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Ordinance No. 70-37 CITY OF TIGARD, OREGON ORDINANCE No. 70- AN ORDINANCE DETERMINING THE FINAL COST OF SEWER IMPROVEMENTS IN THE LERON HEIGHTS SEWER IMPROVEMENT DISTRICT: DETERM-!'!NG THAT THE PROPERTY 3ENEFITED SHALL g-f—AR ALL OF THE COST OF TIIE IMPROVEMENTS; RATIFYING AND ADOPTING THE APPORTION- MENT AND ASSESSMENT OF THE COST TO THE RESPECTIVE LOTS, PARTS OF LOTS AND PARCELS OF LAND WITHIN THE ASSESSMENT DISTRICT ACCORDING TO TIIE SPECIAL AND PECULIAR BENEFITS ACCRUING THERETO FROM THE IMPROVEMENT; SPREADING THE ASSESSMENT; DIRECTING THE CITY RECORDEP TO ENTER ALL ASSESSMENTS IN A SEPARATE LIEN DOCKET OF THE CITY A14D DECLARING SAME TO BE A LIEN ON THE RESPECTIVE PROPERTIES UNTIL PAID; AND DECLARING AN EMERGENCY THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: THE COUNCIL FINDS that by Ordinance No. 59-57 adopted on July 14, 1969, the Council authorized and directed that the construction of a sanitary trunk sewer line within the boundaries of the LERON HEIGHTS SEWER IMPROVEMENT DISTRICT as bounden and described in said ordinance, be undertaken by contract, and that said work has now been completed. Section 2: THE COUNCIL FURTHER FINDS and herebv determines that the total final cost of said improvements within the boundaries of Leron Heights Sewer Improvement District is the sum of $23,014.82, and the Council further finds -And hereby finally determines t:lat all lots, parcels or parts of lots within the boundary of said District as defined by Ordinance No. 69-57 are specially benefited and together shall beth all the cost of said improvement. _ Section 3: THE COUNCIL FURTHER FINDS and hereby determines that the apportionment of said cost of said improvement upon each lot, .part of lot or parcel, as prepared by the City Engineer and as set forth in the attached schedule entitled "Leron Heights Sewer Improvement District", which by reference herein is made a part hereof, is according to the special and peculiar benefits ac-ruing thereto from the improvement. Section 4: The City further finds and hereby determines that the City Recorder of Tigard has heretofore mailed or caused to be personally delivered to the owner of each lot proposed to be assessed, a notice of said assessment, which notice stated the amount of the assessment proposed on that property and also stated a date by, which time objections_shall be filed with the City Recorder: and requiring that any such objections shall state the grounds therefore. Section 5: The City Council Finds that at its regular meeting of September 14, 1970, the City Engineer's estimates of assessments and all objections thereto filed with the City Recorder Page 1 Ordinance No. 70-_17, were duly considered, and the City Council does hereby determine the said assessments to be properly apportioned and according to the special and peculiar benefits accruing to each parcel, part of lot or lot within said sewer improvement district; and each lot, parcel or part of lot as designated in the attached apportionment schedule, be, and the same is hereby, assessed and charged with the total sum shown on the line opposite each thereof, and same shall constitute a lien there-against from and after the passage of this ordinance and entry thereof in the City Lien Record as hereinafter provided. Section u: The City Recorder be, and she is hereby, directed to enter each and all of said lots; parts of lots or parcels and t.�c: amount of assessment thereagainst, as shown by the attached schedule, in the Lien Docket of the City separate from other prior or subsequent assessments, and same shall consti- tute a lien against each respective lot, part of lot or parcel and bear interest at 7$ per annum until paid. Section 7: Inasmuch as it is necessary for the preservation of the public peace, health and safety of the people of the City of Tigard that this ordinance take effect immediately in order that final provision may be made for payment of the cost of construction of said sewer line and the final determination of the assessments therefor, an emergency is hereby declared to exist and this ordinance shall be effective upon its passage by the Council and signature by the Mayor. PASSED; By unanimous vote of all Council members present, after being read three times by number and title only this !4' day of September, 1970. Recorder Ti97!� APPROVED: By the Mayor this a day of September,, 1970. 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