Ordinance No. 76-41 x;
CITY OF TIGARD, OREGON
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ORDINANCE No. 76 - '
AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTION OF THE CITY COUNCIL OF
SEPTEMBER 27, 1976, WITH RESPECT TO "S.W. PARK STREET SEWER IMPROVEMENT DISTRICT";
APPROVING, RATIFYING AND ADOPTING PLANS, SPECIFICATIONS AND ESTIMATES FOR
CONSTRUCTION OF SAtllTARY SEWER SYSTEM; DECLARING RESULTS OF HEARING HELD WITH
RESPECT THERETO; DIRECTING SOLICITATION OF BIDS FOR CONSTRUCTION; PROVIDING FOR
THE MAKING OF SAID IMPROVEMENTS, AND DECLARING AN EMERGENCY.
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WHEREAS, a resolution -was duly passed by the City Council of the City of
Tigard at its regular meeting of September 27, 1976, a copy whereof is hereto
attached and by this roference made a part hereof to the same legal force and
effect as if set forth herein in full, by the terms of which the boundariesIF
of a proposed sewer improvement assessment district were described, and the ,
Council declared its intention to construct a sanitary sewer system and t6
assess the costs thereof against the property within the boundaries specially
benefited; and
WHEREAS, by the terms of said resolution a hearing was duty called to be
held in Fowler Junior High School at 10865 S.W. Walnut Street in Tigard, Oregon on
October 11, 1976, 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 imp.2ovement; and
WHEREAS, pursuant to said resolution, due and legal notice of said hearing
was given by publication in the Tigard Times for consecutive publishings on
September 30, 1,976 and October 7, 1976 prior to said hearing; and
WHEREAS, said hearing was duly and regularly called to order and held in
Fowler Junior High School at 10865 S.W. Walnut Street, Tigard, Oregon, on October
1976, 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 property 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;
WHEREAS, all proceedings to date have been in conf6rmity 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 is That all- matters set Forth in the resolution of the City Council of
the City of Tigard, Oregon, on September 27, 1976,' 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
ner_R t s nRnTNANCE No. 76-//,e_
hereby approved, ratified and confirmed, and the boundaries of the area known as
"S.W. PARK STREET SANITARY SEWER IMPROVEMENT 'DISTRICT" as heretofore described in said
M resolution, bc, an1 the same are hereby, declared and fixed 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 sanitary sewer line within the boundaries of said "S.W. PARK
STREET SANITARY SEWER IMPROVEMENT DISTRICT" in conformity in all reasonable particulars
with the plans and specifications by said resolution adopted and hereby ratified and
confirmed.
Section 3: That the City Administrator and the Director of Public Works be, and
they are hereby, directed immediately to invite proposals for the
construction of said improvements by publication in the Tigard Times in not less than F
two consecutive issues, the first publication to be not less than ten'(10) days
prior to November 8, 1976, at the hour of 3:00 p.m., which date and time is hereby
designated for the opening of bids in the City of Tigard, Oregon, City Hall, all
proposals to be then and there publicly read. f
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.
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PASSED: By the Council, by �����,ipzr�//.c vote of all Council members present,
after being read three times by number and title only, this 11th day
of October, 1976. "
f
Recor er - City o Tiga
APPROVED: By the Mayor, this 11th day of October, 1976.
16-La
y° Mayor City of Tigard
3 " PAGE 2 ORDINANCE No. 76-Yi—
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EXHIBIT "A"
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That portion of land in the Southeast quarter of Section 3, Township 2
South, Range 1 West, Willamette Meridian, Washington Ccunty, Oregon,
being more particularly described as follows:
Beginning at the Southwest corner of LOT 37 of DERRY-DELL PLAT 2,
a 'subdivision of record in said County; running then North 00° O1' 30"
East, along the West line of said LOT 37, a distance of 200.15 feet to a
point on the South line of LOT 29 of said subdivision; thence South 86°
12' 30" West, along the South Line(s) of LOT(S) 29, 28, 27, and 25 of
said •subdivision, a distance of 389.8 feet to a point on the centerline
of (50 foot wide) S.W. Derry Dell Court; thence South 00° 01' 30" West,
!- along the centerline of said S.l,'. Derry Dell Court, a distance of 222.26
feet to a point on the South right-of-way boundary line of (50 foot wide)
S.W. Park Street; thence Easterly, along said boundary line of S.W. Park
Street, a distance of 125 feet, more or less, to the Northwest corner of
that tract of land conveyed to Federick and Beverly J. Epeneter, by deed,
recorded in Boci•: 885 on Pages 553 and 554 in said Countys Deed Records;
thence South 00° U6' East, along the West line of said Epeneter tract, j
a distance of 150.0 feet to the Southwest corner thereof; thence North
890 06' East, along the South line of said Epeneter tract, a distance
of 100.0 feet to the Southeast corner thereof; thence North 00° 06' West,
along the East line of said Epeneter tract, a distance of 70.6 feet to a
point thereon, said point being the Southwest corner of that tract of land
conveyed to Clifton E. and Rose C. August, by deed, recorded in Book 670
on Page 16 in said Countys Deed Records; thence South 89° 57' East, along
the South line of said August tract and along an Easterly extension 'thereof, �.
