Ordinance No. 14-05 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 14- 0A
AN ORDINANCE MODIFYING THE BOUNDARIES OF TIGARD TRIANGLE LID NO. 1
IMPROVEMENT DISTRICT; DECLARING RESULTS OF THE HEARING HELD WITH RESPECT
TO LID NO. 1;ORDERING THE RECONSIDERATION OF THE CONTINUATION OF LID NO. 1,
IF NO MEANINGFUL PROGRESS HAS TAKEN PLACE WITHIN A TWO-YEAR PERIOD OF THE
ADOPTION OF THIS ORDINANCE.
WHEREAS, Resolution 07-75, ratified by Ordinance 08 declared the formation of LID No. 1 and
described the boundaries of LID No. 1;and 68--03 serie e4erkerrar
WHEREAS, the improvements to be constructed in LID No. 1 have not moved forward to the design
phase,and construction has not commenced;and
WHEREAS,in August 2013, certain owners of property located in LID No. 1 requested a status update on
the design and construction of the improvements in the LID, and requested abandonment of the LID or
modification to exclude their three properties;and
WHEREAS, at the request of the property owners, the City Council elects to remove tax lots
1S136DD07500, 1S136DD07600 and 1S136DD07601 from LID No. 1;and
WHEREAS, the City Council held a public hearing on this matter on October 8, 2013, and continued the
hearing to November 12,2013;and
WHEREAS,legal notice of the hearing date was given by publication in The Times on September 26, 2013,
prior to the hearing date;and
WHEREAS, on September 19, 2013, notices were mailed to owners of property in LID No. 1 for the
purpose of affording an opportunity to any property owners in LID No. 1 to make objections or
remonstrances to the proposed improvement;and
WHEREAS,at the hearing,City Council reviewed the record and received written and oral testimony;and
WHEREAS, at the continuation of the quasi-judicial hearing on November 12, 2013, City Council voted in
favor of a motion to leave the LID in place, remove the three properties that asked to be removed,and hold
another proceeding to review the LID in two years;and
WHEREAS, City Council asked staff to determine whether the deletion of properties from LID No. 1
would likely increase the assessment on one or more properties'owners;and
WHEREAS, city staff has determined that removing three properties from the LID will not increase the
estimated assessments;and
WHEREAS,additional notice and hearings are not necessary;and
ORDINANCE No. 14-0_i
Page 1
WHEREAS, all proceedings to date have been in conformity with State Statutes, the Tigard Charter,
Chapter IX, Sections 38 and 39, the Tigard Municipal Code, Title 13, and all procedures were regularly and
lawfully conducted.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Resolution No. 07-75, adopted by City Council on December 18, 2007, as amended in
Ordinance 08-03 by the revised Engineer's Report dated February 6, 2008, is hereby
modified as set forth in the attached map and marked as Attachment A, Exhibit 1 and
adopted as a part of this Ordinance. The boundaries of Tigard Triangle Local
Improvement District No. 1, as shown in Attachment A,Exhibit 1 are declared and fixed
in accordance with the exhibit. The previous LID boundary is shown as Attachment A,
Exhibit 2.
SECTION 2: Except as modified in this Ordinance, the City Council hereby ratifies and reaffirms LID
No. 1 and the provisions of Resolution 07-75 and Ordinance 08-03.Any provisions that do
not conflict with this Ordinance remain in effect.
SECTION 3: The estimated costs and expenses of the improvements to be assessed against the specially
benefited properties is$1,963,029.00 as shown in Attachment A,Exhibits 3,4,5 and 6.
SECTION 4: The City Council finds that,the modification to LID No. 1 will not increase the assessment
on any of the properties within the boundaries of LID No. 1. 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 right of way or easement acquisition and condemnation
proceedings;attorney's fees and any other necessary expenses.
