Ordinance No. 99-07 CITY OF TIGARD,OREGON
ORDINANCE NO.99. O`7
AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTION OF THE CITY
COUNCIL OF FEBRUARY 9, 1999, AS AMENDED, WITH RESPECT TO THE BOUNDARIES
OF THE 69TH AVENUE LOCAL IMPROVEMENT DISTRICT(LID#49);DECLARING RESULTS
OF THE HEARING HELD WITH RESPECT TO THE IMPROVEMENT; DETERMINING THE
BENEFITED PROPERTIES TO BE ASSESSED; ESTABLISHING THE DISTRICT; AND
ORDERING THE IMPROVEMENTS TO BE MADE IN CONFORMANCE WITH PLANS AND
SPECIFICATIONS BEING PREPARED FOR THE IMPROVEMENTS.
WHEREAS,Resolution No.99-10 was passed by the City Council of the City of Tigard at its regular
meeting of February 9, 1999,which described the boundaries of a proposed street improvement assessment
district,and which declared the Council's intention to construct street improvements,including curb,gutters,
sidewalk,streetlights,storm drainage facilities, sanitary sewer,waterlines,street trees, undergrounding of
any overhead utilities,and appurtenances thereto,and to assess the costs for the improvements against the
properties within the boundaries which have been found to be specially benefited;and
WHEREAS, pursuant to the resolution, legal notice of the hearing scheduled for February 23, 1999 was
given by publication in the Tigard Times on February 18, 1999 prior to the hearing;and
WHEREAS,,by the terms of the resolution a hearing was held at 7:30 p.m.on February 23, 1999 at the
Town Hall Meeting Room in City Hall located at 13125 SW Hall Boulevard in Tigard,Oregon and was
continued to March 9, 1999 at 7:30 p.m.for the purpose of affording an opportunity to any parties affected
by the proposal to make objections or remonstrances to the proposed improvements;and
WHEREAS,written notice regarding the continuation of she public hearing was given to all property
owners in the proposed assessment district ten or more days prior to the continuation of the hearing in
accordance with TMC 13.04.040(b)(1)B;and
WHEREAS,the preliminary plans and specifications for the improvements,the estimates of the work to be
performed,and the probable costs of the improvements which each lot should pay w_re available to the
public at the meeting and prior to the meeting;and
WHEREAS,by the terms of the resolution and public notice,written objections or remonstrances from not
less than 66 2/3% by property area of the owners of the properties within the boundaries of the proposed
improvement assessment district were invited as provided by TMC 13.04.040;and
WHEREAS,all objections and remonstrances presented prior to the hearing and at the hearing represent
less than 66 2/3%by property area within the improvement assessment district,and that the percentage of
remonstrances is not a ban to further proceedings in the making of the improvements;and
WHEREAS,all proceedings to date have been in conformity with State Statute,the Tigard Charter,Chapter
IX, §38, §39, and Tigard Municipal Code, Title 13, and all procedures were regularly and lawfully
conducted,
ORDINANCE NO.99- i:kiVMdelord\Ordinance for Formation of 69°Avenue LID
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NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Resolution No. 99-10,adopted by the City Council on February 9, 1999,and attached and
marked as Exhibit "A" shall be adopted as a part of this ordinance subject to the
amendments set forth in Sections 5 and 6 of this ordinance.The amendments are a result
of the public hearing proceedings, and the amended resolution is hereby approved,
ratified, and confirmed. The boundaries of the area henceforth to be known as 69th
Avenue Local Improvement District, as described in the resolution, are declared and
fixed in accordance with the description.
SECTION 2: The City Council, having acquired jurisdiction to order the improvements to be made,
does hereby authorize the formation of the local improvement district and directs the
Finauee Director to prep—arc the Preliminary Assessment Roll.
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SECTION 3: The City Council further authorizes the acquisition of land as provided by State law and
the Tigard Municipal Code, and the construction of street improvements within the
boundaries of the 69th Avenue Local Improvement District in conformity in all
reasonable particulars with the plans and specifications being prepared for this LID.
