City Council Packet - 05/16/1989
TIGARD CITY COUNCIL MEETING AGENDA
MAY 16, 1989 - 5:30 PM
TIGARD CIVIC CENTER
13125 SW HALL BOULEVARD, TIGARD, OREGON 97223
1. STUDY MEETING:
1.1 Call to Order and Roll Call
1.2 Call to Staff and Council for Non-Agenda Items
2. CITY CENTER DEVELOPMENT DISCUSSION
3. NON-AGENDA ITEMS: From Council and Staff
4. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session
under the provisions of ORS 192.660 (1) (a), (d), (e), & (h) to discuss
Police Chief selection, labor relations, real property transactions, and
current and pending litigation issues.
5. ADJOURNMENT"
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COUNCIL AGENDA - MAY 16, 1909 PAGE 1
May 11, 1989
NOTICE OF CITY COUNCIL MEETING
Notice is hereby given that a City Council meeting, called by the Mayor, with
the common consent of the Council, will be held on May 16, 1989, at 5:30 p.m.
in the Tigard Civic Center, 13125 S.W. Hall Boulevard, Tigard, Oregon. The
meeting is called for the purpose of discussing the City Center Development
Plan and general business items for Council review. Also, Council may adjourn
into Executive Session under the provisions of ORS'192,660 (1) (a), (d), (e),
& (h) to discuss Police Chief selection, labor relations, real property trans-
actions, and current and pending litigation issues.
ayor, City of Tigard
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• CITY OF TIGARD, OREGON
AFFIDAVIT OF POSTING
In the Matter of the Proposed
STATE OF OREGON )
County of Washington ) ss
City of Tigard )
I, Cal/'e 'L(a" % being first duly sworn, on oath,
depose and say:
That I posted in the following public and conspicuous places a copy of
Notice of Special Meeting for the Council Meeting dated ~l/(a/ i~-j
a, copy of sai n tice being hereto attached and
by reference made a part hereof on the G~ day of ~-9
198
Subscribed and sworn to before me this 2-~-day of 198 9 .
Nota Public for regan
My e4ftmission Expires: - S - 93
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CITY OF TIGARD, OREGON ~
i
AFFIDAVIT OF NOTIFICATION 1
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In the matter of the proposed j
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STATE OF OREGON >
County of Washington ) ss t~t
City of Tigard ) t
}
I, C~(i2~yl p (~~l~Qe being first duly sworn, on oath, depose
an "say
That I notified the following persons by phone or per anal contact of the
Notice of Special Meeting for the Council Meeting of --5,/( /SC I
a copy of said written notice be' hereto attached and by re Terence made a
part hereof an the = - day of 19
CONTACT METHOD: PHONE PERSONAL TIME t
Tigard Times , Reporte/r~ at 684-0360 X l J-ae~C: J&- ~
Name : / 1 ke ft), I'I~
Oregonian Reporter at 297-8861
or 245-6997 O✓1 ~L;~Z„~,t~cC.~i/l~- •
Name:`'/~~-2.~%~ ~L"LlC.i•L_ -~Ynlt.-~L~i~t.~_
King City Regal Courier at 639-5414 AV '-7-1)cQ / / /'03
Name : Ce C /Y l E
Subscribed and sworn to before me this /f2-Aday of 19.
p Notary blic for Ore on
My Commission Expires. '~l3•
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TUALATIN DEVELOPIEMT COMISSInd
RELOCATION REGULATIONS
January, 1985
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TUALATIN DEVELOPMENT COMMISSION
RELOCATION REGULATIONS
TABLE OF CONTENTS
A. GENERAL
1. PURPOSE AND POLICY
2. DEFINITIONS
3. APPLICABILITY
4. REGULATIONS
5. COMPARABLE REPLACEMENT DWELLING
6. DECENT, SAFE, AND SANITARY DWELLING STANDARDS
7. DECENT, SAFE, AND SANITARY RENTAL SLEEPING ROOMS REQUIREMENTS
8. APPEALS
9. *(RESERVED)
10. DEVELOPMENT OF HOUSING
B. REQUIREMENTS FOR PROJECTS
11. SCOPE
12. REQUIREMENTS
13-20*(RESERVED)
C. RELOCAT 1 ON ASS 1 STANCE ADVISORY FROGRAsc
21. SCOPE
22. RELOCATION PROGRAMS--GENERAL REQUIREMENTS
23-25*(RESERVED)
26. PUBLIC INFORMATION--GENERAL
27. PUBLIC INFORMATION--HEARINGS
28. PUBLIC INFORMATION--BROCHURE
29. PUBLIC INFORMATION--ANNOUNCEMENTS
30. *(RESERVED)
31. INFORMATION FOR DISPLACED PERSONS
32-40*(RESERVED)
D, MOVING AND ATED EXPENSES
41. SCOPE
42. ELIGIBILITY
43. PAYMENT LIMITED TO ONE MOVE
44. MOVING EXPENSES--APPLICATION AND PAYMENT
45. INELIGIBLE EXPENSES a
46. MOVING EXPENSES--DISPLACED PERSONS
47. MODIFICATION COSTS
48. ACTUAL DIRECT LOSS OF PROPERTY
49. MOVING EXPENSES--OUTDOOR ADVERTISING BUSINESSES
50. LOW VALUE HIGH BULK PROPERTY--BUSINESSES AND FARM OPERATIONS
t
* (Unused Numbers Are RESERVED For Expansion.)
i
51. *(RESERVED)
52. SEARCH COSTS
53-60*(RESERVED)
E. FIXED ALLOWANCE IN L I EU OF NOV 1 NG AND RELATED EMMNSES
61. SCOPE
62. *(RESERVED)
63. DISLOCATION AND MOVING EXPENSE ALLOWANCES--INDIVIDUALS AND FAMILIES
64. FIXED ALLOWANCE--PROFIT AND NON-PROFIT BUSINESS
65. FIXED ALLOWANCE--FARM OPERATION
66. COMPUTING AVERAGE ANNUAL NET INCOME--BUSINESS AND FARM OPERATIONS
67. RULES IN CONSIDERING FIXED ALLOWANCES-BUSINESS AND FARM OPERATIONS
68. REAL PROPERTY ACQUIRED BY THE TUALATIN DEVELOPMENT COMMISSION.
69-70*(RESERVED) I
F. F2MACEIIENT HOUSING PAYMENTS
71. SCOPE
72. PURCHASE OF A DECENT, SAFE, AND SANITARY DWELLING
73. OCCUPANCY
74. INSPECTION OF REPLACEMENT DWELLING REQUIRED
75. APPLICATION AND PAYMENT
76. ELIGIBILITY
77. REPLACEMENT HOUSING--PURCHASE PRICE
78. REPLACEMENT HOUSING PAYMENTS--RENT AND DOWN PAYMENTS
79. RULES FOR CONSIDERING LAND VALUES _
80. LIMITATIONS--PAYMENT FOR PURCHASE PRICE
81. REASONABLE COST OF COMPARABLE REPLACEMENT DWELLING
82. OWNER RETENTION
83. INCREASED INTEREST COSTS
84. INCIDENTAL EXPENSES
85. COMPUTATION OF RENTAL PAYMENTS--TENANTS
86. COMPUTATION OF RENTAL PAYMENTS--HOME OWNERS
87. LIMITATION OF RENTAL PAYMENT
88. DETERMINING REASONABLE MONTHLY RENT
89. RENTAL PAYMENTS. METHOD OF PAYMENT
90. COMPUTATION OF DOWN PAYMENTS
91. DOWN PAYMENTS
92. PROVISIONAL PAYMENT PENDING CONDEMNATION
93. COMBINED PAYMENTS
94. PARTIAL USE OF HOME FOR BUSINESS OR FARM OPERATION
95. MULTIPLE OCCUPANTS OF A SINGLE DWELLING
96. MULTI-FAMILY DWELLING
97. CERTIFICATE OF ELIGIBILITY PENDING PURCHASE OF REPLACEMENT DWELLING
T
* (Unused Numbers Are RESERVED For Expansion.)
TUALAAT i N DEVELOPMENT 00M11 SS ION
RELOCATION REGMATIONS
A. GENERAL
1. PURPOSE AND POLICY
These regulations implement ORS 281.045 to 281.105 which provide for
the uniform and equitable treatment of persons displaced from their
homes, businesses, or farms by state or locally funded programs. In
Implementing QRS 281.045 to 281.105. it is the intent of the
Tualatin Development Commission to deal consistently and fairly with
all persons whose property is taken for public projects and all
persons who are displaced from their homes, businesses, or farms.
2. DEFINITIONS
As used in these regulations--
"Commission" or "Tualatin Development Commission" means the City of
Tualatin Development Commission, the Urban Renewal Agency of the
City .
")business" means a lawful activity other than a farm operation
conducted primarily:
1. For the purchase, sale, lease, or rental of personal and/or
real property, and/or the manufacture, processing, or
marketing of products, commodities, or other personal
property;
2. For the sale of services to the public; or
3. By a non-profit organization.
"Dwelling" means the place of permanent or customary and usual
residence of an individual or a family.
