Ordinance No. 08-03 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 08-O-?
AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTION OF THE CITY COUNCIL
OF DECEMBER 18, 2007, AS AMENDED WITH RESPECT TO THE BOUNDARIES OF THE
TIGARD TRIANGLE LOCAL INMROVEMENT DISTRICT (LID #1); DECLARING RESULTS OF
THE HEARING HELD WITH RESPECT TO THE IMPROVEMENT; DETERMINING THE
BENEFITED PROPERTIES TO BE ASSESSED; ESTABLISHING THE DISTRICT; ORDERING THE
IMPROVEMENTS TO BE IVLADE IN CONFORMANCE WITH PLANS AND SPECIFICATIONS
BEING PREPARED FOR THE IMPROVEMENTS AND DECLARING AN EMERGENCY.
WHEREAS, Resolution No. 07-75 was passed by the City Council of the City of Tigard at its regular meeting
of December 18, 2007, which described the boundaries of a proposed street improvement assessment district,
and which declared the Council intention to construct street improvements,including curbs, gutters, sidewalks,
streetlights, storm drainage facilities, sanitary sewers, street trees, undergrounding of any overhead utilities, and
appurtenances d-iereto, and to assess die costs for the improvements against the properties widiin the
boundaries which have been found to be specially benefited;and
WHEREAS,Resolution No. 07-75 seta public hearing on January 22,2008, to hear remonstrances;and
WHEREAS,pursuant to the resolution,legal notice of the hearing scheduled for January 22,2008,was given by
publication in Tlje Tiiires on January 10,2008,pilot to the hearing;and
WHEREAS, by the terms of the resolution a hearing was held at 7:30 p.m. on January 22, 2008 at the Town
Hall Meeting Room in City hall located at 13125 SW Hall Boulevard in Tigard, Oregon for the purpose of
affording an opportunity to any parties affected by the proposal to make objections or remonstrances to the
proposed improvement. After hearing testimony, City Council directed changes to the proposed District,
directed that staff conduct a meeting with owners to described the changes and receive corn ments, and
continued the hearing to February 26,2008; and
WHEREAS, on January 25, 2008, notices were mailed to owners of a meeting held on February 6, 2008. The
proposed changes were described and comments were received from the owners;and
WHEREAS, the Preliminary Engineer's Report has been revised accordingly. Previously proposed
improvements to SW Baylor Street and SW 69d' Avenue south of Baylor Street along die frontage of tax lots
1900 and 2700 will not be included in the District. As a result, tax lots 2000 at the southeast corner of SW
Baylor Street and SW 70`x' Avenue and tax lots 1900 and 2700 at the southwest and southeast corner of SW
Baylor Street and SW 69"' respectively, are no longer within the proposed District. At the owner's request, tax
lot 3290 on the west side of SW 68`x'Parkway between SW Baylor and Clinton Streets has been removed from
the proposed district. The owner is in the process of developing the lot and will install frontage improvements,
including die planted median on SW 68"'Parkway, as part of the requirements for a land use permit to develop
the site. In addition, the portion of the five lots on the west side of SW 69"'Avenue between SW Baylor and
Clinton Streets to be assessed for sanitary sewer improvements has been refined by including only the portion
of the lots provided With gravity service;and
ORDINANCE No. 08- 03
Page 1
WHEREAS, written notice regarding the public hearing was given to all property owners in the proposed
assessment district ten or more days prior to die healing in accordance with TMC 13.04.040(b)(1)B;and
WHEREAS, the preliminary plans and specifications for the improvements, the estimates of the work to be
performed, and the probable costs of the improvements which each lot should pay were available to die public
at die meeting and prior to die meeting;and
WHEREAS, all objections and remonstrances presented prior to die hearing and at the hearing represent less
than 66 2/3% by property area within the improvement assessment district, and the percentage of
remonstrances is not a ban to further proceedings in the malting of the improvements;and
WHEREAS, all proceedings to date have been in conformity wide State Statutes, the Tigard Charter, Chapter
LX, 538, 539,and Tigard Municipal Code,Tide 13,and all procedures were regularly and lawfully conducted.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Resolution No. 07-75 adopted by the City Council on December 18, 2007, and attached
and marked as Exhibit"A"is amended by revised Preliminary Engineer's Report, February
6, 2008 and shall be adopted as a part of this ordinance subject to any amendments set
fords in Sections 5 and 6 of this ordinance. The boundaries of the area henceforth to be
known as Tigard Triangle Local Improvement District #1, as described in the resolution,
are declared and fixed in accordance with die description.
