Ordinance No. 74-31 CITY OF TIGARD, OREGON
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ORDINANCE NO. 74
AN ORDI'PiXh ACCEPTING THE PROPOSAL AND 0Y1,`ZH OF THE' BOARD
OP GY IA HINGTU J COU-dT'Y, ORI GON, BOH THE' L'iA,aSF 3 OF
JL,..ISUIC` IO,d TO THE CITY T I OT CEnTALl CODUTY ROADS OR t,' US THEREOF
WITHIN THE CITY BOUNDARIES AS DESCRIBED 0 CO MUSSIaMRS R.:SOLU`I'I01d
AND ORDER, :10.74-96; pI ESCRIAIe1G AN EFFECTIn DAM AAD oECLARING
A i h1.1ERUEhCY.
ThIEHEAS, by Resolution any jruer ::y t::u
_;oard of County Commissioners on the 21st day of bay, 1974, Wash-
inZton County, Oregon, offered to surrender jurisdiction to the
City of Tigard as 'provided by ORS 373.270 of certain County roads,
or party thereof, lyinU within the boundaries of the City of
TiCard as more fully described in said Resolution and Order Ao.
AN, and as described on the attached xiiib5_t 'ii` uy this refer-
ence made a part hereof; and
WHEREAS, it appears from the said Resolution and Order No. j
74-96 that prion to the adoption of said Resolution and Order No.
74-96, due and legal notice was given of a tir.,ie and place for public
hearing of said proposal and that a public hearing was regularly
held by the Board of Count✓ Cohnissionero with respect to said
proposal on the 21st day of May, 1974, and that thereafter the
Board of Commissioners determined that it is necessary, expedient �
and for the: best interests of the County to surrender jurisdiction
over said County roads, or portions thereof, to the City, all As t
provided by Section 373.270 ORS,
iU:^I, `I'Ilr�rsi�OP,i, iHZ CI'T'Y OF ` IGARD ORD .I::,iS AS FOLLf's,iS:
' section l: The Council finds that it is necessary, expedient and
for the best interests of the people of the City of
Tigard to accept the transfer of jurisdiction over roads, or per-
tions
er tions thereof, as described in Resolution and Order 110.711-96 of the
Board of Commissioners of Washington County, Oregon, adopted on
May 21, 1974, and as further described on the attached Exhibit A",
and by this reference made a part hereof.
Section 2: 'that pursuant to Section 373.270 (.4) and (5) ORS, the
City of Tigard does hereby accept the transfer of juris-
diction of those roads, or portions thereof, described on the
attaclhcd Exhibit "A", and effective with the effective date of this
Ordinance, the jurisdiction of :Washington County over such roads,
or portions thereof, shall cease and determine and the full and ab-
solute jurisdiction over the same for all purposes of repair,
construction, improvement, levyinrS and collecting; of assessments
therefor shall vest in the City of Tigard, and the same shall be
for all purposes considered public streets of the City.
Section 3: That a certified copy of this Ordinance shall be for-
warded forthwith by the City Recorder to the Board of
Commissioners of Washington County, Oregon, and a copy thereof
placed in the permanent road records of the City of Tigard to
_thereby record in perpetuity the jurisdiction of the City of
Tigard with respect to the said roads, or parts thereof, as des-
cribed on the attached Exhibit "A"
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Section 4. Inasmuch as it is necessary for the peace, health and
safety of the people of the City of Tigard, that the
jurisdiction of said roads, or portions thereof, be made a matter
of immediate record, and to enable the City to exercise such juris-
diction in all respects, an eirergency is hereby declared to exist
and this Ordinance shall become effective upon its passage by the
Council and approval by the Mayor.
PASSED: By the Council, by unanimous vote of all Council
members present, after being read three times by
number and title only, this_/0 day of
1974.
Recorder - City o Tiga,
APPROVED: By the Mayor, this iJ day of—I.L.-I 1974.
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h ayor -may of Gard
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' 8X131 BIT "A"
Washington County Roads accepted by the City of Tigard as Public
Streets of the City, namely
All of the hereinbelow listed County Roads, orP arts thereof,
j in Section 1, Township 2 South, Range I West, Willamette Meridian,
Washington County, Oregon, being more particularly described as
follows:
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1. County Road No. 1902 (S.W. Varns Street and S.W. 76th Avenue) .
All of County Road No. 1902.
j` 2e County Road No. 2071 (S.W. Varns Street, S.W. Fir Street,
and S.W. Cherry Street). All of County Road No. 201.
3. County Road No. 1286 (S.W. Varns Street) . All of County
Road No. 1286 less that portion transferred to the City
of Tigard which proceedings are filed in County Road
Packet No. 2155. ,.
4. County Road No. 245 (S.W. Hunziker Street) . All that portion
of County Road No. 245 lying between County Road No. 472 k
(S.W. 72nd Avenue) and that portion of County Road No. 245
transferred to the City of Tigard which proceedings are F`
filed in County Road Packet No. 2155.
ALSO, including therewith, all the hereinbelow listed County Roads }
or parts thereof, in Section 2, 3, and 10, Township 2 South, Range
1 West, Willamette Meridian, Washington County, Oregon, being more
particularly described as follows:
5. County Road No. 1320 (S.W. Park Street). All of County
Road No. 1320
6. County Road No. 1804 (S.W. Derry Dell Court) . All of
County Road No. 1804.
7. County Road No. 1788 ( ..W. Watkins Avenue and S.W. Cook Lane) .
All of County Road No. 1788.
8. County Road No. 1872.. (S.W. Watkins Avenue) . All of County
Road No. 1872.
{; 9. County Road No. 1764 (S.W. Watkins Avenue) . All of County
Road No. 1764.
