Ordinance No. 81-08 CITY OF TIGARD, OREGON
ORDINANCE No. 81-
AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTIONS OF THE CITY COUNCIL OF JANUARY
26, 1981 AND FEBRUARY 9, 1981, WITH RESPECT TO SW HAMPTON STREET - STREET It'PROVEMENT
DISTRICT; APPROVING, RATIFYING AND ADOPTING PLANS, SPECIFICATIONS AND ESTIMATES FOR
CONSTRUCTION OF STREET AND SEWER IMPROVEMENTS; 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, resolutions were duly passed by the City Council of the City of Tigard at
its regular meetings of January 26, 1981 and February 9, 1981, copies whereof are 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 street
and sewer improvement assessment district were described, and the Council declared its
intention to construct a sanitary sewer system and street improvements and to assess
the costs thereof against the property within the boundaries specially benefited; and
WHEREAS, by the terms of said resolutions a hearing was duly called to be held in
Fowler Junior High School at 10865 SW Walnut Street in Tigard, Oregon on February 23, 1='i,
at the hour of 8:00 P.M. for the purpose of affording an opportunity to any parties
aggrieved by the proposal to ;rake objections or remonstrances to the proposed improvements;
and
WHEREAS, pursuant to said resolutions, due and legal notice of said hearing was given
by publication in the Tigard Times for consecutive publishings on February 11 & 18, 1981,
prior to said hearing; and
WHEREAS, said hearing was duly and regularly called to order and held in Fowler
Junior nigh School at 10865 SW Walnut Street in Tigard, Oregon, on February 23, 1981, at
the hour of 8:00 P.M.; and
WHEREAS, by the terms of said resolutions and publications, 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 2/37 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 fort-, in the resolutions of the City Council of the
City of Tigard, Oregon, on January 26, 1981 and February 9, 1981, copies
whereof are hereto attached marked Exhibit "A" and by reference 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 boundaries of the area known as Hampton Street -
• Street Improvement District as heretofore described in said resolutions, be, and the same
are hereby declared and fixed in accordance with said description.
ORDINANCE No. 81-
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 Hampton Street -
Street 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 AdminisLra%or and the City Engineer be, and they are hiereby,
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 April 16, 1981
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 SW 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 street and sanitary sewer
improvement 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 improvements,
and that the estimated cost of $430,350 for said improvements, the assessable costs are
estimated to be $376,890 which shall be assessed in full, on a frontage and area basis,
against all lands within said improvement district according to benefit.
Section 5: The Tigard City Council finds 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 - 287.510.
Section 6: General obligation improvement warrants for the Hampton Street Local Improvement
District are hereby authorized to be issued in the aggregate amount of
$376,890. The warrants shall bear interest at the lowest rate, "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 March 31, 1983. Warrants shall be retired as funds are received in
accordance;with ORS 287.506.
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 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 23rd day of
February , 1981.
Recorder
APPROVED: By the Mayor, this 23rd day of February , 1981.
Mayor
PAGE 2
ORDINANCE No. 81- D
EXHIBIT "A"
i
CITY OF TIGARD, OREGON
RESOLUTION No. 81-p�__
DECLARING AN INTENTION TO CONSTRUCT CERTAIN STREET AND SEWER IMPROVEMENTS
WITHIN AN AREA DETERMINED TO BE A STREET IMPROVEMENT ASSESSMENT DISTRICT
TO BE KNOWN AS STREET IMPROVEMENT DISTRICT No. 22 FOR S.W. HAMPTON STREET:
DESCRIBING THE PROBABLE TOTAL COST THEREOF; DEFINING THE BOUNDARY OF THE E
DISTRICT TO BE BENEFITED AND ASSESSED; APPROVING AND ADOPTING PLANS AND
SPECIFICATIONS FOR THE WORT: AND ESTIMATES OF THE CITY'S ENGINEER; AND
SETTING PUBLIC HEARING AND DIRECTING THE GIVING OF NOTICE THEREOF.
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i
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WHEREAS, the City Council has accepted non-remonstrance agreements,
petitions requesting street and sanitary sewer improvements and has t
ordered preparation of a preliminary engineering report, pursuant thereto,
at the Council's regular meeting of August 18, 1980, and s
s
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 street and 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 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 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF
TIGARD AS FOLLOWS :
(a) That the City Council does hereby deem it expedient and
does hereby declare its intention to improve the
necessary, and e y P
aforesaid portion of S.W. Hampton Street by construction of curb, side-
walk, street , storm sewer, sanitary sewer facilities and appurtenances
thereto.
(b) That all lands situated within the boundaries described on the
attached "EXHIBIT A" are deterwined and declared to be a street improve-
ment assessment district, to be known as "SW Hampton 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 $430,350 for
said improvements, the engineering cost of which shall be paid by the
City and the remaining shall be assessed in full , on a frontage and
area basis, against all lands within said improvement district.
(c) That the plans, specifications and estimates with respect to
the 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
F
Recorder for public inspection.
(d) That Monday, the 23rd day of February, 1981, at the hour of
8:00 p.m. , at Fowler Junior High School Lecture Room, 10865 S.W. Walnut,
Tigard, Oregon, be, and the same are hereby set as the time and place = I
for hearing and considering objections or remonstrances to the proposed
improvement by any parties aggrieved thereby.
