Ordinance No. 70-33 CITY OF TIGARD, OREGON
ORDINANCE No.70-_,_3,3,.,,,
:. AN ORDINANCE ADOPTING, RATIFYING AND CQNFIRMING ALL PROCE..
AND D.E'LERDIINATIONS HERETOFORE MADE
'WITH RESPECT TO-THE "98th AVENUE
SEWEI"IMPRO4EWNT--DISTRICT" AS SET FORTH IN PRIOR ORDINA'iv `O
COUNCIL OF TIGARD, AUTHORIZING ISSUANCE OF
BONDS PURSUANT TO THE BANCROFT BONDING ACTS, AND DECLARING AN
EMO IUCY.
WHEREAS,the City Council of Tigard by Ordinance No.69-60
duly enacted under date of July 14, 1969 (a copy thereof being hereto
attached and by reference made a part hereof), declared its intention,
to improve a. certain area as in said ordinance described, by con-
structing a sanitary sewer system, said area being commonly known as
and hereinafter referred to. as "98th AVENLIE SEWER IMPROVEMENT DISTRICT
WHEREAS, after due and legal notice, hearings and proceedings
as by law required, the City Council of Tigard caused to have prepared
by the City's Engineer, plans, specifications and estimates of said
improvements: and same .were duly adopted and a contract let for the
completior_ y�f the work, and the installation of said sanitary sewer
system was ;fully performed and the final coststhereof determined to
be the sum of $26.,603.01, and said sum was apportioned, spread and
assessed against the real property. within the boundaries of said
98th Avenue Seeger 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 City Council; 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 ofthe
City with a. present unpaid amount of assessment as of the date. of
this ordinance in the sum of $20,T09-91 with interest from June 30,
1970; 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 1970-71 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
" WFIZPXAS, the area comprising said assessment district known as
f�
1198t Avenue Sewer Improvement District" is described on the attached
sheet. designated Exhibit i°A",
;3 NOW, THEREFORE,
A
Page>1 - OP,DIN- uCE N040-
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THE CITY OF TIOARD ORDAINS AS FOLLOWS:
Section_1: That all proceedings conducted by the City Council with
t, respect to all matters, conditions and actions precedent
to the apportionment, spread of s.ssessment and assessing of the cost
of said improvements within 1198th Avenue Sewe?• Improvement District"
as hereinabove described, be, and the same are, hereby adopted, rati-
fied and confirmed by the City of Tigard.
Section 2: That general obligation bcndG 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 $20,709.91,
said bonds to be dated September 1, 1970, numbered consecutively from
1 to 11, in denominations of $2,000. each except Bond No. 1 which
shall be in the amount of $709.93., naturinE serially in numerical
order as follows:
Bond No. Maturity Date Amount
1 September 1, 1971 $ 709.91
2 September 1, 1972 2,000.00
3 September 1, 1973 2,00.0.00
4 September 13 1974 2,000.00
5 September 1, 1975 2,000,00
6 September 1, 1976 2,000.00
7 September 1, 1977 2,000.00
8 September 1, 1978 2,000.00
9 September 1, 1979 2,000.00
10 September 1, 1980 . 2,000.00.
11 September 1, 1951 2,000.00
Said bonds shall bear interest at a rate not to exceed seven
(7%) per cent per annum payable semi-annually on the first days of
March and Septemberofeach year, as evidenced by coupons to be at
tacked thereto. Beth principal and interest upon said bonds shall be
payable at the office of the City Treasurer, City of Tigard, Oregon.
Section 3: All bonds shall be sold at par value plus accrued inter-
est from date thereof to date of delivery. All such bonds
shall be signed by the M4yor and countersigned by the City Recorder
of the City of Tigard, Oregon. The coupons attached thereto shall
bear the facsimile signatures of the said officers of the City.
Section 4: 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 aiid 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 acoupons that in the
and
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 5: That all bonds shall be registered in the office of the
City_Recorder of the City. of Tigard, Oregon.
