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Ordinance No. 62-14 CITY OF TIGARD ORDINANCE NO. 6;6r— it N ADnTLYAwV ADOPTING_ RATIFYING AND CONFIRMING ALL PROCEDURES AND DETERMINATIONS OF THE FORMER TIGARD SANITARY DIST- RICT WITH RESPECT TO JOHNSON STREET SEWER INPROVEMENT.DISTRICT, AUTHORIZING ISSUANCE OF BONDS PURSUANT TO THE PROVISIONS OF THE BANCROFT BONDING ACTS AND DECLARING AN EMERGENCY. WHEREAS, The Tigard Sanitary District, a duly organized municipality of the State of Oregon heretofore existing, did by Ordinance Number 18 of said District, a copy thereof being hereto attached and by reference�made_a'Rarthereof, 84 ineaid 0itsninte ance tiong d'�'y enacted under date vc .+u•r �., An ---- to improve a certain area as in said Ordinance described by in- stallation of interceptor and lateral sanitary sewers, said area being treetcommonly known as an Districtnaandr referred to as the Johnson Sewer WHEREAS, after due and legal notice, hearings and proceed- ings as by law required, the Tigard Sanitary District caused to have prepared by the District's Engineer, plans specifications and estimates of said improvements and same were duly adopted and a contract let for the evement1Was complof ehe tion rforaedand andthe theifinallation costs oL said sewer imp , and said sum thereof determined to be the sum of y ro ert with- was apportiarsd, spread and assessed aga nst t e real-property District; in the boundaries of said Johnson Street Sewer Imp and WHEREAS, said assessment roll with respect to said impaove- ict was duly prepared ment distrby the engineer for the Tigard San- rep each property within the dis itary District and the a - trict was duly adopted by the Tigard Sanitary District; and WHEREAS, applications were filed by various owners of the real premises so assessed to be permitted to bond said assessments as by law required, and proceedings were thereafter conducted by said Tigard Sanitary District for the sale of the bonds pursuant to the terms of Sections 223.205 to 223.300, inclusive, Oregon Revised Statute, ;Bancroft Bonding Act); and WHEREAS, prior to the sale of said bonds, and effective September 13, 1961, the Tigard Sanitary District ceased to exist as a municipal entity by reason of all area thereof being included within the corporate;limits of the newly formed CITY OF TIGARD, OREGON; and WHEREAS, applications as filed by the various owners of real property so assessed to be permitted to bond said assess - menta having been entered in the Lien Docket of the City with a - present unpaid amount of assessment as of the date of this ordinance In the sum o£"$31,864.10, with interest from a..d WHEREAS, it is necessary to issue improvement bonds pur- suant to ft BonnA the provisions of the Ban��ementsaiand cts to pay the remaining unpaid costs of said imp i Page 1 Ordinance No. ,s provision has been made in the 1962-63 budget of the City of rd, 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 WHEREAS, the area comprising said assessment district as determined by the former Tigard Sanitary District herein referred to, to be 'known as the JOHNSON STREET' SEWER IMPRomM DISTRICT is described as follows: Beginning at the most westerly corner of Lot 35 of. NORTH TIGARDVILLE ADDITION, ion in a duly recorded subdivis Section 2, T. 2 S., R. 1 W., W.M., and running thence N. 45° E. 11.275 chains to the most northerly corner of Lot 3R of said NORTH TIGARDVILLE ADDITION; thence S. 570,401 EQ.385 chains to the most westerly corner or Lot a oo AMENDED PLAT OF NWAiTH TIGARDVILLE ADDITION; thence N. 39 53' E. 6.73 chains to the most northerly corner of said Lot 8; thence N. 57° 40' W. 0.63 chains to the most west- erly corner of Lot 50 of said amended plat; thence N. 39° 53' E. 8.0 chains to the most northerly