SECTION 2: The City Council, having acquired jurisdiction to order the improvements to be made, does
hereby authorize die formation of the local improvement district and directs the Finance
Director to prepare the preliminary Assessment Roll.
SECTION 3: The City Council further authorizes the acquisition of land as provided by State late and the
Tigard Municipal Code, and tie constriction of street improvements within the boundaries
of tie Tigard Triangle Local Improvement District #1 in confortmity in all reasonable
particulars with the plans and specifications being prepared for this LID.
SECTION 4: The estimated costs and expenses of the improvements to be assessed against the specially
benefited properties is $2,161,067.00. The estimated costs include tie cost of construction
and installation of die improvements, advertising, legal, administrative, survey, engineering,
notice, supervision,materials,labor, contracts, equipment,inspections and assessment costs;
financing costs including interest charges; the costs of necessary property right-of-way or
easement acquisition and condemnation proceedings; attorney's fees and any other
necessary expenses.
SECTION 5: All lands situated within tie boundaries described on the attached Exhibit "A" are
determined and declared to be a street improvement assessment district, and it is farther
declared that each lot, part of lot and parcel of land within said boundaries will be specially
benefited by said improvements. The estimated cost is $2,161,067.00 for the
improvernents. The project cost estimated to be $2,161,067.00 shall be assessed, according
to benefit, against all lands within the district. Benefit for the purposes of Tigard Triangle
LID #1 is hereby determined to be derived according to improving both the property's
ORDINANCE No. 08-0�
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ability to develop as set forthin die Comprehensive Plan and the Tigard Triangle Design
Standards for the City of Tigard,and the property's access to the improvements.
SECTION 6: The final costs of die improvements to be assessed shall be determined after completion of
all improvements and acceptance of the improvements by the City of Tigard. The final
methods of assessment shall likewise be determined after the improvements are completed
and accepted.
SECTION 7: The Tigard City Council finds that the Tigard Triangle LID #1 improvements are local
improvements of die character described in TMC 13.04.010(a) and ORS 310.140, and that
they therefore qualify for interim financing pursuant to ORS 223.235.
SECTION 8: Because this ordinance is necessary to request bids at a favorable tune, construct die project
during favorable weather and titnely complete tle project,an emergency is declared to exist
and this ordinance shall be in full force and effect immediately on passage.
PASSED: By U 1 4Ki MOR-0— vote of all Council members present after being read by number
and tide only, this 26h-day of ,2008.
Carol A. Krager,Deputy City Recorder
APPROVED: By Tigard City Council d-iis ��t day of rJ--"k4?44Ci 12008.
Craige6irksen,Mayor
Approved as to form:
Attorney
Date
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ORDINANCE No. 08- d 3
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J
EXHIBIT A
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 07--7
A RESOLUTION DECLARING COUNCIL'S INTENTION TO FORM A LOCAL
IMPROVEMENT DISTRICT (LID) TO IMPROVE CERTAIN STREETS WITHIN THE
TIGARD'TRIANGLE IN THE CITY OF TIGARD.
