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Ordinance No. 66-28 / i,7_TY OF TIGARD, OREGON ORDINANCE No. 66 -- _ 28 AN ORDINANCE ESTABLISHING A SPECIAL SINKING FUND FOR THE PURPOSE OF PROVIDING FOR PAYMENT OF THE COST OF RELOCATION OF SEWER FACILITIES AT THE INTERSECTION OF BEAVERTON-TIGARD HIGHWAY (Second- ary State Highway #144) and PACIFIC HIGHWAY WEST (Primary State Highway #1W) , PROVIDING FOR DEPOSIT THEREIN OF THE NECESSARY FUNDS, AND DECLARING AN EMERGENCY. WHEREAS, the State of Oregon through its Highway Commission proposes to construct the Pacific Highway West-South Tigard Inter- change section of the Beaverton-Tigard Highway (Secondary State High- way #144) in Washington County, Oregon, in connection with which the State has deemed it necessary to relocate and reconstruct certain sewer facilities of the City of Tigard located within the existing right-of-way of Pacific Highway West (Primary State Highway #1W); and WHEREAS, the total cost of said relocation and reconstruction approximates the sum of $ 38 000.00 , for the payment of a portion of which the City ,has den ed iab lity, and for payment of all of which the City has no present ability to pay under its budget or otherwise; and WHEREAS, the State and the City through negotiations have f ormulated a plan for financing of the costs of the relocation and reconstruction of said sewers by the State and for reimbursement to the State by the City, all in accordance with the terms-set forth on the form of agreement hereto attached, marked Exhibit "A" and by this reference made a part hereof; and WHEREAS, it is the purpose of the City Council of Tigard to hereby establish a financial reserve or special sinking account wherefrom to meet the funding requirements of said agreement (Exhibit "A") and to provide for the deposit therein of revenge: for said purposes, NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: That there is hereby established a financ'.al reserve or sped' i sin eking fund" for the purpose of accumulating and reserving funds pursuant to Section 280.100 et seq. Oregon Revised Statutes, wherewith to meet the funding requirements of the agreement for the relocation and reconstruction of sewer service iaaiiities by the Oregon_State Highway Department as set forth on the attached Exhibit .; "A", by reference made a part hereof, the said fund to be known as "OREGON STATE HIGHWAY SEWER RELOCATIQN SINKING FUND". section 2: That there is hereby required to be deposited in said "Sinking Fund" from sewer connection and sewer service charge budgeted revenues of the City each month beginning with the month of July, 1966, a sum estimated to be 1/120 of the total Page 1 - ORDINANCE-No.66 28 estimated cost of the sewer relocation and reconstruction under the r terms of said agreement (Exhibit "A"), for the time being, until the actual cost thereof becomes available, and effective with the month following the availability of said actual cost, said deposits from said source shall be equal each month to 11120 of said actual cost; that the deposits by this Ordinance required to made into said "Sink- ing Fund" shall have priority as against all other purposes and uses for which said revenues may have been heretofore or hereafter dedi- cated, SAVE AND EXCEPT sewer revenue bonds heretofore issued by the City and outstanding on the date of passage of this Ordinance. Section 3: That the said proposed agreement as hereto attached and by this reference made a part hereof, is hereby adopted, and the Mayor and Recorder of the City of Tigard be, and each of them is hereby authorized and directed to execute the same for and on be- half of the City of Tigard in their respective official capacities, and u_oon execution of said agreement for and on behalf of the Oregon State Eighway Commission, said agreement shall be and become binding in all respectu insofar as the City of Tigard is concerned. Section 4: That there shall be disbursed from said "Sinking Fund" on the first day of AuguEt each year beginning with the year 1967, and for nine (9) years subsequent thereto; to the State of. Oregon through its Highway Commission, such sum as necessary to conform to the requirements of Exhibit "A". Section 5: That nothing herein contained shall be construed as a. waiver or relinquishment by the City of Tigard of the right reserved in Paragraph 2 of the General Provisions of Exhibit "A" for the City to have determined its liability to make the payments therein provided. Section 6: Inasmuch as it is necessary to protect the health, peace and safety of the people of the City of Tigard that pro- vision be made for continuance of sewer service to that portion of the City to which sewer service would otherwise be impaired or dis continued unless said relocation and reconstruction be undertaken promptly, an emergency is hereby declared to exist, and this Ordinance shall become effective upon its passage by the City Counbil and approval by the Mayor. PASSED: By unanimous vote of all Council members present, after being read three times by title only this 27th day of June, 1966, 1a-- Rvcw d r City of Tigard APPROVED: By the Mayor, this 27th day of June, 1966. — and 1 Mayor Ci g Page 2 - ORDINANCE No. 66- 28 r` 5� t �f JLS:ja 6.13.66 A G R E E M E N T THIS AGREEMENT, made and entered into by and between the STATE OF OREGON, ( by and through its State Highway Commission, hereinafter called "State", and CITY \ OF TIGARD, a municipal