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City Council Meeting Notices - 06/12/2012 City of Tigard, Oregon NI Affidavit of Posting T I GARD In the Matter of the Proposed Ordinance(s) 1 ? D y Q, �✓ 1 .2 _ D — STATE OF OREGON ) County of Washington ) ss. City of Tigard ) 1 , Avikt r 'ti/ ; / - t- , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I posted in the following public and conspicuous places, a copy of Ordinance Number(s) / a " 0 Li Se / .2 " 05 , which were adopted at the City Council meeting of U `L/ / saf .7a/_2.-, with a copy(s) of said Ordinance(s) being hereto attached and y reference made a part hereof, on the / 3 day of J ii -L , 20 /1 . 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Public Library, 13500 SW Hall Blvd., Tigard, Oregon 3. Tigard Permit Center, 13125 SW Hall Blvd., Tigard, Oregon Signature of Person who Performed Posting Sub Jibed and sworn (or affirmed) before me th � v day of ,20) . 4,141_,.....0. � 1 [!�1"' S ignature of Notary Public for Oreg • f°�•, OFFICIAL SEAL e ( -=-",_":', . �,. CATHERINE D WHEATLEY °"� NOTARY PUBLIC - OREGON 1:ladmcathyYormslpost ordinance 2006.doc �� C OMMISSION NO. 459116 MY COMMISSION EXPIRES AUGUST 04, 2015 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 12 -06 AN ORDINANCE IMPOSING A PRIVILEGE TAX ON PORTLAND GENERAL ELECTRIC COMPANY FOR USE OF CITY RIGHTS OF WAY IN THE PROVISION OF ELECTRIC SERVICE. WHEREAS, the City Council enacted Ordinance No. 93 -07, granting a renewal of the franchise of Portland General Electric Company (PGE) in February 1993, until February 2013, and setting the franchise fee to be paid for use of City rights of way at 3.5% of gross revenues earned by PGE in the provision of electric service in the City; and WHEREAS, pursuant to Ordinance No. 93 -07 Section 10(k), the City retains the right, as permitted by Oregon law, to charge a privilege tax in addition to the franchise fee set forth in the franchise Ordinance in an amount not to exceed 1.5% per annum based on the defined gross revenues of the company; and WHEREAS, the City Council deems it to be in the public interest to increase the annual fee paid by PGE for use of City rights of way to 5 %, as provided by Oregon law. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: There is hereby imposed a 1.5% per annum privilege tax to be paid by Portland General Electric Company in addition to the existing 3.5% franchise fee, in order to reach a combined annual fee total of 5% per annum of the gross revenues earned by PGE in the provision of electric service in the City of Tigard. SECTION 2: This ordinance is effective thirty days after its passage by the council, signature by the mayor, and posting by the city recorder. PASSED: By U n a CL4 fO11 vote of all, Council members present after being read by number and tide only, this i c) ` day of�- �(1 4 er , 2012. f '' R C'' P�t_t_n e �•u Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this _____ day f , _ , , 2012. Craig - Hither Gre+chwl C &L e.hner, CbunciL Pr< d e4►t Approved as to form: `1 1 1-44f City Attorne - 'SpGGJaQ. Co urtS6 Date ORDINANCE NO. 12- C? Page 1 I -7111 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL. ORDINANCE NO. 12 -0 AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE SECTION 15.06.100 TO CLARIFY THE PAYMENT SCHEDULE APPLICABLE TO THE RIGHT -OF -WAY USAGE FEE, AND TO INCREASE THE FEE APPLICABLE TO ELECTRIC UTILITIES OPERATING IN THE CITY. WHEREAS, Tigard Municipal Code ( "TMC ") section 15.06.100 currently contains internally inconsistent language and does not reflect provisions in utility franchises regarding the payment schedule for franchise fees; and WHEREAS, TMC Section 15.06.100(5) sets forth the appropriate semi- annual payment schedule for the Right - of -Way Usage fee; and WHEREAS, the City desires to clarify the language of Section 15.06.100 in order to remove any ambiguity or inconsistencies, as well as to recognize that there may be varying payment schedules in individual franchises existing at the time the Right -of- Way Usage Fee provisions were enacted or subsequently granted by the City; and WHEREAS, the City Council deems it to be in the public interest to increase the annual Right -of -Way Usage Fee for electric service providers from 3.5% to 5 %, as authorized by Oregon law. