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Ordinance No. 70-16 x 1 CITY OF TIGARD, OREGON ORDINANCE No.70-_j4— All ORDINANCE ADOPTING, RATIFYING AND CONFIM4Ii?G ALL PROCED- URES AND DETERMINATIONS HERETOFORE MADE WITH RESPECT TO THE "S.W.CANTERBURY LANE II%1P1ROVEr4LNT DISTRICT" AS SET I'ORTH IN PRIOR UPiD71 AM NCT-ANDR.ILUT ONS F THE CITY COUNCIL OF TIGARD, AUTr_ORIZ- ING ISSUANCE OF BONDS PURSUANT TO THE BANCROi'P BONDING ACTS, AND DECLARING AN EMERGENCY. _ WHEREAS, the City Council of Tigard by Ordinance No. 69-58 duly enacted under date of July 14, 1969 (a copy thereof being hereto attached and by reference made a part hpxeof), declared its intention to improve a certain area as in said ordinance described, by regrading, widening, paving, curbing, installation of storm sewers, sanitary sewers, sidewalks and lighting facilities, said area being commonly known as and hereinafter referred to as "S.t^..CANTERBURY LANE IMPROVE- MENT DISTRICT"; and WHEREAS, after. clue and legal notice, hearings and proceedings as by law required, the City Council of Tigard caused to 'gave pre- pared by the City's Ensineer, plans, specifications anc estimates .tif 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 final costs thereof determined to be the sum of $56,188.32, and said sum was apportioned, spread and asses-ed against the real property within the boundaries cf said S.W.Canterbury Lane 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 of Tigard; and A WHEREAS, applications as filed by the various owners of real property so assessed to be permitted to bond said ass�usments, and said assessments having been duly entered in th-- Lien Docket of 'che City with a present unpaid amount of assessment as of the date of Y this ordinance in the stun of $45,683.12 with interest from April 28, 1970; and WHEREAS, it is necessary to issue improvement bonds pursuant to the provisions of the Bancroft BondinL Acts to pay the remaining 17, 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 services said bonds and by setting off the amounts estimated to become available from the 'i payments of assessments during such budgetary period.; and im WHEREAS, the area comprising said assessment district known as "S.'W.Canterbnry bane Improvement District" is described on the at- tached sheet designated Exhibit "A", NOW, THEREFORE, i e Page 1 ORDINANCE No.70-_& S ; S- F TIIIF CITX OF T'IOARD ORDAINS AS FOLLOWS: Section 1: That all pro,eedinl?s conduuctetionsthe CactionCouncil prewith respect to a_.1 matters, edent to the apportionment, spread of assessment and assessirnm of the cost 4 of said improvements within "S.W.Canterbury Lane improvement District" as hereinabove described, be, and the ,arae are hereby adopted, rats. Pied and confirmed by the City of if;ard. Section 2: That general obligations bonds of the City of Tigard, Oregon, will be issued in serial form and Ghallb3elpay-- able in semi-annual installments, in numberedlconseccutisUm of �vely from 1 said bonds to be dated my 1, 1970, s to 10, in denominations of $5,000. each except Bond 110- be wpick: shall be in the amount of :;683.12, maturing; serially in numerical order as follows: P[aturity Late A_r^oUnt Bond Igo. —�- July 1, 19'71 1 July 1, 19725,000,00 2 July 1, 1973 5,000.00 3 July 1, 1974 5,000.00 4 July 1, 1975 5,000.00 5 July 1, 1976 5,000.00 July 1, 1977 5,000.00 July 1, !978 5s000.00 July 1, 1979 5,000.00 9 a 0 ;,000.00 10 July i, iiB Said bonds shall bear interest at a rate not to exceed seven (75) per cent per annum payable semi-annually on bile fist days of January and .July of each year, as evidenced by coupons to be at- tached thereto. Doth principal and intrest uooCitaid bonds ,ard,all on. be payable at the office of the City e Section 3: All bonds shall be sold at par value plus accrued inter- All such -- rate thereof to date of deliv�r;�• Cit,, ?.