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Ordinance No. 82-23 CITY OF TIGARD, OREGON ORDINANCE No. 82- ,)-) AN ORDINANCE ADOPTING AN ASSESSMENT FORMULA FOR THE S. W. 72ND AVENUE LOCAL IMPROVEMENT DISTRICT NO. 21 , CREATED PURSUANT TO ORDINANCE NO. 82-13; ADOPTING FINDINGS AND CONCLUSIONS: AND DECLARING AN EMERGENCY. WHEREAS, Ordinance No. 82-13 was duly passed by the City Council of the City of Tigard, following a public hearing at its regular meeting of March 29, 1982, which ordinance is incorporated herein by reference and made a part hereof to the same legal force and effect as if fully set forth herein; and WHEREAS, in response to public comments and testimony at said March 29, 1982 public hearing, the City Council of Tigard scheduled, by adoption on motion, a public hearing to be held in Fowler Junior High School at 10865 S. W. Walnut Street in Tigard, Oregon on April 12, 1982, at the hour of 8:00 p.m. to consider public testimony concerning the assessment formula for LID No. 21; and WHEREAS, on April 1, 1982, a letter was mailed by the City of Tigard to all real property owners within the boundaries of S. W. 72nd Avenue LID No. 21 notifying them of said public hearing for the purpose of considering a proposed assessment based upon a combination frontage/area formula; and WHEREAS, due and legal notice of said hearing was given by publication in the Tigard Times on April 8, 1982, prior to said hearing; and WHEREAS, said hearing was duly and regularly called to order and held in Fowler Junior High School at 10865 S. W. Walnut Street in Tigard, Oregon, on April 12, 1982, at the hour of 8:00 p.m.; and WHEREAS, following said public hearing, the City Council scheduled, by adoption on motion, a public hearing to be held in Fowler Junior High School at 10865 S. W. Walnut Street in Tigard, Oregon, on May 3, 1982 at the hour of 7:30 p.m. to consider four alternative assessment formulas and any variations thereon; and WHEREAS, on April 21, 1982, a letter from the Director of Public Works, CityofTigard, was mailed to all real property owners within the S. W. 72w7 Avenue LID No. 21 notifying them of the public hearing scheduled for May 3, 1982, stating the purpose of said hearing and setting forth the four alternative assessment formulas to be considered, and WHEREAS, due and legal notice of said hearing was given by publi- cation in the Tigard Times for consecutive publishings on April 22 and April 29, 1982, prior to said hearing; and Page 1 ORDINANCE No. 82- �ti3 WHEREAS, said hearing was duly and regularly called to order and held in Fowler Junior High School at 10865 S.W. Walnut Street, Tigard, Oregon, on May 3, 1982 at the hour of 7:30 p.m. ; and WHEREAS, all proceedings to date have been in conformity with 223.387 and 223.389 Oregon Revised Statutes and Tigard Municipal Code - Title 13, of the City of Tigard, and all procedures were regularly and lawfully conducted; NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: That assessment of real property owners within the S.W. 72nd Avenue Local Improvement District No. 21 shall be in accordance with the following formula: a. Total PREASSESSMENT ($1,475.711.35) equals $1,500,000 less one-half of estimated sidewalk costs ($34,773.56) , less one- half of estimated street light costs ($20,505.62) , plus $30,990.53 for Tech Center Drive. b. Distribute one-half of equivalent cost of a 34 foot street to property within 200 feet of the street improvement (total cost $1,157,026.64) . One-quarter of such cosLs ($289,256.66) are to be spread on a frontage basis and one- quarter ($289,256.66) are to spread on an area basis over the property within 200 feet of said improvements. One- half of such costs ($578,513.32) are to spread on an area basis over the entire assessable area of the district. c. Distribute costs of the traffic signal at 72nd (southbound) and S.W. Upper Boones Ferry Road ($66,678.15) to Pacific Realty