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Ordinance No. 74-37 t CITY OF TIGARD, OREGON ORDINANCE NO. 74-.4 AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTION OF THE CITY COUNCIL OF MAY 20, 1974, WITH RESPECT TO "3 W. MIM11 STREET SEWER IMPROVEMENT DISTRICT"; APPROVING, RATIFYING 7�PT- ESTIMATESMIG FOR CONSTRUCTION OF SANITARY SSWER SYSTEM: DECLARING RESULTS OF HEARING HELD WITH RESPECT THERETO: DIRECTING SOLICITATION OF BIDS FOR CONSTRUCTION: PROVIDING FOR THE HARING OF SAID IAIPftOVEMEM , AND DECLA ZG AN EMERGENCY. WHEREAS, a resolution was duly passed by the City Council of the City of Tigard at its regular meeting of May 20, 1974, 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 tiie bv'u:war ia.- of 4 pr-0page ae"r imrovement assessment district were described, and the Council declared its in- tention to construct a sanitary sewer system 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 Charles F. Tigard Elementary School at 13137 S. W. Pacific Highway in Tigard, Oregon on June 10th, 1974, 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 for con- secutive publishings on May 23, 1974 and May 30, 1974 prior to said hearing; and WHEREAS, said hearing was duly and regularly called to order and held in Charles F. Tigard Elementary School at 13137 S. W. Pacific Highway in Tigard, Oregon, on June 10th, 1974, at the hour of 8:00 p.m.; and WHEREAS, by the terms of said resolution and publication, written objections or remonstrances from not less than 66-2/3% of the owners of property within. the boundaries of said area were invited, and all objectiona and remonstrances as thus presented prior to and at the hearing represent less than 66-2/3% of the owners of the prop- erty in the area within the improvement assessment district and that the percentage of remonstrances is not a ban to further proceedings in the. aaung of said improvements; 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 NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: fiction l: That all matters set forth in the resolution of the City Council of the City o? Tigard, Oregon, on PAGE 1 ORDINANCE No. 74-14 r May 20, 1974, a copy whereof is hereto attached marked Exhibit "A" end by reference herein made a part hereof to the same legal force and effect as if set forth herein in full, be, and the same are here- by epproved, ratified and confirmed, and the bodndaries of the area known as "S. V. PNRDOCK STREET SEWER IMPROVEMENT DISTRICT" as here- tofore described in said resolution, be, and the same are hereby, declared and fixed is 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 sanitary serer line within the boundaries of said "S. V. MURDOCK STREET SEWER IMPROVEMENT DISTRICT" in conformity in all reasonable particulars with the plans and specifftations by said resolution adopted and here- by ratified and confirmed. Section 3: That the City Administrator and the City Engineer be, and they are hereby, directed immediately to invite � ps-vj,oanaa tun- %n® vataarh-eii:w.svaa v.k oaiu s:an¢rrv�v�r+�+d uy �uvaaa:ara.+w in the Tigard Tinea in not less than'two consecutive issues, the first blication to be not lest, than ten (10) days prior to , 1974, at the hou_* of `-- a , which date and time is here �t- nested for the opening o n the City of Tigard, Oregon, City Hall, all proposals to be then and there publicly read. Section 4: That inasmuch as it is necessary for theeace, 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 ordnance shall become'effective upon its passage by the Council and signature by the Mayor. PASSID: By-the Council, by unanimous vote of all Council members present, after being read three ti es by number and title only, this , z / day of 1974. i 4 eco er - t0 TI/gard ! APPR09ED: By the Mayor, this day Of , 1974. E IqU or city -Fr Tlgard E b f[ i Page 2 - ORDINANCE No. 74-,,,3,2 i t K r CITY OF TIGARD, OREGON RESOLUTION No. 74-_2a_ May 20, 1974 DECLARING AN INTENTION TO CONSTRUCT CERTAIN SANITARY SEWER IMPROVEMENTS WITHIN AN AREA DETERMINED TO BE A SEWER IMPROVEMENT ASSESSMENT DISTRICT, TO BE KNOWN AS SEWER IMPROVEMENT DISTRICT MR. FOR S.W. MURDOCK STREET ; DESCRIBING THE PROBABLE TOTAL COST THEREOF; DEFINING THE BOUNDARIES OF THE DISTRICT TO BE BENEFITED AND ASSESSED; APPROVING AND ADOPTING PLANS AND SPECIFICATIONS 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 a petition requesting sanitary sewer improvements and has ordered preparation of a pre- liminary engineering report pursuant thereto,at the Council's regular meeting of March 25, 1974, and WHEREAS, pursuant to Ordinance No. 62-6 the City Council finds it expedient and necessary to order the improvement of the herein- below described lands by construction of sanitary sewer facilities and appurentances 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 statement of the lots, parts of lots and parcels of land to be benefited and the apportionment of the total cost of the improvements which each of said lots, parts of lots and parcels or 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 or S.W. Murdock Street by construction of sanitary sewer facilities and appurtenances thereto. (b) That all lands situated within the boundaries described on the attached IMMZBIT A" are determined and declared to be a sanitary sewer improvement assessment district, to be known as "S.W. Murdock Street Improvement District", and it is further declared that each lot, part of lot and parcel of land within said boundaries will be especially benefited by said improvements, and that the total estimated cost of16$_ 916.97 for said improvements, shall be assessed in full on a equal—aarmee per lot basis, against all lands within said improvement district. (c) That the plans, specifications and estimates with respect to the sanver improvements ba 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 10th day of June, 1974, at the hour of 8:00 P.M., at Charles F. Tigard Grade School, 13137 S.W. Pacific Highway, in Tigard, Oregon, be, and the same tae hereby set as the time and place for hearing and considering objections or remonstrances to the proposed improvement by any parties aggrieved thereby. Resolution No. 74-2.4— (c) 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 1974 and Ma 3n 74. (f) 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 "MMIBIT 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 ,t; day of 1974• Mayor - City of T Bard ATTEST: city Recorder - City of Tigard U v H N to W v •Yd O 7 ro a v a � a � 'C7 � •-' '"� � � P h r o r9 r . 41 h P o o rn to to I •04 4J d d d d d d ON aN N CH M f!1 tU d1 UI V1 fA N tl! N 'OC V Vl JN g ro . Y . 3 3 $ 3 4 N N �pp Q r•7 Ln Iri N co Ln tn Ln co CO 44 14 o ro 3 in Ln� rn rn o O j to - ' tP� 0 C O "4 >+ U 4) x O v #, d' W U G V O n "•1 • f? M • 1_ O >r v x C r1 �• I! 1' ra k 04H V dj rl P4 wi _ r o a .-+ v o, +� 41 o � ti ,1. i as � a d e,A�' a °V 14 W .f P 1 Y W •- W IT V � •n r o c o Y-a sit ca to r4 v w � a) 41 00 .,� E4 •.a a ul u v Iwo v O O 4 in ad rot m n © "' 0 r EXHIBIT "A" That portion of land in Section ll, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, being more particularly described as follows: Lot(s) 19,20,21,22, 23, 24, and 25 of DARMEL PLAT 3, a subdivision of record in said County. S.W. Murdock Street San. 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