- --- bonds shall be signed by the Tigard, TY,e couponsattaehedVtherezo corder of the City o � C�.t shall bear the facsimile sinatures of the said o_ficers of the y. Section 4: The full faith and credit of the City of Tigard, Oregon shall be, and is hereby, pledged to each successive of holder of each of said bonds for the prompt and punctual pay. ent the principal and interest thereof onaher�bycovenantd when the s andshall agreesewatii due, and the City of Tigard, tile each successive holder of each of s��u�bgnPntaniarsuanL'iltotapp.liclations event of default in payment of any �� 0.x file, the City Council of the City of Tigard, Oregon will proceed as provided bylaw 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 p-ovided by law, by written sealed bids to be opened at B:OO'O'clock P•ln•, Pacific Daylight Saving name on the on, day of notice ofnsaid570 salettohbe City J1a31, Main Street, Tigard, Oregon, Page ?_ - ORDINANCE, No.70-_Ik_, given by publication, in the Tigard Tines, a ne:•rspaper 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: IsOTICE OF 'BOND SALE CITY On TIGARD, OREGON NOTICE IS HEREBY GIVEN that written,sealed bids will be received by the City of Tigard, Oregon, un to 3:00 o'clock P.M., Pacific Daylight Saving Time, on the 8th day of June, 1970 at the City Ball., 12420 S.W.Main Street, Tig- ard, Oregon, .for the sale of general obligation improvement bonds of the City of Tigard, Oregon., in the _.mount of $45,683.12, said bonds to be in denominations of $5,000. each, except Bond No.1 in the sum, of $683.12; dated July 1, 1970, and to mature serially in numerical order as follows: Bond No. T4atur.it; Date Amount 1 July 1, 1971 $ 683.12 2 July 1, 1972 5,000.00 3 July 1, 1973 5,000.00 4 July 1, 19711 5,000.00 5 July 1, 1975 5,000.00 u July 1, 1976 5,000.00 7 July 1. 1977 5,000.00 8 July 1, 1978 5,000.00 9 July 1, 1979 5,000.00 10 July 1, 1980 5,000.00 Said bonds shall bear interest at the rate or rates to be determined by �irye City Council of Tigard 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 office of the City Treasurer of the City of Tigard. Oregon, 121120 S.W.Main Street, Tigard, Oregon. All bids will be opened and publicly read at the time and Diace aforesaid and shall be sold to the highest responsible bidder for not less than par value plus accrued interest from July 1, 1970 to date of delivery. All bids must be in writing, posted, or delivered in hand to be re- ceived by the City Recorder of Tigard, City hall, 12420 S W.:Aair. Street; Tigard, Oregon, on or before 8:00 P.M. Pacific Daylight Saving Time, an June 8, 1970. Each bid shall be accompanied. by a certified 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 bands 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, Attorneys at Law, 620 Morgan Building, 72U S. W. Washington, Portland, Oregon, will be furnished the suc- cessful bidder. The City of Tigard, Oregon reserves the right to reject any and all bids. Page 3 - OiDINANCE No.70-_&,__ r Dated at Tigard, Oregon this lith day of IMay, 1970. 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 thereto ~� shall be substantially as fol'.ows: UNITED STATES OF AB,ERICA STATE OF OREGON CITY OF TIGARD ;do. GENERAL OBLIGATIOIQ IMPROVEMENT BOND CI`i�Y OF TIGARD, OREGON, for value received, hereby promises to pay to bearer on the first day of July, 19_, with interest thereon at the rate of cent per annum, payable semi-annually on the first days of January and July of each year, to the bearer upon presentation of the respective coupons hereto at- tached 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 tL maturity dates, aggregating $45,683.12, numbered from l to 10, both inclusive, auUhurizol 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 ty the Constitution and the Laws of the State of Oregon, and foi, 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 'v.niEREOF,the City of Tigard., Oregon, has caused this bond to be signed by its Mayor, and attested to and countersiCned by its City Recorder, this 1st day of July, 1970. CITY OF TIGARD, OREGON By: Mayor r Attested and countersigned: In C1ty Recorder Page 4 ORDINANCE 140.70---4� s e 4 COUPON Bond IQo. _ Coupon No._ On the first day of 191 CITY OF TIGARD, OREGON will pay to