Trust property lying southerly of S.W. Upper Boones Ferry Road (see Exh. "A" to Findings and Conclusions attached hereto) on an area basis. d. Distribute estimated cost to the City ($20,000) for the spur- track railroad crossing protection facilities to Southern Pacific Company (Ident. No. 63) and Predelivery Service (Ident. No. 64) on an area basis (see Exh. "B" to Findings and Conclusions attached hereto) e. Separate costs for construction of Tech Center Drive $30,990.53) are assessed on a one-quarter frontage and three-quarters area basis to Ident. No. 12a per agreement. f. The remaining assessable costs ($201,016,03) are to be spread on an area basis over the entire assessable area of the district. Page 2 ORDINANCE No. 82-_,2a_ ITEM COST Frontage $ 289,256 .66 Area (within 200 feet) 289,256.66 Signal to Pac Trust 66,678.15 Spur Xing to SPTC & Predelivery 20,000.00 Tech Center Drive 30,990 .53 Area (total assessable) 779,529.35 TOTAL PREASSESSMENT $1,475,711.35' *Subject to increases for any right-of-way costs exceeding $50,000.00. Section 2: That the Findings and Conclusions attached hereto be and hereby are adopted in support of the assessment formula described in Section 1. Section 3: That inasmuch as it is necessary for the peace, health, r and safety of the people of the City of Tigard that the affected property owners be notified of the assessment herein 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. ' y PASSED: By the Council, bote of all Council members present, after being read two times by number and - title only, this 10th day of May, 1982. Recorder - City oigard YT of �= 1982. APPROVED: By the Mayor this /G' da Y �� —, Mayor - City of Tigar .i_ �r Page 3 ORDINANCE NO. 82-_a a BEFORE THE CITY COUNCIL OF TIGARD, OREGON IN RE: Ordinance No. 82--,2,J , ) adopting an assessment formula ) for S. W. 72nd Avenue LID No. ) FINDINGS AND CONCLUSIONS 21, established under Ordinance ) No. 82-13. ) i THIS MATTER came before the City Council of the City of Tigard i for public hearing on May 3, 1982, following publication in accordance with the Tigard Municipal Code and written notice to affected property a owners, for consideration of four alternative assessment formulas and variations thereof for the above-referenced Local Improvement District. Pursuant to published notice, the hearing was convened at Fowler Junior High School, 10865 S. W. Walnut Street, Tigard, Oregon, at 7:30 p.m. on said date. Upon consideration of the alternate formulas presented by staff and public testimony concerning those alternatives and proposed variations, the City Council makes the following findings and conclusions. APPLICABLE LEGAL STANDARDS The Oregon courts apply the substantial evidence test in deter- mining whether a local government's assessment of private property for public improvements is supportable. In Western Amusement v. Springfield, 275 Or 37, 43, 545 Ptd 592 (1976) , the court cited 4 Davis, Administrative Law, 124 y 29.02 (1958) , in defining substan- tial evidence as "a variable" . The court went on to say that: "We consider our authority to be that in determining whether the city council's action is supported by substantial evidence we can consider the long and well founded policy of judicial restraint in this area. " Id. In Gilbert v. City of Eugene, 255 Or 289, 292, 465 P2d 880, 882 (1970) , the court held that: 2 " [T]he city council's determination***[of] the amount of the benefit is conclusive unless the court can say that the city council's action was probably arbitrary and r abusive. " Cited in Hiransomboon v. Cit of Ti ard, 35 Or 595, 582 Ptd 34, 36 (1978) and Chrysler Corp. v. City of Beaverton, 25 Or App 361, 549 Ptd 678, 680 (1976) . ALTERNATIVE ASSESSMENT FORMULAS The four alternative assessment formulas considered by the City Council are attached hereto in the letter from Marvin J. DeHaas, P.E. , dated April 19, 1982. We find that all four of the