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Ordinance No. 89-31 CITY OF TIGARD, OREGON ORDINANCE NO. 89-- AN ORDINANCE CREATING THE LINCOLN STREET AND LOCUST STREET LOCAL IMPROVEMENT DISTRICT, ORDERING THE CONSTRUCTION OF STREET IMPROVEMENTS IN ACCORDANCE WITH THE PRELIMINARY ENGINEER'S REPORT, DIRECTING BID PROPOSALS BE REQUESTED, SETTING FORTH THE METHOD OF ASSESSMENT AND METHOD OF FINANCING, AND DECLARING AN EMERGENCY. The City Council Finds: 1. On December 18, 1989, the City Council received a petition requesting formation of a local improvement district for street improvements on Lincoln Street and on Locust Street. 2. The owners of all properties within the proposed local improvement district have signed petitions requesting the improvement and formation of the district and the petitioners have signed a waiver of the right to remonstrate against the formation of the district and against the method for the spread of the assessment, in accordance with TMC 13.04.040(a)(1). 3. A Preliminary Engineer's Report has been completed and submitted to the Council. t 4. The Community Development Director submitted a report to the Council j recommending the district be formed. The recommendation was based on the Preliminary Engineer's Report and the Council's adopted policy regarding priorities. 4 S. The City has proceeded in accordance with state statutes, its charter and ordinances. i THE CITY OF TIGARD ORDAINS AS FOLLOWS: r SECTION 1: The Lincoln Street and Locust Street Local Improvement District ' is created. The legal description is set forth in Exhibit C to attached Exhibit No. 1. SECTION 2: The improvements shall be made in accordance with the preliminary engineer's report attached as Exhibit No. 1. SECTION 3: The benefited properties include all properties described in Exhibit No. 1 exclusive of public improvements. SECTION 4: The City Engineer is directed to invite bid proposals for the construction of the improvements in the manner 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. ORDINANCE NO., 89-31 Page #1 SECTION 6: The total estimated cost for the proposed improvements is $298,700. The benefitted properties shall be assessed for all coats of the improvements on the basis of floor area of commercial buildings, 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 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 2E1.047. SECTION 8: Warrants or Obligations are hereby authorized to be issued in an aggregate principal amount of not more than $300,000 to finance the improvements. Such obligations may pay interest which is expected to be included 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 competitive bid or at a private negotiated sale upon such terms as the Mayor or Finance Director determine to be advantageous to the City; (c) approve and distribute a preliminary official statement or other tidisclosure docinnent 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. SECTION 10: Inasmuch as it is necessary that the improvements be constructed with the least possible delay in order to provide adequate capacity for the traffic volumes expected to occur upon completion of adjoining commercial structures currently under construction, an emergency is hereby declared to exist, and this ordinance shall become effective immediately upon passage and approval by the Council. PASSED: By 1122 Yt'lMous vote of the Council members present after being read by number and title only, this �20 � day of of 11iZern bfA , 1989. C erine atley, City Records APPROVED: Thio .� day of r�9 Ge Edwards, Mayor Approved as to forma Bate City Attorn 1 ORDINANCE NO. 89-3-L Page #2 t...A DEC 1. 31989 an4lp !