Ordinance No. 82-13 CITY OF TIGARD, OREGON
ORDINANCE NO. 82- 1-�_
AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTIONS OF THE CITY
COUNCIL OF JANUARY 12, 1981 AND MARCH 8, 1982, WITH RESPECT TO S. W.
72ND AVENUE AREA STREET IMPROVEMENT DISTRICT; APPROVING, RATIFYING
AND ADOPTING PLANS, SPECIFICATIONS AND ESTIMATES FOR CONSTRUCTION OF
STREET IMPROVEMENTS; DECLARING RESULTS OF HEARINGS HELD WITH RESPECT
THERETO; 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 March 8, 1982, 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 herein 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 specifically
benefitted; and
WHEREAS, the City Council has previously declared its intention
to make these improvements by Resolution No. 81-2, and
WHEREAS, by the terms of said Resolution No. 81-2 hearings were
duly called to be held in Fowler Junior High School at 10865 S.W.
w= Walnut Street in Tigard, Oregon, on February 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 improvements; 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 No. 81-2, 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, 1981, prior to said hearings;
and
WHEREAS, said hearings were duly and regularly called to order
and held in Fowler Junior High School at 10865 S.W. 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 No. 81-2 and publication,
written objections or remonstrances from the owners of now less than
66--2/3% of the property within the boundaries of said area were
invited, and all objections and remonstrances as thus presented prior
f to and at the hearing represent the owners of less than 66-2/3% of
+- •?i��rict
the property in the area within the improvement
and that the percentage of remonstrances is not a ban to further
proceedings in the making of said improvements; and
TTAIA
ORDINANCE NO. 82- _ Page 1 of 4
WHEREAS, the City Council adopted Ordinance No. 81-45 ordering
the improvements and calling for bids, and amending Resolution No.
81-2 to establish a limit on the amount of the improvements assessable
and providing alternatives for construction of the improvements; and
WHEREAS, the City Council adopted Ordinance No. 81-82 amending t
Ordinance No. 81-45 and setting the improved street width; and
WHEREAS, the City Council has indicated by motion that it finds
Alternative A of Ordinance No. 81-45, as amended by Ordinance No.
81-82, necessary for proper improvement of the street; and
WHEREAS, Western International Properties wants the improvement
extended to include Western International Properties Oregon Tech
Center, the total cost of which extension will be assessed to Western E
International Properties Oregon Tech Center; and
WHEREAS, the City has received favorable bids for the construc-
tion of the proposed improvements, as amended; and
WHEREAS, by the terms of Resolution No. 82-22 a hearing was
duly called to be held in Fowler Junior High School at 10865 S.W.
Walnut Street in Tigard, Oregon, on .arch 29, 1982, at the hour of
8:00 p.m. for the purpose of affording an opportunity to any parties 1`
aggrieved by the amended proposal for the construction of 72nd Avenue
Area street improvements, including the Western International '
Properties Oregon Tech Center, to make objections or remonstrances ,
to the proposed amendments; 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 March 18 and March 25, 1982, prior to
said hearing; and
WHEREAS, said hearing was duly and regularly called to order
and held in Fowler Junior High School at 10065 S.W. Walnut Street in
Tigard, Oregon, on March 29, 1982 at the hour of 8:00 p.m. ; and
WHEREAS, by the terms of Resolution No. 82-22 and publication,
written objections or remonstrances from the owners of not less than
66-2/3% of the 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; and
WHEREAS, the plans and specification were on file with the City
Clerk as required by Tigard Municipal Code 13-04.030; and
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: lawfu1ys
ORDINANCE NO. 82- 3 Page 2 of 4
ff NOW, THEREFORE,
\n THE CITY OF TIGARD ORDAINS AS FOLLOWS:
_Section 1: That all matters set forth in Resolution No. 81-2 of the
City Council of the City of Tigard, Oregon, on January
12, 1981, as amended by Ordinance Nos. 81-45 and 81-82, and all
matters set forth in Resolution No. 82-22 of the City Council of the
City of Tigard, Oregon on March 8, 1982, copies whereof are hereto
attached marked Exhibit "1" and by reference herein made a part
hereof to the same 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 Area Street
Improvement District as heretofore described in Resolution 82-22, be,
and the same are, hereby declared and fixed in accordance with said
descriptions.
