Ordinance No. 62-14 CITY OF TIGARD
ORDINANCE NO. 6;6r— it
N ADnTLYAwV ADOPTING_ RATIFYING AND CONFIRMING ALL
PROCEDURES AND DETERMINATIONS OF THE FORMER TIGARD SANITARY DIST-
RICT WITH RESPECT TO JOHNSON STREET SEWER INPROVEMENT.DISTRICT,
AUTHORIZING ISSUANCE OF BONDS PURSUANT TO THE PROVISIONS OF THE
BANCROFT BONDING ACTS AND DECLARING AN EMERGENCY.
WHEREAS, The Tigard Sanitary District, a duly organized
municipality of the State of Oregon heretofore existing, did by
Ordinance Number 18 of said District, a copy thereof being hereto
attached and by reference�made_a'Rarthereof, 84 ineaid
0itsninte ance tiong
d'�'y enacted under date vc .+u•r �., An ----
to improve a certain area as in said Ordinance described by in-
stallation of interceptor and lateral sanitary sewers, said area
being
treetcommonly
known
as an
Districtnaandr referred to as the Johnson
Sewer
WHEREAS, after due and legal notice, hearings and proceed-
ings as by law required, the Tigard Sanitary District caused to
have prepared by the District's Engineer, plans specifications and
estimates of said improvements and same were duly adopted and a
contract let for the
evement1Was complof ehe tion
rforaedand andthe theifinallation
costs
oL said sewer imp , and said sum
thereof determined to be the sum of y ro ert with-
was apportiarsd, spread and assessed aga nst t e real-property
District;
in the boundaries of said Johnson Street Sewer Imp
and
WHEREAS, said assessment roll with respect to said impaove-
ict was duly prepared
ment distrby the engineer for the Tigard San-
rep each property within the dis
itary District and the a
-
trict was duly adopted by the Tigard Sanitary District; and
WHEREAS, applications were filed by various owners of the
real premises so assessed to be permitted to bond said assessments
as by law required, and proceedings were thereafter conducted by
said Tigard Sanitary District for the sale of the bonds pursuant to
the terms of Sections 223.205 to 223.300, inclusive, Oregon Revised
Statute, ;Bancroft Bonding Act); and
WHEREAS, prior to the sale of said bonds, and effective
September 13, 1961, the Tigard Sanitary District ceased to exist
as a municipal entity by reason of all area thereof being included
within the corporate;limits of the newly formed CITY OF TIGARD,
OREGON; and
WHEREAS, applications as filed by the various owners
of real property so assessed to be permitted to bond said assess
-
menta having been entered in the Lien Docket of the City with a
- present unpaid amount of assessment as of the date of this ordinance
In the sum o£"$31,864.10, with interest from
a..d
WHEREAS, it is necessary to issue improvement bonds pur-
suant to ft BonnA
the provisions of the Ban��ementsaiand cts to pay the
remaining unpaid costs of said imp
i
Page 1 Ordinance No.
,s
provision has been made in the 1962-63 budget
of the City of rd, Oregon, for the amounts required to service
said bonds and by setting off the amounts estimated to become
available from the payments of assessments during such budgetary
period; and
WHEREAS, the area comprising said assessment district
as determined by the former Tigard Sanitary District herein referred
to, to be 'known as the JOHNSON STREET' SEWER IMPRomM DISTRICT is
described as follows:
Beginning at the most westerly corner of Lot 35 of. NORTH
TIGARDVILLE ADDITION, ion in
a duly recorded subdivis
Section 2, T. 2 S., R. 1 W., W.M., and running thence N.
45° E. 11.275 chains to the most northerly corner of Lot
3R of said NORTH TIGARDVILLE ADDITION; thence S. 570,401
EQ.385 chains to the most westerly corner or Lot a oo
AMENDED PLAT OF NWAiTH TIGARDVILLE ADDITION; thence N. 39
53' E. 6.73 chains to the most northerly corner of said
Lot 8; thence N. 57° 40' W. 0.63 chains to the most west-
erly corner of Lot 50 of said amended plat; thence N. 39°
53' E. 8.0 chains to the most northerly corner of Lot 52
0= 5814 amendedac.. j. ..,s lzt; thence S 57° 401 E 1.9" chains
to the most westerly corner of Lot 53 of said AMENDED
PLAT OF NORTH TIGARDVILLE ADDITION; thence N. 39 531 E.
