Ordinance No. 89-14 i
CITY OF TIGARD, OREGON
l ORDINANCE NO. 89-
AN ORDINANCE CRzATING THE PACIFIC CORPO!^. ,TE CENTER LOCAL IMPROVEMENT DISTRICT,
ORDERING THE CONSTRUCTION OF STREET AND UTILITY IMPROVEMENTS IN ACCORDANCE WITH
THE PRELIMINARY ENGINEER'S REPORT, DIRECTING HID PROPOSALS HE REQUESTED,
SETTING FORTH THF METHOD OF ASSESSMENT AND METHOD OF FINANCING, AND DECLARING
AN EMERGENCY.
The City Council Finds%
1. On March 27, 1989, the City Council received a petition requesting
consideration of a local improvement district for street and utility
improvements to serve the proposed Pacific Corporate Center.
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. The Council, by Resolution No. 89-38, stated its intention to form the
district, to make the improvements and to hold a public hearing to receive
remonstrances.
4. At least ten days prior to the hearing, individual notice was mailed by
first class mail to all property owners within the local improvement
district and notice was published in the Tigard Times.
E
S. The hearing was held on May 22, 1989. At the hearing, the Council
received remonstrances from the owners of / properties within the
district.
6. There is one benefited property and the owners of the benefited property
testified in favor of the proposed district.
7. The Council adopted the Preliminary Engineer's Report by Resolution No.
89-38.
8. The City has proceeded in accordance with state statutes, its charter and
ordinances.
THE CITY, OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1. The Pacific Corporate Center Local Improvement District is
created. The legal description is set forth in attached Exhibit
A. ,,((
ORDINANCE NO 89-�!7
Page 1
t;
UNCTION 2: The improvements shall be made in accordance with the
preliminary engineer's report as amended through the hearings
process as set .forth in the report adopted by Resolution No. 89-
38.
SECTION 3: The benefited properties include all properties described in
Exhibit A exclusive of public improvements.
SECTION 4s The City Engineer is directed to invite bid proposals for the
construction of the improvements in the runner prescribed by the
Purchasing Rules.
SECTION 5: The City Council further authorizes the acquisition of land as
provided by State law and the Tigard Municipal Code in
conformity in all reasonable particulars with the preliminary
engineer's report.
SECTION 6: Tae total estimated cost for the proposed improvements is
$2,126,166. The benefitted properties shall be assessed for all
costs of the improvements on an area hasis,as described in the
preliminary engineers report, to arrive at a fair apportionment
of the costs among the specially benefitted properties.
SECTION 7: The improvements are of a character described in ORS 223.205 and
qualify for financing with limited tax general obligation
c ,
improvement warrants (the "Warrants") pursuant to ORS 287.502
to 287.510; in addition, the improvements constitute capital
projects to be undertaken by the City, and therefore qualify for
financing with limited tax general obligation notes, warrants or
other obligations (the "Obligations") pursuant to ORS 287.047.
SECTION 8: Warrants or Obligations are hereby authorized to be issued in an
aggregate principal amount of not more then $2,500,000 to
finance the improvements. Such obligations may pay interest
which is expected to be includable in gross income under the
Internal Revenue Code of 1986, as amended.
SECTION 9: The Mayor or Finance Director are hereby authorized, on behalf
of the City, to: (a) pledge the City's anticipated taxes, other
revenues, the proceeds of any bonds or other permanent
financing, or any combination thereof, to pay the obligations
(b) sell the Warrants or Obligations by oompetitive bid or at a
private negotiated sale upon such terms am the Mayor or Finance
Director determine to be advantageous to the City; (c) approve
and distributes a preliminary official statement or other
disclosure document for the Warrants or Obligations; and (d)
take any other action reasonably required to issue, sell, and
deliver the Warrants or obligations in accordance with this
ordinance.
ORDINANCE No. 89-• 4—
Page
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` that the i mprovimoonts be constructed
SECTION.�=oly 7.!!Y 1naL1t61C1i`�!1 a1i it a.� aav4.®�.u�.�a' -...r--.�.,.
with the least possible delay in order to complete the
improvements during the current construction season, an
emergency is hereby declared to exist, and this ordinance shall
become effective immediately upon passage and approval by the
Council.