Section 2: That improvements to the basic city standard 40 foot width
curb to curb be made as follows:
a. S.W. 72nd Avenue from the south city limit line northerly
along S.W. 72nd Avenue to S.W. Upper Boones Ferry Road.
b. S.W. 72nd Avenue from S.W. Upper Boones Ferry Road (Carmen
Drive) northerly along S.W. 72nd Avenue to just north of
the S.W. Varnes Road running east of S.W. 72nd Avenue.
c. S.W. Upper Boones Ferry Road, from a point just south of
S.W. Durham Road, northerly along S.W. Upper Boones Ferry
Road to that portion already improved by the Oregon State
Highway Division (Carmen Drive) .
d. S.W. Bonita Road matching the existing improvements at
I-5 and continuing westerly through the S.W. 72nd Avenue
intersection.
That improvements to the basic city standard 34 foot width curb to
curb be made as follows
a. S.W. Tech Center Drive from S.W. 72nd Avenue westerly to
the existing improvement.
Section 3: Property owner participation shall be limited, exclusive
of right-of-way costs exceeding $50,000, to $1.3 to $1.5
million, except that Western International Properties shall be assessed
an additional $33,955 for improvements adjacent to their property.
Section 4: That the City Council of the City of Tigard, having
acquired jurisdiction to order the improvements to be
made, does hereby authorize and direct the construction of street
improvements within the boundaries of the S.W. 72nd Avenue Area Street
Improvement District in conformity in all reasonable particulars with
f the plans and specifications by Resolution No. 81--2, as amended, and
Resolution No. 82-22 adopted and hereby ratiiieu and confirmed.
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ORDINANCE NO. 82- 73 Page 3 of 4
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Section 5: That all lands situated within the boundaries described
on EXHIBIT "A" of heretofore described ordinances and
resolutions are determined and declared to be a street improvement
assessment district and, it is further declared that each lot, part
of lot and parcel of land within said boundaries will be especially
benefitted by said improvements, and that the total estimated cost
of the project is $2,050,455, and that the assessable cost, not to
exceed $1,533,955, exclusive of right-of-way costs exceeding $50,000,
shall be assessed in full, according to benefit, against all lands
within said improvement district. .
Section 6: The Tigard City Council finds that the S.W. 72nd Avenue
Area Local Improvement District improvements are of the
character described in ORS 223.205, and that they therefore qualify
for financing by general obligation improvement warrants pursuant
to ORS 287.502 - 287.510.
Section 7: General obligation improvement warrants for the S.W. 72nd
Avenue Area Local Improvement District are hereby
authorized to be issued in the aggregate amount of $2,000,000. The
warrants shall bear interest at the lowest rate that the City can
borrow on the date of issuance and shall constitute a general obli-
gation of the City of Tigard that shall mature on or before two
years after the date of issue, but not later than June 1, 1984.
Warrants shall be retired as funds are received in accordance with
ORS 287.506.
Section 8: The Mayor and City Recorder are hereby authorized to
execute the described warrants on behalf of the City of
Tigard.
Section 9: That inasmuch as it is necessary for the peace, health,
and safety of the people of the City of Tigard that the
said improvements be constructed with the least possible delay, an
emergency is hereby declared to exist, and this ordinance shall
become effective upon its passage by the Council and signature by
the Mayor.
PASSED: By the Council, byvote of all Council members
present, after be read two times by number and title
only, this 29th day of March, 1982.
Recorde
APPROVED:
_16` 1982.
