Ordinance No. 75-31 f`
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CITY OF TIGARD, OREGON t
E
ORDINANCE N0. 75
AN ORDINANCE ADOPTING, RATIFYING AND CONFIRMING ALL PROCEDURES
AI4D DETFRMINATIONS HERETOFORE MADE WITH RESPECT TO THE "S.W,
115th STREET IMPROVPDIENT DISTRICT" AS SET FORTH IN PRI07
ORDINANCES AND RESOLUTIONS OF THE CITY COUNCIL OF TIGARD, AND
AUTHORIZING THE ISSUANCE OF BONDS PURSUANT TO THE PROVISIONS
OF THE BA14CROFT BONDING ACTS, AND DECLARING AN EMERGENCY.
WhEtiEA�, the City Council of Tii;ard by Ordinance Nc. 73-25
duly enacted under date of 8/27/73 (a copy thereof being
hereto attached and by reference made a nart hereof), declared
its intention to improve a certain area, as in said ordinance
described, by the construction of street improvements, said area
commonly known as and hereinafter referred to as the "S. W. {
115th STREET IMPROVEMENT DISTRICT": and
WHEREAS, after due and legal notice, hearings and proceed-
,n ,s 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 sura of +72,899,20, which sum was
apportioned, spread and assessed against the 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 $57,479.96 having been
filed by various oemers 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. 115th 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. 115th Street
I - ORDINANCE NO. 75 �(e_
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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
semi-annual installments, in the total sum of $57,479.96, said
bonds to be dated August 1, 1975, numbered consecutively from
1 to 58 , in denominations of $1,000.00 each, except Bond No. 1
which shall be in the amount of $479.96, maturing serially in
numerical order as follows:
Bond No. Maturity Date Amount
1 August 1, 1976 $ 479.^1
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2 - 11, Inc. August 1, 1976 3,000.00
5 - 7, Inc. August 1; 1977 3,000.00
8 - 10, Inc. August 1, 3.978 3,000.00
11 - 13, Inc. August 1, 1979 3,000.00
14 - 16, Inc. August 1, 1980 3,000.00
17 - 19, Inc. August 1, 1981 3,000.00
20 - 22, Inc. August 1, 1982 3,000.00
23 - 25, Inc. August 1, 1983 3,000.00
26 - 28, Inc. August 1, 1984 3,000.00
29 - 31, Inc. August 1, 1985 3,000.00
32 - 34, Inc. August 1, 1986 3,000.00
35 - 37, Inc. August 1, 1987 3,000.00
38 - 40, Inc. August 1, 1988 31000.00
41 - 43, Inc. August 1, 1989 3,000.00
44 - 46, Inc. August 1, 1990 3,000.00
47 - 49, Inc. August 1, 1991 3,000.00
50 - 52, Inc. August 1, 1992 3,000.00
53 - 55, inc.` August 11 1993 3,000.00
56 - 58, Inc. August 1, 1994 3,000.00
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 33: All bonds shall be sold at not less than 98% of par
value plus accrued interest from date thereof to date
of delivery. All such bonds shall be signed by the Mayor and counter-
signed 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 i
applications on file, the City Council of the City of Tigard, Oregon,
will proceed as provided by law to collect all unpaid assessment j
liens.
i
Section 5: That all bonds shall be registered in the office of the f
City Recorder of the City of Tigard, Oregon.