PASSED Y By L)rl&r.i M oi6 vote of the Council members present after
being read by number and title only, this nd day of
of , 1989.
Ca �erine Wheatley, beputy R&order
APPROVED: Thia n day of ]rdg.
1969ardS, Mayor
Approved as to forms
�. attorney
Date
dj/oRD-Pcc.w
ORDINANCE NO. 89g
Page_3
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LEGAL DESCRIPTION
PROPOSED LID BOUNDARY
A tract of land in the east one-half of Section 12, Township 2
South, Range 1 West, Willamette Meridian, in the City of Tigard,
Washington County, Oregon, said tract being more particularly
described as follows.
Beginning at the northwest corner of Lot 5, of BONITA GARDEN'S, as
recorded in Plat Book 5, at Page 11, Washington County Plat
Records; thence Northerly along the west line of that parcel
described in a conveyance to John and Marietta Smets in Book
1016, Page 414, Washington County Book of Records, to 'the
southerly boundary of that parcel described as Parcel 4 in final
judgement of the --rcuit Court of the State of Oregon for the
County of Washington, Case No. 33547, recorded in Book 1017, Page
124, Washington County Deed Records; thence Northerly, tracing
the westerly boundary of said Parcel 4, to the south right-of-
way of S.W. Bonita Road, being the southeast corner �)f that
parcel dedicated to the public as Parcel 3 in Document No. 83-
41862, Washington County Book of Records; thence Westerly,
tracing the south right-of-way of S.W. Bonita Road to the east
right-of-way of S.W. 7.2nd Avenue; thence Southerly, tracing the
east right-of-way of S.W. 72nd Avenue to a point which is 300.00
feet southerly of, when measured at right angles to, the
centerline of S.W. Bonita Road; thence westerly, parallel to the
centerline of S.W. Bonita Road to the west right-of-way line of
S.W. 72nd Avenue; thence Northerly, tracing the west right-of-
way of S.W. 72nd Avenue, to the south right-of-gray of S.W. Bonita
Road; thence Westerly, tracing the south right-of-way of S.W.
Bonita Road to a point which lies 300.00 feet westerly from, when
measured at right angles to, the centerline of S.W. 72nd Avenue;
thence Northerly, parallel to the centerline of S.W. 72nd Avenue;
to the north right-of-way of S.W. Bonita Road; thence Easterly,
tracing the north right-of-way of S.W. Bonita Road to the west
right-of-way of S.W. 72nd Avenue; thence Northerly, tracing the
west right-of-way of S.W. 72nd Avenue to a point which lies
300.00 feet northerly from, when measured at right angles to, the
centerline of S.W. Bonita Road; thence Westerly, parallel with
the centerline of S.W. Bonita Road, to the east right-of-way line
of S.W. 72nd Avenue; thence Southerly, tracing the east right-
of-xray of S.W. 72nd Avenue to the north right-of-way of S.W.
Bonita Road; thence Easterly, tracing the north right-of-way of
S.W. Bonita Road to a point which lies opposite centerline
r` DAVID E ANS AND ASSOCIATES,INC.
ENGINEERS,SURVEYORS,PLANNERS,LANDSCAPE ARCHITECTS
OFFICES IN OREGON,WASHINGTON AND CALIFORNIA
2828 S,W CORBE'IT AVENIJE
PORTiAND,OREGON 97201.4830
(503)223.6663 FAX(503)223.2701
S -
PAC013
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D.W.B.
Page 2 of 3
Station 14+27.30 per stationing as shown on County Survey number
20,596; thence Southerly, parallel to the west line of said
parcel described in Book 1016, page 414 co the southerly boundary
of said Parcel 4 described in said Book 1017, page 124; thence
Westerly tracing the southerly boundary of said Parcel 4, to a
point which lies 87.50 feet easterly of, when measured at right
angles to, the west line of said parcel described in Book 1016,
page 414; thence Southerly parallel with the west line of said
parcel described in Book 1016, page 414, to the north line of Lot
5, BONITA GARDENS; thence Easterly tracing the north line of said
Lot 5, across a vacated alley and continuing along the north line
of Lot 2 of said BONITA GARDENS, to the westerly right-of-way
line of the R.H. Baldock Freeway (also known as Interstate No.
