Section 1. Purpose. It is the purpose of this ordinance to propose formation of an economic improvement district in the Town Center area of Forest Grove pursuant to the provisions of Ordinance No. ________, establishing the procedures for formation of such a district. Formation of a district in the Town Center area was initiated by the Council by Resolution No. 2001-05, adopted January 22, 2001.
Section 2. Hearing. There shall be public hearings held on the question of establishment of the proposed economic improvement district, approval of an economic improvement plan for such district, and approval of the proposed assessment for such district. Such first public hearing shall occur on March 12, 2001. The City Manager shall give notice of such hearing as provided in Ordinance No. ___________
Section 3. Economic Improvement Plan. The proposed economic improvement plan, to be considered at the public hearing, is attached as Exhibit A.
Section 4. Establishment of the District. If, after hearing, the Council finds that the proposed economic improvements would afford special and peculiar benefits to subject parcels or persons conducting business within the proposed district, different in kind or degree from that afforded to the general public, and that the economic improvement district should be established and the plan adopted, then the Council will adopt a resolution stating those findings and establishing the district, determining the amount of assessments to be charged, the number of years the assessments and fees will be charged, the notice to be given of a second public hearing and its date, time and place. The Council shall also determine whether the property or businesses benefitted by the proposed economic improvements shall bear all or a portion of the costs thereof.
Section 5. Assessments. Following the hearing, and if the Council determines to proceed with formation of the district, the Council shall:
Section 6. Proposed Assessments. It is proposed that the property in the district area shall be assessed 1/4 of 1% of real market value of each tax lot within the district. Assessments for each tax lot are proposed to be capped at no more than $500 per lot.
Section 7. Duration of District. It is proposed that the district shall be in effect for three consecutive years, commencing July i, 2001, which may be renewed by the City Council by ordinance prior to termination and each two years following termination of the first effective period.
Section 8. Advisory Committee. The Council hereby establishes the Forest Grove Community Development Corporation as the advisory committee for the district.
Section 9. Disposition of Funds. It is proposed that:
Section 10. Classification of Assessments. The property assessments of this ordinance are not subject to the limits of Article XI, Section 1 l(b) of the Oregon Constitution. Within 15 days of the adoption of this ordinance, the City Manager shall cause to be published in a newspaper of general circulation within the city, a notice of adoption of this ordinance classifying the property assessments as incurred charges and not subject to the limits of Article XI, Section 1 l(b) of the Oregon Constitution referred to in this section. The notice shall:
PRESENTED AND PASSED the first reading this 12" day of February, 2001.
PASSED the second reading this 26" day of February, 2001.
/s/ Catherine L. Jansen, City Recorder
APPROVED by the Mayor this 26th day of February, 2001.
/s/ Richard G. Kidd, Mayor
(1) The Forest Grove Community Development Corporation is dedicated to improving the vitality and livability of the Forest Grove Town Center. To achieve this goal the Corporation is proposing the establishment of an economic improvement district to undertake the following:
(2) The Corporation estimates that the probable annual cost of the proposed economic improvements will be $35,000.
(3) The Corporation is proposing assessing commercial and industrial zoned properties that are specifically benefited by the economic improvements at 1/4 of 1% of the real market value of each tax lot within the district, excluding residential real property or any portion of a structure used for residential purposes. The Corporation is proposing further that assessment for each tax lot not exceed $500.00 and that property owned by nonprofit corporations be exempt from assessment.
(4) The Corporation proposes that the boundaries of the proposed economic improvement district be as shown on the tax lot map attached to this plan titled "Proposed Economic Improvement District Boundary".
(5) The Corporation proposes that the economic improvement district be established for a period of three years commencing July 1, 2001.
(6) The Corporation proposes that the property assessment for the proposed economic improvement district be a mandatory assessment providing that the proposed economic improvement district will not go forward should written objections be received at the second public hearing from owners of property upon which more than 33% of the total amount of assessments is levied. The Corporation understands that, if mandatory, the assessment may be considered a tax under the Oregon Constitution, Article XI Section i i (b) and may be reduced to fit within the property tax limitation thereby affecting the level and scope of services described.