1994-10494-Ordinance No. 94-017 Recorded 3/9/1994REVIEWED
LEGAkYQUNSEL
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Granting Low -Income * _�{
Housing Property Tax Exemption, N`�J0LL J+:.
Pursuant to Resolution No. 93-109 * F
and ORS 307.515 through
ORS 307.537 and Declaring an * 0128-1981Emergency.
94-10494
ORDINANCE NO. 94-017
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDAINS as follows:
Section 1. That the Application for property tax exemption
submitted by Deschutes Family Housing Limited Partnership, an Oregon
limited partnership, for a 20 -year property tax exemption commencing
July 1, 1994, for Lot One (1), HEALY MEADOWS, Deschutes County, Oregon,
is hereby approved.
Section 2. That the following information is set forth in this
Ordinance pursuant to ORS 307.527:
(a) Owner's Name and Address: Deschutes Family Housing
Limited Partnership, an Oregon limited partnership, 2303 SW First
Street, Redmond, Oregon 97756.
(b) Housing Unit Description: A 70 -unit low-income multi-
family housing project known as the Bill Healy Family Housing
Center.
(c) Legal Description of Property: Lot One (1), HEALY
MEADOWS, Deschutes County, Oregon.
(d) Conditions of Approval: Approval is conditioned upon
continued compliance with Applicant's application for exemption
and Exhibit A to Resolution No. 93-109.
Section 3. That the Notice of Grounds for Possible Termination,
attached hereto as Exhibit A, shall be provided to the Applicant and
the County Assessor, together with a copy of this Ordinance on or
before April 1, 1994.
1 - ORDINANCE NO. 94-017 (3/9/94)
1994
0128-1982
Section 4. This Ordinance being necessary for the immediate
preservation of the public peace, health and safety, an emergency is
declared to exist, and this Ordinance takes effect on its passage.
DATED this 9th day of March, 1994.
BOARD OF COUNTY COMMISSIONERS
OFzDESCHUTEP-.C-OUNTY, OREGON
PAE ISC)RLAITGEEN-,
ATTEST: VOM r2HROOP,DCommissioner
Recording Secretary BARRY H. SLAUGHTER, Commissioner
2 - ORDINANCE NO. 94-017 (3/9/94)
0128-1983
EXHIBIT A
NOTICE OF GROUNDS FOR POSSIBLE TERMINATION
OF LOW-INCOME HOUSING PROPERTY TAX EXEMPTION
A. The following are grounds for termination of the low-income
housing property tax exemption after the property owner has been given
notice and an opportunity to show cause why the exemption should not be
terminated:
(1) Construction of the housing unit is not completed within
two (2) years after approval of the application for exemption or
on or before July 1, 2000, whichever is earlier.
(2) Failure to comply with any provision of ORS 307.515 to
ORS 307.523.
(3) Violation of any provision of Exhibit A to Resolution
No. 93-109.
(4) Violation of any condition of approval set forth in the
Ordinance approving the property tax exemption.
If any of the grounds for termination exist, the County will give
notice of proposed termination by mailing notice to the last know
address of the owner and to the last known address of every known
lender with a security interest in the property. The notice shall
state the reasons for the proposed termination and require that the
owner appear at a specified time, not less than 20 days after mailing
the notice, to show cause, if any, why the exemption should not be
terminated. If the owner fails to appear and show cause why the
exemption should not be terminated, the County shall notify every know
lender, and allow any lender not less than 30 days after the date the
notice of the failure to appear and show cause is mailed to cure any
non-compliance, or to provide assurance adequate to the governing body
that all non-compliance shall be remedied. If the owner fails to
appear and show cause why the exemption should not be terminated, and
the lender fails to cure or give adequate assurance of the cure of any
non-compliance, the governing body shall adopt an ordinance or
resolution stating its findings terminating the exemption. A copy of
the ordinance or resolution shall be filed with the County Assessor,
and a copy shall be sent to the owner at the owner's last known address
and to the lender at the last known address of the lender within ten
(10) days after its adoption.
B. The exemption will be terminated, without notice, if a
"declaration," as defined in ORS 100.005, submitting the exempt
property to unit ownership (condominium) is presented to the County
Assessor or Tax Collector for approval under ORS 100.110.
If the exemption is terminated, either with or without notice, the
exemption shall terminate immediately, without right of notice or
1 - EXHIBIT A TO ORDINANCE NO. 94-017 (3/9/94)
0128-1984
appeal. Thereafter, the property shall be assessed and taxed as other
property similarly situated is assessed and taxed. In addition, there
shall be added to the general property tax roll for the tax year next
following termination, an amount equal to the difference between the
taxes assessed against the property and the taxes that would have been
assessed against the property had it not been exempt under ORS 307.515
to ORS 307.523 for each of the years, not to exceed the last ten (10)
years, during which the property was exempt from taxation under ORS
307.515 to ORS 307.523. The assessment and tax rolls shall show
potential additional tax liability for each property granted exemption
under ORS 307.515 to ORS 307.523.
2 - EXHIBIT A TO ORDINANCE NO. 94-017 (3/9/94)