"Disn~laced ga son" means any person who moves or is required to move
his or her residence and personal property incident thereto, or his
or her business or farm operation as a result of:
1. Acquisition of the real property in whole or in part by the
Commission; or
2. Receipt of a written order from the Commission to vacate
the property for public use.
"Dtsplacement date" means that date upon which the displaced person
has completed the move from the vacated premises, and is not related
to the date when the move to replacement premises is complete.
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"EpW means two or more Individuals who are living together in a
dwelling and are:
1. Related by blood, marriage, adoption, legal guardianship,
or mutual consent.
"Farm operation" means a lawful activity conducted solely or
primarily for the production of one or more agricultural products or
commodities, including timber for sale or home use.
"FL-on is r t" means the amount of rent a tenant or home owner would
have to pay for a similar dwelling to the acquired dwelling in a
similar area.
"Mortgage means a lien commonly given to secure an advance on or the
unpaid purchase price of real property, together with any credit
instruments secured thereby Including, but not limited to, mortgages,
notes and trust deeds, and land sales contracts.
",person" includes a partnership, company, corporation, or associa-
tion, as well as any individual or family.
"Public use" means a use for which real property may be required by
the Commission as provided by law.
"Real Rro er " or any interest therein means "lands" and "estate and
interest in lands" as defined in ORS 95.010.
"state" means the State of Oregon.
"Tenant" means a person who rents or is temporarily in lawful
possession of a dwelling, including a sleeping room.
3. APPLICABILITY
These regulations apply to projects which are part of a Commission
funded program and which cause the displacement of persons. In the
event that the Commission engages in any federally assisted programs
where the assisting agency has relocation regulations inconsistent
with those adopted by the Commission, the regulations of the federal
agency will control.
4. REGULATIONS
Any person to whom authority to prepare explanatory requirements and
procedures has been delegated shall prepare and submit to the
executive director of the Commission for approval explanatory
requirements and procedures not inconsistent with these regulations
which prescribe additional procedures and requirements that are
appropriate to the particular program or programs administered by the
preparing officialls organization. Such supplementary requirements
and procedures shall be revised as necessary to conform to any
amendments which are made to these regulations. Any such
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IF~
supplementary requirements and procedures shall be available to the
public in reasonable quantities without cost.
5. COMPARABLE F431 ACEMM DWELLING
A. A dwelling is comparable replacement dwelling for the purposes
of these regulations if it is available on the market and is:
1. decent, safe, and sanitary;
2. functionally equivalent-to the dwelling being acquired;
3. in an area not generally Less desirable than the dwelling
being acquired with respect to:
a. public utilities;
b. public and commercial facilities;
c. neighborhood conditions including municipal services;
and
d. unreasonable adverse environmental factors.
4. reasonably accessible to the pace of employment or
potential place of employment of the head of the displaced
family or individual;
5. adequate in size to accommodate the needs of the displaced
family or individual;
6. within the financial means of the displaced family or
individual;
7. open to all individuals regardless of race, color,
religion, sex, or national origin in a manner consistent
with all applicable statutes.
B. If replacement dwellings which meet the requirements of
paragraphs A(1)-(7) of this section are not available on the
market, the Commission may, after a proper finding of the need
therefor, treat available dwellings which exceed those
requirements as comparable replacement dwellings. For the
purposes of paragraph A(6) of this section, a dwelling is within
the financial means of an individual or family if, taking into
account payments made under section F of these regulations
(REPLACEMENT HOUSING PAYMENTS), the monthly housing cost,
Including payments for mortgage insurance and property taxes or
rental cost, is not more than:
1. 25 percent of the monthly gross income of the individual or
family, including supplemental income payments received
from public agencies; or
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2. The portion of the monthly gross income of the individual
or family, including supplemental income payments received
from public agencies, paid for rental or housing costs at
the acquired dwelling if the rent or housing cost is not
excessive taking Into consideration the cost of other needs
of the family or individual.
6e DECENT, SAFE, AND SANITARY DiEL! 1116 STAMARDS
A. A dwelling Is decent, safe, and sanitary for the purposes of
these regulations if it:
1. meets the applicable state or local building, plumbing,
electrical, housing and occupancy codes for existing
structures;
2. has a continuing and adequate supply of potable, safe
water;
3. has a kitchen or an area set aside for kitchen use which
contains a sink in good working order and properly i
connected to hot and cold water and a sewage water drainage
system;
4. has a cooking stove and refrigerator in good operating
condition if required by local code, or If not so required,
utility service, connection, and adequate space for these
installations in the kitchen or area set aside for kitchen
use;
5. has an adequate heating system in good working ordero
capable of maintaining the minimum temperature of 68 F in
the living area, not including bedrooms, under local
outdoor temperature design conditions;
6. has a bathroom, well-lighted and ventilated, and affording
privacy to an individual within it containing a lavatory
and a bath tub or shower stall properly connected to an
adequate supply of hot and cold running water, and a flush
toilet, all in good working order and properly connected to
a sewage water drainage system;
7. has an adequate and safe electrical wiring system for
lighting and other electrical services in each room;
8. Is structurally sound, clean, weather-tight, in good
repair, and adequately maintained;
9. has a continuous and unobstructed path of travel from any
point in the dwelling to a safe opening through a common
corridor to a safe open space at ground level, and In the
case of a multi-dwviing building of more than two stories,
at least two continuous and unobstructed paths of travel
from the common corridor on each story; and
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10. Is adequate in size, including number of bedrooms, to
accommodate the occupants.
B. In case of extreme hardship or other similar extenuating
circumstances involving a displaced individual or family, the
Commission may valve any requirement of paragraph A of this
section.
7. DECENT, SAFE, AND SANITARY RENTAL SLEEPING ROOMS REQUIREMENTS
A. A rental sleeping room is decent, safe, and sanitary for the
purposes of this part If its
1. Meets applicable state or local building, plumbing,
electrical, housing and occupancy codes for existing
structures;
2. Has an adequate heating system in good working order which
will maintain a minimum temperature of 68 F under local
outdoor temperature design conditions;
3. Has an adequate and safe electrical wiring system for
lighting and other electrical services;
4. Is structurally sound, clean, weather-tight, and in good
repair and adequately maintained;
5. Has a continuous and unobstructed path of travel from any
point in the dwelling to a safe, open space at ground level
and, In the case of a rooming house, access from each
sleeping room directly or through a common corridor to a
safe, open space at ground level, and in the case of a
rooming house of more than two stories, at least two
continuous and unobstructed paths of travel from the common
corridor on each story; and
6. Provides use of a bathroom, well-lighted and ventilated and
affording privacy to an individual within, including a door
that can be locked if the facilities are separate from the _
sleeping room, and containing a lavoratory and a bath tub
or shower stall properly connected to an adequate supply of
hot and cold running water and a flush toilet, all in good
working order and properly connected to a sewage water
drainage system.,
rt
B. In case of extreme hardship or other similar extentuating U
circumstances involving a displaced individual or family, the ~x
Commission may waive any requirement of paragraph A of this
section.
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S. APPEALS
A. An applicant for a payment under sections D (MOVING AND RELATED
EXPENSES), E (FIXED ALLOWANCE IN LIEU OF MOVING AND RELATED
EXPENSES), and F (REPLACEMENT HOUSING PAYMENTS) who is aggrieved
by a decision of the Commission as to the applicantfs
eligibility for payment or the amount of payment may appeal that
decision In accordance with the procedure established by the
Commission under paragraph B of this section.
B. The Commission shall establish procedures for reviewing appeals
by aggrieved applicants for payments under these regulations.
The procedures shall ensure that:
1. Each aggrieved applicant has the opportunity for an oral
presentation;
2. Each appeal will be decided promptly and the applicant will
be Informed of the decision in writing;
3. Each decision will include a statement of the reasons upon
which it is based;
4. The Commission will retain all documents associated with
each appeal; and
5. Each aggrieved applicant will have the right of final
appeal to the administrator of the Commission.
9. (RESERVED)
10. DEVELOP14ENT OF HOUSING
If a housing analysis prepared under section 12 discloses that there
are not enough comparable replacement dwellings, the Commission may
use funds to develop housing as otherwise authorized.
B_ REQUIREMENTS FOR PROJECTS
11. SCOPE
This section prescribes requirements governing the administration of
relocation assistance for displaced persons for projects which are
administered by the Commission.
12. REQUIREMENTS
A. The Commission shall provide, with respect to every project to
which these regulations apply which will result in the
displacement of any person:
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I. Fair and reasonable relocation payments to displaced
persons as required by sections D, E, and F of these
regulations;
2. Relocation assistance programs for displaced persons;
3. Information regarding relocation payments and services
which will be available within a reasonable period of time
before any Individual or family is displaced.
