Ordinance No. 70-40 CITY OF TIGARD, OREGON
ORDINANCE No.70- 40
AN ORDINANCE ADOPTING, RATIFYING AND CONFIRMING ALL PROCEDURES
AND DETERMINATIONS HERETOFORE MADE WITH RESPECT T'0 THT"LERJN HEIGHTS
SEWER IMPROVEMENT DISTRICT" AS SET FORTE IN PRIOR ORDINTNCES AND
RESOLUTIOINdi OF THE CITY COUNCIL OF TIGARD, AUTHORIZING ISSUANCE OF
BONDS PURSUANT "t'0 THE BANCROF'T BONDING ACTS, AND DECLARING AN EMERGENCY.
WHER,'AS, the City Council of Tigard by Ordinance No: 69-57
duly enacted under date of July 14; 1969 (a copy whereof is hereto
attached and by reference made a part hereof) declared its intention
to improve a certain area as in said ordinance described, by cor_-
struction of a sanitary trun:t sewer line, said area being commonly
known as and 'hereinafter referred to as "LERON HEIGHTS SEWER IMPROVE'-
MENT DISTRICT"; and
allEREAS, 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
completion of the work, and the installation of said sanitary trunk
sewer line was fullyperformed and the final costs thereof determined
to be the sum of $23.014..2 , and said sar was apportioned,
spread and assessed against the real property within the bounda.lies
of said. Leron Heights Sewer IPMprovement District; and
WHEREAS, said assessment roil 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, a certain remonstrance filed by Sven H. Kvarnstrom
and Svea E. -Kvarnstrom was duly considered by theCouncil at its reg-
alar meeting of September 111, 1970 and the Council determined that
the proposed assessment against the Kvarnstrom lands was inequitable
and in excess of the benefits conferred thereon by the public improve--
ment and that the said assessment should be reduced; an- the Council
further determined that the overplus may properly be considered as
a general benefit to the entire project; 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 enterer: 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 $14,976,.04 with interest from
September 14 19`10; 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
(lity of Tigard, Oregon for the amounts required to service said bornds
:,;id by setting off the amounts estimated to become available from the
payments of assessments during; such budgetary period; and
Page 1 _ ORDINANCE No. 7,,,- 40
i,
WHEREAS, the area comprising said assessment district known
as "Leron Heights Sewer Improvement District" is described on the
attached sheet designated Exhibit "A",
NOW, THEREFORE,
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: That all proceedings conducted by the City Council with
respect to all matters, conditions and actions precedent
to the aaportionmer_t, spread of assessment and assessing of the cost
of said improvements within "Leron Heights Sewer Improvement District"
as hereinabove described, be, and the same are, hereby adopted, rati-
fied and confirmed by the City of Tigard, including the reduction of
the assessment against the lands of Sven H. Kvarnstrom and Svea E.
Kvarnstrom from $1+,967.30 to $3,167.56 as authorised by the Council
at its regular meeting of September 14, 1570.
Section_ 2: That general obligation bonds of the Citycf Tigard, Oregon,
will be issued in serial form and shall be payable in
semi-annual installments, in the total sum of $ 14,976.04 , said
bonds to be dated November 1, 1970 numbered consecutively
from 1 to 15 , in denominations of . 00.00 each, except Bond
No. 1 which shall be in the amount of , maturing serially
in numerical order as follows:
3ond No. ,Maturity Date Amount
1 November 1, 1971 $ 976.04
2 November 1, 1972 1,000.00
3 November 1, 1973 1,000.00
4 November 1, 1974 1,000.00
5 November 1, 1975 1,000.00
6-7 November 1, 1976 2,000.00
8_9 November 1, 1977 2,000.00
10-11 November 1, 1978 2,000.00
12-13 November 1, 1979 2,000.00
14-15 November 1, 1980 2,000.00
Said bonds shall bear interest at a sate not to exceed seven
(7`,'.) per cent per annum payable semi-annually ont he first days of
November and May 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 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 Mayor and countersigned by the City Recorder
of the City of Tigard, Oregon. The coupons attached thereto shall
bear the facsimile signatures of 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 and when the same shell become
due, and the City of Tigard, Oregon hereby covenants and agrees with
page 2 - ORDINANCE No. 70- NGy
}4
7
u
each successive holder of each of such bonds and coupons that n 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 nrov2*ded by law to collect all unpaid assessment liens.
Section 5: That all bonds shall be registered in
nOthe office of the
City Recorder of the City
of n.
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 26th day of October, 19`110 at the
City ki,_ll, Main Street, Tigard, Oregon, notice of —.id sale to be
given by publication in the Tigard T-'-nes, 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:
,NOTICE OF BOND SALE
CITY OF TIGARD, 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 26th day of
October, 1970 at the City Hall, 1242E S. W. Main Street,
Tigard, Oregon, for the sale of general obligation imprave-
fnent bonds of the City of Tigard, Oregon, in the amount of
$ 14,976.04 , said bonds to be in denominations of
$ 1,000.00 each, except Bond No. 1 in the sum of
$ 976.04 , dated November 1, 1970 and to mature
serially in numerical order as Follows:
Bond _?Qo. LiaturI�LDate Amount
1 November 1, 1971 $ 976,04
2 November 1, 1972 11000,00
3 November 1, 1973 1,000.00
4 NO 1, 1974 1,000.00
5 November 1, 1975 1,000.00
6-7 November ?.. 1976 2,000.00
8-9 November 1, 1977 2,000.00
10-11 NO 1, 1978 2,000.00
12-13 November 1, 1979 2,000.00
14-15 November 1. 1980 2,000.00
Said bonds shall bear interest at the rate or rates
to be determined by the City Council of Tigard at the tifue
of award, not to exceed seven (7p) per cent per annum, pay-
able seali--annually; principal and interest to be payable
at the office of the City Treasurer of the City of Tigard,
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, November 1, 1970to date of delivery. All
bids mus be in writing, posted, or delivered in hand to be
received by the City Recorder, City Hall, 12420 S. W. Main
Street, Tigard, Oregon, on or before 8:00 p.m., an October
26, 1970• Each bid shall be accompanied by a certified
a
40
Page 3 - ORDINANCE No-70-
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 legal approving opinion of Shuler, Rankin,
Myers, Walsh & Ragen, Attorneys at Law, 620 Morgan Building,
720 S. W. Washington, Portland, Oregon, will be furnished
the successful bidder.
