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Resolution No. 83-47 CITY OF TIGARD, OREGON RESOLUTION NO. 83- L"7 A RESOLUTION OF THE TIGARD CITY COUNCIL MAKING FINDINGS AND DECLINING TO PROCEED WITH LID #38. WHEREAS, JB Bishop, the cont-act buyer of the majority of the property within the boundaries of proposed LID 9x38, petitioned for the formation of the LID, and WHEREAS, by RESOLUTION NO. 83-26, March 7, 1983, the City Council declared its intent to construct certain public improvements, and WHEREAS, the City Council on May 16, 1983 and May 23, 1983 held hearings on the proposed LID #38; and WHEREAS, the City Council finds that although the proposed project to be served by the improvemerits is desirable and the developer is willing to make certain assurances to the City, the risk to the City outweighs the benefits of f this particular proposal; and £.. specifically the Council finds: 1. The developer is in Chapter 11, business reorganization bankruptcy, 2. A reserve fund from the bond sale which would provide some additional security is not possible under the Bancroft Act, 3. The assurances proposed by the developer cannot t_ satisfactorily reduce the risk to the City, 4. The City's Special Assesment Fund is inadequate to carry the bond payments if there is a default. RESOLUTION 83- 14-2 (0483A) 1 1 I NOW, THEREFORE BE IT RESOLVED THAT: SECTION 1: Based on the findings above, the City Council of the city of Tigard declines to proceed with LID #38 at this time. PASSED: This day of 1983. Mayo r ATTEST: ( �L City &Lsborder l RESOLUTION NO. 83- 7 PAGE 2 (0483A)