SECTION 4: The estimated costs and expenses of the improvements to be assessed against the
specially benefited properties is $1,228,005.00. The estimated costs include the cost of
construction and installation of the improvements, advertising, legal, administrative,
survey, engineering, notice, supervision, materials, labor, contracts, equipment,
inspections and assessment costs; financing costs including interest charges; the costs of
necessary property rig'at-of-way or easement acquisition and condemnation proceedings;
attorney's fees and my other necessary expenses.
SECTION 5: All lands situated within the boundaries described on the attached Exhibit "A" are
determined and declared to be a street improvement assessment district, and it is further
declared that each lot, part of lot and parcel of land within said boundaries wi11 be
specially benefited by said improvements. The estimated cost is $1,228,005.00 for the
improvements including land acquisition costs.The City of Tigard shall be a participant
in the street improvement assessment district and shall contribute an amount not to
exceed $200,000.00 for land acquisition costs to permit construction of the Beveland
Street Extension between 68'Avenue and 69'Avenue.The project costs estimated to be
$1,228,005.00 shall be assessed,according to benefit,against all lands within the district,
except that the City of Tigard shall contribute an amount not to exceed$200,000.00 that
shall be used to reduce the costs assessible to the benefited properties. Benefit for the
purposes of LID 49 is hereby determined to be derived according to improving both the
property's ability to develop as set forth in the Comprehensive Flan and the Tigard
Triangle Design Standards for the City of Tigard, and the property's access to the
improvements.
SECTION 6: The final costs of the improvements to be assessed shall be determin ad after completion
of all improvements and acceptance of the improvements by the City of Tigard.The final
methods of assessment shall likewise be determined after the improvements are
completed and accepted.
ORDINANCE NO.49- Vcciq Mde4rrdlOrclinance for Fa :mtion of 69'Avenue LID
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SECTION 7: The Tigard City Council finds that the 69a Avenue Local Improvement District
improvements are local improvements of the character described in TMC 13.04.010(a)
and ORS 310.140, and that they therefore qualify for interim financing pursuant to ORS
223.235,
SECTION S: This ordinance shall be effective 30 days after its enactment by the Council and approval
by the Mayor.
PASSED: By Ll rlCt 1 (Y'RQ vote of all Council members present after being read by number
and title only,this day of — 9d,t-r-A _ .91999.
Catherine Wheatley,City Recorder
APPROVED: By Tigard City Council this r day of 999.
l
es Nicoli,Mayor
Approved as to forme
Cityo ey
3-cl=C4, q
Date
ORDINANCE NO.99--JL-L I:\citywidebrd\Ordiname for Fommtion of 69"Avenue LID
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CITY OF TIGARD,OREGON Exhibit "A"
RESOLUTION NO.99- /(�
A RESOLUTION DECLARING COUNCIL'S INTENTION TO FORM A LOCAL
IMPROVEMENT DISTRICT(LID)TO IMPROVE 69TH AVENUE AND CERTAIN OTHER
STREETS WITHIN THE TIGARD TRIANGLE IN THE CITY OF TIGARD.