B. The Commission shall not proceed with any phase of a project If
that phase will cause the displacement of any Individual or
family until:
1. The Commission determines that, based on a current analysis
of available replacement housing that comparable
replacement dwellings will be available within a reasonable
period of time;
2. The Commission determines that adequate provisions have
been made to provide orderly, timely, and efficient
relocation of displaced persons and families to decent,
safe, and sanitary housing available without regard to
race, color, religion, sex, or national origin, as required
by applicable laws, with minimum hardship to those
affected.
13-20 (RESERVED)
C- RELOCATION SS i STIR ADV I SOm PROGRAMS
21. SODPE
This section prescribes requirements for relocation assistance
advisory programs for persons who will be displaced by projects
administered by the Commission.
22. RELOCATION REQUiRELENTS
The Commission shall carry out a relocation assistance advisory
program so that displaced persons will receive uniform and consistent
services and payments regardless or race, color, religion, sex, or
national origin as required by applicable laws. The program must
provide for:
a. explaining to persons the relocation assistance and
payments that are available;
b. assisting persons to complete applications required for
payments;
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c. determining the needs of persons for relocation
assistance;
d. Informing persons as to the availability and costs of
comparable replacement dwellings, and comparable
locations for businesses and farm operations;
e. assisting each individual or family to obtain and move
to a comparable replacement dwelling;
f. Informing individuals and families as to federal and
state housing programs; and
g. providing counseling and advice to displaced persons
that will minimize the hardships associated with
adjusting to a new location.
23-25 (RESERVED)
26. PUBLIC I WORYAT I ON--GENERAL
To ensure public awareness of its relocation assistance advisory
program when a public hearing is held for a project In which
displacement will occur, the Commission shall provide an opportunity
for presentation of information and discussion of relocation services
and payments at the hearing.
27. PURL I C I *"ORT I ON--HEAR 1 N GS
If a public hearing is held for a project In which displacement will
occur, information regarding the following must be presented at the
hearing:
a. eligibility requirements, payment procedures, and
limitations for moving expenses and replacement
housing;
b. a description of the expenses incidental to transfer of
property that will be paid;
c. appeal procedures;
d. a description of how relocation assistance and services
will be proviced;
e. the address and telephone number of the Commission and
the name of the official In charge of relocation;
f. the identity, local address, and telephone number of
any other cooperating agency; and
g. an estimate of the time necessary for relocation.
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28. PUBLIC INFORMATION-BROCHURE
The Commission may prepare a brief brochure describing its relocation
assistance advisory program.
29. PUBLIC INFORMATION-ANNOUNCEMENTS
The Commission may provide brief public announcements of the
relocation services, payments, and where any brochure describing the
relocation program can be obtained unless the Commission finds that
public announcements are not necessary because only a small number of
persons will be displaced.
30. (RESERVED)
31. INFORMATION FOR DISPLACED PERSONS
A. The Commission shall deliver to each prospective displaced
person, either in person or by certified or registered first
class mail, return receipt requested, a notice stating the types
of and the eligibility requirement for relocation payments.
8. The information required by paragraph A of this section must be
furnished:
1. To home owners not later than the initiation of written
negotiations for acquisition of the property; and
2. To the tenants within thirty days after the initiation of
negotiations for the property.
C. The Commission shall notify each prospective displaced person of
his right of appeal under section 8.
ATED E~ENSES
D. MOVING AND REL
41. SCOPE
This section describes the requirements governing the payment of
moving and related expenses of persons displaced by Tualatin
Development Commisslon projects.
42. ELIGIBILITY
A displaced person is eligible for payment of moving and related
expenses under this section if he moves after the date of acquisition
of the property for the project, or upon receipt of a written notice
of eligibility for payments from the Commission.
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43. PAYMENT LIMITED TO ONE MDYE
Payment of a displaced person's moving and related expenses may not
be made for more than one move In connection with a particular
project.
44. MDYING EVENSE APPLICATION AND PAYMENT
A. Upon application by a displaced person for payment of moving and
related expenses, the Commission shall:
1. Pay those expenses In accordance with this sections or
2. If the applicant elects to receive it, pay him a fixed
allowance in accordance with section E of these
regulations.
B. The application must be in writing and filed with the Commission
within twelve months after the date of the applicant moves from
the real property or moves his personal property from real
property, as the case may be, or the date of acquisition,
whichever is later. The application must include an itemization
of the expense involved, and except as provided In paragraphs D
and E of this section, must be suppported by receipts and such
other evidence as the Commission may require.
C. If a displaced person, the moving contractor and the Commission
agree in advance, in writing, the displaced person may submit an
unpaid bill for moving expenses for direct payment by the
Commission to the mover.
D. In the case of a self-move by a displaced person who conducts a
business or farm operation, the amount of payment for actual
reasonable moving expenses is negotiable but may not be more
than the lower of two firm bids or estimates received by the
Commission, unless the Commission determines that a greater
amount is justified.
E. A displaced business or farm operation may not be paid for his
moving expenses in advance of the actual move.
F. A displaced family or individual may receive the $200 fixed
displacement allowance in advance if the Commission determines a
hardship exists.
45. INELIGIBLE EXPENSES
A displaced person is not entitled to be paid for:
a. additional expenses incurred because of living or
operating in a new location;
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b. the cost of moving structures or other improvements to
real property in which ownership is reserved by the
displaced person, except as otherwise provided under
section 82;
c. improvements to the replacement site, except as
otherwise herein provided;
d. Interest on loans to cover moving expenses;
d
e. loss of goodwill; i.
f
f. loss of prof Its;
g. loss of trained employees;
h. personal injury;`
1. cost of preparing the application for moving and,
related expenses;
J. expenses in searching for a replacement dwellting F.'
except as provided for in section 52;:
k. any item which the Commission excludes from payments
consistent with these regulations;
I. any storage costs with respect to any property not
owned by and in the possession of the displaced person'
at the time of the beginning of the move;
r-
m. any storage costs with respect to items stored on
property owned by the displaced person; f:'..
4.
n. any addition, Improvement, or other physical change in f;
a replacement structure or its premise not otherwise
required by these regulations, including changes:
k;
required by OSHA or other federal regulations or code
requirements;
o. downtime;
p. loss of lease or leasehold interests;
q. professional services including but not limited to
attorneys, architects, consultants and engineers;
x
r. advertising;
s. cost of replacing or repairing property lost, stolen,
or otherwise injured in the process of moving, or while
in storage;
t. expenditures incurred after twelve months of the date
of displacement;
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u. any expenditure which duplicates any eligible
expenditure.
Where in the judgment of the Commission the cost of moving any item
of personal property which is used in connection with a business
would be disproportionate in relation to its value, the allowable
reimbursement for the expense of moving such property shall not
exceed the difference between the cost of replacing the same with a
comparable item available on the market and the amount which would
have been received for such property on liquidation.
S
46. MOVING EXPENSES--DISPLACED PERSONS
A. Except as provided In section 45, a displaced person is entitled
to actual reasonable expenses for: E
1. Transporting individuals, family and personal property from
the displacement site to a replacement site (including one +
move to and from storage), but not more than fifty miles or
outside the state unless the Commission finds that a
hardship exists;
2. Packing and unpacking, crating and uncrating, and if the
Commission finds it necessary, storing the displaced
person's personal property for not more than twelve months;
3. If the Commission finds It necessary, advertising for
packing, crating, storing, or transporting the displaced
personts personal property;
4. Insurance premiums for insurance against loss of damage of
the displaced person's personal property while in storage
or transit;
5. Disconnecting, dismantling, removing, and reinstalling
relocated machinery, appliances, and equipment (including
leased equipment such as telephones and fire and burgular
alarms), including modifying the machinery, appliances, or
equipment, and connection to utilities available at the
replacement location if:
a. the machinery, equipment, or appliances are not
acquired by the Commission as real property, and
b. the displaced person agrees In writing that the
machinery, appliance, or equipment is personal property
and releases the Commission from paying for it as real
property;
6. Searching for a replacement business or farm operation to
the extent that those expenses meet the requirements of
section 52;
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7. Relettering trucks, signs, and similar Items used by the
? concern in the operation of its business, and the amount
paid (less salvage value, where applicable) for printing a
reasonable supply of printed matter to replace that made
obsolete as a result of the move. The actual cost of
replacing signs painted on a door or window or on walls is
also compensabie, but such compensation shall not include
costs of acquisition of a site for each sign;
8. Such other reasonable expenses determined to be allowable
by the Commission.
B. A displaced person who conducts a business or farm operation
which is discontinued or relocated Is entitled to the actual
direct losses of personal property to the extent those losses
meet the requirements of section 48.
47. MODIFICATION COSTS
A. Eligible modification and installation costs include reasonable
amounts incurred for the following;
1. Connection of relocated machinery appliances, or equipment
to available utility services at the replacement location.
a. "replacement location" is defined as the replacement
structure and not its surrounding premises.
b. ".available utility_ services" are defined as currently
existing utilities on or within the structure which are
distributed throughout the structure from the utility
service entrance and/or panel or main valve system.
c. utility services include electrical, water, gas,
compressed air, vacuum, vent, sewer, oil and similar
service lines.
d. connection to available utility services shall be
either:
( 1) at or on the relocated machinery, equipment, or
appliances; or,
( 11) at a nearby distribution point within the
structure as determined by the Commission.
