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Resolution No. 17-06 CITY OF TIGARD,OREGON TIGARD CITY COUNCIL RESOLUTION NO. 17-61= A RESOLUTION APPROVING REFERRAL TO THE ELECTORS OF THE CITY OF TIGARD AT THE MAY 16,2017 SPECIAL ELECTION,THE QUESTION OF WHETHER TO AMEND THE CITY CENTER URBAN RENEWAL PLAN BY �J EXPANDING THE SIZE OF THE URBAN RENEWAL AREA aa, clr L4*wtC6 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. 16-25,which amends the City Center(Downtown)Urban Renewal Plan Amendment,which increases the size of the urban renewal area by adding seven properties;and WHEREAS,the City Council of Tigard,pursuant to the City's Charter,desires to refer Ordinance No. 16-25 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 amend the City Center Urban Renewal Plan by expanding the size of the urban renewal area. 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,eso 10+,`rnA N 0- co 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. 16-25 will become operative,and the City will amend the City Center Urban Renewal Plan by expanding the size of the urban renewal area. SECTION 8: This resolution is effective immediately upon passage. PASSED: This * day of*;—�LWAXW017. or—City of Tigard ATTEST: ql —r ) City Recorder'j—City oftigarN Page 2 of 2 Exhibit 1 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 16-,5" AN ORDINANCE MAKING CERTAIN DETERMINATIONS AND FINDINGS RELATING TO AND APPROVING THE TIGARD CITY CENTER URBAN RENEWAL PLAN AMENDMENT 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 City Center Urban Renewal Plan Amendment attached hereto as Exhibit A (the "Plan Amendment'. The Plan Amendment authorizes certain urban renewal activities within the Tigard City Center 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 "R.eporeto accompany the Plan Amendment as required under ORS 457.085(3); and WHEREAS, the Agency forwarded the Plan Amendment and Report to the City's Planning Commission (the "Commission's for review and recommendation. The Commission considered the Plan Amendment and Report on November 14, 2016 and made a recommendation that the Plan Amendment conformed with the Tigard Comprehensive Plan,attached hereto as Exhibit C (the"Planning Commission Minutes';and WHEREAS, on October 18, 2016, representatives of the City met with the Washington County Board of Commissioners to review the Plan Amendment; including proposed maximum indebtedness for the Plan Amendment;and WHEREAS, the Plan Amendment and the Report were forwarded on October 5,2016 to the governing body of each taxing district affected by the Plan Amendment, and the Agency has therefore consulted and conferred with each taxing district;and WHEREAS, the Tigard City Council (the"City Council") has not received written recommendations from the governing bodies of the affected taxing districts;and WHEREAS, on November 29,2016 the City caused notice of the hearing to be held before the Council on the Plan Amendment,including the required statements of ORS 457.120(3),to be mailed to registered voters within Tigard's incorporated limits;and WHEREAS, on December 13, 2016 the City Council held a public hearing to review and consider the Plan Amendment, the Report, the recommendation of the Tigard Planning Commission, 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 Amendment. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: ORDINANCE No. 16- Page 1 SECTION 1: The Plan Amendment 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 Amendment, has been conducted in accordance with the provisions of Chapter 457 of the Oregon Revised Statutes; 2. The area designated in the Plan Amendment as the Tigard City Center Urban Renewal Area is blighted,as defined by ORS 457.010(1) and is eligible for inclusion within the Plan Amendment 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, trails, sidewalks,parks, and utilities,and a prevalence of depreciated values resulting from underdevelopment and underutilization of property within the Area (ORS 457.010(1)(e)and (g); 3. The rehabilitation and redevelopment described in the Plan Amendment 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 the goals of the City's Comprehensive Plan; 4. The Plan Amendment conforms to the Tigard Comprehensive Plan and documented ancillary documents and provides an outline for accomplishing the projects described in the Plan Amendment, as more fully described in the Plan Amendment and in the Planning Commission recommendation; 5. No residential displacement vill occur as a result of the acquisition and disposition of land and redevelopment activities proposed in the Plan Amendment and therefore the Plan Amendment does not include provisions to house displaced persons; 6. The acquisition of real property provided in the Plan,including real property in the area that is the subject of this Plan Amendment, 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 IV of the Plan Amendment and Section V of the Report;and 7. Adoption and carrying out the Plan Amendment 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 lc,Article IX of the Oregon Constitution and ORS 457.440 and other available funding as more fully described in the Sections V,VI,VII, and VIII of the Report; 8. The City shall assume and complete any activities prescribed it by the Plan Amendment; and 9. The Agency consulted and conferred with affected overlapping taxing districts prior to the Plan Amendment being forwarded to the City Council. ORDINANCE No. 16- Page 2 SECTION 2: The Tigard Urban Renewal Plan Amendment is hereby approved based upon review and consideration by the Tigard City Council of the Plan Amendment and Report,the Tigard Planning Commission recommendations,each of which is hereby accepted,and the public testimony in the record. SECTION 3: The City Manager shall forward forthwith to the_agency a copy of this Ordinance. SECTION 4: The _agency shall thereafter cause a copy of the Plan --kmendment to be recorded in the Records of Washington County,Oregon. SECTION 5: The City Manager,in accordance with ORS 457.115,shall publish notice of the adoption of the Ordinance approving the Plan Amendment including the provisions of ORS 457.135,in the Tigard Times no later than four days follov-ing 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 2017. PASSED: By LIAN Gl r11141 vote of all council members present after being read by number and title only,this 13 day of b ecaxibex' ,2016. Kelly Burgo Deputy Qty R order APPROVED: By Tigard City Council this t t�day of Dei. M In e-/ ,2016. John ook,Mayor Approved as to form: /f City Attorney Date ORDINANCE No. 16- Page 3