Ordinance No. 69-45 CITY OF TIGARD, OREGON
ORDINANCE No.69- q,5
AN ORDINANCE ADOPTING, RATIFYING AND CONFIRMING ALL PROCEDURES
AND DETERMINATIONS HERETOFORE MADE WITH RESPECT TO THE "O.E.A. TRUNK
SEWER IMPROVEMENT DISTRICT" AS SET FORTH IN PRIOR ORDINANCES AND
RESOLUTIONS OF THE CITY COUNCIL OF TIGARD, AND AUTHORIZING THF, ISSUANCE
OF BONDS PURSUANT TO THE PROVISIONS OF THE BANCROFT BONDING ACTS, AND
DECLARING AN EMERGjNCY.
WHEREAS, the City Council of Tiga^d by Ordinance No.68-41 duly
enacted under date of June 10, 1965 (a_gopy thereof being; hereto at-
tached and by reference made a part hereof), declared its intention
to improve a certain area as in said ordinance described, by installa-
tion of a sanitary trunk sewer line, said area being commonly known
as and hereinafter referred to as the "O.E.A. TRUNK SEINER IMPROVEMENT
DISTRICT"; and,
WHEREAS, after due and legal notice, hearings and proceedings
as by law required, the City Council of Tigard caused to have pre-
pared by the City's Engineer, plans, specifications and estimates of
said improvements and same were duly adopted and a contract let for
the completion of the work, and the installation of said sewer improve-
ment was fully performed and the final costs thereof determined to be
the sum of 42,8i:�.77, and said sum was apportioned, spread and
assessed against the real property within the boundaries of said
O.E.A. Trunk Sewer Improvement District; and
WHEREAS, said assessment roll with respect to said improvement
district was duly prepared by the engineer for the City of Tigard and
the assessment of each property within the district was duly adopted
by the Ciyy Council of Tigard; and
WHEREAS, applications as filed by the various owners of real
property so assessed to be permitted to bond said assessments, and
said assessments having been duly 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 of $33,765.29 with interest from
April 15, 1969 and
WHEREAS, it is necessary to issue improvement bonds pursuant
to the provisions of the Bancroft Bonding Acts to,pay the remaining
unpaid costs of said improvements; and
WHEREAS, provision has been made in the 1969-7.0. budget of the
City of Tigard, 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 ccmprising said assessment district known as
"O.E.A. 'gunk Sewer Improvement- District" is described on the attached
sheet headed "DESCRIPTION" and designated Exhibit "A",
NOW, THEREFORE,
THE CITY OF TIGARD ORDAINS A5 FOLLOWS:
Page 1 ORDINANCE No.69-1.15
Section 1: That all proceedings conducted by the City Council with
respect to all matters, conditions and actions preced-
ent to the apportionment, spread of assessment and assessing of the
cost of said sewer line within O.E.A. Trunk Sewer Improvement District
as hereinabove described, be, and the same are hereby, adopted,
ratified and confirmed by the Cit;; of Tigard.
Section 2: That general obligation bonds of the City of Tigard,
Oregon, will be issued in serial form and shall be pay-
able in semi-annual installments, in the total sum of $3aL65,20
said bonds to be dated June 1, 1969, numbered consecutively from l to
34 , in denominationz; of $1,000, each, except Bond No. 1 which shall
be in the amount of $765.20 , maturing serially in numerical order
as follows.-
Bond
ollows:Bond No. Maturity Date Amount
1 December 1, 1969 $ 765.20
2 December 1, 1969 1,000.00
3-4 June 1, 1970 2,000.00
5-6 December 1, 1970 2,000,00
7-8 June 1, 1971 2,000.00
9_10 December 1, 1971 2,000.00
11-12 June 1, 1972 2,000.00
13-14 December 1, 1972 2,000.00
15-16 June 1, 1973 2,000,.00
1-1 -1$ December 1, 1973 2,000.00
19-20 June 1, 1974 2,000.00
21-22 December 1, 1974 2,000.00
23-24 June 1, 1975 2,00 .00
25-26 December 1, 1975 2,000.00
27-23 June 1, 1976 23000.00
29-30 December 1, 1976 2,000.00
31-32 June 1, 1977 2,000.00
33-34 December 1, 1977 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
June and December of each year, as evidenced by coupons to be attached
thereto. Both principal and interest upon said bonds shall be payable
at the office of the %ty Treasurer, City of Tigard, Oregon.
