Loading...
Ordinance No. 78-82 t i CITY OF TIGARD, OREGON 4 i ORDINANCE No. 78- AN ORDINANCE ACCEPTING THE PROPOSAL AND OFFER OF THE BOARD OF COMMISSIONERS OF WASHINGTON COUNTY, OREGON; FOR THE TRANSFER OF JURISDICTION TO THE CIIf TY OF CERTAIN COUNTY ROADS OR PARTS THEREOF WITHIN THE CITY BOUNDARIES AS DESCRIBED IN COMMISSIONERS RESOLUTION AND ORDER No. 78-244; PRESCRIBING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. WHEREAS, by Resolution and Order No. 78-244, adopted by the Board of County Commissioners on the 14th day of November, 1978, Washington County, Oregon, offered to surrender jurisdiction to the City of Tigard as provided by ORS 373.270 of certain County roads, or parts thereof, lying within the boundaries of the City of Tigard as more fully described in said Resolution and Order No. 78-244, and as described on the attached Exhibit "A", by this reference made a part hereof; and . k WHEREAS, it appears from the said Resolution and Order No. 78-244 that prior to the adoption of said Resolution and Order No. 78-244, due and legal notice was given of a ` time and place for public hearing of said proposal and that a public hearing was regularly K held by the Board of County Commissioners with respect to said proposal on the 14th day of November, 1978, and that thereafter the Board of Commissioners determined that it is necessary, expedient and for the best interests of the County to surrender jurisdiction over said County roads, or portions thereof, to the City, all as provided by Section 373.270 ORS. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: ' Section 1: The Council finds that it is necessary, expedient and for the best interests of the people of Tigard to accept the transfer of jurisdiction over roads, or portions thereof, as described in Resolution and Order. No. 78-244 of the Board of , Commissioners of Washington County, Oregon, adopted on November 14, 1978, and as further described on the attached Exhibit "A", and by this reference made a part hereof. I Section 2: That pursuant to Section 373.270 (4) and (5) ORS, the City of Tigard does hereby accept the transfer of jurisdiction of those roads, or portions thereof, described on the attached Exhibit "A", and effective with the effective date of this ordinance, the jurisdiction of Washington County over such roads, or portions thereof, shall cease and determine and the full and absolute jurisdiction over the same for all purposes of repair, construction, imporovement, levying and collecting of assessments therefore shall vest in the City of Tigard, and the same shall be for all purposes considered public streets for the City. Section 3: That a certified copy of this Ordinance shall be forwarded forthwith by the City Recorder to the Board of Commissioners of Washington County, Oregon, and a copy thereof placed in the permanent road records of the City of Tigard to thereby record in : perpetuity the jurisdiction of the City of Tigard with respect to the said roads, or parts thereof, as described on the attached Exhibit "A". Section 4: Inasmuch as it is necessary for the peace, health and safety of the people of the City of Tigard, that the jurisdiction of said roads, or portions thereof, be Tnarle a mat-for of immediate record, and to enable the City to exercise such jurisdiction in all respects, an emergency is hereby declared to exist and this Ordinance shall become effective ` upon its passage by the Council and approval by the Mayor. PASSED: By the Council, by'/1/lul,e� :1 i�.t vote of all. Council members present, after being read two times by number and title on.1 this 11 day of 1978. i _.. Recot r Cit fof Tigan APPROVED: By the Mayor, this 11 day of , �v. 197€x_ aFf vori v of �_�ar County Road No. 2379 (T/J) Ex1libit "All Washington County Roads proposed to be tr,-nsferred to the City of Tigard, namely - 1. S.W. Tiedenan Avenue (Co. Rd. No. A-55) : All that portion thereof lying between the north line of The Meadow, a subdivision of record in said County, and the division line between the north and south halves of the J. Hicklin D.L.C. No. 54; also,., E S.W. Tiedeman Avenue (Co. Rd. No. 495) : All that portion thereof lying between the south line of that tract described in Book 263 on Page 2.57, in Washington County, Oregon Deed Records, and the south line of CLYDESDALE, a subdivision of record in said County. 