2. Modification to adapt or convert the relocated machinery,
appliances, or equipment to the use of the available
utility services at the replacement location.
3. Modifications to the existing utility services at the
replacement location to accommodate the relocated
machinery, appliances or equipment when the Commission
determines that It would be less expensive than modifying
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the relocated items to the use of the available utility
services.
4. Cost necessary to place or situate the relocated machinery,
equipment or other personal property at the replacement
location In order to install the relocated Items. Costs
are Iimited to those necessary to allow access to the
replacement location, such as removing and replacing doors,
panels, and similar items to permit placement of the
relocated personal property.
5. Construction of concrete pads or foundations necessary to
install the relocated machinery, equipment or other
personal property, unless the Commission acquired similar
pads or foundations at the old location either as personal
or real property.
B. Eligible installation costs do not include costs for the
following:
1. Construction of a new structure, or the rehabilitation on
modification of an existing structure to rehouse the
relocated machinery, equipment, or other person property.
2. The cost of increasing the load carrying capacity of a
floor or structure.
3. Supplying utility services from the public right-of-way to
the utility service entrance and/or main panel or main
valve system in or on the replacement location.
4. Changes or modifications to a utility service entrance
and/or main panel or main valve system within the
replacement location, except as provided in paragraph
(A)(3) of this section.
48. ACTUAL DIRECT LOSS OF PROPERTY
A. A business or farm operation may receive a payment for any
actual direct loss of any of its tangible personal property,
Including Inventory or goods held for sale, which is used in
connection with the business or farm operation, but is no longer
needed because the business or farm operation is being
discontinued or is not being moved to a relocation site because
It Is not suitable for use there, or which the business chooses
not to relocate.
1. The payment may not exceed the estimated reasonable expense
of moving the property.
2. The business concern must make an effort to achieve a bona
fide sale to dispose of the property. Items for which
compensation was made in any acquisition of real property
are not eligible.
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3. A payment may not be made for any item for which
compensation has otherwise been made.
4. A payment may not be made for actual or estimated storage
costs for the items for which a property loss is claimed.
B. Except as provided in sub paragraph (13)(1)(c) of this section
the amount of property loss payment shall be determined by
deducting the proceeds from any sale of the property from the
fair market value of the property for which a claim is made for
a payment for direct loss of property.
1. The amount of the payment for actual direct loss of
property shall be determined by adding 1) the reasonable
costs incurred by the businesses concern in its efforts to
sell the property, and 2) the lesser of:
a. the value not recovered by the sale (i.e., the fair
market value for continued use of the property at the
location from which the business concern is displaced,
less any proceeds recovered by the sale); or
b. the lowest estimated reasonable moving expenses which
would have been incurred had the property been moved.
Estimated moving costs as determined by the Commission
are limited to the amount which would have been
necessary for the reasonable cost of transporting,
packing and unpacking, crating and uncrating,
disconnecting and reconnecting, removing, reassembling,
and reinstallation of those items of person property
not moved and for which a property loss is claimed. The
estimate may not include the cost of physical changes
or conversions that would have been required if the
items for which a property loss is claimed had been
moved to the replacement site. When property loss is
claimed for goods held for sale, the inventory value
shall be based on the cost (to the business concern) of
the items, not the potential selling price.
c. If a bona fide sale cannot be effected, the payment for
direct loss of property shall be the lesser of:
( 1) the fair market value for continued use at its
-location prior to displacement, or
( 11) the estimated cost of moving the item fifty
miles, irrespec.. a of the cost to the
Commission of moving the item.
C. A bona fide sale is a sale at the highest price offered, after
reasonable efforts have been made over a reasonable period of
time to interested prospective buyers, including secondhand
dealers, and, if appropriate ,junkmen, who customarily deal in
similar property. An auction held after reasonable public
notice Is a bona fide sale. A private sale to onus relatives
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i
or associates, or persons with a financial interest in the
business is not a bona fide sale. A trade-in may be considered
a bona fide sale if it is so determined by the appropriate
Commission official.
i
D. Ordinary and reasonable expenses incurred by the business
concern in its efforts to sell personal property may be included V
in the amount of a payment for a direct loss of property.
E. Fair Market Value shall be determined as follows:`
f•
1. Procedure. The fair market value of the property for
continued use at the location from which the business'
concern is displaced shall be ascertained by an appraisal
secured by either the Commission or the claimant and
concurred in by the other. It shall be made by a qualified
appraiser or a valuation consultant in accordance with the
accepted standards of the profession.
2. Exception. If the value of the property to be disposed of
does not warrant the expense of an appraisal the fair
market value for continued use may be ascertained through
consultation with an equipment dealer to determine a value
which reflects current used market value of the item or its
nearest functional equivalent of the same approximate age
and condition.
F. The reasonable cost of an initial appraisal done or accepted by
the Commission to determine actual direct loss of property shall
be borne by the Commission. The cost of any other appraisal
obtained by the claimant shall be borne by the claimant.
G. A claim for a payment for direct loss of property sh,l be
supported by:
1. Written evidence of the loss, which may include appraisals,
certified prices, copies of bills of sale, receipts,
cancelled checks, copies of advertisements, offers to sell,
auction documents, and other appropriate records.
2. A list of the items of machinery, equipment, trade
fixtures, inventory, stock-in-trade, or other tangible
personal property excluded from the appraisals of the real
property.
5. Documentation of the fair market value of each item, or
each lot or group of similar items, for continued use in
place, unless an appraisal secured by the Commission has
been concurred in by the claimant.
49. MOVING EXPENSES--OUTDOOR ADVERTISING BUSINESSES
A. A displaced person who conducts a lawful activity primarily for
assisting in the purchase, sale, resale, manufacturing,
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processing, or marketing of products, commodities, personal
law property, or services by the erection and maintenance of outdoor
advertising displays, whether or not the displays are located on
the premises on which any of those activities are conducted, is
entitled to the moving expenses described in section 46.
However, if the cost of moving an outdoor advertising display
is more than the inplace fair market value of the display, the
Commission may acquire the display as part of the real property.
B. Paragraph A of this section does not apply to an outdoor
advertising display owned by and located on the premises of a
business or farm operation being displaced.
50. LOW VALUE HIGH BULK PROPERTY--BUSIMESSES AND FARM OPERATIONS
In the case of low value high bulk personal property such as junk,
stockpiled sand, gravel, minerals, or similar items used in
connection with the relocated business or farm operation, payment for
actual reasonable moving expenses may not be more than the cost of
replacing the property at the relocation site less the amount for
which it could be sold at the displacement site.
51. (RESERVED)
52. SEARCH COSTS
A. Except as provided in paragraph B of this section, a displaced
person who conducts a business or farm operation is entitled to
not more than $500 for actual reasonable expenses in searching
for a replacement business or farm operation, Including:
1. Cost of travel;
2. Cost of meals and lodging;
3. An amount for time spent searching based on the salary
earnings of the displaced person from the business or farm
operation, but not more than $10 per hour; and
4. If the Commission considers it desirable, the cost of a
broker, or realtor, or other professional fees to locate a
replacement site.
B. A displaced person who conducts an advertising business
described in section 49 is entitled to not more than $100 for
actual reasonable expenses In searching for a replacement
outdoor advertising display site.
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FIXED ALLQVANCE IN L I RI OF _i M I NG AND RO„ATED E]OE MS
61. SCOPE
This section prescribes requirements governing payment of dislocation
and moving expense allowances to displaced persons who are eligible
for payment of their actual moving and related expenses under section
D of these regulations but elect to receive a fixed allowance in
lieu thereof.
62. (RESERVED)
63. DISLOCATION M MOV 1 NG EXPENSE ILL 1 M1=1 ND 1 V I OLw S AND FAM I L 1 ES
A. Except as provided in paragraph B of this section, a displaced
individual or family who elects to receive fixed dislocation and
moving expense allowances in lieu of payment of actual moving
and related expenses is entitled to:
1. A dislocation allowance of $200, and
2. The applicable moving expense allowance specified in the
schedule of moving expense allowances maintained by the
Federal Highway Administration.
AN" B. Two or more individuals, not a family, who occupy the same
dwelling are considered to be a single family for the purposes
of this section.
64. FIXED ALLOWANCE-PROFIT AND NON-PROFIT BUSINESS
A. A displaced person who conducts a business other than an
advertising business as described in section 49 which meets the
requirements of paragraph B or C of this section may elect to
receive a fixed allowance In lieu of actual moving and related
expenses equal to the average annual net earnings of the
business computed in accordance with section 66 but not less
than $2,500 nor more than $10,000.
B. A business conducted for profit qualifies for payment under this
section if it, in the opinion of the Commission, w`
Ic
1. During the two taxable years Immediately preceding
displacement has:
a. average gross receipts of at least $2,000 in value;
b. average annual net earnings of at least $1,000 in
value; or
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c. contributes to at least 33-1/3 percent of the average
gross income of the displaced person;
2. Cannot be relocated without substantial loss of existing
patronage, taking into consideration:
a. the type of business;
b. the nature of its clientele;
c. the relative importance of displacement and proposed
relocation sites for the business; and
3. Is not part of a commercial enterprise having at least one
other establishment engaged in the same or similar business i
which is not being acquired by the Commission.