Section 6: The City Recorder 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 313t day of August, 1970 .at the
City Hall, Main street, Tigard, Oregon, notice of said sale to be
Page 2 :- ORDINANCE No.70-.33
4\
given by publication in the Tigard Times, a newspaper of general
circulation, published within the said City of Tigard, once each week
for three publications in all. The form of notice of sale shall be
as follows: r
NOTICE OF BOND SALE
CITY OF TIGAkD, OREGON
NOTICE IS HEREBY GIVEN that written, sealed bids will
be received by the City of Tigard, Oregon, up to 8:00 P.M.
Pacific Daylight Saving Time, on the 31st day of August,
1970 at the City Hall, 12420 S. W. Main Street, Tigard,
Oregon, for the sale of general obligation improvement
bonds of the City. of Tigard, Oregon, im•amount of $20,709.91,
said bonds to be in denominations of $2,000. each, except
Bond No. I in the sum of $709.91, dated September 1, 1970,
and to mature serially in numerical order as follows:
Bond No. Maturity Date Amount
1 September 1, 1971 $ 709.91
2 September 1, 1972 2,000.00 .
3 September 1, 1973 2,000.00
4 September 1, 1974 2,000.00
5 September 1, 1575 2,00.0.00
6 September 1, 1976 2,000.00
7 September 1, 1977 2,000.00
8 September 1, 1978 2,000.00
9 September 1, 1979 2,000.00
10 September 1, 1980 2,000.00
11 September 1, 1981 2,000.00
Said bonds shall bear interest at the rate or rates
to be determined byr the City. Council of Tigard at the
tame of award, not to exceed seven (7.) per cent per annum,
payable semi-annually, principal and interest to be pay-
able at the office of the City Treasurer of the City of
Tigard, ORegon, 12420 S. W. Main Street, Tigard, Oregon.
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 September 1, 1970 to date of delivery. All
bids must be in writing, posted, or delivered in hand to be
received by the 3ity Recorder of Tigard, City Hall, 32420
S. W. Main Street,. Tigard, Oregon, on or before 8:00 P.M.
on August 31, 1970.. Each bid shall be accompanied by a
certified check on a bank doing business in the State of
Oregon, for not lest than two (2%) per cent of the par
value :of the bonds hereby offered for sale, except .that any
r bid of the State. of Oregon shall not require such bid deposit.
The legal approving opinion of Shuler, Rankin, Myers
&Walsh, Attorneys at Law, 620 Morgan Building, 720 .S.W.
Washington, Portland, Oregon, will be furnished the
successful bidder.
Page 3 ORDINANCE No.70- 33
The City of Tigard, Oregon reserves the right to
reject any and all bids.
Dated at Tigard, Oregon this 10th day of August, 1970•
BY ORDER OF THE CITY COUNCIL
CITY OF TIGARD, OREGON
By: Doris Hartig. Recorder
.�eation The form
of bond and coupons to be attached therEto
shall be. substantially as follows:
UNITED STATES OF AMERICA
STATE OF OREGON
CITY OF TIGARD
GENERAL OBLIGATION IMPROVE1.1ETNT BOND
CITY OF TIGARD, OREGON, for value received, hereby
promises to pay to bearer on the first day
of &;,Otember, 19 , with interest thereon at the rate
____
of per cent per annum, payable semi-annually
on the first days of Marsh and September of each year,
to. the bearer- upon presenta:bion of the respective
coupons hereto attached as they mature. both principal
and interest to be paid in lawful money* of the United
States of kmeriea at the office of tine City Treasurer,
City. of Tigard, Oregon.
This bond is one of a series of like date. and tenor,
except as to wa urity.'date , aggregating $20,709.91,
numbered from l to 11, both inclusive, 'authorized and
Issued by tine :.ity: �f 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 avery requirement of law for the issuance and sale
of bonds 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 dor
the punctual payment of principal and interest her ,
the full frith and credit .of the City.of Tigard, Oregon
are hereby irrevobably pledged.