alternative formulas are legally supportable and represent standard methods of assessing property for public improvements, including districtwide assessments based on square footage, assessments based on frontage and assessments based on special benefits received by individual property owners from particular improvements. We further find that the assessment formula adopted herein is equitable to the property owners within the district. The Council has considered the conflicting testimony and attempted to strike a compromise between those property owners who would benefit inordinately s if the assessment were based purely on area owned districtwide and those who contend the frontage-based assessment is more fair. The ! assessment adopted places a portion of the burden on all property owners in the district and, in three instances, assesses individual property owners for specific improvements. These three specific improvements are: 1. Traffic signal at 72nd (southbound) and S. W. Upper Boones Ferry Road assessed to Pacific Realty Trust property lying southerly of S. W. Upper Boones Ferry Road; 6' 2. Spur-track railroad crossing protection facilities -- assessed �y to Southern Pacific Traction Company and Predelivery Service; and E i 3 3. Tech Center Drive -- assessed to Western International Properties. ' In each instance, we find the individual property owner will receive a greater benefit from the respective improvement than will other property owners in the district or city. Each of the three improve- ments assists in the use of or provides improved access to the affected parcels. The assessment of Tech Center Drive to Western International f Properties is supported by the testimony of the City's Director of Public Works. The Director recommended Western International Properties be ; assessed for the full cost of the improvement and stated that l another adjoining property owner, Circle A-W did not benefit from the improvement to Tech Center Drive. BENEFIT OF IMPROVEMENTS TO DISTRICT The Council finds the improvements to be made within LID No. 21 are expedient and necessary. We further find that said improvements will create special, additional benefits for property owners within the district that are not shared by the public at large. Paramount among these special benefits are improved access to parcels adjacent to and in the vicinity of the improvements, improved traffic flow and circulation on the improved streets and greater vehicular and pedes- trian safety for the users of the adjoining and nearby properties. These findings are supported by the overwhelming public testimony in the record in favor of the proposed improvements, although the k: testimony contained disagreements as to particular assessment formulas. The Director of Public Works stated at the hearing that the written a : and oral testimony contained 15 parties supporting assessment formula la, seven parties supporting assessment formula lb, three parties � f 4 supporting assessment formula 2a and eight parties supporting assess- ment formula 2b. Of the written and oral testimony submitted at the May 3, 1982 hearing, only three parties expressed disapproval of all of the assessment formulas. in general, we find that all properties within the district derive benefit from the improvements, despite the present use or zoning of a particular parcel. Recognizing that the city as a whole also benefits from improved streets and traffic circulation, the City will pay for 23% of the cost of the improvements, compared with a more typical participation amount for the City at 15%. We find the chosen assessment formula distributes the burden of the improve- ments most equitably among all property owners who will benefit from the improvements. CONCLUSION The record contains substantial evidence supporting the City Council's adoption of the final assessment formula for the S.W. 72nd Avenue LID No. 21. The Council's adoption of the assessment formula strikes an equitable compromise among competing interests of affected property owners by distributing the assessment among three affected groups: (1) Those properties with frontage along the improvements; (2) Those properties specially benefited by specific improvements; and (3) The general benefit to all property owners in the district. ` As such, the assessment formula has a rational basis and is well supported in fact and law. DE HAAS & ASSOCIATES, INC. CONSULTING ENGINEERS&SURVEYORS SUITE 445-ACC CENTER WILSONVILIA, OREGON 97070 9450 S.