Ordinance No. 81-42 `) t
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CITY OF TIGARD, OREGON
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ORDINANCE NO. 81-
AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTION OF THE CITY COUNCXL OF MAY 11,
1g81 ; WITH RESPECT TO S.W. KNOLL DRIVE SEWER IMPROVEMENT DISTRICT (L.I.D. 426);
APPROVING, RATIFYING AND ADOPTING PLANS, SPECIFICATIONS AND ESTIMATES FOR CONSTRUCTION
OF SAID 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.
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WHEREAS, a resolution was duly passed by the City Council of the City of
Tigard at its regular meeting of May 11, 1981, copy whereof is 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 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, 10865 SW Walnut Street, Tigard, Oregon on June 8,
1981 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 improve-
ment; 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 May 21, 1981 and
May 28, 1981 prior to said hearings; and
WHEREAS, said hearing was duly and regularly called to order and held in
Fowler Junior High School at 10865 SW Walnut Street, Tigard, Oregon on June 8, 1981
at the hour of 8:00 P.M.; and
WHEREAS, by the terms of said resolution and publication, written objections
or remonstrances from the owners of not less than 66 2/3% of the property within the
boundaries of said area were invited, and all objectons and remonstrances as thus
presented prior to and at the hearing represent the owners of less than 66 2/3% 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 malting of said improvements;
and
WHEREAS, all proceedings to date have been in conformity with 223.387 and
223.359 Oregon Revised Statutes and Tigard Municipal Code, Chapter 13 of the City of
Tigard, and all procedures were regularly and lawfully conducted;
NOW, THEREFORE,
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
¢� ORDINANCE NO. 81- 4Z
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Section 1: That all matters set forth in the resolution of the City Council of the
City of Tigard, Oregon on May 11, 1981, 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 SW Knoll Drive 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
or order the improvement to be made, does hereby authorize and direct
the construction of a sanitary sewer line within the boundaries of said SW Knoll 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 hereby,
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 the 16th day of
July , 1981, at the hour of 2:30 P.M., which date and time is hereby designated
for the opening of bids in the City of Tigard, Oregon, City Hall, 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 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 three times by number and title only, this 8th day of June,
1981.
Reco der--City of Tigard,/
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APPROVED: By the Mayor, this J day of � _ �, 1981.
ITayorr-City of Tigard
ORDINANCE NO. 8l-
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EXHIBIT "A"
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CITY OF TIGARD, OREGON
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RESOLUTION NO. 81
DECLARING AN INTENTION TO CONSTRUCT CERTAIN SANITARY SE14D IMPROVEMENTS WITHIN AN AREA
DETE'2211 ED TO BE A SEWER IMPROVEMENT ASSESSI4ENT DISTRICT TO BE KNOWN AS LOCAL
II-TROVEMENT DISTRICT NO. 26 FOR SW KNOLL DRIVE: DESCRIBING THE PROBABLE TOTAL COST
THEREOF; DEFINING THE BOUNDARY OF THE DISTRICT TO BE BENEFITED AND ASSESSED, DIRECTING THE
PREPagaTION OF PT--ANS -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 non—remonstrance agreements, petitions
requesting street and sanitary sewer improvements and has ordered preparation of a
preliminary engineering report, pursuant thereto, at the Council's regular meeting of
May 4, 1981.
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 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 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 SW Knoll Drive 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 local improvement assessment
district, to be known as S.W. Knoll Drive Sewer Local 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 $35,000 for said improvements, shall be assessed according to benefit against all
lands within said improvement district.
(c) That the preliminary engineer's report 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 Recorder for public inspection.
(d) That Monday, the 8th day of June, 1981, at the hour of 8:00 PM, at Fowler
Junior High School Lecture Room, 10865 Std 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.
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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 May 21st
and 25th, 1981.
(f) Within ten days from the date of the first publication of the notice
of this resolution of the owners of 66 2/37 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 o jectioa of againSL the proposed improve-
ments.
Dated at Tigard, Oregon this day of 1981.
Mayor - City of Tigard
ATTEST:
City 'Recorder - City of rd
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RESOLUTION NO. $1-tjU
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EXHIBIT "A"
That portion of land in Section 1, Township 2 South, Range 1 West, Willamette
,'ieridi2n, Washington County, Oregon, beginning more particulazxy described as
follows:
Beginning at the N.E. corner of that tract of land conveyed to P.W. & Frona
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Williams as recorded in Book 189 on Page 93 in said County's Deed Records;
thence running North 820 55' West 123.2 feet; thence North 800 24' West 281.1
feet; thence Borth 800 25' West 225.1 feet; thence South 000 45' East 407.9
feet; thence South 600 59' East 196.1 feet; thence South 220 45' 30" West
10 feet, more or less; thence South 670 1 ' East 253.16 feet; thence North 220
47' East 553.65 feet to the point of beginning of this description.
KNOLL DRIVE (San. Sewer) LID description
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