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Ordinance No. 95-28 PED CITY OF TIGARD OrtDINANCE NO.45-V9 AN ORDINANCE AMENDING TITLE 3 OF THE TIGARD MUNICIPAL CODE BY REPEALING CHAPTERS 3.16 AND 3.20 AND AMENDING CHAPTER 3.24. WHEREAS, Chapters 3.16 and 3.20 are outdated and unnecessary; and WHEREAS, the Tigard City Council finds that one chapter is sufficient to cover all system development charges; now, therefore: THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: Chapter 3.20, Streets System Development Charges-Traffic Control and Chapter 3.40, Development Charges, Storm Drainage, are hereby repealed. Section 2: Section 3.24.010 of the Tigard Municipal Code is amended to read as follows: 3.24.010 Purpose. This chapter is intended to provide authorization for system development charges for capital improvements pursuant to Oregon Revised Statutes 223.297 through 223.314 for the purpose of creating a source of funds to pay for the installation, construction and extension of capital improvements. These charges shall be collected at the time of the development of properties which increase the use of capital improvements and generate the need for those facilities. Section 3: The definition for "Capital Improvements" in Section 3.24.030 of the Tigard Municipal Code is amended to read as follows: 3.24.030 Definitions. As used in this chapter: "Capital Improvements" means facilities or assets used for: (1) Water supply, treatment and distribution; (2) Sewage and wastewater collection, transmission, treatment and disposal; (3) Drainage and flood-control; (4) Transportation; or (5) Parks and recreation. AcoOrdinance No.qW Page 1 Section 4: Section 3.24.040(a) of the Tigard Municipal Code is amended to read as follows: 3.24.040 System development charge imposed-Method for establishment created. (a) Unless otherwise exempted by the provisions of this chapter or other local or state law, a systems development charge is imposed upon all development within the city, upon the act of making a connection to the city water or sewer system within the city, upon all development outside the boundary of the city that connects to or otherwise uses the sewer o: water facilities of the city, and whenever the city council has authorized an intergovernmental agreement which permits the city to impose a parks system development charge outside the city limits. Section 5: Section 3.24.090(a) of the Tigard Municipal Code is amended to read as follows: 3.24.090 Collection of charge. (a) The systems development charge is payable upon issuance of: (1) A building permit; (2) A development permit for development not requiring the issuance of a building permit; (3) A permit to connect to the water system; or (4) A permit to connect to the sewer system. PASSED: By Urjt` JrnoU.S vote of all Council members present after being read by number and title only, this day of , 1994. ea,thefihe Wheatley, City Record6r APPROVED: This day o ' 1995. J' icoli, Mayor Approved as_to form: City Attorney Date imcw\7UD1Wk med.u7(719951 IP Ordinance No. Page 2