Ordinance No. 68-41 CITY OF TIGARD, OREGON
ORDINANCE No. 68-41
AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTION OF THE
CITY COUNCIL OF MAY 27, 1968 WITH RESPECT TO "O.E.A. TRUNK SEWER
IMPROVEMENT DISTRICT"; APPROVING, RATIFYING AND ADOPTING PLANS,
ES FOR CONSTRUCTION OF SANITARY SEWER
SPECIFICATIONS AND ESTIMAT
SYSTEM: DECLARING RESULTS OF HEARING HELD WITH RESPECT GHERE
FORTT
DIRECTING SOLI ID
OF BIDS FOR CONS'T'RUCTION: 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 May 27, 1968, a 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 sewer improve-
assessment district were described, and the Council declared
its intention to construct a sanitary sewer system and to aeaeas
the costs thereof against the property within the boundaries spec-
ially benefited; and
WHEREAS, by tie terms of said resolution a hearing was duly
called to be held in the Council Chambers at City Hall in Tigard,
Oregon on June 10, 1968 at the hour of 8:00 p.m., for the purpose
of affording an opportunity to any parties aggrieved i�y the proposal
to make objections or remonstrances to the proposed improvement; and
WHEREAS, pursuant toJ•said resolution, due an legal notice
of said hearing was given by publication in the Tigard Times for
two consecutive publishings on June 6, 1968 and May 30, 1968 prior
to said hearing; and 4.
WHEREAS, said hearing was duly and regularly called to order
and held in the Council Chambers at City Hall, Tigard, Oregon on {
June 10, 1458 at the hour of 8:00 p.m., whereat certain persons
appeared and were heard; and
WHEREAS, by the terms of said resolution and publication,
written objectio_is or remonstrances from not less than 66-2/3% of
the owners of property within the boundaries of said area were
- ited, and ;nnuff3Si4nt remonstrances were filed within the time
allowed;
WHEREAS, all proceedings to date have been in conformity with
223,387 Oregon Revised Statutes and Ordinance 62-6 of the City of y
Tigard, and all procedures were regularly and lawfully conducted,
NOW, THSREOFRE,
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: That all matters set forth in the resolution of the City
Council of the City of Tigard, Oregon of May 27, 1968
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 W
set forth herein in full, be, and the same are hereby approved,
ratified and contirmed, and the boundaries of the area known as
"O.B.A. TRUNK SEWER IMPROVEMENT DISTRICT" as heretofore described
in said resolution, be, and the same are hereby, declared and fixed
Page 1 ORDINANCE No. 68-41
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in accordance with said description.
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 sani-
tary trunk sewer lino within the boundaries of said "O.E.A. TRUNK
SEWER IMPROVEMENT DISTRICT" in conformity in all reasonable partic-
ulars 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 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 n,ublication to be not less than ten (10) days prior to July 8,
1968 at the hour of 8:00 p.m., which date and time is hereby
designated for the opening of bids in the Council chambers of the
City Hall, all proposals to be then and there publicly read.
SeCcivi42 That inasmuch as it is necessary for the peace, health,
and safety of the people of the Citv of Tigard that the
said improvements bpi 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 three times and number and
title only, this 10th day of June, 1968.
Recorder Tigard
APPROVED: By the Mayor, this 10th day of June, 1968.
Mayor - City of ig$a
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_` Page 2 - ORDINANCE No. 68-41
I,
RESOLUTION
AUTHORIZING AND RATIFYING LOAN FROM SEWER REPLACEMENT AND
EXPANSION FUND TO THE 110. E. A. SEWER IMPROVEMENT DISTRICT"
AND PROVIDING FOR THE REPAYMENT THEREOF
May 27, 1968
WHEREAS, pursuant to 294.460 O.R.S., a ;oan from any
fund of the City (other than funds created for the purpose of
retiring indebtedness) to any other fund of the City may be
properly authorized by resolution of the City Council; and
WHEREAS, the following sum has heretofore been loaned
from thf, following described .fund of the City to the "O.E.A.
Sewer Improvement District" pending sufficient revenues from
assessments and Bancroft bond sales and interest, to defray
payments required pursuant to the construction contract and
other costs of said Improvement District in the fallowing
amount.
Sewer Replacement and Expansion Fund $1,170.00
NOW, TRETSFFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF TIGARD, as follows:
(1) That loan as heretofore made in the total sum herein-
after set forth from the fund hereinafter stated, to the
Sewer improvement District" for the purpose of pay
meat of construction and other costs with respect to said
Improvement District, be, and the same is hereby ratified
and confirmed:
Sewer ateplacement and Expansion Fund $1,170.00
(2) That the repayment of the above amount from said
"O.E.A. Sewer Improvement District" to said fund be, and the
same is hereby authorized and directed to be made when
funus are available.
y' Dated at Tigard, Oregon, this 27th day of May, 1968.
Mayor, City of Ti rd
J ATTEST
City Recorder, Ci of Tigard
-14
Resolution 68
N O T E
CITY OF TIGARD, OREGON
No. O.E.A. - 1 $1,170.00
FOR VALUE RECEIVED, THE O.E.A. SEWER IMPROVEMENT DISTRICT
in the City of Tigard, Oregon, acknowledges to owe and hereby
promises to pay to the SEWER REPLACEMENT AND EXPAUSIOly FUND*
CI'T'Y OF TIGARD, the Sum of One Thousand One hundred Seventy
and no/100 Dollars [$1 170.00) .
This note is made pursuant to resolution of the City
Council of the City of Tigard duly passed at its meeting of
May 27, 1968, and is given for the purpose of recording an
obligation arising from the temporary transfer of funds for
the purpose of paying construction costs with respect to the
O.E.A. SEWER IMPROVEMENT DISTRICT.
IN WITNESS WHEREOF, The City Recorder has executed this
s .
instrument on behalf of the City of Tigard for the uses and
purposes set forth.
CITY O TIGARD
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