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Ordinance No. 78-54 r CITY OF `IGARD, OREGON is ORDINANCE NO. 78-54 ___... ATn 77-7i RELATING TO THE SYSTEM AN 0RDINANCE n'"ENDING ORDINANCE •••,. ______ � --- DFVELOPMENT CHARGE FOR PARKS AND RECREATION FACILITIES, AND DECLARING AN EMERGENCY. r•. WHEREAS the Tigard City Council passed Ordinance No. 777-71 on the lith day of August, 1977, and finds that the needs that still Pxi_st, and prompted the passage of that ord inane.. WHEREAS the decision of hofwashington 0rdinancesCounty 77�26 and77-37 with regard to certain aspectsof certain have created questions as to the enforceability portions of Ordinance No. 77-71, and inorder toCconfor tthe City's the City ordinances to the opinions and �udg ments of Tigard ordains as follows: y amended in the following respects: Ordinance 77-71 is hereb Section 1: Amending description of "purpose" "Section l: Purp .311 ose" of Ordinance 77-71 is amended to read as follows: A system development charge is hereby imposed nd to implement the acquisition, development, ex- pansion of additional recreational spaces and facilities as defined in Section2 of this ordinance, and shall he. charged in connection with the develop- ment of all properties within the City o Amending definitions Section 2: Amen g "Section 2: Definitions" of Ordinance 77-71 is amended by the addition of subsection 3) as follows: 3) Development - The term "development" as used in this ordinance shall include: a) The first establishment of a use of any parcel of land involving the construction or the placing of a structure upon a parcel that was previously not occupied by any structure. b) Any alteration or change in use which in- creases the number of parking spaces required pursuant to Section 18.60.120 of the Tigard Municipal Code. c) The initial establishment or resumption of use after a per ding non-use exceeding one year which the City Council may find creates a substantial,likelihood-of increases ing the need mor parks 0r park facilities. ® Sectio 3: Amending rate structure "Section 3: System Development Charge Imposed: Rate Review" is amended in the following respects: Subsection (1) is amended by the deletion of the first sentence and"its replacement by the following language: "The following formula has been used as the basis for determining the system development charge. " Subsection (2) is amended to read as follows: (2) A system development charge is hereby imposed upon all 'Lands in the City of Tigard, according to the demands which the proposed development of said lands will place upon the park and rec- reation system serving the City of Tigard. Charges are set at one-third of the figures de- rived from the formula set out at Section 3 (1) above, and rounded to the nearest even ten. Thus the charges to be made are as follows: A. Single family residential unit. .$100 B. Multi-family residences .$60/unit C. Mobile home court spaces $50/space Section 4 Repealing "Discretionary Exemptions" "Section 5: Exemptions" is amended by the deletion of subsection "(3) Discretionary Exemptions." Section 5: Emergency Clause The earliest imposition of the provisions of this ordinance is necessary to protect the collection of the revenues found by Ordinance No. 77-71 and by this ordinance to be necessary, and to promote and protect the fairness of the method of collecting the revenues, and to preserve the peace, health, and safety of the public. Accordingly, an emergency is declared to exist and this ordinance will take effect immediately upon its passage by the Council and its approval by the Mayor. PASSED: By �t�An;�., vote of council members present after being --ad two timac bu number and title only this 11th day of September 1978 f ecorde , pro-tem City of Tigard APPROVED: By the Mayor this llthday of Septa r, 1978. ' Mayor, City of Tigard Page 2 ORDINANCE NO. 78-54