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Ordinance No. 08-20 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 08-,20 AN ORDINANCE AMENDING CHAPTER 3.65 OF THE TI A D TVIUNICIP L CODE, WHICH ESTABLISHED A TAX ON MOTOR VEHICLE FUEL DEALERS AND PROVIDED FOR ENFORCEMENT,ADMINISTRATION AND COLLECTIC7N OF THE TAX WHEREAS, Ordinance No. 06-2:1 established a 3-cent per gallon tax on motor vehicle fuel and amended the Tigard Municipal Cade to acid Chapter 3.65;and WHEREAS, Chapter 3.6.5 set an expiration elate of December 31, 2011 for collection of the tax, unless .renewed by ordinance of City Council;and WHEREAS, the net revenue for the tax is dedicated solely for improvements to the Greenbutg Road/Highway 99W/Main Street intersection;and WHETS, under Section 3.65.270 (2), the intent of the ordinance is to cease collection of the tax once the improvements are fiaily funded;and HE -t S, the assumption in setting the expiration date was that the anticipated revenues of$4.5 to $5.0 million over that 5-yeas period would be sufficient to fund the project;and WHEREAS, collections, which began on April 1, 2007, are not at the level necessary to holly fund the improvements;and WHEREAS, the period of collection needs to be extended to collect sufficient revenue to frilly frond the proposed improvements;and WHEREAS, the current economic conditions are such that the monthly collections have been lower than expected,and the project costs and interest rate could be higher than anticipated;and WHEREAS, the collection period should be extended to collect sufficient revenue to finance and pay f©r the intersection improvements;and WHEREAS, the Greenburg Road/Highway 99W intersection identified in Section 3.65.270(2) should be more f dly defined to mean the Greenbuig Road/I Ii hway 99W/Main Street intersection;and WHEREAS, clarification in the ordinance is needed to ensure that Main Street is recognized as an integral part of the intersection improvements envisioned. ORDINANCE No. 0S Page 1 NOW,THEREFORE,THE CITY OFTIGARD ORDAINS AS FOLLOWS: SECTION 1 Section 3.65.030 of Chapter 3.65in the Tigard Municipal Code is amended to read as follows: Section 3.65.030 Tax Imposed A-motor vehicle fuel tax is hereby imposed on every dealer.The tax imposed shall be paid monthly to the tax administrator.The tax administrator is authorized to exercise all supervisory and administrative powers with regard to the enforcement,collection and administration of the motor vehicle fuel tax,including all powers specified in ORS 319.010 to 319.430. in irt eff--- ut y y . nsidetation in the &9 .e Reff 2204 4.The motor vehicle fuel tax shall remain in effect until sufficient funds are collected to fully finance and pay for the Greenburg RoadZffighway 99W/Main Street intersection u-nprovernents The expiration elate shall be set at the end: of the month following assurance of both full project fundingand adeauate notice to all involved in the collection process. SECTION 2: Section 3.65.270(2) in the Tigard Municipal Code is amended to read as follows: 2. The net revenue shall be used only for the construction,reconstruction, improvement,reps,maintenance, operation and use of public highways;roads and. streets within the City.The net revenue shall be used exclusively= for improvements to the Greenburg Road/Flighway 99W Main Street intersection.The City shall cease collecting the tax once the improvennnents are fully funded. SECTION 3 All other sections in Chapter 3.65 remain the same. SECTION 4: This ordinance shall be effective 30 days after its passage by the Council,signature by the Mayor,and posting by the City Recorder. i i ORDINANCE No. 08- Mage 2 PASSED: By vote of all Council members present after being read by number and tide only, this 2-54 day of 2008. Carol A. Kniger,Deputy Cite kecorder APPROVED: By Tigard City Council d-lisof 10/740 ay Craig DAsen,Mayor APP -ovedd as to form: Attorney ttorne 00 Date i:\t-ng\gtts\ordinanccs\11-25408 amendment to the local fuel tax ordinance ort1doc ORDINANCE No. 08- 0 Page'3 r m .r 5. y �yqw9 l 7 ;n„ o P f s , .w � J �rw 3 f � � ory u f. N, " n 30 1