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Ordinance No. 81-45 ■ CITY OF TIGARD, OREGON ORDINANCE NO. 81- .4,5 AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTION OF THE CITY COUNCIL OF JANUARY 12, 1981, WITH RESPECT TO S.W. 72ND AVENUE STREET IMPROVEMENT DISTRICT: APPROVING, RATIFYING AND ADOPTING PLANS, SPECIFICATIONS AND ESTIMATES FOR CONSTRUCTION OF STREET IMPROVEMENTS, AS MODIFIED BY THE MOTION ADOPTING THIS ORDINANCE; DECLARING RESULTS OF HEARING HELD WITH RESPECT THERETO; DIRECTING SOLICITATION OF BIDS FOR CONSTRUCTION; PROVIDING FOR THE MAKING OF SAID IMPROVEMENTS, AND DECLARING AN EMERGENCY. WHEREAS, a resolution was duly passed by the City Council of the City of Tigard at its regular meeting of January 12, 1981, a copy whereof is hereto attached and by this reference made a part hereof to the same legal force and effect as if set forth here- in in full, by the terms of which the boundaries of a proposed street improvement assessment district were described, and the Council declared its intention to construct street improvements and to assess the costs thereof against the property within the boundaries specially benefitted; and WHEREAS, by the terms of said resolution hearings were duly called to be held in Fowler Junior High School at 10865 SW Walnut Street in Tigard, Oregon, on F�17rua-ry 9, 1981, at the hour of 8:00 p.m. for the purpose of affording an opportunity to any parties aggrieved by the proposal to make objections or remonstrances to the proposed improvement; and on March 23, 1981, at the hour of 8:00 p.m. for the purpose of hearing new evidence; and on June 1, 1981 at the hour of 8:00 p.m. for the purposes of hearing additional evidence and determining the scope of the project; and WHEREAS, pursuant to said resolution, due and legal notices of said hearings were given by publication in the Tigard Times for consecutive publishings on January 21 and January 28, March 11 and March 18, and May 21 and May 28, 1931, prior to said hearings, and WHEREAS, said hearings were duly and regularly called to order and held in Fowler Junior High School at 10865 SW Walnut Street in Tigard, Oregon, on February 9, March 23 and June 1, 1981, at the hour of 8:00 p.m.; and WHEREAS, by the terms of said resolution and publication, written objections or remonstrances from the owners of not less than 66-2/3% of property within the boundaries of said area were invited, and all objections and remonstrances as thus presented prior to and at the hearing represent the owners of less than 66-2/3% of the property in the area within the improvement assessment district and that the percentage of remonstrances is not a ban to further proceedings in the making of said improvements; WHEREAS, all proceedings to date have been in conformity with 223.387 and 223.389 Oregon Revised Statutes and Tigard Municipal Code - Title 13, of the City of Tigard, and all procedures were regularly and lawfully conducted. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: ?age 1 of 3 "ORDINANCE NO. 81-415 Section 1: That all matters set forth in the resolution of the City Council of the City of Tigard, Oregon, on January 12, 1981, a copy whereof is hereto attached marked Exhibit "A" and by reference herein made a part hereof to the same C legal force and effect as if set forth herein in full, be, and the same are hereby approved, ratified, and confirmed, and the boundaries of the area known as S.W. 72nd Avenue Street Improvement District as heretofore described in said resolution, be, and the same are hereby, declared and fixed in accordance with said description, and as modified by the motion calling for the adoption of this ordinance as follows: Proposal "A". That SW 72nd Avenue be improved to the basic city standard 44 foot width curb to curb from just north of the intersection of SW 72nd Avenue and SW Upper Boones Ferry Road (Carmen Drive) southerly along SW Upper Boones Ferry Road to a point just south of SW Durham Road and southerly along SW 72nd Avenue to the city limit line and to the basic city standard 40 foot width curb to curb from just north of the intersection of SW Upper Boones Ferry Road (Carmen Drive) northerly along SW 72nd Avenue to just north of SW Varnes Road east of SW 72nd Avenue and SW Bonita, matching the existing improvement at I-5, through the SW 72nd Avenue