corporation, acting by and through its city officials, here- inafter called "City"; W I T N E S S E T H: RECITALS: WHEREAS, State proposes to construct the Pacific Highway West-South Tigard Interchange Section of the Beaverton-Tigard Highway, Secondary State Highway No. 144, in Washington County; and WHEREAS, in the construction of said highway it will be necessary to re- construct certain sewer facilities of City located within the existing right of way of Pacific Highway West, Primary State Highway No. 1W; and WHEREAS, City and State wish to enter into an agreement for the purpose of relocating City's sewer facilities as shown on the Oregon State Highway Department sketch attached hereto marked Exhibit "A", and by this reference made a part hereof. Hereinafter all actions necessary to accomplish the propabed adjustment of the con- flicting sewer facilities shall be referred to as "project"; and JHEREAS, City does not have funds available with which to pay for the necessary adjustment of its facilities which conflict with the construction requirements of said project; City has submitted a plan for payment to be made by City to State in equal annual installments for a ten (10) year period. In the first instance, State will pay the contractor for the adjustment of City's facilities, as a part of the general contract; and WHEREAS, State is agreeable to the suggested plan for performing and finan- cing the sewer facilities adjustment; NOW, THEREFORE, the premises being in general as stated in the foregoing RECITALS, it is agreed by and between the parties hereto as follows: THINGS TO BE DONE BY STATE: 1. State approves said Exhibit "A", THINGS TO BE DONE BY CITY and GENERAL PROVISIONS hereof. 2. State shall prepare all plans, let and award all contracts and supervise the construction of said project. 3. State shall aubmit to City for its approval, completed construction plans relating to City's facilities at such time as they become available. 4. State shall advise City of State's contractor's bid for the relocation of City's facilities. , . s JLS:ja 6-13-66 5. State shall, in the first instance, pay the cost of said project. City shall repay State said cost as provided under paragraph 5 of THINGS TO BE DONE BY CITY. THINGS TO BE DONE BY CITY: 1. City shall notify State in writing of its approval of the contractor's bid price for the relocation of the city sewer line, as provided in this agreement prior to State authorizing the contractor to proceed. 2. City shall provide all right of way required on which to construct said project which lies outside of right of way now owned by State. 3. City shall assist in the preparation of plans and specifications for the relocation of City's conflicting facilities when requested by State and shall supply such engineering data as may be required by State to complete a satisfactory design. 4. City shall furnish an Inspector for all work performed by State's con- tractor in adjusting City's facilities. 5. City shall reimburse State the actual total cost incurred by State in the construction of said project. 6. Upon completion of the project, all maintenance and operation of City's relocated sewer facilities shall be performed by and at the sole cost of City. 7. On August 1, 1967, and for nine (9) years subsequent thereto, City shall pay to State oue-tenth of amount resulting from the provisions of paragraph 5 above, without interest. GENERAL PROVISIONS, 1. It is agreed that all work performed by State with respect to the relocation of City's facilities sball be completed to tLe satisfaction of City. 2. City by signing this agreement does not waive its right to bring a declaratory judgment in a court of competent jurisdiction to determine the liability of the parties hereto for the cost of relocating the sewer facilities concerned in this agreement, except that all cost in excess of the most economical adjustment which could be made by State shall be deemed a benefit to City and shall not be subject to such litigation. 3. City shall adopt such ordinances or resolutions as the case may Le and do all other lawful acts necessary to authorize the mayor and recorder to sign this agreement on behalf of City and shall attached a copy of such ordinance or resolution or such other Lawful action as may he necessary to this agreement, which Agreement Page 2 L,w .ILS:j 6-13-66 shall become a part hereof. Prior to signing this agreement, City shall also adopt such ordinances or resolutions as the case may be, and do all other Lawful acts necessary to establish a fund from which the amount due State under this agreement shall be paid, so as to remove said amount due under this agreement from any and all debt limitations that may be provided by the City Charter for indebted- ness. IN WITNESS WHEREOF, the parties herato have subscribed their names and affixed their seals as of the day and ;year hereinafter written. This agreement was approved by the Oregon State Highway Commission on , 1966, at which time the Secretary for the Commission was authorized and directed to sign said agreement for and on behalf of the Commission. Said authority is set forth in Volume . Page - -, Minute Book of the Oregon State Highway Commission. Fioyd Quzry, Secretary APPROVED: Assistant State Highway Engineer APPROVED AS TO FORM: Chief Counsel CITY OF TIGARD, by and through its city officials By ys/ Elui n G Kyl e Mayor By /s/plonnie S. Andrew Recorder ATTEST: Agreement ' Page 3 c