Ordinance No. 69-57 CITY OF TIGARD, OREGON
ORDINANCE NO. 69- 5'7
AN ORDINANCE CONFIRMING ANI. F""7FYING THE RESOLUTION OF THE
CITY COUNCIL OF JUNE 23, 1969 WITH RESPr '1'0 "LERON HEIGHTS SEWER_
IMPROVEMENT DISTRICT"; APPROVING, RATIFYING AND ADOPTING PLANS,
SPECIFICATIONS AND ESTIMATES FOR CONSTRUCTION OF SANITARY SEWER
SYSTEM: DECLARING RESULTS OF HEARING HELD WITH RESPECT THE;IETO:
DIRECTING SOLICATION OF BIDS FOR CONSTRUCTION: PROVIDING FOR THE
MAKING OF SAID IMPROVEMENTS, AND DECLARING AN EMERGENCY.
WHEREAS, a resolution was duly passed by the City Council of
the City of Tigard at its regular meeting of June 23, 1969, a copy
whereof is hereto attached and by this reference made a part hereof
to the same legal force and effect as if set forth herein in full,
by the terms of ohich the boundaries of a proposed sewer improve-
ment assessment district were described, and the Council declared
its intention to construct a sanitary sewer system and to assess
the costs thereof against the property within the boundaries spec-
ially benefited; and
WHEREAS, by the terms of said resolution a hearing was duly
called to be held in the Tigard Community Center at V345 S. W. Commer-
cial Street in Tigard, Oregon on July 14, 1969 at tl.- hour of 8:00 p.m.
for the purpose of affording an opportunity to any parties aggrieved by
the proposal to make objections or remonstrances to the proposed improve-
ment; and
WHEREAS, pursuant to said resolution, due and legal notice
of said hearing was given by publication in the Tigard Times for three
(3): consecutive publ.ishings on June 27, July 4, and July 11, 1969 prior
to said hearing; and
WHEREAS, said hearing was duly and regularly called to order
and held in the Tigard Community Center at 8845 S. W. Commercial Street
in Tigard, Oregon on July 14, 1969 at the hour of 8:00 p.m., whereat
certain persons appeared and were heard; and
I
WHEREAS, by the terms of said resolution and publication
written objections or remonstrances from not less than 66-2/38 of
the owners of property within the boundaries of said area were
invited, and all objections and remonstrances as thus presented prior
to and at the hearing represent less than 66-2/38 of the owners of this
property in the area within the improvement assessessment district and
that the percentage of remonstrances is not a ban to further proceedings
in the .ng of said improvements;
WHEREAS, all proceedings to date have been in conformity with-
223.387 and 223.359 Oregon Revised Statutes and Ordinance 62-6 of the
City of Tigard, and all procedures were regularly and lawfully conducted,
NOW, THEREFORE,
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: That all matters set forth in the resolution of the City
Council of the City of Tigard, Oregon on June 23, 1969
a copy whereof is hereto attached marked Exhibit "A" and by reference
herein made a part hereof to the same legal force and effect as if
set forth herein in full, be, and the same are hereby approved,
ratified and confirmed, and the boundaries of the area known as
"LERON HEIGHTS SEWER IMPROVEMENT DISTRICT" as heretofore described
in said resolution, be, and the same are hereby, declared and fixed
E
Page 1 - ORDINANCE No. 69 -,ir)
in accordance with said description.
Section 2: That the City Council of the City of Tigard, having
acquired jurisdiction to order the improvement to be
made, does hereby authorize and direct the construction of a sani-
tary trunk sewer line within the boundaries of said 01L1ERON HEIGHTS
SEWER IMPROVEMENT DISTRICT" in conformity in all reasonable partic-
ulars with the plans and specifications by said resolution adopted
and hereby ratified and confirmed.
Section 3: That the City Administrator and the City Engineer be,
and they are hereby, directed immediately to invite
proposals for the construction of said improvements by publication
in the Tigard Mmes in not less than two consectitive issues, the
first publication to be not less than ten (10) days prior to August
1969 at the hour of 8:00 p.m., which date and time is hereby
designated for the opening of bids in the Council Chambers of the
City Hak-l-, all proposals to be then and there publicly read.
Section 4: That inasmuch as it is necessary for the peace, health,
and safety of the people of the City of Tigard that the
said improvements be constructed with the least possible delay, an
emergency is hereby declared to exist, and this ordinance shall
become effective upon its passage by the Council and signature by
the Mayor.
PASSED: By the council, by unanimous vote of all Council members
present, after being read three times and number and
title only, this i,/ day of July, 1969.
order city of -9
APPROVED: By the Mayor, this .,y day of July, 1969.