intersection. Deductive alternates under this proposal shall include street lighting, rail- road crossir_g improvements, traffic signals and sidewalks along one side of the total length of the project. Proposal "B". That SW 72nd Avenue be improved to the basic city standard 44 foot width curb to curb from just north of the intersection of SW 72nd Avenue and SW Upper Boones Ferry Road (Carmen Drive) southerly along SW Upper Boones Ferry Road to a point just south of SW Durham Road and southerly along Std 72nd Avenue to the city limit line and that SW 72nd Avenue be graded to a standard 44 foot road bed and paved to a 28 foot width without curbs and accommodating as much stormdrainage in ditches as possible. Deductive alternates under this proposal shall include traffic signals, railroad crossings and street lights. An additive alternate shall be an additional 6 foot width marked for pedestrian and bicycle traffic. Assessment distribution shall be as outlined in the engineers report and shall incorporate varying rates for different street sections. Property ownerpparticippation shall be limited, exclusive of right-of-way costs exceeding $50,Q00 to $1.3 to $1.5 million. Section 2: That the City Council of the City of Tigard, having acquired jurisdiction to order the improvement to be made, does hereby authorize and direct the construction of street improvements within the boundaries of said SW 72nd Avenue Street Improvement District in conformity in all reasonable particulars with the plans and specifications by said resolution adopted and hereby ratified and confirmed. Section 3: That the City Administrator and the City Engineer be, and they are hereby, directed to proceed with final construction plans and invite proposals for the construction of said improvements by publication in the Tigard Times in not less than two consecutive issues, the first publication to be not less than ten (10) days prior to the date set for opening the bids. The date and time for opening bids shall be fixed and determined by the City Engineer and such date shall be not later than June 1, 1982, at which time bids will be opened in the City of Tigard, Oregon, City U.all, 12420 SW Main Street, all proposals to be then and there publicly read. Page 2 of 3 ORDINANCE NO. 81- � the hin the bes on ar scr ched Section 4: That all lands situatedned and declareddtolbe aestreetdimprovementaassessment F gIBIT "A" are determ district, and it is further declared thatcially eachbenettedpbytsaidof limproveot and marcel of l improvements, and that the total within said boundaries wille espted cost of the project s $3,097,000 and that the assessable cos estimated it, not to exceed estima$1,500,000, exclusive of right-of-way costs exceeding $50,000, shall be assessed in full, according to benefit agany ainst all lands within said improof�TitardStrwilltbeii , and usedhat to further grants or similar offsets in costs received by the City g increase the City participation and reduce the assessable costs. cal nt Section 5: The Tigard city eCouncil arelofsthe3eharactest the SW 7 eacribedeino0R5 223r20Smeand '- District improv that they therefore qualify for financing by general obligation improvement warrants pursuant to ORS 287.502 - 287.510. nue Local Section 6: General obligation areherebyauthorizedto improvement �aarrants for the beS`issued inethe aggregate Improvement District amount of $3,097,000. Thewarrant e lowest he City can borrow on the date isuanceleinterestar h andshallconstitutea general robligationtof or the City of Tigard that shall Warrantsnshalleberretiredyears fundsafter arethe issue, but received in not later than June 1, 1984 accordance with ORS 287.506. Section 7: The, Mayor and C .ty Recorder�areoferebarduthorized to execute the described warrants in behalf of the C y Section 8: That inasmuch as it is necessary for the peace, health, and s�ifety of the Setel people of the City of Tigard that the said improvements be constructed with Se the least possible delay, an emergency is hereby declared to exist, and this ordinance by the shall become effective upon its passage Council and signature by the Mayor. PASSED: By the Council, by unanimous vote of all Council memberspaaseo, after being read two times by number and title only, this Y 1981. Recorder , APPROVED: 1981. By the Mayor, this Q day of Q *ayor PAGE 3'of 3 / ORDINANCE