SECTION 5: All lands within the boundaries depicted in Attachment A, Exhibit 1 are detennined and
reaffirmed to be a street improvement assessment district, and it is further reaffirmed that
each lot, part of lot and parcel of land within said boundaries will be specially benefited by
said improvements. The estimated cost is $1,963,029.00 for the improvements. The
project cost estimated to be $1,963,029.00 shall be assessed,according to benefit,against all
lands within the district. Benefit for the purposes of Tigard Triangle LID No. 1 is hereby
determined to be derived according to improving both the property's ability to develop as
set forth in the Comprehensive Plan 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 determined after completion of
all improvements and acceptance of the improvements by the City of Tigard. The final
methods of assessment shall likewise be detertnined after the improvements are completed
and accepted.
SECTION 7: The City Council finds that the Tigard Triangle LID No. 1 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.
ORDINANCE No. 14-0,5
Page 2
SECTION 8: Because of uncertain economic times and the fact that the city is still completing the Tigard
Triangle Master Plan, the City Council orders that,if construction has not been completed
by the date that is two years from the effective date of this Ordinance,the City Council shall
conduct another hearing and re-evaluate whether LID No. 1 continues to be necessary.
SECTION 9: This ordinance shall be effective 30 days after its passage by the City Council, signature by
the mayor,and posting by the city recorder.
PASSED: By vote of all council members present after being read by number
and title Ady,thi day ofcW/L ,2014.
- � )�� .
Carol A. Krager,Deputy Ci Recorder
APPROVED: By Tigard City Council this f/f `day of �'1 .�. ,2014.
John .Cook,Mayor
Approved as to form:
ity Attorney
772al,L A_ 14 261`1
Date
ORDINANCE No. 14-0
Page 3
MODIFIED LID BOUNDARY
Attachment A
Exhibit 1
_SW L
ATANTA
' Il
' � R
,
E „
� � 1
— ^_ ---- SW 6AlLOR STREETS
<n I o �zl
p '
ofcosi u a imi
Ml
d �E
_ 0 (A,
- ---- ---- 1 9---�-- ,0 L-
_ _--f SW CLINTON STREET, 0
- `-----1— i g--- :_j
o : ,
W� � E
41
E
SW DARTMOUTH STREET +
Printed February 18, 2014
LI_D BOUt\DARY
SW ?0TH AVENUE- -- r __ _ G)
I ` ' ' I ! ��
�
ITL 7190 ''r-, / . TL 2"a 1 CDI
rn n mm �Z I n 2100 I 1 �.� � r
9-4a i D
i t { n Joao tt I{
stoo
TL �soo L
rn
i--
SN! 69m AVENUEm m�
TL e300 TL s204 TL awo In 3100' 'rL 1000 TL 2800 TL 270* � ' ' A
fD f ` n Wa n 9001
CL n 9"o '
SW 68TH PARKWAYPO
j w ro
N >
Attachment A
Exhibit 3
Table 1
Tigard Triangle LID
Summary
Tax Lot Land Owner Sewer-A Street/Storm-B
Sidewalk and '"New Estimated "Original
Streetscape-C i total Cost Costs
7001 Roth $0 $65,871 $27,952 $93,823 $93,823
6900 Roth $10,293 $77,204 $40,098 $127,595 $127,595
2300 Specht $7,461 $126,585 $65,756' $199,803 $199,803
2100 Specht $6,093 $77,791 $25,841 $109,725 $109,725
2500 _ Specht $770 $32,524 $119791 $45,273 $45,273
2400 Sternberg Family $5,541 $65,059 $23,959, $94,559 $94,559
6300 Specht $0 $93,702 $46,2651 $139,967 $139,967