IN WITNESS WHEREOF, the City uf.:Tigard, Oregon has
caused this bond to be signed by its Mayor, and attested
to and countersigned by. ita City Recorder, this let day
of September, 1970••
CITY OF TIGARD, OREGON
By. Mayor
Attested and countersigned:
ty, ecor.�ex
Page .4 ORDINANCE Tdo'.70-a3__
s
COUPON
Bond No.— Coupon No.____�
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 s general obligation improvement
bond numbered as above dated September 1, 1970:
CITY OF TIGARD, OREGON
By:
Mayor
Attested and countersigned:
By:
ty. Recor er
Section 8: It is herebydeclared that an eaergency exiets 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 ap-
proval 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 1198th Avenue Sewer Improvement District".
PASSED: By unanimous vote of all Council members present, after
being read threetimes by number and title only, this
10th day of August, 1970.
Recorder_ ; gait
t ,i
APPROVED: By the Mayor, this 10th day of Augusta: 1970.
mayor
- gaxd
.0
z
raga,5,- ORDINANCE NO-70 33
EXHIBIT "A"
CITY OF TIGARD, OREGON
ORDINANCE NO. 69- CC'
AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTION OF THE
CITY COUNCIL OF JUNE 23, 1969 WITH RESPECT TO " 8th AVENUE SEWER
IMi ROVEMENT DISTRICT";,
APPRCVMATES FORCONSTRUCTION RATIFYING
AND NOF SANITARY -EWER
SYSTEM: DECLARING RESULTS OF HEARING HELD WITH RESPECS THERETO:
DIRECTMAKINGIOF SAID IIMPRO OVENENITS_ FOR
AND DECLALARINGIAN, FOR THE
EMERGENCY
WHEREAS, a resolution was dulk passed by the City Council of
the City of Tigard at its regular meeting of June 23, 1969, a copy
whereof is hereto attached and by thla reference made a part hereof
to the same legal force and effect as if set forth herein in Hall,
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 hereof against the property within the boundailies spec-
ially benefited; and
.WHEREAS, by the terms of said resolution a hearing was duly
called to be held in the Tigard Community Center at 8845 S.W. Commer-
cial Street in Tigard, Oregon on July 14, 1969 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 of 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 for three
(3Y consecutive publishings on June 27, July 4, and July 11, 1969 prior
to said hearing; and
WHEREAS, said hearing was duly and regularly called to order
and held in the Tigard Community Center at 8845 S. W. Comaaercial Street
in Tigard, Oregon on July 14, 1969 at the hour of 8:00 p.m„ whereat
certain petsons appeared and were heard; and
WHEREAS, by the terms of said resolution andpublication,
written objections of remonstrances from not less than 6-2/34 of
the owners of property within the boundaries of said area werer
invited, and all objections and remonstrances as thus presented prior
to and at the hearing represent less than 66-2/3% of the owners of this
property in the area within the improvement assessessment district and
that the percentage of remonstrances is not a ban to further proceedings
it the making of said improvemc•:its,
WHEREAS, all proceedings to date have been in conformity with
223.387 and 223.359 Oregon Revised Statutes and Ordinance 62-6 of the
City of Tigard, and all procedures were regularly and lawfully conducted, .
NOW, THEREFORE,
THE CITY OF TIGARD OnDAINS AS FOLLOWS:
Section l: That all matters set forth in the resolution of the City
Council of the City of Tigard, Oregon of June 23, 1969
herein made a part hereof to the same legal force and effect as 9C
set forth herein in full, be, and the same are hereby approved,
ratified and confirmed, and the boundaries of the area known as
"98th AVENUE SEWER IMPROVEMIT DISTRICT" a3 heretofore described
in said resolution, be, and the tame are hereby, declared and fixed
Page 1 - ORDINANCE No. 69-Co
in accordance with said description.
