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Resolution No. 68-13 RESOLUTION OF SHE CITY COUNCIL OF TIGARD, OREGON, DECLARING IN- TENTION TO CONSTRUCT A SANITARY TRUNK SEWER IN AN AREA DETERMINED TO HE A SEWER IMPROVEMENT ASSESSMENT DISTRICT TO BE KNOWN AS O.E.A. TRUNK SEWER IMPROVEMENT DISTRICT PROVIDING FOR THE ASSESSMENT OF THE TOTAL COSTS AGAINST ALL LANDS IN THE DISTRICT AS BEING SPECIALLY BENEFITED AND SETTING A HEARING AS PASSED BY THE CITY COUNCIL OF TIGARD, OREGON, AT ITS REGULAR MEETING OF MAY 27, 1966 WHEREAS, the City Council proposes to delineate a sewer improvement assessment district for the purpose of constructing a sawer trunk line to service the hereinafter described lands within an area to be known as the O.E.A. Trunk Sewer Improvement District, and WHEREAS, pursuant to Ordinance 62-6 the City Council finds It expedient and necessary to order the improvement of the herein- after described lands by the construction of sewer trunk facilities and pursuant thereto the City Engineer has submitted to the Council plans, specifications, and estimates for the work to be done and the probable costs thereof together with a statement of the lots, Parts of lots and parcels of land to be benefited, and the total cost of the improvements which each of such lots, parts of lots and parcels of lands shall pay on account of the benefits to be derived, and WHEREAS, the City Council finds that such plans, specifications and estimates are satisfactory, NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Tigard as follows: (a) That the City Council does deem it expedient and necessary and does hereby declare its intention to construct a sanitary sewer system for the purpose of providing sewer service to the area within and without the City of Tigard as described on the attached sheet marked "Exhibit A" and by reference made a part hereof. d (b) That all lands situated within the boundaries described on the attached "Exhibit All are determined and declared to be a sewer improvement assessment district and it is further declared that each lot, part of lots, and parcel of land within said boundaries will be specially benefited by the said improvement and the total cost of said improvement shall be assessed one hundred percent against all lands within said district. (c) That the total probable cost of said improvement in- cluding engineering, right-of-way, superintendance, advertising and legal expense to be assessed against said lands within said district is the sum of $65,000.00. (d) That the plans, specifications and estimates with respect to the sewer improvement as submitted by the City's E 3S t+ 68. 3 - k41 •Engineers be, and the same are hereby, adopted and ordered to be maintained on file by the City Recorder for public inspection. (e) That Monday, the 10th day of June, 1968, at the hour of 8:00 P.M. and the Council Chambers in the City Hall in 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. i (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, issues of May 30, and June 6, 1968. (g) Within ten days from the date of the first publication of the notice of this resolution, the owners of 66 and 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 Clerk 's a written objection or remonstrance against the proposed improvement. s Dated at Tigard, Oregon this 7 day of May, 1968. Mayor - City ofXigard ATTEST: City Recorder - TV of Tigard Resolution 68-13 Exhibit "A" O.E.A. Trunk Sewer C Those portions of Section 36 T1S, R1W, W.M., and Section 2, T2S, RIW, W.M., Washington County, Oregon described as a whole as follows: Beginning at the Northeast corner of Palmer Acres, a subdivision o£ record, in Section 36, T13, RIU, and Section 2, T2S, R1W, V7i 2.lamette Meridian, Washington County, Oregon, running thence N. 890 22' W. 253.4 feet to a point on the Southerly right-of- way of the S.W. Pacific aighway, thence Northwesterly at a right angle to said right-of-way to a point on the centerline of said highway, said point being approximately station 43+00; thence Northeasterly along said highway centerline to a point, said point being station 20^+99 Bac% equals 5-33.4 ihead; thence South 00 27' 55" West 11.16 chains more or lest to the Sout:cast cornu of that tract of land deeded to Charles 2. Haase, ct ux, by deed recorded in Book 122, Page 125, Washington County; thence S. 890 41' 51" E. 414.5 feet to the East i corner of said Section 36; thence Southerly along the East line of said Section 3G to a point of the R. H. Baldock freeway, (interstate Highway 5), said point being approximately station 33+53; 'thence Southerly along said centerline to station 39+10.25, said station being the intersection of the relocated S.W. Haines Road Station 7+77.22; thence Ifesterly along the centerline of S.W. Baines Road to approximately station 11+09, said station being the intersection of the Northerly line on the West Portland aeights tract a duly