Ordinance No. 84-10 d`
CITY OF TIGARD, OREGON
ORDINANCE NO. 84
AN ORDINANCE AMENDING THE DEFINITION OF LOCAL IMPROVEMENT, PROVIDING FOR THE
DEFINITION OF A LOCAL IMPROVEMENT AND SETTING FORTH THE COSTS AND EXPENSES
WHICH MAY ASSESSED AGAINST PROPERTY AND DECLARING AN EMERGENCY.
WHEREAS, the Oregon Revised Statutes, ORS 223.387(1), define the meaning
of the term "local improvement", the City finds that for clarity purposes, it
would be in the interest of the City to adopt the same language as the statute.
WHEREAS, the costs and expenses of local improvements which may be
assessed against the property specially benefited by the improvement can be
inferred from the Tigard Municipal Code from practice and custom, it would be
in the public interest to specifically make clear the costs and expenses which
may be assessed.
NOW, THEREFORE, THE CITY OF TIGARD ORDAi.:,c, < FOLLOWS:
Section 1. TMC 13.04.010(a) shall be amended by deleting the entire section
and by enacting the following definitions.
"13.04.010 Definitions (a) "Local improvement means:
1. The grading, gravelling, paving or other surfacing of
any street, or opening, laying out, widening,
extending, altering changing the grade of or
constructing any street;
2. The construction or reconstruction of sidewalks;
3. The installation of street lights;
4. The installation of underground wiring or related
,E equipment;
5. The reconstruction or repair of any street improvement
mentioned in this subsection;
5. The construction, reconstruction or repair of any
sanitary or storm sewer or water main;
7. The acquisition, establishment, construction or
reconstruction of any off-street motor vehicle parking
facility;
8. The construction, reconstruction, alteration,
relocation or repair of any flood control dike, dam,
floodway, or drainage facility;
9. The construction, reconstruction, installation and
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equipping of a park, playground or neighborhood
facility;
10. Any other local improvement for which an assessment may
be made on the property specially benefited."
f.
Section 2. TMC 13.04.010 shall be amended by adding the following definition:
V "(f) Local improvement district" means the property
which is to be assessed for the cost or part of
the cost of local improvement and the property
on which the local improvement is located."
Section 3. TMC 13.04.080 shall he amended by adding the following provisions.
"The costs and expenses of local improvements that may
be assessed against the property specially benefited by
the improvement shall include, but not be limited to:
the costs of construction and installation of the
improvement; advertising, legal, administrative,
survey, engineering, notice, supervision, materials,
labor, contracts, equipment, inspection and assessment
costs; financing costs, including interest charges; the
costs of any necessary property, right-of-way or
easement acquisition and condemnation proceedings;
attorneys' fees and any other necessary expenses."
Section 4. Inasmuch as the amendments are necessary to clarify the authority
and powers of the City and in effect codify the existing law
regarding matters currently before the Council, an emergency is
declared to exist to provide for the public health, safety and
general welfare and this ordinance shall become effective
immediately upon passage by the City Council and approval by the
t Mayor.
PASSED: By G.hI r=r`.S vote of all Council members present
after being read by number and title only, this Jam_ day of
YYIa��-c1, 1984.
Deputy City Recorder - City of Tigard
APPROVED: This Th, day of _ aF-� , 1984.
Mayor - City of Tigard
APPRO AS TO FO
Y
Attorney
r (JM:pm/1287A)
ORDINANCE NO. 84-/Q
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