Ordinance No. 82-45 CITY OF TIGARD, OREGON
ORDINANCE NO. 82--.4-5-
AN ORDINANCE AMENDING ORDINANCE NO. 82-40 WITH RESPECT TO THE S.W. McKenzie
(STREET) LOCAL IMPROVEMENT DISTRICT (LID #36) SO AS TO REPEAL SECTION 3
THEREOF: DIRECTING THAT NO CONTRACT BE LET FOR THE ACCOMPLISHMENT OF THE WORK
AND THAT SUCH WORK BE DONE BY CITY LABOR AND MATERIALS: USING THE TOTAL
ESTIMATE OF THE CITY ENGINEER AS A BASIS FOR CALLING A PUBLIC HEARING TO
DETERMINE THE FINAL COST OF SAID IMPROVEMENT, TO RATIFY AND ADOPT THE
APPORTIONMENT AND ASSESSMENT OF THE COST TO RESPECTIVE PARCELS OF LAND WITHIN
THE DISTRICT, TO SPREAD THE ASSESSMENT, AND TO DIRECT THE ENTRY OF ASSESSMENT
IN THE LIEN DOCKET: AND DECLARING AN EMERGENCY.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1. Ordinance 82-40 of the City of Tigard was adopted by the
Council on July 26, 1982, and, inter alia, Section 5 of that ordinance called
for the opening of bids for the S.W. McKenzie (Street) Local Improvement
District. The need has arisen to expedite the improvement and to strengthen
the salability of bonds to finance the project. The city has therefore
determined not to bid the project and to undertaken construction of the
improvement by hiring labor and equipment and undertaking supervision thereof.
Section 2. Section 3 of Tigard Ordinance 82-40 is hereby repealed. In
that the total estimated cost of this project is less than $50,000, as
determined by the City Engineer, the Director of Public Works of the City is
hereby authorized and directed to undertake the improvement with City labor
and equipment and under City supervision, all in accordance with the plans and
specifications of Tigard City Council Resolution 82-55, dated June 21, 1982.
Section 3. In accordance with TMC Section 13.04.080, the total estimate
of the City Engineer for this project is $56,500, and the amount of $56,500 is
declared to be the total assessable cost of the project. The Council further
determines that all lots, parcels or parts of lots within the boundaries of
the district, as set forth in City Council Resolution 82-55 are specifically
benefited and together shall bear equitable shares of the cost of the
improvement.
Section 4. The Council further determines that the apportionment of the
cost of the improvement upon each lot, part of lot or parcel, as prepared by
the city, and as set forth in the attached schedule, entitled "S.W. McKenzie
(Street) Local Improvement District #36," which is by this reference made a
part thereof especially and peculiarly benefited as set forth in that schedule.
Section 5. That the City Council does hereby deem it expedient and
necessary, and does hereby declare its intention to make final assessments on
the aforesaid portion of S.W. McKenzie (Street) for the improvements described
hereinabove.
ORDINANCE 140. 82- y C
Section 6. The Council further finds that the City Recorder of the City
of Tigard be, and she is hereby, directed to g'v-� notice by mail or cause to
be personally delivered to the owner of each lot or tract proposed to be
assessed a notice of assessment, which notice shall state the amount of the
assessment proposed on that property and also state a date by which time
objections should be filed with the City Recorder.
Section 7. That Monday, the 16th day of August, 1982, at the hour of 7:30
PM, at Fowler Junior High School Lecture Room 10865 S.W. 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. The City Council at that time shal:i determine the
assessment to be properly apportioned according to the special and peculiar
benefits accruing to each parcel, part of lot, or lot within the Improvement
District. Each lot, parcel, or part of lot is designated in the attached
apportionment schedule as herein attached and made a part of this resolution.
Section 8. That the City Recorder be, and she is hereby, directed to give
notice by causing to publish a notice of the hearing in the Tigard Times,
issue of August 5, 1982.
Section 9. Within ten days from the date of the publication of the notice
of this assessment hearing, written objections or remonstrances against the
proposed final assessment may be made and filed with the City Recorder.
Section 10. That inasmuch as it is necessary for the peace, health and
x safety of the people of the City of Tigard, that 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
wcouncil and signature by the Mayor.
PASSED by the Council, by unanimous vote of all council members present,
after being read two times by number and title only, this day of
August, 1982.
N Recorder - City of Ti d
APPROUD: By the Mayor, this day of August, 1982.
'Mayor
PAGE 2
ORDINANCE NO. 82_
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O'DONNELL. RHOADES, GERBER DATE: / y
SULLIVAN & RAMIS August 2, 1982 /
ATTORNEYS AT LAW TO:
1727 N.W. HOYT STREET City Council
PORTLAND. OREGON 97209
t5031 222-4402 FROM: City Attorney
{` RE` S.W. McKenzie (Street) LID #36
Attached please find a form of ordinance which combines two steps
in the street improvement process.
The ordinance first deletes the necessity of the city having to
go for bids before it can undertake the work in this district.
The passage of this ordinance should follow the passage of the
ordinance making the changes I have suggested in Chapter 13.04
of the Tigard Municipal Code. The effect of the change would be
to allow the city to proceed to undertake the work with its own
forces without the necessity of having to go for bids.
e
The second thing the ordinance would do would be to set a public
hearing on August 16 to levy assessments against each benefited
parcel in accordance with the estimate of the City Engineer K
(with respect to total cost) and the apportionment of the
assessment to Mach individual parcel (in accordance with the
assessment formula previously adopted by the city with respect
to this projectl .
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If I can answer any questions regarding the attached, please feel '
free to contact me.
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