Resolution No. 13-35 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 13-3 5-
A
A RESOLUTION OF THE TIGARD CITY COUNCIL SUBMITTING TO THE VOTERS A
PROPOSED CHARTER AMENDMENT TO BE CONSIDERED AT THE NOVEMBER 5,2013,
GENERAL ELECTION, THAT WOULD AMEND SECTIONS 47 AND 48 OF THE TIGARD
CHARTER RELATING TO URBAN RENEWAL
WHEREAS, the citizens of Tigard approved the City Center Urban Renewal Area Plan ("Plan") in
1996 and the City has been implementing that plan;and
WHEREAS, the City's bond counsel has indicated that ambiguous terms in the City Charter sections
relating to urban renewal areas call into question the City's ability to fully execute the Plan in a manner
consistent with state law;and
WHEREAS, the ambiguous terms in Charter Sections 47 and 48 can be clarified by amending those
sections of the Charter;and
WHEREAS, after due consideration, the Tigard City Council has decided to forward a proposed
Charter Amendment to the voters.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: An election is hereby called in and for the City of Tigard, Washington County,
Oregon, for the purpose of submitting to the legal voters the question:
Should the Charter be amended to clarify urban renewal provisions and conform
with state law?
SECTION 2: The measure election hereby called shall be held in the City of Tigard on the 5ffi day
of November 2013. The election shall be conducted by mail pursuant to
ORS 254.465 and 254.470.
SECTION 3: The Tigard City Council authorizes the mayor, the city manager (each an"authorized
representative") or a designee of the authorized representative to act on behalf of the
City of Tigard and to take such further action as is necessary to carry out the intent
and purposes herein in compliance with the applicable provisions of law.
SECTION 4: Pursuant to ORS 250.275(5), the Tigard City Council directs the city elections officer
to file with the Washington County Elections Office a Notice of City Measure
Election in substantially the form of the attached and incorporated Exhibit A on a
date no earlier than the eighth business day after the date on which Exhibit A is filed
with the city elections officer but in any event,no later than September 5, 2013. The
Washington County Elections Office is required to produce and disseminate a
facsimile of the ballot in accordance with ORS 254.205.
RESOLUTION NO. 13-3�i- 30014-36797 Charter Amendment Resolution and
Erhibits.docxlAW17118/1013
Page 1
SECTION 5: Pursuant to ORS 251.345,the Tigard City Council directs the city manager to prepare
a Measure Explanatory Statement for publication in the county voters'pamphlet;said
statement shall be filed with the Washington County Flections Office at the same
time the Notice of City Measure Election is filed by the city elections officer.
SECTION 6: The Act, containing the frill Charter amendment, is attached hereto as Exhibit B and
incorporated in this resolution by reference.
SECTION 7: This resolution is effective immediately upon passage.
�C/
PASSED: This ,;?3 —day of 2013.
r,
May -City of Tigard
ATTEST:
City Recorder-City of Tigard
RESOLUTION NO. 13-3 S 50014-36797 Charter Amendment Resolution and
Erhthtts.doarl AW17/18/1013
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EXHIBIT A
NOTICE OF CITY MEASURE ELECTION
Secretary of State Elecuws Dwism 1255 Capitol St,NE,Suite 501,Salem,OR 973161 p.503.986.15181 f,503,373 74141 w rworegwwzos org
Notice of City Measure Election SEL 802
1 27S CAS l
i
City and Notice Information
Notice is hereby given on 20 13 ,that a measure election will be held in
City of Tigard Oregon on November 5 '2013.
Name of CM or Cities Date of Election
f The following shall be the ballot title of the measure to be submitted to the city's voters:
Caption 10 words
Charter amendment to clarify urban renewal provisions.
j Question 20 words
Should the Charter be amended to clarify urban renewal provisions and conform with state law?
i
i
3
t
Summary 175 words
l
In 2006, Tigard voters approved the City Center Urban Renewal Plan (,Plan"). It has recently come to
I the attention of the City that state law changes adopted after the urban renewal provisions of the
Charter were passed have created ambiguities in the Charter that need to be resolved in order to
i conform the Charter with state law and allow the City to obtain bonding necessary to fully implement
I the Plan.
i
This measure, if approved,would resolve those ambiguities to conform the Charter with state law and
I allow the City to obtain bonding for the Plan. The portions of the urban renewal provisions in the
Tigard Charter requiring that voters approve any amendment to the Plan that would impose additional
f property taxes outside the urban renewal area would remain in effect. Voter approval would also still
I be needed to authorize any new urban renewal plan.
I
The following authorized city official hereby certifies the above ballot title is true and complete,which includes publication
of notice and the completion of the ballot title challenge process.
1
Signature of Authorized City Official not required to be notarized Date Signed mmhld/yy
Printed Name of AutMdzed City Official Title
Exhibit A 50014-36797 Charter Amerudment Resolution and
Exhibits.docx'WV17/18/10!3
EXHIBIT B
AN ACT
A Charter amendment submitted to the voters by the Tigard City Council. The Charter of the City
of Tigard is amended to read (new language is underlined, deleted language is stricken) as shown
below and referenced in City of Tigard Resolution No. 13-
Section 47.
After November 6.2013.Ghe City shall not approve an urban renewal plan or an amendment of
an urban renewal plan-W-sem that initiates the use of tax increment financing as a
permissible method mewts of paying the debts and obligations of the agency unless,prior to the
activation and implementation of such tax increment financing, such method is approved by the
voters of the City at a regular or special City election held in May or November.The City Center
Urban Renewal Plan dated December 6,2005,initiated the use of tax increment finanClnQ
and is deemed to be approved in its entirety for purposes of this Section 47.
Section 48.
Any urban renewal plan or amendment thereof hereafter proposed or adopted shall require that the
plan,including the method of financing same, shall be approved by the voters at a regular or special
City election in May or November,if such plan or amendment permits the City or the Ageto
impose additional 1ronetW taxes on properties
outside the urban renewal area to pay the debts or obligations to be incurred in carrying out the
plan. Notwithstanding the foregoing,separate approval at an election is not required for:
(1) Expenditures by the City,as distinguished from the urban renewal agency,which
have been duly identified and included in a duly adopted City budget;or
(2) Issuance of Bancroft bonds (ORS 223.205 to 223.295) in connection with
assessments for local improvement districts,if such issuance is otherwise authorized by law.
I:\adm\cathy\election\2012\light rail referendum\exhibit b-an act.dom
Exhibit B 50014-36797 Reao[ntion No reUrbm renewal
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