Ordinance No. 79-56 ' CITY OF TIGARD, OREGON
ORDINANCE No. 79-_�*
AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTION OF THE CITY COUNCIL OF JUNE
25, 1979, WITH RESPECT TO ."S.W. 121ST AVENUE SEWER IMPROVEMENT DISTRICT"; APPROVING,
RATIFYING AND ADOPTING PLANS, SPECIFICATIONS AND ESTIMaES FOR CONSTRUCTION OF SANITARY
SEWER SYSTEM; DECLARING RESULTS OF HEARING HELD WITH RESPECT THERETO; DIRECTING
SOLICITATION OF 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 25, 1979, a copy whereof is hereto at-
tacked 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 the boundaries of a
proposed sewer improvement assessment district were described, and the Council declared
its intention 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 Fowler Junior High School at 10865 S.W. Walnut Street in Tigard, Oregon on
July 9, 1979, 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 consecutive publishings on
June 27, 1979 and July 4, 1979 prior to said hearing; and
WHEREAS, said hearing was duly and regularly called to order and held in
Fowler Junior High School at 10865 S.W. Walnut Street in Tigard, Oregon, on July 9,
1979, 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 with-
in 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 property 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;
WHEREAS, all proceedings to date have been in conformity with 223.387 and
223.389 Oregon Revised Statutes and Tigard Municipal Code - Title 13, of the
City of Tigard, and all procedures were regularly and lawfully conducted,
NOW, THEREFORE,
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: That all matters set forth in the resolution of the City Council of the
City of Tigard, Oregon, on June 25, 1979, a copy whereof is hereto attached
market Exhibit "P and by reference herein made a part hereof to the same legal force
P
and effect as if set forth herein in full, be, and the same are hereby approved,
ratified, and confirmed, and the boundaries of the area known as "S. W. 121ST
AVENUE SEWER IMPROVEiviENT DISTRICT" as heretofore described in said resolution, be,
and the same are hereby, declared and fixed 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 sanitary sewer line within the boundaries of said "S.W. 121ST
STREET SEWER IMPROVEMENT DISTRICT" in conformity in all reasonable particulars
"with the piau5 and srp� ifications by said resolution adopted and hereby ratified and
confirmed.
Section 3: That the City Administrator and the City Engineer be, and they are hereby,
directed immediately to invite proposals for the construction of said
improvements by publication in the Tigard Times in not less than two consecutive
the first publication to be not less than ten (10) days prior to S,
1 97 9 , at the hour of 3:00 F. !>s which date and time is hereby designated for the
opening of bids in the City of Tigard, Oregon, City Hall, 12420 S.W. Main 5 :rect,
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 con-
structed 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 two times by number and title only, this
23rd day of �� , 1979.
Recorder - City of T' Ld
APPROVED: By the Mayor, thisdday of ail__, 1979.
ayor - Ci of zgard
ORDINANCE No. 79
i
N
CITY OF TIGARD, OREGON
RESOLUTION No. 79--2J
June 25, 1979
DECLARING AN INTENTION TO CONSTRUCT CERTAIN SANITARY SEWER IMPROVEMENTS WITHIN AN
AREA DETERMINED TO BE A SEWER IIQROVEI4ENT ASSESSMENT DISTRICT TO BE KNOWN AS SEWER
114PROVEI4ENT DISTRICT 15 FOR S.W. 121ST STREET; DESCRIBING THE PROBABLE TOTAL COST
THEREOF; DEFINING THE BOUNDARIES OF THE DISTRICT TO BE BENEFITED AND ASSESSED; AP-
PROVING AND ADOPTING PLANS AND SPECIFICATIONS FOR THE WORK AND ESTIMATES OF THE CITY'S
ENGINEER, AND SETTING PUBLIC HEARING AND DIRECTING TIIE GIVING OF NOTICE THEREOF.
