Ordinance No. 81-43 CITY OF TIGARD, OREGON
ORDINANCE NO. 81- 143
CIL OF MAY 11,
AN
ORDINANCE CONFIRMING P.ND RATIFYING THE RESOLUTION
ROVEMENTFDISTRICTCITY
(I IND. #29); APPROV1981
WITH RESPECT TO S.W. TIEDFMAN STREESPECTFICATIONS AND ESTIMATES FOR CONSTRUCTION OF
RATIFYII'IG AND ADOPTING PLANS, HEARING HELD
SANITARY SEWER SYSTEM; DECLARING RE:SUTISUN FPROVIDING FOR THEHMAKINGCOFTSAID TOMPROVE-
ING SOLICITATION OF BIDS FOR CONSTRUCTION;
MENTS, AND DECLARING AN EMERGENCY.
r
WHEREAS, a resolution was duly passed by the City Council of the City of
Tigard at its regular meeting of May 11, 1981, a copy whereof is hereto attached and
b this reference made a part hereof to the same legal force oanse3fsewerfect aimlrovementrtn
y p
herein in full, by the terms of which the boundaries ec a proposed
assessment district were described, and the Council declared its intention to construct y within
t
a sanitary sewer -system and to assess the costs thereof against the propert
the boundaries specially benefited; and I
WHEREAS, by the terms of said resolution a hearing wOreas don, onuly lJune t8, 1981
b
in Fowler Junior High School, 10865 SW alnutStrding' anOpto any parties
at the hour of 8:00 P.M. for the purpose
. aggrieved by the proposaroposed improve-
l to make objections or remonstrances to the p
_
meat; and
gal . of agi,ci hearing was
WHEREAS, pursuant to said resolution, due and ieublishinggs on May 21, 1981
given by publication in the Tigard Times for consecutive p
and May 28, 1981 prior to said hearing; and
WHEREAS, said ?rearing was duly
heet,lTigard,called
OregonaeonaJunee3� in 1981
Fowler Junior High School at 1_0865 SWWalnut S
at the hour of 8:00 P.M. ; and
WIHEREAS, by the terms of said resolution and publi.cationof the �owe��teinobjections
or remonstrances from the owners of not less than 66 he ppercentage of remonstrances
within the improvement assessmentdistrict and
kingaoftsaid improvements; and
is not a ban to further proceedings
WHEREAS, all procenandtTigard Municipal Code®conformity
Chapter 13t�f2the387 Citynd
223.359 Oregon Revised Statutes
of Tigard, and all procedures were regularly and lawfully conducted,
NOW, THEREFORE,
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
ORDINANCE NO. 81-
Page l
,
81 a copy whereof is hereto attached
City of Tigard,
tion 1: That all matters set forth in the legsolutionpf the City Council of the
Sec _ __ Oregon on May 11,
v
and the same are hereby approved,
marked Exhibit "A" and by reference herein made a part hereof to the same lova force
and effect as if set forth herein in full, be, known as and the
ratified and confirmed, and a heretoforees of the describedainasaid resoluttion,,lbe,man Street
Sewer Improvement District as heretofore
with said description
same are hereby declared and fixed in
That the City Council o£ the City of Tigard, having acquired jurisdiction
Section 2: improvement of to be made, does hereby authorize and direct
or order the imp said S.W.
the construction of a sanitary sewin conformity i.nr line within halloreasonablefparticulars lwithmr
Street Sewer improvement District and hereby ratified and confirmed.
plans and specifications by said resolution adoptedare hereby,
Section 3: That the City Administrator and the City Engineer on cand they d
directed immediately to invite proposals for
the
nstwoconsecutive
improvements by publication in the Tigard Times s riur to the 16th_ day I.
which date and time is herebydesigr_ated
issues, the first publication to be not less than ten (10) day p
of July-r 9 lggl, at the hour of 2:Ti Tigard,
on Cit Hall, all proposals to be
for the opening of bids in the City of Tigard, Oreg , Y
then and there publicly read.
That inasmuch as it is necessary for the peace, health, and safety of
Sect and this
the people of the City o Tigardishat theeby saiddecliedrtoeexist,ments be constructed
with the least possible delay, an emergency b the Council and signature by
ordinance- sball become effective upon its passage Y
the Mayor.
