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Ordinance No. 83-31 • CITY OF TIGARD, OREGON ORDINANCE NO. 83-•-_ E AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTION OF THE CITY COUNCIL OF APRIL 25, 1983, WITH RESPECT TO SW 68th PARKWAY (STREET) IMPROVEMENT DISTRICT LID # 35; APPROV- ING, RATIFYING AND ADOPTING PLANS, SPECIFICATIONS AND ESTIMATES FOR CONSTRUCTION OF SAID STREET IMPROVEMENT: 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 April 25, 1983, 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 assess- ment 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 a hearing was duly called to be held in Fowler Junior High school, 10865 SW Walnut Street, Tigard, Oregon, on May 23, 1983 at the hour of 7:30 p.m, for the purpose of affording an opportunity to any parties ag- grieved by the proposal to make objections or remonstrances to the prcposed improve- ment; and WHEREAS, pursuant to said resolution, due and legal notice of said hearing was given by publication in the Tigard Times on May 12 and May 19, 1983, prior to said ( _ hearings; and WHEREAS, said hearing was duly and regularly called to order and held in Fowler Junior High School at 10865 SW Walnut Street, Tigard, Oregon, on May 23 and continued on June 13, 1983, at the hour of 7:30 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 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, all proceedings to date have been in conformity with ORS 223,387 and 223.359 and Tigard Municipal Code, Chapter 13, of the City of Tigard, and allprocedures were regularly and lawfully conducted; NOW, THEREFORE, THE CITY OF TIGARD ORDIANS AS FOLLOWS: Section 1: That all matters set forth in the resolution of the Citv Council of the City of Tigard, Oregon, on April 25, 1983, a copy whereof is hereto attached marked Exhibit "A" 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, except that the engineer's report be amended to incorporate relevant public hearing engineering design i testimony, thereinregard, and the boundaries of the area known as SW 68th Parkway (Street) Improvement District as heretofore described in said resolution be, and the same are hereby declared and fixed in accordance -,nth said description except zone depth be increased to 370'; reinbirsement for right-cf-way be based on appraised value and be done by single appraiser. 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 68th Parkway Street Improvement District in conformity in all reasonable parti- culars 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 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 and time for opening of bids in the City of Tigard, Oregon, City Hall, all proposals to be then and there publicly read. Section 4; That all lands situated within the boundaries described on the attached Exhibit "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 within said boundaries will be especially benefitted by said improvements, and that the estimated cost is $ 415,495 for said improvements, the assessable costs are estimated to be $ 363,495 which shall be assessed in full, according to benefit against all lands within said improvement district. Section 6: The Tigard City Council finds that the 68th Parkway L.I.D. # 35 improve- ments are of the character described in ORS 223.205, and that they there- fore qualify for financing by general obligation improvement warrants pursuant to ORS 287.502 287.510. Section 6: General oblication improvement warrants for the 68th Parkway L.I.D. #35 are hereby authorized to be issued in the aggregate amount of $ 363,495 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 date of issue, but not later than June 15, 1983 Warrants shall be retired as funds are recieved in accordance with ORS 287.506. Section 7: The Mayor and City Recorder are hereby authorized to execute the described warrents in behalf of the City of Tigard. Section 8: That inasmuch as it is necessary for the peace, health, and safety of 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, by /, p,&,I1r4ousvote of all Council members present, after being read by number and title only, this a-1_ day of u h 1983. ATTEST: oala .� Mayor Recorder - City ofTi ORDINANCE NO. 83-� Page 2 EXHIBIT "A" ,y CITY OF TIGARD, OREGON RESOLUTION NO. 83- 41 DECLARING AN INTENTION TO CONSTRUCT CERTAIN STREET AND UTILITY IMPROVEMENTS WITHIN AN AREA DETERMINED TO BE A STREET IMPROVEMENT ASSESSMENT DISTRICT TO BE KNOWN AS STREET IMPROVEMENTS DISTRICT N0. 