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Ordinance No. 69-60 f 1 CITY OF TIGARD, OREGON ORDINANCE NO. 69- GC' AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTION OF THE 4 CITY COUNCIL OF JUNE 23, 1969 WITH RESPECT TO 1198th AVENUE SEWER IMPROVE NT DISTRICT-";,APPROVING, RATIFYING AND , ; FICATIU STIMATES FOR CONSTRIMION OF SANITARY SEWER SYSTEM: DECLARING RESULTS OF HEARING HELD WITH RESPECW THERETO: DIRECTING SOLICRTION (IF 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 23, 1969, a copy whereof is hereto attached and by this reference made a part hereof to the same legal force qnd effect as if set forth herein in full, by the terms of which the boundaries of a proposed sewer improve- ment assessment district were described and the Council declared its intention to construct a sanitary sewer system and to assess the costs hereof against the property within the boundaries spec- ially Ktenefitad; and r WHEREAS, by the terms of said resolution a hearing was duly called to be held in the Tigard Community Center at 8845 S.W. Commer- cial Street in Tigard, Oregon on July 14, 1969 at the hour of 8:00 p.m. � for tho purpose of affording an opportunity to any parties aggrieved by the proposal to make objections of remonstrances to the proposed improve- ment; and WHEREAS, pursuant to said resolution, due and legal notice of sdid hearing was given by publication in the Tigard Times for three {3} consecutive publishings on June 27, July 4, and July 11, 1969 prior to said hearing; and WHEREAS, said hearing was duly and regularly called to order and held in the Tigard Community Center at 8845 S. W. Commercial Street in Tigard, Oregon on July 14, 1969 at 'the hour of 8:00 p.m., whereat certain peksons appeared and were heard; and WHEREAS, by the termF of said resolution and publication, written objections of remonstrances from not less than 66-2/3% of the ovmers of prope.,ty within the boundaries of said area werer Invited, and all objections and remonstrances as thus presented prior to and at the hearing represent less than 66-2/3% of the owners of this property in the area within the improvement assessessment district and that the percentage of remonstrances is not a ban to further proceedings in the making of said improvements; a, WHEREAS, all proceedings to date have been in conformity with 223.387 and 223.359 Oregon Revised Statutes and Ordinance 62-6 of the City of Tigard, and all procedures were regularly and lawfully conducted, f s NOW, THEREFORE, , THE CIM Of' TIGARD ORDAINS AS FOLLOWS: Section 1: That all matters sot forth in the resolution of the City Council of the City of Tigard, Oregon of June 23, 1969 herein made s part hereof to the same legal force and effect-as it- set tset forth herein in full, be, and the same are hereby approved, ratified and confird, and the boundaries of the area known as "98th AVENUE SEWER IMPROVEMENT DISTRICT" as heretofore described in said resolution, be, and the same are hereby, declared and fixed s Page 1 ORDINANCE NO. 69-Co M 5 f 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 line within the boundaries of said "98th AVENUE SEWER IMPROVEMENT DISTRICT" in conformity in all reasonable partic- ` ulars with the plans and specific.ttions by said revolution adopted and hereby ratified and confirvadsi Sections Thot the City Administrator and the City ineer be, and they are hereby, directed immediately Engto invite proposals for the construction of said improvements by publication i.i the Tigard Times in not less than two consecutive issues, the first ppublication to be not less t''dn ten (10) days prior to August ,± 1969-at the hour of 8%00 p.m., which date anis time is hereby designated for the opening of bids in the Council Chambers of the City Ran, 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 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 4- day of July, 1969. 