Resolution No. 16-30 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 16--V
A RESOLUTION APPROVING REFERRAL TO THE ELECTORS OF THE CITY OF
TIGARD AT THE NOVEMBER 8,2016 GENERAL ELECTION,THE QUESTION OF
WHETHER TO INCREASE FUEL TAX BY 5 CENTS PER GALLON FOR STREET
SYSTEM IMPROVEMENTS, REPAIR AND MAINTENANCE
WHEREAS,ORS 319.950 authorizes the City to enact or amend an ordinance taxing fuel for motor
vehicles after submitting the proposed tax to the electors of the local government for their approval;and
WHEREAS,the City Council of Tigard adopted Ordinance No.16 Ywhich amends the fuel tax from
three cents to eight cents per gallon, for street improvements,repair and maintenance;and
WHEREAS,the City Council of Tigard,pursuant to ORS 319.950,desires to refer Ordinance No.��y
to the electors of the City of Tigard.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: Measure. A measure election is called in and for the City of Tigard,Washington County,
Oregon, for the purpose of submitting a measure that would increase the fuel tax by five
cents per gallon for street improvements,repair and maintenance. A copy of the
measure is attached and incorporated as "Exhibit 1."
SECTION 2: Election Conducted by Mail. The measure election shall be held on Tuesday,November
8,2016,which is the next general election. The precinct for the election shall be all of the
territory within the corporate limits of the City of Tigard. As required by ORS 254.465,
the measure election will be conducted by mail by the Washington County Elections
Department,according to the procedures adopted by the Oregon Secretary of State.
SECTION 3: Notice of Ballot Title.The City Elections Officer is directed to publish notice of receipt
of the ballot title in the Tigard Times or The Oregonian in compliance with ORS
250.275(5).
SECTION 4: Ballot Title. Pursuant to ORS 250.285 and ORS 254.095,the Tigard City Council directs
the City Elections Officer to file a notice of City Measure Election in substantially the
form of Exhibit 2,with the Washington County Elections Office,unless,pursuant to a
valid ballot title challenge,the Tigard City Council certifies a different Notice of City
Measure Election be filed,such filing shall occur no earlier than the eighth business day
after the date on which Exhibit 2 is filed with the city elections officer and not later than
September 8,2016.
SECTION 5: Explanatory Statement. 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 Elections
Office at the same time the Notice of City Measure Election is filed by the city elections
officer.
SECTION 6: Delegation. The Tigard City Council authorizes the City Manager or a designee of the
City Manager to act on behalf of the City of Tigard and to take such further action as is
Page 1 of 2—Resolution No. 2016 -316 50015-36842 7 716 Tigard Gas Tax Referral Reso(ution.dDuICAK/7/18/1016
necessary to carry out the intent and purposes herein in compliance with the applicable
provisions of law.
SECTION 7: Effect of"Yes"Vote. If a majority of eligible voters vote"yes"on the measure,
Ordinance No. 16/ywill become operative,and the City's fuel tax will be increased by
five cents per gallon for street improvements,repair and maintenance.
SECTION 8: This resolution is effective immediately upon passage.
PASSED: This .9fh day of 52016.
— I a
MayCUCity of Tigard
ATTEST:
City Recorder—City of Wgard
Page 2 of 2—Resolution No. 2016-2-0 50015-36842 77.16_Tigard Gas Tax Referral Resolution.docxlCAK/7/18/2016
Exhibit 1
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 16-
AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE CHAPTER 3.65 TO
INCREASE THE FUEL TAX BY 5 CENTS PER GALLON FOR STREET SYSTEM AND
RIGHT OF WAY IMPROVEMENTS,REPAIR AND MAINTENANCE
WHEREAS, ORS 319.950 authorizes the City to enact or amend an ordinance taxing fuel for motor
vehicles after submitting the proposed tax to the electors of the local government for their approval;
and
WHEREAS, the Tigard Municipal Code currently imposes a three cent per gallon tax on motor
vehicle fuel sold within the City;and
WHEREAS, the Tigard City Council wishes to amend the Municipal Code to increase the motor
vehicle fuel tax to eight cents per gallon;and
WHEREAS, the Tigard City Council wishes to dedicate the revenues from the fuel tax increase to
street system and safety improvements and pavement and rights-of-way maintenance;and
WHEREAS, voter approval of this ordinance will prevent the increase in the City's street
maintenance fee, scheduled to begin January 1,2017, from going into effect.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Section 3.65.040 of the Tigard Municipal Code is hereby amended to read as
follows (additional language is underlined; deleted language shown as
stt�tetkrottgh):
b. Pay a motor vehicle fuel tax computed on the basis of eight gree cents per
gallon of such motor vehicle fuel so sold, used or distributed as shown by such
statement in the manner and within the time provided in this ordinance.