bearer in lawful money of the LTnited States of America, at the office of the City Treasurer, Tigard, Oregon, for six months` interest then on bondunumberedgaseaboveral bdatediJulyimprovement n1, 1nt 970 CITY oF TIGARD, OREGON By: _ ._ Mayor Attested and countersigned: By: City Reorder Section $: It is hereby declared that an emergencv exists and that it is necessary for tiZe inmlediatepreservation of the peace, health and safety of the City of Tigard, Oregon that this ordinance become effective upon its passage by rhe Council and aD7 ordinance oval ce the IM, in order that the credit of the Cit}lhef'c�i7 aA z may be preserved and to provide .funds wherewith to pay tions arising from the "S.W.Canterbury Lane Improvement District". r , after PASSED: By unanimous vote of all Council and tis e only, b�InC read three times by number and title only, this lith day of t^ay, 1970, rl tqr=• ;4 -� Recorder - ity of Tf _ard�� �f APPROVED: 13y the Mayor, this lith day of May, 1970• • C,. T,ay or - `% �0 3 T9. and �...v- y Page 5 ORDINANcF,. No.70IL - 9 CITY OF TIGARD, OREGON ORDINANCE no, 69 r AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTION OF THE CITY COUNCIL OF JUNE 23, 1969 WITH RESPECT TO THE "S, W. CAN'T'ERBURY LANE IMPROVEMENT DISTRICT", APPROVING, RATIFYING AND ADOPTIN PLANS, SPECIFICATIONS AND ESTIMATES FOR REGRADING, WIDENING, PAVING, CURBING, INSTALLATION OF SIDEWALKS, CONSTRUCTIONS OF STORM SEWERS, SANITARY SEWERS AND INSTALLATION OF LIGHTING FACILITIES, DECLARING RESULTS OF HEARING HELD WITH RESPECT THERETO, DIRECTING SOLICITATION OF BIBS FOR CONSTRUCTION OF SAID IMPROVEMENTS, PROVIDING FOR THE MAKIN; OF 'F�Ir ROVF-1ENTS, AND DECLARING AN EMERGENCY. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section l: The Council of the City'of Tigard finds that a resolu- tion was duly passed by the Council at its regular meet- ing of Jule 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 tshich tha boundaries of a proposed street improvement assessment district were described and the Council declared its intention to make the impoovements as therein described; and by the terms of said resolution a hearing was duly called to be held in the Tigard Conmtunity Center, 8845 S. W. Commercial, Tigard Oregon on Jul- 14, 1969 at the hour of 8:00 p.m., for the purpose of affording an opportunity to any parties aggrieved by the propcsal to make objections or remonstrances to the proposed improvement. Section 2: The Council finds that pursuant to said resolution, due and legal notice of said hearing was given by publication in the Tigard Times for three consecutive publishings on &una 27, July 3, and July 10, 1969 prior to said hearing. Section 3: The Council further finds that said hearing was duly an regularly called to order and held in the Tigard Coa—zaunity Center, 8845 S. W. Commercial, Tigard, Oregon on July 14, 1959 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 tc be m3d3 a part of the record. Section 4. The Council finds that all objections and remonstrances as thus presented prior to and at the hearing, repre- sent less than 66-2J3% 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 Ordinance No. 62--6 of the City of Tigard, and that all proceedings were duly and regularly conducted thereunder and are hereby approved, ratified and confirmed. Section 5: That said remonstrances 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 red uric_ ' diction to order the proposed improvements to be made, and that the Page 1 - ORDINANCE No. 69 ' X' 2 G ! boundaries as described in said Resolution of June 23, 1969 and as described on "Exhibit A" hereto attached and by this reference mads a part hereof, are hereby adopted and fixed as the boundaries 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 regraa.ing, widening, paving, curbing, installation of sidew,il,ks, construction of storm sewers, sanitary sewers, and instal- lation of lighting facilities within the boundaries of said "S. W. CANTERBURY LANE IMPROVEMENT DISTRICT" in conformity in all reasonable particulars with the plans and