Ordinance No. 86-21 CITY OF TIGARD, OREGON
ORDINANCE NO. 86-.�q, �
AN ORDINANCE AMENDING ORDINANCE 85-40 RELATING 10 LOCAL IMPROVEMENT'S.
WHEREAS, State law in ORS 223.389 mandates the Council prescribe by ordinance
or resolution the procedure to be followed in mailing local assessments for
benefits from a local improvement upon the lots which have been benefited by
all or part of the improvement; and
WHEREAS, the Caunci! maywhenamend these ordinances and%or resolutions when uc�.,.�deemcd
..
necessary; and
WHEREAS the Council has determined it necessary to revise Ordinance 85-40.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1. Ordinance 85-40 to be amended by adding the following language at
the end of Section 5B(1)(a): If it is determined that it is necessary to
enter onto property within the proposed district for surveying or other
engineering purposes, the Preliminary . Report shall include an
adequate description of the properties to be entered mon and a detailed
description of the work to be done on the properties.
Section 2: Ordinance 85-40 to be amended by adding Section 7.1 Public Hearing
on final plans and sperifications may be called when deemed necessary, by City
Council.
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A. When City Council deems it in the best interest of the public, or when_a
material defect in the preliminary plans and specifications of the local
improvement district has been found, a public hearing on the final plans and
specifications :nom be called The Council may cure defects, or delete
portions of the plans which `haye been declared void or set aside for any
reason, and make necessary additions to the information in Section 561, the
Preliminary Engineer's Report.
C. The notice of public hearing shall follow Ordinance No. 85-40 Section 6.B.
6, ' Hearing Procedure: The City Council snail consider oral and written
testimony:
Section 3. Ordinance 85-40 to be amended by adding the following immediately
after Section 7B(2): a. Unless stated otherwise in the Final Plan and
Specifications, all technical requirements for the proposed improvements ,
such as curb heights, overlay thicknesses, etc'., shall be those on file with
the City Engineer as the approved requirements for all construction within the
City.
ORDINANCE NO. 86- I
b. A description of all necessary rights-of–way and easements shall be
included 1n the Final Rlan and Specifications. Easements may be acquired for
any necessary public use within the district and may include easements for
access to properties that would otherwise have no public access or would have
t inadequate public access.
Section 4. ordinance 85-40 to be amended by deleting [ ] in Section 70: �
The resolution accepting the final report [which] may include sections on the
improvement, finance, and legal summaries.
Section 5. Ordinance 85-40 to be amended by adding Section 8A(1)(i): i. The
costs of all administrative expenses, including legal fees, expended on a
previously instituted improvement within the district voundary, where the
previous improvement was abandoned, delayed by_ lit ;ration or otherwise not �—
comp] azvlanned. �.
■.,.
Section 6. Ordinance 85-40 to be amended by adding Section 8B(3): 3. As an
alternative to a preassessment procedure, the Council may contract for
`. indebtedness sufficient to cover the costs and expenses of the proposed local
im,pryemen4, Upon the completion of the improvement, the benefited property
owners will be finally assessed proportionate to the benefits Derived from the
improvement, and these assessments will be used to repay the indebtedness and
the interest on the indebtedness. The final assessments under this procedure ,
shall be eligible for payment in installments, as outlined in Section 9B
below. The final assessments under this section shall be entered in the
City's lien docket and shall become a lien on the assessed property, as
outlined in Section 10A below. The liens created by these assessments mai; be
�, . placed as security for any indebtedness incurred by the City to cover the
costs of the proposed improvement.
P6 SSEu: gy �.-� m:�•• n<< .e vote of all Council members present after
being read by number and title only, this zZI 7lj day
of Apt; 1 1986.
T �M1
' a
-Loreen R, Wilson, Deputy Recorder
APPROVED: This day of/
4 1 1986.
J
o 'E. Cook, Mayor
ORDINANCE NO. 86-
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