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Ordinance No. 74-45 I CITY OF TIGARD, OREGON ORDINANCE NO. 74-_3f S_ AN ORDINANCE REAFFIRMING ORDINANCE NO. 74-37 AND ALL MATTERS SET FORTH IN THE RESOLUTION OF THE CITY COUNCIL OF MAY 20, 1974, WITH RESPECT TO "S.W. MURDOCK STREET SEWER IMPROVEMENT DISTRICT"; DECLARING RESULTS OF THE BID OPENING HELD WITH RESPECT THERETOi REJECTING SAID BIDS; DIRECTING RESOLICITATION OF BIDS FOR CONSTRUCTION:, 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 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 one boundaricn of a PK0P:;5Cd celler irprovement 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, 197=1i, 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, Orego. - 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 objections 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 making of said improvements; and WHNREAS, an ordinance confirming and ratifying said resolution was enacted by the City Council on the 24th day of June, 1974; and WHEREAS, said ordinance further directed invitation of proposals and set the time, date and place of bid opening therefor; and WHEREAS, but one bid was received and said bid is not deemed acceptable; and 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: Page l - ORDINANC.'E No. 74- i Section is That all matters set forth in the resolution of the ' City council of the City of Tigard. Oregon, on May 20, 1974, and in Ordinance No. 74-37, copies whereof are hereto attached marked Exhibit "A" & "B" respectively and 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 hereby reaffirmed. Section 2: That the City Administrator and the City Engineer be, and they are hereby, directed immediately to reminvite proposals for the construction of said improvements by publication in the Daily Journal of Commerce in not less than two consecutive issues, the first publication to be not less than ten (10) days prior to August _ 9, 1974, at the hour of 4:00 p.m., which date and time is hereby desig- nated for the opening of bids in the City of Tigard, Oregon, City Hall, all proposals to be then and there publicly read. Section 3: That inasmuch as it !.s 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 by number and title only, this day of 1974. Recorder - City o(f TigardV APPROVED: By the Mayor, this day of ��� , 1974. 1 j / Mayor -- City Tigard { Page 2 ORDINANCE No. 74- T 0 Y u � } r { i Bids were duly orened in the Office ofcthe Director of Public. Services and Facilities at 4 :00 P.M. July 13 , 1974 The Following Bid was received. !:earnny Brothers Construction Co, $2G ,879 .60 10805 S.W. Lower 3oones Ferry !load Tigard, Oregon, 97223 No Other Bids <..;ere Received. city Recorder f� I a CITY OF TIGARD, OREGON RESOLUTION No. 74-_La_ May 20, 1974 c DECLARING AN INTENTION TO CONSTRUCT CERTAIN SANITARY SEWER IMPROVEMENTS ,IITHIN AN AREA DETERMINED TO BE A SEWER IMPROVEMENT ASSESSMENT DISTRICT, TO BE KNOWN AS S 'M_ 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 accePteu a VeLitI07,, rGgUz=== 9 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 statemext 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 of 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 of 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 *MMIBIT 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 of 516,916.97 for said improvements, shall be assessed in full, on a equal share per lot basis, against all lands within said improvement district. (c) That the plans, specifications and estimates with respect to the saver improvements 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. (d) That Monday, the 10th day of June, 1974, at the hour of 9:00 P.M., at Charles F. Tigard Grade School, 13137 S.W. Pacific Highway, in Tigard, Oregon, be, and the same axle 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 r (e) That the city Recorder be, and she is hereby, directed to give notice by causing to have this resolution published in the 2974 Tigard Times, issues of May 29 and .�`1av 34. -14. (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 "MMISIT 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 _a�!, day of � Al 1974. day - city of Tigard ATTEST: c ty Recorder' Cit I Y of Tigard i t j v u N N � W � 1 rd a � � I 41 t- ie r r r r• r �` oo� v ♦ ♦ P Q F, W -4 ceryl rr4 cerylr.