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Municipal Code Section 15.06.100(1) is amended as shown on the attached Exhibit A to specify semiannual payment of the Right -of -Way Usage Fee. SECTION 2: Tigard Municipal Code Section 15.06.100(2) is amended as shown on the attached Exhibit A to amend the annual Right -of -Way Usage Fee for electric service providers by changing the fee amount to 5 %. SECTION 3: This ordinance is effective thirty days after its passage by the council, signature by the mayor, and posting by the city recorder. PASSED: By 1 ,4 - f1 tf \r(t) Us vote . all Council members present after being read by number and title only, this I. t6- day of — ' , 2012. - athy a tley, City R APPROVED: By Tigard City Council this / day of , 2012. , 4.- • f \ AM - 4 C art- k -ehten E, GitchnX Lear c L Pres, kne Approved as to form: � uc. L 1z1I Ci Att orne /r { et,Q �O�ftiS - t Date fi y 5pt ORDINANCE NO. 12- () `T Page 2 Exhibit A Tigard Municipal Code 15.06.100 Right -of -Way Usage Fee. 1. All persons using a utility system or facility in the right -of -way to provide service to customers I within the City of Tigard shall eftwittily-pay a right -of -way usage fee that is the greater of (i) the applicable percentage of gross revenues set forth in subparagraph 2 of this section 15.06.100 or (ii) the linear foot fee set by Council resolution pursuant to subparagraph 3 of this section 15.06.100, subject to any applicable limitations imposed by federal and state statutes, including the privilege tax limitations set forth in ORS 221.410 through 1 221.655, on the schedule set forth in Section 5 below or as specified in a franchise agreement. 2. The right -of -way usage fee percentage applicable to each class of utility shall be as follows: Telecommunications: 5.0% Electric: 3.5% 5.0% Natural Gas: 5.0% Water 5.0% Sanitary Sewer. 5.0% 3. The City Council is hereby authorized to establish by resolution a right -of -way usage fee calculated based on the total linear feet of a utility operator's facilities in the rights of way. 4. Right -of -way usage fee payments shall be net of any franchise fee payments received by the City, but in no case will be less than $0. 5. Unless otherwise agreed to by the City, the right -of -way usage fee shall be payable semiannually on or before March 15 for the six month period ended December 31, and September 15 for the six month period ended June 30. The utility shall pay interest at the rate of nine percent per year for any payment made after the due date. (Ord. 08 -21 -A; Ord. 06 -11) ORDINANCE NO. 12- D y Page 2 * . , .. iiil CCDA ...._ City Center Development Agency City of Tigard, Oregon Affidavit of Posting In the Matter of the Notification of the June 12, 2012 CCDA Meeting STATE OF OREGON) County of Washington) ss. City o • and ) / f I, 00 k jz CL I < , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I posted in ➢ Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon ➢ Tigard Public Library, 13500 SW Hall Boulevard, Tigard, Oregon ➢ Tigard Permit Center, 13125 SW Hall Boulevard, Tigard, Oregon A copy of said Notice being hereto attached and by reference made a part hereof, on the 6 day of 1 L4 K f , 2012. (�. - {L. /2 Signature of Person who Performe otification Subscribed and sworn (or affirmed) before me thisC - =�V day o .vY�� , 2012. c 2 -m.....z...,---, Signature of Notary Public • Greg• OFFICIAL SEAL /;A"0", , CATHERINE D W HEATLEY +� �, ► _ t NOTARY PUBLIC - OREGON COMMISSION NO. 459116 �..! COMMISSION EXPIRES AUGUST 04, 2015 CCDA CITY CENTER DEVELOPMENT AGENCY (CCDA) MEETING 13125 SW Hall Blvd., Tigard, OR 97223 NOTICE OF TIGARD CITY CENTER DEVELOPMENT AGENCY (CCDA) MEETING ON JUNE 12, 2012 Town Hall — 7:30 p.m. • Public Welcome Agenda Item No. 13 — Public Hearing — Consider a Resolution Adopting the Fiscal Year 2012 -13 City Center Development Agency Budget, with Adjustments, Making Appropriations, and Imposing and Categorizing Taxes (Estimated time for this Agenda Item is 9:20 p.m.) Please forward to: ❑ Findlay Merritt, The Oregonian (FMerritt @oregonian.com) ❑ Editor, The Regal Courier (Editor @theregalcourier.com) ❑ Geoff Pursinger, Tigard Times(gpursinger @commnewspapers.com) ❑ Newsroom, The Times (Fax No. 503 - 546 -0724) The CCDA was reactivated by Resolution 05 -32 on May 10, 2005, and will meet occasionally to address issues related to urban renewal. The CCDA, functioning as the city's urban renewal agency, will work on an urban renewal plan designed to facilitate the development and redevelopment of downtown Tigard and possibly other areas within the city. For further