%V. COMMERCE CIRCt.F. (503)682-2450 April 19, 1982 Mr. Frank Currie 12755 S.W. Ash Ave. P.O. Box 23397 Dear Frank: In accordance with April 12, 1982 instructions of the Tigard City Council, we have recalculated PRE-ASSESSMENT'S for L.I .D. 21 - S.W. 72nd Avenue Area Street Improvements. For identification purposes, we have designated the assessment methods as la., lb., 2a. , 2b. respectively. PRE-ASSESSMENT CALCULATIONS for all methods include $50,000 for right-of- way costs. It is understood that any right-of-way costs exceeding $50,000 will be in addition to the PRE-ASSESSMENT totals and will be distributed on an area basis to the total assessable area as a part of a SUPPLEMENTAL ASSESSMENT. Assessment method la. is the method recommended by the ENGINEER, except for the limitation in the total assessable amount, which amount was prescribed by Tigard City Council. Alternate methods lb., 2a., 2b. , are methods prescribed by the Tigard City Council at their meeting of April 12, 1982. Methods lb. and 2b. require $55,279.18 increased city participation. The assessment methods can be described as follows: Method Ia. 1. Total PRE-ASSESSMENT ($1,530,990.53) equals $1,500,000.00 plus $30,990.53 for Tech Center Drive. 2. Distribute equivalent cost of a 34 foot street to roperty within 200 feet of the street improvements ($1,157,026.64. One-half of such costs ($578,513.32) are to be spread or a frontage basis and one--half ($578,513.32) are .to be spread on an area basis. 3. Separate costs for construction of Tech Center Drive ($30,990.53) are assessed on an one-half area and one-half frontage basis to Ident. No. 12a per agreement. Ae i , i a. Page 2 April 19, 1982 (Method la. can't) 4. The remaining assessable costs ($342,973.36) are to be spread on an area basis over the entire assessable area of the district. ITEM COSTS Frontage $578,513.32 Area (within 200 feet) $578,513.32 Tech Center Drive $ 30,990.53 Area (total assessable) $342,973.36 TOTAL PRE-ASSESSMENT: $1,530,990.53 Method lb. 1'. Total PRE-ASSESSMENT ($1 ,475,711 .35) equals $1 ,500,000 less one-half of estimated sidewalk costs ($34,773.56), less one-half of estimated street light costs ($20,505.62), plus $30,990.53 for Tech Center Drive. 2. Distribute equivalent cost of a 34 foot street to property,within k 200 feet of the street improvements ($1 ,157,026.64) . One-half of such costs ($578,513.32) are to be spread on a frontage basis and one-half ($578,513:32) are to be spread on an area basis. 3. Distribute costs of the traffic signal at 72nd (southbound) and S.W. Upper Boones Ferry Road ($66,678.15) to Pacific Realty Trust property lying southerly of S.W. Upper Boones Ferry Road (See Exhibit "A") on an area basis. 4. Distribute estimated cost to the City ($20,000) for the spur-track railroad crossing protection facilities to Southern Pacific Company (Ident. No. 63) and Predelivery Service (Ident. No. 64) on an area basis (See Exhibit "B"). 5. Separate costs for construction of Tech Center Drive ($30,990.53) are assessed on a one-half frontage and one-half area basis to Ident. No. 12a per agreement. 