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Ordinance No. 81-91 CITY OF TIGARD, OREGON ORDINANCE NO. Bl- q) AN ORDINANCE ESTABLISHING THE TIGARD URBAN RENEWAL AGENCY BY ADDING A NEW TITLE, TITLE 19, TO THE TIGARD MUNICIPAL• CODE. WHEREAS, the City Council finds that blighted areas exist within the City Tigard, and WHEREAS, the Oregon Revised Statutes Chapter 457 creates in each municipality a public body corporate and politic to be known as the "urban renewal agency" of the municipality, and WHEREAS, the Oregon Revised Statutes Chapter 457 further Provide that the aaency may not exercise its powers until and unless the governing body of the municipality, by nonemergency ordinance, declares that blighted areas exist in the municipality and that there is a need for an agency to function in the muni- cipality and elects to have the powers exercised pursuant to ORS Chapter 457, NOW, THEREFORE, the City of Tigard does ordain as follows: Section 1: Title 19 is added to the Tigard Municipal Code and provides the establishment of the Tigard Urban Renewal Agency as follows: TITLE 19 f TIGARD URBAN RENEWAL AGENCY j { Chapters: 19.04 The Agenn 19.08 Powers and Duties 19.12 Urban Renewal Plan Adoption 19.16 Subcommittees and Citizen Advisory Committees 19.20 Agency Staff 19.24 Severability Chapter 19.04 THE AGENCY Sections: 19.04.005 Policy and Purposes 19.04.010 Definitions 19.04.020 Urban Renewal Agency 19,04,030 Membership 19.04.040 Terms of Office 19.04.050 Vacancies and Removal 19.04.060 Officers 19.04.070 By-Laws : 19.04.080 Quorum and Voting 19.04.090 Disclosure 19.04.100 Meetings, Notices 19.04.005 Policy and }purposes. The City of Tigard City Council finds and declares as follows: (A) That blighted areas exist within the incorporated areas of the city. (B) That there is a need for an Urban Renewal Agency, a public body corporate and politic, to function in the city; and the Agency shall focus on the following activities, among others, in carrying out urban renewal projects, pursuant to state law, the City Charter, and this title: (1) Maintenance and improvement of viable commercial business areas including support for small local businesses. -(2) Promotion of stability in residential areas, and provision, conservation or rehabilitation of adequate housing to meet the needs of city residents. (3) Provision of public facilities, utilities and necessary physical improvements as provided in an approved urban renewal plan. 1 ( (4) Promotion of new employment opportunities. (5) involvement of citizens in all phases of preparing and implementing an urban renewal plan. (C) That the City of Tigard City Council elects to have all of those powers granted to and vested in an urban renewal agency by the laws of the state of Oregon, exercised by and vested in the Tigard Urban Renewal Agency established by this title. 19.04.010 Definitions. his used in this title: (A) "Agency" means the Urban Renewal Agency, hereinafter to be known as the Tigard Urban Renewal Agency. (B) "Council" means the City of Tigard City Council of Tigard, Oregon. (C) "City" means the incorporated areas of the City of Tigard, Oregon. (D) "Urban renewal area" means a blighted area included in an urban renewal plan. (E) "Urban renewal project" or "project" means any work or undertaking carried out under this title in an urban renewal area. (F) "Urban renewal plan" or "plan" means a plan as it is adopted pursuant to OILS 457.085-457.160 or is changed from time to time in accordance with ORS 457.220 by the Council for one or more urban renewal areas. 19.04.020 Tigard Urban Renewal Agency. The Tigard Urban Renewal Agency is hereby established. The Agency shall have the powers and duties described in Title 19.08. 19.04.030 Membership of the Urban Renewal Agency. The Agency shall consist of five (5) members who shall be the Mayor and four councilpersons who together constitute the City Council as provided by the City Charter. 19.04.040 Terms of Office. The terms of office of Agency members shall coincide with their terms of office on the City Council. 19.04.050 Vacancies. Vacancies shall be filled as provided for Council members by the City Charter. 19.04.060 Officers. At its first meeting after appointment, the Agency shall select a Chairman, Vice-Chairman and such other officers deemed necessary. Thereafter, such officers shall be elected by the Agency's membership at or before the Agency's first meeting in January of each succeeding year. 2 19.04.070 By-Laws. The Agency shall adopt by-laws and rules of procedure to regulate the conduct of meetings; until �. such rules are adopted, proceedings of the Agency shall be conducted in accordance with Robert's Rules of Order. 