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HomeMy WebLinkAboutResolution 09-02 01/20/2009 .~ / 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. - I ,- ,. 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: AmY~~er [;)r:~q.,,"r"~lLIRi ~ tlP5l h~t:l.tL~V:K.t)J (~t'w~lf{I@~[~ A~~~~ ~ g"~ TIS; --1~I-L")-Lo~= OffICE Of CITY AffOFlN~Y N:\City\RESOLUTI\Resolution Amending Amended Master Schedule.Doc>< RESOLUTION NO. 09-02