£; . 10. County Road No. 1935 (S.W. Watkins Avenue). All of County
x" Road No. 1935 less that portion transferred to the City of
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Tigard which proceedings are filed in County Road Packet No.
' 2155.
il. County Road No. 358 (S.W. Gaarde Street). All that portion of
County_Road No. 358 lying east of the east line of Cole's Acres,
a duly recorded plat in Washington County, Oregon.
LESS, those portions of the aforementioned roadways which lie within
and/or under jurisdiction of the Oregon State Highway Department.
Ordinance No., 74-31
g.
IN THE BOARD OF COUNTY COMMISSIONERS 24 79,
FOR WASHINGTON COUNTY, OREGON104,
In the Matter of Surrender of Jurisdiction)
RESOLUTION AND ORDER
of Certain County Roads Lying Within the )
Corporate Limits of Tigard, Oregon, to the) NO. Zy_ C//
City of Tigard, Oregon. ) "'
This matter having been considered by the Board of County Commissioners at its
regular meeting of May 21, 1974; and
I
It appearing to the Board that the City of Tigard, Oregon, has requested of this
I
Board, the surrender of jurisdiction, of certain County Roads lying within the corporate
limits of the City of Tigard, said roads being now under the jurisdiction of Washington
County, Oregon; and
It appearing to the Board that said roads lie within the boundaries of the City
of Tigard and that jurisdiction over and across said roads should be properly transferred
to the City of Tigard; and
It appearing to the Board that by its Resolution and Order No. 74-70, dated the
16th day of April, 1974, it duly required the setting of a time and place for public
hearing of said request and required that notice of said hearing be posted pursuant to
law, and
It appearing to the Board that in accordance with said Resolution and Order,
notice was duly given and a public hearing was had on this matter on the 21st day of
May, 1974, at the hour of 7:30 o'clock p.m. , in Room 40z of the Washington County
Administration Building, Hillsboro, Oregon; and
It appearing to the Board that this Board, at said meeting of May 21, 1974,
held a hearing on this matter and provided an opportunity for any person to present
ob,aa.ctions or testimony concerning a proposed surrender of jurisdiction, and the Board
having considered this matter found that the best interests of Washington County would
be served by granting said request for surrender of jurisdiction the Board hereby
FINDS and DETERMINES that it is necessary, expediant and in the best interest
of Washington County to surrender jurisdiction to the City of Tigard, Oregon, the
following portions of county roads lying within the corporate limits of the City of
Tigard and more particularly described as follows:
1. County Road No. 1902 (S.W. Varns Street and S.W. 76th Avenue). All of
County Road No. 1902.
2. Countv Road No. 2071 (S.W. Varns Street, S.W. Fir Street, and S.W. Cherry
Street). All of County Road No. 2071.
3. County Road No. 1286 (S.W. Varns Street). All of County Road No. 1286
less that portion transferred to the City of Tigard which proceedings are
filed in County Road Packet No. 2155.
4. County Road No. 245 (S.W. Hunziker Street). All that portion of County
Road No. 245 lying between County Road No. 472 (S.W. 72nd Avenue) and that
portion of County Road No. 245 transferred to the City of Tigard which
proceedings are filed in County Road Packet No. 2155.
5. County Road No. 1320 (S.W. Park Street). All of County Road No. 1320.
6. County Road No. 1804 (S.W. Derry Dell Court) . All of County Road No. 1804.
7. County Road No. 1788 (S.W. Watkins Avenue and S.W. Cook Lane) . All of
County Road No. 1788.
8. County Road No. 1872 (S.W. Watkins Avenue). All of County Road No. 1872.
9. _County Road No. 1764 (S.W. Watkins Avenue). All of County Road No. 1764.
10. County Road No. 1935 (S.W. Watkins Avenue). All of County Road No. 1935
less that portion transferred to the City of Tigard which proceedings are
filed in County Road Packet No. 2155.
11. County Road No. 358 (S.W. Caarde Street). All that portion of County Road
No. 358 lying east of the east line of Cole's Acres, a duly recorded plat
in Washington County, Oregon.
Less those portions of the above described county roads lying within and/or
under the jurisdiction of the Oregon State Highway Department.
and it is therefore
RESOLVED AND ORDERED that Washington County does, by this Resolution and Order,
make an offer to the City of Tigard to surrender jurisdiction to said City of certain
county roads as hereinabove described and lying within the corporate limits of said city,
said offer to be accepted or rejected by the City within a reasonable period of time; and
it is further
RESOLVED AND ORDERED that upon the legal adoption of appropriate mu icipel
legislation by the City of Tigard, Oregon, accepting this offer, the jurisdiction of
the County over the portions of said county roads as hereinabove described and respons-
ibility for the maintenance, construction and repair shall cease, and the full and
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absolute jurisdiction over said road for all purposes of repair, construction,
improvement, levy and collection of assessments thereof shall vest in the City of Tigard,
Oregon, and the City shall then have the same control, power and jurisdiction of the
road or portions thereof as are by its Charter and the laws of the State of Oregon given
or granted over any cf the public stteets and alleys of said City; and it is further
uRSOL-VED AND ORDERED that the Clerk of the Board of County Commissioners be,
and hereby is, authorized and directed to record this Resolution and Order in the Records
of this Board and to forward a conformed copy of this Resolution and Order to the City
of Tigard, Oregon, as due notice of the offer of surrender of jurisdiction.
DATED this 21st day of May, 1974.
BOARD OF COUNTY CO ,MISSIONERS
APPROV AS ;T QRM FOR WASHINGTON COUNTY, OREGON
AS A T COUNSEL
F ASI CxION COUNTY, OREo Chairman
C' cz�V'
Rerding Secret y
5 Voies ague
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