Section 22: That the City Council of the City of Tigard, having
acquired jurisdiction to order the improvement to Le
made, does hereby authorise and direct the construction of a sani-
tary trunk sewer line within the boundaries of said "98th AVENUE '
SEWER IMPROVEMENT DISTRICT" in conformity in all reasonable partic-
ulars with the plans and specifications by said resolution adopted
and hereby ratified ana candid.'
Section That the City Administra*.r'r 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 August JF
1969 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 H&U, 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 day of July, 1969.
eo` er of TI-��
l
APPROVED: By the Mayor, this L�L day of July, 1969.
bra or City Of �
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Page 2 ORDINANCE No. 59-4e,
F
EXHIBIT "A"
RESOLUTION OF THE CITY COUNCIL OF TIGARD# OREGON, DECLARING IN
r ENT ION TO CONSTRUCT A SANITARY T RuNz SOMA IN AN ARBA DETERMINED
To BE A SEWER IMPROV1:MiSNr.ASSEusA ENT DISMICT TO BE KNOWN AS 98th
IMPROVZnNT DIS
AVENUE SEWER TRICT pROVIDIUG FOR THE ASSESSMENT OF'
THE TOTAL COSTS AGAINST ALL LANDS IN THE DISTRICT T BEING
COUNCILIPSO%ALLY
BENEFITED AND SETTING A HEARING AS PASSED BY THE CITL OF
TIGARD, OREGON, AT ITS RECULAR KSETING of JUNE 23, 1969
? ;OLUTI'ON 69-8
WHEREAS, the City Council proposes to delineate a sewer
improvement assessment district for the purpose of constructing a
sewer trunk line to service the hereinafter describe
�stnds within
an area to be known as the 98th Avenue Sewer I7aprovn
and
WHEMAS, p!jrsuart to Ordinance 52-6 the City Council fends
it expedient and necessary to order the improvement of tete heraein-
after described lands by the conatruction of sewer trunk facilities
and pursuant thereto the City Enrinear has submitted to the Courail
plans, specifications, and estimates for the urork 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
cosh of
andtof the parcels ofplands®nts shallhich pay oncaccountcoflthe, parts Obenefi+.sflots
obe
derived, and
WHEREAS, the City Council finds that such plans, speci2icstiona
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 does it expedient and
necessary and doer hereby declare its intention to c0n6txuct 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 Aw and by referenes made s part
hereof. i
(b) That all 14,Ads situated within the boundaries described
On the attached "Exhibit l." are determined and declared to be a
sewer improvement assessment distract and it is further declared ;
that each lot, part of lots, and parcel of land within said bowndazies
will be specially benefited by the said improvement and the total
9stimatod cost of said $39,000 for.said„improvement, $34,000 of which i
shall be assessed In full.
(c) That the total probable cost of .said improvements including
engineering, right-of-Way,superintendence, advertising, and legal
expense is the sura of $39,004, and of said total stags, $5,000 shall be
paid by the City, and the sum of $36,000 by the property owners and
that said sums are based up`.n .�
roeanAnle relationship between the
benefits derived by the properties especially assessed and tete pabbts
derived by the City as a whole.
�. (d) That the plan:,
, specifications and estimates with respect
` 7 to the sewer improvement submitted y the City's Eszgi�t8ets be, and
b
the same are hereby,-adopted-'and ordered to be maintained on file by
the City Recorder for public inspection.
h
(e) That Monday, the 14th day of July 1969 at the hour
of Beoo p.M. and the Tigard Community Center, 8845 SW Commercial
Street in Tigard, Oregon, be, and the same are hereby, set as the
Z time and place for hearing and considering objections or remonstrances
to the proposed improvement by any parties aggrieved there:;y.
(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 June 27, July 3, 10, 1969.
