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Ordinance No. 85-47 CITY OF TIGARD, OREGON ORDINANCE NO. ,+nn,c4.1 n •n:r AND RATIFYING TME RESOLUTION OF THE CITY AN ORDINANCE I"IODSF YING, C.,,a, .,.,.MI%1G COUNCIL OF OCTOBER 28, 1985, WITH RESPECT TO SW HALLIBURNHAM (STREET) IMPROVEMENT' DISTRICT LID #85-1; APPROVING, RATIFYING AND ADOPTING AMENDED PRELIMINARY 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 3 Tigard at 'its regular meeting of October 28, 1985, copy attached, «.a., w,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 or 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 a hearing was duly called to be held in Fowler Junior High School, 10865 SW Walnut Street, Tigard, Oregon, on November 25, 1985, the hour of 7:00 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 WHEREAS, pursuant to said resolution, due arid legal notice of said hearing was given by publication in the Tigard Times on November 7, 1985, 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 November 25, 1985, at the hour of 7:00 P.M. ; and WHEREAS, the Tigard city Council of November 25, 1985, found it necessary as a result of the public hearing to modify the boundary and scope of the project as represented in Exhibit "A" WHEREAS, by the terms of said resolution and publication, written objection 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 taus presented prior to and at the hearing represent the owners of less than 66-2l3% 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 "RDTNANCE NO. 85--_&L7 Page 1 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 all procedures were regularly and lawfully conducted; THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: J'hat all matters set forth in the resolution of the City Council of the City of Tigard, Oregon, on October 28, 1985, a copy whereof is hereto attached marked Exhibit "B" 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 testimony and the boundaries of the area known as SW Hall/Burnham (Street) Improvement District as heretofore described in said resolution be, and the same are hereby declared and fixed in accordance with said description, except that Tax Map 3S1 20A, Tax Lot ##200 be excluded from the Improvement District, said improvements to extend to within seven feet (westerly) of the roadway centerline. 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 tie boundary of said SW Hall/Burnham Street Improvement District in conformity in all. reasonable particulars with the plans and specifications by said resolution adopted and hereby amended, 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 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 "B", excluding Tax Map 2S).-2DA, Tax Lot 02.00, 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 $179,000 for said improvements, the assessable costs are estimated to be $179,000 which shall be assessed in full, according to benefit on a front footage and area basis, against all lands within said improvement district. .F ORDINANCE NO. 85--AZ— Page aa- A'Page 2 Section 5: The Tigard City Council finds that the SW Hall/Burnham LID #85--1 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 Hall/Burnham 1.-:CD #85--1 are hereby authorized to be issued in the aggregate amount of $179,000. 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 date of issue, but not later than June 30, 1988. Warrants shall be retired as funds are received in accordance with ORS 287.506. Section 7: The Mayor and Finance Director are hereby authorized -to execute the described warraits on behalf of the City of Tigard. Section 8: 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 11.j,aA;Iim v u 5 vote of all Council members present after being read by number and title only, this /a day of 1905. [oreeen Wilson, Deputy; corder APPROVED: This day of ��e t_ 1985. hn E. Co6k, Mayor -- i�" (2174P) ORDINANCE 1110, OE- Page 3 EXHIBIT "A" SOUTHWEST HALL, BLVD/BURNHAM LID 85-1 CONSTRUCTION COST ESTIMATE Additional meetings were held with property owners in November 1985 to discuss the proposed improvements. One alternative discussed was to eliminate Tf L 200 from the LID, improve the road to approximately 7 feet from the c_^nter line. The costs for this alternate are as follows: Item Improvements zStreet improvements to curbs $ 