19.04.080 Quorum and voting. (A) Three (3) members of the Agency shall constitute a quorum for the conduct of business. (B) The Agency shall act by a majority vote of the members present at a meeting, excluding members present but abstaining, provided that no action shall be taken without the affirmative concurrence of three (3) members. (C) Actions, reports and recommendations adopted by the Agency shall be adopted by Resolution, signed by the Chairman or Vice Chairman, or their designated member substitute, and filed with the City Recorder. 19.04.090 Disclosure. Prior to voting on any issue under this title, members of the Council and the Tigard Urban Renewal Agency shall publicly disclose the nature and extent of any previous conversation relating to that issue with any person having a pecuniary interest in the matter. 19.04.100 Meetinqs; notice. (A) The Agency shall hold at least one (1) meeting per month and may hold such other meetings as are necessary to per- form its functions. (B1 Before any meeting of the Agency, notice shall be given as required by law. (C) The Agency may continue any proceeding, and a pro- ceeding continued to a time, date and place certain requires no additional notice unless such notice is required by law or is ordered by the Agency. Chapter 19.08 P^OWEI RS AND DUTIES (A) The Agency shall: (1) Have such powers and duties as are authorized by law and set forth in ©RS chapter 457 to be exercised by an Urban Renewal Agency to plan or undertake any urban renewal project to carry out an urban renewal plan approved by the Council. In planning or undertaking an urban renewal project, the Agency shall have the power to: (a) Carry out any work or undertaking and exercise any powers which a housing authority is authorized by law to perform. x l 3 r (b) Carry out any rehabilitation or conservation work in an urban renewal area. (c) Acquire real property, by condemnation if necessary, when needed to carry out the plan. Provided, however, that no such real property shall be so acquired by the Agency { unless the urban renewal plan, as approved by the Council, speci- fically provides for such property acquisition or the Council amends the approved urban renewal plan specifically to provide for such property acquisition. Exercise of this authority shall be in accord with the following criteria among others: (1) The need to construct public services including, but not limited to, new streets, sewer lines, water lines, or storm drainage facilities. (2) The need to provide public facilities € including, but not limited to, public structures, parks, open space, parking or pedestrian walkways. (3) The need to realize more efficient uses of lands. (d) Clear any areas acquired, including the demolition, removal or rehabilitation of buildings and improvements. l (e) Install, construct or reconstruct streets, j utilities and site improvements in accordance with the urban renewal plan. (f) Carry out plans for a program of the voluntary repair and rehabilitation of buildings or other improvements in an urban renewal area in accordance with the urban renewal plan. t_ (g) Assist in relocating persons living in, and property situated in, the urban renewal area in accordance with the approved urban renewal plan, and to make relocation payments. (h) Dispose of, including by sale or lease, any property or part thereof acquired in the urban renewal area in accordance with the approved urban renewal plan. (i) Plan, undertake and carry out neighborhood development programs consisting of urban renewal project under- takings in one or more urban renewal areas which are planned and # carried out on the basis of annual increments in accordance with the provisions of this title for planning and carrying out urban renewal plans. (j) Accomplish a combination of the things listed in this title to carry out an urban renewal plan. a r (2) Provide for public involvement in all stages of a the preparation and development of an urban renewal plan and urban renewal project. (3) Forward an urban renewal plan and accompanying report to the City Planning Commission and Downtown Tigard Committee for recommendations prior to presenting the plan to the Council for approval. (4) Prepare a statement by August 1 of each year, containing: (a) The amount of money actually received during the preceding year as "tax increment financing" revenue under subsection (4) of ORS 457.440, and the amount of indebtedness incurred during the preceding year from obtaining loans and advances under subsection (6) of ORS 457.440; (b) The purpose and amounts for which any monies received under subsection (4) of ORS 457.440, and from indebted- ! ness incurred under subsection (6) of ORS 457.440 were expended during the preceding fiscal year; (c) An estimate of monies to be received during the current fiscal year under subsection (4) of ORS 457.440, and from indebtedness incurred under subsection (6) of ORS 457.440; (d) A