6200 Specht $515 $81,926 $30,182; $112,623 $112,623
6100 Specht $10,343 $147,707 $75,4761 $233,525 $233,525
6600 Specht $0 $144,392 $63,671 $208,063 $208,063
3100 Specht $7,705 $60,866 $34,09711 $102,668 $102,668
3001 Specht $0 $101,923 $48,6281 $150,551 $150,551 Totals from removed properties
2900 Specht $17,955 $113,567 $41,887 $173,409 $173,4091 Sewer Street Sidewalk Total Adjusted
3290 Stronjny/Baldwin $0 $52,798 $19,565 $72,363 $72,363 Townhomes $0 $47,804 $22,843 $70,647 $70,648
2800 Moore $10,259 $64,889 $23,934 $99,062 $99,082 Townhomes $0 $40,184 $19,422 $59,606 $59,606
New Estimate Totals $76,933 $1,306,804 $579,290 $1,963,029 $1,963,029 Ro $720 $48,931 $18,133 $67,784 $67,785
Totals from removed properties $720 $136,919 $60,398 $198,0391 $720 $136,919 $60,398 $198,037 $196,039
Original Totals $77,653 $1,443,723 $639,691 $2,161,069' ` '$2 adjustment necessary for previous computation error
With removal of 3 properties J✓Q L�/ �, d y
Tigard7'ua&LID-Sun-
I:\LNG\l-Acute Projects\7Slard Tuanglc 1,11)#I-Research Resiltg_(Bill omc to 85208)\2014\Tiprd Tdwtglc LID Cost Dwnbutionsl» Punt 2/35/20148:49 AM
Attachment A
Exhibit 4
Table 2
Tigard Triangle LID
Sewer-A
0%Frontage,100%Lot(Property)Area
Total Cost $76,933
Sewer Property New Estimated
Tax Lot Land Owner Sewer Area(SF) %Total Total Cost
7001 Roth N 0 0.00% $0
6900 Roth Y 10001 13.38% $10,293
2300 Specht _ Partial 7250 9.70% $7,461
2100 ;Specht Partial 5920 7.92% $6,093
2500 S echt Partial 748
1.00% $770
2400 Sternberg Family Partial 5384 _ _
720% $5,541
6300 Specht N 01 0.00% $0
6200 Specht Partial 500! 0.67% $515
6100 Specht Partial10050' 13.44% $10,343
6600 Specht N 0 0.00% $0
3100 'Specht Y 7487 10.02% $7,705
3001 Specht N 0 0.00% $0
2900 Specht Y 17446 23.34% $17,955
3290 Stronjny/Baldwin N Oi 0.00% $0
2800 Moore Y 99681 13.33% $10,259
New Estimate Totals 74,754 100% $76,933 _
Original Totals 75,454 $77,653
sewer-A
L\FFG\1-Ac,-P q,t,\Tigaed T..ngle LID#1-Resenr1,Rcadts_(JUI time.852118)\21)14\lip d 7nng)c LID cost Disrnbudon.xlas Pmu:2/25/211148:42MM
Attachment A
Exhibit 5
Table 3
Tigard Triangle LID
Street&Storm-B
25%Frontage,75%Lot(Property)Area
Total Cost $1,306,804
Frontage Property Recalculated* { Original*
Street/ *New Estimated ' i Weighted Weighted Weighted Weighted Cost
Tax Lot Land Owner Storm Length(LF) %Total ;Area(SF) %Total Cost Cost Cost% Costs
Total Cost
7001 Roth Partial 127 4.72% $15,407 i 9534 5.15% $50,465 1 $65,872 5.04% i $65,871 4.56%
6900 Roth Y 200 7.43% $24,263 c 10001 5-.40% $52,937 It $77,200 5.91% $77,204 5.35%
2300 Specht Partial 328 12.18% $39,791 16396 8.85% $86,786 $126,577 9.69% $126,585 8.77%
2100 Specht Y 100 3.71% $12,131 12406 6.70% $65,667 $77,798 5.95% $77,791 5.39%
2500 Specht ----Y--T— 50 1.86% $6,066—+ 4999 2.70% $26,460 $32,526 2.49% $32,524 2.25%
2400 Sternberg Family Y 100 3.71% j $12,131 10000 &409/. $52,931 $65,063 I 4.98% L $65,059 510/6
6300 Specht Y 226 8.399/6 $27,417 12522 6.76% $66,281 $93,698 7.17% $93,702 6.499/6
6200 Specht Y 126 4.68% $15,286 12591 6.80% $66,646 ) $81,932 6.27% $81,926 5.67%
6100Specht Y 37413.59% $45,372 19332 10.44% $102,327 $147,699 11.30% $147,707 10.23%
