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Ordinance No. 79-86 l! CITY OF TIGARD, OREGON ORDINANCE NO.79- _ AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTION OF THE CITY COUNCIL OF SEPTEMBER 10, 1979, WITH RESPECT TO 'SUMMER HILLS PARK SEWER IMPROVEMENT DISTRICT"; APPROVING, RATIFYING AND ADOPTING PLANS, SPECIFICATIONS AND ESTIMATES FOR CONSTRUC- TION OF SANITARY SEWER SYSTEM; DECLARING RESULTS OF HEARING HELD WITH RESPECT THERETO3 DIRECTING SOLLICITATION OF BIDS FOR CONSTRUCTION; PROVIDING FOR THE MAK- ING 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 September 10, 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 September 24, 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 remon- strances 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 September 12, 1979 and September 19, 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 September 12, 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 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 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 TTGARD nPDATNS AS FOLLOWS: Section l: That all matters set forth in the resolution of the City Council of the City of Tigard, Oregon, on September 10, 1979, a copy whereof is hereto att,,ched :narked Exhibit "A" and by reference herein made a part hereof to the same t r legal force 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 "Summer Hills Park Sewer Improvement District" as heretofore described in said resolution, be, and the same are hereby, declared and fixed in accordance with said description. Section t: 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 "Summer Hills Park Sewer Improvement District" in conformity in all reasonable particulars with the plans and specifications by said resolution adopted and ht:reby ratified and confirmed. Section 3: That the City Administrator and the City Engineer be, and they are here- by, directed immediately to invite proposals for the construction of said improvements by publication in the Tigard Times in not less than two consecu- tive issues, the first publication to be not less than ten (10) days prior to November 7, 1979, at the hour of 3:00 P.M., which date and time is hereby designat- ed for the openi°ng of bids in the City of Tigard, Oregon, City Hall, 12420 S.W. Main Street, all proposals to be then and there publicly read. Section 4: The Tigard City Council finds that the Summerhills Park Local Improvement District improvements are of the character described in ORS 223.205, and that they therefore qualify for financing by general obligation improvement warrants pursuant to ORS 287.502 - 287.510. Section 5: General obligation improvemF;t warrants for the Summerhills Park Local Improvement District are hereby authorized to be issued in the aggre- gate amount of $93,116. The warrants shall bear interest at the rate of 7 percent per annum and shall constitute a general obligation of the City of Tigard that shall mature on or before two years after date of issue, but not later than March 15, 1982. Warrants shall be retired as funds are received in accordance with ORS 287,506, Sect-mon b: The mayor and city recorder are hereby authorized to execute the described warrants in behalf of the City of Tigard. Sect 7: That inasmuch as it is necessary for the peace, health, and safety of the people of the City of Tigard that the said improvements be con- structed with the least possible delay, an emergency is hereby declared to exist, and this ordinance shall become effective upon its passage by the Council and signature by the Mayor. PASSED By the Council, by unanimous vote of all Council members ' resent, after being read two times by number and title only, this � September, 1979. day of Recorder y of Tigar APPROVED.— By the Mayor, this day of September, 1 7�y V "Orty of Tigard ORDINANCE.' No. 79- 36 s. CITY OF TIGARD, OREGON RESOLUTION No. 79-27— i N AN AN INTENTION TO CONSTRUCT CERTAIN SANSTME�NT DISTRICTY SEWER ToBEENTS KNOWNIASI SEWER DECLARING ;. AREA DETERMINED T4 BE A SEWER IMPROVEMENT ASSE DESCRIBING THE PROBABLE TOTAL COST t ER THE DTSTRICT TO BE BENEFITED AND ASSESSED; TMPROV%LSENT DISTRICT �P17 FOR SUrLMER HILLS PARK; ESmrMA2ES OF THE THEREOF; DEFINING THE BOUNDARIES OF AND SETTING PUBLIC HEARING AND DIRECTING THE GIVING OF NOTICE THEREOF. APPROVING AND ADOPTING PLANS AND SPECIFICATIONS FOR THE WOK l;L�v CITY'S ENGINEER, 4 o sanitary sewer preliminary engineering report, pursuant WHEREAS, the City Council has accepted a petition requesting ' and, improvements and has