Ordinance No. 01-01 CITY OF TIGARD,OREGON
ORDINANCE NO,01--0-1
AN ORDINANCE OF THE CITY OF TIGARD, OREGON, AMENDING TITLE 13 OF THE
TIGARD MUNICIPAL CODE BY ADDING A NEW CHAPTER 13.12 WHICH ESTABLISHES
PROCEDURES FOR THE CREATION OF AN ECONOMIC IMPROVEMENT DISTRICT.
WHEREAS, ORS 223.112 - 223.161 grants authority to cities to establish procedures for the
creation of economic improvement districts;and
WHEREAS, such economic improvement districts are found by the City Council to be valuable
tools in the promotion of commercial activities and the economic well being of the City as a whole;
and
WHEREAS,the Tigard City Council therefore wishes to exercise the authority granted by statute to
adopt such procedures;
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Title 13 of the Tigard Municipal Code is hereby amended by adding a new
Chapter 13.12,Economic Improvement Districts to read as follows:
13.12.000 ECONOMIC IMPROVEMENT DISTRICTS
13.12.010 Definitions. The following words and phrases, when used in this ordinance shall
have the following meanings,except where the context requires otherwise:
(a.) "Economic improvement"means:
1. The planning or management of development or improvement activities;
2. Landscaping, enhancement, maintenance and provision of security for
public areas;
3. Promotion of commercial activity or public events;
4. Activities in support of business recruitment and development
5. Improvements in parking systems or parking enforcement;
6. Any other economic improvement activity that specially benefits specific
properties.
(b.) "Economic improvement plan"means a plan setting out:
1. A description of economic improvements proposed to be carried out, with
any appropriate phasing plan or schedule;
2. The number of years, to a maximum of five, in which assessments are
proposed to be levied;
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3. A preliminary estimate of annual cost of the proposed economic
improvements;
4. The proposed boundaries designated by map or perimeter description of an
economic improvement district within which subject properties would be
assessed to finance the cost of the economic improvement;
5. The proposed formula for assessing t"e cost of economic improvements
against subject properties, which formula may be an assessment based on
the assessed value or area of the property involved, or a surcharge on the
business tax on any business,trade, occupation or profession carried on or
practiced in the economic improvement district,or both;
6. A statement whether the property assessment will be a voluntary
assessment or mandatory assessment;
A. If voluntary, that the scope and level of improvements could be
reduced depending on the amount of money collected;or
B. If mandatory, that the aGsessment will be considered a tax under
the Oregon Constitution, Article XI Section I I(b) and may be
reduced to fit within the property tax limitation thereby affecting
the level and scope of services described.
7. If applicable, information about the organization requesting the creation of
the economic improvement district;
8. Reasons why the economic improvement district should be created;
9. If applicable, a list of anticipated agreements between the proposed
economic improvement district and other organizations;
10. The administration fee, if any, to be paid to the City for administering the
economic improvement district.
(c.) "Owner"means the owner of the title to real property or the contract purchaser of
record as shown on the last available complete assessment role in the office of the
County Assessor.
13.12.020 The City Council may consider creation of an economic improvement district on
its own motion or at the request of any person, entity, association,or City staff. Any request for
consideration of the creation of an economic improvement district shall contain a proposed
economic improvement plan. If the City Council decides to consider such a district on its own
motion, it shall instruct the City staff to prepare an economic improvement plan. If an
organization is willing to carry out improvement activities, City staff shall coordinate with that
organization in developing the economic improvement plan.
13.12.030 A public hearing before the City Council shall be held on the question of establishment of
the economic improvement district. Notices of the proposed hearing shall be mailed or delivered
personally to affected property owners and business owners, and shall announce the intention of the
City Council to construct or undertake the economic improvement project and to assess benefited
properties or impose a business tax surcharge for a part or all of the cost. The notice shall state the
time and place of the public hearing. This hearing shall be set not sooner than thirty(30) days after
the mailing or delivery of said notices to the affected property owners.