(g) Within ten days from the date of the first publication
of the notice of this resolution, the owners of 66 and 2/39 or
more in area of the property within the boundaries described on
"Exhibit A" hereto attached, may make and file with the City Clerk
a smitten objection or remonstrance against the proposed improvement.
i
I
� c
Dated at Tigard, Oregon this - day of June, 1969.
t9 y -City O�1r2 Vr~i i
.. ATTEST:
City Recorder cit 'of Tiga'ra
s;
{
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RESbLurIoN No 69-
EXHIBIT "A"
:)gth Avenue Drwer Improvement
s those portions of land located in Section 35, Township 1 South,
Range l West, Willamette meridian,
and in Section 2, Township 2 South,
Range 1 West, Willamette Meridian, Washington County, Oregon; more
particularly described as follows:
Beginninq at the southeast corner of Lot No. 1 of Greenburg
heights Addition, a subdivision of record in Washington County Deed
ing the Southwest corner of Lot M. A
Records, said career also be
of Boetchers Addition, a subdivision of record in said County Records
running thence Northerly 4.054.2 feet, more or less, along the Easterly
line of the said Greenburg Heights Addition and an extension thereof,
to the Northeast corner of Lot No. 3 of Greenburg Heights, a subdivision
of record in said County Records; thence South 890 58' West 159.19 feet
to a point on the North line of the said Lot No. 3, said point also
hild
being the Southeast corner of that tract of land deeded to Borg
m. Strom as recorded in Book 450, Page 195, Deed Records, Washington
County, Oreuor.; thence, Northerly along the Easterly Property line
of the said Strom tract, to a point of intersection with the southerly
right-of-war boundary line of S.W- Greenburg Road; thence, running
Northwesterly alone) the said boundary line of. Greenburg Road, to a
point of intersection with the westerly right-of-way boundary line
of S.W. 98th Avenue,, thence, continuing along the said Greenburg
Road boundary line a distance of 113.57 feet, more or lei>, to the
most Northerly northwest corner. of that tract of land deeded to
Harold K. Alma D. Hadley as recorded in Book 341, Page 309, Deed
Records, Washington County, Oregon; thence, running Southwesterly
along the most northerly westerly property line, of the said Hadley
tract, and a Southwesterly extension thereof, to a point of inter
section with the Northerly property line of that tract Of land deeded
to Harold and Margrer.te Hanna as recorded in Book 482, Page gYbilel
Deed Records, ,dashington Countyd Oregon; thence southerly, p
with the said westerly boundary line of S.W. 98th Avenue, to a point
of intersection with the Northerly right-of-way boundaronliae of
the Southern
pacific Railroad; thence, ,Sc ,theasterly g
Railroad boundary line to the Northerly extension of the West line of
Lot`59 of the Amended plat of North rigardviile Addition, a `subdivision
of record inashington County; thence; South 160 12` West to the
Southwest corner of said Lot No. 59, said Southwest corner being a
PO in the center of Fanno Creek; thence, Easterly and downstream
in the `center of the said creek and an extension thereo1496 (Sato a point
of intersection with the centerline of County
W.
Grant Avenue) ; thence, Northeasterly along the centerline of the said
County Road, to a paint of intersection with a Northwesterly
of the most Soutiwont>.rly yruperty line of that tract of land deeded
t.cJohn H. y ftazei i ohar.son as recorded in Rook 4?2, Page 692,
ra a+ e t o ,Y,,r P r s r _?: ,r ); rner
of the said Jv�+adnson tract of iand, Fnce, running +ortt+eastezly
along the most Southeasterly property line of the said Johanson tract
G and extension tnereof, to a point of intersection with the said
Northerly right-of-way boundary line of the said Railroad; thence,
¢ Northwesterly along the said Railroad boundary line, to a point of
i intersection witty the Westerly right--of-wav bovndary line of County
Road No. 1447 (s. v;. 95th Avenue) ; thence, continuing Northwesterly
along the said Railroad boundary line a distance of 200 feet, .to a point
on the said: Railroad boundary'line; thence Northeasterly, and parallel
with the said County Road No. 1447, to a point on the South line of
the John L. Hicklin Donation land claim No. 54; thence, Westerly along
the said Donation La
Claim line, to the point ofbeginningof this
{ description. Excluding those lands which lie within Railroad right-of-
' ,day }in,snarte•: and within Public Roadways.
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