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Ordinance No. 69-73 C { CITY OF TIGARD, OREGON .• { ORDINANCE No.69- AN ORDINANCE REQUIRING DEPOSIT WITH THE CITY OF TIGARD OF FUNDS ESTIMATED TO BE SUFFICIENT TO COVER THE COSTS OF ELECTRICAL ENERGY AND MAINTENANCE. OF FACILITIES FOR LIGHTING THE PUBLIC WAYS IN NEW SUBDIVISIONS FOR A PERIOD NOT EXCEEDING TWO YEARS; PRESCRIB- ING METHODS OF ACCOUNTING AND EXPENDITURE OF SUCH TRUST DEPOSITS, AND ' DECLARING AN EP4}.ERGENCY. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section l: That in order to defray the actual costs of electrical energy and maintenance of street lighting facilities installed incident to the developrment of new residential subdivisions ..._ in the City of Tigard and to assure the availability of .funds therefor, each owner, subdivider, developer or other party required by the SUBDIVISION ORDINANCE OF THE CITY OF TIGARD to install street lighting facilities in new subdivisions, shall pay to the City Recorder at the time of approval of the subdivision plat by the City Planning Com- mission for recording, a sum estimated by the Planning Commission to k' be sufficient to cover the cost of maintenance and energizing of : such lighting facilitiee for the period beginning with the date that any such lighting facilities are energized and ending twenty-four f` (24) calendar months later. Section 2: That there is hereby established a special trust account on the City's records to be entitled "Subdivision Light- ' inR Trust Fund" which shall be credited with all deposits of funds rieceived purtsuant to Section l hereof. individually identified as to each subdivision and contributor. The City Recorder shall further causeto have said funds deposited in an entrusted account at an authorized banking institution within the City of Tigard and to keep and maintain the same for the purposes herein defined. That the accounting procedures with respect to said en- trusted funds shall conform to those usual and customary as estab- lished for the City's regular accounts. In connection with preparation of annual budget estimates c:- for the City, the provisions of §294.361(3) ORS and all other appli- cable provisions of §5294.305 et seq ORS (Local Budget Law) shall =-e F followed. Section_ : That there shall be charged against each subdivision deposit and paid therefrom, all expenses howsoever arcs- Ing for the maintenance and repair of street lighting facilities within the applicable subdivision for which purpose said deposit was made, and there shall be further paid therefrom and charged there- against, a,l). costs of energizing said facilities for the period for which the deposit was made as hereinabovesetforth. Section 4: If within the period of 24 months the funds deposited pursuant to the provisions hereof shall become fully or partially depleted to the 'degree insufficient amount remains available - tc cover the coritinued costs during the balance of the 24-montr: period, a . Page 1 - ORDINANCE N0.69-_�L the City Recorder shall notify the developer or contributor of such fact and request replenishment in a sum estimated to be sufficient to cover the balance of the period. In like manner, if at the expira-tion of the period for which said funds were deposited there shall remain any unexpended overplus, are same shall be repaid to the source from whom obtained. The contri.butor shall be entitled to a statement of account and a showing of the app i^ation of the funds deposited in accordance with the provisions hereof. Section 5: Inasmuch as there are no funds available in the City's budget wherewith to provide for the expenditures set forth in this ordinance incident to the occupancy of residential im- provements constructed within approved subdivisions in the City of Tigard, it is necessary for the peace, health and safety of the people of the City of Tigard that provision be made for the maintenance and energizing of street lights within said subdivisions, and an emergency is hereby declared to exist and this ordinance shall be effective upon its passage by the Council and approval by the Mayor. PASSED: By unanimous vote of all Council members present, after being read three t-ii::es by number and title 3nly, This qday of 1969. Recarder - C ty of gard APPROVED: By the Mayor, this �ZZday of 1969. ayor - Ci of Tig d X Page 2 - ORDINANCE No.69-,73 f . t �r