Ordinance No. 74-45 I
CITY OF TIGARD, OREGON
ORDINANCE NO. 74-_3f S_
AN ORDINANCE REAFFIRMING ORDINANCE NO. 74-37 AND ALL MATTERS
SET FORTH IN THE RESOLUTION OF THE CITY COUNCIL OF MAY 20, 1974, WITH
RESPECT TO "S.W. MURDOCK STREET SEWER IMPROVEMENT DISTRICT"; DECLARING
RESULTS OF THE BID OPENING HELD WITH RESPECT THERETOi REJECTING SAID
BIDS; DIRECTING RESOLICITATION OF BIDS FOR CONSTRUCTION:, AND DECLARING
AN EMERGENCY,
WHEREAS, a resolution was duly passed by the City Council of
the City of Tigard at its regular meeting of May 20, 1974, 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 which one boundaricn of a PK0P:;5Cd celler irprovement
assessment district were described, and the Council declared its in-
tention to construct a sanitary sewer system and to assess the costs
thereof against the property within the boundaries specially benefited;
and
WHEREAS, by the terms of said resolution a hearing was duly
called to be held in Charles F. Tigard Elementary School at 13137
S.W. Pacific Highway in Tigard, Oregon on June 10th, 197=1i, at the
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 improvement; and
WHEREAS, pursuant to said resolution, due and legal notice
of said hearing was given by publication in the Tigard Times for con-
secutive publishings on May 23, 1974 and May 30, 1974 prior to said
hearing; and
WHEREAS, said hearing was duly and regularly called to order
and held in Charles F. Tigard Elementary School at 13137 S.W. Pacific
Highway in Tigard, Orego. - on June 10th, 1974, at the hour of 8;00 p.m.;
and
WHEREAS, by the terms of said resolution and publication,
written objections or remonstrances from not less than 66-2/3/ 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 66-2/3/ of the owners of the prop-
erty in the area within the improvement assessment district and that
the percentage of remonstrances is not a ban to further proceedings
in the making of said improvements; and
WHNREAS, an ordinance confirming and ratifying said resolution
was enacted by the City Council on the 24th day of June, 1974; and
WHEREAS, said ordinance further directed invitation of proposals
and set the time, date and place of bid opening therefor; and
WHEREAS, but one bid was received and said bid is not deemed
acceptable; and
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:
Page l - ORDINANC.'E No. 74-
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Section is That all matters set forth in the resolution of the
' City council of the City of Tigard. Oregon, on
May 20, 1974, and in Ordinance No. 74-37, copies whereof are hereto
attached marked Exhibit "A" & "B" respectively 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 reaffirmed.
Section 2: That the City Administrator and the City Engineer be,
and they are hereby, directed immediately to reminvite
proposals for the construction of said improvements by publication
in the Daily Journal of Commerce in not less than two consecutive issues,
the first publication to be not less than ten (10) days prior to August
_ 9, 1974, at the hour of 4:00 p.m., which date and time is hereby desig-
nated for the opening of bids in the City of Tigard, Oregon, City Hall,
all proposals to be then and there publicly read.
Section 3: That inasmuch as it !.s 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 by
number and title only, this day of
1974.
Recorder - City o(f TigardV
APPROVED: By the Mayor, this day of ��� , 1974.
1 j /
Mayor -- City Tigard
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Bids were duly orened in the
Office ofcthe Director of Public.
Services and Facilities at 4 :00 P.M. July 13 , 1974
The Following Bid was received.
!:earnny Brothers Construction Co, $2G ,879 .60
10805 S.W. Lower 3oones Ferry !load
Tigard, Oregon, 97223
No Other Bids <..;ere Received.
city Recorder
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CITY OF TIGARD, OREGON
RESOLUTION No. 74-_La_
May 20, 1974
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DECLARING AN INTENTION TO CONSTRUCT CERTAIN SANITARY SEWER IMPROVEMENTS
,IITHIN AN AREA DETERMINED TO BE A SEWER IMPROVEMENT ASSESSMENT DISTRICT,
TO BE KNOWN AS S 'M_ IMPROVEMENT DISTRICT MR FOR S.W._MURDOCK
STREET ; DESCRIBING THE PROBABLE TOTAL COST THEREOF, DEFINING THE
BOUNDARIES OF THE DISTRICT TO BE BENEFITED AND ASSESSED; APPROVING
AND ADOPTING PLANS AND SPECIFICATIONS FOR THE WORK AND ESTIMATES OF
THE CITY'S ENGINEER, AND SETTING PUBLIC HEARING AND DIRECTING THE
GIVING OF NOTICE THEREOF.
WHEREAS, the City Council has accePteu a VeLitI07,, rGgUz=== 9
sanitary sewer improvements and has ordered preparation of a pre-
liminary engineering report pursuant thereto,at the Council's regular
meeting of March 25, 1974, and
WHEREAS, pursuant to Ordinance No. 62-6 the City Council finds
it expedient and necessary to order the improvement of the herein-
below described lands by construction of sanitary sewer facilities
and appurentances thereto, and pursuant thereto the City's Engineer
has submitted to the Council plans, specifications and estimates for
the work to be done and the probable cost thereof together with a
statemext of the lots, parts of lots and parcels of land to be
benefited and the apportionment of the total cost of the improvements
which each of said lots, parts of lots and parcels of land shall be
assessed on account of the benefits derived; and
WHEREAS, the Council finds that said plans, specifications and
estimates are satisfactory.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF TIGARD as follows:
(a) That the City Council does hereby deem it expedient and
necessary, and does hereby declare its intention to improve the
aforesaid portion of S.W. Murdock Street by construction of sanitary
sewer facilities and appurtenances thereto.
