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Ordinance No. 77-37 4 16 CITY OF TIGARD, OREGON ORDINANCE No. 77-, 2_ e t AN ORDINANCE AMENDING ORDINANCE No. 77-26 RELATING TO IMPOSITION OF A STREET t AND TRAFFIC CONTROL SYSTEM DEVELOPMENT CHARGE BY INCLUDING CREDIT PROVISIONS FOR PROPERTIES WHICH ARE REQUIRED TO SIGN A NON-REMONSTRANCE AGREEMENT FOR A FUTURE STREET L.I.D. ON A COLLECTOR OR ARTERIAL FACILITY, FIXING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. i WHEREAS, as a condition of approval of development proposals, the City of Tigard often requires the submission of a signed nona-remonstrance agreement for future street L.I.D. 's on collector or arterial facilities; and WHEREAS, the System Development Charge is designed to provide funds for collector or arterial street improvements; and WHEREAS, the imposition of the Systems Development Charge and a non- remonstrance agreement for future collector or arterial facilities constitutes a double charge for the same purpose; and WHEREAS, the City of Tigard desires to eliminate an inequity that arises due to the above described circumstances NOW, THERFORE, BE IT ORDAINED BY THE TIGARD CITY COUNCIL THAT: SECTION'—'I ! Section 5.3 of Ordinance No. 77-26 is hereby amended by the addition of a new subsection C to read as follows: C. In cases where the Planning Commission, Site Development Plan and Architectural Review Board and/or Planning Director determine that, as a condition of approval, it is necessary to require the submission of a street L.I.D. non-remonstrance agreement for future improvement of a collector or arterial facility, the property shall receive a credit against the final L.I.D. assessment, when levied, in an amount equal to the amount of the Systems Development Charge that was placed against the property at the time of construction. SECTION 2: Inasmuch as it is necessary for the peace, health and safety of the people of the City of Tigard that the foregoing change become a permanent part of the city's records, 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 , a h _ vote of all Council members present, after being read three times by number and title only this g day of /�% `' , 1977. .o p / Recorder - City.of Tigr977 d APPROVED: By thefx this 9- day of /� , . Wo Mayor - Mi of Tigard nPnTNANCE No. 77- .3*7