Ordinance No. 83-42 CITY OF TIGARD, OREGON
ORDINANCE NO. 83- #,,7
AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTION OF THE CITY COUNCIL OF
JULY 18, 1983, WITH RESPECT TO S.W. 68TH PARKWAY SANITARY SEWER IMPROVEMENT
DISTRICT (LID #42);APPROVING, RATIFYING AND ADOPTING PLANS AND SPECIFICATIONS
AND ESTIMATES FOR CONSTRUCTION OF SANITARY SEWERAGE IMPROVEMENTS: DECLARING
RESULTS OF HEARING HELD WITH RESPECT THERETO: DIRECTING SOLTCTTATION 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 July 18, 1983, 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
proposed sanitary sewer improvement assessment district were described, and
the Council declared its intention to construct a sanitary sewer and
appurtenances thereto, 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, 10865 S.W. Walnut Street, Tigard, Oregon,
on August 22, 1983, 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 on August 11 and August 18, 1983,
prior to said hearings; and
WHEREAS, said hearing was duly and regularly called to order and held in
Fowler Junior High School at 10865 S.W. Walnut Street, Tigard, Oregon, on
August 22, 1983, at the hour of 8:00 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
propertywithin 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 co ducted;
WHEREAS, pursuant to Council consideration, those parcels of land deeded i
to Tigard Water District and to the State of Oregon will not benefit by
installation of sanitary sewer facilities due to the nature of the use of
their land; and
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ORDINANCE NO. 83--,
Page ,2
` NOW, THEREFORE
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: That all matters set forth in Resolution 83-67 of the City
Council of the City of Tigard, Oregon, a copy of which is
attached and marked Exhibit "A", are made a part of this
ordinance and are approved, ratified and confirmed, except that
the engineer's report is amended to incorporate i.levant public
hearing engineering design testimony,including a provision to
exclude the Tigard Water District and the State of Oregon as not
benefited by this improvement. The boundaries of the area known
as SW 68th Parkway Sanitary Sewer Improvement District as
described in said resolution, and amended by this ordinance are
declared and fixed in accordance with Exhibit "A".
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 within
the boundaries of said SW 68th Parkway Sanitary Sewer LID #43
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 to invite proposals for the construction of
l 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 bid opening date.
Section 4: 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, and it is further declared
x 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 $136,800 for said improvements, shall
be assessed in full, according to benefit against all lands
within said improvement district.
Section 5: _ The Tigard City Council finds that the SW 68th Parkway Sanitary
Sewer 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 SW 68th Parkway
Sanitary Sewer Local Improvement District are hereby authorized
to be issued in the aggregate amount of $136 800. 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 August 27., 1985.
}: Warrants shall be retired as funds are received in accordance
with ORS 287,506.
ORDINANCE NO. 89 _
Page l
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Section ?: The Mayor and City Recorder are hereby authorized to execute the
described warrants in behalf of the City of Tigard.
Section 8: That if further investigation indicates an increase of over 20%
of the originally estimated project cost, the Council and owners
of properties benefited shall be notified and will consider
whether the project should continue.
Section 9: That inasmuch as it is necessary for the peace, health, and
safety of 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.
F PASSED: By the Council, by unanimous vote of all Council members present,
after being read by number and title only, this day of1s �,
1983.
Recorder — City of Ti d
Mayor — City of Tigard
FORM PROVED BY:
Z
.elL1t-
City Attorney
(JHpm/0021S)
01
ORDINANCE NO. 83—�/T
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CITY OF TIGARD, OREGON
RESOLUTION NO. 83- (07
DECLARING AN INTENTION TO CONSTRUCT CERTAIN SANITARY SEWER IMPROVEMENTS WITHIN AN
AREA DETERMINED TO BE A SANITARY SEWER IMPROVEMENT ASSESSMENT DISTRICT TO BE KNOWN
AS SANITARY SEWER IMPROVEMENT DISTRICT NO. 42 FOR S.W. 68th PARKWAY (FRANKLIN TO
ATLANTA) DESCRIBING THE PROBABLE TOTAL COST THEROF; DEFINING THE BOUNDARY OF THE
DISTRICT TO BE BENEFITTED AND ASSESSED; APPROVING AND ADOPTING PLANS AND SPECIFICA-
TIONS FOR THE WORK AND ESTIMATES OF THE CITY'S ENGINEER; AND SETTING PUBLIC HEARING
AND DIRECTING THE GIVING OF NOTICE THEREOF..
