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Ordinance No. 81-83 f Y t r r CITY OF TIGARD, OREGON ORDINANCE No. 81_%J AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTION OF THE CITY COUNCIL OF JUNE 22, 1981, WITH RESPECT TO TIGARDVILLE HEIGHTS - STREET IMPROVEMENT DISTRICT (LID 4x`28); APPROVING, RATIFYING AND ADOPTING PLANS, SPECIFICATIONS AND ESTIMATES FOR If CONSTRUCTION OF STREET IMPROVEMENTS; 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 by this its regular meeting of June 22, 1981 a copy whereof is hereto attached and 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 was described, and the Council declared its intention to construct street he costs thereof against the property within the boundaries improvements and to assess t specially benefited; and WHEREAS, by the terms of said resolution a hearing was duly called to be held in Fowler Junior High School at 10865 SW Walnut Street in Tigard, Oregon, on July 13, 1981, at the hour of 8:00 P.M. for the purpose of affording an opportunity to any parties aggrieved by the proposal to make objections or remonstrances to the proposed improvements; and WHEREAS, pursuant to said resolution, due and legal notice of said hearing was given by publication in the Tigard Times for publishings on July 2, July 9, 1981 and August 13, August 20, 1981 prior to said hearing; and WHEREAS, said hearing was duly and regularly called to order and held in Fowler n, on July Junior High SchooPM, and8extended65 SW ltotAugustt24nandgc ntinuedoto September314,981981;tand the hour of 8:00 WHEREAS, by the terms of said resolution and publications, written objections or remonstrances from not less than 66 2/37 of the owners of property within the and all objections and remonstrances as thus boundaries of said area were invited, presented prior to and at the hearing represent less than 66 2/37 of the owners 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; F WHEREAS, all proceedings to date have been in conformity with 223.387 and 223.3eO Oregon Revised Statutes and Tigard Municipal Code - Title 13, of the City of Tigard, and all procedures were regularly and lawfully conducted. ; I NOW, THEREFORE, 4 THE CITY OF TIGARD ORDAINS AS FOLLOWS: , Section 1: That all matters set forth in the resolution of the City Council of the City of Tigard, Oregon, on June 22, 1981, a copy whereof is hereto attached marked Exhibit "A" and by reference made a part hereof to Lhe same legal force and effect as if set forth herein in full, be, and the same are hereby approved, ratified, and confirmed, ani the boundaries of the area known as Tigardville Heights_- Street r l6 Improvement District as heretofore described in said resolution, be, and the same are hereby declared and fixed in accordance with said description. l 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 Tigardville Heights Street Improvement District in conformity in all reasonable particulars 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 immediately to invite proposals for the construction of said improvements by publication in the Tigard Times in not less than two consecutive issues, s the first publication to be not less than ten (10) days prior to the bid opening date which date and time shall be no later than June 1, 1982. 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 benefited by said improvements, and that the estimated cost of $227,000 for said improvements, the assessable costs are estimated to be $199,700 which shall be assessed in full, on a frontage and area basis, against all lands within said improvement district according to benefit. Section 5: The Tigard City Council finds that the Tigardville Heights-Local Improvement District 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 Tigardville Heights - Local Improvement District are hereby authorized to be issued in the aggregate amount of $227,000. 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 1, 1984. Warrants shall be retired as funds are received in accordance with ORS 287.506. Section 7: The Mayor and City Recorder are hereby authorized to execute the described warrants in 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 the Council, by������ @�� vote of all Council members present, after being read two times by number and title only, this J1 day of 1981. Recorder 67 APPROVED: By the Mayor, this jgt, flay of OLry- cAd981. Mayor PAGE 2 - ORDINANCE No. 81-1,L x EXHIBIT "A" CITY OF TIGARD, OREGON c P (( RESOLUTION NO. 81 DECLARING AN INTENTION TO CONSTRUCT CERTAIN STREET IM'ROVEP'.ENTS WITHIN AN AREA DETERMIN-ED TO BE A STREET IMPROVEMENT ASSESSIENT DISTRICT TO BE KNIM4N. AS TIGARDVILLE HEIGHTS L.Z.D. NO. 29; DESCRIBING THE PROBABLE TOTAL ASSESSABLE COST THEREOF; DEFINING THE BOUNDARIES f OF THE DISTRICT TO BE BENEFITED AND ASSESSED; APPROVING AND 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 a petition requesting street improvements and has ordered preparation of a preliminary engineering report, pursuant thereto, at the Council's study session meeting of April 6, 1981, and , WHEREAS, pursuant to Chapter 13.04 of Tigard Municipal Code, City Council finds it expedient and necessary to order the improvement of the hereinbelow described lands by construction of street facilities and appurentances 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: �c (a) That the City Council does hereby deem it expedient and necessary, and does _ hereby declare its intention to improve the aforesaid Tigardville Heights by construction of street facilities and appurtenances 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, �Y to be known as "Tigardville Heights", and it is further. declared that each lot, part of lot and parcel of land within said boundaries will be especially benefited by said improvements, and that the total estimated assessable cost of $199,700.00 for said improvements, shall be assessed in full, on a combination front foot—equivalent lot basis against all lands within said improvement district, and that an estimated amount of $27,300.00 be paid by the S.D.C. fund as City participation for extra capacity streets. (c) That the plans, specifications and estimates with respect to the street improvements as submitted by the City's engineers be, and the same are hereby, adopted and ordered to be maintained on file by the City Recorder for public inspection. (d) That Monday, the 13th day of July, 1981, at the hour of 8:00 P.M., at Fowler Junior High School Lecture Room, 10865 SW Walnut, Tigard, Oregon, be,and the same are hereby set as the time and place for hearing and considering objections or remonstrances to the proposed improvement by any parties aggrieved thereby. RESOLUTION NO. 81 e i_, (e) That the City Recorder be, and she is hereby, directed to give notice by causing to have this resolution published in the Tigard Times, issues of July 2, 1981 and July 9, 1981. PASSED: By Council on this qday of P 1981. --� G Cit of Tigard �esr rrs.v� a� C®us�o: ATTEST: Recorder - City of Tiga 7 f RESOLUTION NO. 81-_$ Page 2 6/29/81 LEGAL DESCRIPTION TITLE: TIGARDVILLE HEIGHTS STREET IMPROVEMENTS - LOCAL IMPROVEMENT DISTRICT The following described tract of land being a portion of Lots 27 and 28 Tigard- ville Heights, situated in the northwest 1/4 of Section 11 , T-2S, R-TW, W. M. City of Tigard, Washington County, Oregon: Beginning at the northeast corner of Lot 28 "Tigardvilie Heights"; thence: S-00022'-W 416 feet more or less to the northeast corner of that tract as described in Deed Book 320, Page 68 Washington County Deed Records; thence: S-89038'-W 145.00 feet along the north line of last said deed to the north- west corner thereof; thence: S-00°22'-W 274.00 feet to the south line of said Lot 28 and the southwest corner as described in Deed Book 320, Page 68.; thence: along the south line of said Lots 28 and 27 S-89038'-W 741 .38 feet to the southwest corner of said Lot 27, also being the initial point of Ingebrand Heights, a subdivision of record; thence: N-01019'-E 692.34 feet along the west line of said Lot 27 to the northwest corner thereof on the centerline of S. W. McDonald Street (C.R.430); thence: along the centerline of S. W. McDonald Street N-89052'-E 876.00 feet to the Point of Beginning.