Resolution No. 86-122 CITY OF TIGARD, OREGON
RESOLUTION NO. 86— Z
A RESOLUTION DELEGATING AUTHORITY
WITH RESPECT TO CITY ACCEPTANCE OF PUBLIC
DEDICATIONS AND EASEMENTS.
WHEREAS, by the authority of ORS 92.014, the City Council has jurisdiction
and authority over all lands and streets dedicated for public use within the
City of Tigard;
WHEREAS, the above—cited statute gives the City Council the authority to
accept good and sufficient deeds of dedications and easements of pu'vlic ways
when it is in the public's best interest;
WHEREAS, sections 4, 5 and 38 of the city charter allows the City Council
to delegate certain of its powers to appropriate administrative personnel when
it is deemed necessary or convenient for the conduct of its municipal affairs;
and
WHEREAS, the City Council has determined that it is in the best interest
of the public, and in the interest of convenient and efficient conduct of
municipal affairs, that authority to accept offers to dedicate by deed public
rights—of—way and easements should be delegated to the director of the
%.e Department of Community Development, or the City Engineer;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tigard,
that:
The director of the Department of Community Development or the City
Engineer is authorized to accept on behalf of the City Council of the City of
Tigard all offers of dedication by good and sufficient deed of public
rights—of—way and easements when such acceptance would in his/her judgement be
in the best interest of the public of the City of Tigard.
i
PASSED: This day of October, 1986, by the City Council of the
City of Tigard.
a�or City of Tigard
t ATTEST:
i City Recorder — City of Tigard
1
F RESOLUTION NO. 86—/ 0 -
tf
` mj37
O'DONNELL. RAMIS. ELLIOTT CREW
ATTORNEYS AT LAW
1727 NW HOYT STREET
PORTLAND.OREGON 97209
1503) 222-4402
4TE October 10, 1986
To KME
tom JB
RE Ti ard's Dedications and Easements Acceptance Proces s
with the attached resolution, which de legates the
This memo deals
City Council's authority to approve and accent dedications and
easements for public use to the public works director.
Unlike with Washington. CouL
nty's similar resolution and order, there
statutory or charter language either athorizing or
is no specific
such a delegation. ORS
roads; there 3til
preventing no
Washington County'
equivalent chapter for city roads.
ORS 92 is the subdivisions and partitions chapter. ORS 92.014
to create and accep t new streets
grants cities general authority
and dedications for public uses.
While the Washington County charterapparently contains an express
_ provision enabling the county commission to delegate ratters to
various administrative departments,
the Tigard chartervidets contains no
oad
such expressed provision. bApplicaablle charter provisions supporting the
generalized powers.
resolution include:
Section 4:
"POWERS OF THE CITY. The city shall have all
powers which the constitutions, statutes, and
common law of the United States and of this State
expressly or impliedly grant or allow mLlnici-
tiv71-` charter specifically
palities as Tully as �`-
enumerated each of those powers."
In pertinent part, Section 5:
"CONSTRUCTION OF CHARTER
The charter shall be liberally construed to
the end that the city may have all powers
necessary or convenient for the conduct of its
municipal affairs, including all powers that
cities may assume pursuant to state laws and
to the municipal home rule provisions cf the
` state constitution."
F"
i
L
O-DONNELL. RAMIS. ELLIOTT & CREW
ATTORNEYS AT LAW
1727 N W.HOYT STREET
PORTLAND.OREGON 97209
{, i5O3)222-4402
DATE October 10, 1986
To KME
FROM J$
RE Tigard°s Dedications and Easements Acceptance Process Page 2
That language essentially reflects the general grant of municipal
powers found in ORS 221.410(1) .
In pertinent part, Section 38:
"IMPROVEMENTS. The procedure for making,
altering, vacating or abandoning a public
improvement shall be governed by general laws
of the state. "
In summary, since there is no express language to the contrary, is
wov.la seem there is adequate general authority to permit the city
council to delegate its acceptance powers.
)
JB-.dd
10/13/86