Ordinance No. 82-40 CITY OF TIGARD, OREGON
ORDINANCE NO. 82- '(o
AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLJTION OF THE CITY COUNCIL OF JUNE 21,
1982, WITH RESPECT TO SW MCKF14ZIE STREET (STREET) IMPROVEMENT DISTRICT (LID #36) ;
APPROVING RATIFYING AND ADOPTING PLANS, SPECIFICATIONS AND ESTIMATES FOR CONSTRUCTION
OF SAID STREET IMPROVEMENT; DECLARING RESULTS OF HEARING HFL? 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 June 21, 1982, 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 street improvement assess-
ment district were described, and the Council declared its intention to construct
street improvements 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 July 21,
1982, at the hour of 7:30 p.m. for the purpose of affording an opportunity to any
parties aggrieved by the proposal to make objections or remonstrances 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 on July 1, 1982, 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 July 1.2, 1982, at
the hour of 7:30 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 objections 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 making 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 TIGAR.D ORDAINS AS FOLLOWS:
Section 1: That all matters set forth in the resolution of the City Council of the
Cite of Tigard, Oregon, on June 21, 1982, 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, except that the
engineer's report be amended to incorporate relevant public hearing
engineering design testimony, therenregard, and the boundaries
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of the area known as SW McKenzie Street (Street) Improvement District
as heretofore described in said resolution, be, and the same are hereby j
4 declared and fixed in accordance with said description.
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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 street improvements within the boundaries of said j
SW McKenzie 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 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 2nd day of September 1982, at the
hour of 3:30 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
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 -)�'_ day of ,
1982.
// Recorder - City of Tig d-"
APPROVED: `Sy the Mayor, this �_ day of 1982.
Mayor - City of Tigard
ORDINANCE NO. 82-,413
Page 2
Tell,
CITY OF TIGARD, OREGON
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RESOLUTION NO. 82-,:55'
DECLARING AN INTENTION TO CONSTRUCT CERTAIN STREET IMPROVEMENTS WITHIN AN AREA
DETERMINED TO BE A STREET IMPROVEMENT ASSESSMENT DISTRICT `I'G BE KNOWN AS LOCAL
STREET.' IMPROVEMENT DISTRICT NO. 36, SW MCKENKIE: DESCRIBING THE PROBABLE COST '
THEREOF; DEFINING THE BOUNDARIES OF THE DISTRICT TO BE BENEFITED AND ASSESSED;
APPROVING AND ADOPTING THE PRELIMINARY ENGINEER'S REPORT FOR THE h17RK AND
ESTIMATES OF THE CITY'S ENGINEER; AND SETTING PUBLIC HEARING AND DIRECTING
THE GIVING OF NOTICE THEREOF.
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WHEREAS, the City Council has accepted petitions requesting street improve-
ments and has received a preliminary engineering report, identifying general '
project scope and probable cost thereof, pursuant thereto, at the Council's
regular meeting of June 21, 1982.
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WHEREAS, pursuant to Chapter 13.04 of Tigard Municipal Code, City Council
finds it expedient and necessary to investigate the improvement of the hereinbelow
described lands by construction of street improvements and pursuant thereto
the City's Engineer has submitted to the Council a preliminary ergineer's report
for the work to be contemplated 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 and parcels of land shall be assessed on account of the benefits derived;
and
C WHEREAS, the Council finds that said preliminary engineer's report and
estimates are satisfactory. <
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TIGARD
as follows: I'
(a) That the City Council does hereby deem it
expedient and necessary,
and does hereby declare its intention to improve the aforesaid
portion of SW McKenzie by construction of curb, sidewalk, street,
storm drainage and appurtenances thereto.
(b) That all lands situated within the boundaries described on the
attached "EXHIBIT A" are determined and declared to be a street
improvement assessment district, to be known as SW McKenzie Local
Street Improvement District No. 36, 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 for said improvements shall be
assessed in full, on a front foot basis, against all lands within
said improvement district.
(c) That Monday, the 12th day of July, 1982, at the hour of 7:30 p.m.,
at Fowler Junior High School Lecture Room, 10865 SW Walnut, Tigard
Oregon, be, and the same is hereby set as the time and place for
hearing and considering objections or remonstrances to the proposed
improvement by an parties aggrieved thereby; hcxwever, ,
(d) That plans, specifications and estimates with respect to the improve-
ments shall be submitted by the City's engineers and shall be maintained
on file by the City Recorder for public inspection at least 10 days
prior to the public hearing.
(e) Within ten days from the date of the publication of the notice of
this resolution, the owners of 66 2/3% or more in area of the
property within the boundaries described on "EXHIBIT A" hereto
attached, may have and file with the City Recorder a written ob-
jection or remonstrx c:e against tae proposed improvements, and
such written objections or remonstrances shall be a bar to any
further proceeding for 6 months.
(f) That the City Recorder be, and she is hereby directed to give notice
by causing to have this resolution published in the Tigard Times
issue of July 1, 1982.
Dated at Tigard, Oregon this 2 day of
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Mayor
ATTEST.
City Recorder
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RESOLUTION NO. 92
Page 2
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EXHIBIT "A" '
Resolution No. 82-,<�-
Beginning at the intersection of the centerline of SW Grant Avenue and ON McKenzie
Street in Section 2, Township 2S, Range 1 West of the Willamette Base and
Meridian in Tigard, Washington County, Oregon; j
Ti4cE, Southwesterly along the centerline of SW Grant Avenue a ! ,
distance of 132.09 feet; '
THENCE, Southeasterly parallel to and 100 .feet from the centerline
of SW McKenzie Street a distance of 227.7 feet;
THENCE, Northeasterly parallel to and 227.7 feet from the centerline ;
of SW Grant Avenue a distance of 107.09 feet, to the south-
westerly line of SW McKenzie Street;
THENCE, Southeasterly parallel to and 25 feet from the centerline of
SW McKenzie Street a distance of 227.7 feet;
THENCE, Northeasterly parallel to and 455.4 feet from the centerline of
SW Grant Avenue, a distance of 5 feet;
THENCE, continuing southeasterly parallel to and 20 feet from the center-
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line of SW McKenzie Street a distance of approxirTetely 220 feet
to the northwesterly right-of-way line of SW Pacific Highway;
THENCE, Northeasterly along said SW Pacific Highway right-of-way a
�. •distance of 210 feet;
570 40' West a distance of approximately 275.78 feet. �.
Tf�NCE, North �
TRICE, North 390 53' East a distance of 86.68 feet;
THEME, North 570 40' West a distance of 346.50 feet to the centerline of
SW Grant Avenue;
Tm CE, Southwesterly along the centerline of SW Grant Avenue a distance
of 264.66 feet to the point of beginning.
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