voluntary imposition of a lien for the amount of the deferred SDCs upon the below described property in the City of Central Point, Jackson County, Oregon. If a lien is recorded, the owners agree to pay the fees associated with recording the lien and removal of the lien at Jackson County Deeds and Records. Description of property: Site address: , Central Point, Oregon 97502 Map and Tax Lot: SEE ATTACHED LEGAL PROPERTY DESCRIPTION Billing. Name and Address: The undersigned persons represent and agree: A. We are all of the legal owners of the described land or all of the contract purchasers of record of the described land to which these charges are applicable. B. We waive any and all irregularities or defects, jurisdictional, or otherwise, in any proceedings to impose, calculate and collect these charges, and in the imposition and collection of the lien consented to in this application. C. We promise to pay these charges when final building inspection is requested or upon expiration of building permit, whichever comes first, or at such time the real property is sold or conveyed, if such sale or conveyance occurs prior to final building inspection or building permit expiration. STATE OF OREGON County of Jackson ) The foregoing instrument was executed before me this day of My commission expires: Notary Public of Oregon Print Name of Owner Signature of Owner Date Phone # Print Name of Owner Signature of Owner Date Phone # Print Name of Owner Signature of Owner Date I Phone # Print Name of Owner Signature of Owner I Date I Phone # STATE OF OREGON County of Jackson ) The foregoing instrument was executed before me this day of My commission expires: Notary Public of Oregon