WHEREAS, the City Council has accepted Non-remonstrance agreements, petitions
requesting Sanitary Sewer improvements and has ordered preparation
of a preliminary engineering report, pursuantt-bereto, at the Council 's regular
meeting of June 13, 1983, 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 appurtenances 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 state-
meht of the lots, parts of lots and parcels of land to be benefitted and the apportion-
ment 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 aforesaid portion of S.W. 68th
Parkway (Frankl.in to Atlanta) by construction of sanitary sewer facilities and ap-
purtenances 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 assess-
ment district, to be known as S.W. 68th PARKWAY (FRANKLIN TO ATLANTA) Improvement
District, and it is further declared that each lot, part of lot and parcel of land
within said boundaries will especially benefit by said improvements, and that
the total estimated cost of $136,800 for said improvements shall be assessed in full ,
on an equal rate (per acre) basis, against all lands within said improvement. district.
(c) That the plans, specifications and estimates with respect to the improve-
ments 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 22nd day of August, 1983, at the hour of 8:00 p.m. ,
at Fowler Junior High School Lecture Room, 10865 SW Walnut, Tigard, Oregon, be, and
the same are herebyse't as the time and place for hearing and considering objections
or remonstrances to the proposed improvement by any parties aggrieved thereby.
. 1 • J L. • Liu-L L 4n �1P� �1\/ �.
(el That the City Recorder be, and she is riereby, directed to give notice b
causing to have this resolution published in the Tigard Times, issues of August 11,
and August 18, 1983.
/ M Within ten days from the date of the first 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 the City
Recorder a written objection or remonstrance against the proposed improvements.
Dated at Tigard, Oregon this day of 19 X3
k
t
Kayor i y o rgar
ATTEST: k
City Recorder - Lity Jigard
FORM APPROVED BY:
i fftorney
RESOLUTION NO. 83-(,7
Page 2
a
"EXHIBIT A"
A tract of land located in "WEST PORTLAND HEIGHTS", a recorded plat being located
in the S.E. k of Section 36, TIS, R1W and the N.E. k of Section 1, US, R?W, W.M.,
City of Tigard, Washington County, Oregon, being more particularly described as
follows;
Beginning at the S.W. corner of Lot 24 Block 22, said plat, thence on the west
line of said lot 24 north 100 feet to the N.W. corner thereof, thence on the north
line of Lot 23, said Block 22, S 880 53' W 25 feet to the N.W. corner thereof,
thence North 2236.7 feet to the N.W. corner of Lot 24, Block 2, said plat, said
point being on the south right-of-way line of S.W. Atlanta Street, thence on said
right-of-way line N 88° 53" E 620 feet to the N.E. corner of Lot 24, Block 4,
said plat, said point being on the west right-of-way line of S.W. 66th Avenue;
thence on said right-of-way line south 1998.9 feet to the S.E. corner of.Lot 8,
Block 24, said plat; thence S 880 53' W 360 feet to the N.W. corner of Lot 36,
Block 23, said plat, thence south 250 feet to the S.E. corner of Lot 18, said
Block 23; thence S 88° 53' W 130 feet to the -centerline of S.W. 68th Avenue; thence
on said centerline south 100 feet to the north right-of-way line of S.W. Franklin
Street; thence S 880 53' W 105 feet to the point of beginning.
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