No. } EXHIBIT "A" CITY OF TIGARD. OREGON r RESOLUTION No. DECLARING AN INTENTION TO CONSTRUCT CERTAIN STREET IMPROI�EMENTS WITHIN AN AREA OWN AS S DETERMINED TO BE A STREET IMPROVE'MRNT CRIBZNGASSESTElE PROBSMENT DISTRICT CTOTAL ASSESSABLE COSTST 72nd AVENUE AREA L.I.D. Ro. 21, D 'NEFITED AND ASSESSED: '1EEMOF: DEFINING THE BOUNDARIES OF THE DISTRICT TO BE By OF THE NS 'FOR THE APPROVING AND ADOPTING PLANS PAND UBLIC HEARINGIOAND DIRECTINGOTHERK GIVING��TICE THEREOF. CITY'S ENGINEER, AND SE 4 petition requesting street improvements WHEREAS, the City Council has accepted eapineering report, pursuant thereto, >' and has ordered preparation of a preliminary g z at the Council's regular meeting of May 19, 1980, and WHEREAS, pursuant to Chapter 13.04 of Tigard Municipal Code, City Council finds it expedient and necessary to order the improu a ances'thereto,ment of the fand pursuant nbelow ibed y r = lands by construction of street•.facilities and apps ecificattOns. and thereto the City's Engineer has submitted to the Council plans, P v ost thereof together with a estimates for the work to be done and the probable c Parts of lots and parcels of land to be 'bene£ited and the � statement of the lots, p improvements of which each of said lots, parts apportionment of the total cost l the imp - of iota and parceas of land stsa2l. be asses--,ed on account of the benefits derived; � and aid plans, specifications and estimates are AREAS, the Council finds that s sati.sf actory. � RESOLVED BY THE CITY COUNCIL OF THE CITY OF TIGARD NOW, THEREFORE, BE IT as follows: (a) That the City Council does hereby deem it expedient and necessary, and does hereby declare its intention ntet n ion to facilitiesandae rtenancesathereto.id west 72nd Avenue Area by construction c (b) That all lands situated within the boundaries described n the attachedovement � 'EMIIBIT A' are determined and declared to be a street imp r14, to be known alotSnnd parceluthwest 2oAvenue Area f land within isaid boundaries willbe declared that each lot, part fsaid ilpprovements, and that the total estimated assessable especially benefited by cost of $2,718,026.12 for said improvements, shall be L lthinssaidiimprovement district. combination front foot-area basis against all (c) That the plans, specifications and estimates ti ate witherespect tohthebye street improvements as submitted by the City's engineers , d on file by the City Recorder for public'inspec adopted and ordered to be maintainetion. 1981, at the hour of 8:00 P-M-, at (d) That Monday, the 9th day of February, Oregon, be, and the Fowler Junior High School Lecture Room, 10865 SW Walnut, Tigard, same are hereby set as the time and place for hearing and improvement by any parties aggrieved considritherebobjections or remonstrances to the proposed im p RESOLUTION No. 81 (e) That the City Recorder be, and she is hereby, directed to give notice f by causing to have this resolution published in the Tigard Times, issues of d January 21., 1981 and January 28, 1981. MASSED: By Council an this - day of � ��� , 1581. Mayor - City of Tigard ATTEST: Recorder --;-City oE Tigar �. _. . ti Page 2 RRSOLtTION NO. Y; % EXHIBIT A LEGAL DESCRIPTION OF L.I.D. Beginning at the northwest corner of T.L. 701 , 2SllDB; thence S 004' W along the westerly line of T.L. 701 122 feet to the northerly right of way of Varns Street (a 50 foot right of way); thence southwesterly approximately 51 feet to the northwest corner of T.L. 710, 2SllD8 located on the southerly right of way line of Varns Streets thence S 0009' E along the West line of T.L. 710 143.28 feet; thence S 89005' W along the North line of T.L. 80® 251108 t� Z nn�int q 4rh i=- ion foaf InarnanMrsalar- A4atanra, f i:_ .:._ from the westerly right of way line of S.W. 72nd Avenue; thence souttlerly approximately 355 feet to the northwest corner of T.L. 100, 2SllDC, which is ___.located on—the easterly-right of way line of 74th Avenue (a_-_40. foot riot.--o-f. way); thence southerly along the easterly right of way line of 74th Avenue -approximately 756 feet; thence N 88°48' W across 74th Avenue and along,the - -.northerly line of T.L. 800, 2S110C 820.57 feet to the southerly corner of . �VT.L-. 