Ordinance No. 82-39 ,4
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CITY OF TIGARD, OREGON
ORDINANCE NO. 82-,g—
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AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTION OF THE CITY COUNCIL OF JUNE 21,
1982, WITH RESPECT TO SW 74TH AVENUE STREET IMPROVEMENT DISTRICT (L.I.D. #27) ;
APPROVING, RATIFYING AND ADOPTING PLANS, SPECIFICATIONS AND ESTIMATES FOR CONSTRUCTION
OF SAID STREET IMPROVEMENT: 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, a resolution was duly passed by the City Council of the City of Tigard at
its regular meeting of June 21, 1982, 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 street improvement assess-
ment district were described, and the Council declared its intention to construct a
street improvement, and to assess the costs thereof against the property within the
boundaries specially benefited, assessable cost not to exceed $95,000; and
MEREAS, by the terms of said resolution, a hearing was duly called to be held
in Fowler Junior High School, 10865 SW Walnut Street, Tigard, Oregon, on July 12,
1982, at the hour of 7:30 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 on July 1, 1982, prior to said hearings;
and
WHEREAS, said hearing was duly and regularly called to order and held in Fowler
Junior High School at 10865 SW Walnut Street, Tigard, Oregon, on July 12, 1982, at
the hour of 7:30 p.m.; and
WHEREAS, by the terms of said resolution and publication, written objections
or remonstrances from the owners of not less than 66 2/3% of the property within
the boundaries of said area were invited, and all objections and remonstrances as
thus presented prior to and at the hearing represent the owners of less than 66 2/3%
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; and
WHEREAS, 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 lawfully conducted;
NOW, THEREFORE,
IM CITY OF TIGARD ORDAINS AS FOIWWS.
Section 1. That all matters set forth in the resolution of the City Council of the
City of Tigard, Oregon, on June 21, 1.982, 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, except that item "b" therein
shall be construed to read that an assessable cost not to exceed $95,000
shall be assessed in full against all lands within said improvement
district, by the method described, and the boundaries of the area known
as SW 74th Avenue Street 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 authorize and direct
the construction of street improvements within the boundaries of said
SW 74th Avenue Street Improvement District in conformity in all reasonable
particulars with the plans and specifications by said resolution adopted
and hereby ratified, modified 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 the 2nd day of September, 1982, at the hour of 2:30 p.m.,
which date and time is hereby designated for the opening of bids in the 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 constructed
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 three times by number and title only, this '2�— day of
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Recorder - City of and
APPROVED: By the Mayor, this day of J / ._ 1982.
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Mayor - City of Tigard
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ORDINANCE NO. 82- _
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CITY OF TIGARD, OREGON
RESOLUTION NO. 82-2J
DECLARING AN INTENTION 110 CONSTRUCT CERTAIN STREET IMPROVEMENTS WITHIN AN AREA
DETERMINED TO BE A STREET IMPROVEMENT ASSESSMENT DISTRICT TO BE KNOWN AS LOCAL
STREET IMPROVEMENT DISTRICT NO. 27, SW 74TH AVENUE: DESCRIBING THE PROBABLE
COST THEREOF; DEFINING THE BOUNDARIES OF THE DISTRICT TO BE BENEFITED AND
ASSESSED; APPROVING AND ADOPTING THE: PRELIMINARY ENGINEER'S REPORT FOR THE WORK
AND ESTIMATES OF TETE CITY'S ENGINEER; AND SETTING PUBLIC HEARING AND DIRECTING
THE GIVING OF NOTICE THEREOF.
WHEREAS, the City Council has accepted petitions requesting street improve-
ments and has received a preliminary engineering report, identifying general
project scope and probable cost thereof, pursuant thereto, at the Council's
regular meeting of December 14, 1981.
WHEREAS, pursuant to Chapter 13.04 of Tigard Municipal Code, City Council
finds it expedient and necessary to investigate the improvement of the hereinbelow
described lands by construction of street improvements and pursuant thereto
the City's Engineer has submitted to the Council a preliminary engineer's report
for the work to be contemplated 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
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derived; and
WHEREAS the Council finds that said preliminary engineer's report and
estimates are satisfactory.