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2 - ORDINANCE NO. 75 J[__
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Section 6: The City Recorder be, and she is hereby, instructed to
advertise the said bonds for sale in the manner pro-
vided by law, by written sealed bids to be opened at 2:00 o'clock
P.M., Pacific Daylight Time, on the 30th day of June, 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 successive weekly publications in all, the first
publication to be on June 12, 1975• The form of notice of sale
shall be as follows:
NOTICE OF BOND SALE
CITY OP TICARD OREGON
NOTICE IS HEREBY GIVEN that, written, sealed bids will be
received by the City of Tigard, Oregon, up to 2:00 o'clock P.M. ,
Pacific Daylight Time, on the 30th day of June, 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 $57,479.96, said bonds to be in denom--
inations of $1,000.00 each, except Bond No. 1 in the amount of
$479.96, dated August 1, 1975, and to mature serially in numerical
order as follows:
Bond No. Maturity Date Amount
1 August 1, 1976 ,a, 479.96
2 - 4, inc. August 1, 1976 3,000.00
5 7, inc. August 1, 1977 3,000.00
8 - 10, inc. August 1, 1978 3,000.00
11 - 13, inc. August 1, 1979 3:000.00
14 - 16, inc. August 1, 1980 3,000.00
17 - 19, inc. August 1, 1981 3,000.00
20 - 22, inc. August 1, 1982 3,000.00
23 - 25, inc. August 1, 1983 3,000.00
26 - 28, inc. August 1, 1984 3,000.00 '
29 - 31, inc. August 1, 1985 3,000.00
32 - 34, inc.. August 1, 1986 3,000.00
35 - 37, inc, August 1, 1987 3,000.00
38 - 40, inc August 1, 1988 3,000.00
41 - 43, inc. August 1, 1989 3,000.00
44 - 46, inc. August 1, 1990 3,000.00
47 - 49, inc. August 1, 1991 3,000.00
50 - 52, inc. August 1, 1992 3,000.00
53 - 55, inc. August 1, 1993 3,000.00
56 - 58, inc. August 1, 1994 3,000.00
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 (7g) per cent per annum,
payable semi-annually: principal and interest to be payable at the
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
t ' place aforesaid and shall be sold to the highest responsible bidder
for not less than 98% of the par value plus accrued interest from
August 1, 1975, to date of delivery. All bids must be 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 30th
day of June, 1975. Each bid shall be accompanied by a certified
3 - ORDINANCE N0. 75 _siL
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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,
C` The legal approving opinion of Rankin, Walsh, Ragen & e'
Roberts, Attorneys at Law, 620 Morgan Building, 720 S. W.
Washington Street, Portland, Oregon, will be furnished the
successful bidder.
(
The City of Tigard, Oregon, reserves the right to reject any
and all bids.
Dated at Ti6aru, Oregon, this day of -_- -�,-- 1975.
BY ORDER OF THE CITY COUNCIL
CITY OF TIGARD, OREGON
By: Doris Hartig, Recorder.
Section 7: The form of the bond and coupons to be attached e
thereto shall be substantially as follows: '
r.
UNITED STATES OF AMERICA [;
STATE OF OREGON
$1,000.00 CITY OF TIGARD No.
GENERAL OBLIGATION IMPROVEMENT BOND t
CITY OF TIGARD, OREGON, for value received, hereby
promises to pay to bearer $1,000.00 on the first day of
19 ius accrued interest thereon at
the rate of per annum, payable semi-annually on the
first days of August and February 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 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 $57,479.96, num-
bered from l to 58 both inclusive, authorized and issued
by the City of Tigard, Oregon, pursuant .:o 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 have been duly complied with, and that this bond is
within every date and other limitation provided by the
Constitution and the Laws of tae State of Oregon, and for
the punctual Daymert of principal and interest hereof, the
full faith and credit of the City of Tigard, Oregon, are-
hereby
rehereby irrevocably pledged.
4 - 'ORDINANCE NO. 75
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 1st day of
August, 1975.
CITY OF TIGARD, OREGON
By:
?+iayor
Attested and countersigned:
City Recorder
That the coupons to be attached to all of said bonds shall
be in the following form:
Bond No. Coupon No.
On the first day of 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 rix months' interest then due _upon its_general
obligation improvement band numbered as above dated
August 1, 1975,
CITY OF TIGARD, OREGON
By:
Mayor
Attested and countersigned:
By:
City Recorder
Section 8: 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 District.