Mayor city o Ti r
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Page 2 - ORDINANCE No. 69 -s7
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EXHIBIT "Aa
RESOLUTION OF THE CITY COUNCIL OF TIGARD, OREGON, DECLARING IN-
TENTION TO CONSTRUCT A SANITPnv TRUNK SEWER IN AN AREA DETERMINED
TO BE A SEWER IMPROVEMENT ASSESSMENT DISTRICT TO BE KNOWN AS LERON
HEIGHTS SEWER IMPROVEMENT DISTRICT PROVIDING FOR THE ASSESSMENT OF
THE TOTAL COSTS AGAINST ALL LANDS IN THE DISTRICT AS BEING SPECIALLY
BENEFITED AND SETTING A FEARING AS PASSED BY THE CITY COUNCIL OF
TIGGARD. OREGON, AT ITS REGULAR MEETING OF JUNE 23, 1969
RES01UTIONT 69-11
WHEREAS, the City Council proposes to delineate a sewer
improvement assessment district for the purpose of constructing a
sewer trunk line to service the hereinafter described lands within
an area to be known as the Leron Heights Sewer Improvement District,
and
WHEREAS, pursuant to Ordinance 62-6 the City Council finds
it expedient and necessary to order the improvement of the herein-
'after described lands by the construction of sewer trunk facilities
and pursuant thereto the City Engineer has submitted to the Council
plans, specifications, and estimates for the work to be done and
® the probable costs thereof together with a statement of the lots,
parts of lots and parcels of land to be benefited, and the total
cost of the improvements which each of such lots, parts of lots and
parcels of lards shall pay on acccunt of the benefits to be derived,
and
WHEREAS, the City Council finds that such plans, specifica-
tions and estimates are satisfactory,
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Tigard as_follows,
(a) That the City Council does deem it expedient and neces-
sary and do3s hereby declare its intention to construct a sanitary
sewer system for the purpose of providing sewer service to the area
within; and without the City of Tigard as described on the attached
sheet marked "Exhibit A" and by reference made a part hereof.
(b) That all lands situated within the boundaries described
on the attached "Exhibit A" are determined and declared to be a
sewer improvement assessment district and it is further declared
that each lot, part of lots, and parcel of land within said boundaries
will be specially benefited by the said improvement and the total
cost of said improvement shall be assessed one hundred percent against
all lands within said district.
(c) That the total probable cost of said improvement inclu-
ding engineering, right of way, superintendance, advertising and
legal expense to be assessed against said lands within said district
is the sum of $21,000.00.
(d) That the plans, specifications and estimates with re-
spect to the sewer improvement as submitted by the City's Engineers
be, and the same are hereby, adopted and ordered to be maintained on
file by the City Recorder for public inspection.
jL (e) That Monday, the 14th day of July, 1969, at the hour of
8:00 P.M. and the Tigard Community Center at 8845 S.W. Commercial
Street in Tigard, Oregon, be, and the same are hereby, set as the
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timre and place for heariaq and cowaiowirig objections or r n-
strances to the Proposed I►prOvevmnt by amt Parties eggrieved
thereby.
(f) That the rity Recorder,;be., amd, she is hereby, directed
to give notice by causing to have this-vOwlution published in the
Tigard TimsO, issues of June,27. Julyr 4 sued 11, 1969.
(q) within tan days from;t ser Batu of than ffrat publication
of the notice of this solation; the WAMS of 66 and 2/3 % or
wore in area of the proerty within the boundaries described on
m3xbibit A" hereto attaahed, may make, and file with-they City Clerk
a written objections or kamm ustrame against the proposed imMovasent. j
!Dated at Tigard, Oregon this ,��r'" day of JUne• 1969.
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"EXHIBIT A"
LERON HEIGHTS SFUER EXTENSION
Those portions of land in Section 3, Township 2 South, Range 1 West,
.` Willamette Meridian, and in Section 34, Township 1 South, Range 1
West, Willamette Meridian, Washington county, Oregon, more particu-
larly described as follows:
Beginning at the initial point of Leron Heightu No. 2, a
suiddivisiofl of 6ecord in Washington County Deed Records; running
thence North 89 15' West, 145.53 feet, to the Northwest corner of
Lot No. 40 of said subdivision; thence North 61007145" East, 56.69
feet, across S.W. 116th Avenue, to the Westerly right-of-way boun-
dary line of the said 116th Avenue; thence Southerly 365.0 feet more
or less, along the said road boundary line, to the Northeast corner
of Lot No. 35 of said subdivision; thence North 87°24" West 635.0
feet more or less, to a point on the centerline of a public roadway
(S.W. 119th Street); thence South 00°45' West 134.25 feet along the
said 119th Street centerline, to the point of intersection with the
centerline. of S.W. Lynn Street; thence Westerly along said Lynn
Street centerline to a point of intersection with the Northerly ex-
tension of the Westerly line of Lot No. 27 of said subdivision;
1® Southerly along the said Westerly Lot line and extension
tat G±.4� - thence North
thereof, to the Southwest corner of. said Lot No. 27;
87024' West 24.0 feet more or less, to the Northwest corner of Lot
No. 12 0£ Leron Heights, a subdivision of record in F'ashington County
Deed Records; thence South 01°12' West 138.03 feet, to the Southwest
corner of said Lot No. 12; thence, continuing South 01012' West along
an extension of the Westerly line of said Lot No. 12, to a point of
intersection with the centerline of S.W. Ann Street; thence South 850
00" East along the centerline of said S.W. Ann Street and an Easterly
extension thereof, to a point of intersection with the Southerly ex-
tension of the centerline of S.W. 116th Avenue; thence Northerly along
the centerline of said 116th Avenue and extension thereof, to a point
of intersection with the W:sterly extension of the Southerly line of
Lot No. 20 of said Leron Heights subdivision; thence South B8 21'East
171.1.0 feet more or less, along the said Southerly Lot line and ex-
tension thereof, to the Southeast corner of said Lot No. 20; thence
South 89°07' East a distance of 200 feet to a point; thence North
oO 53' East 250 feet more or less �o the West lire of the John L.
Hicklin D.L.C.#37; thence North 24 15' West along said D.L.c.#37 to
the North l/4 section corner oil the Easterly boundary of heron Heights
No. N thence North 00040' East a distance of 73.68 feet to the point
of beginning. Excepting there from all portions lying within Public
Roadways.
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