C. The business conducted by a non-profit organization qualifies
for payment under this section ifs in the opinion of the
Commission, it:
1. Cannot be relocated without substantial loss of existing
patronage, taking into consideration the persons,
community, or clientele served or affected by the business;
and
2. Is not part of a commercial enterprise having at least one
other establishment engaged in the same or similar business
which is not being acquired by the Commission.
D. Separate legal entities, all of which have been or will be
acquired, shall be eligible for a single payment in lieu of
moving and related expenses if they actually constitute only one
business. In determining whether two or more legal entities
constitute a single business, the following factors, among
others, shall be taken into consideration.
1. The extent to which the same premises and equipment are
shared;
2. The extent to which substantially identical or intimately
interrelated business functions are pursued and business
and financial affairs are co-mingled.
3. The extent to which the entities are held out to the
public, and to those customarily dealing with such
entities, as one business;
4. The extent to which the same person or closely related
persons own, control, or manage the affairs of the
entities.
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65. FIXED ALLOWANCE--FARM OPERATION
A. A displaced person who conducts a farm operation and elects to
receive a fixed allowance in lieu of actual moving and related
expenses is entitled to a fixed amount equal to the average
annual net income of the farm operation computed in accordance
with section 66, but not less than $2,500 nor more than $10,000.
Each farm operation shall be subject to the criteria established
in section 64(B)(1).
B. In the case of a partial acquisition and displacement of a farm
operation, the fixed allowance described in paragraph A of this
section may be paid only if the Commission determines that:
1. The displaced activity was a farm operation before the
acquisition of the displacement site;
2. The acquisition caused the displacement of the farm
operation from the remaining land; or
3. The acquisition caused such a substantial change in the
nature of the farm operation as to constitute a
displacement.
66. COWUT I NG AVER)M ANNUAL NET I NC01E-BUS 1 NESSES AND FARM OPERATIONS
For the purposes of this section, the average annual net earnings is
one-half of any net earnings of a business or farm operation before
federal, state, and local income taxes during the two taxable years
immediately prceding the taxable year in which it was displaced. Net
earnings include any compensation obtained from the business or farm
operation by its owner, his spouse, or dependents. However, when a
business or farm operation has no average annual net earnings or has
an average annual net deficit, the person who conducts the business
or farm operation may receive a $2,500 payment if he is otherwise
eligible for payment under section 64 or 65.
67. RULES IN CONSIDERING FIXED ALLOWANCES--BUSINESS AND FARM OPERATIONS
A. If the Commission finds that the two tax years immediately
preceding displacement are not representative or if a business
or farm operation has not been in operation that long, it may
prescribe some other time period for computing average annual
net earnings.
B. If the Commission finds that*the criteria established in section
64(6)(1) or 65(B) creates an inequity in a particular case, it
may prescribe other criteria.
C. If a displaced person who conducts a business or farm operation
elects to receive a fixed payment under this section, the
displaced person shall provide proof of earnings from the
business or farm operation to the Commission. Proof of
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+ F:
1
earnings may be established by income tax returns, certified
financial statements, or other similar evidence satisfactory to i.
the Commission.
68. REAL PROPERiT ACQUIRED BY THE COMMISSION
In no event shall a displaced person be entitled to payment for
moving or other related expenses with respect to property which is
acquired by the Commission as part of the real property. C
t
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69-70 (RESERVED)
i
F. RED KE HOUSING PAYMMM
71. SCOPE
S
This subpart prescribes the requirements governing payment for
replacement housing for individuals and families displaced by
projects which are administered by the Tualatin Development
Commission.
72. PURCHASE OF A DECENT, SAFE, AND SANITARY DWEI-LING
A displaced tenant or home owner "purchases" a dwelling within the
meaning of this subpart when he:
a. acquires an existing dwelling
b. rehabilitates a substandard dwelling which he owns or
acquires
c. relocates a dwelling which he owns or acquires
d. relocates and rehabilitates a substandard dwelling
which he owns or acquires
e. constructs a new dwelling on a site which he owns or
acquires
f. contracts to purchase a dwelling on a site provided by
a builder
g. contracts for the construction of a dwelling on a site
provided by a builder or on a site which he owns or
acquires.
73. OCCUPANCY
A. A displaced tenant or home owner "occupies" a dwelling within
the meaning of this subpart only if the dwelling Is his
permanent place of residence.
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Mimi-
B. If a tenant or home owner contracts for the construction or
rehabilitation of a replacement dwelling, and for reasons not
within his control, the construction or rehabilitation is
delayed beyond the date occupancy is required, the Tualatin
Development Commission may extend the period of eligibility for
a replacement housing payment until the tenant or home owner
occupies the replacement dwelling.
74. INSPECTION OF REPLACEMEW DMELLINS REQUIRED
A. Before making a replacement housing payment to a displaced
home owner or tenant or releasing a payment from escrow, as the
case may be, the Tualatin Development Commission shall inspect
the replacement dwelling to determine whether or not it meets
the criteria for decent, safe, and sanitary dwellings. The
Tualatin Development Commission may use the services of any
public agency ordinarily engaged in housing inspection to
conduct the inspection required by this section.
B. A determination by the Tualatin Development Commission.that a
dwelling meets the criteria for decent, safe, and sanitary
housing is solely for the purpose of this subpart and is not a
representation for any other purpose.
75. APPLICATION AND PAYMENT
A. Upon application by a displaced home owner or tenant who meets
the requirements of this subpart for a replacement housing
payment, the Tualatin Development Commission shall:
1. if he has purchased or rented and occupied a decent, safe,
and sanitary dwelling, make the payment directly to him, or
at his option, to the seller or lessor of the decent, safe,
and sanitary dwelling; or
2. if he has purchased or rented but not yet occupied a
decent, safe, and sanitary dwelling, upon his request make
the payment into an escrow account.
B. The application must be in writing and filed with the Tualatin
Development Commission within a year after the date of
displacement.
76. ELIGIBILITY
A. A displaced home owner Is eligible for a replacement housing
payment under section 77 or 78 (A) if the displaced homeowner:
1. Qualifies as a displaced person under section 2;
` 2. Actually owned and occupied the acquired dwelling for at
least one hundred eighty consecutive days Immediately
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before tho initiation of the negotiations for the property
or the issuance of a written notice of intent to acquire
the property by a definite date as the case may be;
3. In the case of a payment under section 77, purchases and
occupies, or In the case of a payment under section 78(A), f
rents and occupies a decent, safe, and sanitary dwelling
within one year after the latest of the following events:
a. he receives final payment for the acquired dwelling;
b. In the case of a condemnation suit, the Tualatin
Development Commission deposits the required amount In
court for the benefit of the owner; or
c. he is required to move from the acquired dwelling.
B. A displaced home owner who is not eligible for a replacement I
housing payment under section 77 is eligible for payment under
section 78 if he:
1. Qualifies as a displaced person under section 2; I.
2. Actually owned and occupied the acquired dwelling for at
least ninety consecutive days immediately before the
initiation of negotiations for the property or the issuance
of a written notice of intent to acquire the property by a
definite date, as the case may be; and
3. Rents or purchases and occupies a decent, safe, and
sanitary dwelling within-one year after the latest of the
following events:
a. he receives final payment for the acquired dwelling;
b. In the case a condemnation proceeding is instituted,
the Tualatin Development Commission deposits the E
required amount in court for the benefit of the owner;
or
c. he is required to move from the acquired bwelling.
C. A displaced tenant is eligible for a replacement housing payment
under section 78 if the displaced tenant: p
4
1. Qualifies as a displaced person under section 2;
2. Actually lawfully occupied the acquired dwelling for at
least ninety consecutive days immediately before the
initiation of negotiations for the property or the issuance
of a written notice of intent to acquire the property by a
definite date, as the case may be; and
3. Rents or purchases and occupies a decent, safe, and
sanitary dwelling within one year after the date he Is i
1
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required to move from+ the acquired dwelling, or if earlier,
the date he actually moved.
D. For the purposes of paragraphs (A)(2) and (B)(2) of this
section, If a home owner inherits an interest in a dwelling by
devise or operation of law, his tenure of ownership includes
the tenure of the preceding home owner, if in fact the preceding
home owner and the person receiving the payment actually lived
in the dwelling for the required time.
77. REPLACEMENT HOUSING-PLIMASE PRICE
A displaced home owner who is qualified under section 76(A) Is
entitled to a replacement housing payment of not more than $15,000.
Within that limitation the payment includes the following amounts:
a. subject to the requirements of section 80, if the
reasonable cost of a comparable replacement dwelling is
more than the acquisition price of the acquired
dwelling, the difference between theca;
b. If there was a bona fide mortgage which constituted a
valid Ilen on the acquired dwelling for at feast one
hundred eighty days before the initiation of
negotiations for the acquired dwelling and if the cost
of financing the purchase of a replacement dwelling
includes increased interest costs, an amount to
compensate for that increase as provided in section 83;
c. an amount necessary to cover Incidental expenses on the
purchase of a replacement dwelling, but not including
prepaid expenses as provided in section 83.