WHEREAS, Specht Development,Inc.submitted a petition for formation of a Local Improvement
District(LID)to construct improvements to the following streets within the City of Tigard:
• SW 69`h Avenue between the south right-of-way line of SW Dartmouth Street and the south
right-of-way line of the proposed extension of SW Beveland Street(i.e.the south property line of
Tax Lots 9100,8800 and 8600,2S101AA)
• SW Elmhurst Street between SW 68'Avenue and SW 70'Avenue
• SW Franklin Street between SW 68'Avenue and SW 69'Avenue
• SW Beveland Street between SW 69d'Avenue and SW 70 Avenue
• SW Dartmouth Street between SW 69'h Avenue and SW 70*Avenue(South side only);and
WHEREAS,the proposed improvements include upgrading the streets to full city street standards,
including sewer,water,storm drainage facilities,curbs,gutters,sidewalks,street trees,and
undergrounding of any overhead utilities;and
WHEREAS,the Engineering staff prepared a preliminary evaluation report which was submitted to City
Council for discussion and direction during the meeting of October 13, 1998;and
WHEREAS,the preliminary evaluation report determined that the proposed LID appears feasible and
recommended that City Council take the next step in the LID formation process by authorizing the
preparation of a preliminary engineering report;and
WHEREAS,the City Council discussed the proposed LID,heard the pros and cons about the proposed
LID,and provided an opportunity for input by the initiators of the LTD and other property owners;and
WHEREAS,the City Council by Resolution No.98-52 authorized the preparation of a preliminary
engineering report for the proposed LID;and
WHEREAS,the City Council has provided additional guidance since the meeting on October 13, 1998 to
extend the LID boundary south to Hampton Street,and to include the extension of Beveland Street from
69d'Avenue to 68h Avenue to satisfy the requirements of the Tigard Triangle Street Plan;and
WHEREAS,the City has retained the firm of DeHaas and Associates,*Inc.to prepare the preliminary
engineering report;and
WHEREAS,DeHaas and Associates,Inc.has completed the preliminary engineering report,which
includes extension of the LID boundary to Hampton Street and the extension of Beveland Street from 69°'
Avenue to 68°i Avenue;and
RESOLUTION NO.99-yQ
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WVHEREAS,the preliminary engineering!eport recommends that City Council proceed with the formation
of the LID as proposed in the report.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The City Council hereby declares the intention to form a local improvement
district(LID)to improve the following streets within the Tigard Triangle in the
City of Tigard
• SW 6916 Avenue between elle nodtl!light-ol tiay firw of SW H--nton Street.
and the south right-of-way line of SW Dartmouth Street
• SW Elmhurst Street between SW 68th Avenue and SW 70th Avenue
• SW Franklin Street between SW 68th Avenue and SW 69th Avenue
• SW Beveland Street between SW 68th Avenue and SW 70th Avenue
• SW Dartmouth Street between SW 69th A-enue and SW 70th Avenue(South
side only)
SECTION 2: The improvements will include street,storm drain,sanitary sewer,water,
sidewalk,lighting,undergrounding power-telephone-TV,and other ancillary
improvements necessary to bring the streets up to full City standards.Basle
construction will be procured in accordance with City of Tigard construction
contract procurement procedures.Portions of construction may be completed by
public utilities(sewer,telephone,TV and water).Miscellaneous construction may
be provided by City Forces.
SECTION 3: The estimate of probable total costs of the improvements is$1,228,005.00.
SECTION 4: The methods of assessment shall be as follow:
a. Street and Water Qualily Improvements
50%of costs on a Frontage Basis
50%of costs on an Area Basis
b. Storm Drain and Detention Improvements
100%of costs on an Area Basis
C. Sanitary Sewer Improvements
Service extension costs on a Per Each Basis
Remaining costs on an Area Basis
d. }dater provements
Service extensions and new hydrant costs on a Per Each Basis
e. Sidewalk Improvement
100%of costs on a Frontage Basis
f Street Trees and Barkdu
100%of costs on an Area Basis
g, Undererouodinp Power Telephone and TV
100%of costs on an Area Basis
RESOLUTION NO.99-,o
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h. A cid Imnr�vements
100%.of the following costs on an Area Basis:
1) Right-of-way acquisition,including right-of-way and demolition
costs related to the taking of night-of-way for Bevelard between
69th and 68th.
L) i(CciLi vas:_arid aa'WA aat at MW comer of 69th and Hampton.
3) Reconstruct wheelchair ramp at NW corner of 69th and Hampton,
if deemed necessary.
4) Street Lighting
SECTION 5: The public hearing to hear remonstrances shall be conducted during the City
Council meeting on February 23, 1999 at 7:30 p.m.in City Hall,Town Hall
Meeting Room, 13125 SW Hall Blvd.,Tigard,Oregon.
StCTION 6: Proper notice shall be given regarding the time and date of the public hearing to
hear re-=strances. This notice should include the streets in the proposed LII)
and a brief description of the proposal public improvements.
PASSED: This `'j day of1999.
or-City of Tigard
ATTEST:
City Recorder-City of Tigard
1.1CirywkeVtn Readulion of Intent to Form 69"Avenue LIQ
RESOLUTION NO.99-
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