SECTION 2: Section 3.65.270 of the Tigard Municipal Code is hereby amended to read as
follows (additional language is underlined; deleted language shown as
strikethrough):
2. The net revenue shall be used only for the construction, reconstruction,
improvement, repair, maintenance, operation and use of public highways, roads,
arm streets- and rights of way within the city. 44te net-rem atte shftg he ---e-'
Ordinance No. 16-- 50014-36799 Tigard Gas Tar Ordin mce£xhihri
Ld x'VAK 7 181016
Exhibit 1
SECTION 3: This ordinance shall be effective upon certification by the County Flections Official
that it has received voter approval at an election conducted on November 8,2016.
PASSED: By vote of all council members present after being read by
number and title only,this day of ,2016.
Carol A. Krager,City Recorder
APPROVED: By Tigard City Council this day of ,2016.
John L. Cook,Mayor
Approved as to form:
City Attorney
Date
Ordinance No. 16-- 50014-36799 Tigard Gas Tac(Wiimwe F_rhibir
I.,kx-x CAK 718 2016
EXHIBIT 2
Notice of Measure Election SEL 802
rev 1/14: ORS 250.035,250.041,
Citv 250.275,250.285,254.095,254.465
Notice
Date of Notice Name of City or Cities Date of Election
City of Tigard November 8,2016
The following is the final ballot title of the measure to be submitted to the city's voters.
Final Ballot Title Notice of receipt of ballot title has been published and the ballot title challenge process has been completed.
Caption 10 words which reasonably identifies the subject of the measure
Fuel tax increase for street system improvements,repair,and maintenance
Question 20 words which plainly phrases the chief purpose of the measure
Shall Tigard enact ordinance to increase fuel tax by 5 cents per gallon for street system improvements,repair,and maintenance
Summary 175 words which concisely and impartially summarizes the measure and its major effect
Ordinance 16-.if approved,would amend municipal code to increase City motor vehicle fuel tax from 3 to 8 cents per
gallon and dedicate revenue to street system, sidewalk and safety improvements and pavement and rights-of-way maintenance.
Estimated to raise$1 million per year. The revenue would address existing unfunded transportation needs.
Project categories with potential examples:
• Pavement Management Program: Repave neighborhood streets such as parts of Grant Avenue,Atlanta Avenue,
Benchview Terrace, 121st Avenue,Alderbrook Drive, 130th Avenue and Fonner Street.
• Major Street Improvements: Contribute to North Dakota Street and Tigard Street bridge replacements,including
sidewalks and bike lanes;Tigard Street along Dirksen Park.
• Pedestrian Connection and Safety Projects: Sidewalks on Hunziker Street,Barrows Road,and neighborhood gaps;
crosswalk improvements such as flashing signs and beacons;improved traffic signals for safer pedestrian crossings.
Explanatory Statement 500 words that impartially explains the measure and its effect,if required attach to this form
If the county is producing a voters'pamphlet an explanatory statement must be submitted for any measure referred by the city
governing body and if required by local ordinance, for any initiative or referendum.
Measure Type County producing voters'pamphlet Local ordinance requiring Explanatory statement required
submission
® Referral ®Yes ❑ No Not applicable ®Yes ❑ No
❑ Initiative ❑Yes ❑ No ®Yes ❑ No ❑Yes ❑ No
❑ Referendum ❑Yes ❑ No ❑Yes ❑No ❑Yes ❑ No
Authorized City Official Not required to be notarized
413y signing this document,I hereby state that I am authorized by the city to submit this Notice of Measure Election and I
certify that notice of receipt of ballot title has been published and the ballot title challenge process for this measure
completed.
Name Title Work Phone
Signature Date Signed
Exhibit 2, Page 1 of 1 50015-368427716 Tigard Gas Tax Referral Resolution.docx�CAK/7/18/2016