WHEREAS, Specht Development, Inc. submitted a petition for the formation of a Local
Improvement District (LID) to construct improvements to the following streets within the City of
Tigard:
• SW 69th Avenue,between SW Dartmouth Street and SW Baylor Street
• SW Clinton Street,between SW 68th Parkway and SW 70th Avenue
• SW Dartmouth Street,between SW 681h Parkway and SW 70th Avenue (north side only)
• SW Baylor, from SW 70th Street to just east of SW 69th Avenue
• SW 68th Parkway, from SW Dartmouth Street to a point approximately 50 feet north of SW
Clinton Street (west side only) and a landscaped median extending from 150 feet to 350 feet
north of SW Clinton Street
• Sidewalks, ramps, curbs, signing and striping to support the proposed traffic signal, at SW 68th
and SW Dartmouth Street;and
WHEREAS, the proposed improvements include upgrading the streets to frill City street standards,
including sewer, storm drainage facilities, curbs, gutters, sidewalks, street trees, and undergrounding of
any overhead utilities;and
WHEREAS, the Capital Construction and Transportation staff prepared a preliminary evaluation
report, which was submitted to City Council for discussion and direction during the meeting of
February 28,2006;and
WHEREAS, the preliminary evaluation report determined that the proposed LID appears feasible and
recommended that City Council take the next step-in the LID formation process by authorizing the
preparation of a preliminary engineer's report;and
WHEREAS, the City Council by Resolution No. 06-10 authorized the preparation of a Preliminary
Engineer's Report for the proposed LID;and
WHEREAS, the City retained the firm of Group Mackenzie to prepare the Preliminary Engineering
Report;and
WHEREAS, Group Mackenzie has completed the Preliminary Engineer's Report;and
RESOLUTION NO. 07-7'
Page 1
WHEREAS, the City Council discussed the proposed LID, heard the pros and cons about the
proposed LID, and provided an opportunity for input by the initiators of the LID and other property
owners; and
WHEREAS, the Preliminary Engineer's Report concludes that the LID is feasible and recommends
that City Council proceed with the formation of the LID as proposed in the Report.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The City Council hereby declares the intention to form a local improvement district
(LID) t6 improve the following streets within the Tigard Triangle in the City of
Tigard:
9 SW 69th Avenue,between SW Dartmouth Street and SW Baylor Street
e SW Clinton Street,between SW 68th Parkway and SW 70ti1 Avenue
• SW Dartmouth Street, between SW 68t" Parkway and SW 69th Avenue (north
side only)
a SW Baylor, from SW 70f Street to just east of SW 7041 Avenue
• SW 68th Parkway, from SW Dartmouth Street to a point approximately 50 feet
north to SW Clinton Street (west side only) and a landscaped median extending
from 150 feet to 350 feet north of SW Clinton Street
Sidewalks, ramps, curbs, signing and striping to support the proposed traffic
signal at SW 681h Avenue and SW Dartmouth Street
SECTION 2: The improvements will include street, storm drainage, sanitary sewer, sidewalk,
lighting, undeigrounding power, telephone, cable, and other ancillary improvements
necessary to bring the streets up to full City standards. Basic construction will be
procured in accordance with City of Tigard construction contract procurement
procedures. Portions of construction, such as water, may be completed by public
utilities.
SECTION 3: The estimate of probable total costs of the improvements is between$2,300,000 and
$2,500,000.
SECTION 4: The proposed method of assessment shall be as follows:
a. Sanitary Sewer Improvements
100% of costs on an Area Basis for lots that are not currently served
b. Street Private Utilities and Storm Dr ' a e Im tovements
75% of costs on an Area Basis for all properties
25%of costs on a Frontage Basis for properties not previously improved along
SW 681h Parkway.
RESOLUTION NO.07- �5
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c. Sidewalk Street Trees, and Street Lighting
25% on an Area Basis
75% on a Frontage Basis
The proposed method of assessment is tentative and may be altered by the City at
the tune of final assessment.
SECTION 5: The public hearing to hear remonstrances shall be conducted during the City
Council meeting on January 22, 2008, at 7:30 p.m. in City Hall, Town Hall Meeting
Room, 13125 SW Hall Blvd.,Tigard, Oregon.
SECTION G: Proper notice shall be given regarding dze time and date of the public hearing to
hear the remonstrances. This notice should include the streets in the proposed LID
and a brief description of the proposed public improvements.
SECTION 8: This resolution is effective immediately upon passage.
PASSED: T1-iis f day of��C e!n s J L 2007.
J ,
Mayor kity of Tigard
ATT=EST:
City Recorder- City of Tigard
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RESOLUTION NO. 07
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