Ordinance No. 83-32 CITY OF TIGARD, OREGON
ORDINANCE NO. 83-_,3�
6
AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTION OF THE CITY COUNCIL OF MAY 16,
1983, WITH RESPECT TO SW 100th AVENUE SANITARY SEWER IMPROVEMENT DISTRICT (LID #41) ; '
OF SAID STREET IMPROVEMENT: DECLARING RESULTS OF HEARING HELD WITH RESPECT THERETO:
DIRECTIN3 SOLICITATION OF BIDS FOR CONSTRUCTION: PROVIDING FOR THE MAKING OF SAID
IMPROVEMENTS, AND DECLARING AN EMERGENCY.
WHEREAS, a resolution was duly passed by the City Council of the City of Tigard
at its regular meeting of May 16, 1983, 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 sanitary sewer improvement
assessment district were described, and the Council declared its intention to construct
said improvements and to assess the cost thereof against the property within the bound-
cries specially benefitted; 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 13, 1983,
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 improve-
ment; and
WHEREAS, pursuant to said resolution, due and legal notice of said hearing was
given by publication in the Tigard Times on May 26 and June 2, 1983, prior to said
hearings; and
WHEREAS, said hearing was duly and regularly called to order and meld in Fowler
Junior High School at 10865 SW Walnut Street, Tigard, Oregon on June 13, 1983, 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 ,mP.,o e-ment 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 ORS 223.387 and
22.1.359, and Tigard Municipal Code, Chapter 13, and all procedures were regularly and
lawfully conducted; �
NOW, THEREFORE,
(
THE CITY OF TIGARD ORDAINS AS FOLLOWS: '
P :
Section 1: That all mutters set forth in the resolution of the City Council of the
City of Tigard, Oregon, on May 16, 1983, 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 is amended to incorporate relevant public hearing engineering de-
sign testimony,- (Exhibit "B", attached),, and the boundaries of the areas known as
SW 100th Avenue Sanitary Sewer Improvement District as heretofore described � .
Bots
to said resotkit, loll, he and the :;ante• ,I b.-It'I,y dee•lar(•d turd tIX('11 to arC0t ,l-
ancc, with said de.scrtpl.ron.
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 said improvements within the boundaries of said S.W. 100th
Saniaty Sewer Improvement District in conformity in all reasonable parti-
culars 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 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 date
and time for opening of bids in the City of Tigard, Oregon, City Hall, 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 sewer improvement assess-
ment distri-ct, and it i:; further i,•<.iarod thaaf = act; tot, part of 'ot .tn-i
part•(°.i �A land w t t t ;., .,,;t c, h>ur .1,t I, I: i ! I, ur ! !I ,
improvements, and chat t.hc• estimat(.0 Cost is$14,872.00 for said >mprovt,
ments, the assessable costs are estimated to be $9,325.00 which shail be
assessed in full, according to benefit against all .lands within said im-
provement district. City participation is estimated to be $5,547.00
r ;
Section 5: The Tigard City Council finds that the SW 100th Avenue Sewer. LID improve-
ments are ofthe 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_
y Section 6: General obligation improvement warrants for the SW 100th Avenue Sewer LID
1 No. 41 are hereby authorized to be issued in the aggregate amount of
$9,325.00 The warrants shall bear interest at the lowest rate that
z the City can borrow on the date of issuance and shall constitute a general
a obligation of the City of Tigard that shalt mature on or before two years
gw' after date of issue, but not later than June 15, 1985 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 descriu ;i
warrants in behalf of the City of Tigard.
Section 8 : 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 Mavor.
PASSED by the Council, by��an�mnu� vote of all Council members present, at tet
being read by number and title only, tht.s a4 day of Jctn Q , 1983.
p
ATTEST: _
Mayor
Recorder - City of Tigar
ORDINANCE NO. 83 $
llago 2
T
"EXHIBIT A"
CITY OF TIGARD, OREGON
RESOLUTION NO. 83— J1q
DECLARING AN INTENTION TO CONSTRUCT CERTAIN SEWER IMPROVEMENTS WITHIN AN AREA
DETERMINED TO BE A SEWER IMPROVEMENT ASSESSMENT DISTRICT TO BE KNOWN AS S.W.
100TH AVENUE SANITARY SEWER EXTENSION LID #41: DESCRIBING THE PROBABLE TOTAL
COST THEREOF; 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 ENGINEER; AND SETTING PUBLIC HEARING AND DIRECTING THE
GIVING OF NOTICE THEREOF.
WHEREAS, the City Council has accepted petitions requesting sewer improvements
and has ordered preparation of a preliminary engineering report, pursuant
thereto, at the Council's regular meeting of August 9, 1982.