6. . The remaining assessable costs ($201 ,016.03) are to be spread on an area basis over the entire assessable area of the district. -J f s E Page 3 April 19, 1982 (Method lb. cont) ITEM COSTS Frontage $578,513.32 Area (within 200 feet) 578,513.32 Signal to Pac Trust 66,678.15 i Spur Xing to SPTC & Predelivery 20,000.00 Tech.Center Drive 30,990.53 I .03 Area (total assessable) 201 ,016_� 4 i TOTAL PRE-ASSESSMENT: $1 ,475,711 .35 i Method 2a. 1. Total PRE-ASSESSMENT ($1 ,530,990.53) equals $1 ,500,000 plus $30,990.53 for Tech Center Drive. 2. Separate costs for construction-of Tech Center Drive ($30,990.53) are assessed on an area basis to Ident. No. 12a per agreement. 2 E 3. Distribute $1,500,000 on an area basis over the entire assessable area of the district. ITEM COSTS Tech Center Drive $ 30,990.53 Area (total assessable) $1 ,500,000.00 TOTAL PRE-ASSESSMENT: $1 ,530,990.53 Method 2b. 1. Total PRE-ASSESSMENT ($1,475,711 .35) equals $1 ,500,000 less one-half of estimated sidewalk costs ($34,773..56), less one-half of estimated street light costs ($20,505.62) plus $30,990.53 for Tech Center Drive. 2. Distribute costs- of the traffic signal at 72nd (southbound) and S.W. Upper Boones Ferry Road ($66,678.15) -to Pacific Realty Trust property (' lying southerly of S.W. Upper Boones Ferry Road (see Exhibit "A") on an :area basis. �. 3. Distribute estimated cost to the City ($20,000) for the spur-track railroad crossing protection facilities to Southern Pacific Company (Ident. No. 63) and Predelivery Service (Ident. No. 64) on an area basis (see Exhibit "B"). s, Page 4 April 19, 1982 (Method 2b. coni) 4. Separate costs for construction of Tech Center Drive ($30,990.53) are assessed on an area basis to Ident. No. 12a per agreement. 5. The remaining assessable costs ($1,358,042.67) are to be spread on an area basis over the entire assessable area of the district. ITEM COSTS Signal to Pac Trust $ 66,678.15 Spur Xing to SRC & Predelivery 20,000.00 Tech Center Drive 30,990.53 Area (total assessable) $1,358,042.67 TOTAL. PRE-ASSESSMENT: $1,475,711.35 A cost distribution comparison of the methods is as follows: COST DISTRIBUTION COMPARISON ITEMASSESSMENT METHOD Ia. lb. 2a. 2b. Frontage $578,513.32 $578,513.32 $ 0.:00 $ 0.00 Area (w/i 200 ft) 578,513.32 578,513.32 0.00 0.00 Signal to Pae Trust 0.00 66,678.15 0.00 66,678.15 Spur Xing to SPC & Predelivery 0.00 20,000.00 0.00 20,000.00 Tech Center Drive 30,990.53 30,990.53 30,990.53 30,990.53 Area (total assessable) 342,973.36 201,016.03 1 ,500,000.00 1 ,358,042.67 TOTAL PRE-ASSESSMENT: $1 ,530,990.53 $1 ,475,711.35 $1,530,990.53 $1 ,475,711.35 Note: 1. All methods are subject to increases for any right-of-way costs exceeding $50,000.00. 2. Methods lb. and 2b. require $55,279.18 increased city participation. Page 5 April 19; 1982 Attached is a schedule of assessments for each PRE-ASSESSMENT method, These schedules may be inserted into the previously provided PRE-ASSESSMENT roll to comprise a new PRE-ASSESSMENT roll . Also, attached is the revised PRE-ASSESSMENT map showing all four (4) methods. Sincerely, 1 MARLIN J E HAAS, P.E. MJD:t13 Attachments cc: 80.194.118 t F t J 1 1 I I 41 42 I /i I 1 i 60 1 59 43 i 44 j45 57 \� j i 6 ® \ •e d 114 \\ f a \ I 47 c \ I 48 /® \1 / 6 55 50 C. / y o 0 6 56 ol 116 52 ifAv 53® � I poc Ti-u5 t rerwpCr� ! 55 i 54 9121'12i7t` A :slla 22 23 i io cww"A w PNoasn 14 1100 24 I 73 CIRCLE A M I'MOUCTS, is III IRC 1two 2''� ( Ib SooSllt e IIRICCKETHUR \ 71 t7 two IRIRT d --- -' 19 M ZA t IF 26 ° NORTREAM WARDS `t tt 113 TO w `H2A t t 2 a RICKS 2T t t0 do bmu V. WARE t 29 ii 2SSIIZA we t t PIKE . EST` DISTRICT 2� ° 2D �12A rr'��11 99 �'�AA®® 1 t 115 BETHLEHEM slut �LJNl.lAR 67 68 69 :D WHIR t _ ,.30 io WHIR "MRSEM 1T At 66 n 402 FOUGHT 1T At ri SMA 65 TEIM4YAT , ! t 31 t 3 i/a fS�l liA t PIKE i 33 s• s�m t !r ! t 34 64 IATIMAE SAFETV 2000 9 I t D✓P�v�;V /�V Sef�✓e�Pe is 2001DA • I ! ` 30 2SI12A 19W CRARIER PAGE 1 t 36 Si !SADA ! _ 2101 TAYLOR 2100 EtoaftE ! 