information, please contact Deputy City Recorder Carol Krager by calling 503 - 718 -2419. Is/ Carol A. Krager Deputy City Recorder Date: 6/6/2012 Post: Tigard City Hall Tigard Permit Center Tigard Public Library CCDA City of Tigard, Oregon Affidavit of CCDA Notification In the Matter of the Notification of the CCDA June 12, 2012 Meeting STATE OF OREGON) County of Washington) ss. City of Tigard ) I, C n► vr.1 /L rel jer , being first duly sworn (or affirmed), by oath (or affirmation), depose and say: That I notified the following organization by fax : 0/ Newsroom, Tigard Times and the following people /organizations by e -mail: Findley Merritt, The Oregonian (FMerrittna,oregonian.com) Editor, The Regal Courier (Editor@theregalcourier.com) C Geoff Pursinger, Tigard Times(gpursinger @commnewspapers.com) A copy of said Notice being hereto attached and by reference made a part hereof, on the G day of 2012. _9 Signature erson who Performed Notification Subscribed and sworn (or affirmed) before me this ay of , 2012. _ A. / Signature of Notary Public for Oregon OFFICIAL SEAL ItATPIBNINE D WHEATLEY NOTARY PUBLIC - OREGON NMMISSION NO. 459116 RIN &MAW WiRES AUGUST 04, 2015 ** Transmit Confirmation Report ** P.1 Jun 6 2012 03:05pm D.S. S Name /Fax No. Mode Start Time Page Result Note 5035460724 Normal 06,03:04pm 0'27" 1 * 0 K CCDA CITY CENTER DEVELOPMENT AGENCY (CCDA) MEETING 13125 SW Hall Blvd., Tigard, OR 97223 NOTICE OF TIGARD CITY CENTER DEVELOPMENT AGENCY (CCDA) MEETING ON JUNE 12, 2012 Town Hall — 7:30 p.m. • Public Welcome Agenda Item No. 13 — Public Hearing — Consider a Resolution Adopting the Fiscal Year 2012 -13 City Center Development Agency Budget, with Adjustments, Making Appropriations, and Imposing and Categorizing Taxes (Estimated time for this Agenda Item is 9:20 p.m.) Please forward to ❑ Findlay Merritt, The Oregonian (FMetritt@oregonian.com) ❑ Editor, The Regal Courier (Editox@theregalcourier.com) ❑ Geoff Rusinger, Tigard Times (gpursinget@comtnncwapapers.com) ❑ Newsroom, The Tames (Fax No. 503- 546 -0724) The CCDA was reactivated by Resolution 05 -32 on May 10, 2005, and will meet occasionally to address issues related to urban renewaL The CODA, functioning as the city's urban renewal agency, will wort on an urban renewal plan designed to facilitate the development and redevelopment of downtown Tigard and possibly other areas within the city. For further information, please contact Deputy City Recorder Carol Kreger by calling 503 -718 -2419. • /s/ Carol A. Kreger Deputy City Recorder Date: 6/6/2012 Post Tigard City Hall Tigard Permit Center Tigard Public Library f • Carol Krager From: Carol Krager Sent: Wednesday, June 06, 2012 2:53 PM To: 'FMerritt @oregonian.com'; gpursinger @commnewspapers.com; Editor @theregalcourier.com Cc: Webteam; Sean Farrelly; Doreen Laughlin Subject: CCDA will meet on June 12, 2012 Attachments: June 12 2012 CCDA Meeting.pdf The CCDA will consider its 2012 -13 budget at the June 12, 2012 meeting. Please see the attached notice. As always, give me a call if you have questions. Carol Krager Deputy City Recorder City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 (503) 718 -2419 carolkc tgard-or.gov 1 !P di CCDA CITY CENTER DEVELOPMENT AGENCY (CCDA) MEETING 13125 SW Hall Blvd., Tigard, OR 97223 NOTICE OF TIGARD CITY CENTER DEVELOPMENT AGENCY (CCDA) MEETING ON JUNE 12, 2012 Town Hall — 7:30 p.m. • Public Welcome Agenda Item No. 13 — Public Hearing — Consider a Resolution Adopting the Fiscal Year 2012 -13 City Center Development Agency Budget, with Adjustments, Making Appropriations, and Imposing and Categorizing Taxes (Estimated time for this Agenda Item is 9:20 p.m.) Please forward to: ❑ Findlay Merritt, The Oregonian (FMerritt@oregonian.com) ❑ Editor, The Regal Courier (Editor@theregalcourier.com) ❑ Geoff Pursinger, Tigard Times (gpursinger@commnewspapers.com) ❑ Newsroom, The Times (Fax No. 503 - 546 -0724) The CCDA was reactivated by Resolution 05 -32 on May 10, 2005, and will meet occasionally to address issues related to urban renewal. The CCDA, functioning as the city's urban renewal agency, will work on an urban renewal plan designed to facilitate the development and redevelopment of downtown Tigard and possibly other areas within the city. For further information, please contact Deputy City Recorder Carol Krager by calling 503 - 718 -2419. /s/ Carol A. Krager Deputy City Recorder Date: 6/6/2012 Post Tigard City Hall Tigard Permit Center Tigard Public Library