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13.12.040 If, after the hearing held pursuant to Section 13.12.020, the City Council determines that
the economic improvements would afford special and peculiar benefit to properties or businesses
within the economic improvement district different in kind or degree from that afforded to the general
public, and that the economic improvement district should be established, then the City Council may
adopt an ordinance stating those findings and establishing the district. The City Council shall then
determine whether the properties or businesses benefited shall bear all or a portion of the cost, and
shall require notice of any proposed assessment or business tax surcharge be mailed or personally
delivered to the owner of each lot to be assessed or business to be charged, which notice shall state
the amount of the assessment proposed on the property of the owner receiving the notice, or the
charge to the owner of the business receiving the notice. The ordinance shall require the City Finance
Director to prepare the proposed assessment for each lot and file it with the City Recorder. The
notice shall state the time and place of a second public hearing at which affected property owners or
business owners may appear to support or object to the proposed charge. The second hearing shall
not be held sooner than thirty(30) days after the mailing or personal delivery of the notices. At the
second hearing, the City Council may consider objections and may adopt, correct, modify or revise
the proposed assessments or charges. The City Council shall exempt residential real property and any
portion of a structure used for residential purposes, those properties exempt from general property
taxation under State law, and any other type of property that the City Council determines should be
exempt from the assessment. The ordinance will also provide that the assessments will not be made
and the economic improvement project will be terminated when written objections are received at the
second public hearing from owners of property upon which more than 33% of the total amount of
assessments is levied, or if a business tax surcharge is charged, from more than 33% of persons
conducting business within the economic improvement district who will be subject to the proposed
business tax surcharge.
13.12.050 Pursuant to the requirement as set forth above, an assessment ordinance may at the
discretion of the City Council,provide that:
(a.) When the City Council receives written objections at the second public hearing only from
owners of property upon which less than 33% of the total amount of assessments is levied, the
economic improvement project may be undertaken or constructed,but that the assessment shall not be
levied on any lot or parcel of property if the owner of that property submitted written objection at the
public hearing. Notwithstanding any other provision of law,an owner of property who fails to submit
written objections at the public hearing as provided for in the ordinance shall be deemed to have
made a specific request for the economic improvement services to be provided during the period of
time specified in the assessment ordinance.
(b.) The City Council, after excluding from assessment property belonging to such owners, shall
determine the amount of the assessment on each of the remaining lots or parcels in the district.
These provisions may be included only if the City Council chooses to form the economic
improvement district as a voluntary district. These provisions shall not be included in any district in
which payment is mandatory.
13.12.050 If written objections in the requisite 33% are not received as provided above, the City
Council may adopt a final ordinance levying the appropriate assessments and/or business tax
surcharge. Upon adoption of the final ordinance,the City Recorder shall enter any assessments in the
docket of City liens. The assessments shall be collected in the same manner as local improvement
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assessments. Failure to pay may result in foreclosure in the same manner as provided for other such
assessments.
13.12.070 Any assessment ordinance may require creation, for each economic improvement district,
of an advisory committee to allocate expenditures of monies for economic improvement activities
within the scope of this ordinance. If an advisory committee is created, the City Council shall
strongly consider appointment of owners of property within the economic improvement district to the
advisory committee. An existing association of property owners or tenants may enter into agreement
with the City to provide the proposed economic improvement.
13.12.080 Money derived from assessments or fees levied under the procedures set forth in this
ordinance shall be spent only for the economic improvements set forth in the Economic Improvement
Plan and for the cost of city administration of the economic improvement district.
SECTION: This ordinance shall be effective 30 days after its passage by the Council, signature by
the Mayor,and posting by the City Recorder.
PASSED: By l A k-10 Qj vote of all Council members present after being read by number and
title only,this MK- day of A0Ajj 12001.
k#
Catherine Wheatley,CityRecorder
APPROVED: By Tigard City Council this day of --1--(-jai ( _,2001.
E. ri ,Mayor
Approved as to form:
Ci Attomey
0 d
Date
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