39 2 33 212Do ! SORG 63 H 2SIIDA $pU� PYn e(�r SUCK ESTATE I 37 38 o 40 iE�iaTMttARAnoxAi Ism Ds xslT:a ! SOUTRERR PACIFIC WMIR1AL OAR--mm ENTERPRISES tMIMlT I 70 nxit°ta� 1 sODTRERM PACIFIC IMovsTAm ! DG MIZO° 100 StW49S COWARV FIRM LAVE 40 2111208 �vQ ! AMORSOR INPESTAENT ! ° BE 216 2001120t ! SOMME PACIFIC'IMWSTRIA; 42 • slinc 100 • IEIIJIM PROPERi11f. 4142 A ° 1311"C. 300 WMIX 41 MIM I _.4100 t L.I .D. 21 - S.W. 72nd Ave. Area Ident. 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PRE-ASSESSMENT METHODS (Per Council Instructions 4/12/82) No. la. lb. 2a. 2b. 993 ' 7/ /902 .�3v 96 5 .9'/ 7 3c� 3l Z55�37 217, -5 -9c :7/ /7 y9� .�9 /��3 :G 3 / 960/ i06 g 75'.5'?// F� 938 .76 �2 g�99/ . 766 792 : 76 2,/oz .73 / 9 03• .7 617 .8e/ 627 ! •'�/ 9,9,0-.5' ;92 3333 :67 3U ./S 3�5' 6.,530 .30 6Z3/ ,23 3 / 60. 9y z 861 . 7q 36 2n3y/. 93 IC/eeo Z 772# .`10 G9 ' .3 { 37 gg// . 79 -5, /6 -/ .--5-7 3 -6 3� �t�37.H3 23 ,p.5 /7_ 7y5.z� 39 7,732.7 l7195 .3,q 78 .S'2 j /-y.7?�z-17 2.3 38 .2y Z 1 S 7722-S/7 t/ 29/ .6U, �Z=���.93 .� 76 9 .9-3 //,8/6. 2 7 // 732- 78 X/1993 -0/ . 7 y X75'9. 7978 7U .©g yG5y.58 70 . g' y41 7/ .09 D . 7p 4/-41 .62 3. ..83 x'136 /-5-44-g" .86 72,7 ,3 9 1,720 .99 17-/9 . -- .$3 5 3 30 .722.7 97-32 �7 F'�FB • 29 5167.;1 2g9,%-3 .z 2 5' y.✓ r� ?7 / 11. 3 Ls .qI ze-, X90 39 37/5 .5'1 -e/7,9.6-.!6 7 l 9 ..6 I 753 -t53 /5 •67 S"✓� 59 72.2 5'9 3757 61 27076 /9 26 °7 71`19-1-.96 7" .52cr 33 CD2. 69 O 3135 Date: 41//6 8'2 Page: 2/�' L.I .D. 21 - S.W. 72nd Ave. Area ;552 t. PRE-ASSESSMENT METHODS (Per Council Instructions 4/12/82) 14, 1b. 2a. 2b. G£3'D£3 7/ -1/94 52 c ��23d.3S 7 596 S/9 6 3/5 .53 7 7S.So 331a / 3.23 :89 2 /33 .6 h, ey7 9 3 / 323 ►8y 2 ,67/ -5'5 .2•v o-V7.�3i oy0 :2 7 3/ 02Z .89 37 70y.0�/ 5 3D o 99 !05 92,-3.79 /2 S�'H 66 AV 3 /3 .26 6.8 22 .3 7 258.-7.6' 3! 03,6 2.3 9 98 •88 2'?.a /G7 •33 E Z cJc57.6 7 2�/ y86 D 2' 7JSo,27 �,5d8t62 t 6.20.36 H` S'y • 711 x35"17 ,68 /0352 :06 s �- �G ^�. 7� 36SZ ./8 226"•113 996 // v 762 .Z 9 irZ/ •Zy 356/ • 05 y._ E ?j -7 , . 67 7,78 7 .z6 g-8 y 76 .95- 2.-.-1 .8 3 z 1.-7.79 92, .53 f Gp zZs3/ :7U /33-7 .30 9 (? 79.05 90 -41 s :3� 523 ! ,7Z 34039.55 35 l 34 71? .'7--1 /0 95 .�6 /o7, 44 3 .637 ti 738 i56 3Z 3.32 95 72 7 .Z e. 61/6:90 7 .99 7 117,0_.-37 6- 6 /8 x/ 7 •2Z 7256 -/6 /07 .3--5 } �7 53 — 53 1/97 ;07 .7� 4/9 16b e 3! s 2 .3 7 I 8 772 IL7 36f8 26 2,12066 /5 $Z1/ Date:. Page: 3/ L.I .O. 21 - S.W. 72nd Ave. Area Ident. PRE-ASSESSMENT METHODS (Per Council Instructions 4/12/82) ' No. la. lb. 2a. 2b. f 70c� �'SC 40 7 7 .l 3 u X22 G y5 . /9 45y -56 706 /3"75. 2y 42 3 �2y 6 �- £39 .33 623? .3, 7!a^ 4Z 095 •'25' 40 78.6" . 68 13"66 9 _ 3.. /2 536 .77 Tod / 2 3/ 5y 72 / 100 5 86 . /7 X/e76 ;yam 71 .2.X 7/-5' . 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PRE-ASSESSMENT METHODS (Per Council Instructions 4/12/82) No. la. lb. 2a. 2b. 9 7 52�6-.; G�f3 -3o7 -17-5-ff 2Z -el-6 Z to GJ ,5'f.3 •I Z6 3 3 d .II 3 2 6 3 1-112 o , 3o 7 .!7.E' z .y / 3~2 6"a 05 30 7.'73 2Z 556 7 :.7© ✓ .3 io3 5�3 9• ♦ 7 2-157. 39 /4.20 .70 7 36&3./0 / 30 �>. �Za 2�►Wy d�9 f�//s � 4y I g7 • ,ey'/y2 �•7 JG�7 ys'8 .23P 41 / 2374 ,93 - 1 997 . -4)7 520 : 31/6 • i 4we . 70 262.9a /962 A 77ra, E /7 - --- i 5,259 . 79 �� /53 • 7 6 95 mOA1 i Teta1 / 3® 99D 3 / el?-.5 711 797 F—/,53© 99U i63 7i/ Date '. /$f�.� Page: -645 •..9'1,3 .. CITY OF TIGARD, OREGON ORDINANCE NO. i AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTIONS OF THE CITY COUNCIL OF JANUARY 12, 1981 AND MARCH 8 , 1982 , WITH RESPECT TO S. W. 72ND AVENUE AREA STREET IMPROVEMENT DISTRICT; APPROVING, RATIFYING AND ADOPTING PLANS, SPECIFICATIONS AND FSTIMATES FOR CONSTRUCTION OF STREET IMPROVEMENTS; DECLARING RESULTS OF HEARINGS HELD WITH RESPECT THERETO; 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 its regular meeting of Marcb 8, 1982, a copy whereof: is hereto attached and 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 of 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 specifically benefitted; and WHEREAS, the City Council has previously declared its intention to make these improvements by Resolution No. 81-2, and WHEREAS, by the terms of said Resolution