corner of Lot 52 0= 5814 amendedac.. j. ..,s lzt; thence S 57° 401 E 1.9" chains to the most westerly corner of Lot 53 of said AMENDED PLAT OF NORTH TIGARDVILLE ADDITION; thence N. 39 531 E. 10.70 chains to the most northerly corner of said Lot 53 in the center of Fanno Creek; thence upstream in the center of Fanno Creek 3900 feet, more or le a, to the east line of Lot l of said Amended plat; thence S. 0* 15' E. 17.5 chains more or less, to the southeast corner of said Lot 1; thence northwesterly 3n S.W. Walnut Street 180 feet, more or less, to the northeast corner of the 6.82 acre tractofland conveyed to Fred N. Parson by deed recorded on page 166 in Deed Book 291; thence S. 47° 02' W. 1031 feet, more or less, to the most northerly corner of Lot 10. ROSE TERRACE, e- subdivision of record; thence S. 590 15' E. 81.7 feet to the northwest ^^rner of Lot 4 of ROSE TERRACE; thence S. 0° 31' W. 138.1 feet to the southwest corner of said Let 4; thence S. 710 18' E. 178.18 flet to the southeast corner of said Lot 4; thence southeasterly 85 feet, more or less, to the most northerly corner of Lot 2 of ROSE TERRACE; thence S. 7 10 461 E. 254.89 feet to the most easterly corner of said Lot 2; ,.^o 2,1 *•* "1'6 ^ feet t rho /L l . corner between Sections 2 and 3, T. 2 S., R. 1 W., W.M.; thence South 400 feet, more or less to the southwest corner of Lot 32 of said NORTH TIGARD17ILIIE ADDITION; thence East 6 chains to the southeast corner of said.Lot 32; thence S. 25° 10' E. 70 feet, more or less, to the most westerly corner of Lot 33, NORTH TIGARDVILLE ADDITION; thence N. 45 E. 6 1/2 chains to the most :.ortherly corner of said Lot 33; thence S. 45' E. 3.16 chains, more or less to the most easterly corner of said Lot 33; thence N. 45' E. 320 feet, more or less, to the most southerly corner of said Lot 35, NORTH TIGARDVILLE ADDITION; thence N. 45' W. 3.16 chains to the place`af beginning, all within Washington County, State of Oregon. . Pa¢e 2 • Ordinance No. Y � S NOW, THEREFORE, IT IS ORDAINED BY THE COUNCIL OF THE Gtrz OF 1'J.Gt RD; Section 1: That all proceedings conducted by the Tigard Sanitary District with respect to all matters, conditions and actions precedent to the apportionment, spread of assessment and assessing of the cost of interceptor and lateral sanitary sewers within the Johnson Street Sewer Improvement District as hereinabove described, be, and the same are hereby, adopted, ratified and con- firmed by the CITY OF TIGARD. Section 2 That general obligation bonds of the City of Tigard, Oregon, will be issued in serial form and shall be payable in semi-am-mal installments, in the total sum of $31,864.10, otou+nnaw�tttiyelV said bonds to be dated 140vemiar 1, 1962, ._ from 1 to 32 inclusive, in denominations of $1,000.00 each, except Bond No. 1 which shall be in amount of $864.10, maturing serially I n numerical order as follows: Bond No. Maturity Date Amount 1 November 1, 1963 $ 864.10 2 November 1 1963 1,000.00 3-4 May 1 1961+ 2,000.00 5-6 Nove;ter 1 1964 2,000.00 7-8 May 1 1961 2,000.00 9-10 Novemter 1, 1965 2,000.00 11-12 May 1 1966 2,000.00 13-14 Nove;ter 1, 1966 2,000.00 15-16 May 1 1967 2,000.00 17-18 Novc;nter 1 1967 2,000.00 19-20 May 1 1969 2,000.00 21-22 Novemter 1 1968 2,000.00 23-24May 1, 1966 2,000.00 25-26 November 1. 