By the Mayor, this 9 day ofQ�c� ,
Mayor
ORDINANCE NO. 82-13 Page 4 of 4
f CITY OF TIGARD, OREGON
RESOLUTION No. 81
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DECLARING AN 'INTENTION TO CONSTRUCT CERTAIN STREET IMPROVEMENTS WITHIN AN AREA
DETERMINED TO BE A STREET IMPROVEMENT ASSESSMENT DISTRICT TO BE KNOWN AS SOUTHWEST
72nd AVENUE AREA L.I.D. No. 21; DESCRIBING TETE PROBABLE TOTAL ASSESSABLE COST
THEREOF: DEFINING THE BOUNDARIES OF THE DISTRICT TO BE BENEFITED AND ASSESSED:
APPROVING AND ADOPTING PLANS AND SPECIFICATIONS FOR TETE WORK AND ESTIMATES OF THE
CITY'S ENGINEER, AND SETTING PUBLIC HEARING AND DIRECTING THE GIVING OF NOTICE THEREOF. �
WHEREAS, the City Council has accepted a petition requesting street imp
rovements
and has ordered preparation of a preliminary engineering report, pursuant thereto,
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 (;spedient and necessary to order the improvement of the hereinbelow-described
lands by construction of street facilities and' appurentances'thereto, and pursuant
thereto the City's Engineer has submitted to the Council plans, specifications and
estimates ,for the work to be done and the probable cost thereof together with a
statement of the lots, parts of lots and parcels of land to be benefited and the
apportionment of the total cost of the improvements which each of said lots, parts.
of lots and parcels of land shaYl be asses3ed on account of the benefits derived;
." and
WHEREAS, the Council finds that said plans, specifications and estimates are
satisfactory..
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TIGARD
as follows:
(a) That the City Council does hereby deem it expedient and necessary,
and does hereby declare its intention to improve the aforesaid Southwest 72nd Avenue
Area by construction of street facilities and appurtenances thereto.
(b) That all lands situated within the boundaries described on the attached
"EXHIBIT A" are determined and declared to be a street improvement assessment
district, to be known as "Southwest 72nd Avenue Area", and it is furtrier declared
that each lot, part of lot and parcel of land within said boundaries will be
especially benefited by said improvements, and that the total estimated assessable
cost of $2,718,026.12 for said improvements, shall be assessed in full, on-a
combination front foot-area basis against all lands within said improvement district.
(c) That the plans, specifications and estimates with respect to the street
improvements as submitted by the City's engineers be, and the same are hereby,
adopted and ordered to be maintained on file by the City Recorder for public` inspection.
(d) That Monday, the 9th day of February, 1981, at the hour of 8:00 F.M., at
a Fowler Junior High School Lecture Room, 10865 SW Walnut, Tigard, Oregon, be, and the
" d same.,are hereby set as the time and place for hearing and considering objections or
remonstrances to the proposed improvement by any parties aggrieved thereby.
RESOLUTION No. 81 -�
(e) That the City Recorder be, and she is hereby, directed to give notice
by causing to have this resolution published in the Tigard Times, issues of
January 21, 1981 and January 28, 1981.
PASSED: By Council on this day of a�e ��,rt�� ____ 1981.
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Mayor — City of Tigard
ATTEST:
Recorder City o Tigar
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RESOLUTION NO.
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EXHIBIT A
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LEGAL DESCRIPTION OF L.I.D.