specifications by said Resolution adopted and hereby ratified and confirmed. Section 7: That the City Administrator and the City Engineer be, and they are hereby, directed to immediately invite pro- posals 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 A {&t:` ,2969 at the hour of 8:00 p.m., which date and time is hereby designated for the opening of bids in the Tigard Community Center, 8845 S. W. Commercial Street, Tigard, Oregon, all proposals to be then and there publicly read. Section 8: 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 emer- gency is hereby declared to exist and this ordinance shall be 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 by title and number this iY day of hl , 1965. Ke-corder- City o gard i APPROVED: By the Mayor, this /y day of kA ff 1969. Mayor -City o T3ark z � r a Page 2 - ORDINANCE :to. 69 - 3 8 z' 44 A n n _ EXHIBIT "An ! RESOLUTION OF THE CITY COUNCIL CITY OF TIGARD, OREGON June 23, 1969 RESOLUTION 69-12 DECLARING AN INTETTION TO CONSTRUCT CERTAIN STREET IMPROVE- MENTS WITHIN AN AREA DETERMINED TO BE A STREET IMPROVEMENT ASSESS- i MENr DISTRICT, TO BE KNOWN AS -S. W. CANTERBURY LANE IMPROVEMENT j DISTRICT"; DESCRIBING THE PROBABLE TOTAL COST THEREOF; DEFINING 'T HE BOUNDARIES OF THE DISTRICT TO BE BENEFITED ARID ASSESSED: DETERMINING THE REASONABLE RELATIONSHIP BETWEEN THE BENEFITS DERIVED BY THE j PROPERTIES ESPECIALLY ASSESSED AND THE BENEFITS DERIVED BY THE CITY AS A WFOLE; APPROVING AND ADOPTING PLANS AND SPECIFICATIONS FOR THE WORK AND ESTIMATES C7 THE CITY ENGINEER, AND SETTING PUBLIC HEARING AND DIRECTING THE GIVING OF NOTICE THEREOF. i WHEREAS, the City Council proposes to improve S. W. Canterbury 1 Lane from the intersection thereof with S. W. Pacific Highway on the West to a point 190 feet East of the common boundary line of Sections 10 and 11 of T1S, R1W, by regarding, widening, paving, curbing, in- stallation of sidewalks, construction of storm sewers, sanitary sewers, and installation of lighting facilities; and WHEREAS, pursuant to Ordinance No. 62-6 the City Council finds it expedient and necessary to order the improvement of the herein- after described lands by regaading, widening, paving, curbing, installation of sidewalks, construction of storm sewers, odnitary sewers and installation of 1" fhting facilities, and pursuant thereto the City 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 lots, parts of lots and parcels of lana to be benefited and the apportionment of the total coat of the improvements which each of said lots, parts of lots and parcels of hand shall be assessed on account of the benefits derived; ::nd WHEREAS, the Council finds that said plans, specifications and estimates are satisfactory, and the Council has determined and further finds that said lands will especially benefit by the improve- ments, and that the amount to be assessed against the properties and the portion to be paid by public funds generally, creates a reason- able relationship between the benefits derived by the properties especially assessed and the benefits derived by the City as a whole, UOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TIGARD as follows: (a) That the City.Council does hereby doem it expedient and necessary, and does hereby declare its intention, to improve S. W. Canterbury Zane by regaading, widening, paving, curbing, installation of sidewalks, construction of storm sewers, sanitary sewers, anis installation of lighting facilities. (b) That all lands situated within the boundaries described on the attached "EXHIBIT A" are determined and daclared to be a street improvement assessment district, to be known as "S. W. Canterbury Lane Improvement District", and it is further declared that each lot, part of lot and parcel of land within said boundaries will be especially benefited by said improvements, and that of the total estimated cost of $44,600.00 for said improvements, which shall be assessed in full, on a front-foot basis, against all lands within said improvement district. (c) That the plans, specifications