Ordinance No. 80-99 k
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CITY OF TIGARD, OREGON
ORDINANCE NO. 80—'6'
AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTION OF THE CITY COUNCIL OF NOVEMBER
24, 1950, WITH RESPECT TO MCDO"TALI) S'rRl,.ET AREA SEWER II2PROVEMENT DISTRICT (L.I.D. #25);
APPROVING, RATIFYING AND ADOPTING PLANS, SPECIFICATIONS AND ESTIMATES FOR CONSTRUCTION
OF SANITARY SEWER SYSTEM; DECLARING RESULTS OF 'HEADING HELD WITH RESPECT THERETO;
DIkECTING SOLICITATION OF BIDS FOR CONSTRUCTION; PROVIDING FOR THE MAKING OF SAID
IMPROVEMENTS, AND DECLARING AN E11ERGENCY.
WHEREAS, a resolution was duly passed by the City Council of the City of £:
Tigard at its regular meeting of November. 24, 1980, a copy whereof is hereto
attached and by this reference made a fart 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, diad time Council
declared its intention to construct a sanitary sewer system and to assess the costs i
the boundaries specially benefited; and
thereof against the property within
WHEREAS, by the terms of said resolution a hearing ;aas duly called to be
held in Fowler Junior High School, 10865 SW Walnut Street, Tigard, Oregon on
December 8, 1980 at the hour of 8:00 P.M. for the purpose of affording an op-
portunity to any parties aggrieved by the proposal to make objections or remonstrances
to the proposed improvement; and
WHEREAS, pursuant to said resolution, due and legalnotice of said hearing was
given by publication in the Tigard Times for consecutive publ.ishings on November
26, 1980 and December 1, 2980 prior to said hearing; and
'U'HE",REAS, said hearing was duly and regularly called to order and held in
Fowler Junior High School at 10865 SW Walnut Street, Tigard, Oregon on December ,
8, 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 'L/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 2/37 of the owners of 4`
the property in the area within the improvement assessment district and that the t:
percentage of remonstrances is not a ban to further proceedings in the malting of
said improvements; and
1vTHEREAS, all. proceedings to date have been in conformity with 223.387 and
223.359 Oregon Revised Statutes and Tigard Municipal Code, Chapter 13 of the City of
Tigard, and all procedures were regularly and 1atafully conducted;
NOTA, THEREFORE,
' THE CITY OF LIGARD ORDAINS AS FOLLOWS:
X
ORDINANCE :MO. 80-
Section 1: That all matters set forth in the resolution of the City Council of the
City of Tigard, Oregon on NovL_aber 24, 1980, 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 hereby
approved, ratified and confirmed, and the boundaires of the area known as McDonald
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
or order the improvement to be made, does hereby authroize and direct
the construction of a sanitary sewer line within the boundaries of said McDonald
Sewer Improvement District in conformity in all reasonable particulars with the
plans and specifications by said resolution adopted and hereby ratified and con-
firmed.
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 con-
secutive issues, the first publication to be not less than ten (10) days prior
to the 19th _day of March , 1.981, at the hour of 2:00 P.M. _, which
date and time is hereby designated far the opening of bids inthe 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 said improvements be con-
structed with the least possible delay, an emergency is hereby declared to exist,
and this ordinance shall 'becomee 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 three times by number and title only, this 3
day of. December, 1980.
Recorder - Cityof Ti6ard
APPROVED: By the Mayor, this _qday of , 0.�
or - City of Ti ar
ORDINANCE NO. 80-Q0
Page 2
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CITY OF TIGARD, OREGON
ORDINANCE NO. 80-- IN
AN ORDINANCE RATIFYING ANNEXATION OF LANDS BY THE BOUNDARY COMMISSION, ORDER
NO, 1.643 , IAND ADOPTING; FINDINGS WITH RESPECT TO AN AMENDMENT TO THE
1970 ZONING MAP OF THE CITY OF TIGARD TO CONFORM WITH THE TIGARD COMPREHENSIVE
PLAN AS ADOPTED AND FIXING AN EFFECTIVE DATE. (HOFFMAN)
PLANNING DEPARTMENT REFERENCE INFOPI'ATION:
Tax Map 2S1 3AC , Tax Lot(s) 1700 , Addresslll80 SW Fonner St.
File Number ZCA 29-80 , Present Washington
County Zoning Designation RU-4 , Zone changed to City of
Tigard R-7 "Single Family Residential" Urban Low Density.
WHEREAS, the Boundary Commission, established pursuant to Chapter 494
Oregon Laws of 1969, for the Portland Metropolitan Area by its final order
# 1643 , dated October 30, 1980 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; and
W10REAS, the City of Tigard, in accordance with Chapter 197 Oregon Revised
Statutes, has adopted a Comprehensive Plan which includes the lands within this
annexation.