�! CITY OF TIGAn OREGON MLIMINARY ENGINEORS REPORT FOR ER LINCOLN STREET LOCAL IMPROVEMENT DISTRICT NOVEMBER 290 1959 PRELIMINARY ENGINEERS REPORT FOR THE LINCOLN STREET LOCAL IMPROVEMENT DISTRICT TABLE OF CONTENTS t INTRODUCTION BACKGROUND PROPOSED IMFROVE.I*.ENT PROPOSED DISTRICT B/JUNDA1RIES ESTIMATED CONS METHOD AND DISTRIBUTION OF ASSESS S INTRODUCTION This Preliminary Engineers Report for the Lincoln Street and Locust/Greenburg Signalization Local Improvement District (L.I.D.) is submitted for consideration by the Tigard City Council. This report identifies the proposed improvement, its costs, and the e distribution of those costs to the properties that benefit from the improve tient.. On April 6, 1989, a meeting was held with MPO #8 and the adjacent CPO to discuss the formation of the L.I.D. to build Lincoln Street as well as to discuss the modification in the Metzger Comprehensive Plan that would allow the relocation of the proposed 93rd Street to the new Lincoln Street. There was general support of the Comprehensive Plan change and of the creation of an L.I.D. to build and fund the project. PROPOSED IMPROVEMENT The proposed improvement shall be divided into 2 sections for the purpose of cost allocation according to the benefit derived by the improvement. Section A: Section A shall provide for the construction of a 2/3 street improvement along Lincoln Street from S.W. Locust Street to a point approximately 770 lineal feet to the south or to the point approximatelj 280 feet north of Oak Street. The 2/3rds street improvement shall consist of a minimum of half street improl:ements plus ten feet of additional pavement. The improvements shall be designed and constructed to minor collector street standards. The improvements shall include concrete sidewalk, driveway aprons, curb, asphalt and concrete pavement, storm drainage, street lights, and landscaping, including street trees. The improvements shall also include a security fence along the Metzger School's property on the east side of thn right of way and a driveway and apron connecting the new road to Metzger School's existing parking lot on the west side of the school. The fence is needed because the construction of the road will dislocate the current fence along the west side of Metzger School. The asphalt connection is needed because the construction of the road realigns the driveway approach to the school, thus making the school's parking lot inaccessible without the connection strip. The improvements shall also include construction of curb, sidewalk and road at the frontage of tax lot properties #5100, #5101 along S.W. Locust Street. Due to the new construction across the street from the proposed widening, the traffic volume at this location will be substantially increased; thus the additional street construction is needed to enhance the safety of Locust Street. Section D: Section H shall provide for signalization at S.W., Locust and Greenburg Roars. Signalization shall consist of the furnishing r-ll labor, materials and equipment for the complete installation of a traffic signal, pedestrian controls, inter �- connection and illumination at the intersection of Locust Street i at Greenburg Road in Tigard. This work will include all work and equipment necessary to provide an operational inter-connect system between the new Locust Street signal and the existing signal at Mapleleaf Street and Greenburg Road. t. PROPOSEn DISTRICT B�rrraDARxE The proposed district boundaries are shown on Exhibit G. The following tax lofts are those of the district boundaries. Tax Lot # TAK-Am. Property Owr e._ AddrP.Ss 0100 lSl-35AB School District 23J 13137 S.W. Pacific Hwy, Tigard, OR 0400 1S1-35AH School District No. 23J 13137 S.W. Pacific Hwy. Tigard, OR 1002 1S1-35AH Two Lincoln North L.P. (III Linc,) 10220 S.W. Greenburg Road Tigard, OR 900 lSl-35AH Lincoln Center Phase V L.P. (v) 10200 S.W. Greenburg Road Tigard, OR � 1003 1S1-3543 4bv1b'—ap.tcnes.