Ordinance No. 69-60 f
1
CITY OF TIGARD, OREGON
ORDINANCE NO. 69- GC'
AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTION OF THE 4
CITY COUNCIL OF JUNE 23, 1969 WITH RESPECT TO 1198th AVENUE SEWER
IMPROVE NT DISTRICT-";,APPROVING, RATIFYING AND , ;
FICATIU STIMATES FOR CONSTRIMION OF SANITARY SEWER
SYSTEM: DECLARING RESULTS OF HEARING HELD WITH RESPECW THERETO:
DIRECTING SOLICRTION (IF 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 qnd effect as if set forth herein in full,
by the terms of which 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 hereof against the property within the boundaries spec-
ially Ktenefitad; and
r
WHEREAS, by the terms of said resolution a hearing was duly
called to be held in the Tigard Community Center at 8845 S.W. Commer-
cial Street in Tigard, Oregon on July 14, 1969 at the hour of 8:00 p.m. �
for tho purpose of affording an opportunity to any parties aggrieved by
the proposal to make objections of remonstrances to the proposed improve-
ment; and
WHEREAS, pursuant to said resolution, due and legal notice
of sdid hearing was given by publication in the Tigard Times for three
{3} consecutive publishings 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 peksons appeared and were heard; and
WHEREAS, by the termF of said resolution and publication,
written objections of remonstrances from not less than 66-2/3% of
the ovmers of prope.,ty within the boundaries of said area werer
Invited, and all objections and remonstrances as thus presented prior
to and at the hearing represent less than 66-2/3% 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 making of said improvements; a,
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, f
s
NOW, THEREFORE, ,
THE CIM Of' TIGARD ORDAINS AS FOLLOWS:
Section 1: That all matters sot forth in the resolution of the City
Council of the City of Tigard, Oregon of June 23, 1969
herein made s part hereof to the same legal force and effect-as it-
set
tset forth herein in full, be, and the same are hereby approved,
ratified and confird, and the boundaries of the area known as
"98th AVENUE SEWER IMPROVEMENT DISTRICT" as heretofore described
in said resolution, be, and the same are hereby, declared and fixed
s
Page 1 ORDINANCE NO. 69-Co
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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 "98th AVENUE
SEWER IMPROVEMENT DISTRICT" in conformity in all reasonable partic- `
ulars with the plans and specific.ttions by said revolution adopted
and hereby ratified and confirvadsi
Sections Thot the City Administrator and the City ineer be,
and they are hereby, directed immediately Engto invite
proposals for the construction of said improvements by publication
i.i the Tigard Times in not less than two consecutive issues, the
first ppublication to be not less t''dn ten (10) days prior to August ,±
1969-at the hour of 8%00 p.m., which date anis time is hereby
designated for the opening of bids in the Council Chambers of the
City Ran, 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 4- day of July, 1969.
1T6-c--oWe—r---V1VyoTlffM
APPROVED: By the Mayor, 'this L�L day of July, 1969.
mayor _ r_ or Tigard
,Page 2 ORDINANCE NO. 69-4 c+
a�
EXHIBIT
RESOLUTION Of THE CITY COUNCIL OF TICAAO, OREGON, DECLARING IN-
PBNr'ON TO CONIMRUCT A SANITARY TRUNK SEWER IN AN AREA DETERMINED
TO 8$ A SEWER IlWROVE!lM ASSBSSM88TP DIST5tICT TO Ba KNOWN AS 98th
AVENUE SZWER INPROVEMERT DISTRICT PROVIDING FOR THE ASSESSt+ Nr OF
THE TOTAL COSTS AGAINST ALL LANDS IN TIM DISTRICT AS BEING SPECIALLX
BENEFITED AND SETTING A HEARING AR PASSED BY THE CITY COUNCIL OF
TIGAARD, OREGON, AT ITS REGULAR MEETING OF JUNE 23, 1969
RESOLUTION 69-8 �
WHEREAS, the City Cou, scil proposes to delineate a sewer
i:aprovswent assezament district for the purpose of constructingp,
sewer trunk line to service the hereinafter described lands within
an aM to be known as the 99th Avenue Sewer Improvement District,
and
%MZREAS, 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 whi-.h each of such lots, parts of lots
and parcels of lands shall pay on account of the benefits to be
derived', and
MiEREAS, the City Council finds that such plans, specifications
and estimates are satisfactory,
NOW, THEREFORE, BE 1T RESOLVED by the Council of the City of
Tigard as follows:
(iv) That the City Council does dee it expedient and
necessary and sloes hereby declare its intention to construct a {
sasit" sewer system for the purpose of prariding sewer service
to the area within and without the City of Tigard as described on {
the attached sheet :larked *Exhibit Am and by reference made a part
hereof.
(b) Tkat all lands situated within the boundaries described
on the attached 'Exhibit A" are determined and declared to be a
awar i2lProvemsnt assesa nt 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
estimated cost of said $39,000 for:.zaid,improvsment, $36,000 of whichshall be assessed in full.