78. REPLACEIENr HODS I MG PAYMUTS--RENT AND D01 WAYWWS
A displaced home owner or a displaced tenant who qualified under
section 76 is entitled to a replacement housing payment of not more
than $4,000. Within that limitation, the payment is that amount
necessary for:
a. the home owner who qualified under section 76(A) to
rent a comparable replacement dwelling for a period of
not more than four years subject to the requirements of
section 85 and 86; or
b. the home owner who qualifies under section 76(B) or the
tenant who qualifies under section 76(C) to:
1) rent a comparable replacement dwelling for a period
of not more than tour years subject to the
requirement of sections 85 and 86; or
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2) make the down payment required for a conventional
loan, including Incidental expenses as provided in
section 84, on the purchase of a comparable
replacement dwelling subject to the requirements of
section 90.
79. RULES l'OR CONSIDERING LAND VALUES
In determining the amount of a replacement housing payment under
section 77(A), the following rules apply:
a. If the acquired dwelling Is located on a tract typical
for residential use in the area, the maximum amount
payable is the probable selling price of a comparable
replacement dwelling on a tract typical for the area
less the acquisition price of the acquired dwelling;
b. if the acquired dwelling Is located on a tract larger
or smaller than typical for residential use in the
area, the maximum amount payable is the probable
selling price of a comparable replacement dwelling on a
tract typical for residential use in the area less the
acquisition price of the dwelling assuming it is
located on a tract typical for the area;
c. If the acquired dwelling is located on a tract that has
a use higher and better than residential, the maximum
amount payable is the probable selling price of a
comparable replacement dwelling on a tract typical for
residential use In the area less the acquisition price
of that portion of the acquired land which represents a
tract typical for residential use In the area;
d. the Tualatin Development Commission shall determine
with respect to each project or acquisition what area
a tract typical for the area has.
80. LIMITATIONS-PAYMENT FOR PURCHASE PR i CE
A. The price established as the reasonable cost of a comparable
replacement dwelling under section 81 sets the upper limit of
the differential amount payable under section 77(A). To qualify
for any amount, the home owner must purchase and occupy, a
decent, safe, and sanitary dwelllnc; higher In price than the
acquired dwelling.
B. If the home owner voluntarily purchases and occupies a decent,
safe, and sanitary dwelling at a price less than the reasonable
cost established for a comparable replacement dwelling, the
amount payable under section 77(A) Is that amount required to
pay the difference between the acquisition price of the acquired
dwelling and the actual purchase purchase price of the decent,
safe, and sanitary dwelling.
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81. REASONABLE COST OF ODWARABLE REPLACEMM DMB.L I NB
In determining the reasonable cost of a comparable replacement
dwellings the Tualatin Development Commission shall use one of the
following methods:
1. It may establish a schedule of reasonable acquisition costs
for the various types of comparable replacement dwellings.
This schedule must be based on a current analysis of the
market to determine a reasonable cost for each type of
dwelling to be purchased.
2. The Tualatin Development Commission may determine the
reasonable cost of a comparable replacement dwelling by
examining the probable selling prices of at least three
comparable replacement dwellings. Selection of the
dwellings must be made by a qualified employee or agent of
the Tualatin Development Commission who is familiar with
real property values and current real estate transactions.
3. If the Tualatin Development Commission finds that the
methods described in paragraph (a) and (b) of this section
are not feasible for determining the reasonable cost of a
comparable replacement dwelling, it may take other
appropriate action or use other appropriate methods.
82. OWNER RETENTION
A. If a displaced home owner elects to retain, move, and occupy his
dwelling, the amount payable under section 77(A) is the
difference between the acquisition price of the acquired
dwelling and the sum of:
1. The moving and restoration expenses;
2. The cost of correcting decent, safe, and sanitary
deficiencies, if any; and
3. The actual purchase price of a comparable relocation site.
B. The amount computed in accordance with paragraph A of this
section is subject to the Iimitations prescribed in section 80.
83. INCREASED INTEREST COSTS
A. The amount payable for increase interest costs under section
77(B) is:
1. The present value of the difference in interest costs and
other debt service costs, including points paid by the
purchaser charged for refinancing an amount equal to the
new mortgage or the balance of the mortgage on the acquired
dwelling at the time of acquisition, whichever is less,
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over a period equal to the term of the new mortgage or the
remaining term of the mortgage on the acquired dwelling
whichever Is shorter.
B. For purposes of computing increased interest costs, the
following rules apply:
1. The Interest charge on the new mortgage may not exceed the
prevailing interest rate currently charged by mortgage
lending institutions in the area in which the replacement
dwelling 1s located.
2. The present value of the increased interest cost must be
computed at the prevailing interet rate paid on saving
deposits by commercial banks in the area in which the
replacement dwelling is (coated.
3. Purchaser's points or origination fees, or both, may be
A added to the increased interest costs upon approval by the
appropriate Tualatin Development Commission official.
f
4. Sellerts points may not be added to the increased interest
costs.
84. INCIDENTAL EXPENSES ~f
The incidental expenses payable under section 77(C) or section ¢
78(8)(2) are the amounts necessary to compensate the home owner or
tenant for actual costs incurred incident to the purchase of a
decent, safe and sanitary dwelling, including the following:
a. legal closing costs, including title search, preparing
conveyance instruments, notary fees, surveys, preparing
plats and charges incidental to recordation I`
b. lender or FHA or VA appraisal fee
c. lender or FHA or VA application fee
d. certification of structural soundness when required by5
the lender, FHA or VA
e. credit report
f. title policies or abstract of title
i'
g. escrow agents fee
h. state revenue stamps or sale or transfer taxes
k
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85. COWUTATION OF RENTAL PAYMENTS-TENANTS
Except as provided in section 87 the amount payable to a displaced
tenant for rent under sections 78(A) or 78(8)(1) Is 48 times the
reasonable monthly rent for a comparable replacement dwelling less 48
times the average months rent paid by the displaced tenant for the
last three months before initiation of negotiations for the acquired
dwelling if that rent was reasonable and if not reasonable, 48 times
the monthly economic rent for the dwelling unit as established by the
Tualatin Development Commission.
86. COMPUTATION OF RENTAL PAYMENTS-HOME OWNERS
Except as provided in section 87 the amount payable to a displaced
home owner for rent under section 78(A) or 78(13)(1) is 48 times the
reasonable monthly rent for a comparable replacement dwelling less 48
times the monthly economic rent.
87. LIMITATION OF RENTAL PAYMENT
A. The rent established as the reasonable monthly rent under
section 88 for a comparable replacement dwelling, sets the upper
limit of the differential amount payable under section 85 and
section 86. To qualify for any amount, the displaced home owner
or tenant must rent and occupy a decent, safe and sanitary
dwelling, higher in rent than the rent or economic rent at the
acquired dwelling.
B. If the displaced home owner or tenant voluntarily rents and
occupies a decent, safe and sanitary dwelling at a rent less
than the reasonable monthly rent established for a comparable
replacement dwelling, the amount payable under section 85 and 86
Is that amount required to pay the difference between 48 times
the average monthly rent or economic rent of the acquired
dwelling and 48 times the actual monthly rent paid for the
decent, safe and sanitary dwelling.
88. DETERMINING REASONABLE EDN HLY RENT
The Tualatin Development Commission may establish a schedule of
monthly rents for each type of dwelling required. The schedule must
be based on a current analysis of the available private market. In
determining the reasonable monthly rent for a comparable replacement
dwelling for the purposes of section 85 and 86, the Tualatin
Development Commission shall use one of the following methods:
1. The Tualatin Development Commission may determine a
reasonable monthly rent by examining the rent of at least
three comparable replacement dwellings.
2. If the Tualatin Development Commission finds that the
method described in paragraph 1. of this section is not
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feasible, the Commission may use other methods to determine
a reasonable monthly rent for Its schedule of monthly rents
for comparable dwellings.
89. RENTAL PAYMENTS. METHOD OF PAYMENT
Rental payment under section 78(A) must be made in installments if
requested by the displaced person.
90. COMPUTATION OF DOWN PAYMENTS
The amount payable to a displaced hcane owner or tenant for a
down payment and incidental expenses under section 78(B)(2) is the
full amount of the first $2,000 of the required down payment and
incidental expenses plus one-half of any amount required over $2,000.
However, the home owner or tenant shall provide the other half of any
amount over $2,000.
91. DOWN PAYMENTS
A. The amount payable to a displaced person or tenant under section
90 sets the upper limits of a down payment under section
78(B)(2) and shall be the required down payment for financing a
conventional loan on a comparable dwelling or the required down
payment for financing the conventional loan on the replacement
dwelling actaully purchased, whichever Is less.