—axas.afv.i.a 46 (1 c. ) 10300 S.W. Greenburg Road Tigard, OR 1004 lSl-35AH Gros-Spieker-Hosford #88 (II Linc.) 10220 S.W. Greenburg Road Tigard, OR 3400 1SI -35AS Lincoln Center Phase IV L.P. (Tower) 10260 S.W. Greenburg Road Tigard, OR 5100 lSl-26DC Harry & Beverly Loos 9365 S.W. Locust Tigard, OR 5101 1S1-26DC Herbert and Georgia Slaughter 9335 S.W. Locust Tigard, OR oa000 00 0 000 00 0 0 000 0 00 0 00c, o o a Mad Ota o ti Goo 00 o R o a w e N a �O N o 0 to U Ii1 tt o cV Cf G9 eM N U1 ul e"e H e- 1� 0 1"y N 01 V), vi- f� 41 id 14 ,`.. 0 4J FA H rclcl 01 03 p {1 Ea (d N .11yb O N f 53 04 7 4i ` 9 B � 0 Al e •� ! H cry B f � i'°` B 43 � ani .g 1 f 04 Q ra ® V i - U dS 1 e: da a7 t� a fb o a H eiA H ER a 0 ri 3d f 0-04 e 4J �e M `, 1 rt8 > 1 k4 � g �>, � e ' to 0 0 a t4 9 b'+0 r. 0 "ri 1 X51 o-7 ► I d dig {1 B U1 Li �? �' H V Ff f IA IV 0 IT �+ H I A 0 1-1 1 41 4) f J 0 r O 3 11 O 41 0 e~ 0 f 4e 1 0) 9-4 B m $4 �•H H 1^1 1 0 �3 to •� B� B 0 0 •ri 41 H 1 i O m t int a v fat B.; GCI I v V a7 T O 1 !b r. 0 e eoe tn 04 W u 1 H W U METHOD AND DISTRIBUTION O)' ASSESSMENTS The method for allocation shall be based on the total square footage of the buildings within the commercial properties of the district. The square footages of the buildings being used as the basis for assessment shall be locked in at the time of the L.I.D. application. Any changes in the buildings' square footages after that time will not affect the assessment percentages. Section A• Properties to be assessed: i Building of Total Cosmo AI1oc. Lincoln 1V 225,500 43 75,551 Lincoln III 93,248 18 31,626 Lincoln II 90,156 17 29,869 Lincoln V 125,500 22 38.654 533,904 100% $175,700 Sectj n—BAL Properties to be assessed: Building Ftj. t of Total Cost Alloc, Lincoln 1 142,119 21 25,830 Lincoln II 90,156 14 17,220 Lincoln 111 93,248 14 17,220 Lincoln IV 225,500 33 40,590 Lincoln V 125.500 18 22.140 676,523 100% $123,000 Total Avaessment per Property: Tam Lot Building assessment 1003 Lincoln I $ 25,830 1004 Lincoln II $ 47,089 1002 Lincoln III $ 48,846 3400 Lincoln IV $116,141- 900 116,141900 Lincoln V $ 60,794 5100 $ 0 5101 $ 0 0100 $ 0 0400 $ 0 Note: The parking structures are completely owned by the respective buildings. Their square footages are not, therefore, being assessed. ` The tax lots that are not being assessed are the following: 5100 lSl-26DC Harry & Beverly Loos ; 93655 S.W. Locust Tigard, OR 5101 151-26DC Herbert and Georgia Slaughter 9335 S.W. Locust Tigard, OR 0100 lSl-35AB School District 23J 1.3137 S.W. Pacific Hwy. R' Tigard, OR 0400 3.51-35AB School District No. 231 1.3137 S. T. Pacific Hwy. Tigard, OR Locust Street, currently partially improved, is a safety hazard due to increased traffic from commercial development across than street for the residential property owners. For this reason they are not being assessed. The school's property is being returned to parity with their original improvements. For this reason they are not being assessed. -.{ - r_. sem++- .,:�—_ ._. �.._.-,.._ -.-.:..--> -._ -,.-. ,.:: -.-. .. �- -._ ,_. ..,....a-; ..:F�r+ ,-t+-. �,,.��Eur•.,.-..,y,�.,�..;,: t n�+�Cz� g""�'a�">ti»� ^.1'r7 �,�'*•. - 39 f1Ji1°s4��et spe spy r!s sir oar rps s{s spr sps tis-T s s f s s _s ► s-.--t _. _ I i � E- J } .� I { � � ..� . f. �� ! (,1 off i I� l s!i slP1TIj6 s I o'[111 I I s 1 I sirI 11111 lip-spIsrs opsIrps s{s sps s!s s s sps If sts rrs• Y — NOTE: IF THIS MICROFILMED _--._ __..I_ 2 3 4 S 6 7 8 9 O I l - 12 Ago- DRAWING IS LESS CLEAR THAN 1 - THIS NOTICE, IT IS DUE TO - �� : THE QUALITY OF THE ORIGINAL DRAWING. -- oe sz ez zz sa sz bz" ez zz la -6z- 77- 6z _..._ '�tlrfllfr�l011i1illl!lgi11Nl1f�ixltsssi� � ! i - __ mARCHk 1990-777 i N y s< r AL S.W. _ (SELLERS STR )'_ rn N rr m N O O PROPOSED L.I.D. BOUNDARIES ot* ""°...P.,F.".". i n c r p o r ted - IT,"_55'N9oeno Fury PG.L,bOP.epy/R99Ni,!W 67i:6�6 'Ot E.:m9iNa.Yvmner,4W96661 i.1a9699d11: �LN6rYWay.