1T6-c--oWe—r---V1VyoTlffM APPROVED: By the Mayor, 'this L�L day of July, 1969. mayor _ r_ or Tigard ,Page 2 ORDINANCE NO. 69-4 c+ a� EXHIBIT RESOLUTION Of THE CITY COUNCIL OF TICAAO, OREGON, DECLARING IN- PBNr'ON TO CONIMRUCT A SANITARY TRUNK SEWER IN AN AREA DETERMINED TO 8$ A SEWER IlWROVE!lM ASSBSSM88TP DIST5tICT TO Ba KNOWN AS 98th AVENUE SZWER INPROVEMERT DISTRICT PROVIDING FOR THE ASSESSt+ Nr OF THE TOTAL COSTS AGAINST ALL LANDS IN TIM DISTRICT AS BEING SPECIALLX BENEFITED AND SETTING A HEARING AR PASSED BY THE CITY COUNCIL OF TIGAARD, OREGON, AT ITS REGULAR MEETING OF JUNE 23, 1969 RESOLUTION 69-8 � WHEREAS, the City Cou, scil proposes to delineate a sewer i:aprovswent assezament district for the purpose of constructingp, sewer trunk line to service the hereinafter described lands within an aM to be known as the 99th Avenue Sewer Improvement District, and %MZREAS, pursuant to Ordinance 62-6 the City Council finds it expedient and necessary to order the improvement of the-herein- after described lands by the construction of sewer trunk facilities and pursuant thereto the City Engineer has submitted to the Council plans,. specifications; and estimates for the work to be done and the probable costs thereof together with a statement of the lots, Parts of lots and parcels of land to be benefited, and the total cost of the improvements whi-.h each of such lots, parts of lots and parcels of lands shall pay on account of the benefits to be derived', and MiEREAS, the City Council finds that such plans, specifications and estimates are satisfactory, NOW, THEREFORE, BE 1T RESOLVED by the Council of the City of Tigard as follows: (iv) That the City Council does dee it expedient and necessary and sloes hereby declare its intention to construct a { sasit" sewer system for the purpose of prariding sewer service to the area within and without the City of Tigard as described on { the attached sheet :larked *Exhibit Am and by reference made a part hereof. (b) Tkat all lands situated within the boundaries described on the attached 'Exhibit A" are determined and declared to be a awar i2lProvemsnt assesa nt district and it is further declared that each lot, part of lots, and parcel of land within said boundaries will be specially benefited by the said improvement and the total estimated cost of said $39,000 for:.zaid,improvsment, $36,000 of whichshall be assessed in full. (c) That the total probable cost of said improvements including engir.oering, right-of-way, superintendence, advertising, and legal ' expense is the sums of $39,000, and of said total sum, $5,000 shall be Paid by the City, and the sum of $34,000 by the property owners and � that said sues are based upon a reasonable relationship between the benefits derived by the properties especially assessed and the benefits derived by the City as a whole a . (d) That the plans, specifications and estimates. with respect tf* tha sever improvement 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. t * a • , (e) That Monday, the 14th day of July 1969 at the hour of 3:o0 p.M. and the Tigard Community Center, 8845 sW Commercial street in Tigard, Oregon, be, and the same are hereby, set as the time and place for hearing and. considering objections or remonstrances to the proposed improvement by any parties aggrieved thereby. (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, issues of June 27, July 3 9. (g) Within ten days from the date of the first publication of the notice of this resolution, the owners of 66 and 2/33 or More area of the property within the boundaries described on "Exhibit A" hereto attached, may make and file with the City Clerk a written objection or remonstrance against the proposed improvement. I Dated at Tigard, Oregon this 2 3 = day of June, 1969. mayor C y ® 1 r _ATTESTS C ty r„car er - w t o T gar �h {� t s = .;s Ax RESOLUTION No. 69-� } [V EXHIBIT "A" 98th Avenue Dewer Improvement Those portions of land located in Section 35, Township 1 South, Range 1 West, Willamette Meridian, and in Section 2, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon; more particularly described as follows: j Beginning at the southeast corner of Lot No. 1 of Greenburg Heights Addition, a subdivision of recoru in Washington County Deed Records, said corner