•ai r 4 P4 ♦ • • • • • 4J 41 43 41 F O O O O O Q! y 41 gn y V) to to to to 4 O in Lno �+ f CQ o L in Ln a) � w $4 w to) ON m m Q+ o, O t c x bt-4 o s ® .0 t p�"y ••4 41/ 14 r4 a R qwa IMtl m > $4 3 ' "7 0 � u � 4 ` • O AG �C n c+ O 6 A V4 -4 ro tri � � �� •O rl � j1 1 s s s s s s OD '.�•. N 41 rel y � � pp w �7 O o a o 0 0 0 � « EM BIT "A" That portion of land in Section 11, 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. f - S.W. Murdock Street San. Sewer L.I.D. e ' U CR19112 MURDOCK o 1 � TAX-1.07 300C �/r �,z• i% i%i%u iia:/. /�: It0400 90.10' 404 408 405 L- - �508 6 N Fl6m' 5 _ . W N W 1! 1 m 22 0 2{ 20 2 3 �. �3� 5 - 0 : (P ?a Nanso N�w�rwow �r9 133' 426 O 6 �, 9 96.44' 96.99• e' 503 ` 000 �[) A' S69°WE 193.43 N<00, n� p 2 9 ed l Z �_901 ,yb CR a 116.315;:: 50 oye t GOX rcr e 401 501 !_ �• \ o0 25'\, 5 '. Sa9a30,E 240.0' 0 3 0 .• a b0�� 414 406 409 L� W 403 13s' 26 26 >{ `'7 ,. N - m �- 504 s n•20 p p 4 s .l cc — '' 46.82' 90.0I' y°j eA CR 1959 P 135• 89e,0•w SW MARILYN CT. 407 W 505 s�„412 ° 46 ;07 89._93_' ; SEE MA Ellc ° 5 410 411 m 2S `w1 11 29 30 V1 3 O r 31 b 700 133' A. C', h 506 o ; Q 6 601 600 605 .N N ^ 589° 30'E r r 13563' 800 507 13s 34 �m r1 33� �J _ 32 I 1 �� � .. . ; C 90' yy. . �j80, SWC DARMEL CT. !35' 890 30w N89°30'W a;?9OO 1 ! ) 502 602 aa� t2g 46.5' 60490 Lo ` o �8603 1: -t 3 • l 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 "S.74L S T S NT DIS "; APPROVING, RATIN`2 PT- INATES FOR CONSTRUCTION OF SANITARY SEWER SYSTEM: DECLARING RESULTS OF HEARING HELD WITH RESPECT THERETOs DIRECTING SOLICITATION OF SIDS FOR CONSTRUCTION: PROVIDING FOR THE MAEING OF SAID IMPROVEMENTS AND MCURING AN VZROMa. WHEREAS, a resolution was duly passed by the Cit, Council 02 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 affect as 12 set forth herein in full, by the terms of which the boundaries of a proposed sewer improvement 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 tome 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 MO 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 publishing$ on May 23, 1974 and N&y 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 objections and remonstrances as thus presented prior to and at the hearing represent less than 66-2/3% of the owners of the prop- arty in the area within the improvement assessment district and that the percentage of rmonstrances is not a ban to further proceedings in the mating of said improvements; AREAS, all roceedings to date have been in conformity with 223.387 and 223,35 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: tion : That all matters set forth in the resolution of the City Council of the City of Tigard, Oregon, on PAGE 1 •- ORDINANCE No. 74- 2r T May 20, 1974, 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 set forth herein in full, be, and the same are here- by approved, ratified and confirmed, and the bogndaries of the area known as "S. W. MJRDOCE STREET SEWER IMPROVEMENT DISTRICT" as here- tofore described in said resolution, be, and the same are hereby, declared rad fixed in accordance with said description. Sermon 2: That the City Council of the City of Tigard, having acquired Jurisdiction to order the improveme.it to be made, does hereby authorize and direct the construction of a sanitary sewer line within the boundaries of said "S. W. MURDOC$ STREET SEWER IMPROVEMENT DISTRICT" in conformity in all reasonable particulars with the plans and specifications by said resolution adopted and here- by ratified and confirmed. e_cion : That the City`Administrator and the City Engineer be, _. i7i and TL1Cy ili'O Yi 'O Vf', His OV`unaa ii::�'^-_wa.0�o.a,J vv �u.a ro proposals for the construction of said improvements by publication in the Tigard Tises in not less than'two consecutive issues, the first publication to be not lea4 than tea (10) days prior to 1974, at the hour 'of , which date and time is ere , es nated for the opsning o s n the City of Tigard, Oregon, City Ball, 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 emorijency In 'hereby declared to exist, and this ordinance shall become`efftdtive itpon 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 tiiqes by number and title only, this day of , 1974. C;/ corder rCity of Ugaiif__ APPROVED: By the Mayor, this day of , 1974. or - City or Tz Page 2 - ORDINANCE No. 74