No. 81-2 hearings were duly called to be held in Fowler Junior High School at 10865 S.W. Walnut Street in Tigard, Oregon, on February 9, 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 on March 23, 1981, at the hour of: 8: 00 P.M. for the purpose of hearing new evidence; and on June 1, 1981, at the hour of 8:00 p.m. for the purposes of hearing additional evidence and determining the scope of the project; and WHEREAS, pursuant to said Resolution No. 81-2 , due and Legal notices of said hearings were given by publication in the "Tigard Times fox consecutive publishings on January 23. and January 28, March 11 and March 18, and May 21 and May 28, 1981, prior to said hearings; and WHEREAS, said hearings were duly and regularly called to order and held in Fowler Junior High School at 10865_S.W. Walnut Street in Tigard, Oregon, on February 9, March 23 and June 1, 1983, at the hour of 8:00 p.m. ; and WHEREAS, by the terms of said Resolution No. 81.-2 and publication, written objections or remonstrances from the owners of now less than 66-2/3% of the property within the boundaries of said area were invited, and all objections and remonstrances as thus presented prior to and at the hearing represent the owners of less than 66-2/30 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 ORDINANCE NO. 82-_O_ Page 1 of 4 WHEREAS, the City Council adopted Ordinance No. 81-45 ordering the improvements and calling for bids, and amending Resolution No. 81-2 to establish a limit on the amount of the improvements assessab'_. and providing alternatives for construction of the improvements; and WHEREAS, the City Council adopted Ordinance No. 81-82 amending Ordinance No. 81-45 and setting the improved street width; and WHEREAS, the City Council has indicated by motion that it finds Alternative A of Ordinance No. 81-45, as amended by Ordinance No. 81-82, necessary for proper improvement of the street; and WHEREAS, Western International Properties wants the improvement extended to include Western International Properties Oregon Tech Center, the total cost of which extension will be assessed to Western International Properties Oregon Tech Center; and WHEREAS, the City has received favorable bids for the construc- tion of the proposed improvements, as amended; and WHEREAS, by the terms of Resolution No. 82-22 a hearing was duly called to be held in Fowler Junior High School at 10865 S.W. Walnut Street in Tigard, Oregon, on March 29, 1982, at the hour of " 8:00 p.m. for the purpose of affording an opportunity to any parties aggrieved by the amended proposal for the construction of 72nd Avenue Area street improvements, including the Western International Properties Oregon Tech Center, to make objections or remonstrances to the proposed amendments; and WHEREAS, pursuant to said resolution, due and legal notices of said hearings were given by publication in the Tigard Times for consecutive publishings on March 18 and March 25, 1982, prior to said hearing; and WHEREAS, said hearing was duly and regularly called to order and held in Fowler Junior High School at 10865 S.W. Walnut Street in Tigard, Oregon, on March 29, 1982 at the hour of 8:00 p.m. ; and WHEREAS, by the terms of Resolution No. 82-22 and publication, written objections 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 thus presented prior to and at the hearing represent the owners of less than 66-2/3% of the property in the area within the improvement assessment district and that the percentage of remonstrances is not a bar. to further proceedings in the making of said improvements; and WHEREAS, the plans and specification were on file with the City Clerk as required by Tigard Municipal Code 13--04.030; and WHEREAS, all proceedings to date have been in conformity with 223.387 and 223.389 Oregon Revised Statutes and Tigard Municipal Cod - Title 13, of the City of Tigard, and all procedures were regularly and lawfully conducted; s