Resolution No. 83-53 i
CITY OF TIGARD, OREGON
RESOLUTION NO. 83- ,1=5
A RESOLUTION REFERRING TWO COMPETING MEASURES TO AMEND THE CITY
CHARTER TO THE REGISTERED, QUALIFIED VOTERS OF THE CITY OF TIGARD
FOR THEIR APPROVAL OR REJECTION AT A SPECIAL ELECTION TO BE HELD
ON SEPTEMBER 20 , 1983; CALLING SAID ELECTION AND AUTHORIZING AND
DIRECTING THE CITY RECORDER TO DO ALL ACTS NECESSARY OR CONVENIENT
TO CARRY OUT SAID ELECTION.
WHEREAS, an initiative petition to amend the Tigard City Charter
has been certified to this Council on May 16, 1983, by the City
Recorder and Washington County Elections Division; and
WHEREAS, said petition proposed to abolish the Tigard Urban Renewal
Agency and create limitations on the formation of any further urban
renewal agency by the City Council, as more fully set forth therein;
and
WHEREAS, this Council, pursuant to ORS 221.210, 250.285 and 250.325
and its Charter authority, has decided to refer two competing
measures regarding this matter to the registered, qualified voters
of the amity;
NOW, THEREFORE, IT IS HEREBY RESOLVED:
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1. A special election is hereby called in the City of Tigard,
to be held on the 20th day of September, 1983, between the hours
of 8:00 a.m. and 8:00 p.m. Pacific Daylight Time, at the polling
places listed in Exhibit "A", for the purpose of submitting to the
registered, qualified voters of the City of Tigard the competing
measures set forth in Section 2 below_
2. The following measure numbers, ballot titles and purposes
are hereby approved by the Council as the forms in which the
questions to be submitted to the voters are prescribed:
MEASURE NO. 51: CHARTER AMENDMENT RESTRICTING CITY COUNCIL URBAN
RENEWAL ACTIVITIES.
QUESTION: SHALL THE TIGARD URBAN RENEWAL AGENCY BE ABOLISHED AND
CREATION OF NEW SUCH AGENCIES BE RESTRICTED?
PURPOSE
Amends City Charter to abolish Tigard Urban Renewal Agency when
legally possible; allows agency to be re-created with restrictions;
limits financing alternatives.
RESOLUTION No. 83^ 5_
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NOTE: Measures No. 51 and 52 are "competing measures". If both
measures pass, only the one with the most votes will take
effect. You may vote yes or no on each measure.
Mark a cross ( X ) or check (v" ) inside the voting square to indicate
your choice.
YES ( ) I vote in favor of the proposed Charter amendment.
NO ( ) I vote against the proposed Charter• amendment.
MEASURE NO. 52: CHARTER AMENDMENT PROHIBITING ISSUANCE OF CERTAIN
BONDS WITHOUT A VOTE.
QUESTION: SHALL THE CITY COUNCIL BE FOREVER PROHIBITED FROM ISSUING TAX
INCREMENT FINANCING BONDS OF MORE THAN $5,680,000 WITHOUT A
VOTE?
PURPOSE
Amends City Charter to bar Council authorization of tax increment
financing bonds in a total amount of more than $5,680,000 unless
voters approve.
NOTE: Measures No. 51 and 52 are "competing measures" . If both
measures pass, only the one with the most votes will take
effect. You may vote yes or no on each measure.
Mark a cross ( X ) or check (✓) inside the voting square to indicate
your choice.
YES ( ) I vote in favor of the proposed Charter amendment.
NO ( ) I vote against the proposed Charter amendment.
3. The text of said Charter amendment proposals are set forth in
Exhibit "B" (for Measure No. 51) and Exhibit "C" (for Measure No. 52)
and shall be on file at the office of the City Recorder for public
inspection.
4. The City Recorder is hereby authorized and directed to certify
in the manner provided to the Director of Records and Elections of Wash-
ington County, Oregon, the measures described in this resolution for
inclusion as a part of the regular ballots to be prepared by such
Director for voting at all precincts within the City of Tigard, as set
forth in Exhibit "A" herein, at the Special Election of September 20, 1983.
RESOLUTION NO. 83-53
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5. The City Recorder shall conduct the aforesaid Special
' Election in conjunction with the Director of Records and Elections
of Washington County, in accordance with the election laws of the
State of Oregon for the conduct of special elections.
