HomeMy WebLinkAboutResolution 09-02 01/20/2009
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RESOLUTION
No. 09-02
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD TO STIMULATE
AND ENCOURAGE THE DEVELOPMENT AND REDEVELOPMENT OF SINGLE FAMILY OR DUPLEX
RESIDENTIAL HOUSING STARTS, TEMPORARILY AMENDING RESOLUTION NO. 08-27, THE
AMENDED MASTER SCHEDULE OF MISCELLANEOUS FEES AND CHARGES, RATES, PERMITS,
AND LICENSES ADOPTED THE 1ST DAY OF JULY, 2008, PROVIDING FOR DEFERRAL OF FEES
AND CHARGES AT THE REQUEST OF THE PROPER1Y OWNER FOR HOUSING STARTS DURING
THE PERIOD OF TIME FROM THE EFFECTIVE DATE OF THIS RESOLUTION THROUGH
OCTOBER 15, 2009, PROVIDING DEFERRAL LIMITATIONS, PROVIDING FOR THE PAYMENT OF
DEFERRED FEES UPON THE TRANSFER OF OWNERSHIP OF SUCH PROPERTIES, AND
PROVIDING AN ASSESSMENT FOR A DEFERRED CHARGE OR FEE.
WHEREAS, the City of Springfield has authority pursuant to Section 4 of the 2001 Springfield
Charter and Oregon Revised Statutes to establish fees and charges based on costs for specific
services rendered; and
WHEREAS, the Council has adopted a Resolution, No. 08-27, establishing fees and charges
based on costs for specific services rendered; and
WHEREAS, said fees and charges, rates, permits and licenses include "Development Code
Application Fees" which are specifically delineated on Exhibit 1 to Resolution No. 08-27 on page
14 of 16 of the City of Springfield Master Schedule of Miscellaneous Fees and Charges, Rates,
Permits, and Licenses; and
WHEREAS, the City is experiencing extraordinary difficult economic times in which there are
fewer new single family or duplex residential housing starts.
WHEREAS, in order to stimulate and encourage the development and redevelopment of
appropriately serviced land for new single family or duplex residential housing starts within
Springfield's planning and building jurisdiction, payment to City of the "Plan Review
Modification-Major" and "Plan Review Modification-Minor" Plan Review Fees set forth under the
list of Application Types on page 14 of 16 of the Resolution No. 08-27 may, at the request of
the property owner, be deferred for new single family or duplex residential construction until
final bUilding occupancy is requested. Such deferral shall be in force and effect from the
effective date of this Resolution through October 15, 2009. On October 16, 2009, the deferral
provided by this Resolution shall lapse and be of no further force and effect.
NOW THEREFORE, be it resolved by the Common Council of the City of Springfield as follows:
1. Deferral. Payment of Development Code Application Fees for new single family
or duplex residential Plan Review-Major and Residential Plan Review-Minor set forth on page 14
of 16 of Exhibit 1 to Resolution No. 08-27 may be deferred at the request of the property owner
until final building occupancy is requested.
2. Deferral Limitations. No person or legal entity shall own or have any interest in,
in whole or in part, in excess of six real properties on which deferrals are pending at the same
time. The decision of the Development Services Director on the applicability of this limitation
shall be final.
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3. Payment Upon Conveyance. In the event that the real property on which the
fees have been deferred pursuant to this Ordinance is sold or conveyed, the fees or charges
deferred shall become immediately due and payable to the City of Springfield. 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.
4. Assessments. The owner shall be required to execute a request for and a
consent to assessment of the amount of the fees or charges deferred on each real property for
which a deferral is requested. The request and consent shall be made on a form prepared by
the City Finance Officer who, upon receipt, shall enter the assessment in the docket of City
Liens and record it in Lane County Deeds and Records. Upon the entry and recordation being
made, the assessments shall constitute a lien upon the property which received the deferred
charge or fee.
5. Beginnino/End Date. This Resolution and the deferral set forth herein shall be in
full force and effect from the effective date through October 15, 2009, and unless extended by
Resolution of the Council, on October 16, 2009 shall lapse and be of no further force and effect.
6. Future Amendment. Future resolutions of the Common Council may be adopted
to amend, add, or delete any rate, permit, license or other fee or charge or to defer such fee or
charge.
7. Severability. In the event any deferral as specified in this Resolution shall be
held invalid by operation of law or any court of competent jurisdiction or the enforcement of
any fee restrained by such court pending a final determination as to its validity, the remainder
of the rates, permits and licenses fees and other fees and charges of the City of Springfield
Master Schedule of Miscellaneous Fees and Charges, Rates, Permits and Licenses, Resolution
No. 08-27 shall not be affected thereby and shall remain in full force and effect.
8. Effective Date. This Resolution shall take effect upon adoption by the Council
and approval by the Mayor.
This Resolution adopted by the Common Council of the City of Springfield this 20th day of
January, 2009, by a vote of 5 for and 0 against. (1 Absent)
APPROVED by the Mayor of the City of Springfield this 20th day of January, 2009.
Attest:
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RESOLUTION NO. 09-02