Ordinance No. 75-14 CITY OF TIGARD, OREGON
ORDINANCE NO. 75 - _Li_
AN ORDINANCE ADOPTING, RATIFYING AND CONFIRMING ALL PROCEDURES
AND DETERMINATIONS HERETOFORE MADE WITH RESPECT TO THE "S. W.
MURDOCK STREET IMPROVEMENT DISTRICT" AS SET FORTH IN PRIOR
ORDINANCES AND RESOLUTIONS OF THE CITY COUNCIL OF TIGARD, AND
AUTHORIZING THE ISSUANCE OF BONDS PURSUANT TO THE PROVISIONS
OF THE BANCROFT BONDING ACTS, REPEALING ORDINANCE NO. 75 -/9 ,
AND DECLARING AN EMERGENCY.
WHEREAS, the City Council of Tigard by mace No. 74-22
duly enacted under date of May 20, 1974 (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 des-
cribed, by the construction of sanitary sewer facilities, said
area commonly known as and hereinafter referred to as the "S. W.
MURDOCK STREET IMPROVEMENT DISTRICT"; and
WHEREAS, after due and legal notice, hearings and proceed-
ings as by law required, the City Council of Tigard caused to have
prepared by the City's Engineers plans, specifications and esti-
mates of said improvements, and same were duly adopted and a
contract let for the completion of the work, and the installation
of said improvements was fully performed and the total final costs
thereof determined to be the sum of $ t��, which sum was
apportioned, spread and assessed against tate real property within
the boundaries of said District; and
WHEREAS, assessment rolls, both with respect to the prelim-
inary estimated cost of said improvements and with respect to a
deficit representing the difference between the estimated cost and
- the actual cost, were duly prepared by the City Engineers, and the
total assessment, including the preliminary assessment and the
deficit assessment, was duly adopted by the City Council of Tigard,
and was apportioned and assessed against each property within the
District; and
WHEREAS, all remonstrances were disposed of, and the said
assessments have been duly entered in the Lien Docket of the City;
and applications representing the sum of $15,967.76 having been
filed by various owners of property so assessed to be permitted
to pay the assessments on the installment plan; and
WHEREAS, it is necessary to issue improvement bonds pursuant
to the provisions of the Bancroft Bonding Acts to provide for pay-
ment of the remaining cost of said improvements; and
WHEREAS, the area comprising said assessment district known
as "S. W. MURDOCK STREET IMPROVEMENT DISTRICT" is described on the
attached sheets 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 apportionment, spread of assessment, and assessing of the
cost of installing said improvements within the S. W. Murdock Street
1 - ORDINANCE NO. 75 - /f
e
Improvement District as hereinabove described, be, and the same
are, hereby adopted, ratified and confirmed by the City of Tigard.
Section 2: That general obligation bonds of the City of Tigard
will be issued in serial form and shall be payable in
semiannual installments, in the total sum of $15,967.76, said bonds
to be dated May 1, 1975, numbered consecutively from 1 to 16, in
denominations of $1,000.00 each, e�-cept Bond No. 1 which shall be
in the amount of $967.76, maturing serially in numerical order as
follows:
Bond No. Maturity Date Amount
1 May 1, 1977 $ 967.76
2 May 1, 1978 11000.00
3 - 4, inc. May 1, 1979 2,000.00
5 - 6, inc. May 1, 1980 2,000.00
7 - 8, inc. May 1, 1981 2,000.00
9 - 10, inc. May 1, 1982 2,000.00
11 - 12, inc. May 1, 1983 2,000.00
13 - 14, inc. May 1, 1984 2,000.00
15 - 16, inc. May 1, 1985 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 May
and November 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 coupon 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 and when the same shall be-
come 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 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 pro-
vided bylaw, by written sealed bids to be opened at 2:00 o'clock
P.M., Pacific Daylight Time, on the .4 day of April, 1975, at the
City Hall, Main Street, Tigard, Oregon, notice of said sale to be
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:
2 -"ORDINANCE NO. 75
� s
NOTICE OF BOND SALE
�r-
CITY OF TIGARD, OREGON
NOTICE IS HEREBY GIVEN that written, sealed bids will be
received by the City of Tigard, Oregon, up to 2:00 o'clock Y.M.,
Pacific Daylight Time; on the ,: day of April, 1975, 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, in the amount of $15,967.76, said bonds to be in denom-
in8t ons vi a`i3Ovv.G oaii, cxcapt nc=id rTo, 1 .in the amount of
r, $967.75, dated May 1, 1975, and to mature serially in numerical
order as follows:
i
Bond No. Maturity Date Amount
t
1 May 1, 1977 $ 967.76
1,000.00
2 May 1, 1978 [
3 - 4, inc. May 1, 1979 2,000.00
5 - 6, inc. May 1, 1980 2,000.00
7 - 8, inc. May 1, 1982
2 000.00
9 - 10, inc. May 1, 1982 2,000.00
11 - 12, inc. May 1, 1983 2,000.00
13 - 14, inc. May 1, 1984 2,000.00
15 - 16, inc. May 1, 1985 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, at