(c) That the total probable cost of said improvements including
engir.oering, right-of-way, superintendence, advertising, and legal '
expense is the sums of $39,000, and of said total sum, $5,000 shall be
Paid by the City, and the sum of $34,000 by the property owners and �
that said sues are based upon a reasonable relationship between the
benefits derived by the properties especially assessed and the benefits
derived by the City as a whole
a .
(d) That the plans, specifications and estimates. with respect
tf* tha sever 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.
t *
a • ,
(e) That Monday, the 14th day of July 1969 at the hour
of 3:o0 p.M. and the Tigard Community Center, 8845 sW Commercial
street in Tigard, Oregon, be, and the same are hereby, set as the
time and place for hearing and. considering objections or remonstrances
to the proposed improvement by any parties aggrieved thereby.
(f) That the City recorder be, and she is hereby, directed
to give notice by causing to have this resolution published in the
Tigard Times, issues of June 27, July 3
9.
(g) Within ten days from the date of the first publication
of the notice of this resolution, the owners of 66 and 2/33 or
More area of the property within the boundaries described on
"Exhibit A" hereto attached, may make and file with the City Clerk
a written objection or remonstrance against the proposed improvement.
I
Dated at Tigard, Oregon this 2 3 = day of June, 1969.
mayor C y ® 1 r
_ATTESTS
C ty r„car er - w t o T gar �h
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Ax
RESOLUTION No. 69-�
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[V
EXHIBIT "A"
98th Avenue Dewer Improvement
Those portions of land located in Section 35, Township 1 South,
Range 1 West, Willamette Meridian, and in Section 2, Township 2 South,
Range 1 West, Willamette Meridian, Washington County, Oregon; more
particularly described as follows:
j Beginning at the southeast corner of Lot No. 1 of Greenburg
Heights Addition, a subdivision of recoru in Washington County Deed
Records, said corner also being the Southwest corner of Lot ND. 8
of Boetchers Addition, a subdivision of record in said County Records;
running thence Northerly 1054.2 feet, mora or less, along the Easterly
line of the said Greenburg Heights Addition and an extension thereof,
to the Northeast corner of Lot No. 3 of Greenburg Heights, a subdivision
of record in said County Records; thence South 890 58' West 159.19 feet
to a point on the North line of the said Lot No. 3, said point also
being the Southeast corner of that tract of land deeded to Borghild
11. Strom as recorded in Book 450, Page 195, Deed Records, Washington
County, Oregon; thence, Northerly along the Easterly property line
of the said Strom tract, to a point of intersection with the southerly
right-of-way boundary .line of S.W. Greenburg Road; thence, running
Northwesterly along the said boundary line of Greenberg Road, to a
point of intersection with the westerly right-of-way boundary line
of S.W. 98th Avenue, thence, continuing along the said Greenburg
Road boundary line a distance of 113.57 feet, more or less, to the
most :northerly northwest corner of that tract of land deeded to
Harold K. 6 Alma D. Hadley as recorded in Book 341, Page 309, Deed
Records, Washington County, Oregon; thence, running Southwesterly
along the most northerly westerly property line, of the said Hadley
tract, and a Southwesterly extension thereof, to a point of inter-
section with the Northerly property line of that tract of land deeded
to Harold and Margrette Hanna as recorded in Hook 482, Page 227,
Dead Records, Washington County, Oregon; thence southerly, parallel
with the said westerly boundary line of S.W. 96th Avenue, to a point
of intersection with the Northerly right-of-way boundary line of
the Southern Pacific Railroad; thence, Southeasterly along the said
Railroad boundary line to the Northerly extension of the West line of
Lot 59 of the Amended Plat of North T igardville Addition, a subdivision
of record in Washington County; thence, South 160 12' West to the
Southwest corner of said Lot No. 59, said Southwest c.^rner being a
point in the center of Fanno Creek; thence, Easterly and downstream
in the center of the said creek and an extension thereof, to a point
of intetsection with the centerline of County Road No. 1496 (S.W.
Grant Avenue) ; thence, Northeasterly along the centerline of the said
.County Road, to a point of intersection with a Northwesterly extension
of the most Southwesterly property line of that tract of'land deeded
to John H. n Hazel Johansan as recorded in Book 42, Page 692,
Deed z<ecorls, county, re n: _r er;r�, .uuc:; "A," 5!- hast
a distance ,�f : 1.:. 5 feet, more ^r :ess, to :e Most ''nut?,er1y corner
of the said Johanson tract of land; thence, running Northeasterly
along tha most Southeasterly property line of the said Johanson tract
and extension tnereof, to a point of intersection with the said
Northerly right-of-way boundary line of the said Railroad; thence,
Northwesterly along the said Railroad boundary line, to a point of
intersection with the Westerly right-of-way boundary line of County
)toad No. 1447 (S. W. 95th Avenue); thence, continuing Northwesterly
along the said Railroad boundary line a distance of 200 feet, to a point
on the said Railroad boundary line; thence Northeasterly, and parallel
with the said County Road No. 1447, to a point on the South line of
1 the John L. Hicklin Donation land claim No. 54; thence, Westerly along
the said Donation Land Claim line, to the point of beginning of this
description. Excluding those lands which lie within Railroad right-of-
way boundaries and within Public Roadways.
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