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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- �.�_ t_ E 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 � a } 3 j 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; { �t 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. s f y ; a v w iw �w r Ln N o N M v o n �`( h N .. 0 fA 00 u) 0 d to r an co O m Co 1ct'°`r o V coa% o ON m m co v w to m %n !T CO Q, � d t'1 .d .•1 N! J s . r -1 0 - O r Co N 'i tT r 0 ON 01 � oa r o .-a o oc F a IA o w a G O M anLm N F .•t d'` O O C O Ci O N 0 d d uOp ui o A ci o a o + o 0 0 0 o 0 0 0. o, O O a C O o O O o O 1®. F F N nY V in h O! O Q rt I-1 d d r1 d .i d '. i 8 e a • H i C a 6 a M i a d cT O ,p d 6Q C" 7 i'I d d rl 11t. N N .-1 M ,� rl ka 14 +4 N ON 1CY N an N +a v n V1 w Ln s � a a a x R a ® a f •�1 ■ a 14 14 d s 14 0 o � s� d o at w u o a t O O A 0 ai x U Ie 4 41 .°6faw � w � w ox a dau was A � � � zn 3 � g r�A!qf a! 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