6. The City Recorder is hereby authorized and directed to
undertake all necessary and convenient acts to facilitate the
inclusion of these measures on the Special Election ballot of
September 20 , 1983, for the approval or rejection of the qualified
voters of the City of Tigard, and is further authorized and directed
to give notice of the above-described election and proposals in the
following manner:
a. By posting notices of the election in a public
place, exposed to public view:
(1) One at each of the designated polling places
and in each of the precincts in the City; and
(2) At the front entrance of the City Hall,
no less than fifteen (15) days prior to the date of
the election; and also
b. By publishing in the Tigard Times once each week for
two consecutive weeks, t e first such publication
to be not less than ten (10) days prior to the date
of the aforesaid Special Election.
The form of such notice shall be substantially as set forth in
Exhibit "D", attached hereto and by this reference made a part
hereof. The City Recorder shall cause to have filed affidavits of
such posting and publication.
7. Measures No. 51 and 52 are deemed by this Council to be
"competing measures" under ORS 250.325 and the Council's Charter
authority. In the event that both measures pass, the one with the
most votes shall be deemed effective.
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PASSED: This 13th day of June, 1983, by the Council of the City
of Tigard, Oregon.
Mayor - City of Tigard
ATTEST:
City Recorder City Tigard
RESOLUTION No. 83-Aa-
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EXHIBIT "A"
PRECINCT NO. POLLING PLACE
30 Fowler Junior. High School - 10865 S.W- Walnut
31 Charles F. Tigard Grade School - 12985 S.W. Grant
32 Charles F. Tigard Grade School - 12985 S.W. Grant x
33 Fowler Junior High School - 10865 S.W. Walnut
34 Twality Junior High School - 14650 S.W. 97th
35 Phil Lewis Grade School - 12615 S.W. 72nd
40 Twality Junior High School - 14650 S.W. 97th
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41 Summerfield Club House - East Entrance '
10650 S.W. Sumau«erfield Drive
46 Mary Woodward Elem. - 12325 S.W. Katherine
180 Summerfield Club House - East Entrance
10650 S.W. Summerfield Drive
RESOLUTION NO. 83-e
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EXHIBIT "B"
AMENDMENT TO THE
CITY CHARTER OF
THE CITY OF TIGARD, OREGON
Proposed by initiative petition.
The City Charter of the City of Tigard is amended to
add the following chapter_mnd -sections thereto:
URBAN RENEWAL.— CITIZENS RIGHT TO VOTE
Sec. 45. The voters of the City of Tigard, exercising their
powersas the ultimate governing body of the city as reserved
to them by ordinances of the city and by the Constitution
and laws of the State of Oregon, do hereby find and determine
that there no longer exists a need for an urban renewal
agency in the city. Therefore, the Tigard Urban Renewal
Agency, as established or activated, by Ordinance No. 81-91,
adopted in December, 1981, is terminated. The facilities,
files and personnel (if any) of the Tigard Urban Renewal
Agency shall be forthwith transferred to the city. The
termination shall not affect any outstanding legal actions,
contracts or obligations of said agency, and the city shall
be substituted ..for said agency in respect thereto. ---df, at
the time this section .is adopted, termination of '+the"Tigard
Urban Renewal .Agency is aegally prohibited `by .any 4mandatory
Provision of controlling -state Saw,-the termination-shall be
Postponed until -such legal .pediment has been removed ,and
'"shall then automatically become x-ffective; .and, in the
interim pending the -effective date of such termination, :the
amity shall not authorize,..approve or assist-in -the 'incurring
"of any new debt or obligation or in the performance of any
i-portion of the urban renewal plan.
Sec. 46. Section 45 is and shall be deemed to be an ordinance
of the city within the meaning of ORS 457.075. Therefore,
Section 45 may be amended or repealed by nonemergency ordinance
adopted by the City Council. The City Council may in the
future activate, create, reactivate or recreate an urban
renewal agency in the city in the manner provided for by
law, subject to the limitations of Sections 47nd ,48 concerning
the methods for financing the activities of suc an agency.
Sec. 47. The city shall not approve an urban renewal plan
or an amendment of an urban renewal plan if such plan includes
tax increment financing as a permissible means of paying the
debts and obligations of the agency unless, prior to the
activation and implementation of tax increment.financing,
such method is approved by the voters of the city at a
regular or special city election zheld in May or 140vember.