recorded subdivision; thence Westerly along the _forth line of said tract 800.2 _-eat more or less to the Norther est corner of said tract; thence North 00 40' West 25 £e thence South 890 42' nest 3 O Feat; t?:ence South 30.44- fee' hnce-South 89 42' West a�distance of270feet to a point o enterline of county. Road X245 S.K 72nd Avenue; th3nma cont;.nu._ng Sou L:,erly on said centerline 372.86 feet more or less to.a point; said point being the Southeast corner of that tract of land deeded to Alfred Swiener in Bdok 78, Page 428 Washington County deed re- cords; thence Westerly along the Southerly line of said tract 825 feet; thence running South 00 42' East for 891.92 feet to a point on the North line of that tract of land deeded to Bert Turnbow in Boob: 180, Page 331, Washington County, Oregon dead records; thence South 890 21' East along said Northerly line 382.7 feet; thence South 00 27' West 52 feet; thence North 890 27' East 13.1 feet; thence South 0 27' West a distance of 219.9 feet to a point on the Southerly line of said Turnbow tract; thence South C90 25' West along said Southerly line 917.2 feet to a point on the East line of Palmer Acres Tracts, a duly recorded subdivision thence North 10 38' West along said East line 1330.60 feet more or less, to the place of beginnings. Excepting there from all portions lying within public roadways. Resolution No. 68-/ CITY OF TIGARD, OREGON BORiMING RESOLUT1014 FOR "O.E.A. TRUNK SEtlER INIPROVE6IENT DISTRICT" WHEREAS, pursuant to Ordinance No.62-6 of the City of Tigard, adopted by the Council on February 19, 1962, proceedings have here- tofore been conducted with respect to the "O.E.A. TRUNK SEWER IM1PROVL:- i4ENT DISTRICT", including the solicitation of bids for construction of said trunk sewer line; and WHEREAS, a supplemental budget to cover cost of said con- struction, to be undertaken during the 1968-69 fiscal year, was duly and regularly adopted by the Council of the City of Tigard providing for a budget expenditure in the sum of 565,000., and the revenues from assessments within said District were likewise budgeted in the sum of $65,000.; and WHEREAS, it will be necessary to provide funds wherewith to make progress payments as the work progresses with respect to said trunk sewer line, and the budgeted revenues therefrom will not be available until the final cost of the construction, engineering and other charges become known and the assessments spread against- the several properties, NOW, THEREFORE , BE IT RESOLVED, that it is hereby found and determined that, for the purpose of meeting current expenses for which provision has been made in the duly adopted 'budget of this city, it will be necessary to borrow money prior to November 15, 1968 in an amount not exceeding in the aggrecate the sum of $65,000., and it is further found and determined that the amount of revenues estim- ated for the unexpired portion of the current fiscal year from sources other than the collection of ad valorem taxes on real and personal property is the sum of $65,000. BE IT FURTHER RESOLVED that ELVIN G. KYLE, Mayor, and DORIS HARTIG, Treasurer of this city, acting for and on behalf of this city, be and they are hereby authorized and empowered: (a) To borrow from The First National Bank of Oregon on such terms as may be agreed upon between them and the said bank, such sums of money as in their ,judgment should be borrowed for the payment of current expenses for which provisions has been made in the duly adopted budget, not exceeding in the aggregate the said sum of $65,000. (b) To execute and deliver to said bank the promissory note or notes of this city on forms which may be submitted or approved by said bank at such rates of interest, with such maturities and on such terms as may be agreed upon. (c) To provide to said bank such further evidence as it may _ require concerning the amount of uncollected taxes, the amount of col- lections from sources other than ad valorem taxes subsequent to the date of this resolution and the amount of borrowings made pursuant hereto or otherwise and, generally, to do and perform such other acts and things and to execute and deliver such other documents as may in their discretion appear reasonably necessary or proper in order to carry into effect any of the provisions hereof. Borrowing Resolution - 8/12168 $ P C. c c BE IT FURTHER RESOLVED: That all revenues derived and re- ceived from the "O.E.A. TRUNK SEWER IMPROVEMENT DISTRICT" assessments and the sale of improvement bonds with respect thereto, be, and the same are, hereby irrevocably pledged and dedicated to the payment of all sums borrowed from the First National Bank of Oregon pursuant to this resolution, and the said revenues, as and when received, shall be promptly applied in payment of said rote(s). PASSED by the Council at its regular meetingof Aug. 12, 1968. .2tli 'tF 'Y v� it p� S; 8/12/58 2 - Borrowing Resolution -