also being the Southwest corner of Lot ND. 8 of Boetchers Addition, a subdivision of record in said County Records; running thence Northerly 1054.2 feet, mora or less, along the Easterly line of the said Greenburg Heights Addition and an extension thereof, to the Northeast corner of Lot No. 3 of Greenburg Heights, a subdivision of record in said County Records; thence South 890 58' West 159.19 feet to a point on the North line of the said Lot No. 3, said point also being the Southeast corner of that tract of land deeded to Borghild 11. Strom as recorded in Book 450, Page 195, Deed Records, Washington County, Oregon; thence, Northerly along the Easterly property line of the said Strom tract, to a point of intersection with the southerly right-of-way boundary .line of S.W. Greenburg Road; thence, running Northwesterly along the said boundary line of Greenberg Road, to a point of intersection with the westerly right-of-way boundary line of S.W. 98th Avenue, thence, continuing along the said Greenburg Road boundary line a distance of 113.57 feet, more or less, to the most :northerly northwest corner of that tract of land deeded to Harold K. 6 Alma D. Hadley as recorded in Book 341, Page 309, Deed Records, Washington County, Oregon; thence, running Southwesterly along the most northerly westerly property line, of the said Hadley tract, and a Southwesterly extension thereof, to a point of inter- section with the Northerly property line of that tract of land deeded to Harold and Margrette Hanna as recorded in Hook 482, Page 227, Dead Records, Washington County, Oregon; thence southerly, parallel with the said westerly boundary line of S.W. 96th Avenue, to a point of intersection with the Northerly right-of-way boundary line of the Southern Pacific Railroad; thence, Southeasterly along the said Railroad boundary line to the Northerly extension of the West line of Lot 59 of the Amended Plat of North T igardville Addition, a subdivision of record in Washington County; thence, South 160 12' West to the Southwest corner of said Lot No. 59, said Southwest c.^rner being a point in the center of Fanno Creek; thence, Easterly and downstream in the center of the said creek and an extension thereof, to a point of intetsection with the centerline of County Road No. 1496 (S.W. Grant Avenue) ; thence, Northeasterly along the centerline of the said .County Road, to a point of intersection with a Northwesterly extension of the most Southwesterly property line of that tract of'land deeded to John H. n Hazel Johansan as recorded in Book 42, Page 692, Deed z<ecorls, county, re n: _r er;r�, .uuc:; "A," 5!- hast a distance ,�f : 1.:. 5 feet, more ^r :ess, to :e Most ''nut?,er1y corner of the said Johanson tract of land; thence, running Northeasterly along tha most Southeasterly property line of the said Johanson tract and extension tnereof, to a point of intersection with the said Northerly right-of-way boundary line of the said Railroad; thence, Northwesterly along the said Railroad boundary line, to a point of intersection with the Westerly right-of-way boundary line of County )toad No. 1447 (S. W. 95th Avenue); thence, continuing Northwesterly along the said Railroad boundary line a distance of 200 feet, to a point on the said Railroad boundary line; thence Northeasterly, and parallel with the said County Road No. 1447, to a point on the South line of 1 the John L. Hicklin Donation land claim No. 54; thence, Westerly along the said Donation Land Claim line, to the point of beginning of this description. Excluding those lands which lie within Railroad right-of- way boundaries and within Public Roadways. a a -q N 'nst N �F Ln O 'n M N '-I Cl Q M r to O M '1d f4 r o 14 to to an co r N O co m �It� tD Cn a" O til Y r N V' .•t r O O to vo co 0+ Ln O1 0 ON OP Go W -W N k' CO N 0 000 r- en M an N r m o o M O N i•i O O O O O 6 •-1 O O O O O Q 0 o H to r r °' .r4 -� ., .a ?� CL to ■ = s s e s ■ ■ z ko to 10 O+ Q _N two r1 to 00 lw M .i O+ an '{ rt 1n N N .i N N rd a@ 04 i yq o s4 N ON w as .d to .�! 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