WHEREAS, the Council adopted Resolution No. 82-38 calling for a public
hearing on this issue to be scheduled for May 24, 1982 at 8:00 p.m.; and
WHEREAS, the Council finds that said hearing date should be set over to
June 14, 1982 for the public health, safety and welfare; and
WHEREAS, the Council adopted Resolution No. 82.44 calling for a public t
hearing on this issue to be scheduled for June 14, 1982 at 8:00 p.m.; and
WHEREAS, the Council finds that said hearing date should be set over to
July 12, 1982 for the public health, safety and welfare;
NOW, THEREFORE, BE IT RESOLVES? 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 aforesaid
portion of SW 74th Avenue by construction of grading, paving, storm
drainage and appurtenances thereto.
(b) That all lands situated within the boundaries described on the
attached "EXHIBIT A" are determined and declared to be a street
t improvement assessment district, to be known as SW 74th Avenue
Local Street Improvement District No. 27, and it is further de-
clare-3 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 $95,000 for said improvements
shall be assessed in full, on an area basis with corner lots being
assessed (�) one-half the lot area outside the 100-year flood-
plain, against all lands within said improvement district.
(c) That Monday, the 12th day of July, 1982, at the hour of 7:30 p.m.,
at Fowler Junior High School Lecture Room, 10865 SW Walnut, Tigard,
Oregon, be, and the same is hereby set as the time and place for
hearing and considering objections or remonstrances to the proposed
improvement by any parties aggrieved thereby; however,
(d) That plans, specifications and estimates with respect to the improve-
ments shall be submitted by the City's engineers and shall be maintained
on file by the City Recorder for public inspection at least 10 days
prior to the public hearing.
(e) Within ten days from the date of the publication of the notice of
this resolution, the owners of 66 2/3% or more in area of the property
within the boundaries described on "EXHIBIT A" hereto attached, may
have and file with the City Recorder a written objection or remon-
strance against the proposed improvements, and such written objections
or remonstrances shall be a bar to any further proceeding for six (6)
months.
(f) That the City Recorder be, and she is hereby directed to give notice
by causing to have this resolution published in the Tigard Times issue
of July 1, 1982.
Dated at Tigard, Oregon this _i/ _ day of
Mayor
ATTEST:
City Recorder
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RESOLUTION NO. 82-.r
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EXHIBIT "A"
S.W. 74Th AVENUE
LOCAL STREET IMPROVEMENT DISTRICT NO. 27
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 a TRUE POINT OF
BEGINNING, said point also being on the Westerly line of the 100 foot wide
Southern Paci�ic Railroad right-of-way;
THENCE, Southeasterly along the Westerly right-of-Way of said Southern Pacific
Line and the Easterly 'line of said Fanno Creek Acre Tracts, a distance of
808.63 feet to the S.E. corner of lot 23, said Fanno Creek Acre Tracts;
THENCE, Westerly along the South line of said Lot 23 and the Westerly extension
thereof, 435 feet, more or less to the East line of S.W. 74th Avenue, which
abuts the West line of said old Oregon Electric Railway Right-of-Way (Burlington-
Northern Railroad) ;
THENCE, Southerly along the East line of said 74th Avenue to the Southeast:
corner of Lot 16 of said Fanno Creek Acre Tracts;
ITENCE, Westerly along the South line of said Lot 16 to its Southwest corner;
THENCE, Northerly along the West line of said Fanno Creek Acre Tracts and
its northerly extension, a distance of 1,480 feet more or less to the South
dine of S.W. Bonita Road;
THENCE, Easterly, along the South right-of-way line of S.W. Bonita Road a a
distance of 510 feet more or less to a point on the East boundary of the 50
foot Old Oregon Electric Railway right-of-way (Burlington-Northern Railroad)
on the South line of the S.W. Bonita Road right-of-way;
THENCE, Southerly a distance of 532.5 feet more or less along the East line of
said Old Oregon Electric Railroad right-of-way (Burlington-Northern Railroad)
to a point which is 120 feet Northerly along said East line of the Burlington
Northern Railroad right-of-way and Westerly 30 feet from the Northwest corner
of Lot 21, said Fanno Creek Acre Tracts.
T`H12�"E, Easterly a distance of 140 feet more or less to the Westerly line of the
Southern Pacific Railroads'100 foot right-of-way;
TPI , Southeasterly along said Westerly line 130 feet to the TRUEPOYNT OF
BEGINNING.
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RESOLUTION NO. 82-
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