Section 3: All bonds shall be sold at par value plus accrued interest
from date thereof todateof delivery. All such bonds
shall be signed by the Mayor and countersigned by the City Recorder
of the City of Tigard, Oregon. The'coupon attached thereto shall
bear the facsimile signatures of the said officers of the City.
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Section 4:_ All bonds payable after June 1,1973 shall be subject
to redemption in numerical order on any interest due date
on or after' .December 1, 1973.
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Page 2 - ORDINANCE No.69- 15
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Section 5: The full faith and credit of the City of Tigard, Oregon
shall be, and is hereby, pledged to each successive
holder of each of said bonds for the prompt and punctual payment of
the principal and interest thereof as and when the same Shall become
due, and the City of Tigard, Oregon hereby covenants and agrees with
each successive holder of each of such bonds and coupons that in the
event of default in payment of any assessment pursuant to applications
on file, the City Council of the City of Tigard, Oregon will proceed
as provided by law to collect all unpaid assessment liens.
Section 6: That all bonds shall be registered in the office of the
City Treasurer of the City of Tigard, Oregon.
Section 7: The City Recorder of the City of Tigard, Oregon be, and
she is hereby, instructed to advertise the said bonds
for sale in the manner provided by law, by written sealed bids to be
opened at 8:00 o'clock p.m. Pacific .Daylight Saving Time on the 2nd
day of June, 1969 at the City Fall, Main Street, Tigard, Oregon,notice
of said sale to be given by publication in the Tigard Times, a news-
paper of general circulation, ,Iublished within said City of Tigard,
once each week for three publications in all. The form of notice of
sale shall be as follows:
NOTICE OF BOND SALE
CITY OF TIGARDs Oi?EOON
NOTICE IS HEREBY GIVEN that written, sealed bids will be
received by the City of Tigard, Oregon up to 8:00 o'clock p.m.
Pacific Daylight Saving Time on the 2nd day of June, 1969 at the
office of the City at 12420 S. W. Main Street, Tigard, Oregon for
the sale of general obligation improvement bonds of the City of Tigard,
Oregon, in the amount of $��,765,?_0 said bonds to be in denom
mations of $1,000. each, except Bond No. l in the amount of $765,20
dated June ..
une o. 1n�G.,o� and to manure serially in numerical order as
1.,
follows'
Bond No. Maturity ate Amount
I December 1 1969 $ 765.20
2 December Z,, 1969 1,000.00
3-4 June 1, 1970 2,000.00
5-6 December 1, 1970 2,000.00
7-8 June 1, 1971 23000.00
9-10 December 1, 1971 2,000000
11-12 June 1, 1972 2,000.00
13-14 December 1, 1972 2,000.00
15-16 June 1, 1973 2,000.00
17-18 December 1, 1973 2,000.00
19-20 June 1, 1974 2,000.00
21-22 December 1, 1974 2,000.00
23-24 June 1, 1975 2,000.00
25-26 December 1, 1975 2,000.00
27-28 June 1, 1976 2,000.00
29-30 December 1, '1976 2,000.00
31-32 June 1, 1977 2,000.00
33-34 December 1, 1977 2,000.00
Page'3 - ORDINANCE No.69-45
Said bonds shall bear interest at the rate or rates to be
determined by the City Council of Tigard at the time of award, not
to exceed six (6%) per cent per annum, payable semi-annually; prin-
cipal and interest to be payable at the office of the City Treasurer
of Tigard, City Hall, 12420 S. W. Main Street, Tigard, Oregon.
All bids will be opened and publicly read at the time and
olace aforesaid and shall be sold to the highest responsible bidder
for not less than par value plus accrued interest from Jure 1, 1969
to date of delivery. All bids must be in writing, posted, or deliv-
ered in hand to bo received by the City Recorder, City of Tigard,
12420 S. W. Main Street, Tigard, Oregon, on or before 8:00 o'clock p.m.
Pacific Daylight Saving Time on the 2nd day of June, 1969. Each bid
shall be accompanied by a certified check on a bank doing business in
the State of Oregon, for not less than two (2%) per cent of the par
value of the bonds hereby offered for sale, except that any bid of
the State of Oregon shall not require such bid deposit.
The City of Tigard, Oregen reserves the right to call and
redeem any or all of such bonds maturing after June 1, 1973 in
numerical order on any interest due date on or after December 1,1973
upon tender of payment of principal and accrued interest to date of
payment.