NOW, THEREFORE,
211E CITY OF TIGARD ORDAINS AS FOLLOWS:
`Section 1: That the final order of the Boundary Commission adopted on the 30th
day of October, 1980 , 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 herewith.
ORD. NO.
ZCA 29-80
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
(e) Department of Records and Elections, Washington County
(d) Department of Public Works, Attention: Surveyor, Washington County
Section 4: finding that the lands hereinafter described are now zoned as
Washington County RU-4 and further finding that
pursuant to ORS .197, the City of Tigard has adopted a Comprehensive Plan for
said lands on August 28, 1979, and that ORS 197.175 requires cities to enact
zoning ordinances to implement their comprehensive plans, and further finding
that pursuant to procedures, the abovestated zoning .map amendment was presented
at a public hearing held by the Tigard City Council on December 22, 1980 and
all interested persons were afforded an opportunity to be heard at this public
hearing. The Council adopts the following substantive findings:
(a) That this zone map amendment is in conformance with the
Comprehensive Plan designation on the NPO # 3 Plan which
is a portion of the adopted Tigard Comprehensive Plan, and
Section 5: Therefore, pursuant to the requirements of Chapter 18.88 of the
Tigard municipal Code, this request for an amendment to the
Zone Map of the City of Tigard is hereby approved subject to provisions of
Chapter 18.20 of the Tigard municipal Code as embodied in adopted Exhibits
"A", IIB11, and IIC11 attached and made a part of this Ordinance.
Exhibit "A": - Legal Description, Exhibit "B": - Tax map, Exhibit "C": - Staff
Report
Section 6: 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 and zone map amendment 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 ! e�hdesieu� vote of all Council members present, after being
read two times by number and title only, this day of
Recorder7_ City Of ys bar::
APPROVED: By the Mayor, thisday c+fka
kt scFes�t::of;Craauc-il : City of Tigard
0RDINIANCE RO. O_r
p�#e22-8o
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' PORTLAND INE ROPOLITAN AREA LOCAL GOVERNMENT BOUNDARY COiMISSION
320 S. W. Stark (#530) - Portland, Ore. 97204 - Tel: 229-5307
FINAL ORDER
RE: BOUNDARY CHANGE PROPOSAL NO. 1643 - Annexation of territory to the City of
Tigard
Proceedings on Proposal No. 1643 commenced upon receipt by the Boundary Commission
of a resolution and property owner consents from the City of Tigard on August 21,
1980 requesting that certain property be annexed to the city. The resolution and
property owner consents meet the requirements for initiating a proposal set forth
in ORS 199.490, particularly Section (2).
Upon receipt of the petition the Boundary Commission published and posted notice
of the public hearing in accordance with ORS 199.463 and conducted a public hear-
ing on the proposal on October 16, 1980. The Commission also caused a study to be
made on this proposal which considered economic, demographic and sociological trends
and projections and physical development of the land.
FINDINGS
On the basis of the public hearing and the study, the Boundary Commission found
that: (See Findings in Exhibit "A" attached hereto).
REASONS FOR DECISION
On the basis of the findings the Commission determined that: (See Reasons for
"n All r a heretoDecision in E.diibi* ),
ORDER
On the basis of the findings and reasons listed above, the Boundary Commission
approved BOUNDARY MANGE PROPOSAL NO. 1643 on October 16, 1980.
WW THEREFORE IT IS ORDERED THAT the territory described in Exhibit 'B" and depicted
on the attached reap, be annexed to the City of Tigard as of the date of approval.
PORTLAND METROPOLITAN AREA LOCAL GOVERMV04T
BOUNDARY CaMISSION
Date: /® .3'eZ10 By.
James L. (Jamie) Mater
Chairman
Attest:
Page 1 FINAL ORDER
EXHIBIT "A"
Proposal No. 1643
FINDINGS
On the basis of the public hearing and the study, the Boundary Commission
found that:
1. The territory to be annexed is contiguous to the city and contains 1.27
acres, is vacant, and is evaluated at $6700.
2. The property owners desire city services, especially sewers, to facilitate
development of two additional single family dwellings.
�. All LCDC goals were examined and evidence supporting conformance of this
proposal with Goals #1, 4, 0, S, iV, 11 and 14 was found. Vu'7Gr LCI- goals
were not found to be significantly related to this action for the reasons
stated in the staff report.