5) ; `hence Southerly, tracing the westerly right-of-way of the
R.H. Baldock Freeway to a point opposite Centerline Station 11UB311
148+00 (S.W. Upper Boones Ferry Road) per stationing shown on
State Highway Drawing No. 1A-8-6; thence Southeasterly in a
straight lane, passing through said centerline Station "UEP
148+00 to the northeasterly extension of the southeasterly right-
of-way of S.W. Upper Boones Ferry Road; thence Southwesterly,
tracing the northeasterly extension of the southeasterly right-
of-way of S.W. Upper Boones Ferry Road and then along the
southeasterly right-of-way of S.W. Upper Boones Ferry Road to the
east line of that parcel described as /BParcel A: PTR # 171, 172
and 17311 in a conveyance to Pacific Realty Associates LP. in
Document No 84-8324 Washington County Book of records, thence
Southerly, tracing the east line of said "Parcel Ae P`IR # 171,
172 and 17311 described in said Document No. 84-8324, to a point
which lies 100.00 feet southeasterly of, when measured at right
angles to, said State highway Centerline 11UB311 (S.W. Upper Boones
Ferry Road) ; thence Southwesterly, parallel with said State
Highway centerline 11UB311 to the northeasterly right-of-way of the
Southern Pacific Railroad; thence Northwesterly, tracing the
northeasterly right-of-waw of the Southern Pacific Railroad to
the southeasterly right-of-way of S.W. Upper Boones Ferry Road;
thence Southwesterly tracing the southeasterly right-of-way of
S.W. Upper Boones Ferry Road to the southwesterly right-of-way
line of the Southern Pacific Railroad; thence Southeasterly
tracing the southwesterly line of the Southern Pacific Railroad
to a point which lies 100.00 feet southeasterly of, when measured
at right angles to, said State Highway Centerline 11UB311, thence
Southwesterly, parallel with said State Highway Centerline 11UB311
to a point which lies opposite Centerline Station 19UB 159+00-
thence Northwesterly to a point opposite Centerline Station 11UB3'0
159+00 on the northwesterly right-of-way line of S.W. Upper
DMID EVVNS ANDASS(Y IATES.INC
EiGI���;RS,
'VRVE icBHs.PLlr�;r:Rs.t.aM)S1:11E ARQ11TEC t:.S
PAC013
4-18-89
Page 3 of 3 ° _ _-
Boones Ferry Road; thence Northeasterly, tracing the
northwesterly right-of-way of S.W. Upper Boones Ferry Road to the
southwesterly right-of-way of the Southern Pacific Railroad;
thence Southeasterly tracing the southwesterly right-of-way of
the Southern Pacific Railroad to the northwesterly right-of-way
line of S.W. Upper Boones Ferry Road; thence Northeasterly
tracing the northwesterly right-of-way of S.W. Upper Boones Ferry
Road to the northeasterly right-of-way of the Southern Pacific
Railroad; thence Northwesterly, tracing the northeasterly right-
ow-way of the Southern Pacific Railroad to the west right-of-way
JL line of S.W. 72nd Avenue; thence Northerly tracing the west
right-of-way of S.W. 72nd Avenue to a point opposite Centerline
Station 59+11.10 per stationing as shown on County Survey Number
20,596; thence Easterly to a point on the east right-of-way of
S.W. 72nd Avenue which is opposite said Centerline Station
59+11.10; thence Southerly, tracing the east right-cf-way of S.W.
72nd Avenue to a point on the northerly line of that parcel
conveyed to Pacific Realty Associates, L.P. in Document No. 89-
3125, Washington County Book of Records; thence Easterly, tracing
the boundary of said parcel described in Document No. 89-3125, to
a point in the westerly line of said Lot 5, BONITA GARDENS; j
.,' thence Northerly, tracing the westerly line of said Loot 5, to the
point of beginning.
XSVID'EVAM ANDAssQC1ttT s INc.
ENGINEERS.S[tRMURS.MtMER.S,UNDS tPF.:1nnirrEn