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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. ti 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 0—RD17NAicvE N wvm� Page 1 i s 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 t 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 4 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; k NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: 4 i 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 Page 2 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': l C Attorney p Date: F VLSLJl�,y{�L6L.I/TJ C�f./i -0 Y" Page