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Resolution No. 17-05 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 17- 0 5 A RESOLUTION APPROVING REFERRAL TO THE ELECTORS OF THE CITY OF TIGARD AT THE MAY 16,2017 SPECIAL ELECTION,THE QUESTION OF WHETHER TO IMPLEMENT AN URBAN RENEWAL PLAN,INCLUDING THE USJE OF TAX INCREMENT FINANCING,FOR THE TIGARD TRIANGLE a& WHEREAS,Section 47 of the City of Tigard's Charter requires voter approval for any urban renewal plan or amendment that initiates the use of tax increment financing;and WHEREAS,the City Council of Tigard adopted Ordinance No. 16-24,which implements an urban renewal plan,including the use of tax increment financing, for the Tigard Triangle;and WHEREAS,the City Council of Tigard,pursuant to the City's Charter,desires to refer Ordinance No. 16-24 to the electors of the City of Tigard. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: Measure. A measure election is called in and for the City of Tigard,Washington County, Oregon,for the purpose of submitting to the electors of the City of Tigard,a measure that, if approved,would enact an ordinance implementing an urban renewal plan,including the use of tax increment financing,for the Tigard Triangle. A copy of the measure is attached and incorporated as Exhibit 1.The original exhibits that were attached to the measure are not attached.Copies of the original exhibits may be obtained through the City Recorder. SECTION 2: Election Conducted by Mail. The measure election shall be held on Tuesday,May 16 2017. The precinct for the election shall be all of the territory within the corporate limits of the City of Tigard. As required by ORS 254.465 and ORS 254.470,the measure election will be conducted by mail by the Washington County Elections Department,according to the procedures adopted by the Oregon Secretary of State. SECTION 3: Notice of Ballot Title.The City Elections Officer is directed to publish notice of receipt of the ballot title in the Tigard Times or The Oregonian in compliance with ORS 250.275(5). SECTION 4: Ballot Title. Pursuant to ORS 250.285 and ORS 254.095,the Tigard City Council directs the City Elections Officer to file a Notice of City Measure Election in substantially the form of Exhibit 2,with the Washington County Elections Office,unless,pursuant to a valid ballot title challenge,the Tigard City Council certifies a different Notice of City Measure Election be filed,such filing shall occur no earlier than the eighth business day after the date on which Exhibit 2 is filed with the City Elections Officer and not later than March 16,2017. SECTION 5: Explanatory Statement. Pursuant to ORS 251.345,the Tigard City Council directs the City Manager to prepare a Measure Explanatory Statement for publication in the county voters' pamphlet;said statement shall be filed with the Washington County Elections Office at the same time the Notice of City Measure Election is filed by the City Elections Officer. Page 1 of 2 R.Esoruf &n Nn. l7�OS SECTION 6: Delegation. The Tigard City Council authorizes the City Manager or a designee of the City Manager to act on behalf of the City of Tigard and to take such further action as is necessary to carry out the intent and purposes herein in compliance with the applicable provisions of law. SECTION 7: Effect of"Yes"Vote. If a majority of eligible voters vote"yes"on the measure,Ordinance No. 16-24 will become operative,and the City will implement an urban renewal plan, including the use of tax increment financing,for the Tigard Triangle. SECTION 8: This resolution is effective immediately upon passage. PASSED: This 7+j!�day of A�—'beWWI 2017. mayco City of Tigard ATTEST: Cify Recor r—City of 6gar Page 2 of 2 EXHIBIT 1 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 16-a tj AN ORDINANCE NLAKiNG CERTAIN DETERMINATIONS AND FINDINGS RELATING TO AND APPROVING THE TIGARD TRIANGLE URBAN RENEWAL PLAN AND DIRECTING THAT NOTICE OF APPROVAL BE PUBLISHED WHEREAS, the Tigard City Center Development Agency (the "Agency', as the duly authorized and acting urban renewal agency of the City of Tigard, Oregon,is proposing to undertake certain urban renewal activities in a designated area within the City pursuant to ORS Chapter 457;and WHEREAS, the Agency,pursuant to the requirements of ORS Chapter 457, has caused the preparation of the Tigard Triangle Urban Renewal Plan attached hereto as Exhibit A (the "Plan'. The Plan authorizes certain urban renewal activities within the Tigard Triangle Urban Renewal Area(the"Area';and WHEREAS, the Agency has caused the preparation of a certain Urban Renewal Report dated December 13, 2016, attached hereto as Exhibit B (the "Report.' to accompany the Plan as required under ORS 457.085(3); and WHEREAS, the Agency forwarded the Plan and Report to the City's Planning Commission (the "Commission') for review and recommendation. The Commission considered the Plan and Report on November 14, 2016 and made a recommendation that the Plan conformed with the Tigard Comprehensive Plan,attached hereto as Exhibit C (the"Planning Commission Recommendation';and WHEREAS, on October 18, 2016, representatives of the City met with the Washington County Board of Commissioners to review the Plan,including proposed maximum indebtedness for the Plan;and WHEREAS,the Plan and the Report