Ordinance No. 79-98 r`
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CITY OF TIGARD, OREGON
ORDINANCE No. 79-C-L-9
AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTION OF THE CITY COUNCIL OF OCTOBER
22, 1979, WITH RESPECT TO "PEMBROOK STREET SEWER IMPROVEMENT DISTRICT"; APPROVING,
RATIFYING AND ADOPTING PLANS, SPECIFICATIONS AND ESTIMATES FOR CONSTRUCTION OF
SANITARY SEWER SYSTEM; DECLARING RESULTS OF HEARING HELD WITH RESPECT THERETO; DIRECT-
ING SOLICITATION OF BIDS FOR CONSTRUCTION; PROVIDING FOR THE MAKING OF SAID IMPROVE-
MENTS, AND DECLARING AN EMERGENCY.
WHEREAS, a resolution was duly passed by the City Council of the City of Tigard
at 1t.9 regular ulLCtiag of October 22, ..197nl� whereof is hereto attached and by
4� a r_nv
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 November
5, 1979, at the hour of 8:00 P.M. for the purpose of affording an opportunity to any
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 October 24,
and October 31, 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 November 5, 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 2/37 of the owners of property within the bound-
aries 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 precentage 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 October 22, 1979, 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 hereby
approved, ratified, and confirmed, and the boundaries of the area known as "Pembrook
Street Sewer Improvement 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 "Pembrook Street
Sewer Improvement District" in conformity in all reasonable particulars with the plans
and specifications by said resolution adopted and hereby 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 consecutive
issues, the first publication to be not less than ten (10) days prior tQ1 December
11, 1979, at the hour of 3:00 P.M. , which date and time is hereby design-
ated for the opening 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 Pembrook Street 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 - 387.510.
Section 5: General obligation improvement warrants for the Pembrook Street Local
Improvement District are hereby authorized to be issued in the agree-
gate amount of $42,731.00. The warrants shall bear interest at the rate of 8 per-
cent 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 February
L, 1982 Warrants shall be retired as funds are received in accordance with
ORS 287.506.
Section 6: The mayor and city recorder are hereby authorized to execute the
described warrants in behalf of the City of Tigard.
Section 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 present, after
being read two times by number and title only, this day of
1979.
Recorder - City of Tigan
APPROVED: By the Mayor, thisday of 1979.
C
`M'ayor - City of igard
ORDINANCE No. 79-_ZL
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CITY OF TIGARD, OREGON
RESOLUTION No. 79-_1
DECLARING AN INTENTION TO CONSTRUCT CERTAIN SANITARY SEWER IMPROVEMENTS WITHIN AN
AREA DETERMINED TO BE A SEWER IMPROVEMENT ASSESSMENT DISTRICT TO BE KNO14N AS SEWER
IMPROVEMENT DISTRICT FOR PEMBROOK STREET: DESCRIBING THE PROBABLE TOTAL COST THERE-
OF: 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 accepted a petition requesting sanitary sewer
improvements and has received a preliminary engineering report, pursuant thereto,
at the Council's regular meeting of October 15, 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 appurtenances thereto, and
pursuant thereto the City's Engineer has submitted to the Council plans, specifica-
tions 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 aforesaid portion of Pembrook Street by
construction of sanitary sewer facilities and appurtenances thereto.
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(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 Pembrook 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
$ 42,731.00 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 5th day of November, 1979, at the hour of 8:00 P.M. , at
Fowler Junior High School Lecture Room, 10865 S.W. 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, r
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RESOLUTION No. 79-�
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(e) That the city Recorder be, and she is hereby, directed to give notice by
causing to have this resolution published in the Tigard Times, issues of October
24 and 31, 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.
Bated at Tigard, Oregon, this ��naC day of �(TjC 1979.
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�Mdy6i`-:'-City o Tigard
ATTEST:
City Recorder — City o igard
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RESOLUTION No. 79— /
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EXHIBIT "A"
Lots 6,7,8 ,� , 'C Block 1 and Lots 1,2,3,4,5, Block 2 Pembrook
Heights, a subdivision of record in Washington County, Oregon
Ticjard Times publish 10/24,31/79