Ordinance No. 04-12 ;I
CITY OF TIGARD
ORDINANCE 140. 04
AN ORDINANCE PROVIDING A PROCESS FOR CONSIDERATION OF WRITTEN
DEMANDS FOR COMPENSATION UNDER 2004 BALLOT MEASURE 37,
ADDING ANEW CHAPTER 1.20 TO THE TIGARD MUNICIPAL CODE, AND
DECLARING AN EMERGENCY.
WHEREAS, the City has developed a sound system of land use planning, which includes
regulations that in some cases restrict the uses that can be made of property; and
WHEREAS, the restrictions on use of property have both served the public interest and
increased property values by allowing the City to develop a harmonious way avoiding
incompatible uses and assuring appropriate development; and
WHEREAS, the voters of the state adopted Ballot Measure 37 in the November 2004
election adding new sections to ORS Chapter 197,which provide that local governments
may pay compensation to property owners for reductions in property values resulting
from land use regulations that restrict uses of the property or may waive restrictions as an
alternative to paying compensation; and
WHEREAS, some property owners may believe that existing or future land use
regulations as applied to their property both restrict use of the property and reduce the
fair market value of the property and consequently may bring claims under Measure 37;
and
WHEREAS, Ballot Measure 37 explicitly allows local governments to develop
procedures for assessing claims made under Measure 37; and
WHEREAS, it is appropriate for the City to provide a Measure 37 claims procedure;
now,therefore;
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1. The Tigard Municipal Code is amended by repealing the existing Chapter
1.20 and replacing it with a new Chapter 1.20 in the form of Exhibit A
attached hereto and incorporated by this reference.
Section 2. Because this ordinance is necessary for the preservation of the health,
safety and welfare of the City and is needed to provide a process for
claims by December 2, 2004, an emergency is declared to exist and this
ordinance shall be in full force and erect on December 2, 2004.
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PASSED: By vote of all Council members present after being
read by number and title only, this Q3r.,rVday of NbVp�„kav!2004.
eats , City Recorder
Q,n m�G4�r rn r Dap` I
APPROVED: By Tigard City Council this &?0( day of !UU 2004.
Craig ksen, Mayor
Ap rovedas to f rm:
ity Attorney
16Z)VIM hr 2 31 C9 00
Date
i
November 23, 2004
Ordinance 04-12 was adopted WITHOUT Exhibit A on November 23, 2004.
Council directed that Exhibit A to Ordinance 04-12 be revised. After the City Attorney
makes changes to Exhibit A, it will brought back
for ratification at a December Council
meeting, and added to Ordinance 04-12.
Jane McGarvin
Deputy City Recorder
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