Ordinance No. 80-66 CITY OF TIGARD, OREGON
ORDINANCE NO. 80-
AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTION OF THE CITY COUNCIL OF JULY 28,
1980, WITH RESPECT TO S.W. WALNUT STREET SEWER IMPROVEMENT DISTRICT; APPROVING,
RATIFYING AND ADOPTING PLANS, SPECIFICATIONS AND ESTIMATES FOR CONSTRUCTION OF
SANITARY SEWER SYSTEM; DECLARING RESULTS OF HEARING HELD WITH RESPECT THERETO; DIRECT-
ING SOLICITATION OF BIDS FOR CONSTRUCTION; PROVIDING FOR THE MAKING OF SAID IMPROVE-
MENTS, AND DECLARING AN EI•SERGENCY.
W1HEREAS, a resolution was duly passed by the City Council of the City of
Tigard at its regular meeting of July 28, 1980, 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 in-
tention to construct a sanitary sewer sytem 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
August 11 , 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 publishings on July
30 and August 6, 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 SW Walnut Street in Tigard, bt:egon, on August 11; 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 2/37 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 improve-
ments;
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 l: That all matters set forth in the resolution of the City Council of the.
City of. Tigard, Oregon, cn Tun.. 0- 1980; a cony whereof is hereto
attached marked Exhibit "A11 and by reference`Lberein made a part hereof to the same
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CX,
ORDINANCE No. 80
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 Walnut
Street 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 Walnut. 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 in the Tigard Times in not less than two
consecutive issues, the first publication to be not less than ten (10) days prior. to
September 2, 1980, 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, 12420 S.W. Main
Street, all proposals to be then and there publicly read.
Section 4: That all lands situated within the boundaries described on the attached
EXHIBIT "A" are determined and declared to be a sanitary sewer improve-
ment assessment 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 improve-
ments, and that the estimated cost of $16,270. for said improvements, shall be .
assessed in full, on an equivalent benefit against all lands within said improvement
district and that $10,971. shall be paid as City participation for extra capacity
sewers which amount shall be recovered through future sewer connections, and that
$27,241. is the estimated total cost.
Section 5: The 'Tigard City Council fico=s that the Walnut Street 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 6: General obligation improvement warrants for the Walnut Street Local
Improvement District are hereby authorized to be issued in the
aggregate amount of $27,24 .. 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 August 31, 1982. Warrants shall
be retired as funds are received in,accordance with ORS 257.506.
Section 7: The Mayor and City Recorder are hereby authorized to execute the
described warrants in behalf of the City of Tigard.
Section 8: 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
day'of , 1980.
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ORDINANCE No. 80--44
Recorder
APPROVED: By the � this day of
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ATTEST: ident of council
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ORDINANCE No. 80-
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EXHIBIT "A"
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CITY OF TIGARD, OREGON
RESOLUTION No. 80-
DECLARING AN INTENTION TO CONSTRUCT CERTAIN SANITARY SEWER IMPROVEMENTS WITHIN AN AREA
DETERMINED TO BE A SEWER IMPROVEMENT ASSESSMENT DISTRICT TO BE KNOWN AS SEWER IMPROVE-
MENT DISTRICT FOR S.W. WALNUT STREET; DESCRIBING THE PROBABLE TOTAL COST THEREOF; DEFIN- `
?NG THE BOUNDARIES OF THE DISTRICT TOLE BENEFITED AND ASSESSED; APPROVING AND ADOPTING <
"•D ESTIMATES OF THE CITY'S ENCI",.LEP. AIV'D
PLANS AND SPECIFICATIONS FOR iriE WORK A..i. L., s
SETTING PUBLIC HEARING AND DIRECTING THE GIVING OF NOTICE THEROF.
E.
WHEREAS, 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 April 21, 1980, and
WHEREAS, pursuant to Chapter 13.04 of Tigard Municipal Code, 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 J
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 ap-
portionment 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. Walnut Street
by construction of sanatary 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. Walnut Street 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 estimated cost of
$16,270 for said improvements, shall be assessed in full, on an equivalent benefit
against all lands within said improvement district, and that $10,971 shall be paid ;�'
as City participation for extra capacity sewers which amount shall be recovered through
future sewer connections.
(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.
(d) That Monday, the 11th day of August 1980, at the hour of 8:00 P.M., at
Fowler Junior High School Lecture Room, 10865 S.W. Walnut, Tigard, Oregon, be, and the
ame are hereby set as the time and place for hearing and considering objections or
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emonstrances to the proposed improvement by any parties aggrieved thereby.
RESOLUTION No. 80-
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PASSED: By Council on this day of , 1980.
Mayor
ATTEST:
Recor er
EXHIBIT "A"
Beginning at the Southwest corner of that tract of land as described in deed to Kenneth
Olson. et ux, recorded in Book 411, page 506 Washington County, Oregon, Deed Records,
said point lying 680.5 -nest from the East quarter corner of Section 4, Township 2,
South, Lange 1 West of the Willamette Base and Meridian N.01016' West a distance of
635.3 feet, thenc to the centerline of county road 934; and the true point of beginning;
thence South 890 22' West along the centerline of' said county road X6934 a distance
of 134 .feet; thence S 010 16' East a distance of 321 feet; thence North 890 22' East
a distance of 134 feet; thence North 010 16' West a distance of 321 feet to the true
point of beginning EXCEPTING therefrom the Northerly 30 feet thereof,
*' TT Publish 7/30, 8/6/80
Resolution No. 80-74