B. A displaced home owner or tenant shall apply the full amount of
the payment to which he Is entitled under section 78(6)(2) to
the down payment and incidental expenses described In the
closing statement.
92. PROP I S i ONAL PAYMENT PENDING CONDEMNATION
If the exact amount of a replacement housing payment cannot be
determined because of a pending condemnation suite, the Tualatin
Development Commission may make a provision for replacement housing
payment to the displaced hor,~e owner equal to the difference between
the Commisslon's maximum offer for the property and the reasonable
cost of a comparable replacement dwelling, but only If the home owner
enters into an agreement with the Commission that:
a. upon final adjudication of the condemnation, the
replacement housing payment may be recomputed on the
basis of the acquisition price determined by the court;
b. If the acquisition price as determined by the court is
greater than the Commission's maximum offer upon which
the provisional replacement housing payment Is base,
the difference will be refunded to the Commission; and
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c. If the acquisition price as determined by the court is
less than the Commission's maximum offer upon which the
provisional replacement housing payment Is based, the
difference will be paid to the home owner.
93. COMBINED PAYMENTS
A. If a home owner is eligible for a payment under section 77 but
has previously received a rental payment under section 78(A),
the amount of rental payment previously received must be
deducted from any amount that the home owner receives under
section 77.
B. If a home owner or tenant is eligible for a down payment under
section 78(8) but has previously received a rental payment under
section 78(A), the amount of rental payment previously received
shall be deducted from the amount of any down payment that the
home owner receives under section 78(B).
94. PARTIAL USE OF HOME FOR BUSINESS OR FARM OPERATION
A. In the case of a displaced home owner or tenant who has
allocated part of his dwelling for use in connection with a
displaced business or farm operation, a replacement housing
payment may not be paid for that part of the business which is
allocated to the business or farm operation.
B. The eligibility of a home owner or tenant to receive a payment
under section 46 Is not affected by this section.
95. MULTIPLE OCCUPANTS OF A SINGLE DWELLING
A. Where two or more individuals, families, or combination thereof
occupy an acquired dwelling, the replacement housing payment is
based on the cost of a single comparable replacement dwelling.
B. If a single replacement dwelling which meets the requirements of
section 5(A)(1)-(7) is not available on the market, then the
replacement housing payment may be based on the cost of more
than one comparable replacement dwelling.
96. MULTI-FAMILY DWELLING
In the case of a displaced home owner who is required to move from a
one-family unit to a multi-family buildling which he owns, the
replacement housing payment must be based on:
a. the cost of a comparable one family unit in a
multi-family building without regard to the number of
units in the building being acquired; or
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b. If a comparable one-family unit in a multi-family
building Is not available, the cost of a single family
structure.
97. CERTIFICATE OF ELIGIBILITY PENDING PURCHASE
OF REPLACEMENT WELL INS
Upon request by a displaced home owner or tenant who has not yet
purchased and occupied a decent, safe, and sanitary replacement
dwelling, but who is otherwise eligible for a replacement housing F'
payment under this section, the Commission shall certify to any
interest part, financial institution, or lending agency that the
displaced home owner or tenant will be eligible for the payment of a F
specific sum if he purchases and occupies a decent, safe and sanitary
dwelling within the time limits prescribed by sections 76(A)(3),
(B)(3), or (C)(3), as the case may be.
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CBD LAND USES
Permitted Uses
Public Administrative Agency - Public service providers, recordkeeping,
clerical or public contact services that deal directly with the citizen,
together with incidental storage and maintenance of necessary vehicles, and
excludes commercial use type, professional and administrative services. Typical
uses are associated with governmental offices.
Communitv Recreation - Recreational, social, or multipurpose uses typically
associated with parks, playfields, golf courses, or community recreation
buildings.
Cultural Exhibits and Library Services - Museums, exhibition of objects in one
or more of the arts and sciences, gallery exhibition of works of arts, or
library collection of books, manuscripts, etc., for study and reading.
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Lodges, Fraternal, and Civic Assembly - Meetings and activities primarily
conducted for the members of a particular group. Excluded from this use type
are uses classified as group residential, group care and transient lodging (all
types). Typical uses include meeting places for civic clubs, lodges, or
fraternal or veterans organizations.
Parking Facilities - Parking services involving garages and lots, excluding
required parking lots within the same lot of a particular development or use.
Postal Services-- Mailing services and processing as traditionally operated or
leased by the United States Postal Service, United Parcel Service and other
postal services.`
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Public Safety Services - Providing of protection by a district or entity x
pursuant to fire, life, and safety code sections together with the incidental..
storage and maintenance of necessary vehicles. Typical uses include fire
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stations, police stations, and ambulance services.
Public Support Facilities - Services which are necessary to support uses '
allowed outright in the underlying zone and involves only minor structures
such as power lines and poles, phone booths, and fire hydrants as well as bus F.:
stops, benches, and mailboxes which are necessary to support the principal
development.
Religious Assembly - Religious services involving public assembly such as
customarily occurs in synagogues, temples, and churches.
Amusement Enterprises - Establishments or places primarily engaged in the
provision of entertainment or recreation which require less personal physical
activity than those uses included in indoor participant sports and recreation.
Typical uses include billiard parlors, bowling alleys, arcades and electronic.
game room facilities, or movie theaters.
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Animal Sales and Services - (1) Grooming of digs, cats and similar small
animals. Typical uses include dog bathing and clipping salons or pet grooming
shops. (2) Veterinary services for small animals. Typical uses include pet
clinics, dog and cat hospitals, of animal hospitals for small animals.
Automotive and Equipment - (1) Washing and polishing of automobiles. Typical
uses include auto laundries or car washes. (2) Repair of automobiles and the
sale, installation, and servicing of automobile equipment and parts, automotive
painting, but excluding body repairs and painting. Typical uses include muffler
shops, auto of motorcycle repair garages, including welding or auto glass
shops.
Building Maintenance Services - Establishments primarily engaged in the
provision of maintenance and custodial services. Typical uses include
janitorial, landscape maintenance, or window cleaning services.
Business Equipment Sales and Services - Establishments primarily engaged in the
sale, rental, or repair of equipment and supplies used by office, professional
and service establishments to the firms themselves rather than to individuals,
but excludes automotive, construction, and farm equipment. Typical uses include
office equipment and supply firms, small business machine repair shops of hotel
equipment and supply firms.
Business Support Services - Establishments primarily engaged in the provision
of service of a clerical, employment, protective, or minor processing nature to.
firms rather than individuals, and where the storage of goods other than
samples is prohibited. Typical uses include secretarial services, telephone
answering services, or blueprint services.
Communication Services - Establishments primarily engaged in the provision of
broadcasting and other information relay services accomplished through the use
of electronic and telephonic mechanisms but excludes those uses classified as
utilities. Typical uses include television studios, telecommunication service
centers, or telegraph service offices.
Convenience Sales and Personal Services - Small, neighborhood oriented retail
businesses which provide for the daily needs of nearby residents. Typical uses
include neighborhood grocery stores, drugstores, laundkomats, dry cleaners,
barber shops and beauty salons.
Eating and Drinking Establishments - Establishments primarily engaged in the
sale of prepared food and beverages for on-premises consumption. Typical uses
include fast order food with or without drive-up facilities and sit-down eating
establishments, taverns, bars, and lounges.
Financial. Insurance and Real Estate Services - Establishments primarily
engaged in the provision of financial, insurance, real estate, or securities
brokerage services. Typical uses include banks, savings and loans, insurance
agencies, or real estate firms.
Food and Beverage Sales - Establishments primarily engaged in retail sale of
food and beverages for home consumption. Typical uses include groceries,
delicatessens, or liquor stores.
Medical and Dental Services - Establishments primarily engaged in the provision
of personal health services ranging from prevention, diagnosis, and treatment,
or rehabilitation services provided by physicians, dentists, nurses, and other
health personnel as well as the provision of medical testing and analysis
services, but excludes those classified as any civic use or group
residential/group care use types. Typical; uses include medical offices, eye
care offices, dental offices, and laboratories, or health maintenance
organizations.
Participation Shorts and Recreation - Establishments primarily engaged in the
provision of sports or recreation by and for participants. Any spectators would
be incidental and on a nonrecurring basis.
(1) Indoor - Typical uses include indoor tennis courts, racquetball courts,
swimming pools or physical fitness centers.
(2) outdoor - Typical uses include driving ranges, miniature golf courses,
tennis courts, or swimming pools.
Personal Services - Establishments primarily engaged in the provision of
informational, instructional; personal improvement, and similar services of a
nonprofessional nature but excludes services classified under spectator sports,
and entertainment facilities, participant sports, and recreation or transient
lodging. Typical uses include photography studios, driving schools, and trade
schools, or reducing salons.
Professional and Administrative Services - Offices of private firms or
organizations which are primarily used for the provision of professional,
executive management, or administrative offices, legal offices, architectural,
or engineering firms.
Consumer Repair Services - Establishments engaged primarily in the provision of
repair services to individua Is. and households rather than firms, but excluding
automotive and equipment use types. Typical uses include appliance repair
shops, apparel repair firms, musical instrument repair firms, and shoe repair
shops.
