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Ordinance No. 24-14 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 24- l 1 AN ORDINANCE AMENDING TIGARD MUNICIPAL CODE 2.04 REGARDING THE CITY MANAGER AND DECLARING AN EMERGENCY WHEREAS, on October 22, 2024, Council approved the repeal and replacement of Tigard Municipal Code Chapter 2.04,regarding the duties and authorities of the City Manager;and WHEREAS,the previous version of the code delegated authority to the City Manager to effectuate the acquisition of real property without additional City Council action if the acquisition was consistent with an approved resolution of necessity;and WHEREAS,the omission of that provision from the amended code was an oversight that creates challenges on large capital improvement projects where numerous property interests are being acquired pursuant to Council's authorization with a resolution of necessity;and WHEREAS, an emergency is requested in order to prevent potential delays to pending property acquisitions needed to meet tight project timelines. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Municipal Code Section 2.04.040.A.5 is hereby amended as follows (deleted text in sthltetitretigh and additions underlined): 5. Approve the acquisition of real property, or an interest in real property such as an easement,if the property or interest in the property_ 4 the property or interest in the property is acquired by the City through the private development approval process; b) the acquisition is authorized by a resolution of necessity; c).if the compensation paid by the City for the acquisition is less than$25,000; or if the property is donated to the City. Dedication of property for public right-of-way is not considered an acquisition by the City for purposes of this section and may be accepted by the City Manager. SECTION 2: If any provision of this ordinance or the application thereof to any person or circumstances is held invalid,such invalidity will 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. This 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: An emergency is declared as it is necessary to become effective for the peace, health, and safety of the City;therefore,this ordinance shall take effect immediately upon passage. ORDINANCE No. 24-I y Page 1 PASSED: By U Iar1 I vvunkr vote of all council members present after being read by number and title only,this I/qday of Nd VC of hCr- ,2024. Jesse B. Raymundo,Deputy City Recorder h APPROVED: By Tigard City Council this 'qday of A/a vec/K b-e t-- ,2024. L Heidi Lueb,Mayor Approved as to form: '' City Attorney 11 11q I a.00-(i Date ORDINANCE No. 24-1 4 Page 2