10.70 chains to the most northerly corner of said Lot 53
in the center of Fanno Creek; thence upstream in the
center of Fanno Creek 3900 feet, more or le a, to the
east line of Lot l of said Amended plat; thence S. 0*
15' E. 17.5 chains more or less, to the southeast corner
of said Lot 1; thence northwesterly 3n S.W. Walnut Street
180 feet, more or less, to the northeast corner of the
6.82 acre tractofland conveyed to Fred N. Parson by deed
recorded on page 166 in Deed Book 291; thence S. 47° 02'
W. 1031 feet, more or less, to the most northerly corner
of Lot 10. ROSE TERRACE, e- subdivision of record; thence
S. 590 15' E. 81.7 feet to the northwest ^^rner of Lot 4
of ROSE TERRACE; thence S. 0° 31' W. 138.1 feet to the
southwest corner of said Let 4; thence S. 710 18' E.
178.18 flet to the southeast corner of said Lot 4; thence
southeasterly 85 feet, more or less, to the most northerly
corner of Lot 2 of ROSE TERRACE; thence S. 7 10 461 E.
254.89 feet to the most easterly corner of said Lot 2;
,.^o 2,1 *•* "1'6 ^ feet t rho /L
l . corner between
Sections 2 and 3, T. 2 S., R. 1 W., W.M.; thence South
400 feet, more or less to the southwest corner of Lot 32
of said NORTH TIGARD17ILIIE ADDITION; thence East 6 chains
to the southeast corner of said.Lot 32; thence S. 25° 10'
E. 70 feet, more or less, to the most westerly corner of
Lot 33, NORTH TIGARDVILLE ADDITION; thence N. 45 E. 6 1/2
chains to the most :.ortherly corner of said Lot 33; thence
S. 45' E. 3.16 chains, more or less to the most easterly
corner of said Lot 33; thence N. 45' E. 320 feet, more or
less, to the most southerly corner of said Lot 35, NORTH
TIGARDVILLE ADDITION; thence N. 45' W. 3.16 chains to the
place`af beginning, all within Washington County, State
of Oregon.
. Pa¢e 2 • Ordinance No.
Y � S
NOW, THEREFORE,
IT IS ORDAINED BY THE COUNCIL OF THE Gtrz OF 1'J.Gt RD;
Section 1: That all proceedings conducted by the Tigard Sanitary
District with respect to all matters, conditions and
actions precedent to the apportionment, spread of assessment and
assessing of the cost of interceptor and lateral sanitary sewers
within the Johnson Street Sewer Improvement District as hereinabove
described, be, and the same are hereby, adopted, ratified and con-
firmed by the CITY OF TIGARD.
Section 2 That general obligation bonds of the City of Tigard,
Oregon, will be issued in serial form and shall be
payable in semi-am-mal installments, in the total sum of $31,864.10,
otou+nnaw�tttiyelV
said bonds to be dated 140vemiar 1, 1962, ._
from 1 to 32 inclusive, in denominations of $1,000.00 each, except
Bond No. 1 which shall be in amount of $864.10, maturing serially
I
n numerical order as follows:
Bond No. Maturity Date Amount
1 November 1, 1963 $ 864.10
2 November 1 1963 1,000.00
3-4 May 1 1961+ 2,000.00
5-6 Nove;ter 1 1964 2,000.00
7-8 May 1 1961 2,000.00
9-10 Novemter 1, 1965 2,000.00
11-12 May 1 1966 2,000.00
13-14 Nove;ter 1, 1966 2,000.00
15-16 May 1 1967 2,000.00
17-18 Novc;nter 1 1967 2,000.00
19-20 May 1 1969 2,000.00
21-22 Novemter 1 1968 2,000.00
23-24May 1, 1966 2,000.00
25-26 November 1. 1969 2,000.00
27-28 May 1 1976 2,000.00
29-30 Nove;ter 1 1970 2,000.00
31-32 May 1, 1971 2,000.00
Said bonds shall bear interest at a rate not to exceed six (6) per
cent per annum payable semi-annually on the first days of May and
November of each year, as evidenced by coupons to be attached there-
to. Bothpprincipal and interest upon said bouts s lnll be payable
at the office of the City Treasurer, City of Tigard, Tigard, Oregon.
