Ordinance No. 66-28 / i,7_TY OF TIGARD, OREGON
ORDINANCE No. 66 -- _ 28
AN ORDINANCE ESTABLISHING A SPECIAL SINKING FUND FOR THE
PURPOSE OF PROVIDING FOR PAYMENT OF THE COST OF RELOCATION OF SEWER
FACILITIES AT THE INTERSECTION OF BEAVERTON-TIGARD HIGHWAY (Second-
ary State Highway #144) and PACIFIC HIGHWAY WEST (Primary State
Highway #1W) , PROVIDING FOR DEPOSIT THEREIN OF THE NECESSARY FUNDS,
AND DECLARING AN EMERGENCY.
WHEREAS, the State of Oregon through its Highway Commission
proposes to construct the Pacific Highway West-South Tigard Inter-
change section of the Beaverton-Tigard Highway (Secondary State High-
way #144) in Washington County, Oregon, in connection with which the
State has deemed it necessary to relocate and reconstruct certain
sewer facilities of the City of Tigard located within the existing
right-of-way of Pacific Highway West (Primary State Highway #1W); and
WHEREAS, the total cost of said relocation and reconstruction
approximates the sum of $ 38 000.00 , for the payment of a
portion of which the City ,has den ed iab lity, and for payment of
all of which the City has no present ability to pay under its budget
or otherwise; and
WHEREAS, the State and the City through negotiations have
f ormulated a plan for financing of the costs of the relocation and
reconstruction of said sewers by the State and for reimbursement to
the State by the City, all in accordance with the terms-set forth
on the form of agreement hereto attached, marked Exhibit "A" and by
this reference made a part hereof; and
WHEREAS, it is the purpose of the City Council of Tigard to
hereby establish a financial reserve or special sinking account
wherefrom to meet the funding requirements of said agreement
(Exhibit "A") and to provide for the deposit therein of revenge: for
said purposes,
NOW, THEREFORE,
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: That there is hereby established a financ'.al reserve or
sped' i sin
eking fund" for the purpose of accumulating and reserving
funds pursuant to Section 280.100 et seq. Oregon Revised Statutes,
wherewith to meet the funding requirements of the agreement for the
relocation and reconstruction of sewer service iaaiiities by the
Oregon_State Highway Department as set forth on the attached Exhibit
.; "A", by reference made a part hereof, the said fund to be known as
"OREGON STATE HIGHWAY SEWER RELOCATIQN SINKING FUND".
section 2: That there is hereby required to be deposited in said
"Sinking Fund" from sewer connection and sewer service
charge budgeted revenues of the City each month beginning with the
month of July, 1966, a sum estimated to be 1/120 of the total
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estimated cost of the sewer relocation and reconstruction under the
r terms of said agreement (Exhibit "A"), for the time being, until the
actual cost thereof becomes available, and effective with the month
following the availability of said actual cost, said deposits from
said source shall be equal each month to 11120 of said actual cost;
that the deposits by this Ordinance required to made into said "Sink-
ing Fund" shall have priority as against all other purposes and uses
for which said revenues may have been heretofore or hereafter dedi-
cated, SAVE AND EXCEPT sewer revenue bonds heretofore issued by the
City and outstanding on the date of passage of this Ordinance.
Section 3: That the said proposed agreement as hereto attached and
by this reference made a part hereof, is hereby adopted,
and the Mayor and Recorder of the City of Tigard be, and each of them
is hereby authorized and directed to execute the same for and on be-
half of the City of Tigard in their respective official capacities,
and u_oon execution of said agreement for and on behalf of the Oregon
State Eighway Commission, said agreement shall be and become binding
in all respectu insofar as the City of Tigard is concerned.
Section 4: That there shall be disbursed from said "Sinking Fund"
on the first day of AuguEt each year beginning with the
year 1967, and for nine (9) years subsequent thereto; to the State
of. Oregon through its Highway Commission, such sum as necessary to
conform to the requirements of Exhibit "A".
Section 5: That nothing herein contained shall be construed as a.
waiver or relinquishment by the City of Tigard of the
right reserved in Paragraph 2 of the General Provisions of Exhibit "A"
for the City to have determined its liability to make the payments
therein provided.
Section 6: Inasmuch as it is necessary to protect the health, peace
and safety of the people of the City of Tigard that pro-
vision be made for continuance of sewer service to that portion of
the City to which sewer service would otherwise be impaired or dis
continued unless said relocation and reconstruction be undertaken
promptly, an emergency is hereby declared to exist, and this Ordinance
shall become effective upon its passage by the City Counbil and
approval by the Mayor.
PASSED: By unanimous vote of all Council members present, after
being read three times by title only
this 27th day of June, 1966,
1a--
Rvcw d r City of Tigard
APPROVED: By the Mayor, this 27th day of June, 1966.