Beginning at the northwest corner of T.L. 701 , 2S11DB; thence
S 0°4' 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, 2SllDB located on
the southerly right of way line of Varns Street; thence S 0°09' E along the
t West line of T.L. 710 143.28 feet; thence S 89°05' W along the North line
of T.L. 800, 2Sl1DB to a point which is 290 feet (perpendicular distance)
from Lhe westerly right of way line of S.W. 72nd Avenue; thence southerly
approximately 355 feet to the northwest corner of T.L. 100, 2S11DC, which is
located-ort-the easterly-right_ of way line of 74th Avenue (a 40 foot right.o1
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 al-ong the
northerly 'line of T.L. 800, 2SllDC 820.57 feet to the southerly corner of
T.L. 2000, 2STTDC; 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 0°39' E approximately 380
feet to the southwest corner of T.L. 1900; thence S 55°55`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, 2S112DB; thence S 88014107" 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
s
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N 88029135" E 316.61 feet to the southeast
corner of T.L. 200, 2Sll2DC; thence
C corner of T.L. 200 thence 5 00°02'40" E 253.15 feet to a point on the West
line of T.L. 2102, 2S112D; thence S 89°46'10" W along the North line of T.L. 19p0,
2Si12D 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. 1301of �S`13j30iha�cdeTsLut12Q0te2S1l3A to
approximately 480 feet along the West line rightSl 3A way
the southwest corner of T.L. 1200, said point being on the northerly
thence S 29°52' W 60 feet to the
line of Durham Road (a 60 foot right of way);
rly
southerly right of way of Durham Road; thence southeasterly along said saut�oones
right of way approximately 245 feet to the northerly right of way of Upper
Ferry Road (a 60 foot right of way); thence S 48017' W along said northerly right
of way line of Upper Boones Ferry Road approximately 165 feet; thence S 41°43E
on the West line of T.L: 1100, 2Sll3A; thence
approximately 284 feet to a point
South along the West line of T.L. 1100 approximately 230,feet; t:1ence West along
,a5- f?et thence South along
the North line of T.L. 2100, 2Sll3A approximately eu�
a West line of T.L. 2100 243 feet; thence l�lest along a North line of T.L. 2100
120 feet; thence South along a West line of T.L. 2100 100 feet;the ce East
along a South line of T.L. 2100 50 feet; thence South along a ine 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
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 (1-5) 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 Boones Ferry Road; thence northeasterly along the northerly
right of way line of Upper Boones Ferry Road approximately 660 feet to the
westerly right of way of Interstate 5 (1-5) ; thence northerly and northwesterly
along the westerly line of Interstate 5 (1-5) 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 i
-2-
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southerly along said easterly line approximately 45 feet; thence westerly
approximately 105 feet to the northeast corner of T.L. 701, 2S11D8; thence
S 890051 W along the North line of T.L. 701 100.98 feet to the point of
beginning.
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CITY OF TIGARD, OREGON
ORDINANCE NO. 81-- 14„S
A:ti ORGi`,\NCE CONFIRAING AND RATIFYING THE RESOLUTION OF THE CITY COUNCIL OF JANUARY
12, 1931, WITH RESPECT TO S.W. 72ND AVENUE STREET IMPROVEMENT DISTRICT: APPROVING,
RATIFYING AND ADOPTING PLANS, SPECIFICATIONS AND ESTIMATES FOR CONSTRUCTION OF
STREET I2TPROVEMENTS, 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
EV1ERGENCY.
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 February
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, 1981, 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, :parch 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;
.HEREAS, all proceedings to date have been in conformity with 223-.38. 7 and 223.309
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:
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wage 1 of 3
ORDINANCE NO. 81-�� t
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
egal 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 Std 72nd Avenue to just north
of SW Varnes Road east of Std 72nd Avenue and SW Bonita, matching the existing
improvement at 1:-5, through the SW 72nd Avenue intersection.
Deductive alternates under this proposal shall include street lighting, rail-
road crossing improvements, traffic signals and sidewalks along one side of the
total length of the project.
Proposal "B". That Std 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 STJ Durham Road and southerly along SW 72nd
Avenue to the city limit line and that SW 72nd Avenue be graded to a standard f-
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 owner participation shall be limited, exclusive of right-of-way costs
exceeding $50,000 to $1.3 to $1.5 million.
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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
1all, 12420 SW Main Street, all proposals to be then and there publicly read.
Page 2 of 3
ORDINANCE NO. 61-
section That all la;lds situated within the boundaries described on the attached
r v FXHIBIT "A" are determined and declared to be a street improvement assessment
district, and it is Further declared that each lot, part of lot and parcel of land E
4within said boundaries will be especially benefitted by said ivaprovements, and that the total
4`. , estiu:atcd cost of the project is $3,097,000 and that the assessable cost, not to exceed
$1,500,000, exclusive of right-of-way costs exceeding $50,000, shall be assessed in full,
according to benefit against all lands within said improvement district, and that any [(
grants or similar offsets in costs received by the City of Tigard will be used to further t
increase the City participation and reduce the assessable costs.