(b) That all lands situated within the boundaries described
on the attached *MMIBIT A" are determined and declared to be a
sanitary sewer improvement assessment district, to be known as "S.W.
Murdock Street Improvement District", and it is further declared that
each lot, part of lot and parcel of land within said boundaries will
be especially benefited by said improvements, and that the total
estimated cost of 516,916.97 for said improvements, shall be assessed
in full, on a equal share per lot basis, against all lands within
said improvement district.
(c) That the plans, specifications and estimates with respect
to the saver improvements 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.
(d) That Monday, the 10th day of June, 1974, at the hour of
9:00 P.M., at Charles F. Tigard Grade School, 13137 S.W. Pacific
Highway, in Tigard, Oregon, be, and the same axle hereby set as the
time and place for hearing and considering objections or remonstrances
to the proposed improvement by any parties aggrieved thereby.
Resolution No. 74-.2
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(e) That the city Recorder be, and she is hereby, directed to
give notice by causing to have this resolution published in the 2974
Tigard Times, issues of May 29
and .�`1av 34. -14.
(f) within ten days from the date of the first publication of
the notice of this resolution of the owners of 66 2/3% or more in
area of the ,property within the boundaries described on "MMISIT A"
hereto attached, may make and file with the city Recorder a written
objection or remonstrance against the proposed improvements.
Dated at Tigard, Oregon this _a�!, day of � Al 1974.
day - city of Tigard
ATTEST:
c ty Recorder' Cit I Y of Tigard
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EM BIT "A"
That portion of land in Section 11, Township 2 South, Range 1
West, Willamette Meridian, Washington County, Oregon, being
more particularly described as follows%
Lot(s) 19,20,21,22,23, 24, and 25 of DARMEL ;PLAT 3, a
subdivision of record in said County.
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CITY OF TIGARD, OREGON
ORDINANCE NO. 74-.4
AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTION OF
THE CITY COUNCIL OF MAY 20, 1974, WITH RESPECT TO "S.74L
S T S NT DIS "; APPROVING, RATIN`2 PT-
INATES FOR CONSTRUCTION OF SANITARY
SEWER SYSTEM: DECLARING RESULTS OF HEARING HELD WITH RESPECT THERETOs
DIRECTING SOLICITATION OF SIDS FOR CONSTRUCTION: PROVIDING FOR THE
MAEING OF SAID IMPROVEMENTS AND MCURING AN VZROMa.
WHEREAS, a resolution was duly passed by the Cit, Council 02
the City of Tigard at its regular meeting of May 20, 1974, a copy
whereof is hereto attached and by this reference made a part hereof
to the same Legal force and affect as 12 set forth herein in full, by
the terms of which the boundaries of a proposed sewer improvement
assessment district were described, and the Council declared its in-
tention to construct a sanitary sewer system and to assess the costs
thereof against the property within the boundaries specially benefited;
and
WHEREAS, by the tome of said resolution a hearing was duly
called to be held in Charles F. Tigard Elementary School at 13137
S. W. Pacific Highway in Tigard, Oregon on June 10th, 1974, at the
hour of MO p.m. for the purpose of affording an opportunity to any
parties aggrieved by the proposal to make objections or remonstrances
to the proposed improvement; and
WHEREAS, pursuant to said resolution, due and legal notice
of said hearing was given by publication in the Tigard Times for con-
secutive publishing$ on May 23, 1974 and N&y 30, 1974 prior to said
hearing; and
WHEREAS, said hearing was duly and regularly called to order
and held in Charles F. Tigard Elementary School at 13137 S. W. Pacific
Highway in Tigard, Oregon, on June 10th, 1974, at the hour of 8:00 p.m.;
and
WHEREAS, by the terms of said resolution and publication,
written objections or remonstrances from not less than 66-2/3% 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 66-2/3% of the owners of the prop-
arty in the area within the improvement assessment district and that
the percentage of rmonstrances is not a ban to further proceedings
in the mating of said improvements;
AREAS, all roceedings to date have been in conformity
with 223.387 and 223,35 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:
tion : That all matters set forth in the resolution of the
City Council of the City of Tigard, Oregon, on
PAGE 1 •- ORDINANCE No. 74-
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May 20, 1974, 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 here-
by approved, ratified and confirmed, and the bogndaries of the area
known as "S. W. MJRDOCE STREET SEWER IMPROVEMENT DISTRICT" as here-
tofore described in said resolution, be, and the same are hereby,
declared rad fixed in accordance with said description.
Sermon 2: That the City Council of the City of Tigard, having
acquired Jurisdiction to order the improveme.it to be
made, does hereby authorize and direct the construction of a sanitary
sewer line within the boundaries of said "S. W. MURDOC$ STREET SEWER
IMPROVEMENT DISTRICT" in conformity in all reasonable particulars
with the plans and specifications by said resolution adopted and here-
by ratified and confirmed.
e_cion : That the City`Administrator and the City Engineer be,
_. i7i
and TL1Cy ili'O Yi 'O Vf', His OV`unaa ii::�'^-_wa.0�o.a,J vv �u.a ro
proposals for the construction of said improvements by publication
in the Tigard Tises in not less than'two consecutive issues, the first
publication to be not lea4 than tea (10) days prior to
1974, at the hour 'of , which date and time is ere , es
nated for the opsning o s n the City of Tigard, Oregon, City Ball,
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 emorijency In 'hereby declared to exist, and this ordinance shall
become`efftdtive itpon 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 tiiqes by
number and title only, this day of ,
1974.
C;/
corder rCity of Ugaiif__
APPROVED: By the Mayor, this day of , 1974.
or - City or Tz
Page 2 - ORDINANCE No. 74