ORDINANCE No. 177211

* Assess property for system development charge contracts and private plumbing loan contracts (Ordinance; Z0741, K0051, T0067, K0053, T0068, P0063)

The City of Portland ordains:

Section 1. The Council finds:

1.  ORS 223.207 and 223.208 provide that the rights and duties accorded the City and property owners by the laws related to assessment and financing local improvement districts shall also apply to system development charges imposed by the City as defined by ORS 223.208.

2.  Chapters 17.13, 17.14 and 17.15 of the Code of the City of Portland provide procedures for complying with these statutory provisions.

3.  The City Auditor has on file signed installment payment contracts for bond financing of system development charges. As required by the above-mentioned statutes and Code provisions, each payment contract contains the amount of the system development charge to be financed, the financing fee charged by the Auditor's Office, the legal description of the benefited property, financing terms and conditions, and the signature(s) of the property owners.

a.  Exhibit A is the assessment roll of the installment payment contracts to finance system development charges. The contracts include system development charges totaling $595,276.11, and financing charges of $4,276.85, which are used to pay for assessing, processing and financing the liens. Each assessment amount on the roll reflects the system development charge and the financing cost. The financed system development charge contracts total $599,552.96.

4.  The City Auditor has on file signed deferral contracts for payment collection of deferred system development charges. As required by the above-mentioned statutes and Code provisions, each deferral contract contains the amount of the system development charge, the legal description of the benefited property, deferral terms and conditions, and the signature(s) of the property owners.

a.  Exhibit B is the assessment roll of the deferral contracts to defer system development charges. The deferred system development charge contracts total $376,811.22.

5.  On March 3, 1993, the Council adopted Ordinance No. 166291, establishing the Private Plumbing Loan program to expand private plumbing options available to eligible property owners with incomes that exceed 80% of the regional median income.

6.  The City Auditor has on file signed private plumbing contracts form qualified property owners who wish to participate in the program. As required by the above-mentioned statutes and Code provisions, each deferral contract contains the amount of the private plumbing charge, the loan origination fee, the financing fee, the legal description of the benefited property, financing terms and conditions, and the signature(s) of the property owners.

a.  Exhibit C is the assessment roll of the private plumbing contracts. The contracts include sewer connection charges totaling $12,160.00, financing charges of $ 200.00, and loan origination fees of $ 200.00 which are used to pay for the cost of assessing and processing the liens. Each assessment amount on the roll reflects the sewer connection charge and the financing costs. The private plumbing contracts total $12,560.00

7.  The combined total of the system development charge installment contracts, system development charge deferral contracts and private plumbing contracts to be assessed by this Ordinance is $988,924.18.

NOW, THEREFORE, the Council directs:

a.  The City Council hereby approves and assesses system development charges and financing fees on benefited property as described in Exhibit A, deferred system development charges as described in Exhibit B, and private plumbing charges as described in Exhibit C (attached to original Ordinance only).

b.  The City Auditor shall enter these assessments into the Docket of City Liens. The assessments represent liens on benefited property for financed system development charges with their financing fees, and deferred system development charges.

Section 2. The Council declares an emergency exists because of the necessity of expediting installment payments into the Auditor’s office and reducing costs; therefore, this Ordinance shall be in force and effect from and after its passage by Council.

Passed by the Council: JAN 22 2003        GARY BLACKMER

Auditor of the City of Portland

Prepared by:              By /S/ Susan Parsons

Diane Betcher:ss

January 15 2003

Deputy

BACKING SHEET INFORMATION

AGENDA NO. 58-2003

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 177211