The legal approving opinion of Shuler, Rankin, Myers and
Walsh, Attorneys at Law, 620 Morgan Building, 720 S. W. Washington,
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 12th day of May, 1969.
Seation 8: The form of the bond and coupon to be attached thereto
- - shall be substantially as follows:
UNITED STATES OF AMERICA
STATE OF OREGON
CITY OF TIGARD
$1.,000, No.
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 dans
of June and December of each year, to the bearer upon pre-
sentation 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 tencr,
except as to maturity dates, aggregating $33,765.2x___
numbered from 1 to 34• both inclusive, auth�nrzed and issued
by the City of Tigard, Oregon, pursuant to Sections 223.205
to 223.300, inclusive, Oregon Revised Statutes.
It is hereby certified by the City of Tigard, Oregon that
every reo_uirement of law for the issuance and sale of bonds'
Page 4 - ORDINANCE No.69- 45
has been duly complied with, and that this bond is within
every base and other limitation provided by the Constitution
and the Laws of the State of Oregon, and for the punctual pay-
ment of principal and interest hereof, the full faith and
credit of the City of Tigard, Oregon are hereby irrevocably j
pledged. E
All bonds of this series payable after June 1, 1973 shall j
be subject to redemption in numerical order on any interest
payment date on or after December 1, 1973, upon the giving of
notice of call for redemption by publication 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 WHFREOF,the City of Tigard, Oregon, has caused
this bond to be signed by its Mayor, and attested to and
countersigned by its City Recorder, this lst day o£ June, 1969.
CITY OF TIGARD, OREGON
By:
Mayor
ATTESTED AND COUNTERSIGNED:
By:
City Recorder
That the coupons to be affixed to all bonds maturing on or
prior to June ,1, 1973 shall be in the following; form:
Bond No. Coupon No.
On the first day of 19 , CITY OF
TIGARD, OREGON wil! pay to bearer in lawful money of
the United Sates of America, at the office of the
City Treasurer, Tigard, Oregon, $ for six
months' interest then due upon its general obligation
improvement bond numbered as above dated June 1, 1969.
CITY OF TIGARD, OREGON
ATTESTED AND By:
COUNTERSIGNED: Mayor
By:
City Recorder
That the coupons to be affixed to all bonds maturing after
J€tne 1, 1973 shall be in the following form:
Bond No. Coupon 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 bearer in lawful money
of the United States of America, at the office of the
City Treasurer, Tigard, Oregon $ for six months'
interest then due upon its general obligation implrovement
bond numbered as above dated June 1, 1969.
CITY OF TIGARD, OREGON
By: Mayor
ATTESTED AND COUNTERSIGNED By: —,Recorder
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Section 9: It is hereby declared that an emergence exists and
{' that it is necessary for the immediate preservation
of the peace, health and safety of the City of Tigard, Oregon, that
this ordinance become effective upon its passage by the Council and
approval by the Mayor in order that the credit of the City of Tigard
may be preserved, and to provide funds wherewith to pay the obliga-
tions arising from the O.E.A. Trunk Sewer Improvement District.
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PASSED: By unanimous vote of all Council members present, after i
being read three times by number and title only, this
IP'h day of May, 1969.
Recorder City o
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APPROVED: By the Mayor, this 12th day of May, 1969.
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Mayor - City o£ Wgard
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Page 6 ORDINANCE No.69-,us
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CITY OF TIGARD, OREGON
ORDINANCE No. 68-41
AN ORDINANCE CONPIP14ING AND RATIFYING THE RESOLUTION OF THE
CITY COUNCIL OF MAY 27, 1968 WITH RESPECT TO "O.E.A. TRUNK SEWER
II4PROVEMENT DISTRICT", APPROVING, RATIFYING AND ADOPTING PLANS, '
SPECIFICATIONS AND ESTIMATES FOR CONSTRUCTION OF SANITARY SEWER t
SYSTEM: DECLARING RESULTS OF HEARING HELD WITH RESPECT THERETO:
DIRECTING SOLICATION 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 27, 1968, a 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 sewer improve-
ment assessment district were described, and the Council declared
its intention to construct a sanitary sewer system and to assess
the costs thereof against the property within the boundaries spec-
ially benefited; and
WHEREAS, by the terms of said resolution a hearing was duly `
called to be held in bhe Council Chambers at City Hall in Tigard,
Oregon on June 10, 1968 at the hour of 8:00 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 an legal notice
of said hearing was given by publication in the Tigard Times for
two consecutive publishings on June 6, 1968 and May 30, 1968 prior
to said hearing; and
WHEREAS, said hearing was duly and regularly called to order
and held in the Council Chambers at City Hall, Tigard, Oregon on
June 10, 1968 at the hour of 8:OO p.m., whereat certain persons
appeared and were heard; and .