Section 3: All bonds shall be sold at par value plus accrued
interest from date thereof to date of delivery. All
such bonds shall be signed by the Mayor and countersigned by the
Clerk of the City of Tigard, Oregon. The coupon attached thereto
shall bear the facsimile signatures of the said officers of the City,
Section Via: All bonds payable after November 1, 1963, shall be
subject to redemption in numerical order on any
interest due date on or after November 1, 1963._
Section 5: The full faith and credit of the City of Tigard, Ore-
on, shall be, and is hereby, pledged to each succes-
sive holder of each of said bonds for the prompt and punctual pay-
ment of the principal and interest thereof as and when the same shall
become due, and the City of Tigard, Oregon, hereby covenants and
Page 3 Ordinance Na.
a�
agrees with each successive holder of each of such bot.ds and coupons
that in the event of default in payment of any assessment pursuant
M- to applications on file, the City Council of the :;ity of Ti:arw,
M & Oregon w4i11 nroceed as Provided by law to coiiecc all unpaid assess-
ment llens.
' b
Section 6: That all bonds snnii e registered in the office of
the City Treasurer of the City of Tigard, Oregon.
Section 7: The City Clerk of the City of Tigard, Oregon, be, and
he is hereby, instructed to advertise the said bonds
for sale in the manner provided by law, by written sealed bids to
be opened at 8 o'clock p.m. Pacific Daylight Saving Time on the
day of September, 19620 at the City Office at 8841 S. W.
50ercial Street, Tigard, Oregon, notice of said sale to be given
by publication in the Tigard Tines, a newspaper of general circula-
tion. published within the said City of Tigard, OreEpn, once each
week-for three publications in ail. The f6nu ��
shall be as follows:
NOTICE OF BOND SALE
CITY OF TIGARD, OREGON
NOTICE IS 11EREBY GIVEN that written, sealed bids will be
received by the CITY OF TIGARD, OREGON, up to 8 o'clock p•m• 962
Pacific Daylight Saving Time, on the day of September, ,
at the office of the City at 8841 S.W;dommercial Street, Tigard,
Oregon, for the sale of general obligation improvement bonds of the
City of_Tigard, Oregon, in the amours? of $31,864.10, said bonds to
be in denominations of $1,000.00 each, except Bond No. 1 in the
amount of $864.10, dated Noveemu,.i _, 1962, and to mature serially
in numerical order as to
Bond No. Maturity Date Amount
1 November 1, 1963 $ 864.10
2 November 1 1963 1,000.00
3-4 May 1, 1961 2,900.00
5-6 November 1, 1964 2,000.00
7_8 May 1 1965 2,000.00
9-10 Nove;Ler 1 1965 2,000.00
11-12 May 1 1966 2,000.00
13-14 Nove;ter 1 1966 2,000.00
15_16 May 1. 196% 2,000.00
17-18 Novemfier 1 1967 2,000.00
19-20 May 1, 1966 2,000.00
21-22 November 1 1968 2,000.00
23-24 May 1 1966 2,000.00
25-26 NovemLer 1 1969 2,000.00
27-28 May 1 1976 2,000.00
29-30 Nove;ter 1, 1970 2,000:00
31-32 May 1, 1971 2,000.00
Said bonds shall bear interest at the rate or rates to be
determined by the City Council of the City
of Tigard, Oregon,
a
the time of award not to exceed six (6) peP payable
S
emi-annually; pr�nc-1-al and interest to be payable at the office
of the City Treasurer of the City of Tigard, Oregon, at 8841 S. W.
Commercial Street, Tigard, Oregon.
Page 4 - Ordinance No.
v,
All bids will be opened and publicly read at the time and
place aforesaid and shall be sold to the highest responsible bidder
for not less than par value plus accrued interest from November 1,
1962, to date of delivery. All bids must be in writing, posted,
® — or delivered in hand to be received by the City Clerk, City of
Tigard, Oregon, 8841 S.W.Commercial Street Tigari+, via v►., on or
before 8 o'clock p.m. Pacific Daylight Saving Time on the
day of September, 1962. Each bid shall be accompanied by a cert-
ified check on a bank doing business in the State of Oregon for
t'y not
less than two (2) per cent of the bid oftheState bonds
he-eshall
offered for sale, except that anyOregon
not require such bid deposit.
The City of Tigard, Oregon, reserves the right to call and
redeem any or all of such bonds maturing after November 1, 1963
in numerical order on any interest due date on or after November
1, 1963, upon tender of payment of principal and ueer<ieu 'A.RtGres-
to date of payment.
