Ordinance No. 80-51 CITY OF TIGARD, OREGON
ORDINANCE No. 80- 5j
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AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTION Or' THE CITY COUNCIL OF JUNE 9,
1980, WITH RESPECT TO "ATH AVENUE SEWER IMPROVEMENT DISTRICT"; APPROVING, RATIFYING
AND ADOPTING_ PL,05, SPECIFICATIONS AND ESTIMATES FOR CONSTRUCTION OF SANITARY SEWER
SYSTEM: DECLARING RESULTS OF HEARING HELD WITH RESPECT THERETO: DIRECTING SOLICITA-
TION OF BIDS FOR CONSTRUCTION: PROVIDING FOR THE MAKING OF SAID IMPROVEMENTS, AND
DECLARING AN EMERGENCY.
WHEREAS, a resolution was july passed by the City Council of the City of Tigard
at its regular meeting of June 9, 1980, a copy whereof is hereto attached and by
this refer ince 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 con-
struct 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 June
23, 1980, 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 publishingson June 13, and
June 18,1980, 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 in Tigard, Oregon, on June 23, 1980,
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 bound-
aries of said area were invited, and all objections and remonstrances as thus present-
ed 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 precent-
age of remonstrances is not a ban to further proceedings in the making of said
improvemcnts;
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 9, 1980, a copy whereof is hereto
attached marked Exhibit "A" and by reference herein made a part hereof to the same
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legal force and effect as if set forth herein in full, be, and the same are hereby
approved, ratified, and confirmed, and the boundaries of the area known as "74th
Avenue Sewer Improvement District" as heretofore described in said resolution, be,
and 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 "74th Avenue
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 here-
by, directed immediately to invite proposals for the construction of said
improvements by publication in the Tigard Times in not less than two consecutive
issues, the first publication to be not less than ten (10) days prior to July 21,
1980, at the hour of 3:00 P.M., which date and time is hereby designated for the open-
ing of bids in the City of Tigard, Oregon, City Hall, 12420 S.W. Main Street, all
proposals to be then and there publicly read.
Section 4: The Tigard City Council finds that the 74th Avenue Local Improvement
District improvements are of the character described in ORS 223.205, and
that they therefore qualify for financing by general obligation improvement warrants
pursuant to ORS 287.502 - 387.510.
Section 5: General obligation improvement warrants for the 74th Avenue Local
Improvement District are hereby authorized to be issued in the agree-
gate amount of $50,600. The warrants shall bear interest at the lowest rate, not
to exceed 10%, that the City can borrow on the date of issuance and shall constitute
a general obligation of the City of Tigard that shall mature on or before two years
after date of issue, but not later than July 31, 1982. Warrants shall be retired as
funds are received in accordance with ORS 287.506.
Section 6: The mayor and city recorder are hereby authorized to execute the
described warrants in behalf of the City of Tigard.
Section 7: 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 con-
structed 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 qday of
1980.
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Recorder - City of igard
APPROVED: By the Mayor, this day of 0.
I
ayor C' y o Tigard
ORDINANCE No. 80-
■ EXHIBIT "A" g
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CITY OF TIGARD, OREGON ;
RESOLUTION No. 80-.44
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DECLARING AN INTENTION TO CONSTRUCT CERTAIN SANITARY SE14ER IMPROVEMENTS WITHIN AN AREA
DETER14INED TO BE A SEWER TMPROVEi4FNT ASSESSr4ENT DISTRICT TO BE KNOWN AS SEWER IMPROVE-
MENT DISTRICT FOR S.W. 74TH AVENUE; DESCRIBING THE PROBABLE TOTAL COST THEREOF; DEFIN-
ING THE BOUNDARIES OF THE DISTRICT TO BE BENEFITED AND ASSESSED; APPROVING AND ADOPT-
ING 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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vHEREAS, the City Council has accepted a petition requesting sanitary sewer
improvements and has ordered preparation of a preliminary engineering report, pursuant
thereto, at the Council's regular meeting of June 9, 1980, and
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WHEREAS, pursuant to Chapter 13.04 of Tigard Municipal Code, City Council T,nds
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 work to be done and the probable cost thereof together with
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a statement of
the lots arts 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
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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. 74th
Avenue 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. 74th Avenue Sanitary Sewer 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 $50,600 for said improvements, shall be assessed in full, on an
equal rate square foot 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 inspection.
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(d) That Monday, the 23rd day of June 1980, at the hour of 8:00 P.M., at fowler
Junior Hi-, CL'.ARuud, 10565 SW Walnut, Tigard, Oregon, be, and the same '
are hereby set as the time and place for hearing and considering objections or re- ,
moastrances to the proposed improvement by any parties aggrieved thereby. i.
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RESOLUTION No. 80-
ORDINANCE No. SO-_1_/
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y� PASSED: By Council on this rh day of .���n 1980.
Mayor
ATTEST:
Recorder
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RESOLD LION No. 80- E,
EXHIBIT "A"
5 Beginning at the Northeast corner of Lot 21, Fanno Creek Acre tracts, a duly recorded
plat in Washington County, Oregon, in Section 12 of Township 2 South, Range 1 West of
the Willamette Meridian; said point being the true point of beginning, said point also
beina on the westerly line of the 100' wide Southern Pacific Railroad right-of-way;
THENCE, Southeasterly along the Westerly righc-of-way of said Southern Pacific line and
the Easterly line of said Fanno Creek Acre Tracts, a distance of 93 feet more or less
to a point which, measured at right angles, is 200 feet from the East right-of-way
of the 50 foot Old Oregon Electric Railway right-of-way (BNRR);
THENCE, Southerly, parallel to, and 200 feet from the East line of said Oregon Electric
Railway right-of-way a distance of approximately 775 feet to a point on the South
line of Lot 23, said Fanno Creek Acre Tracts;
THENCE, Westerly along the south line of said Lot 23 and the Westerly extension
thereof, 290' more or less to the West line of. SW 74th Avenue right-o£-way, which
right-of-way abuts the West line of said Old Oregon Electric Railway right-of-way
(BNRR);
THENCE Southerly along the West line of said 74th Avenue to the South line of Lot
16 of said Fanno Creek Acre. Tracts;
THENCE Westerly along the south line of said Lot 16 to a point that is 2001
Westerly of the West line of said 74th Avenue if measured perpendicular thereto;
THENCE Northerly, parallel to and 200 feet from the Westerly line of said 74th Avenue,
a distance of 842.44 feet more or less to a point on the North line of Lot 20
said Fanno Creek Acre Tracts;
THENCE, Northerly and Northwesterly parallel to and 200 feet fron the Westerly
K line or said 74th Avenue a distance of approximately 446 feet to a point on the
North line of that certain tract of land conveyed to Mary M. Blood as recorded
in Book 201, Page 590, Washington County Record of Deeds;
THENCE Easterly along the North line of said Blood tract, a distance of 200 feet
more or less to a point on the Westerly line of said 74th Avenue;
THENCE, Southerly along said Westerly line of 74th Avenue 446 feet more or less
to a point on the Westerly extension of the North line of Lot 21 of. Fanno Creek
Acre Tracts;
THENCE Easterly along the Westerly extension of the North line of said Lot 21
and the North line thereof, 261' more or less to the TRUE POINT OF BEGINNING.
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RESOLUTION No. 80-44