a distance of 230.7 feet to a point in (25 foot Wide) S.W. 107th Avenue;
thence North 0° 03' West, parallel with and 20.0 feet Easterly of the
West right-of-way boundary line of S.W. 107th Avenue, a distance of 123.0
feet to a point on the South line of said LOT 37 of 16ERRY-DELL PLAT 2;
thence North 89° 12' West, along the Southline of said LOT 37, a distance
of 80 feet, more or less, to the point of beginning of this description.
Containing2.36 Acres, less public roadway(s).
CITY OF TIGARD, OREGON
RESOLUTION No. 76--�
September 27, 1976
DECLARING AN INTENTION TO CONSTRUCT CERTAIN SANITARY SEWER IMPROVEMENTS WITHIN AN
AREA DETERMINED TO BE A SEWER IMPROVEMENT ASSESSMENT DISTRICT, TO BE KNOWN AS
S.W. PARK STREET SANITARY SEWER IMPROVEMENT DISTRICT; DESCRIBING THE PROBABLE TOTAL
COST THEREOF; DEFINING THE BOUNDARIES OF THE DISTRICT TO BE BENEFITED AND ASSESSED;
APPROVING AND ADOPTING PRELIMINARY PLANS AND SPECIFICATIONS FOR THE WORK AND
PRILIMINARY ESTIMATES OF THE CITY'S ENGINEER, AND SETTING PUBLIC HARING AND DIRECTING THE
GIVING OF NOTICE THEREOF.
WHEREAS, pursuant to Ordinance No. 62-6 the City Council finds it expedient
and necessary to order the improvement of the hereinbelow described lands by con-
struction of sanitary sewer facilities and appurentances thereto, and pursuant thereto
the City's Engineer has submitted to the Council preliminary plans, specifications
and estimates for the work to be done and the probable cost thereof together with a
statement 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. Park
Street by construction of sanitary sewer facilities and appurtenances thereto.
(b)- That all lands situated within the boundaries described on the attached
"EXHIBIT A" are determined and declared to be a sanitary sewer improvement assessment
district, to be known as "S. W. Park Street Sanitary Sewer Improvement District",
and it is further declared that each Iot, part of lot and parcel of land within
said boundaries will be especially benefited by said improvements, and that the total
estimated cost of $10,000.00 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 sewer
improvements as submitted by the City's engineers; be, and the same are hereby,
adopted , :reg n-,. -red to be maintained on file by the City Recorder for public inspection:
(d) That Monday, the 11th day of October, 1976 at the hour of 8:00 P.M., at
Fowler Junior High School, 10865 S.W. Walnut Street, in Tigard, Oregon, be, and the
same are hereby set as the time and place for hearing arid considering objections or
remonstrances to the proposed improvement by any parties aggrieved thereby.
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Resolution No. 76-
'Tt;at the City nccorder b_F, and she is }hereby, directed LJ
f (e) . n
, y+' by causing to Lave this resolut_on publisticd in the Tigard Times, issues of
-- September 30, 976 and October 7, 1976.
(f) With'.n ten days from the date of the first publication of the notice of
this resolutio , the owners of 66 2/3% or :.ore in area of the property within the
boundaries de!- gibed on "EXHIBIT A" hereto attached, rray make and file wit=h the
City Recorder = written objection or remonstrance against the proposed improvements.
card Oregon this X27 y �1< , 1976.
Dated at 'Tim E da of. S�,_f ��-
O
Mayor - City of Tigard
ATTEST:
CITY RECORDER ITY O/F, !CARD
V ,
' esolution No. 76--2
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