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Ordinance No. 81-08 CITY OF TIGARD, OREGON ORDINANCE No. 81- AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTIONS OF THE CITY COUNCIL OF JANUARY 26, 1981 AND FEBRUARY 9, 1981, WITH RESPECT TO SW HAMPTON STREET - STREET It'PROVEMENT DISTRICT; APPROVING, RATIFYING AND ADOPTING PLANS, SPECIFICATIONS AND ESTIMATES FOR CONSTRUCTION OF STREET AND SEWER IMPROVEMENTS; 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, resolutions were duly passed by the City Council of the City of Tigard at its regular meetings of January 26, 1981 and February 9, 1981, copies whereof are hereto attached 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 street and sewer improvement assessment district were described, and the Council declared its intention to construct a sanitary sewer system and street improvements and to assess the costs thereof against the property within the boundaries specially benefited; and WHEREAS, by the terms of said resolutions a hearing was duly called to be held in Fowler Junior High School at 10865 SW Walnut Street in Tigard, Oregon on February 23, 1='i, at the hour of 8:00 P.M. for the purpose of affording an opportunity to any parties aggrieved by the proposal to ;rake objections or remonstrances to the proposed improvements; and WHEREAS, pursuant to said resolutions, due and legal notice of said hearing was given by publication in the Tigard Times for consecutive publishings on February 11 & 18, 1981, prior to said hearing; and WHEREAS, said hearing was duly and regularly called to order and held in Fowler Junior nigh School at 10865 SW Walnut Street in Tigard, Oregon, on February 23, 1981, at the hour of 8:00 P.M.; and WHEREAS, by the terms of said resolutions and publications, written objections or remonstrances from not less than 66 2/37 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 2/37 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 fort-, in the resolutions of the City Council of the City of Tigard, Oregon, on January 26, 1981 and February 9, 1981, copies whereof are hereto attached marked Exhibit "A" and by reference 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 Hampton Street - • Street Improvement District as heretofore described in said resolutions, be, and the same are hereby declared and fixed in accordance with said description. ORDINANCE No. 81- 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 Hampton Street - Street 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 AdminisLra%or and the City Engineer be, and they are hiereby, 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 to April 16, 1981 at the hour of 3:00 P.M., which date and time is hereby designated for the opening of bids in the City of Tigard, Oregon, City Hall, 12420 SW Main Street, all proposals to be then and there publicly read. Section 4: That all lands situated within the boundaries described on the attached Exhibit "A" are determined and declared to be a street and sanitary sewer improvement assessment 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 estimated cost of $430,350 for said improvements, the assessable costs are estimated to be $376,890 which shall be assessed in full, on a frontage and area basis, against all lands within said improvement district according to benefit. Section 5: The Tigard City Council finds that the Walnut 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 - 287.510. Section 6: General obligation improvement warrants for the Hampton Street Local Improvement District are hereby authorized to be issued in the aggregate amount of $376,890. The warrants shall bear interest at the lowest rate, "that . the City can borrow on the date of issuance 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 31, 1983. Warrants shall be retired as funds are received in accordance;with ORS 287.506. Section 7: The Mayor and City Recorder are hereby authorized to execute the described warrants in behalf of the City of Tigard. Section 8: 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 constructed 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 February , 1981. Recorder APPROVED: By the Mayor, this 23rd day of February , 1981. Mayor PAGE 2 ORDINANCE No. 81- D EXHIBIT "A" i CITY OF TIGARD, OREGON RESOLUTION No. 81-p�__ DECLARING AN INTENTION TO CONSTRUCT CERTAIN STREET AND SEWER IMPROVEMENTS WITHIN AN AREA DETERMINED TO BE A STREET IMPROVEMENT ASSESSMENT DISTRICT TO BE KNOWN AS STREET IMPROVEMENT DISTRICT No. 22 FOR S.W. HAMPTON STREET: DESCRIBING THE PROBABLE TOTAL COST THEREOF; DEFINING THE BOUNDARY OF THE E DISTRICT TO BE BENEFITED AND ASSESSED; APPROVING AND ADOPTING PLANS AND SPECIFICATIONS FOR THE WORT: AND ESTIMATES OF THE CITY'S ENGINEER; AND SETTING PUBLIC HEARING AND DIRECTING THE GIVING OF NOTICE THEREOF. 