the time of award, not to exceed seven (7%) per cent per annum,
payable semi-annually; principal and interest to be payable at the q
office of the City Treasurer of the City of Tigard, Oregon, at
12420 S. W. Main Street, Tigard, Oregon.
All bids will be opened and publicly read at the time and
placeaforesaid and shall be sold to the highest responsible bidder
for not less than 98% of the par value plus accrued interest from
May 1, 1975, to date of delivery. All bidsmustbe in writing,
posted, or delivered in hand to be received by the City Recorder
of Tigard, City Hall, 12420 S. W. Main Street, Tigard, Oregon, on
or before 2;00 o'clock P.M., Pacific Daylight Time, on the
clay of April, 1975. Each bid shall be accompanied by a cerci ie
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 or
the Federal Government shall not require such bid deposit.
The legal approving opinion of Rankin, Walsh, Ragen & Roberts,
Attorneys at Lacy, 620 :Morgan Building, 720 S. W. Washington Street,
Portland, C -.nn, 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 , 1975.
BY ORDER OF THE CITY COUNCIL
CITY OF TIGARD, OREGON
By: Doris Hartig, Recorder
3 - ORDINANCE NO. 75
Section 7: The form of the bond and coupons to be attached
thereto shall be substantially as follows:
UNITED STATES OF AMERICA
STATE OF OREGON
$1,000.00 CITY OF TIGARD No.
GENERAL OBLIGATION 1mrROVEMIE".NT BOND
CITY OF TIGARD, OREGON, for value received, hereby
promises to pay to bearer $1,000.00 on the first day of
19 , plus accrued interest thereon at
the rate o % per annum, payable semi-annually on the
first days of May aftd November of each year, to the
bearer upon presentation of the respective coupons here-
to attached as they mature; both principal and interest
to be paid in lawful money of the United States of Ameri-
ca 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 $15,967.76, num-
bered from l to 16, both inclusive, authorized and
issued by the City of Tigard, Oregon, pursuant to Sec- s
tions 223.205 to 223,300, inclusive, Oregon Revised Statutes.
i,
It is hereby certified by the City of Tigard, Oregon,
that every requirement of law for the issuance and sale of
bonds have been duly complied with, and that this bond is
within every date and other limitation provided by the
Constitution and the Laws of the State of Oregon, and for t
the punctual payment of principal and interest hereof, the
full faith and credit of the City of Tigard, Oregon, are
hereby irrevocably pledged.
IN WITNESS WHEREOF, 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 of
May, 1975.
4
CITY OF TIGARD, OREGON
By:
Mayor
Attested and countersigned:
City Recor er `
That the coupons to be attached to all of said bonds shall
be in the following form:
4 - ORDINANCE NO. 75 /4(
s
Bond No. Coupon No.
elOn 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 improvement bond
numbered as above dated May 1, 1975.
CITY OF TIGARD, OREGON
By:
Mayor
Attested and countersigned:
By:
City Recorder
Section 8: That the previous Ordinance No. 75 - j, adopted by
the Council on February 24, 1975, be and the same
is hereby repealed.
Section 9: It is hereby declared that an emergency 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,
Oregon, may be preserved, and to provide funds wherewith to pay the
obligations arising from the S. W. Murdock Street Improvement Dis-
trict.