1969 2,000.00 27-28 May 1 1976 2,000.00 29-30 Nove;ter 1 1970 2,000.00 31-32 May 1, 1971 2,000.00 Said bonds shall bear interest at a rate not to exceed six (6) 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 there- to. Bothpprincipal and interest upon said bouts s lnll be payable at the office of the City Treasurer, City of Tigard, Tigard, Oregon. Section 3: All bonds shall be sold at par value plus accrued interest from date thereof to date of delivery. All such bonds shall be signed by the Mayor and countersigned by the Clerk of the City of Tigard, Oregon. The coupon attached thereto shall bear the facsimile signatures of the said officers of the City, Section Via: All bonds payable after November 1, 1963, shall be subject to redemption in numerical order on any interest due date on or after November 1, 1963._ Section 5: The full faith and credit of the City of Tigard, Ore- on, shall be, and is hereby, pledged to each succes- sive holder of each of said bonds for the prompt and punctual pay- ment of the principal and interest thereof as and when the same shall become due, and the City of Tigard, Oregon, hereby covenants and Page 3 Ordinance Na. a� agrees with each successive holder of each of such bot.ds and coupons that in the event of default in payment of any assessment pursuant M- to applications on file, the City Council of the :;ity of Ti:arw, M & Oregon w4i11 nroceed as Provided by law to coiiecc all unpaid assess- ment llens. ' b Section 6: That all bonds snnii e registered in the office of the City Treasurer of the City of Tigard, Oregon. Section 7: The City Clerk of the City of Tigard, Oregon, be, and he 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 o'clock p.m. Pacific Daylight Saving Time on the day of September, 19620 at the City Office at 8841 S. W. 50ercial Street, Tigard, Oregon, notice of said sale to be given by publication in the Tigard Tines, a newspaper of general circula- tion. published within the said City of Tigard, OreEpn, once each week-for three publications in ail. The f6nu �� shall be as follows: NOTICE OF BOND SALE CITY OF TIGARD, OREGON NOTICE IS 11EREBY GIVEN that written, sealed bids will be received by the CITY OF TIGARD, OREGON, up to 8 o'clock p•m• 962 Pacific Daylight Saving Time, on the day of September, , at the office of the City at 8841 S.W;dommercial Street, Tigard, Oregon, for the sale of general obligation improvement bonds of the City of_Tigard, Oregon, in the amours? of $31,864.10, said bonds to be in denominations of $1,000.00 each, except Bond No. 1 in the amount of $864.10, dated Noveemu,.i _, 1962, and to mature serially in numerical order as to Bond No. Maturity Date Amount 1 November 1, 1963 $ 864.10 2 November 1 1963 1,000.00 3-4 May 1, 1961 2,900.00 5-6 November 1, 1964 2,000.00 7_8 May 1 1965 2,000.00 9-10 Nove;Ler 1 1965 2,000.00 11-12 May 1 1966 2,000.00 13-14 Nove;ter 1 1966 2,000.00 15_16 May 1. 196% 2,000.00 17-18 Novemfier 1 1967 2,000.00 19-20 May 1, 1966 2,000.00 21-22 November 1 1968 2,000.00 23-24 May 1 1966 2,000.00 25-26 NovemLer 1 1969 2,000.00 27-28 May 1 1976 2,000.00 29-30 Nove;ter 1, 1970 2,000:00 31-32 May 1, 1971 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, a the time of award not to exceed six (6) peP payable S emi-annually; pr�nc-1-al and interest to be payable at the office of the City Treasurer of the City of Tigard, Oregon, at 8841 S. W. Commercial Street, Tigard, Oregon. Page 4 - Ordinance No. v, 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, 1962, to date of delivery. All bids must be in writing, posted, ® — or delivered in hand to be received by the City Clerk, City of Tigard, Oregon, 8841 S.W.Commercial Street Tigari+, via v►., on or before 8 o'clock p.m. Pacific Daylight Saving Time on the day of September, 1962. Each bid shall be accompanied by a cert- ified check on a bank doing business in the State of Oregon for t'y not less than two (2) per cent of the bid oftheState bonds he-eshall offered for sale, except that anyOregon not require such bid deposit. The City of Tigard, Oregon, reserves the right to call and redeem any or all of such bonds maturing after November 1, 1963 in numerical order on any interest due date on or after November 1, 1963, upon tender of payment of