Ordinance No. 79-81 CITY OF TIGARD, OREGON
ORDINANCE No. 79- 2_
AN ORDINANCE ACCEPTING THE PROPOSAL AND OFFER OF THE BOARD OF COMMISSIONERS OF
WASHINGTON COUNTY, OREGON, FOR THE TRANSFER OF JURISDICTION TO THE CITY OF A CERTAIN
COUNTY ROAD, NAMELY S.W. 121St AVENUE OR PART THEREOF WITHIN THE CITY BOUNDARIES
AS DESCRIBED IN COMMISSIONERS RESOLUTION AND ORDER No. 79-188 ; PRESCRIBING AN EF-
FECTIVE DATE AND DECLARING AN EMERGENCY.
WHEREAS, by Resolution and Order No. 79-188 , adopted by the Board of
County Commissioners on the 7th day of August , 1979, Washington County, Oregon,
offered to surrender jurisdiction to the City of Tigard as provided by ORS 373.270
of a certain County road, or part thereof, lying within the boundaries of the
City of Tigard as more fully described in said Resolution and Order No. 79-188 , and
as described on the attached Exhibit "A", by this reference made a part hereof; .XND,
WHEREAS, it appears from the said Resolution and Order No.79-188 that prior
to the adoption of said Resolution and Order No-79-188, due and legal notice was
given of a time and place for public hearing of said proposal and that a public
hearing was regularly held by the Board of County Commissioners with respect to
said proposal on the 7th day of August,1979, 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 road, 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 beat
interests of the people of Tigard to accept the transfer of jurisdiction
over said road, or portion thereof, as described in Resolution and Order No. 79-188
of the Board of Commissioners of Washington County, Oregon, adopted on August 7 ,
1979, and as further described on the attached Exhibit "A", and by this reference
made a part hereof.
Section 2: That pursuant to Section 373.270 (4) and (5) ORS, the City of Tigard
does hereby accept the transfer of jurisdiction of said road, or
portion thereof, described on the attached Exhibit "A",and effective with the
effective date or this ordinance, the jurisdiction of Washington County over such
road, or portion thereof, shall cease and determine and the full and absolute
jurisdiction over the same for all purposes of repair, construction, improvement,
levying and collecting of assessments therefore shall vest in the City of Tigard,
and the same shall be for all purposes considered a public street 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 road, or part thereof, as described on the attached Exhibit"A"'.
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ORDINANCE No. 79-
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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 road, or portion
thereof, be made a matter 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 j./Uaiz;:-.n;:�vote of all Council members present, after
being read two times by number and title only, this -,z 7 71 day of
1979.
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APPROVED: By the Mayor, this qday of Recorder City of
��� , 1979.
ayor City of Tigard
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ORDINANCE No. 79— 1
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IN C� BOARD 07? COUNTY CQMISSICNERS5 - RECEIVED
1 OR WASHINGTON COUNTY, OR i DN AUG 15
in the Matter of Surrender of Jurisdiction of
CITY OF TIGARD
a portion o4 County Road No, 1992 lying within) RESOLUTION AND ORDER #
the corporate limits of! the City of 'Tigard, ) F
Oregon, to the City of Tigard, Oregon. ) NO. 79-188
County Road No. 2389 (T/J) ;
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This matter having been considered by the Board of County Ccumissioners at .
its regular meeting of August; 7, 1979; and
It appearing to the Board that the City of Tigard, Oregon, has requested of
this Board its surrender of jurisdiction of a portion of County Road No. 1992 (S.W. 121st
Avenue) lying wit-hin the corporate limits of the City of Tigard, said road being now
under the jurisdiction of Washington County, Oregon; and
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It appearing to the Board that said road lies within the boundaries of the g
City of Tigard and that jurisdiction over and across said road should be transferred
properly to the City of Tigard; and
It appearing to the Board that by its Resolution and Order No. 79-145, dated
June 25, 1979, it duly requires the setting or a tizro and place of public hearing on
said request and requires that notice of said hearing be posted pursuant to law; and
It ap��ring to the Board that in accordance with said Resolution amid ()rdej.-
not-ice was duly given and public hearing was held on this matter on the 7t1i day of August,
1979, at the hoar of 10:04 o'clock A.M. in w^x-- 402 of the tylash:ington County
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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
proposed surrender of the jurisdiction, and the Board having considered this matter 1_
found that the best interests of Washington County would be served b +•
g Y gian.,tng said 1>
request; the Board hereby
FINDS AND DI;TW11NRS that it is necessary, expedient and in the best interests
of Washington County to surrender jurisdiction to the City of Tigard, Oregon, all of-
the
fthe followtag described road: ;
That portion of County Road fir.). 1992 (S.W. 121st Avenue) in Section 3,
T2S, RlW, €d.M., lying between Sta. 2+20.17 P.O.T. (which is the beginning
point of a tract of land conveyod to Pileen V. rdwa•.•ds in Deed Book 360,
page 89, wash.ington County, Oregon Deed Records, dated 211 Aug. 1954) and
Sta. 11+40.3.1 P.O.T. (the terminus point of that portion transferred to
the: City of Tigard under proceedings .tiled Linder County Road A'o. 2155). t
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and it: is t:.hcrefore ;.
RESOLVED, AND ORDS that 1,kishington County sloes, by this Rosol,uti.on and Order,
wkc an offer to the City of Tigard to surrcmder jurisdiction to said City all. of Cbun;:y
Wad No. 1992 as herein above described lying w.thin the corporate limits of said city,
said offer to be accepted or rejected by that City within a reasonable period of time,-
and
ime;and it is further
RFSOLV[D AND ORDERM that upon the legal adoption of appropriate mtmicipal
® 1egislation by the city of Tigard, Oregon, accepting this offer; the Jurisdiction of
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the County over said County Road No. 1992 as hereinabove described and responsibility
for the maintenance, construction and repair shall cease, and the full' and alasolute
.jurisdiction over said road for all purposes of repair, construction, in-provenent. and
levy and collection of assessments thereof shad vest in the City of Tigard, Oregon, and
the City shall .hen have the sari✓ control, power and jurisdiction of the roar? or portions
thereof as are by its Charter and the laws of the State of Oregon given or granted 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 to the City of Tigard, Oregon, as clue notice of the offer of surrender of
Jurisdiction.
DATED this 7th day of August, 1979.
BOARD OF COUIZTY CMIISSIO\TF.,RS
FOR V&SSRING ON COUNTY, OREMN
3 VOTES AYE Chairman
Recording Secreta`.j°
Ap 110VED AS TO MR14
Assistant County t'Monnsal
For we'..shiariton County.Oregon E
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