4. The area to be annexed is within the regional Urban Growth Boundary. The
territory is identified as Urban on the county framework plan and zoned
RU-4 in the county. It is designated Urban Low Density Residential on the
city plan and would be suitable for 7500 sq. ft. lots. The proposed develop-
ment is compatible with the city plan designation, with the county plan, and
with the present county zoning.
5_ n, sewer line capable of serving the property exists in the adjacent subdivision
to the south and the property has a 6' utilities easement to bring sewer and
water to the site. Water and fire protection are provided by special
districts. The city provides police, parks, planning, library, street
intenan_c_e, etc., and those services are available immediately.
REASONS FOR DECISION
On the basis of the findings the Commission determined that:
1. The property owners desire services which the city has available and is will-
:=g to provide upon annexation.
2. The action conforms to city, county and regional planning.
Page 2 - FINAL ORDER
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EXHIBIT "B"
Proposal No, 1643
Annexation
CITY OF TIGARD
BEGINNING at a point in the centerline of Fonner Road (County Road No. 495) said point
being South 0°53' West 2216.8 feet and North 87°46' East 821.4 feet from the North
quarter corner of Section 3, Township 2 South, Range 1 West, Willamette Meridian.
thence continuing North 87046' East 99.9 feet to a point thence South 14°32'10" East
517.17 feet to an iron rod; thence North 89°53' West 389.1 feet to an iron pipe;
thence North 0*53' East 152.7 feet to an iron pipe; thence North 87°46' East 168.0
feet to an iron pipe; thence North 2°00'30" West 336.54 feet to the point of
beginning.
EXCEPTING THEREFROM the following described real property situated in Washington
County, Oregon to-wit:
BEGINNING at a point in the centerline of Southwest Fonner Road (County Road No. 495);
said point beginning 2216.80 feet South 0053' West and 821.40 feet North 87°46' East
from the one-quarter section corner on the North line of Section 3, Township 2 South
Range 1 West, Willamette Meridian, and continuing thence North 87°46' East 99.50 feet
to a point; thence South 14°32110" East 341.58 feet to a point; thence South 87°46'
.� West parallel with the centerline of Southwest Fonner Road a distance of 173.18 feet;
thence North 2°00130" West 333.91 feet to the point of beginning
4
TOGETHER WITH an eaS_-ment for mita=y sewer and'or water over the Easterly 6 feet of
Lot 88, GENESIS NO. 3 Subdivision, Washington County, Oregon as described in
instrument recorded July 22, 1980 with Fee No. 80025109.
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Page 2 FINS, ORDER
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ANNE XAT IONI ZONE CHANGE MEMO
TO: TIGARD PLANLING COMMISSION DATE; ju' Iwo
FROM: PLANNING DIRECTOR
SUBJECT: ANNEXATION REQUEST AND ZONE CHANGE TO THE COMPREHENSIVE PLAN
ANNEXATION TITLE: , TIGARD RESOLUTION # �
PROPERTY LOCATION: r,
(see attached map)
PRESENT ZONING (WASHINGTON COUNTY) :
COMPREHENSIVE PLAN DESIGNATION: �—
PROPOSED DEVELOPMENT PLANS:--o
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PUBLIC SERVICE AVAILABILI'T'Y:
STAFF RECOMMENDATIONS
Y.
CITY OF TIGARD, OREGON
RESOLUTION NO.'Q-?.2-
-s,-ar JTmN OF TIM TIGARD CITY COUNCIL REQUESTING AN ANNEXATION PETITION BE
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r�r1Fi�ED TO THE BOUNDARY REVIEW COtAMISSION. (SHORT TITTLE - HOFFMAN
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5; the City of Tigard has received and reviewed a petition for annexation
of tLe Lands described on the attached Exhibit "A"• to the City; and
the petition has been processed in accordance with the procedures
established by the Portland Metropolitan Area Local Government Boundary
Commission; and
7
c- r5, the petition meets the requirements of the triple majority annexation
statute; and
r-=—AS, the lands described in this petition are now zoned in '-4 ashington County
as and the Tigard Comprehensive Plan designates
said lands as g7 �RBAX�IQ I2Fg,S�'T"l
(attach list for multiple Washington County Zones or Comprehensive Plan
Designations)
Cu. THEREFORE,
e R SOL-V=-D: The r;tv r-,,;,nc;i aclmewledces the receipt of this annexation
+�»t cn as attached hereto and made a part hereof and recommends that it be
so_'ed to the Portland Metropolitan Area Local Government Boundary Commission
^» a public hearing and adoption; and further that it is the intent of the
!I% Council to zone this property to the Co-,=.rehensive Plan designation upon
of this annexation by ordinance, following the approval of the Portland
41�-=r'o3..i.tan Area Local Government Boundary Commission.
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