General Retail Sales - The sale or rental of commonly used goods and
merchandise for personal or household use, but excludes those classified as
agricultural sales, animal sales and services, construction sales and services,
food and beverage retail sales, and vehicle fuel sales. Typical uses include
department stores, apparel stores, furniture stores, pet stores, or bookstores.
Transient Lodging - Establishments primarily engaged in the provision of
lodging services on a temporary basis with incidental food, drink , and other
sales and services intended for the convenience of guests. Typical uses
include hotels, motels, or bed and breakfast houses.
Single-family Attached Residential Units - Dwelling units attached side by side
but on separate lots with some structural parts in common at a common property
line.
Multiple-family Residential Units - A structure containing at least three
dwelling units in any vertical or horizontal arrangement located on a single
lot. (at a density of 40 units per acre except in the area south of Fanno Creek
which is designated for 12 units per acre with planned development.
Conditional Uses
Adult Entertainment - Establishments which are engaged in the provision of
books, magazines, or other material distinguished of characterized by an
emphasis on matters depicting specified sexual activities or specified
anatomical areas as defined in Section 18.26.030. Typical uses include adult
bookstores, adult motion picture theaters, and topless, bottomless, or nude
dance halls.
Automotive and Equipment Sales/Rental, Light..Eguipment - Sale, retail or
wholesale and/or rental from the premises of autos, noncommercial trucks,
motorcycles, motorhomes and trailers with less than 10,000 pounds gross cargo
weight together with incidental maintenance. Typical uses include automobile
dealers, car rental agencies, of recreational vehicle sales and rental
agencies.
Day Care Facilities - Facilities authorized , certified of licensed by the
state for children's day care of 12 or more children at any one time for a
period not to exceed 12 hours per day with or without compensation.
Utilities - Services which have a substantial visual impact on and area.
Typical uses are sanitary landfills, airports, detention and correction
institutions, mass transit waiting stations or turnarounds, electrical and gas
distribution substations, radio microwave, telephone transmitters, and cable
TV receivers and transmitters.
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Heliports - In accordance with the Aeronautics Division of ODOT and the FAA.
Hospitals - Institutions where the ill or injured may receive medical,
surgical, or psychiatric treatment as well as nursing care, food, and lodging
during their stay.
Spectator Sport and Entertainment Facilities - Establishments engaged primarily
in the provision of cultural, entertainment, athletic, and other events to
spectators. Typical uses include convention centers, and sport stadiums.
Group Care Residential - Facilities authorized, certified or licensed by the
state to provide board, room, and care to six or more physically disabled,
mentally disordered, mentally retarded, handicapped persons, dependents or
neglected children, but excluding those classified under hospitals. Typical
uses include intermediate care facilities and institutions for the mentally
retarded and physically handicapped.
Vehicle Fuel Sales - Establishments primarily engaged in the retail sale from
the premises of petroleum products with incidental sale of tires, batteries,
and replacement items, lubricating services, and minor repair services. Typical
uses include automobile service stations, filling stations, or truck stops.
Wholesale, Storage and Distribution - Establishments primarily engaged in
wholesaling, storage, distribution, and handling of materials and equipment
other than live animals and plants.
(1) Wholesaling, storage,and warehousing services within enclosed structures.
Typical uses include wholesale distributors, storage warehouses, or moving and
storage firms.
(2) Warehouse service within a building primarily for individuals to store
personal effects and businesses to store materials for operation of and
industrial or commercial enterprise located elsewhere (Miniwarehouses)
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City Center Development Plan and Report Q(,
PROPOSED ADDITIONS jj
April 10, 1989
HISTORIC PRESERVATION:
Plan page 11 - J. To ensure that the protection of significant historic
and cultural resources is considered in implementation
of the City Center Development Plan.
Plan page 13 - 3.7.1 The City shall identify and promote the preservation
and protection of historically.and culturally significant
structure, site, obiects and districts within Tigard.
GREENBURG ROAD EXTENSION:
Plan page 19 - Greenburg Road Extension. Provide a more direct connection
between Greenbu-ra Road and Sall Blvd. south of Pacific Hwy. .
Should'Council consensus be to add this project to the City Center Development
Plan, Council should direct staff to prepare a cost estimate and amend the City
Center Development Report. Council should also discuss the proposed timing of
this project for inclusion in the report.
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City Center Development Plan and Report
PROPOSED REVISIONS
April 10, 1989
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Items to be added are underlined, items to be deleted are shown in [brackets].
Plan page 5 - 212. "NEW PROJECT"
New project means a that project [either] has a substantially
different function than the project it replaces [and] or has
significant economic, environmental, social or physical
impacts not prviously considered by the Development Agency.
Minor changes in design, function or cost shall not constitute f,.
a new project.,
Plan page 12 - Policy 3.5.3
The City [shall designate] has designated the 100-year '
floodplain of Fanno Creek, its tributaries, and the Tualatin
River as greenway, which will be the backbone of the open[-]
space system. Where landfill and/or development are allowed
within or adjacent to the 100-year floodplain, the City shall
require the dedication of sufficient open land area for
greenway adioining and within the floodplain
Plan page 15 - 501. LAND USE DESIGNATIONS
The land use designations of the City's Comprehensive Plan
which affect the City Center Development Area are described
[on Exhibit B of this plan and are described] in Chapter
18.66 of the City's Development Code, which is incorporated
by reference. The purpose of the CBD zoning district is to
provide for a concentrated, central commercial office retail
area which also provides civic, high density residential and
mixed uses. tt
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Plan page 19 - 2. Burnham Street. x
Realign and improve westerly section to intersect Main Street
opposite Tigard Street and improve to include landscaping,
sidewalks, street furniture, decorative lighting standards to
match or complement Main improvements. Improve balance of !
Burnham easterly to Hall Boulevard. Accomodate the potential
for light rail in the design of Burnham Street
Plan page 20 - Mini Parks
[Mini Parks] Landscaped Areas Provide for the development of
[mini parks,] special landscaped areas adjacent to streete
and pedestrian ways, particularly along Burnham. Encourage
private property owners to participate significantly in
these projects.
Plan page 22 - 602. ACQUISITION OF REAL PROPERTY, A. AUTHORIZATION
Add to the end of the paragraph:
Possible property acquisition locations for some Projects
identified in this Plan are Shown on "Exhibit B". Actual
properties to be acquired will be identified Prior to project
implementation and, if different from those shown on Exhibit
"B", will be processed as minor amendments to the Plan under
Section 1201. of this Plan.
Plan page 34 - 1202. SUBSTANTIAL CHANGES
A. An increase [or decrease of] in the land area within the
boundaries of the development area;
B. An increase in the [effective period) duration of [this]
the Plan, as described in Section 1301;
Plan page 36 - 1301. DURATION OF DEVELOPMENT PLAN
This Plan shall remain in full force and effect for a period
of not more than sixteen (16) years from the effective date of
-this Plan or from July 1, 1990, whichever is later and that
period of time necessary to retire any debt. Any extension
beyond sixteen (16) years shall require an authorized
extension and shall be considered as a substantial change-
pursuant to Section 1203.
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Report page 24 - Revise description of Tigard Public Square to read:
"The Tigard Public Square would be a a servtng-
as the focal point for commercial, cultural, and social
activity for the city center area. It would be supported by
adjacent shopping space and a Majaz public parking. facility.
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of 4- envisioned A n the_desIgn ztmd-- was used.
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ndseaping, .st
The actual location and configuration of the square would be
determined at a later date.
Report pages 19 - 27 Addition of sewer relocations, reconstruction or repair.
Staff will revise project descriptions in the City Center
Development Report to include sewer line relocations,
reconstruction, or repair as an eligible improvement as
part of street improvement projects.
City Center Development Plan and Report
PROPOSED DELETIONS
April 10, 1989
PROJECTS:
Restrooms Plan, page 21
Entryways Plan, page 20
Tigard Square Plan, page 21
Community Center Plan, page 20
Should Council consensus be to delete any of the above listed projects from the
City Center Development Plan, council should direct staff to make the
appropriate revisions to the City Center Development Report at the time the
Report is accepted.
EXHIBIT "1399
CITY CENTER PROJECTS AND ACTIVITIES
POSSIBLE PROPERTY ACOUISITION LOCATIONS
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1 Burnham Street Realignment (exact alingeent to be determined)
2 Burnham-Ball intersection
euroham Street Improvement
Burnham street =nhancansnt
A =ntayway Development. Landscaping and Landmark Structures
Faaao Park Development
Ball and Pacific Intersection Improvement (location to be determined)
Public Parking Facilities
Amb Avenue Improvements (exact alignment to be determined)
Building Rehabilitation Assistance
Oosaarcial Street Improvements
• Pacific Highway Ramp to Tigard Street (location to be determined)
Tigard Public Square Development (location to be detmrai.oaa)
• Community Center Building (location to be determined)
Sall Boulevard Rnhancament
Public Raetroom FacLILtiee (exact location to be determined)
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