2. S.W. Tigard Street (Co. Rd. No. 767): All that portion thereof lying between the Division line between the north and south halves of the John L. Hicklin D.L.C. and the north line of Int 10 of CJEFIMU17G H GHTS ADDITION, a subdivision of record in said County. 3. S.W. Greenburg Road (Co. Rd. No. A-130) : All that portion thereof lying between the northwesterly right-of--way line of S.W. Pacific Highway and the centerline of S.W. 95th Avenue. 4.. S.W. Bonita Road (Co. Rd. No. 636) : All of County Road No. 636; also S.W. Bonita Fuad (Co. Rd. No. 736) : All that portion of C.R. No. 736 lying between the beginning point thereof and the east line of Lot 66 of DURHAM ACRES, a subdivision of record in said County; also.. 5, S.W. Lipper Boones Ferry Road (Co. Rd. No. 534) : All that portion of C.R. No. 534 � lying between the beginning point thereof and angle point No. 1 of said road. 6. S.W. Frewing Street (Co. itii. No. 713) Ali that portion thereof lying between a point which bears S. 530 16' E. 178.2 feet and south 490 22' E. 62.1 feet from the most northerly corner of Lot 19 of FREWINGIS OP.CIARD TRACT, a subdivision of record in said County, and the most easterly corner of said lot; also... S.W. Frewing Street (Co. Rd. No. 713) : All that portion thereof lying between the most northerly corner of Lot 17 of FREWING°S OR©1ARD TRACT, a subdivision of reoord in said County, and the northwest right-of-way line of S.W. Ash Avenue as dedicated in said FREWING ORCHARD TRACT. 7. S.W. Pfaffel Street (Co. Rd. No. 975) : All that portion thereof lying between the terminus point of C.R. No. 975 and the centerline intersection of S.W. 82nd Avenue— (C.R. No. 1790) . 8. S.W. Shady Lane: All that portion thereof lying easterly of the east right-of-way line of S.W. Greenburg Road. 9. S.W. Garden Places All that portion thereof lying within the platted boundaries of TIGARD FQM GARDENS, a subdivision of record in said County. ORDINANCE No, 78 Paee1 of 2 - Exh ,bit< "All AW - Pdcje e.2 - Wlibit "A# � 7 10. S.W. 122nd Avenue (Co. -Rd. No. 358) : . All that Portion thereof lying between the westerly extension of the north line of that tract dedicated to the public by deed recorded in Book 1123, Page 956 and angle point No. 2 of said C.R. No. 358. 11. S.W. 121st Avenue. (Co. Rd. No. 1992) : ,ll that portion of C.R. No. 1992 lying been the beginning point of C.R. No. 2005 and the centerline intersection of S.W. Burlheights Street; also... S.W. 121st Avenue (Co. Rd. No. 2005) : All that portion of C.R. No. 2005 lying between the beginning point thereof and angle point No. 1 Station 6+45.1) . 3.2. S.W. 98th Avenue (Co. Rd. No. 2048) : All that portion thereof lying between the north line of Tract "G' of SUNMGRFIELD No. 4, a subdivision of i record in said County, and terminus Point No. 1 of C.R. No. 2048. 13. S.W. 92nd Avenue (Co. Rd. No. 2076) : All of C.R. No. 2076. 14. S.W. 74th Avenue (Co. Pd. No. 1042) : All that portion thereof lying between the south line of that tract of land as described in Book 339, Page 290, Washington County, Oregon Deed Records, and the north line of Lot 18 of FANNO CFTC ACRES TRACTS, a subdivision of record in said County. 150 S.W. 72nd Avenue (Co. Rd. No. 245) : All that portion thereof lying between the terminus point of C.R. No. 245 and the south line of Lot 15 of FRUITLAND ACRES, a subdivision of record in said County; also... S.W. 72nd Avenue (Co. Rd. No. 472) : All that portion thereof lying between the north line of Lot 2.1 of BEVELAND No. 2, a subdivision of record in said County, and the terminus Point of C.R. No. 472; also... S.W. 72nd Avenue (Co. Rd. No. 245) : All that portion thereof lying between the terminus point of C.R. No. 472 and the beginning point of C.R. No. 245; also... S.W. 72nd Avenue (Co. Rd. No. 126) : All that portion thereof lying between the beginning point of C.R. No. 245 and the beginning point of C.R. No. 126; also... S.W. 72nd Avenue (Co. Rd. No. 922) : All that portion thereof lying betwmen the beginning point of said C.R. No. 922 and the south line of ROSEWOOD ACRE TRACTS, a subdivision of record in said County. 