ordered preparation of a PT y i4 19Z9 i thereto, at the Council's regular meeting of Julal e$ City Council ds pursuant to Chapter f Tiga ementnof�the hereinbelow described nlands of the ces thereto, and pursuant it expedient and necessary to o Laes s reifications and by construction of sanitary sewer facilities and app tl;�:reto the City's Engineer as sub andtthe probableted to the ocost lthereof; together with a estimates for t k the statement of the lots, parts of lots ot and Of the pravements whicheachof said elots,dParts apportionment of the total cos of lots and parcels of land shall be assessed on account of the benefits derived; and WHEREAS, the Council finds that said pians, specifications and estimates � satisfactory. `' NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TIGARD as follows: ient and (a) That the City Council does r hereby deemthe itaidpportion of summer aHills nParkeby hereby declare its intenove tion to p _ construction of sanitary sewer facilities and appurtenances thereto. the ached (b) That all lands situated within the boa sanitary described improvementtassessment and it is further "EXHIBIT A" are determined and declared to be a sanitary district, to be known as Summer Bills Park Improvement land District, within said aries declared that each lot, part of lot and parcel of Lathe total estimateddcost of �ll be especially benefited by said improvements, and that 4 on an equal share $ for said improvements, shall be assessed in full, q� 1tF� 7(� — per lot basis, against all lands within said improvement district. to the sewer (c) That the plans, speciiicat¢oeS and engineersabe, and hthe ssame are hereby, adopted improvements as submitted by the tes w Ci-, ^s�ecticr: and ordered to be maintained on file by the City Recorder for public d) That Monday, the 24th day of September, 1979, at the hour of 8:00 P.M., at Cr Junior High School Lecture Room, Fowler 10865 SearinnuandTconsadering objections or, Oregonr be, and e same are hereby set as the time and place for parties aggrieved thereby. remonstrances to the proposed improvement by any f RESOLUTION No 79-,.�° _ (e) That the City Recorder be, and she is hereby, directed to give notice by causing to have this resolution publishished in the Tigard Times, issues of September 12 and 19, 1979. (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 "EXHIBIT 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 d day of 1979. R L.Kakdf - City of Tigard ATTEST: City Recorder - Ci of Tigard t Page 2 RESOLUTION No. 79 SUMMER HILLS PARK L.I.D. - Legal Description Beginning at the Northwest corner of that certain tract of land conveyed to Henry R. Potter and Audrey J. Potter, husband and wife, as described in , Deed Book 434, page 733, Washington County, Oregon Deed Records; said Northwest corner being North 00°01' East, along the West section line, 984.1 feet from the Southwest corner of Section 34, Township 1 South, Range 1 West, Willamette Meridian, Washington County, Oregon; thence continuing along said section line North. 00°04' East 654.1 feet to the Southwest corner, of that certain tract of land conveyed to Glen W. Sweet and Harriet I. Sweet, husband and wife, as described in Book 339, Page 134, said Deed Records; thence East along the South line of said Sweet tract 73.04 feet, thence North 00°04' East, parallel to the West line of said Section 34 a distance of 70.00 feet; thence East 214.92 feet; thence North 73°18'03" East 52.20 feet to the Northwest corner of that certain tract of land conveyed to Mark L. Christen and Patricia M. Christen, husband and wife, as described in Book 1210, Page 919, said Deed Records; thence East 110.00 feet to the Northeast corner of said Christen tract; thence South 85.00 feet to the southeast corner of said Christen tract, also being a point on the South line of said Sweet tract; thence East along the South line of said Sweet tract 846.08 feet to the westerly right-of-way line of County Road No. 358 (S.W. 12th Avenue); thence South 00°01' East along said right-of-way line 635.32 feet to the easterly extension of the North line of a 20.0 foot wide right-of-way as described in Deed Book 350, Page 523, said Deed Records; thence North 89°56'45" West along said easterly extension and the North line of said right-of-way 654.44 feet to the Northwest corner thereof; thence South 00°04' West 20.0 feet to a point on the North line of said Potter tract at the Southwest corner of said 20 foot wide right--of-way; thence North 8905614511 West 640.6 feet to the point of beginning.