t ORDINANCE NO. 82- Il— Page 2 of 4 NOW, THEREFORE, a THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: That all matters set forth in Resolution No. 81-2 of the City Council of the City of Tigard, Oregon, on January 12, 1981, as amended by Ordinance Nos. 81-45 and 81-82, and all matters set forth in Resolution No. 82-22 of the City Council of the City of Tigard, Oregon on March 8 , 1982, copies whereof are hereto E attached marked Exhibit "I" 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, and the boundaries of the area known as S. W. 72nd Avenue. Area Street Improvement District as heretofore described in Resolution 82-22, be, and the same are, hereby declared and fixed in accordance with said descriptions. ' Section 2: That improvements to the basic city standard 40 foot width curb to curb be made as follows: a. S.W. 72nd Avenue from the south city limit line northerly ! along S.W. 72nd Avenue to S.W. Upper Boones Ferry Road. k b. S.W. 72nd Avenue from S.W. Upper Boones Ferry Road (Carmen Drive) northerly along S.W. 72nd Avenue to just north of p the S.W. Varnes Road running east of S.W. 72nd Avenue. 1 c. S.W. Upper Boones Ferry Road, from a point just south of S.W. Durham Road, northerly along S.W. Upper Boones Ferry Road to that portion already improved by the Oregon State h Highway Division (Carmen Drive) . d. S.W. Bonita Road matching the existing improvements at I-5 and continuing westerly through the S.W. 72nd Avenue intersection. G That improvements to the basic city standard 34 foot width curb to curb be made as follows: a. S.W. Tech Center Drive from S.W. 72nd Avenue westerly to the existing improvement. E Section 3: Property owner participation shall be limited, exclusive of right-of-way costs exceeding $50,000, to $1.3 "to $1.5 million, except that Western International Properties shall be assessed an additional $33,955 for improvements adjacent to their property. Section 4: That the City Council of the City of Tigard, having acquired jurisdiction to order the improvements to be made, does hereby authorize and direct the construction of street improvements within the boundaries of the S.W. 72nd Avenue Area Street Improvement District in conformity in all reasonable particulars with the plans and specifications by Resolution No. 81-2, as amended, and Resolution No. 82-22 adopted and hereby ratified and confirmed. ORDINANCE NO. 82- 13 Page 3 of 4 Section 5: That all lands situated within the boundaries described on EXHIBIT "A" of heretofore described ordinances and Ar A resolutions 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 total estimated cost of the project is $2,050,455, and that the assessable cost, not to exceed $1,533,955, exclusive of right-of-way costs exceeding $50,000, shall be assessed in full, according to benefit, against all lands within said improvement district. Section 6: The Tigard City Council finds that the S.W. 72nd Avenue Area Local improvement District improvements are %,- 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 7: . General obligation improvement warrants for the S.W. 72nd Avenue Area Local Improvement District are hereby authorized to be issued in the aggregate amount of $2,000,000. The warrants shall bear interest at the lowest rate that the City can borrow on the date of issuance and shall constitute a general obl;I.- gation of the City of Tigard that shall mature on or before two years after the 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 8: The Mayor and City Recorder are hereby authorized to execute the described warrants on behalf of the City of Tigard. Section 9: That inasmuch as it is necessary far 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, of all Council members present, after being read two times by number and title only, this 29th day of March, 1982. Az .co Recorde { E APPROVED: By the Mayor, this 29 = day of l�C�t _, 1982. Mayor ORDINANCE NO. 82-_L3 Page 4 of 4