PASSED: By the City Council bysx nam ua`_ vote of all
Council members present, RHO being read three times F
r, by number and title only, this ^ day of June, 1975,
Recorder - Ci y o T11
i d — --
SIGNED: By the Mayor, this —4tFL_ day of June, 197,
�k.
Mayor - City of Tigard ——
z„
5 - ORDINANCE NO. 75
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CITY OF TIGARD, OREGON
ORDINANCE No. 73 -
AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTION OF THE CITY COUNCIL OF
AUGUST 13, 1973 WITH RESPECT TO THE "STREET.IMPROVEMENT DISTRICT No. 1.20.1
(S.W. 115TH AVENUE)", APPROVING, RATIFYING AND ADOPTING PLANS, SPECIFICATIONS
AND ESTIMATES FOR 'STREff IMPROVEMENTS, DECLARING RESULTS OF HEARING HELD WITH
RESPECT THERETO, DIRECTING SOLICITATION OF BIDS FOR CONSTRUCTION OF SAID IMPROVEMENTS,
PROVIDING FOR THE MAKING OF SAID IMPROVEMENTS, 4ND DECLARING AN EMERGENCY
(` THE CITY OF TIGARD ORDAINS AS FOLLOWSt
\ Section It The Council of the City of Tigard finds that a resolution was duly
passed by the Council at its regular meeting_of August 139 19730 a
copy whereof is hereto attached and by this referrace mad= 1 Pert 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 street improvement assessment district were described
and the Council declared its intention to make the improvements as therein described;
and by the terms of said resolution a hearing was duly called to be held in the
administration office of Charles F. Tigard Grade School, 13137 S.W. Pacific Highway,
in Tigard, Oregon, on August 27, 1973 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.
Section 2s The Council finds that pursuant to said resolution, due and legal
notice of said hearing was given by publication in the Tigard Times
for two consecutive publishings on August 16 & 21, 1973 prior to said hearing.
Section 3s The Council further finds that said hearing was duly and regularly called
to order and held in the Administration Offices of Charles F. Tigard
Grade School, 13137 S.W. Pacific Highway, Tigard,Oregon on August 27, 1973 at the
hour• of 8:00 P.M. whereat all interested persons appeared and were heard, and all
written remonstrances received by the City Recorder up to and at the time of the
hearing were read and ordered to be made a part of the record.
Section 4s The Council finds that all objections and remonstrances as thus presented
' r.prior'-to!and.ax.the hearing, represent less than 66 2/3% of the owners
of the property in the area within the improvement assessment district and that the
percentage of remonstrance is not a bar to further proceedings in the making of said
improvements and the Council further finds that all proceedings to date have been
in conformity with Sections 223.387 and 223.389 Oregon Revised Statutes and Tigard
Municipal Code- Title 13 of the City of Tigard, and that all proceedings were
duly and regularly conducted thereunder and are hereby approved, ratified and
confirmed.
Section 5t . That said temonstrarces and objections to the proposed improvements be,
and the same are hereby, overruled, and the City Council be, and it is
hereby, deemed to have acquired jurisdiction to order the proposed improvements to
be made, and that the boundaries as described in said Resolution of August 13, 1973
and as described on "Exhibit A" hereto attached and by this reference made a part
hereof, are hereby adopted and fixed as the ooundaries of the said improvement
'+ assessment district to be benefited and assessed.
Section 6: That the City Council, having acquired jurisdiction to order the
improvements to be made,does hereby authorize and direct the
construction of Improvement within the boundaries of said "Street Improvement
District No. 1.20.1 (S.W. 115th Avenue) in conformity in all reasonable
particulars with the plans and specifications by said Resolution adopted and hereby
ratified and confirmed, with the following exceptions if any:
Section 7s That the City Administrator and the City Engineer be, and they are
hereby, directed to immediately 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 ;_��q_, 1973 at the hour of 2:00 P.M., which date and time is hereby
designated for the opening of bids in the Tigard City hall, 12420 S.W. Main Street,
Tigard, Oregon, all proposals to be then and there publicly read.
