Ordinance No. 88-29 r-
CITY OF' TIGARD, OREGON
ORDINANCE NO. 88-
AN ORDINANCE CREATING THE: SW �9-I'H AVE::NK S"TREE T LIGHTING LOCAL IMPROVEMENT
DISTRICT, ORDERING THE CONSTRU( TION OF s-rREETLIG111-ING IMPROVEMENTS IN
ACCORDANCE W1fH THE PRELIMINARY ENGINEER'S REPORT" AND SE.FFING FORTH THE ME1HOD o
OF ASSESSMENT.
The City Council Finds:
1. On June 27, 1988, the City Council received a petition stating interest
in the formation of a local improvement district to provide
streetlighting improvements on SW 79th Avenue between Pfaffle arid Thorn
Streets. Signatures on the petition represented 2.2 of the 32 parcels
within the proposed district.
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2. The Community Development Director submitted a report to the Council
recommending the district be formed. The recommendation was based on a
Preliminary Evaluation Report and the Council's adopted policy regarding
priorities.
3. 7`he Council, by Resolution No. 88-87, stated its intention to form the
district, to make the improvements and to hold a public hearing to
receive remonstrances,
Q. At least ten days prior to the hearing, individual notice was nlc,iled by
first class mail to all property owners within the local, improvement
district and notice was published in the Tigard Times.
5. The hearing was held on October 10, 1988. At the hearing, the council
received remonstrances from the owners of �iproperties within the
district.
6. There are 32 benefited properties, and there were remonstrances from the
owners of _:)w properties, r•epresentin(� Q'?o of the land area. The
Charter^ provides that a local improvement district; cannot be formed if
the property owners of 66•-2./3% of the land area within the district
remonstrate. The remonstrances did not approach this number'.
7. The Council adopted the Preliminary Engineer's Report by Resolution
No. 68-•87.
8. The City has proceeded in accordance with state statutes, its charter
and ordinances.
ORDINANCE W. 88,,_( _
Page 1
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The SW 79th, Avenue Streetlighting Local Improvement District is
created. the legal descript:ion i:s Cyt forth in attached
{ Exhibit A.
Section 2: The improvements 3ha11 be made in accordance with the
Preliminary Engineer' s Report as amended through th.4 hearings
process as set forth in the report adopted by Resolution
No. 88-•87.
Section 3: The benefited properties include all prope.rties described in
Exhibit A exclusive of public improvements.
Section A: The City Engineer is directed to cause the streetlights to be
installed by the Portland General Electric Company under PGE
Option B.
Secton 5: The total estimated cost for the proposed improvements is
$3,000.00. The benefited properties shall be assessed for the
full costs, with the cosi_:- divided equally among the 32 parcels
within the local improvement district.
.This ordinance shall be effective 30 days after its passage by the
Council, approval by the Mayor, and posting by the City Recorder.
PASSED: By _. 11(i'11S vote Of all. Council members present
after toeing read by number and title only, this4h day
ofCC? �' 1988.
e�_
Catherine Wheatley, Deputy
APPROVED: This day of 1A(t Z) � 1988.
'i Thomas M. Brian, Mayor
Approved as to form:
Date
brl7312D
ORDINANCE NO, BFi—c Ll
Page 2
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EXHIBIT "A"
Streetlight Local Improvement District
l Boundary, SW 79th Avenue
A tract of land located in Section 36, Township 1 South, Range 1 West,
Willamette Meridian, City of Tigard, Washington County, Oregon, described as
follows:
Beginning at the northwLst corner of Lot 6, Marg Terrace, a recorded plat,
Washington County Plat Records; thence South 090 03' East, 250.10 feet to the
northeast corner of Lot 4, said M-:rg Terrace; thence South 00o 17' West,
1,399.0 feet to the south right-•of-way, line of SW Pfaffle Road (County Road
No. 975); thence forth 660 52' West, 320.76 feet; thealce gor vh ,w0 1Y' East,
1,255.68 feet to the centerline of SW Thorn Street; thence South 890 43° East,
on said centerline, 70.64 feet; thence North 000 17' East., 141.47 feet to the
. . point of beginning,
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