WHEREAS, by the terms of said resolution and publication,
written objections or remonstrances from not less than 66--2/3% of
the owners of property within the boundaries of said area were
invited, and insufficient remonstrances were filed within the time
allowed;
WHEREAS, all proceedings to date have been in conformity with
223.387 Oregon Revised Statutes and Ordinance 62-6 of the City of
Tigard, and all procedures were regularly and lawfully conducted,
NOW, THEREOFRE,
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section That all matters set forth in the resolution of the City
Council of the City of Tigard, Oregon of May 27, 1968
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, and the boundaries of the area known as
"O.E.A. TRUNK SEWER IMPROVEMENT DISTRICT" as heretofore described
in said resolution, be, and the same are hereby, declared and fixed
Page 1 ORDINANCE No. 68-'41
in accordance with said description.
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 a sani-
tary trunk sewer line within the boundaries of said "O.E.A. TRUNK
SEWER IMPROVEMENT DISTRICT" in conformity in all reasonable partic-
ulars 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 July 8,
1968 at the hour of 8:00 p.m., which date and time is hereby
designated for the opening of bids in the Council chambers of the
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 the 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 three times and number and
title only, this 10th day of June, 1968.
Recorder dity ✓ Tigard
APPROVED: By the Mayor, this 10th day of June, 1968.
Mayor - City ofiT g
Page 2 - ORDINANCE No, 68-41
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Exhibit "A"
O.E.A. Trunk Sewer
Those portions of Section 36 TIS, R1W, W,.M1., and Section 2, T2Sf
R1W, W.M., Washington County, Oregon described as a whole as
follows:
Beginning at the Northeast corner of Palmer Acres, a subdivision
of record, in Sectio 36, T1S, .R1W, and Section 2, T2 S, R1W,
Willabnette Meridian, ashington County, Oregon, running thence
N. 89 22' W. 258 4 'feet to a, point on the Southerly right-o£-
way of the S.W. Pacific Highway; thence Northwesterly at a right
angle to said right-of-way to a point on the centerline of said
: y highway, said point being approximately station 43+00; thence
Northeasterly along said highway centerline to a point, said point
b8ing station 204+99 Back equals 5+33.4 Ahead; thence South
0 27' 55" West 11.16 chains more or less to the Southeast corner
of that'tract of land deeded to Charles I. Haase, et ux, by deed
recorded in Hook 122, ''age 125, Washington County; thence S. 890
41' 51" E. 414.5 feet to the East � corner of said Section 36;
thence Southerly along the East line of said Section 36 to a
point of the R. H. Baldock freeway, (Interstate Highway 5),
said point being approximately station 33+50; thence Southerly
along said centerline to station 39+10.25, said statim being
the intersection of the relocated S.W. Haines Road Station
7+77:.22.7 thence Westerly along the centerline of S.W. Haines Road
to 'p,.prox-imately station 11+09, said station being the intersection
of the iortherly line on the West Portland Heights tract a duly
receided'aubdivisionF thence Westerly along the North line of
said tract 800.2 feet more or less to the Northwest corner ofo
Caid tract; theme North 00 40' West 25 feet; thence South 899 0
2+ West 3:30.2;feat7 thence Soutli 30.44 feet; thence South 89
32' West a distance of 270 feet to a paint on centerline of tesunt
d,a
' Road #245, S.W. 72nd AvenueF then_e continuing Soutlierly on f
said centerline 372.86 feet more or less to.-3-.point; said point
being the Southeast corner of that tract of land deeded to
Alfred Swiener in Bbok 78, Page 428 Washington County deed re-
°'cordst thence Westerly along the Southerly line of said tract
1. 825 feeti thence running South 00 42' East for 891.92 feet to a
4nt on the North line of that tract of land deeded to Bert
u'Ck�bow in Book 180, Page 331, Washington County, Oregon deed
rec rds; thence South 890 g1' East along said Northerly line
382.7 feet; thence South 0 27' West 5$ feet; thence North
890 271 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
tracts thence South 890 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 1" 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.
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