Ordinance No. 09-12 CITY OF TIGARD, OREGON
TIGARD CII`Y COUNCIL
ORDINANCE NO. 09- 1,--2-
AN
'9- }AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE SECTION 3.65.040.8,
REMOVING A CRITERION WHICH REQUIRES THE CITY TO AMEND THE LOCAL MOTOR
VEHICLE FUEL TAX TO OFFSET LEGISLATIVE CHANGES TO THE, STATE OR COUNTY
MOTOR VEHICLE FUEL TAX, AND AMENDING SECTIONS 3.65.030 AND 3.65.270.2,
REMOVING A CRITERION WHICH REQUIRES THE AUTOMATIC SUNSET OF THE LOCAL
MOTOR VEHICLE FUEL TAX AND, ADDING SECTION 3:65.270,3, REQUIRING THAT
FUTURE ALLOCATION OF CITY MOTOR VEHICLE FUEL TAX REVENUE BE DETERMINED
BY THE TRANSPORTATION ADVISORY COMMITTEE,AND DECLARING AN EMERGENCY.
WHERE-AS, on July 29, 2009, the Governor signed:. HB 2001, as adopted during the 2009 Regular Session
of the Oregon State Legislature;and
WHEREAS, HB 2001 becomes effective on September 28,2009; and
WHETS, upon its effective date, HB 2001 prohibits, until.January 1, 2014, the amendment of any local
ordinance which taxes motor vehicle fuel;and
WHERE AS,'Section 3.65.040,b of the Tigard Municipal Code requires the City to amend its motor vehicle
fuel tax ordinance in response to legislative enactments of the State or County, and is thereby found to be in
conflict with HB 2001; and
WHERE AS, Ordinance No. 06-21 and Ordinance No, 08-20, enacting and amending the City of Tigard.
Motor Vehicle Fuel Tax Ordinance,were passed with the purpose of ensuring that the City be able to raise
funds necessary for improvements of the Greenbur Road/ Highway 99/ Main Street intersection and allow
the City Council to reinstate the motor vehicle fuel tax to finance critical transportation and intersection
improvements in Tigard; and
WHEREAS; HB 2001 jeopardizes that ability and authority"of City to,readily meet the intended purpose of
the Tigard motor vehicle fuel tax; and
WHERE-AS, the Tigard City Council, at its public meeting of August 18 2009, has determined the need to
amend the Tigard Municipal Code in order to be consistent with State of Oregon current law and the
ptupose of the City of Tigard Motor Vehicle Fuel Tax: Ordinance.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1 Section 3.65;040.b of the Tigard Municipal Code is amended to read as follows:
b. Pay a motor vehicle fuel tax computed on the basis of`3 cents per gallon of such
motor vehicle fuel so sold, used or distributed as shown by such statement in the
inanner and within the time provided in this ordinance.
SECTION 2 Section 3,65.0301 of the Tigard Municipal Code is amended to read as follows.
ORDINANCE No.09-1,2 a
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A motor vehicle.fueltax. is hereby unposed on every dealer. The tax imposed shall be paid
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 CARS 319.010 to 319.430.
SECTION 3: Section 3.65.270.2 of the Tigard Municipal Code is amended to read as follows:
2. The net revenue shall be used only for the construction, reconstruction.,
improvement,repair, 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/Highway 99/Main Street intersection Cantil such
improvements are fully funded.
SECTTON 4: Section 3.65.270.3 is added to the Tigard Municipal Code to read as follows:
. The Tigard Transportation Advisory Committee shall create and maintain a project
Est, which designates in order of priority, the projects for which net revenue shall be
used subsequent to sufficient funds being collected to fully finance and pay for the
Greenburg Road/1-Iihway 99/Main Street intersection improvements. If, at
anytime, the Transportation Advisory Committee has not designated a project for
funding, all hands collected pursuant to this Chapter shall be maintained in the
Tigard City Gas Tax Fund until such time as the Transportation Advisory
Committee designates a priority project for the use of such funds.
SECTION 5: Because this ordinance amends die current Tigard motor vehicle fuel tax
ordinance as is prohibited by IIB 2001 after its effective date of September 28,
2009,an emergency is declared to exist and this ordinance shall be in fall force
and effect immediately upon passage by the Council.
PASSED: By L1 {{,"t 11d 1 vote of all Council Members present after being read by
number and title only, this ' ` day of , 2009.
Carol A. Ki-ager,Deputy Recorder
APPROVED: By Tigard City Council this - day of /��' � , 2009.
Craig arlcsen,Mayor
4AApoved as to form:
M
City Attorney
Date
ORDINANCE No. 09-12
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