Section 5: The Tigard city Council finds that the SW 72nd Avenue Local Improvement '
District improvements are of the character described in ORS 223.205, and
that they therefore qualify for financing by general obligation improvement warrants
pursuant to ORS 287.502 - 287.510.
Section 6: General obligation improvement warrants for the SW 72nd Avenue Local
Improvement District are hereby authorized to be issued in the aggregate
amount of $3,097,000. The warrants shall bear interest at the lowest rate that the
City can borrow on the date of issuance and shall constitute a general obligation of
the City of Tigard that shall mature on or before two years after the date of issue, but
not later than June 1, 1984. Warrants shall be retired as funds are received in
accordance with ORS 287.506.
Section 7: the Mayor and City Recorder are hereby authorized to execute the described
warrants in behalf of the City of. Tigard.
Section S: That inasmuch as it is necessary for the peace, health, and safety of the
people of the City of Tigard that the said improvements be constructed with
the least possible delay, an emergency is hereby declared to exist, and this ordinance
T shall become effective upon its passage by the Council and signature by the Mayor.
PASSED: By the Council, by unanimous vote of all Council members present, after
being read two times by number and title only, this � ^�`day of
1981.
Recorder '
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APPROVED:
By the Mayor, this day of }/rry,p , 1981.
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FACE 3of3 uu
ORUD:A. 'CE :.o. 81- 1 -�
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CITY OIC T1GARD, ORI?CONI
ORDINANCE No, 81-z .-
Itis U?°.':i:1lAt4CE IMEATllINC. ORD:[CII NCP: Pio, 81-45P;.R`C.` fD(IDtG 'I'0 'l'td� 721411 I.Wi.'-t� LID DECLARING
Isl �1usRGL'NCY,. s
. ...._.__-___.._._,._..__,....._._._..Y__.____._...._ ._..___...__..____.__,.... . . . _..... ...... _.._._, t � � to adjust the r�idc
'L>(1EPX'AS, tl.s 'Tigard City Council Meds it econotatc.:My ad;an ageOti ad'j �.
of ttte ro�-+d 1"+ecl under proposal. "At and ;B. For tj.,f� 77-Ltd Ati-e:nue LID..
6
NOW, THEREFORE,
THE CITY 0 TIGARD ORDAINS AS FOLLOWS-
Section to Section 1 Paragraph 2 and 4 of ()t:di.tiat?cct 81-45 are tmendsl: to read as foliows�
"Ilr—mosal "A". That Std 72nd Avenu-.2 be i.ml»:oved to the L_.sic city standard 401
foot- width curb to curb from just north of the intersection of SW 72nd Avenue
and >'rl Upper Boones Ferry Road (Ca-r.-men Drive) southerly along SW Upper Boom_-
Fer=— Road to a point just South of: SSd Dttrhsnt Road and Southerly along Std
72n�.Avenue to the cL_y limit line acrd to the basic cit; standard 40 foot
wider curb to curb from Just north of the i-n:.e•::section of SW Upper Boones
Fer_-: Road (Carmen Drive) nortlte:cly along SW 72nd Avenue to just north of
StJ arnes Road east o= Std 72nd Avenue and S;,' Boxcita, matching the existing
imp_ovement at I••5, through the. SW 72nd Av ra!e intersection.
"Prouosal "B". That J4 72nd Averiv! be impre �ed to the basic city standard 410
foo widtl-i curb to :.u_b from just .north of the i.nteraect_on of SW 72nd Aveltue
and SW Upper Boones Ferry Road (Crimen Drive) southerly along SW Upper Boo-nes
Ferry Road to a point just sou ti, of SW Ditri-i al Road and southerly along SW 2r!
