Ordinance No. 88-08 CITY OF TIGARD
ORDINANCE NO. 88-13
AN ORDINANCE CURING DEFECTS IN THE PLANS FOR THE DARTMOUTH STREET
LOCAL IMPROVEMENT DISTRICT, AMENDING ORDINANCE 84-17, ADOPTING FINAL
PLANS AND SPECIFICATIONS AND A REVISED PRELIMINARY ENGINEER'S
REPORT, AND ESTABLISHING A FINAL ASSESSMENT PROCEDURE.
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WHEREAS, on April 9, 1984, the Tigard City Council passed
Ordinance 84-17 establishing the Dartmouth Street Local Improvement
District (LID #40) ; and
WHEREAS, in a writ of review proceeding against the LID, the
Oregon Court of Appeals found no merit to the petitioners'
challenge to the formation of the LID but did rule that the assess-
ment was defective because a portion of the planned improvement was
not located within the legal boundaries of the LID and, therefore,
set aside the assessment as void and remanded the case for further
proceedings not inconsistent with its opinion; and x
WHEREAS, the City Council held a public hearing on August 10,
1987, to receive and review public comment on all issues of public
interest concerning the LID; and
WHEREAS, on March 14, 1988, the City Council passed Resolution
No. 88-23, scheduling a hearing pursuant to Tigard Municipal Code
13.04.055 on the final plans and specifications of the LID to deter-
mine whether the City Council should cure defects or delete portions
of the plans which have been declared void or set aside for any
reason, and to determine whether it should make necessary additions
to the preliminary engineer's report so as to proceed with the LID;
and
WHEREAS, Resolution 88-23 set the public hearing pursuant to
Tigard Municipal Code 13.04.055 for March 28, 1988, and the City
Council, acting upon the request of an affected property owner,
continued that hearing to April 11 , 1988; and F'
WHEREAS, public notice of the meeting to be held pursuant to
Tigard Municipal Code 13.04.055 has been given pursuant to Tigard
Municipal Code 13.04.055(b) , including notice by mail to affected
property owners and
WHEREAS, the final plans and specifications and the preliminary
engineer's report, as revised March 21 , 1988, have been presented to
the City Council; and
WHEREAS, the Citv has received a proposed agreement from the E
Oregon Department of Transportation regarding the construction of
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roadway immprovements and the modification of existing traffic
signals at the intersection of Pacific Highway West and the proposed s
extension of Dartmcuth Street; and
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WHEREAS, having held the hearing pursuant to Tigard Municipal
Code 13.04.055, and having considered the record herein, including
the oral and written testimony submitted in this and prior hearings;
and F
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WHEREAS, the City Council deems it in the best interest of the
public to cure defects and delete portions of the plans, to make
revisions to the preliminary engineer's report, to proceed by the
final assessment method authorized by Tigard Municipal Code f
13.04.060, and to amend Ordinance 84-17 accordingly;
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NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: 4
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Section 1 : Ordinance 84-17 (including Resolution No. 84-14, as
adopted therein) is amended to delete that portion of
the planned improvement not located within the legal
boundaries of the LID so as to comply with the ruling
of the Oregon Court of Appeals in Martin v. City of
Tigard, 78 Or.App. 181 , 714 P.2d 1115 (1986) , and is
further amended to comply with the provisions of this
ordinance, which shall be deemed to include the final
plans and specifications and revised preliniary
engineer's report approved and adopted herein.
Section 2: The final plans and specifications and staff reports in
support thereof are approved and adopted.
Section 3: The office of the City Engineer is authorized to
approve minor adjustments or revisions to the final
plans and specifications as recommended by the project
engineer. A minor change is a change in one or more
details of the final plans and modifications, but shall
not include a change that would materially affect the
scope of the project.
Section 4: The preliminary engineer's report, as revised on March
21 , 1988, is approved and adopted.
Section. 5: The assessment for the LID shall be by the final
assessment method authorized by Tigard Municipal Code
13 04.060. The estimated cost of the project shall be
that as appears in the revised preliminary engineer's
report, and information and directives in prior plans,
reports or Ordinance 84-17 regarding estimates for the
purposes of preliminary assessments, or regarding the
establishment of a preliminary assessment roll, shall
be amended and deleted accordingly.
ORDINANCE NO. 88-04P
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Section 6: The Oregon Court of Appeals having upheld the formation
of the LID pursuant to Ordinance 84-17, the City
Council directs the acquisition of land and the
construction of the street improvement, all as
authorized by Ordinance 84-17, as amended herein.
Section 7: The City Council finds that the LID improvements are of
a character described in ORS 233.205, and the improve-
ments qualify for financing by general obligation
improvement warrants pursuant to ORS 287.502-ORS
287.515.
Section 8: General obligation warrants are authorized. The
interest rate shall be the lowest interest rate at
which the City can borrow on the date of the sale.
Section 9: The designated city officials are authorized and shall
enter an agreement with the Oregon Department of
Transportation.
Section 10: The Mayor, City Administrator, and Finance Director are
authorized to execute the general obligation improve-
ment warrants on behalf of the City.
PASSED: By tr NAn;Trnou5 vote of all Council members oresent
after being read by number and title only, this
�.- day of �_ �0 1988.
i Recorder - City of T_gard
APPROVED: This day of 1988.
fA.
Mayor - City of Tigard
APPROVED AS TO FORD':
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C Attorney p
Date:
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