6600 Specht Y 296 10.99% $35,909 20495 11.07% $108,483 ' $144,392 11.05% $144,392 10.00°!
3100 'Specht Y 175 6.50% $21,230 7487 4.04% $39,630 $60,860 4.66°/ $60,866 4.22%
3001 Specht Y 234 8.69% $28,388 13892 7.50% $73,532 $101,920 7.80% $101,923 7.06
2900 Specht Y 175 6.50% $21,230 17446 9.42% $92,344 1 $113,574 8.69% i $113,567 7.87%
3290 Stronjny/Baldwin Partial ! 821 3.04% $9,948 8096 4.37% $42,853 $52,801 4.040/. ! $52,798 3.66%
2800 Moore Y 100 3.71% $12,131 9968 5.38% $52,762 $64,893 4.97% $64,889 4.49%
New Estimate Totals) 2693 100% $326,70 185,165 1009/. I $1,306,804 100% $1,306,804 90.52% -
Original Totals 29731 204,615 - -- - -- $1,443,723
*With the removal of 3 properties
Street&St—-13
t:\E\G\i-.�cti`-e P�ojeas\Tigard Iuan�c Llllitl-Research Re,uln_(Bill n ,85_^ti8)\'_u14\Tigard IIi ngie LID Cos[ITscub.n ,_,, Punt'/25/_^i1148:49AM
Attachment A
Exhibit 6
Table 4
Tigard Triangle LID
Sidewalk&Streetscape-C
75%Frontage,25%Lot(Property)Area
Total Cost $579,290
Frontage Property Recalculated' Original'
Sidewalk/ *New Estimated Weighted Weighted'; Weighted Weighted
Tax Lot Land Owner Streetscape Length(LF) %Total Total Cost Area(SF) %Total Cost Cost Cost% Costs Cost%
7001 Roth Partial 127 4.72% $20,489 9534, 5.15% $7,457 i $27,946 4.82% 1 $27,952 4.56%
6900 Roth Y 200 7.43% $32,266 I 10001 5.40% $7,822 $40,068 6.92% $40,098 5.35%
2300 Specht Partial 328 12.18% $52,917 16396 8.85% $12,824 $65,741 11.35% ? $65,756 8.77%
2100 Specht Y 100 3.71% $16,133 12406 6.70% $9,703 $25,836 4.46% $25,841 5.39%
- —-- - -
2500 Specht Y 50 1.86% $8,067 4999'. 2.70% $3,910 $11,976 ' 2.07% $11,979 2.25%
2400 Sternberg Family Y _ 100 3.71% $16,133 10000 5.40% $7,821 $23,954 4.14% $23,959 4.51
6300 Specht Y I 226 8.39% $36,461 125_22 6.76% $9,794 t $46,255 7.98% i $46,265 6.49%
6200 Specht Y - 126 4.68% $20,328 12591 6.80% $9,848 $30,176 5.21% $30,182 5.67%
6100 SpeY 374 13.89% $60,338 19332 10.44% $15,120 $75,458 13.03% $75,476 10.23%
cht _
6600 1 Specht Y 296 10.99% $47,754 1 20495 11.07% $16,030 : $63,784 11.01% $63,671 10.00%
3100 lSpecht Y i 175 6.50% $28,233 1 7487 4.04% $5,856 $34,089 5.88% $34,097 4.22%
3001 Specht Y 234 8.69% $37,752 13892 7.50% $10,865 $48,617 8.39% $48,628 7.06%
2900 Specht Y 175 6.50% $28,233 17446 9.42% $13,645 $41,878 I 7.23% $41,887 7.87%
3290 Stronjny/Baldwn Partial 82 3.04% $13,229 8096 4.37% $6,332 $19,561 3.38°l0 $19,565 3.66%
2800 Moore Y 100 3.71% $16,1339968 5.38% $7,796 $23,929 4.13% $23,934 4.49%
New EstimateTotalst 2693 100% $434,468 185,165 100% $144,823 $579,290 100% $579,290 90.52%
Original Totals 1 2973 - 204,453; _ _ -- $639,691
With the removal 013 properties
Side lk&Stro to pe-C
1-\LtiG\t-Ai--Pmje ,\Tign,d T'nangle LID#1-Res h R—dts_(Rill time to 85208)\2014\"I'ip,d 1n ,4e LID C-1"onbuno-N, Pont 2/25/20148:49 AM