Section 8: inasmuch as it 13 necessary to 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
r ordinance shall be effective upon its passage by the Council and Signature by the
`.., Mayor.
e.woon. A.. •i,n I; by unanimous vote of all Council members present, after
+• - being read three times by title and number this 27 day of Aug.
1973.
City Recorder - City o igard
APPROVEDs By the Mayor this 27 day of August , 1973.
Mayor -/City of Timard
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PAGE 2 - ORDINANCE No. 73_-
EXHIBIT "A"
That portion of land in Section 3, Township 2 South, Range 1 West,
Willamette Meridian, Washington County, Oregon, being more particularly
described as follows:
Beginning at the initial point of Woodcrest No. 2, a subdivision of
record in said County; running thence North 300 30' 00" East a distance
of 510.0 feet to the Northerly most corner of that tract of land under
contract to F. E. Trueax as recorded in Boole 729, Page 62, Deed Records
C.: of said County; thence South 750 02' 20" East, along the North line of
the said Trueax tract of land and along an Easterly extension thereof,
a distance of 271.0 feet, more or less, to a point on the centerline
of County Road No. 3i6 (40 sant ::idc S.W. 115th Avenue); thence East
a distance of 20.0 feet to a point on the East right-of-way boundary
line of said County Road No. 358; said point on the East right-of-way
boundary line of said County Road No. 358 being North 130.0 feet from
the Southwest corner of that tract of land conveyed to Edwards Industries
Inc. as recorded in Book 789, Page 174, Deed Records of said County,-
thence
ounty;thence East, parallel with the South boundary of said Edwards tract of
land, a distance of 1210.0 .feet, more or less, to a point on the West
boundary line of Lot 1 of Block 2 of Mira Park, a subdivision of record
in said County; thence South 000 38' 12" West a distance of 53.0 feet,
more or less, to the most Northerly Northeast corner of Lot 2 of Block
2 of said Mira Park subdivision; thence North 890 21' 48" West a
distance of 95.0 feet; thence South 000 38' 12" West a distance of
170.0 feet; thence South 890 21' 48" East a distance of 50.0 feet;
thence South 000 38' 12" West a distance of 561.31 feet; thence South
890 53' 04" West a distance of 1059.36 feet; thence South 000 35' 00"
West' a distance of 155.64 feet; thence continuing South 000 35' 00"
West, crossing S.W. Fairhaven Street, a distance of 50.0 feet; thence
North 890 54' 00" East a distance of 27.50 feet; thence South 000 35' 00"
West a distance of 242.0 feet; thence South 890 54'55" West a distance
of 124.0 feet; thence South 000 33' OC" West a distance of 18.24 feet;
thence North 890 23' 00" West, crossing S.W. 115th Avenue, a distance
of 50.0 feet; thence continuing North 890 23' 00" West a distance of
993.8 feet; thence North 300 31' 00" East a distance of 539.8 feet;
thence South 890 23' 00" East a distance of 383.9 feet to the Southwest
corner of that tract of land conveyed to Donald L. Osborne, et ux, by
"deed, recorded in Book 725, Page 38, Deed Records of said County, said
corner being in the center of a creek; thence Northeasterly along the
West line of said Osborne Tract, following the meandering line thereof,
a distance of 275 feet, more or less, to the Southwest corner of that:
tract of land conveyed to Robert G. Pape, et ux, by deed, recorded
in Book 559, Page 346, Deed Records of said County; thence North 890
23' 001, West a distance of 21.0 feet; thence Northwesterly a distance
of 295 feet, more or less, to the point of beginning of this description.
Containing 37.5 acres more or less.
,
S.W. 115th Avenue
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