.. Avenue to the city ii mi t line and t:ha t. SW 72nd Avenue be graded .to a s tan&.~e.
40 foot road bed arid paved to a 28 toot wi.cl:± �rithaut cL_bs and accommodatinz
as much stortadrainaue iu ditches its possible. Deductive alternates under thls
proposal shall include traffic eigctals, ra:llroae. crossings and street ligbts."
Section 2: That inasmuch as it is necessary for the. peace-, health, and safety of the
people of the City of Tigard that the said ir0provements as constructed with
the least possible delay and -wid:, all cost spvi-ags incl_. .s3, an emergency
is hereby declared to exist, and >'iai.s ordinance shall become effective up.-7.
its passage by the Council and approval by the Mayor.
Pt✓1 L;: the � C.,,... 1ti' vrlV pini VU; ..
all {Gti members Dt�S@c? ,
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�Fter _?.CL? ?L' Y n5 fly 1i1q- ,� �nrt :"' o:;l jr, tli C'' _ _ d-,r
A CorclFrr
. Glx>7.-r. - "iw Mayor,. th i° ^._r{..T��t� �•-;` �! r.5�.:.,y,C:l�l.�,. � , 19SI.
1
Mayor .
a`ts4a3l.[Vr1CfC 2: no. 8l� ��
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EXHIBIT A
L
LEGAL DESCRIPTION OF L.I.O.
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, 2SIlDB located on
the southerly right of way line of Varns Street; thence S 0409' E along the
West line of T.L. 710 143.28 feet; thence S 89005' W along the North line
of T.L. 800, 2511 D3 to an ns n ' i�h i e Son fpa3h /nnrrns+i9 r97 pr ,t ctanna�
from the westerly right of way line of S.W. 72nd Ave.nu ; nenc southerly
approximately 355 feet to the northwest corner of T.L. 100, 2S110C, which is
--_ '€ocated-on—the•easterly' igtii: of way line of 74th Avenue'(a 40. foot rig
- ht:hif._
� 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- Iine of T.L. 800, 2Sl1DC 820.57 feet to the southerly corner of.
- -T.L: 2000--ZS11DC; thence-N 41451' W .251.38 feet to the.northwesterly--comer
of T.L. 800; thence southerly along the Test line of T.L. 800 approximately
440 feet to the nort%easterly 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; then-6n
East along the South line of T.L. 402 approximately 400 feet to the northwest
corner of T.L. 501 , 2S112A; thence S 0409' W 326.2 feet along the West line of _
T.L. 501 and its southerly extension to the northerly right sof way line of
Bonita Road (a 40 foot right of way); thence southwesterly approximately 50 feet
to the northwest corner of T.L. 1900, 25112A; thence S On- r- approximately iso
feet to the southwest corner of T.L. 1900; thence S 55455'38" W along the northerly
line of T.L. 1902, 25112A 163.11 feet to the northeasterly right of way line of
the Southern Pacific Railroad (a 100 foot right of way) ; thence southeasterly f
along said right of way line approximately 1000 feet to a point an the northerly
line extendedof T.L. 400, 2511208; 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 alongsaid right of way line approximately 2255 feet to the southwest
E
t
corner of T.L. 200, 2S112DC; thence rl 88°29'35" E 316.61 feet to the southeast
carnet of T.L. 200; thence s 00052`460° E 253.15 feet to a point on the West
line of T.L. 2102, 2S112D; thence S 89°46'10" W along the North line of T.L. 1900,
251120 approximately 380 feet to the easterly right of way line of the Oregon
Electric ?ailway; thence southwesterly 153.8 feet to the northerly right of way
of Fanno Creek Place (a 40 foot r=ight of way); thence southwesterly approximately
41 feet to the northwest corner of T.L. 1301, 2Sll3A; thence southwesterly
approximately 480 feet along the West line of T.L. 1301 and T.L. 1200, 2S113A 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 lineof Upper Boones Ferry Road approximately 165 feet; thence S 41043' E
'.',7:7 -approximately 2.84 feet to a point on the :-lest line of T.L., 1100, 2S113A; thence -�
-South along the West line of "T.L. ].100 approximately 230.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 lest along a North 4ine of T.L.. 2100
120 feet; thence South along a'West line of T.L. 2100 I00 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 fast 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 norith4tiesterly
along said southerly right of way line approximately 1160 feet to the northerly
right of way of Upper Boones Ferry Road; thence northeasterly along the northerly
right of way line of Upper Boones Ferry Road approximately 660 feet to the
westerly right of way of Interstate 5 (1-5); 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 756600 feet to
the easterly right of clay line of 72nd Avenue (a 105 foot right of way); thence
-2-
f � o
• southerly along said easterly line approximately 45 feet; thence westerly
approximately 105 feet to the northeast corner of T.L. 701 , 2SllD3; thence
S 89005' W along the North line of T.L. 701 100.98 feet to the point of
beginning.