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(t6ec, 48. Any urban renewal plan or amendment thereof hereafter
proposed or adopted shall require that the plan, including
ti the method of -financing same, shall be approved by the
voters at a regular or special city election in 44ay or
November, if such plan or amendment would or could involve
the levying of a tax on properties outside the urban renewal
area to pay the debts or obligations to -be incurr-ed in
carrying out the plan. Notwithstanding -the foregoing,
separate approval at an election is not required for:
(1) Expenditures by the city, as distinguished from
the urban renewal agency, which have been duly
identified and included in a duly adopted city
'budget; ov
(2) Issuance of Bancroft bonds (ORS 223.205 to 223.295)
In conraction with assessments for local improvement
`districts, if such issuance is otherwise authorized
aby law.
Sec. 49. As used in Secs. 45, 46, 47 and 48:
(1) 'City' means the City of Tigard, Washington County,
Oregon.
(2) 'Urban Renewal Agency' means an agency created or
existing under ORS Ch. 457 as it now exists or may
here-after be amended, or a similar agency with
similar powers and purposes created under any
other provision of law.
(3) 'Urban Renewal Plan' means a plan as defined in
ORS 457.010 (11) as it now exists or may hereafter
be amended, or a similar plan adopted under any
other provision of law.
(4) 'Tax Increment Financing' means the method of
financicig described and referred to in ORS 457.420
to 457.460, or a similar method of financing
provided for under any other provision of law.
Sec. 50. If any section or portion of this charter amendment
(Secs 45 through 49) is determined unconstitutional or
unlawful, the remaining portions and sections shall be
severable and shall remain in effect.
` EXHIBIT "C"
AMENDMENT TO THE
CITY CHARTER OF THE
CITY OF TIGARD, OREGON
Proposed by City Council
The City Charter of the City of Tigard is amended to add the
following chapter and section thereto:
URBAN RENEWAL - CITIZENS RIGHT TO VOTE
Section 45. The City Council shall not ever approve the issuance of
tax increment financing bonds exceeding a total face amount of $5,680 ,000
unless the voters of the City approve the issuance of such bonds.
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EXHIBIT
PUBLIC NOTICE OF MEASURE ELECTION
CITY OF TIGARD
NOTICE OF SPECIAL ELECTION OF PROPOSED AMENDMENTS TO THE CHARTER OF THE
CITY OF TIGARD TO BE SUBMITTED TO THE REGISTERED, QUALIFIED VOTERS OF THAT
CITY AT A SPECIAL ELECTION ON SEPTEMBER 20, 1983.
Notice is hereby given that pursuant to Resolution No. 83-53, adopted
by the City Council of Tigard on June 13, 1983, there will be submitted
to the registered, qualified voters of the City for approval or rejection
at a Special Election on September 20, 1983, between the hours of 8:00 a.m.
and 8:00 p.m. PDT, the following propositions:
MEASURE NO. 51: Charter Amendment Restricting Urban Renewal Activities.
QUESTION: Shall the Tigard Urban Renewal Agency be abolished and
creation of new such agencies be restricted?
PURPOSE: Amends City Charter to abolish Tigard Urban Renewal Agency
when legally possible; allows agency to be re-created with
restrictions; limits financing alternatives.
MEASURE NO. 52: Charter Amendment Prohibiting Issuance of Certain Bonds
Without a Vote.
QUESTION: Shall the City Council be forever prohibited from issuing tax
increment financing bonds of more than $5,680,000 without a
vote?
PURPOSE: Amends City Charter to bar Council authorization of tax increment
financing bonds in a total amount of more than $5,680,000
unless voters approve.
NOTE: Measures No. 51 and 52 are "competing measures". If both
measures pass, only the one with the most votes will take
effect. You may vote yes or no on each measure.
The polling places in the City for the purpose of submitting the foregoing
propositions are as follows:
(insert Exhibit "A")
The election shall be conducted in all respects in accordance with the
election laws of the State of Oregon.
EXHIBIT
The full text of the proposed amendments to the Charter of the City
of Tigard and of Resolution No. 83- _? may be obtained from the
City Recorder's office, City Hall, Tigard, Oregon, and shall also
be available at each polling place during the hours for the holding
of the Special Election.
WITNESS my hand and the seal of the City of Tigard this day
of , 1983.
BY ORDER OF THE CITY COUNCIL
Doris Hartig, City Rec er
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EXHIBIT "D" - 2