Ordinance No. 79-57 CITY OF TIGARD, OREGON
ORDINANCE NO. 79-.__.1
AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTION OF THE CITY COUNCIL OF JUNE
25, 1979, WITH RESPECT TO "S.W. KATHERINE STREET SEWER IMPROVEMENT DISTRICT";
APPROVING, RATIFYING AND ADOPTING PLANS, SPECIFICATIONS AND ESTIMATES FOR CONSTRUC-
TION OF SANITARY 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.
WHEREAS, a resolution was duly passed by the City Council of the City of
Tigard at its -regular meeting of June 25, 1979, 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 the boundaries of a proposed sewer
improvement 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 specially benefited; and;
WHEREAS, by the terms of said resolution a hearing was duly called to
be held in Fowler. Junior High School at 10865 S.W. Walnut Street in Tigard, Oregon
on July 9, 1979, 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 consecutive publishings on June 27,
1979 and July 4, 1979 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 St., in Tigard, Oregon, on July 9,
1979, at the hour or 8:00 p.m., and,
WHEREAS, by the terms of said resolution and publication, written
objections or remonstrances from not less that 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 conformity with 223.387 and
223.389, Oregon Revised Statutes and Tigard Municipal Code, Title 13, 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 25, 1979, 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, the same are
hereby approved, ratified and confirmed, and the boundaries of the area known as
S. W. KATHERINE STREET SEWER IMPROVEMENT DISTRICT, as heretofore described in
said resolution, be, and the same are hereby, declared and fixed in accordance with
said description, '
PAGE l - ORDINANCE No. 79-
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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 T'ithin the
boundaries of said "S.W. KATHERINE STREET 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 City Engineer be, and they are
hereby, directed immediately to invite proposals for the construction
of said improvements by publication inthe Tigard Times in not less than two
consecutive issues, the first publication to be not less than ten (10) days prior
to , 1979, at the hour of 2:36P_M. , which date and time
is here esigna�tedd for the opening of bids in the City of Tigard, Oregon, City
Hall, 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 S?4d 4mprevementS 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 . two times by number and title only, this 73,-d
day of T„'v , 1979.
Recorder - Cit Tigard
APPROVED: By the Mayor, this 23XA day of M13Uv , 19 '79
Mayor - i y of Tigard
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PAGE 2 ORDINANCE No. 79 �
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CITY OF TIGARD, OREGON
RESOLUTION No. 79-
June 25, 1979
DECLARING AN INTENTION TO CONSTRUCT CERTAIN SANITARY SEWER IMPROVEMENTS WITHIN AN
AREA DETERI4INED TO BE A SANITARY SEWER IMPROVEMENT ASSESSMENT DISTRICT, TO BE KNOWN
AS SE14ER II4PROVEI4ENT DISTRICT 13 FOR S.W. KATHERINE 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.
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!WHEREAS, the City Council has accepted a petition requesting sanitary sewer
on improvements and has ordered preparation of a preliminary engineering report
pursuant thereto at the Council's regular meeting of January 22, 1979, and
WHEREAS, pursuant to Chapter 13.04 of Tigard Municipal Code the City Council
finds it expedient and necessary to order the improvement of the hereinbelow
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 wort: 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 aforsaid portion of S.W. Katherine
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, tobeknown as "S.W. Katherine 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 552,000 for said improvements, shall be assessed in full, on an 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 and ordered to be maintained on file by the City Recorder for public in-
spection.
(d) That Monday, the 9th day of July, 1979 at the hour of 8:00 P.M., at Fowler
Junior High School Lecture Room, 10855 SW Walnut Street, Tigard, Oregon, be, and the
same are hereby set as the time and place for hearing and considering objections
or remonstrancesto be proposed improvement by any parties aggrieved thereby.
(e) That the City Recorder be, and she if hereby, directed to give notice by
causing to have this resolution published in the Tigard Times, issues of June 27,
1979 and July 4, 1979.
(f) Within ten days from the date o£ the first publication of the notice
of this resolution of the owners of 66 2/37 or more in area of the property within
the boundaries described on "EXHIBIT A" hereto.attached, may make and file with
the City Recorder a written objection or remonstrance against the proposed
improvements.
da of ^1979.
Dated at Tigard, Oregon this Y �
Mayor - City o igard
AXTEST:
City Recorder V- CitY Tigard '
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RESOLUTION No. 79
6/25/79
EXHIBIT "A"
S.W. KATHERINE STREET
SANITARY SEWER
LOCAL 1MPROVEMLNT DISTRICT
BOUNDARY
A parcel of land in Section 2, T-2S, R-1W, and Section 35, T-IS, R-1W, W.M.City of Tigard,
Washington County, Oregon being more particularly described as follows:
Beginning at the Southwest corner of Karol Court, a subdivision of record in Washing-
ton County, Oregon, said corner being the Southeast corner of that tract of land
recorded 'in Book 481, Page 26; thence S-89°23'-W 778.32' along the South line of
last said tract to a point on the West line of Section 2, T-2S, R-1W, W.M.; thence
N-00045'-W 302.59' along the West line of said Section 2 to the Northwest corner
thereof; thence N-00°30'56"-W 123.21 ' along the West line of Section 35,T-1S, R-1W,
W.M. to a point on the North line of S. W. Katherine Street; thence N-89°29'04"-E
609.61 ' along said North right-of-way line to a point on the West line of that
tract of land in deed to Robert A. and Patricia K. Durkee recorded in Book 1121 ,
Page 341; thence North 200.64' along the West line of said Durkee tract to the
Northwest corner thereof; thence N-89°29'04"-E 525.00' to the Northwest corner of
that tract of land recorded in Book 1221 , Page 262; thence South 160.00' along the
East line of said tract recorded in Book 1221 , Page 262 to the Northwest corner of
that tract of land in deed to Thomas R. and Susan D. Westerby; thence N-89 29104"-E
40.00' along the North line of said Westerby tract to an angle point in said North
line; thence continuing along said North line in the northeasterly direction 135.00'
more or less to it's intersection with the westerly right-of-way line of S. W.
Tigard Street; thence southeasterly 200.00' more or less along said westerly right-
of-way line to it's intersection with the North right-of-way line of S. W. Katherine
Street; thence 5-20°30'-E 45.00' more or less, to the intersection of the South
right-of-way line of S. W. Katherine Street and the easterly line of that tract
in deed to Anne Berard recorded in Book 1213, Page 908; thence S-18°20'-W 2.68.4'
to the Southeast corner of said Berard tract; thence N-71°40'-E 324.3` along the
southerly line of said Berard tract and the westerly extension thereof to the
Southeast corner of Lot 10, said Karol Court; thence N-00"45'-W 70.00' along the
East line of said Lot 10 to the Southeast corner of Lot 11, Karol Court; thence
S-89029'04"-W 279.00' along the South line of said Lot 11 and it's westerly exten-
sion and the South line of Lot 1, Karol Court to the Southwest corner thereof, said
corner being on th:: West plat line of Karol Court; thence S-00' 45'-E 305.10' along
said West line of Karol Court to the Point of Beginning.
EXCEPTING THEREFROM:
Lots l and 11 Karol Court and that tract of land in deed to Dewey R. and M. C.
Hamilton recorded in Book 789, Page 892 and that tract of land in deed to Robert
Lee and Edna M. Webb recorded in Book„920, Page 84 Deed Records, Washington County,'
Oregon, '