— and 1
Mayor Ci g
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A G R E E M E N T
THIS AGREEMENT, made and entered into by and between the STATE OF OREGON,
( by and through its State Highway Commission, hereinafter called "State", and CITY
\ OF TIGARD, a municipal corporation, acting by and through its city officials, here-
inafter called "City";
W I T N E S S E T H:
RECITALS:
WHEREAS, State proposes to construct the Pacific Highway West-South Tigard
Interchange Section of the Beaverton-Tigard Highway, Secondary State Highway No. 144,
in Washington County; and
WHEREAS, in the construction of said highway it will be necessary to re-
construct certain sewer facilities of City located within the existing right of way
of Pacific Highway West, Primary State Highway No. 1W; and
WHEREAS, City and State wish to enter into an agreement for the purpose of
relocating City's sewer facilities as shown on the Oregon State Highway Department
sketch attached hereto marked Exhibit "A", and by this reference made a part hereof.
Hereinafter all actions necessary to accomplish the propabed adjustment of the con-
flicting sewer facilities shall be referred to as "project"; and
JHEREAS, City does not have funds available with which to pay for the necessary
adjustment of its facilities which conflict with the construction requirements of said
project; City has submitted a plan for payment to be made by City to State in equal
annual installments for a ten (10) year period. In the first instance, State will pay
the contractor for the adjustment of City's facilities, as a part of the general
contract; and
WHEREAS, State is agreeable to the suggested plan for performing and finan-
cing the sewer facilities adjustment;
NOW, THEREFORE, the premises being in general as stated in the foregoing
RECITALS, it is agreed by and between the parties hereto as follows:
THINGS TO BE DONE BY STATE:
1. State approves said Exhibit "A", THINGS TO BE DONE BY CITY and GENERAL
PROVISIONS hereof.
2. State shall prepare all plans, let and award all contracts and supervise
the construction of said project.
3. State shall aubmit to City for its approval, completed construction
plans relating to City's facilities at such time as they become available.
4. State shall advise City of State's contractor's bid for the relocation
of City's facilities.
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6-13-66
5. State shall, in the first instance, pay the cost of said project.
City shall repay State said cost as provided under paragraph 5 of THINGS TO BE
DONE BY CITY.
THINGS TO BE DONE BY CITY:
1. City shall notify State in writing of its approval of the contractor's
bid price for the relocation of the city sewer line, as provided in this agreement
prior to State authorizing the contractor to proceed.
2. City shall provide all right of way required on which to construct
said project which lies outside of right of way now owned by State.
3. City shall assist in the preparation of plans and specifications for
the relocation of City's conflicting facilities when requested by State and shall
supply such engineering data as may be required by State to complete a satisfactory
design.
4. City shall furnish an Inspector for all work performed by State's con-
tractor in adjusting City's facilities.
5. City shall reimburse State the actual total cost incurred by State in
the construction of said project.
6. Upon completion of the project, all maintenance and operation of City's
relocated sewer facilities shall be performed by and at the sole cost of City.
7. On August 1, 1967, and for nine (9) years subsequent thereto, City
shall pay to State oue-tenth of amount resulting from the provisions of paragraph
5 above, without interest.
GENERAL PROVISIONS,
1. It is agreed that all work performed by State with respect to the
relocation of City's facilities sball be completed to tLe satisfaction of City.
2. City by signing this agreement does not waive its right to bring a
declaratory judgment in a court of competent jurisdiction to determine the liability
of the parties hereto for the cost of relocating the sewer facilities concerned in
this agreement, except that all cost in excess of the most economical adjustment
which could be made by State shall be deemed a benefit to City and shall not be
subject to such litigation.
3. City shall adopt such ordinances or resolutions as the case may Le
and do all other lawful acts necessary to authorize the mayor and recorder to sign
this agreement on behalf of City and shall attached a copy of such ordinance or
resolution or such other Lawful action as may he necessary to this agreement, which
Agreement
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shall become a part hereof. Prior to signing this agreement, City shall also
adopt such ordinances or resolutions as the case may be, and do all other Lawful
acts necessary to establish a fund from which the amount due State under this
agreement shall be paid, so as to remove said amount due under this agreement from
any and all debt limitations that may be provided by the City Charter for indebted-
ness.
IN WITNESS WHEREOF, the parties herato have subscribed their names and
affixed their seals as of the day and ;year hereinafter written.
This agreement was approved by the Oregon State Highway Commission on
, 1966, at which time the Secretary for the Commission
was authorized and directed to sign said agreement for and on behalf of the
Commission. Said authority is set forth in Volume . Page - -,
Minute Book of the Oregon State Highway Commission.
Fioyd Quzry, Secretary
APPROVED:
Assistant State Highway Engineer
APPROVED AS TO FORM:
Chief Counsel
CITY OF TIGARD, by and through its
city officials
By ys/ Elui n G Kyl e
Mayor
By /s/plonnie S. Andrew
Recorder
ATTEST:
Agreement '
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