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Ordinance No. 17-21 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 17- 21 AN ORDINANCE TO AMEND MUNICIPAL CODE CHAPTERS 2.64 AND 3.28 TO REFLECT CHANGE OF URBAN RENEWAL AGENCY NAME TO TOWN CENTER DEVELOPMENT AGENCY WHEREAS, the recent voter approval of the Tigard Triangle Urban Renewal Plan has resulted in the need to change the name of Tigard's urban renewal agency from City Center Development Agency to Town Center Development Agency to reflect the new geographic location of the urban renewal area;and WHEREAS,sections of the Municipal Code need to be updated to reflect this. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Sections 2.64 and 3.28 of the Tigard Municipal Code are hereby amended as provided in Exhibit A (additional language underlined and deleted language*ieken). SECTION 2: If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application,and to this end the provisions of this ordinance are severable.The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. SECTION 3: Any references to"City Center Development Agency"in contracts,intergovernmental agreements,or other documents are now references to"Town Center Development Agency." SECTION 4: This ordinance shall be effective 30 days after its passage by the council, signature by the mayor,and posting by the city recorder. PASSED: By LAAjftjA&A vote of all council members present after being read by number and title only, this -day of ,2017. Kelly Burgoyne,Deputy City Recorder APPROVED: By Tigard City Council this 5*13' day of 10e� ,2017. Joh . Cook,Mayor ORDINANCE No. 17-2 Page 1 Approved as to form: — w xf City Attome Date ORDINANCE No. 17- 2 Page 2 Exhibit A TIGARD MUNICIPAL CODE Chapter 2.64 CITVTOWN CENTER including,but not limited to,the power of eminent DEVELOPMENT AGENCY. domain. The powers conferred to this agency by ORS Chapter 457 are in addition and Sections: supplemental to the powers conferred by any other law. (Ord. 89-05 §4, 1989). 2.64.010 Need Declared. 2.64.020 Title. 2.64.050 Limitation On Action. 2.64.030 Membership. 2.64.040 Powers. Any act of the C-4y—Town Center 2.64.050 Limitation On Action. Development Agency shall be considered the act 2.64.060 Rules Of Procedures. of the Urban Renewal Agency only and shall not 2.64.070 Advisory Commission be considered an act of the City Council, even Established. though membership of both are identical. The C--ty Town Center Development Agency shall not 2.64.010 Need Declared. exercise any power which, by Charter, requires voter approval. (Ord. 89-05 §5, 1989). Pursuant to ORS 457.035, the City Council declares that blighted areas now exist in the City 2.64.060 Rules Of Procedures. and that there is currently a need for an Urban Renewal Agency to function in the City. (Ord. 89- 1. The Agency shall serve with integrity, 05 §1, 1989). perform the duties of the position and obey the laws of the federal, state and local governments. 2.64.020 Title. This is required to protect the public's confidence in the integrity of their local government's fair The Urban Renewal Agency created by this and effective operation. chapter shall be known as the C4tt­Town Center Development Agency. (Ord. 89-05 §2, 1989). 2. Council Groundrules will govern proceedings of the Agency where they do not 2.64.030 Membership. conflict with these rules or statutory provisions. The C4y-Town Center Development Agency 3. A violation of the Council Groundrules shall be comprised of members of the City shall not be considered a basis for challenging the Council as it lawfully exists from time to time. validity of any Agency decision. Any change in membership of the City Council shall automatically, and without need for further 4. An Agency member may be subject to a legislative action, constitute an identical change in Council Resolution of Censure for misconduct, the membership of the City Town Center nonperformance of duty and failure to obey the Development Agency. (Ord. 89-05 §3, 1989). laws of the federal, state and local governments. Misconduct includes not honoring the provisions 2.64.040 Powers. of the Council Groundrules. Subject to the limitations imposed by Section 5. Early recognition of the questioned 2.64.050, the C4y-Town Center Development conduct is encouraged. Progressive counsel may Agency shall have authority to exercise all powers occur with the Agency member but is not required available to the Agency under ORS Chapter 457, 2-64-1 Code Update: 1/11 TIGARD MUNICIPAL CODE prior to passage of a Resolution of Censure. (Ord. 10-16 §3 (Exh. A), 2010). 2.64.070 Advisory Commission Established. The Town Center Advisory Commission is established. The Commission shall be comprised of u2 to fifteen members appointed by the City Council. The purpose of the Commission is to assist in implementation of the City Center- DevelepmeRt the city's duly enacted urban renewal plan(s), to make recommendations to the Qt-,—Town Center Development Agency and to help inform Tigard's citizens of the content and activities of urban renewal plans''-seefftew and aetivities. (Ord. 10-16 §3 (Exh.A),2010;Ord. 89-05 §6, 1989). ■ 2-64-2 Code Update: 1111 Exhibit A TIGARD MUNICIPAL CODE Chapter 3.28 TIGARD URBAN RENEWAL necessary or convenient in accordance with AGENCY FUND. prescribed procedures to account for all funds received and all obligations and expenditures Sections: there against as part of the City's fiscal records, thus to maintain currently at all times proper 3.28.010 Establishment. records of accountability thereof as required by 3.28.020 Deposits. law. (Ord. 82-83 §4, 1982).■ 3.28.030 Expenditures. 3.28.040 Records. 3.28.010 Establishment. Finding that ORS 457.440 requires a special revenue fund be created to be used to pay the principal and interest on indebtedness incurred by the Agency to finance or refinance the carrying out of the urban renewal plans, the Tigard City Council establishes a special revenue fund of the City of Tigard designated "Tigard Urban Renewal Agency Fund," which short title shall be "TURA Fund."(Ord. 82-83 §1, 1982). 3.28.020 Deposits. The Tigard City Council further finds that all payments as and when received by the City under ORS 457.420 through 457.450 shall be separately maintained and deposited in the Tigard Urban Renewal Agency Fund together with any increments thereto or interest thereon. (Ord. 82-83 §2, 1982). 3.28.030 Expenditures. Obligations against or expenditures from the fund shall conform to the ptifpese as stated in the Tigard Downtown Revitalization the city's duly enacted urban renewal plan(s) and as re.�rieWd byORS Chapter 457. (Ord. 82-83 §3, 1982). 3.28.040 Records. The Finance Director is authorized and directed to establish all accounting records 3-28-1 SE Update: 12101