principal and ueer<ieu 'A.RtGres- to date of payment. The legal approving opinion of Shuler, Sayre, Winfree and Rankin, Attorneys at Law, Oregon Bank Building, Portland, Oregon, 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 August, 1962. Section 8: The form of the bond and coupon to be attached thereto shall be substantially as follows: STATE OF OREGON CITY OF TIGARD $1,000.00 $1,000.00 GENERAL OBLIGATION IMPROVEMENT BOND CITY OF TIGARD, STATE OF OREGON, for value received, hereby promises to pay to bearer $1,000.00 on the first day of , 19—, with interest thereon at the rate of per cent per annum, payable semi-annually on the first sags of Xay and November 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 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 $31,864.10 numbered 1 to 32, both inclusive, authorized and issued by tie Cityy of Tigard, Oregon, pursuant to Sections 223.205 to 223.300, inclusive, Oregon Revised Statutes. ILI Page 5 - Ordinance No.6� w It is hereby certified by the City of Tigard, Oregon ■... that every requirement of law £or the issuance and sale of bonds has been duly complied with, and that this bond is With in every date and other limitation provided by the Constitution and the Laws of the State of Oregon, and for the punctual payment of principal and interest hereos, the full faith and credit of the City of Tigard, Oregon, are hereby irrevocably pledged. All bonds of this series payable after November 1, 1963 , shall be subject to redemption in numerical order on eny interest payment date on or after November 1, 1963 upon the giving of notice of call for redemption by publica- tion thereof in a newspaper of general circulation printed and published in Washington County, State of Oregon, not less than thirty (30) days prior to the date of redemption. IN WITNESS WHEREOF, the City of Tigard, Oregon, ;as caused thisbond tc. be signed by its Mayor and attested to and countersigned by its City Clerk, thjs 1st day of November, 1962. CITY OF TIGARD, OREGON By r ' yo ATTESTED AND COuNTERST.GNED Byci ty er That the coup one to be affixed to all bonds maturing on or prior to November 1, 1963, shall be in the following form: Bond No. Coupon No. On the first say of , 19 , CITY of TIGARD OREGON, will pay to Bareru awfuT money;of the United States of America at the office of the City k Treasurer, Tigard, Oregon, $ ' for six months' " interest then due upon its general obligation improvement bond numbered as above dated November 1, 1962. CITY OF TIGARD, OREGON By mayor ATTESTED AND COUNTERSIG►4-E1) By City Clark zzz 6a 'm Page;6 vraiu3�.�= ..—._- Srt x' r S¢ y f d 1 That -6b- t7-upons to be attached to all bonds maturing after November 1, 163 shall we in the following form: Bond No. Crnupor No, Unless sooner called or redeemed and due provision made for the payment of the bond to which this coupon is attached, on the first day of , 19 , CITY OF TIGARD, OREGON, will pay to earer In law s money of the United States of America, at the f office r six of months Treasurer, Tigard, Oregon, $ interest then due upon its generalo�Iigation improvement bond numbered as above dates November 1, 1962. CITY OF TIGARD, OREGON By. Mayor ATTES AND CO RSIGNED Y G ty � era Section 9: It is hereby declared that an emerggency exists and that it is necessary for the immediate preservation of theppeace, health, and safety of the City of Tiga-4&y the„ that this_Ordinance become effective upon its"passage y 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 o9ligations arising from the John Street Sewer Improvement District. PASSED: By the City Council this day of August, 1962. APPROVED: By the Mayor this day of August, 1962. Mayor, City of Tigard, Oregon ATTE erCity ot Tigard, UrCISULL Page 7 - Ordinance 3 ,ham L