UMEREAS, the City Council has accepted a petition requesting sanitary sewer
improvements and has ordered preparation of a preliminary engineering report,
pursuant thereto, at the Council's regular meeting of January 29, 1979, and
'WHEREAS, pursuant to Chapter 13.04 of Tigard Municipal Code, City Council finds
it expedient and necessary to order the improvement of the hereinbelow 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 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 aforsaid portion of S.W. 121st
Street by construction of sanitary sewer facilities and appurtenances thereto.
(b) That all lands situated within the boundaries described on the attached
"EXHIBIT A" are determined and declared to be a sanitary sewer improvement assessment
district, to be known as "S.W. 121st 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 $27,000 for,said improvements, shall be assessed in full, on an equal share per
lot basis, against all lands within said improvement district.
(c) That the plans, specifications and estimates with respect to the sewer
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 9th day of July 1979, at the hour of 8.00 P.M., at Fowler
Junior High School Lecture Room, 10865 SW Walnut, 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.
RESOLUTION Fo. 79—
v
directed to give notice by
(e) That the City Recorder be, and she is hereby, directed
Times, issues of June 27,
causing
to have this resolution published in the Tigard
1979 and July 41 1979•
Within ten days from the date of the first publication of the notice of
(f) Wi within the
of may make and file with the ,
this resolution ofthe
on nets IT A" heretorattached,amay of the property
boundaries describedagainst the proposed improvements.
City Recorder a written objection or remonstrance
Dated at Tigard, Oregon this
ja
��day of 1979 t
L
Mayor - City of igard
f
ATTEST:
E
City Recorder - City of,V-'a-' -igaxd .
U
{
RESOLUTION No. 79
C
6/25/79
EXHIBIT "A"
S.W. 121st AVENUE
LOCAL. IMPROVEMENT DISTRICT
BOUNDARY
County, Oregon
A parcel of land in Section 3, T-2S, R-1W, W.M. City of Tigard, Washington
being more particularly described as follows:
8 ginning at the Northeast corner of Lot 2, Leron Heights, a subdivision of record
! on; thence N-05°UO'-E 50.00' to a point on the North
in Washington County, Oregon;
right-of-way line of S. W. Ann St.; thence N-85°00'-W 277.82' along the North
right-of-way line of S. W. Ann St. and the westerly ethencetensioS-07°30'fWt 235•On' ,
on the West right-of-way line of S. W. 121st Avenue;
more or less, along said West right-of-way line to anpo`etSo78o18'Nwr�$3185e to
that tract of land recorded in Book 984; Page 56;
the Northwest corner thereof; inenof tha07tractWin along
Shel78e
last said tract and the West l
thence N
Wright recorded in C-No. 78-41903 to the Southwest htrtrctl�toethe Northwest corner
18'-E 115.19° along the southerly line of said Wright
of that tract in deed to0?m18�LWu78ui5'vto the Southwestan and Edna P. acornersh oofesaid Sullivan-
N205, Page 538; thence S
Nash tract; thence S-87°39'-E 165.00' to the Southe13tnecoofnSrWof121s$ Avenue;
Nash tract, said corner being on West right-of-way
thence N-42°40'-E 65.00' mored Jeans:�.tVancilS�ecorded inuthwest rBookner o280l,aPage a619�S-86
land in deed to Charles H. an thence
said corner being on the East right-of-way line of S.4l. 121st Avenue,
N-07°30'-E
22'10"-W 203.83' to the Southeast corner of said Vancil tract;
201 .25' along the East line of said on recorded
dedtinnB oke 843, Page East e868;tto the
in deed to Garry U. and Rosalie Man san rec rner being on the South line of that
Northeast corner of said Manson tractJr. andcGrace F. Richey recorded in Book 716
tract of land in deed to William L. ,
to the Page 318; thence S-82°30'-E 130.0Northeast corner aof st caidQRieheyatractchsaidract;
thence N-07°30'-E 120.00 to
thence S-82°36'-W 69.32
corner being on the South line of said Leron Heights;
along the South line of Leron Heights to the
tSouthhe eastnt corner
of said Lot 2
Leron Heights; thence N-05"04'-E 139.68 to
I