were forwarded on October 5,2016 to the governing body of each taxing district affected by the Plan,and the Agency has therefore consulted and conferred with each taxing district;and WHEREAS, the Tigard City Council (the "City Council's received a written recommendation from Tualatin Valley Fire and Rescue accepting a city-proposed change to the Plan to limit Plan duration as provided for in Section VIII (D) of the Plan and to require taxing district concurrence for certain kinds of Plan amendments as provided for in Section IX(B) of the Plan;and DC'HEREAS,on November 29,2016 the City caused notice of the hearing to be held before the Council on the Plan,including the required statements of ORS 457.120(3),to be mailed to all electors in the City;and WHEREAS, on December 13, 2016 the City Council held a public hearing to review and consider the Plan,the Report, the Planning Commission Recommendation, and the public testimony received on or before that date and to receive additional public testimony;and WHEREAS, after consideration of the record presented through this date, the City Council does by this Ordinance desire to approve the Plan. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: ORDINANCE No. 16-a Page 1 + SECTION 1: The Plan complies with all requirements of ORS Chapter 457 and the specific criteria of 457.095(1) through (7), in that, based on the information provided in the Report, the Planning Commission Recommendation,and the public testimony before the City Council: 1. The process for the adoption of the Plan, has been conducted in accordance with the provisions of Chapter 457 of the Oregon Revised Statutes; 2. The area designated in the Plan as the Tigard Triangle Urban Renewal Area is blighted, as defined by ORS 457.010(1) and is eligible for inclusion within the Plan because of conditions described in the Report in the Section "Existing Physical, Social, and Economic Conditions and Impacts on Municipal Services," including the existence of inadequate streets and other rights-of-way, open spaces, and utilities and underdevelopment of property within the Area(ORS 457.010(1)(e) and(g)); 3. The rehabilitation and redevelopment described in the Plan to be undertaken by the Agency is necessary to protect the public health, safety or welfare of the City because absent the completion of urban renewal projects, the Area will fail to contribute its fair share of property tax revenues to support City services and will fail to develop and/or redevelop according to the goals of the City's Comprehensive Plan; 4. The Plan conforms to the Tigard Comprehensive Plan and documented ancillary documents and provides an outline for accomplishing the projects described in the Plan, as more fully described in the Plan and in the Planning Commission Recommendation; 5. No residential displacement will occur as a result of the acquisition and disposition of land and redevelopment activities proposed in the Plan and therefore the Plan does not include provisions to house displaced persons; 6. The acquisition of real property provided in the Plan is necessary for the development of transportation-related infrastructure improvements in the Area and for the development of public spaces because the Agency does not own all the real property interests (e.g., rights-of-way, easements, fee ownership, etc.) that will be required to undertake and complete these projects as described in Chapter N of the Plan and Section V of the Report; 7. Adoption and carrying out the Plan is economically sound and feasible in that eligible projects and activities will be funded by urban renewal tax revenues derived from a division of taxes pursuant to section 1c, Article IX of the Oregon Constitution and ORS 457.440 and other available funding as more fully described in the Section "Financial Analysis of the Plan" of the Report; 8. The City shall assume and complete any activities prescribed it by the Plan;and 9. The Agency consulted and conferred with affected overlapping taxing districts prior to the Plan being forwarded to the City Council. SECTION 2: The Tigard Urban Renewal Plan is hereby approved based upon review and consideration by the Tigard City Council of the Plan and Report, the Tigard Planning Commission Recommendation,each of which is hereby accepted,and the public testimony in the record. ORDINANCE No. 16- 2 y Page 2 SECTION 3: The City 14anaget shall forward forthwith to the Agency a copy of this Ordinance. SECTION 4: The Agency shall thereafter cause a copy of the Plan to be recorded in the Records of Washington County,Oregon. SECTION 5: The City Nianager,in accordance with ORS 457.115,shall publish notice of the adoption of the Ordinance approving the Plan,including the provisions of ORS 457.135,in the Tigard Times no later than four days following adoption of this Ordinance. SECTION 6: This ordinance shall be effective upon certification by the County Elections Official that it has received voter approval at an election conducted on May 16,2017. PASSED: By ote of all council members present after being read by number and title only,this_jth day of De u-m ber , 2016. K Burgoya,Deputy C4 RecVrder APPROVED: By Tigard City Council this 13 day of beCQ.m bex' .2016. �XoaA A John . Cook,Mayor Approved ap to form: City Attorn Date ORDINANCE No. 16- Page 3