CITY/COUNTY OF [CITY/COUNTY NAME]
ORDINANCE NO. [####]
AN ORDINANCE ESTABLISHING [PROJECT NAME] AS PART OF THE [JURISDICTION]’S MODERATE-INCOME REVOLVING LOAN (MIRL) PROGRAM, ENACTED THROUGH [ORDINANCE OR RESOLUTION] [####].
WHEREAS, on [DATE], the [JURISDICTION] adopted [ORDINANCE OR RESOLUTION] [####], attached hereto as Exhibit A, for the purposes of establishing a local MIRL Program;
WHEREAS, the [JURISDICTION] and Oregon Housing and Community Services (OHCS) have entered into a Loan Agreement, attached hereto as Exhibit B, pursuant to which OHCS will provide a Program Loan to the [JURISDICTION] for [PROJECT NAME], an Eligible Housing Project;
WHEREAS, the [JURISDICTION] and [DEVELOPER’S NAME] (the “Developer”) have entered into a Grant Agreement, attached hereto as Exhibit C, to provide MIRL Grant Funds for [PROJECT NAME];
WHEREAS, the [JURISDICTION] desires to provide MIRL Grant Funds to the Developer for [PROJECT NAME] in accordance with the Grant Agreement;
NOW, THEREFORE, [JURISDICTION] ORDAINS AS FOLLOWS:
SECTION 1: DEFINITIONS
For purposes of this Ordinance, the following definitions apply:
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Construction Costs: The hard and soft costs incurred during the development of housing which include, but are not limited to, labor, materials, construction contracts, land planning, engineering and architect fees, surveys, taxes and interest during construction. This can also include broadband internet wiring costs.
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Eligible Costs: The following costs associated with an Eligible Housing Project:
- Infrastructure Costs, including but not limited to system development charges;
- Predevelopment Costs;
- Construction Costs; and
- Land Write-Downs.
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Eligible Housing Project: A project that constructs new housing or converts a non-residential building into housing and that meets MIRL Program requirements as set forth in applicable statutes (including but not limited to SB 1537 (2024) and SB 48 (2025), as may be amended from time to time) and administrative rules (Oregon Administrative Rules chapter 813, division 410).
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Eligible Housing Project Property: The taxable real and personal property constituting the improvements of an Eligible Housing Project.
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Grant Agreement: A legally binding agreement between the [JURISDICTION] and a Developer that awards the Grant Funds and sets the terms and conditions of their use for an Eligible Housing Project.
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Grant Funds: The moneys that the [JURISDICTION] awards to a Developer via a Grant Agreement to develop an Eligible Housing Project.
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Infrastructure Costs: The fundamental facilities and systems required for residential buildings, including, but not limited to, water, electricity and sanitation. This also includes system development charges.
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Land Write-Down: A change in the value of the land due to Grant Program participation that is supported by an appraisal completed by a certified appraiser and not rejected by the County Tax Officer.
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Loan Agreement: The binding legal document between OHCS and [JURISDICTION] for a specific Eligible Housing Project that sets out the Loan Amount and terms of repayment.
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Predevelopment Costs: Includes, but is not limited to, site acquisition, architectural services, and Project consultants.
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Program Loan: A loan provided by OHCS to the [JURISDICTION] for the purpose of providing Grant Funds to a Developer for an Eligible Housing Project.
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[Other]
SECTION 2: ALLOCATES AND APPROVES MIRL FUNDING OF ELIGIBLE HOUSING PROJECT
The [JURISDICTION] hereby approves and allocates MIRL Grant Funds for [PROJECT NAME], an Eligible Housing Project that is intended to conform in all respects to MIRL Program requirements, including SB 1537 and SB 48, as may be amended from time to time; OAR chapter 813, division 410; and the local MIRL Program requirements as set forth in [LOCAL MIRL ORIGINATING ORDINANCE/RESOLUTION NO. ####]. The [JURISDICTION] shall provide Grant Funds to the Developer for this Eligible Housing Project using funds obtained through a Program Loan from OHCS. The Grant Funds have been awarded in response to the housing needs of the community of [JURISDICTION].
SECTION 3: DESCRIPTION OF THE ELIGIBLE HOUSING PROJECT
Grant Funds are allocated to the Developer for the Eligible Housing Project [IN ACCORDANCE WITH EXHIBIT C]
SECTION 4: AMOUNT AND TERMS OF PROJECT GRANT
The Grant Funds allocated to the Developer for [PROJECT NAME] shall be in the amount of $[XXXXXX].
The Eligible Housing Project and the Developer shall follow all terms of SB 1537; SB 48; OAR chapter 813, division 410; any other applicable local, state, and federal laws; and Exhibits A, B, and C to this Ordinance.
SECTION 5: TAX EXEMPTION
The Eligible Housing Project Property is exempt from property taxation in accordance with Section 30 of SB 1537. The [JURISDICTION] shall forward a copy of this Ordinance, including all exhibits, to the County Tax Assessor’s Office, and shall request that the County Tax Assessor’s Office exempt the Eligible Housing Project Property from property taxes in accordance with Section 30 of SB 1537.
SECTION 6: AGREEMENTS WITH OHCS
In adopting this Ordinance, [JURISDICTION] will uphold the terms and conditions agreed upon in the Loan Agreement with OHCS.
SECTION 7: SEVERABILITY
If any provision of this Ordinance is found to be invalid, the remaining provisions shall continue in full force and effect.
SECTION 8: EFFECTIVE DATE
This Ordinance shall take effect immediately upon adoption.
SECTION 9: EXHIBITS
The following exhibits are attached to this Ordinance and incorporated herein by reference:
Exhibit A: Originating [ORDINANCE OR RESOLUTION], [ORDINANCE OR RESOLUTION] [####]
Exhibit B: Loan Agreement
Exhibit C: Grant Agreement
PASSED AND ADOPTED by the [JURISDICTION] this ___ day of ____, 20__.
[Mayor’s Name], Mayor
ATTEST:
[City Recorder’s Name], City Recorder