45,000 �C VAnn Storm drainage 3_3�u%"v { Subtotal Construction Costs 93,000 t Right of way Acquisition 42,000 f Administration, engineering and contingency 44,000 pRO.iECT COSTS $179,000 The proposed assessments for this alternate, shown in Table 2, would be reduced to the following amounts: Half-Street Tax Lot Owner _ tkiest 400 Richard N. Sturgis $ 24,004 401 Cita of Tigard 93,000 702 Richard N. & Francis C. Sturgis 25,000 701 Tigard Christian Church 36,000 Total for Half-Street $179,000 (JW:bs/3486A) EXHIBIT nBn CITY OF TIGARD, OREGON :RESOLUTION NO. 85-_EZ DECLARING AN INTENTION TO FORM A LOCAL IMPROVEMENT DISTRICT TO CONSTRUCT HALF STREET IMPROVEMENTS WITHIN AN AREA DETERMINED TO BE SW WALL/BURNHAM, SETTING A PUBLIC NEARING AND DIRECTING NOTICE TO BE GIVEN. I; WHEREAS, the City Council has ordered preparation of a preliminary engineering report, and WHEREAS, pursuant to City of i lgard Ordinance No. 85-40, C,tV fiC d ?,t expedient and necessary to order the improvement of the hereinbelow described lands by construction of half-street 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 benefitted and the apportionment of the total cost of the improvementswhich each of said lots, parts of the lots and parcels of land shall be assessed on account of the benefits dorived; and WHEREAS, the Council finds that said plans, specifications and estimates are satisfactory. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: (a) That the City Council does hereby deem it expedient and necessary; and does hereby declare it's intention to improve the aforesaid portion of SW Hall/Burnham by construction of curb, sidewalk, street, storm sewer, and appurtenance 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 SW Hall/Burnham Improvement District 85-01, 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 $253,000.00 for said h improvements shall be assessed in full, on a front footage and area basis, against all lands within said improvement district. (c) , That the glans, specifications and estimates with 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 b the City Recorder for ~ y .f public inspection. RESOLUTION NO. 85- f�age ! (d) That Monday November 25, 1985 the City Council will hold a public hearing at Fowler Junior High School, 10865 SW Walnut. Tigard, Oregon, beginning at 7:00 p.m. . At this time City Council will consider objections or remonstrances to the proposed improvement by any parties aggrieved thereby. (e) The City Recorder is hereby directed to give notice in the Tigard Times November 14, 1985. (f) Oral or written objections and remonstrances shall be made with the City Recorder prior to the close of the public hearing. PASSE©: This day of 1985. taffixamm Mayor - City of Tigard ATTEST: Deputy City Recorder - City of Tigard (20368) t RESOLUTION NO. 85'- • EXHrOIA "A" Description of Assessment and district boundary for local Improvement District 85-1 (Hall-Burnham) A tract of land located in the East half of Section 2, Township 2 South, Range 1 West, W.Cp, , City of Tigard, Washington County, Oregon; said tract being more particularly described as follows: Beginning at the intersection of the north line of SW O'Mara Street (County Road No. 567) with the west line of SW Hall Blvd. (County Road No. 227) thence North A40 38' 00" West 280 feet, ::^.ore or less to a po*.It that is 220 feet west of the west line of said SW Hall Blvd. (when measured at right angles); thence parallel with the west line of said SW Hall Blvd.. 970 feet. more or less, to the south line of that tract of land conveyed to Robert and Marilyn Hudson and recorded in document Na. 78-55052, Washington County Deed records, thence on the boundary of said Hudson tractt North 990 n , AA" e,enaf 7n f`c& sout ::c- Or •rss :ereo ; tence North 01 30' East 160 feet to the south line of Sid Burnham Street (County Road No. 997); thence on the south line of said Burnham Street South 890 00' 00" East 170 feet, more or a less, to the west line of the relocated SW Hall Blvd. , thence southesterly and southerly on said relocated line and the west line of Cosnty Road 227 IIgn F, a -Fc yr less, t0 the point of beginning. Excepting therefrom that portion of property along SW Hall Blvd. and SW Burnham Street that will be dedicated as public road right-of-way. (RSC:bs/1725P)