EXHIBIT "A"
t
CITY OF TIGARD, OREGON '
Y'Y RESOLUTION No. 81 _
DEGL.ILRING AN INTENTION TO CONSTRUCT CERTAIN STREET IMPROVBrfFaVTS WITHIN AN AREA
DETER:KINED TO BE A STET D2ROVII`ENT ASSESSIfZNT DISTRICT TO BE R.N014N AS SOUTHWEST
72nd AV E AREA L.I.D. No. 21; DESCRIBING THE PROBABLE TOTAL ASSESSABLE COST
THEREOF: DEFINING THE BOUNDARIES OF THE DISTRICT TO BE BENEFITED AND ASSESSED:
APPROVING AND ADOPTING PLANS = SPECIFICATIONS FOR THE WORK AND ESTIMATES OF THE
CITY'S ENGINEER, AND SETTING PUBLIC HEARING AND DIRECTING THE GIVING Or NOTICE 7HEREOF.
WHERE.93, the City Council has accepted a petition requesting street improvements
and has ordered preparation of a preliminary engineering- report, pursuant thereto,
at the Council's regular meeting of May 19, 1980, and
WgEREAS., pursuant to Chapter 13.04 of Tigard Municipal Cbde, City Council
finds it (:xpedient and necessary to order the improvement of the_ hereinbelow•described -
Lands by'•construction of street-facilities and appurentances-thereto, 'and pursuant
thereto the City's Engineer. has submitted to the Council .plans, specifications. and...._. :_
estimates for the work to be done and the probable cost thereof together with a -- -
statement of the lots, parts of lots and parcels of. land to be benefited and the
apportionment of the total cost of the improvements which each of said lots, parts
of lots and parcels of land shall be assessed on account of the benefits derived;
and
WHEREAS, the Council finds that said plans, specifications and estimates are
satisfactory.
NOW, THEFORE, BE IT RESOLVED BY THE CITY COliivCIL OF THE CITY OF TIGARD
as follows:
(a) That the City Council does hereby deem it expedient and necessary,
and does hereby declare its intention'to improve the aforesaid Southwest 72nd Avenue
Area by construction of street facilities and appurtenances thereto.
(b) That all lands situated within the boundaries described on the attached
"EXHIBIT A" are determined and declared to be a street :improvement assessment
district, to be known as "Southwest 72nd Avenue Area", and it is iurtrier declared
that each lot, part of lot and parcel of land within said boundaries will be
especially benefited by said improvements, and that the total estimated assessable
cost of $2,718,026.12 for said improvements, shall be assessed in full, on--a
combination front foot-area basis against all lands within said improvement district.
(c) That the plans, specifications and estimates. with respect to the atreet
improvements as submitted by the City's engineers be, and the same are hereby,
adapted and ordered to be maintained on file by the City Recorder for public'inspection.