PASSED: By the Council, by unanimous vote of all Council members present,
after
being read three times by number and title only,
June, 1981. '
Rec er-City o Tiga
is Y
oda of 1981. I
APPROVED: By the Mayox, th
ayor-City of Tigard
ORDINANCE NO. $la ,
Page 2
EXHIBIT "A" , `'I
CITY OF TIGARD, OREGON
.f
RESOLUTION No. 81-4—
DECLARING
14—DECLARING AN INTENTION TO CONSTRUCT CERTAIN SANITARY SEWER IMPROVEMENTS WITHIN AN
AREA DETERMINED TO BE A SEWER IMPROVEMENT ASSESSMENT DISTRICT, TO BE KNOSdN AS
LOCAL IMPROVEMENT DISTRICT No. 29 FOR S.W. TIEDEMAN STREET: DESCRIBING THE PROBABLE
TOTAL COST THEREOF; DEFINING THE BOUNDARY OF THE DISTRICT TO BE BENEFITED AND
ASSESSED; DIRECTING THE PREP'ARA'TION OF PLANS AND SPECIFICATIONS FOR THE WORK AUD
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 Counci'l's regular meeting
of May 4, 1981, 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
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 oe
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 aforesaid portion of S.W. Tiedeman St,
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 "SW Tiedeman Street Sanitary Sewer 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 $107,000 for said improvements shall be assessed according
to benefit against all lands within said improvement district.
(c) That the preliminary engineers 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 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.
F
' (e) That the City Recorder be, and she is hereby, directed to
e
by causing to have this resolution published in the Tigard Times, issues ofoMay
e
21st and 28th, 1981.
(f) Within ten days from the date of the first publication of the notice
of this resolution of the ow-ners 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
rs``— day of ��j��`' — 1981.
l
Mayor - City of Tigard /`,—
ATTEST:
0
City Recorder - City o Bard
RESOLUTION No. s1-
Page 2
' EXHIBIT "A"
S. W. TIEDEMANN AVENUE
SANITARY SEWER L.I.D.
BOUNDARY DESCRIPTION
A local Improvement District located in Sections 34 and 35 TIS, R1W W.M. City
of Tigard, Washington County, Oregon. The boundary of which is described as
follows:
Couunencing at the southeast corner of that tract of land described in that
instrument recorded as 80033695 Deed of Records to locate the True Point of
Beginning; thence: along the east line of last said deed N-00°24'48"-W 165.56
feet, N-23°57'38"-E 205.26 feet, S-89°59'30"-E 145.23 feet and N-30009'01"-E
116.54 feet to the "True Point of Beginning": said point also being the most
westerly corner of that tract described in Book 919 Page 686; thence: continu-
ing N-30°09'01"-E 250.00 feet; N-09°43'36"-E 82.15 feet; N-39°51 '36"-E 79.66
feet; N-26°35'56"-E 104.59 feet; N-10°16'45"-E 27.85 feet; N-19°21'11"-W 36.81
feet to the south right-of-way of S. W_ Tiaard Street, C.R. No. 916: thence:
east along the south right-of-way to the northeast corner of that tract des-
cribed as Parcel I in Book 819 Page 617; thence: northerly to the southwest
corner of that tract described in Deed Book 419 Page 320 on the centerline of
C. R. No. 916; thence: northerly along the west line of last said deed and that
tract described in Bargin and Sale Deed recorded as No. 79007250 to the north-
west coroner of last said deed; thence east along the north line of last said
deed and the projection thereof to the east line"of that tract described in
Deed Book 834 Page 379; said line also being the West right--of-way of the
Southern Pacific Railroad main track; thence southerly along said east line
534.91 feet; thence leaving said railroad right-of-way south 287.18 feet to
the southeast corner of last said deed; thence west 198.83 feet along the
south line of the last said deed to the southwest corner thereof being on tl,e
east right-of-way of the Burlington Northern Railroad; thence continuing west
c
across the railroad right-of-way to the northeast corner of Lot 7 Greenburg
Heights; thence west along the north line of Lot 7 to a point 157.70 feet east,
of the northwest corner of Lot 7; thence south along the east line of that
tract described in Book 837 Page 518 and the projection thereof to the north
line of Lot 9 Greenburg Heights; thence east along said north line of the north-
east corner of said Lot 9; thence south along the east line of Lot 9 104.00
feet to the northeast corner of "The Meadow", a subdivision of record; thence
e
west along the north line of "The Meadow" to the east right-of--way line of
S. W. Tiedemann Avenue G. R. Alo. A-55; thence northwesterly to the southeast
corner of that tract described in Book 919 Page 586; thence northwesterly along
the southerly line of last said deed 200.00 feet to the Point of Beginning.
