Ordinance No. 77-37 4
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CITY OF TIGARD, OREGON
ORDINANCE No. 77-, 2_
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AN ORDINANCE AMENDING ORDINANCE No. 77-26 RELATING TO IMPOSITION OF A STREET t
AND TRAFFIC CONTROL SYSTEM DEVELOPMENT CHARGE BY INCLUDING CREDIT PROVISIONS
FOR PROPERTIES WHICH ARE REQUIRED TO SIGN A NON-REMONSTRANCE AGREEMENT FOR
A FUTURE STREET L.I.D. ON A COLLECTOR OR ARTERIAL FACILITY, FIXING AN
EFFECTIVE DATE AND DECLARING AN EMERGENCY.
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WHEREAS, as a condition of approval of development proposals, the City
of Tigard often requires the submission of a signed nona-remonstrance agreement
for future street L.I.D. 's on collector or arterial facilities; and
WHEREAS, the System Development Charge is designed to provide funds for
collector or arterial street improvements; and
WHEREAS, the imposition of the Systems Development Charge and a non-
remonstrance agreement for future collector or arterial facilities constitutes
a double charge for the same purpose; and
WHEREAS, the City of Tigard desires to eliminate an inequity that arises
due to the above described circumstances
NOW, THERFORE, BE IT ORDAINED BY THE TIGARD CITY COUNCIL THAT:
SECTION'—'I ! Section 5.3 of Ordinance No. 77-26 is hereby amended by the addition
of a new subsection C to read as follows:
C. In cases where the Planning Commission, Site Development
Plan and Architectural Review Board and/or Planning
Director determine that, as a condition of approval, it is
necessary to require the submission of a street L.I.D.
non-remonstrance agreement for future improvement of a
collector or arterial facility, the property shall receive
a credit against the final L.I.D. assessment, when levied,
in an amount equal to the amount of the Systems Development
Charge that was placed against the property at the time of
construction.
SECTION 2: Inasmuch as it is necessary for the peace, health and safety of the
people of the City of Tigard that the foregoing change become a
permanent part of the city's records, 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 , a h _ vote of all Council members present, after being read
three times by number and title only this g day of /�% `' , 1977.
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p / Recorder - City.of Tigr977
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APPROVED: By thefx this 9- day of /� , .
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Mayor - Mi of Tigard
nPnTNANCE No. 77- .3*7