budget setting forth the purpose and estimated amounts for monies which have been or will be received under subsection (4) of ORS 457.440, and from indebtedness incurred under subsection (6) of ORS 457.440, are to be expended during the current fiscal year; (e) An analysis of the impact of carrying out the urban renewal plan on the tax rate for the preceding year for all taxing bodies that levy a tax on property inside urban renewal areas. (5) The statement required under TMC 19.08 (4) shall be filed with the Council, and notice shall be published that the statement has been prepared and is on file with the City Recorder and the Agency, and that the information contained in the state- ment- interested persons. The notice shall airciit is available to a11. .LY1LCt cy�c�.s Y ... - be published once a week for not less than two (2) successive weeks before September 1 of the year for which the statement is required in the newspaper having the greatest circulation in the city, and which is published in the city. The notice shall summarize the information required under TMC 19.08 (4) (a) , (b) , (c) and (d) and shall set forth in full the information required under TMC 19.08 (4) (e) . (6) Exercise ;uch other powers and perform such other duties as may be given to the Agency by law, provided such other powers and duties are iot ii conflict with the provisions of ORS Chapter 457, the State Urban Renewal Law, the Charter of the City of Tigard, or other provisions of this title. 5 (B) The Agency may, if authorized by the Council: (1) Incur indebtedness, including obtaining loans and advances in carrying out an urban renewal plan; (2) Irrevocably pledge any or all of that portion of the taxes received as tax increment financing revenue under ORS 457.420-457.450 for payment of principal of and interest on indebtedness incurred. Chapter 19.12 URBAN RENEWAL PLAN ADOPTION (A) Upon receipt of a proposed urban renewal plan and report from the Agency, and after public notice and hearing and consideration of public testimony and recommendations by the Planning Commission and Downtown Tigard Committee, the Council may approve the urban renewal plan. The approval shall be by nonemergency ordinance which shall incorporate the plan by reference. The ordinance shall include determinations and findings for each urban renewal urea-that: (1) The area is blighted; (2) The rehabilitation and redevelopment is necessary to protect the public health, safety or welfare of the munici- pality; (3) The urban renewal plan conforms to the compre- hensive plan of the municipality as a whole, and provides an outline for accomplishing the urban renewal projects the urban renewal plan proposes; (4) Provision has been made to house displaced persons within their financial means in accordance with ORS 281.045 to 281.105 and, except in the relocation of elderly or handicapped individuals, without displacing on priority lists persons already waiting for existing federally subsidized housing; (5) If acquisition of real property is provided for, that it is necessary; (6) Adoption and implementation of the urban renewal plan is economically sound and feasible; and (7) The municipality shall assume and complete any activities prescribed it by the urban renewal plan. Chapter 19.16 SUBCOMMITTEES AND CITIZEN ADVISORY COMMITTEES (A) The Chairman of the Agency may establish and appoint 6 frons the membership of the Agency such advisory subcommittees as :re deemed appropriate or as directed by the Agency. (B) A Citizen Advisory Committee for each urban renewal area, consisting of persons who are owners or tenants of property located in the urban renewal area and, if functioning, a representative of the affected Neighborhood Planning Organization, shall act as advisory to the Agency on matters related to the urban renewal plan and project of the Agency in each urban renewal area. Chapter 19.20 AGENCY STAFF The City Administrator and persons designated by the City Administrator shall serve as staff for the Agency and its sub- committees and shall provide such administrative and technical assistance as may be required. The Agency may also contract for such services as it requires. Chapter 19.24 SEVERABILITY In the event any subsection, subdivision, phrase, clause, sentence or word in this title is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not invalidate the remainder of this title, but shall be confined to the subsection, subdivision, phrase, clause, sentence or word held invalid or unconstitutional. z ■ section 20 This ordinance shall become effective thirty (30) days following its passage and signature. s` PASSED: BY-W vote of the City Council this da- day of 1981. _ Recorder, City of T` rd SIGNED: By the Mayor, this l,x day of ®o Z ary , 1981. Mayor, City of Tigard E i t ORDINANCE NO. 81-_gi