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Ordinance No. 80-19 ly CITY OF TIGARD, OREGON ORDINANCE NO-80 AN ORDINANCE RATIFYING ANNEXATION OF LANDS BY BOUNDARY COMMISSION, ORDER NO. 1517 RECORDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY, DAKOTA ANNEXATION WHEREAS, the Boundary Commission established pursuant to Chapter 494 Oregon Laws of 1969 for the Portland Metropolitan Area, by its final order dated 12/13/79 approved the hereinafter described change in the boundaries of the City of Tigard, and a copy of said final order has been filed with the City Recorder. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: That the final order of the Boundary Commission adopted on the 13th day of December, 197% a copy whereof is hereto attached and by this reference made a part hereof, be, and the same is, hereby ratified, confirmed and adopted by reference to the same legal force and effect as if set forth herein in full. Section 2: That the boundaries of the City of Tigard be, and they are hereby changed to include the lands as described in the within order of the Boundary Commission, and the corporate limits of the City of Tigard are hereby changed in conformity therewith. Section 3: That the Recorder of the City of Tigard be, and she is hereby, directed to forthwith file a copy of this ordinance, including a copy of said Order, in the following offices: (a) Secretary of State (b) Department of Revenue and Taxation, Washington County (c) Department of Records and Elections, Washington County (d) Department of Public Works, Attention: Surveyor, Washington County Section 4: That the City Planning Commission be, and it is hereby authorized and directed to conduct such proceedings as may be necessary to conform the authorized zoning and land use of the described premises to the requirements of the City's Zoning Map and Code. Section 5: Inasmuch as it is necessary for the peace, health and safety of the people of the City of Tigard that the foregoing change in the boundaries of the City become a permanent part of the City's records, an emergency is hereby declared to exist, and this ordinance shall be effective upon its passage by the Council, and approval by the Mayor. PASSED: By vote of all Council members present, after being read two times by number and title only, thisth_ uay of February , 1980 AI Recorder - City of Tiga APPROVED: By the Mayor, this 25th dab u' r , 1980 ayo i rfTigard — ORDINANCE No, 8 r PORTLAND METROPOLI'T'AN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION 320 S. W. Stark (#530) - Portland, Ore. 97204 - Tel : 229- 5307 FINAL ORDER D04kp (hf RE: BOUNDARY CHANGE PROPOSAL NO. 1517 - Annexation of territory to the City Ojf Tigard. Proceedings on PROPOSAL NO. 1517 commenced upon receipt by the Boundary Commission' of a resolution and property owner consents from the City of Tigard `on November 7 , 1979 requesting that certain property be an- nexed to the city. The petition meets the requirements for initiating a proposal set forth in Chapter 880 Oregon Laws 1979. Upon receipt of the petition the Boundary Commission published and posted nto'ice of the public hearing in accordance with ORS 199.463 and conducted a public hearing on the proposal on December 13, 1979. The Commission also caused a study to be made on this proposal which considered economic, demographic and sociological trends and pro- jections and physical development of the land. FINDINGS On the basis of the public hearing and the study the Boundary Com- mission fo',und: 1. Proposal No. 1517 contains 6.38 acres , 1 abandoned farm house and is evaluated at $53,500. This territory is contiguous to Proposal No. 1516 but is not currently contiguous to existing city boundaries. 2. The City of Tigard desires annexation of the territories to control the Fanno Creek flood plain which encompasses 2/3 of both proposials. The city proposes using the sewage treatment plant site for park maintenance purposes . The owner of TL 100, Pro- posal ?No. 1517 , desires annexation to obtain service to fa- cilitake development of theportion above the flood plain. 3. The city plan designates the portions of the territory within the flood plain as Greenway/Park and the remainder for Low Density Residential single-family at R- density. 4. The county plan designates the area as Urban and has responded in supiport of the annexation. 5. The territory is within the regional Urban Growth Boundary and the proposal conforms with applicable LCDC goals. t 6. The Unified Sewerage Agency's_Fanno interceptor traverses both tax lo,ts . Y Page 1 - PINAL ORDER T 7 , The territory is within the Tigard Water District which can provide service from a 6" main in SW Dakota ST. 8. The territory is within the boundary of the Tualatin RFPD which would be unaffected by the proposals . REASONS FOR DECISION On the basis of the findings the Commission determined that : 1. The requests conform with city, county, and regional planning and applicable LCDC goals . 2. Adequate urban services will be available upon annexation. 3. Proposal No. 1516 has a 45-day remonstrance period before it becomes effective. Because there is no resident on the property, there can be no remonstrance. Therefore it does not appear ne- cessary to set a leter effective date for Proposal No. 1517 which would be effective immediately. i ORDER On the basis of the findings and reasons listed. above, the Boundary Commission approved BOUNDARY CHANGE PROPOSAL NO. 1517 on December 13, 1979. NOW THEREFORE IT IS ORDERED THAT the territory described in Appendix "A" and depicted on the attached map , be annexed to the City of Tigard as of this date. T # PORTLAND METROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COMMISSION zl� Date: December 13 1979 By / a�=<= e r McDonald Chairman Attest: Page 2 FINAL ORDER r; APPENDIX "All PROPOSAL NO. 1517 ANNEXATION CITY OF TIGARD quarter of Section West 103 .9 feet along the South line Commencing at the Southeast corner of the northeast Q � west 533>1 34 , T1S R1W of W.M. running thence thence south 3 33 uarter of Section 34 , then east along the center of said northeast the up the feet to the center of the county line of said county road to the center of Fenno Creek, the east irec ion its tion ly center of said Creek in a northwester thencetsouthoalongintTeSeC more lace of beginning containing ac > with the east line of said Section line of Section 34 to the p Jton and State of Oregon. or less; in the County of Washinb PROFF��oo� mac, �GINF�, 4 7355 , x g�EG�!�� �UfY 14 1'gk '14iVK A. Page 3 - FINAL ORDER M r J 1517 Proposal No. ,5� %y See 3q is i 34a TIS wash Co. 100CIO areaa be 75 �! i Anne i 5. - . i i J juiliitui►�41153 :» • �� ••, ttgj" -tUlUitilYilU +, 2378 osa.1 No. ---__ — city fi