PASSED: By the City Council by �is�..s,;.�, « _ vote of all
Council members present, after being read three times
by numer and title only, this lol`'day of March, 1975.
t
Recorder - Cit'y of Ti�rd
APPROVED: By the Mayor, this ; JA-day of March, 1975.
Mayor - City`ootTigard e
5 - ORDINANCE NO. 75 - `
CITY OF TIGARD, OREGON
RESOLUTION NO. 74-_2a_
May 20, 1974
- DECLARING AN INTENTION To CONSTRUCT CERTAIN SANITARIA SEWER IMPROVEMENTS
WITHIN AN AREA DETERMINED TO BE A SEWER IMPROVEMENT ASSESSMENT DISTRICT,
TO BE KNOWN AS SEWER IMPROVEMENT DISTRICT UK- FOR S.W.'SNfMDMK
STREET ; DESCRIBING THE PROBABLE TOTAL COST THEREOF; DEFINING THE
BOUNDARIES OF THE DISTRICT TO BE BENEFITED AND ASSESSED; APPROVING
AND ADOPTING PLANS AND SPECIFICATIONS FOR THE WORK AND ES'TIRXTES OF
THE CITY'S ENGINEER, AND SETTING PUBLIC HEARING AND DIRECTING THE
u Tt°F TFIRREOF.
WHEREAS, the City Council has accepted a petition requesting
sanitary sewer improvements and has ordered preparation of a pre-
liminary engineering report pursuant thereto,at the Council's regular
meeting of March 25, 1974, and
WHEREAS, pursuant to Ordinance No. 62-6 the City Council finds
it expedient and necessary to order the improvement of the herein-
below described lands by construction of sanitary sewer facilities
and appurentances thereto, and pursuant thereto the City's Engineer
has submitted to the Council plans, specifications and estimates for
the work to be done and the probable cost thereof together with a
statement of the Iota, parts of lots and parcels of land to be
benefited and the apportionment of the total cost of the improvements
which each of said lots, parts of lots and parcels of land shall be
assessed on account of the benefits derived; and
WHEREAS, the Council finds that said plans, specifications and
estimates are satisfactory.
NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF TIGARD as follows:
(a) That the City Council does hereby deem it expedi&nt and
necessary, and dose hereby declare its intention to improve the
aforesaid portion of S.W. Murdock Street by construction of sanitary
sewer facilities and appurtenances thereto.
(b) That all lands situated within the boundaries described
on the attached OMOIBIT A" are determined and declared to be a
sanitary sewer improvement assessment district, to be known as "S.W.
Murdock Street Improvement District", and it is further declared that � , r
each lot, part of lot and parcel of land within said boundaries will
be especially benefited by said improvements, and that the total
estimated cost of $26,916.97 for said improvements, shall be assessed
in full, on a aqua, share per lot basis, against all lands within
said improvement district.
(c) That the plans, specifications and estimates with respect
to the $Mmr . improvements as submitted by the City's engineers be,
and the same are hereby, adopted and ordered to be maintained on
file by the City Recorder for public inspection.
(d) That Monday, the 10th day of June, 1974, at the hour of
8:00 P.M., at Charles F. Tigard Grade School, 13137 S.W. Pacific
4: Highway, in Tigard, Oregon, be, and the same Are hereby set as the
time and place for hearing and considering objections or remonstrances
to the proposed improvement by any parties aggrieved thereby.
Resolution No. 74-2,Z,_
(e) 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 a! , 1974
and L`3ca'L.,30 4
(f) Within ten days from the date of the first publication of
the notice of this resolution of the owners of 66 2/3% or more in
area of the property within the boundaries described on "MMIHIT A'
hereto attached. may make and file with the City Recorder a written
objection or remonstrance against the proposed improvements.
Dated at Tigard, osegon this ,2r, day of /-I a, 1974.
Mayor City or Tigard
ATTEST:
City Recorder d C t of T garL
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EXHIBIT "A"
That portion of land in Section 11, Township 2 South, Range 1
West, Willamette Meridian, Washington County, Oregon, being
more particularly described as follows:
Lot(s) 19,20,21,22, 23, 24, and 25 of DARMSL PLAT 3, a
subdivision of record in said County.
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S.W. Murdock Street San. Seder L.I.D.
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