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(e) That the City Recorder be, and she is hereby, directed to dive '
notice by causing to have tit's resolution pul-14���3ed :n the �'i�T�rd 'P-1
issues of February 11th and 18th, 1981 , b s
f n ten days from the date of the first
( ) Within y publication of the
notice of this resolution of the owners of 66 2/3% or more in area of
the property within the boundaries described on "EXHIBIT A" hereto
attached, may make and file with rhe City Recorder a written objection
or remonstrance against the proposed improvements .
Dated at Tigard, Oregon this day of 1981 .
mayor - City o Tigard
v ATTEST:
City Recor – Qi/-ty.o Tiga- r-r—
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RESOLUTION No. 81--
BOUNDARY DESCRIPTIONS
FOR S.W. HAMPTON STREET
LOCAL IMPROVEMENT DISTRICT
Beginning at the southwest corner of the WEST PORTLAND HEIGHTS
Subdivision, a Subdivision of record filed in Washington County Plat
Records, in Section 1, Township 2 South, Range 1 West, Willamette
: Meridian, Washington, Oregon; thence id Ol" 10` 44" E, of
193.38 feet to the east right-of-way lute of the Orego. State Highway
217; thence along said east sight-of-way line the following courses and
distances: N 31° 14' 52" W, 281.09 feet; N 38° 04' 18" W, 212.87 feet; N
50' 54' 32" W. 110.84 feet; N 50' 481 28" W, 40.48 feet; N 21° 07' 12"
W, 65.05 feet to a point on the south line of Lot 21 BEVELAND NO. 2, s
Subdivision of record in Washington County, said point being 45 feet
easterly of the southwest corner of said Lot 21; thence northwesterly in
a,straight line to a point 10 feet east of the west 'line and 70 feet
WA
north of the south line of said Lot 21; thence northerly parallel .wi.th
kthe west line of said Lot 21 to the north line of said Lot 21; thence
easterly along the north line of Lots 2a, 20 � "-=id BEVELAND NO. 2 to
the center of the now vacated cul-da-sac; thence northerly along said
s centerline to an intersection with the extension of the north line of
Lot, 19 said BEVELAND no. 2; thence easterly along the north line of Lots
ft 19, 18, y7, said BLVELAND N0. 2, to the west line of the said WEST
PORTLAND HEIGHTS Subdivision; thence southerly along said west line to
-an intersection with the emtension of the south line of Lots 18 and 27,
Block 31; WEST PORTLAND SIGHTS; thence easterly along the south line of
Lots 18 and 27, Block 31 WEST PORTLAND HEEGffrS; Lots 18 and 27 Block 32
WEST PORTLAND HEIGHTS; to the centerline of S.W. 68th Avenue (Grant
Street); thence northerly along said centerline to the intersection with
the north line. of Lot 17, Block 33 WEST PORTLAND HEIGHTS; thence easterly
along the north line of Lot 17, Block 33 WEST PORTLAND HEIGHTS to the
Northeast corner of Lot 17, Block 33; thence northerly along the west
line of Lets 29, 30 and 31, Block 33 WEST PORTLAND HEIGHTS to the northwest
corner of said Lot 31 WEST PORTLAND HEIGHTS; thence easterly along She
north line of said Lot 31, Block. 33 WEST PORTLAND HEIGHTS; north line
of Lots 14 and 31, Block 34, WEST PORTLAND HEIGHTS; to the center line
of S.W. 66th Avneue (Garfield Street) ; thence southerly along said S.W.
66th Avenue centerline to the south line of the said `WEST PORTLAND
HEIGHTS Subdivision; thence westerly along said south line to the point
of beginning.
F
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EXHIBIT A"
T CITY OF TIGARD. OREGON [
RESOLUTION No. 81 -11 l
G.ARD CITY COUNCIL REPEALING RESOLUTION No. 81-07 SUBSECTION CB) AND
A RESOLUTION OF THE TI tt
T DISTRICT No. 22 FOR SW
. INSERTING THE FOLLOW'_N01 LANGUAGE REGARDING STREET IWROPE
HAMTTON STREET. _
Section 1: Resolution No. 81-07 Subsection (b) is insufficient in setting
forth the t,
estimated total cost of the said improvements for SW Hampton Street LID
project. '
subsection (b) is
Section 2: The City
Council hereby finds that Resolution . 8to0replace said subsection.
hereby repealed and the following langu gadopted
d on the attached
°tThat all lands determineduated iandndeclared torbesadstreet eimprovement assessment E
"EXHIBIT A" are „ ton Street Improvement District", and it is y;
district, to be known as SW Ham{ within
further declared that each 1 tbeaefited by�said �mgrovementsarcel of �,�and thatthek
boundaries will be P improvements, the assessable costs
total estimated c �
ost of $430,350 for said imp 9
are estimated to be $376,890 which shall be assessAoae�nentudistrnct according
and aaea basis, against all Lands within said imp
to benefit."
9th day of February x1981 at Tigard, Oregon.
DATED this =�-----
MAYOR
ATTEST:
I:
� I
City Recorder
RESOLUTION No. 81-11