1 i t` WHEREAS, the City Council has accepted non-remonstrance agreements, petitions requesting street and sanitary sewer improvements and has t ordered preparation of a preliminary engineering report, pursuant thereto, at the Council's regular meeting of August 18, 1980, and s s 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 street and 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 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF TIGARD AS FOLLOWS : (a) That the City Council does hereby deem it expedient and does hereby declare its intention to improve the necessary, and e y P aforesaid portion of S.W. Hampton Street by construction of curb, side- walk, street , storm sewer, sanitary sewer facilities and appurtenances thereto. (b) That all lands situated within the boundaries described on the attached "EXHIBIT A" are deterwined and declared to be a street improve- ment assessment district, to be known as "SW Hampton 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 $430,350 for said improvements, the engineering cost of which shall be paid by the City and the remaining shall be assessed in full , on a frontage and area basis, against all lands within said improvement district. (c) That the plans, specifications and estimates with respect to the 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 F Recorder for public inspection. (d) That Monday, the 23rd day of February, 1981, 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 = I for hearing and considering objections or remonstrances to the proposed improvement by any parties aggrieved thereby. r (e) That the City Recorder be, and she is hereby, directed to dive ' notice by causing to have tit's resolution pul-14���3ed :n the �'i�T�rd 'P-1 issues of February 11th and 18th, 1981 , b s f n ten days from the date of the first ( ) Within y 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 rhe City Recorder a written objection or remonstrance against the proposed improvements . Dated at Tigard, Oregon this day of 1981 . mayor - City o Tigard v ATTEST: City Recor – Qi/-ty.o Tiga- r-r— r RESOLUTION No. 81-- BOUNDARY DESCRIPTIONS FOR S.W. HAMPTON STREET LOCAL IMPROVEMENT DISTRICT Beginning at the southwest corner of the WEST PORTLAND HEIGHTS Subdivision, a Subdivision of record filed in Washington County Plat Records, in Section 1, Township 2 South, Range 1 West, Willamette : Meridian, Washington, Oregon; thence id Ol" 10` 44" E, of 193.38 feet to the east right-of-way lute of the Orego. State Highway 217; thence along said east sight-of-way line the following courses and distances: N 31° 14' 52" W, 281.09 feet; N 38° 04' 18" W, 212.87 feet; N 50' 54' 32" W. 110.84 feet; N 50' 481 28" W, 40.48 feet; N 21° 07' 12" W, 65.05 feet to a point on the south line of Lot 21 BEVELAND NO. 2, s Subdivision of record in Washington County, said point being 45 feet easterly of the southwest corner of said Lot 21; thence northwesterly in a,straight line to a point 10 feet east of the west 'line and 70 feet WA north of the south line of said Lot 21; thence northerly parallel .wi.th kthe west line of said Lot 21 to the north line of said Lot 21; thence easterly along the north line of Lots 2a, 20 � "-=id BEVELAND NO. 2 to the center of the now vacated cul-da-sac; thence northerly along said s centerline to an intersection with the extension of the north line of Lot, 19 said BEVELAND no. 2; thence easterly along the north line of Lots ft 19, 18, y7, said BLVELAND N0. 2, to the west line of the said WEST PORTLAND HEIGHTS Subdivision; thence southerly along said west line to -an intersection with the emtension of the south line of Lots 18 and 27, Block 31; WEST PORTLAND SIGHTS; thence easterly along the south line of Lots 18 and 27, Block 31 WEST PORTLAND HEEGffrS; Lots 18 and 27 Block 32 WEST PORTLAND HEIGHTS; to the centerline of S.W. 68th Avenue (Grant Street); thence northerly along said centerline to the intersection with the north line. of Lot 17, Block 33 WEST PORTLAND HEIGHTS; thence easterly along the north line of Lot 17, Block 33 WEST PORTLAND HEIGHTS to the Northeast corner of Lot 17, Block 33; thence northerly along the west line of Lets 29, 30 and 31, Block 33 WEST PORTLAND HEIGHTS to the northwest corner of said Lot 31 WEST PORTLAND HEIGHTS; thence easterly along She north line of said Lot 31, Block. 33 WEST PORTLAND HEIGHTS; north line of Lots 14 and 31, Block 34, WEST PORTLAND HEIGHTS; to the center line of S.W. 66th Avneue (Garfield Street) ; thence southerly along said S.W. 66th Avenue centerline to the south line of the said `WEST PORTLAND HEIGHTS Subdivision; thence westerly along said south line to the point of beginning. F am o EXHIBIT A" T CITY OF TIGARD. OREGON [ RESOLUTION No. 81 -11 l G.ARD CITY COUNCIL REPEALING RESOLUTION No. 81-07 SUBSECTION CB) AND A RESOLUTION OF THE TI tt T DISTRICT No. 22 FOR SW . INSERTING THE FOLLOW'_N01 LANGUAGE REGARDING STREET IWROPE HAMTTON STREET. _ Section 1: Resolution No. 81-07 Subsection (b) is insufficient in setting forth the t, estimated total cost of the said improvements for SW Hampton Street LID project. ' subsection (b) is Section 2: The City Council hereby finds that Resolution . 8to0replace said subsection. hereby repealed and the following langu gadopted d on the attached °tThat all lands determineduated iandndeclared torbesadstreet eimprovement assessment E "EXHIBIT A" are „ ton Street Improvement District", and it is y; district, to be known as SW Ham{ within further declared that each 1 tbeaefited by�said �mgrovementsarcel of �,�and thatthek boundaries will be P improvements, the assessable costs total estimated c � ost of $430,350 for said imp 9 are estimated to be $376,890 which shall be assessAoae�nentudistrnct according and aaea basis, against all Lands within said imp to benefit." 9th day of February x1981 at Tigard, Oregon. DATED this =�----- MAYOR ATTEST: I: � I City Recorder RESOLUTION No. 81-11