S. W. Tiedemann Ave. Sanitary Seger L.I.D.
Boundary Description
Page 2
a
Harris-McMonagle Associates, Inc.
!NGSNEF.KS SURVEYORS
8905 S.W. COMMERCIAL STREET
t_ TIGARD.OREGON 47223
1'0cphime 15031 634.3033
January 29, 1981
City of Tigard
12420 S. W. Main St.
Tigard, Oregon 97223
Attn: Mr. Frank Currie, Director of Public Works
S. W. Knoll Dr. Sanitary Sewer L.I.D.
Gentlemen:
As requested, we have completed our study for the S. W. Knoll Dr.
{i Presented in the attached report is a final layout and preliminary
cosi: estimate for the project.
The estimated project cost is $3,500.00 or $4,375.00 per lot within
the proposed L.I.D..
Sincerely,
Harris-McMonagle Associates, Inc.
8y: Stuart L. Cato, P.E.
SLC:ds
enc.
OF
_S. W. KNOLL DR. SANITARY SEWER L.I.D._
SCOPE:
This report summarizes our study for the proposed S. W. Knoll Dr. Sanitary
Sewer L.I.D.. The proposed L.I.D. would provide sanitary sewer service
to eight (8) lots along S. W. Knoll Dr..
L.I.D. BOUNDARY:
Tha proposed L.I.D. is located in Section 1, T-2S, R-1W, W.M.. It incom-
passes portions of Knoll Acres and Tigardia Terrace Subdivisions and land
Northeast of the subdivisions. The boundary follows established lot lines
or tract boundaries and is shown on Plate I. All tax lot numbers are from
Washington County Assessor's map 2S-1-1BC.
INVESTIGATIONS:
Several routes are available to sewer Knoll Drive. 'There are existing
sewers in S. W. Hunzinker Rd., S. W. Hail Blvd., 175 feet south of Tax
Lot 1700 and 350 feet east of Tax Lot 301.
The location shown in Plate I serves all of the homes and has all sewers
in public right-of-way and requires the minimum amount of line. However,
back portions of Tax Lot 301 and Tax Lots 1500 through 1700 cannot be sewered
by this location. To serve these lower portions of these lots, sewer would
have to- be extended from the park 217 sewer.
BENEFITS:
All lots within the proposed L.I.D. would benefit from sanitary sewer service.
Seven (7) lots have houses on them and one, Tax Lot 1400 is used as a park..
This lot is owned by Knoll Drive Corporation. We could not find any restric-
tions on the use of Tax Lot 1400 for park use only. All of the existing
houses can be sewered from Knoll Drive. Tax Lots 301 and 1500 through'1700
have area for additional buildings. However, the location of the existing
homes is such that any partitioning of these lots from Knoll Drive is doubt-
ful.
Also, the remaining portion of these lots vary from ten to forty feet below
Knoll Dr., which restricts or eliminates providing sewer service from Knoll
Dr. to the rear portion of the lots.
ASSESSMENTS:
We recommend that the assessments be based on a per/lot basis for the eight
(8) tax lots within the proposed L.I.D.. The estimated assessment would be
$4,375.00 per lot.
.t
S. W. Knoll Dr. Sanitary Sewer L.I.D.
Page 2
PROJECT COST:
The project costs are based on unclassified excavation, a normal economic
climate and include 25% for City administration, engineering and contingen-
cies. The per/lot costs are higher than would normally be expected. This
higher cost is due to the fact that approximately one-third of the proposed
construction is outside of the L.I.D. and passes property that is presently
.sewered, and the lane is ten to eighteen feet deep.
The project cost is as follows:
TABLE I
ITEM PROJECT COSTS-
Construction $28,000.00
Administration, engineering &
Contingency 7,000-00
Total Project Cost $35,000.00
Wr(1MMFMATiON:
We recotanend that:
I. Severs be constructed as shown on Plate I.
2. Assessments be on a per/lot basis.
3. All eight (8) lots should be assessed.
F
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LEGEND PLATE
-----S EXISTING SEWER CITY OF TIGARD
PROPOSED SEWER S. W. KNOLL DR.
/I//////1/JiO✓r" L!0 BOUNDARY SEWER R I D
T/L TAX LOT
z �:J LOT NUMBER