2000;-MITDC; thence N 41051' W 251.38 feet to the northwesterly-corner of T.L. 800; thence southerly along the West line of T.L. 800 approximately 440 feet to the northeasterly right of way line of Southern Pacific Railroad (a 100 foot right of way); thence southeasterly along said right of way line approximately 2000 feet to the southwest corner of T.L. 402, 2S112A; thence East along the South line of T.L. 402 approximately 400 feet to the northwest corner of T.L. 501, 2S112A; thence S 0009' W 326.2 feet along the West line of . T.L. 501 and its southerly extension to the northerly right of way line of Bonita Road (a 40 foot right of way); thence southwesterly approximately 50 feet to the northwest corner of T.L. 1900, 2S112A; thence S 0039' E approximately 380 feet to the southwest corner of T.L. 1900; thence S 55055'38" W along the northerly line of T.L. 1902, 2S112A 163.11 feet to the northeasterly right of way line of the Southern Pacific Railroad (a 100 foot right of way); thence southeasterly , along said right of way line approximately 1000 feet to a point on the northerly line extended of T.L. 400, 2Si12DB; thence S 88°°14'07" W along said northerly- line approximately 458.9 feet to the northwest corner of T.L. 400, said point being on the easterly right of way line of the Oregon Electric Railway; thence �` southerly along said right of way line approximately 2255 feet to the southwest corner of T.L. 200, 2S112DC; thence N 88029'35" E 316.61 feet to the southeast corner of T.L. 200; thence S 00002'40" E 253.15 feet to a point on the West line of T.L. 2102, 2S112D; thence S 89046'10" W along the North line of T.L. 1900, 2S112D approximately 380 feet to the easterly right of way line of the Oregon Electric Railway; thence southwesterly 163.8 feet to the northerly right of way of Fanno Creek Place (a 40 foot right of way); thence southwesterly approximately 41 feet to the northwest corner of T.L. 1301, 2S113A; thence southwesterly approximately 480 feet along the West line of T.L. 1301 and T.L. 1200, 2Sll3A to the southwest corner of T.L. 1200, said point being on the northerly right of way line of Durham Road (a 60 foot right of way); thence S 29052° W 60 feet to the southerly right of way of Durham Road; thence southeasterly along said southerly right of way approximately 245 feet to the northerly right of way of Upper Boones Ferry Road (a 60 foot right of way); thence S 48017' W along said northerly right ------: of way line of Upper Scones Ferry Road approximately 165 feet; thence S 41043'..E - ---- approximately 284 feet to a point on the :lest line of T.Lr: 1100, 2Sll3A; thence South along the 'gest line of T.L. 1100 approximately ?30 feet; Bence West along - the North line of T.L. 2100, 2S113A approximately 185 feet; thence South along -a West line of T.L. 2100 243-feet; thence West along a North Tine of T.L. 2100 .:__. 120 feet; thence South along a West line of T.L. 2100 100 feet; thence East along a South line of T.L. 2100 50 feet; thence South along a West line of T.L. 2100 383 feet; thence East along a South line of T.L. 2100 approximately 190 feet; thence South along a West line of T.L. 2100 297 feet; thence East along a South line of T.L. 2100 approximately 146.67 feet; thence South along a West line of T.L. 2100 297 feet; thence easterly along the South lines of Tax Lots 2100 and 2101, 2S113A and their extensions 1020 feet to the West right of way line of Interstate 5 (I-5); thence northerly along the westerly right of way line of Interstate 5 (I-5) approximately 2390 feet to the southerly right of way line of Southern Pacific Railroad (a 100 foot right of way); thence northwesterly along said southerly right of way line approximately 1160 feet to the northerly right of way of Upper Scones Ferry Road; thence northeasterly along the northerly right of Sway line of Upper Boones Ferry Road approximately 660 feet to the westerly right of way of Interstate 5 (I-5) ; thence northerly and northwesterly along the westerly line of Interstate 5 (I-5) and southeasterly right of way line of State Highway No. 217 (Beaverton-Tigard Highway) approximately 7560 feet to the easterly right of way line of 72nd Avenue (a 105 foot right of way), thence M -2- southerly along said easterly line approximately 45 feet; thence westerly approximately 105 feet to the northeast corner of T.L. 701, 251108; thence S 89005' W along the North line of T.L. 701 100.98 feet to the point o0 beginning. y . x.< 5; e'} •t°d rat - } x ,z a ._ „. - _.. a.