'file City of Tigard, Oregon reserves the right; to
reject any and all bids.
Dated at Tigard, Oregon this oth day of October, 1970.
BY ORDER 01V THE; CIT`! COUNCIL
CITY OF TIGARD, OREGON
By: Doris Harti - Recorder
Section 7: The form of bons and coupons to be attached thereto shall
be substantially as follows:
UNITED STATES OF AMERICA
SPATE OF ORrGOW
CITY OF TIGARD
No.
GENERAL OBLIGATION IiiPROVEMENT BOND
CITY OF TIGARD, OREGON, for value received, hereby
promises to pay to bearer von the first day of
_, 19_, with interest thereon at the rate of
per cent per annum, payable semi-annually on the
first days of November and May _ 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. State 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 14,976.04 ,
numbered from 1 to 15 , both inclusive, authorized 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 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 for
the punctual payment of principal and interest thereof,
the full faith and credit of the City of Tigard, Oregon are
hereby irrevocably pledged.
IN WITNESS WHEREOF, the City of Tigard, Oregon has
Page 4 - ORDINANCE No.70- 40
,ry
caused tW,s bond to be signed by its Mayor, and attested
to and countersigned by its City Recorder, this day
' of
�- CITY OF TIGARD, OREGON
By:
may or
Attested and countersigned:
Recorder
r,O'urON
Bond No. Coupon No.
On the first day of _ 19
CITY OF TIGARD, OREGON wi11 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 improvement bond
numbered as above dated
CITY OFFS/TIGARD,
ORE�GOtQ
By' -r"�N—Y�>o
Attested and countersigned:
By: City Recorder
Section a: It is hereby declared that an emergency exists and that
A 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 'Nayor in order that the credit of the City of Tigard
may be preserved and to provide funds wherewith to pay the obligations
arising from the "Lenon tieights Se,Jer Improvement District".
<n
PASSED: Byunanimous vote of. all Council members present, after
being; read three times by number and title only, this
28th day of September, 1970.
eoorder it gard
> APPROVED: By the Mayor, this 28th day of September, 1970.
for City Tigard
Page 5 - ORDINANCE No.?O- 40
w
r
F
CITY OF TIGARD, OREGON
ORDINANCE NO. 69-
AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTION OF THE
CITY COUNCIL OF JUNE 23, 1969 WITH RESPECT TO "LERON HEIGHTS SEWER
I_QPROVEMENT DISTRICT"; APPROVING, RATIFYING AND'ADOPTING PLANS,
nECIF'1CA'TIONS AND ESTIPtATES FOR CONSTRUCTION OF SANITARY SEWER
SYSTEM: DECLARING RESULTS OF HEARING HELD WITH RESPECT THERETO:
DIRECTING SOLIC2XTION OF .BIDSFOR 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 June 23, 1969, 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 des,ribed, 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 the Tigard Community Center at 8885 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 or 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
(3) 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. Commercial Street
in Tigard, Oregon on July 14, 1969 at the hour of 8:00 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 66-2/38 0£
the owners of property within the boundaries of said area were
invited, and all objections and remonstrances as thus presented prior
to and at the hearing represent less than 66-2/38 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
t in the making of said improvements;
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 1wwfully conducted,
NOW, THEREFORE.
,a
THE CITY OF TIGARD ORDAINS As FOLLOWS:
Section l: That all matters set forth in the resolution of the City
Council of the City of Tigard, Oregon on June 23, 1969
a copy whereof is hereto attached marked Exhibit "A" and by reference
i
hereinmadea part hereof to the same legal force and effect as if
q sat forth herein in full, be, and the Name are hereby approved,
ratified and confirmed, and the boundaries of the area known as
's LET_tON HEIGHTS SEWER IMPROVEMENT DISTRICT" as heretofore described
in said zesolution, be, and the same are hereby, declared and fixed
t,
Pacte 1 - ORDINANCE No. 69 -6,-
"
ill accordance with said description.
Section 2: Tnat the City Council of the City or 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 "LERON HEIGHTS
SEIVER 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 riot less than two consecutive issues, the
first publication to be not less than ten (10) days prior to August
1969 at the hour of 8:00 p.m., which date and time is hereby
dezignated for the opening of bids in the Council Chambers of the
City Ball, all proposals to be then and there publicly read.
_Section n: 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 i-J day of July, 1969.
T
Recorcler - City oTzg �
APPROVED: By the Mayor, this -/day of July, 1969.
Mayo—' r City'of
Page 2 - ORDINANCE No. 69 T7
r
n•.