�%63 KuMan0.W19K.lt f•�967S�u6 .. ...•,... •t^M1;ia";:GF.:F4 i:�atiarx..+v`l.'k �-r':,«''A'.. _hT:^N'e,"v��+'tVW:S�PiG�,'..`aYC<4"acT✓`.•3�5*+".TtiY+.,rt�!t j ` ^"_.-_ :.-..�=:�-nuu• `°'.,@"�.c..'.�..-.++�v.v�.a..�ti... .-.�.:..'-.�.. .w;.,... .. +:.4nr... ... �k.'%+na.R'm•w• .e.+-r,r.*�<P+y+'�,SwaHei'TnY,•n�+tra}'.w4.n.Ys.4•+^,`n,toyy+z. AF . 1-r►1 1 1 1 1 101 1 1-1 1 r 1 1 1 J.1 t i r 1 _I ! T � I 1r! t l mJmlll'f),P1Th9Ili I1P11III11;1119Y)'iit�!(lrr�T�tO►It�Irt1111�1hf111'�IT�111�°11��i'fllr11j1�111�1t1�/11�rIr�ItT1►rr =--- y NOTE: IF THIS MICROFILMED I: .0.. �.._•.. 3 4 DRAWING IS LESS CLEAR THANImp— THIS NOTICE, IT IS DUE TO -THE QUALITY OF THE ORIGINAL _ -. - DRAWING. OE 6Z @Z 1Z 9L SZ bZ 6Z ZZ IZ OZ 61@I LI 91 St b0 BI Zi 11--_.6( 6 9 -�__ . _._ _..._. -. HOI�IIfr01111�1111�I111�uurIN1 1 MARCHt a."�,p e•».'c`_ .., .*.+.. .s..,,,.. ...;, .._:... ... ...- s- __;..__. ,.,.•----.-.-r—..+.+.-er .. •��. °.�.. �"�'d."„^, P "gym,^���-�--- -._...�_..._.-. .-..,�---.�.�..+,..,.-::. ;w P:.r... .....�.... I PROPOSED LINCOLN L.I.D. December 8, 1989 A parcel of land in the north one-half of Section 35, TAS., RAW.,W.M.,Washington County, Oregon, said parcel being more particularly described as follows: Beginning at the northwest corner of Block 6, "Town of Metzger"; thence southerly 300 feet to the southwest corner of said Block 6; thence southerly 50 feet to the northwest corner of Block 17, "Town of Metzger"; thence southwesterly along the arc of a 1000 foot radius nontangent curve left to the southwest corner of Block 16, "Town of Metzger"; thence southerly along the southerly extension of the west line of said Block 16 to the southerly line of the plat of said "Town of Metzger"; thence westerly 50 feet to the intersection of said southerly line with the southerly extension of the easterly line of Block 15, "Town of Metzger"; thence southerly and westerly tracing the easterly and southerly Panes of that parcel recorded as Fee Number 87063789, Washington County Deed Records, to the southwest corner thereof; thence westerly tracing the southerly lines of those parcels recorded as Fee Number 81-14690, Fee Number 81-1.4953 and Fee Number 81-18711, Washington County Deed Records to the intersection of the northerly line of S.W. Oak Street with the easterly line of S.W. Greenburg Road; thence southwesterly to the intersection of the westerly line of said S.W. Greenburg Road with the northerly line of Highway 217; thence northerly tracing said westerly line to the intersection of said westerly line with northerly line extended westerly of S.W. Locust Street; thence continuing northerly along said westerly line to a point which is 320 feet northerly of the intersection of the northerly line extended westerly of said S.W. Locust Street with the centerline of said S.W. ` Greenburg Road, as measured along said centerline; thence easterly at right angles to said centerline to the easterly line of said S.W. Greenburg Road; thence southerly tracing said easterly line to the northerly line of said S.W. i.ocust Street; thence easterly tracing said northerly line to southwest corner of Lot 2, Block C, "Lehman Acre Tracts"; thence northerly, easterly and southerly along the boundaries of said Lot 2, Block C, to the southeast corner thereof; thence southerly at right angles to the centerline of said S.W, Locust Street to the southerly line thereof; thence easterly along said southerly line to the Point of Beginning. LESS that parcel described in Fee Number 87-33598, Washington County Deed Records. W25