WHEREAS, pursuant to Chapter 13.04 of Tigard Municipal Code, City Council
finds it expeditat and necessary to order the improvement of the facilities
and appurtenances thereto, and pursuant thereto the City 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 benfited 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 construct aforesaid S.W. 100th Avenue
Sanitary Sewer 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 sewer improvement
assessment district, to be known as "S.W. 100th Avenue Sanitary Sewer
Extension LID #41", 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 totsl estimated costs is $9280 for said
improvements, the total cost shall be assessed in full, on a per lot
basis, against all lands within said improvement district.
(c) T:at the plans, specifications; and estimates With respect to the
improvements as submitted by the City Engineers be, and the same are
hereby adopted and ordered to be, maintained on file by the City Recorder
�. for public inspection`."
EXHIBIT "A"
�s
w
, 1
(d) That Monday, June 13, 1983, at the hour of 7:30 p.m., at bowler 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.
(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 26 and June 2, 1983.
(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 of area of the property
within the boundaries described "EXHIBIT A" hereto attached, may make a
file with the City Recorder a written objection or remonstrance against
the proposed improvements.
Dated at Tigard, Oregon this /I day of
1983.
Mayor — City of Tigard
ATTEST:
City Recorder City o Tigard
EXHIBIT "An
RESOLUTION NO.,83 M
Page 2
(0458A)
., .. v4
�e
EXHIBIT "A"
Beginning at the mid-point of the north line of lot 10, Tigardville
Heights in T2S, R1W, Section 11 in Washington County, Oregon. Said point
being on the centerline of S.W. McDonald Street;
thence: Easterly along said north line and its easterly extension
approximately 350 feet to a point 30 feet westerly from the
northeast corner of lot 12, said addition;
thence: South 00° 58' 30" west 180 feet;
thence: North 89° 56' 30" west 118.34 feet to a point on the center-
line of S.W. 100th Avenue;
thence: Southerly along the center line of S.W. 100th Avenue 19 feet
to a point which is northerly along said centerline 81 feet
from the southeast corner of lot 11, said subdivision;
thence: Westerly parallel to the south line of said lot 11 a
distance of 50 feet;
thence: Northwesterly a distance of 115.28 feet to a point on the
west line of said lot 11, said point being 154.54 feet from
- ' the northwest corner thereof;
thence: Southerly along the west line of said lot 11, 122 feet to the
southwest corner thereof; said point also being the southeast
corner of lot 10 sa-d addition;
thence: Westerly along the south line of lot 10 to its mid-point;
thence: Northerly 276.54 feet to the mid-point of the north line
of said lot 10 and the point of beginning.
RESOLUTION 83-44
EXHIBIT '
S.W. 100th AVENUE
SANITARY SEWER EXTENSION
COST ESTIMATE
ITEM DESCRIPTION Unit Est. Unit
Measure Quantity Price TOTAL
1) Pipe
8" R.J.C.P. L.F. 186
6" R.J.C.P. .00 $1,488.00
L.F.Lf205 6.00 1,230.00
?) Wye's/Tees
8' X 6"
LJ.
6 X 6 Ea, 2 45.00 45.00.
90.00
3) 48" Manhole
(complete w/stub) Ea•
Cleanout 1 950.00 950.00
Ea. 1 600.00
600.00
4) Connection to
Ea.Existing MH E
St 1 250.00
250.00
5) Excavation & Backfill
(01 8'):
Class @#0„ Trench L.F. 418
Class "B" Pipe Zone L.F. 418 7.00 2,930.00
2.00 840.00
6) R. 6 R. Pavement L.F. 385
6.00 2,310.00
7) Concrete Plugs
6"
Ea.
80, Ea. 3 20.00 60.00
L7 1 25.00 25.00
8) legal/Ac1min/Engr/Etc.(25%)
2,704.00
9) Contingency (IOL:) _
•1,350.00
f_
ESTIMATED TOTAL: $14,872.00
rt
$rX-
lJS 71e A)716`Al
: N
4 Doi
i
Q n
f
y y (4 f(�
r• b a,1
d � 0
- - - { I '
S.W. 100th AVENUE SANITARY SEWER EXTENSION - LID #42
I
ASSESSMENT ROLL
ALTERNATE # 2
T.L. & MAP NO. OWNER (EST. ) ASSESSMENT
# 100 (11BB) L.B. & M.T. TOWER $ 3108.33
# 200 (11BB) J.J. & C.M. PLIETH 3108.33
800 (11BA) A.D. & M.A. TOMINAC 3108.33
TOTAL: $ 9,325.00
(EST) CITY PARTICIPATION 5,547.00
TOTAL: $ 14,872.00
r
METHOD: TOTAL COST + NUMBER OF LOTS = LOT ASSESSMENT
;(EXHIBIT ,,C„ )
5
' .pax