Ordinance No. 69-73 C
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CITY OF TIGARD, OREGON
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AN ORDINANCE REQUIRING DEPOSIT WITH THE CITY OF TIGARD OF
FUNDS ESTIMATED TO BE SUFFICIENT TO COVER THE COSTS OF ELECTRICAL
ENERGY AND MAINTENANCE. OF FACILITIES FOR LIGHTING THE PUBLIC WAYS
IN NEW SUBDIVISIONS FOR A PERIOD NOT EXCEEDING TWO YEARS; PRESCRIB-
ING METHODS OF ACCOUNTING AND EXPENDITURE OF SUCH TRUST DEPOSITS, AND '
DECLARING AN EP4}.ERGENCY.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section l: That in order to defray the actual costs of electrical
energy and maintenance of street lighting facilities
installed incident to the developrment of new residential subdivisions
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in the City of Tigard and to assure the availability of .funds therefor,
each owner, subdivider, developer or other party required by the
SUBDIVISION ORDINANCE OF THE CITY OF TIGARD to install street lighting
facilities in new subdivisions, shall pay to the City Recorder at the
time of approval of the subdivision plat by the City Planning Com-
mission for recording, a sum estimated by the Planning Commission to
k' be sufficient to cover the cost of maintenance and energizing of
: such lighting facilitiee for the period beginning with the date that
any such lighting facilities are energized and ending twenty-four
f` (24) calendar months later.
Section 2: That there is hereby established a special trust account
on the City's records to be entitled "Subdivision Light-
' inR Trust Fund" which shall be credited with all deposits of funds
rieceived purtsuant to Section l hereof. individually identified as to
each subdivision and contributor. The City Recorder shall further
causeto have said funds deposited in an entrusted account at an
authorized banking institution within the City of Tigard and to keep
and maintain the same for the purposes herein defined.
That the accounting procedures with respect to said en-
trusted funds shall conform to those usual and customary as estab-
lished for the City's regular accounts.
In connection with preparation of annual budget estimates
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for the City, the provisions of §294.361(3) ORS and all other appli-
cable provisions of §5294.305 et seq ORS (Local Budget Law) shall =-e
F followed.
Section_ : That there shall be charged against each subdivision
deposit and paid therefrom, all expenses howsoever arcs-
Ing for the maintenance and repair of street lighting facilities
within the applicable subdivision for which purpose said deposit was
made, and there shall be further paid therefrom and charged there-
against, a,l). costs of energizing said facilities for the period for
which the deposit was made as hereinabovesetforth.
Section 4: If within the period of 24 months the funds deposited
pursuant to the provisions hereof shall become fully or
partially depleted to the 'degree insufficient amount remains available
- tc cover the coritinued costs during the balance of the 24-montr: period,
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the City Recorder shall notify the developer or contributor of such
fact and request replenishment in a sum estimated to be sufficient
to cover the balance of the period. In like manner, if at the
expira-tion of the period for which said funds were deposited there shall
remain any unexpended overplus, are same shall be repaid to the source
from whom obtained.
The contri.butor shall be entitled to a statement of
account and a showing of the app i^ation of the funds deposited in
accordance with the provisions hereof.
Section 5: Inasmuch as there are no funds available in the City's
budget wherewith to provide for the expenditures set
forth in this ordinance incident to the occupancy of residential im-
provements constructed within approved subdivisions in the City of
Tigard, it is necessary for the peace, health and safety of the people
of the City of Tigard that provision be made for the maintenance and
energizing of street lights within said subdivisions, and an emergency
is hereby declared to exist and this ordinance shall be effective
upon its passage by the Council and approval by the Mayor.
PASSED: By unanimous vote of all Council members present, after
being read three t-ii::es by number and title 3nly,
This qday of 1969.
Recarder - C ty of gard
APPROVED: By the Mayor, this �ZZday of 1969.
ayor - Ci of Tig d
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