Resolution No. 87-103 CITY OF TIGARD, OREGON
RESOLUTION NO. 87- LLQ
CALLING FOR A PUBLIC HEARING INVITING PUBLIC TESTIMONY AND
COMKENT ON DARTMOUTH STREET IMPROVEMENT DISTRICT #40 AND TO
DETERMINE THE NEED FOR AND SCOPE OF A CURATIVE HEARING PURSUANT
TO TMC 13.04.065.
WHEREAS, on April 9, 1984, the Tigard City Council passed
Ordinance 84-17, establishing the Dartmo.ttki Street Local Improve-
ment 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'
challenges against the formation of the LID but did rule that the
assessment was defective because a portion of the planned Improve-
ment was not located within the legal boundaries of the LID, and
therefore vet aside the assessment as void and remanded the case
for further proceedings, and
WHEREAS, certain property owners within the LID have requested
the city to continue with the LID as rapidly as possible, and
WHEREAS, certain other property ownevs within the LID have
communicated concerns to the city regarding various aspects of the
LID, and have expressed a desire to participate in a public hearing
designed to solicit inquiries and comments regarding the LID, and
WHEREAS, TMC 13.04.055 provides that City Council may hold a
hearing to cure defects in and delete portions: of the LID, and to
make necessary amendments to the preliminary engineer's report as
the Council deems necessary, and
WHEREAS, prior to determining whether to proceed with the
hearing authorized by TMC 13.04.055, and prior to making a determi-
nation of the issues to be considered at such a hearing, and so as
to receive and review public comment oa all issues of public
interest concerning the LID, the City Council desires to hold a
hearing,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF TIGA_R'D AS FQLLOWS:
The City Council will hold a public hear in on August 3,
1987, at the Tigard Civic Center, at Z.��a p_.. , to
take: public testimony and comment on LID #40, and further
to determine whether or not to hold a curative hearing
pursuant to TMC 13.04.055, and, in the event that such a
hearing is scheduled, to further determine the issues
pertinent to that hearing and the scope of review
thereof.
PASSED: This 934'n day of July, 1987, by the City Council
of Tigard, Oregon.
Mayor - City of Tigard
Attest:
�tfL r1 4n qhs -1L h(5z t L'4
Deputy Recorder - City of Tigard
RESOLUTION NO. 57-1
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