16. S.W. 68th Avenue (Co. Rd. No. 1600) : All that portion thereof lying between the terminus point of C.R. No. 1600 and the south right-of-way Line of Seventh Street (S.W. Clonzaga Street) as dedicated in West Portland Heights, a subdivision in Washington County, Oregon. I7. S.W. 67th Avenue (Co. Rd. No. 1601) : All that portion thereof lying between b`�e terminus point of C.R. 110. j<<nl and the scuth rinht-of-way line of Seventh Street (S.W. Gonzaga Street) as dedicated in West Portland Heights, a subdivision in Washington County, Oregon. ORDINANCE No. 78- Page 2 of 2 - Exhibit "A" IN THE BOARD OF COUN'T'Y CMUSSIONERS FOR WASHING" COUN`T'Y, OREGON In the Matter of Surrender of Jurisdiction ) of certain county roads as described in Ue) RFSOL'UI'ICV AND ORDER attached Exhibit "A" lying within the ) corporate limits of the City of Tigard, ) NO. Oregon, to the City of Tigard, Oregon. ) County Road No. 2379 (T/J) This matter having been considered by the Board of County Commissioners at its regular meeting of M vem--r 14, 1978; and It appearing to the Board that the City of Tigard, Oregon, has requested of this Board its surrender of jurisdiction of certain county roads as described in the attached Exhibit "A" lying within the corporate limits of the City of Tigard, said roads being now under the jurisdiction of Washington County, Oregon; and It appearing to the Board that said roads lay within the boundaries of the City of Tigard and that jurisdiction over and across said roads should be transferred properly to the City of Tigard; and It appearing to the Board that by its Resolution and Order :4o. 78--229, dated October 10, 1978, it duly requires the setting of a time and place of public hearing on said request and requires that notice of said hearing be posted pursuant to law; and It appearing to the Board that in accordance with said Resolution and Order, notice was duly given and a public hearing was held on this matter on the 14th day of November, 1978, at the hour of 7:30 o'clock p.m. in Room 402 of the Washington County a Administration Building, Hillsboro, Oregon; and It appearing to the Board that at said public hearing the Board heard the matter and considered objections and testimony offered by all persons interested in the a proposed surrender of the jurisdiction, and the Board having considered this matter found that the best interests of Washington County would be served by granting said request; the Board hereby FINDS AND DETERMINES that it is necessary, expedient and in the best interests of Washington County to surrender jurisdiction to the City of Tigard, Oregon, those certain county roads as described in the attached Exhibit "A", lying within the corporate limits of the City of Tigard; and it is therefore RESOLVED AND ORDERED that Washington County does, by this Resolution and Order, make an offer to the City of Tigard to surrender jurisdiction to said City all of those wr certain county roads as described in the attached Exhibit ''A" Tying within he corporate limits of said city, said offer to be accepted cr rejected by that City within a reasonable period of time; and it is further RESOLVED AND ORDERED that upon the legal adoption of appropriate municipal legislation by the City of Tigard, Oregon, accepting this offer, the jurisdiction of the County over said county roads as hereinafter described in the attached Exhibit "A" and responsibility for the maintenance, construction and repair shall cease, and the full and absolute jurisdiction over said roads for all purposes of repair, construction, improvement and levy and collection of assessments tluLreof shall vest in the City of Tigard, Oregon, and the City shall then have the same control, power and jurisdiction of the roads or portions thereof as are by its Charter and the laws of the State of Oregon given or granted s over any of the public streets and alleys of said City; and it is further RESOLVED AND ORDERED that the Clerk of the County Board of Commissioners be, and hereby is, authorized and directed to forward a conformed copy of this Resolution and Order tc; the City of Tigard, Oregon, as due notice of the offer of surrender of jurisdiction. DATED this 14th day of November, 1978. i BOARD OF COUNTY CC WISSIGNERS FOR FASHINGDGN COUNTY, ORff�aq Chairman , 5 Votes aye t q i Recording Secret7ry F APPROVED AS T EO sststant, unty Counsel F WaO.4.1cjtun Cuunty,Greyon Page 2 - R&O CR 2379 (T/3)