(d) That Monday, the. 9th day of February, 1981, at the hour of 8:00 P.M., at
I� Fouler Junior High School Lecture Room, 10865 SW Walnut, Tigard, Oregon, be, and the
same are hereby set as the time and place for hearing and considering objections or
remonstrances to the proposed improvement by any parties aggrieved thereby.
i
=` RESOLUTION No. 81
x,,
;a
�,• (e) That the City Recorder be, and she is hereby, directed to give notice
by causing to have this resolution published in the Tigard Times, issues of
1` January 21, 1981 and January 28, 1981.
PASSED: 8y Council on this day of �Lst�,�tr, ,� � 1981.
Mayor - City of Tigard
ATTEST:
Recorder - City. o Tigan
Page 2
UtSOLUTIOU No. 81 -
i
. r
CITY OF TIGARD, OREGON
RESOLUTION NO. 82-22
DECLARING AN INTENTION TO CONSTRUCT CERTAIN STREET IMPROVEMENTS WITHIN AN AREA {
DETERMINED TO BE A STREET IMPROVEMENT
ASSESSMENT
PDISTRICT
ROBABLE TTO BE KNOWN
NAAS SOUTHWEST
72nd AVENUE AREA L.I.D. No. 21; }
COST
THEREOF: DEFINING THE BOUNDARIES OF THE DISTRICT TO BE BENEFITED AND ASSESSED:
FICATIONS FOR THE WORK AND ESTIMATES OF THE
APPROVING AND ADOPTING PLANS AND SPECI
CITY'S ENGINEER, AND SETTING PUBLIC HEARING AND DIRECTING THE GIVING OF NOTICE THEREOF.
r
i
WHEREAS, the City Council has accepted a petition requesting street improvements
and has ordered preparation of a preliminary engineering report, p,irsuant thereto,
at the Council's regular meeting of May 19, 1980, and
4 of Tigard Municipal Code, City Council
WHEREAS, pursuant to Chapter 13.0
essary to order the improvement of the hereinbelow described
finds it expedient and nec
treet facilities and appurentances thereto, and pursuant
lands by construction of s 1
thereto the City's Engineer has submitted to the Council plans, specifications and
the probable cost therof together with a
estimates for the work to be done and
statement of the lots, parts of lots and parcels of land to be benefited and the
apportionment of the total cost of the improvements which each of said lots, p
or lots and parcels of land shall be assessed on account of the benefits derived;
and t
WHEREAS, the Council finds that said plans, specifications and estimates are
satisfactory.
i
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TIGARD g
as follows: t
(a) That the City Council does hereby deem it expedient and necessary,
declare its intention to improve the aforesaid Southwest 72nd Avenue
and does hereby
Area by construction of street facilities and appurtenances thereto.
(b) That all lands situated within the boundaries described on the attached
"EXHIBIT A" are determined and declared to be a street improvement assessment
district, to be known as "Southwest 72nd Avenue Area", and it is further declared
that each lot, part of lot and parcel of land within said boundaries will be i
especially benefited by said improvements, and that the cos
-way acquisition costs in excess t of $1,500,000 plus right-
of of $50,000.00 for said improvements, shall be
assessed in full, on a combination front foot-area basis against all lands within said 4
improvement district.
(c) That the plans, specifications and estimates with respect to the street r
improvements as submitted by the City's engineers be, and the same are hereby, adopted
by the City Recorder for public inspection.
and ordered to be maintained on file
(d) That Monday, the 29th day of March 1982, at the hour of 8:00 P.M., at
Fowler. Junior High School Lecture Room, 10865 S.W. Walnut, Tigard. Oregon, be, and the
same are hereby set as the time and place for hearing and considering objections or
remonstrances to the proposed improvement by any parties aggrieved thereby,
uVcnTJ1TION NO. 82-22 `
i
I
(� (e) That the City Recorder be, and she is hereby, directed to give notice
by causing to have this resolution published in the Tigard Times, issues of
March 18, 1982 and March 25, 1982.
PASSED: By Council on this 8 day of March , 1982.
Mayor - City of Tigard
ATTEST:
Recorder City of Tiga
RESOLUTION NO 82-22
32nd. :VP2'UE AREA L.I.D. No. 21