The legal approving opinion of Shuler, Sayre, Winfree and
Rankin, Attorneys at Law, Oregon Bank Building, Portland, Oregon,
will be furnished the successful bidder.
The City of Tigard, Oregon, reserves the right to reject
any and all bids.
DATED at Tigard, Oregon, this day of August, 1962.
Section 8: The form of the bond and coupon to be attached thereto
shall be substantially as follows:
STATE OF OREGON
CITY OF TIGARD
$1,000.00 $1,000.00
GENERAL OBLIGATION IMPROVEMENT BOND
CITY OF TIGARD, STATE OF OREGON, for value received, hereby
promises to pay to bearer $1,000.00 on the first day of
, 19—, with interest thereon at the rate of
per cent per annum, payable semi-annually on the first
sags of Xay and November of each year, to the bearer upon
presentation of the respective coupons hereto attached as they
mature; both principal and interest to be paid in lawful money
of the United States of America at the office of the City
Treasurer, City of Tigard, Oregon.
This bond is one of-a series of like date and tenor,
except as to maturity dates, aggregating $31,864.10 numbered
1 to 32, both inclusive, authorized and issued by tie Cityy
of Tigard, Oregon, pursuant to Sections 223.205 to 223.300,
inclusive, Oregon Revised Statutes.
ILI
Page 5 - Ordinance No.6�
w It is hereby certified by the City of Tigard, Oregon
■...
that every requirement of law £or the issuance and sale of
bonds has been duly complied with, and that this bond is
With
in every date and other limitation provided by the
Constitution and the Laws of the State of Oregon, and for
the punctual payment of principal and interest hereos,
the full faith and credit of the City of Tigard, Oregon,
are hereby irrevocably pledged.
All bonds of this series payable after November 1,
1963 , shall be subject to redemption in numerical order
on eny interest payment date on or after November 1, 1963
upon the giving of notice of call for redemption by publica-
tion thereof in a newspaper of general circulation printed
and published in Washington County, State of Oregon, not
less than thirty (30) days prior to the date of redemption.
IN WITNESS WHEREOF, the City of Tigard, Oregon, ;as
caused thisbond tc. be signed by its Mayor and attested
to and countersigned by its City Clerk, thjs 1st day of
November, 1962.
CITY OF TIGARD, OREGON
By r '
yo
ATTESTED AND COuNTERST.GNED
Byci
ty er
That the coup
one to be affixed to all bonds maturing
on or prior to November 1, 1963, shall be in the following
form:
Bond No. Coupon No.
On the first say of , 19 , CITY of
TIGARD OREGON, will pay to Bareru awfuT money;of
the United States of America at the office of the City k
Treasurer, Tigard, Oregon, $
' for six months'
" interest then due upon its general obligation improvement
bond numbered as above dated November 1, 1962.
CITY OF TIGARD, OREGON
By
mayor
ATTESTED AND COUNTERSIG►4-E1)
By City Clark
zzz
6a
'm
Page;6 vraiu3�.�= ..—._-
Srt x'
r S¢
y f d 1
That -6b- t7-upons to be attached to all bonds maturing
after November 1, 163 shall we in the following form:
Bond No. Crnupor No,
Unless sooner called or redeemed and due provision
made for the payment of the bond to which this coupon is
attached, on the first day of , 19 ,
CITY OF TIGARD, OREGON, will pay to earer In law s money
of the United States of America, at the f office
r six of months Treasurer, Tigard, Oregon, $
interest then due upon its generalo�Iigation improvement
bond numbered as above dates November 1, 1962.
CITY OF TIGARD, OREGON
By.
Mayor
ATTES AND CO
RSIGNED
Y
G ty � era
Section 9: It is hereby declared that an emerggency exists and
that it is necessary for the immediate preservation
of theppeace, health, and safety of the City of Tiga-4&y the„
that this_Ordinance become effective upon its"passage y the
Council and approval by the Mayor in order that the credit of the
City of Tigard, Oregon may be preserved, and to provide funds
wherewith to pay the o9ligations arising from the John Street
Sewer Improvement District.
PASSED: By the City Council this
day of August, 1962.
APPROVED: By the Mayor this day of August, 1962.
Mayor, City of Tigard, Oregon
ATTE
erCity ot Tigard, UrCISULL
Page 7 - Ordinance
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,ham L