35 FOR S.W. 68TH PARKWAY: DESCRIBING THE PROBABLE TOTAL COST THEREOF; DEFINING THE BOUNDARIES OF THE DISTRICT TO BE BENEFITED AND ASSESSED; APPROVING A14D ADOPTING PLANS AND SPECIFICATIONS FOR THE 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 petitions requesting street and utility improvements and has ordered preparation of a preliminary engineering report, pursuant thereto, at the Council.l's regular meeting of April 25, 1983. WHEREAS, pursuant to Chapter 13.04 of the Tigard Municipal Code, City Council finds it expedient and necessary to order the improvement of the facilities and appurtenances 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, 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 construct aforesaid S.W. 68th Parkway by construction of pavement, curbs, sidewalk, street, water, storm sewer, sanitary sewer facilities and appurtenances thereto. (b) That all lands situated within the boundaries described on the attached "EXHIBIT A" ars: determined and declared to be a street improvement assessment district, to be known as "S.W. 68th Parkway Improvement District", and it is further declared that each lot, part of lot and parcel of lard within said boundaries will be especially benefited by ' said improvements, and that the total estimated costs is $415,495 for said improvements utilizing alternative B, as provided on page 24 of the engineer's report, the engineering, legal, and administrative costs of which shall he paid by the City and the remaining shall be assessed in full, on a frontage and area basis, against all lands within said improvement district. (c) ..slat ,_,_ -.�. -..,ate -t„e p,.�,.,b, specifications, and estimatedwith respect to the 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. t RESOLUTION NO. 83- 41 All (d) That Monday, May 23, 1983, at the hour of 7:30 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. (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 May 12 and May 19, 1983. (f) Within ten days from the date of the first publication of the notice of this resolution of the owners of 66 2/3X or more of area of the property within the boundaries described in "EXHIBIT A" hereto attached, may make a file with the City Recorder a written objection or remonstrance against the proposed improvements. (g) The City Engineer be and is hereby authorized and directed to negotiate an engineering contract for the said improvement with Cooper Engineering. Dated at Tigard, Oregon this �. - day of A , 1983. 9 - Mayo -City of Tigard ATTEST: City Recorder - City'o Tigard 4 3 EXHIBIT "A" RESOLUTION NO. 83--41 Page 2 (0557A) i lr "EXHIBIT A" BOUNDARY DESCRIPTION S.W. 68TH PARKWAY LOCAL IMPROVEMENT DISTRICT Beginning at the northwest corner of the West Portland Heights Subdivision, a Subdivision of record filed in Washington County Plat Records, in �ection 36, Township 1 South, Range 1 West, Willamette Meridian: thence N 00 40'W, a distance of 659.05 feet to a point;thence East 159.2 feet to the south- west corner of Lot 1, WAY LEE, a subdivision of record filed in Washington County Plat Records; thence N 00°42`09"W, 659.31 feet to a point; thence N 00'40'W 258.87 feet to a point on the southeasterly right-of-way of Pacific Highway (West); thence in a northeasterly direction along the right-of-way of said PacificHighway and along the arc of a 1116.00 foot ra$ius curve to the right 84.25 feet (the long chord of which bears N 4 60 34'50"E, 84.23 feet); thence along the arc of an 80.00 foot offset spiral curve to the right, 144.54 feet (the long chord of which bears N 54 22'30"E, 144.53 feet); thence, leaving said southeasterly right-of-way of Pacific Highway and along the w&sterly right of S.W.69th Avenue the fol - lowing three (3) courses: (1) S 41 23'51" E, 8.83 feet, (2) along the arc of a 123.71 foot radius curve to the right 78.50 feet, (3) along the arc of a 221 foot radius curve to the left 355.66 feet to a point; thence, leaving 'S said westerly right-of-way of S.W. 69th Avenue:, S 00°10'50" W, 16.37 feet to a,point on the East and West quarter line through said section 36; thence East, along said East and West quarter line, 829.5 feet to a brass cap monument marking the East 1/4 corner of said section 36; thence, along - the east line of said section 36, South, 218.70 feet to a 5/8" iron rod on the easterly right-of-way line of Interstate Highway 5; thence along said easterly right-of-way line and along the arc of a 3333.10 foot radius curve to the left 1032.18 feet more or less to a point on the northerly line of relocated S.W. Haines Street, thence, along said northerly line of relo- cated S.W. Haines Street and along the arc of a 209.15 foot radius curve to the left 141 feet more or Tess; theme continuing along said northerly line of relocated S.W. Haines Street S 51 37'40"ii 150.04 feet to a point on the north line of said West Portland Heights Subdivision; thence along said t north line West 803.4 feet more or Tess to the point of beginning.