and estimates ;pith respect to the street improvement as submitted by the City's engineers be, and the same are hereby, adopted and ordered to be maintained an file by the City Recorder for public inspection. (d) That Monday, the 14th day of July, 1969, at the nour of 8;00 p.m., at the Tigard community Center, 8845 S.W. Commercial Street 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. (e) That the City Recorder be, and she is hereby, dirac;ted to give notice by causing to have this resolution published in the Tigard Times, issues of June 27, July 3 and July 104 1969. (f) Within ten days from the date of the first publication of the notice of this resolution, the owners of 66-2/3% or more in area of the property within the boundaries described on "Exhibit A" Y hereto attached, may make and file with the City Recorder a writte:a objection or remonstrance against the proposed improvement. 3 Dated at Tigard, Oregon this, .? ? d _ day of June, 1969. � s , / jam•/; c ft ;r rd .� F, ATTEST- YI • l l4J l }.2 C, y. nu Al ..City.Recorder. - C�r.y o� Ti.gar.d y RESOLUTION NO- 59-/ 2 N S l t„ ff ! "EXHIBIT A" CANTERBURY LANE IMPROVEMENT DIS'CRICT Those portions of land in Section 10, Township 2 South, Range 1 West, W,M., and in Section 11, Township 2 South, Range 1 West, W.M., Washington County, Oregon; more particularly described as follows: Beginning at the most Northerly point of Lot No. 6 of Amended Plat of Canterbury Place, a subdivision of record in Washington County, Deed Records, said point also being the point of intersection of the Southwesterly right-of-way line of S. W. Canterbury Lane with the southeasterly right-of-way boundary line of S. W. Pacific Highway; thence running Southwesterly along the said Pacific Highway boundary lire to a point of intersection with the Northerly line of that tract of land deeded to the Evangelical Church of Tigard in Bock 133, Page 401, Dead Records of said County; thence Easterly along the said Northerly line of the Evangelical Church tract to the Northeast corner of the said Church tract; thence Southerly a distance of 20.0 feet along the Easterly line of the said Church tract .o a point on the most Southerly line of Lot No. 6A of said subdivision; thence North 890 40' Eest 169,0 feet, to the southeast corner of said Lot No. 6A; thence continuing along the said bearing North 890 40' East, to the Northwest corner of that tract of land deeded to William and Rath Grasper in Book 738, Page 385, Deed Records of said County; thence Southerly a distance of 400.0 feet along the Westerly line of said Graeper tract to the Southwest corner of the said Graeper tract; thence Easterly along the Southerly line of the said Grasper tract to the most Easterly Southeast corner of the said Graeper tract; thence continuing Easterly along an Easterly extension of the most Southerly line of the said Graeper tract to a point of inter- section with the East line of Section 10; thence Northerly along the said East section line 06 a point of intersection with an extension of the Southerly line of that tre+ct of land deeded to Tigard Wdter District, (711 Book 276, Page 659, Deed Records of said County; thence Easterly 264 feet along the said District's tract southerly line and extension thereof, to the Southeast earner of said. District's tract; thence Northerly along the Easterly line of the said District's tract to the Northeast corner of the said District's tract; thence Northerly along a Northerly extension of the Easterly line of the said District's tract, to a point of inter- section with the Northerly line of that tract of land deeded to Presbytery of Portland, Book 515, Page 516, Deed Records of said County; thence -¢_-ly along the Northerly line of the said Presbytery tract to a point of. intersection with the said Easterly section line; thence Southerly along the said Easterly section line to a point of intersection with the Southerly line of that tract of land deeded to Oregon Foundation, Inc., Book 535, Page 663, Deed Records of said County; thence Westerly along the said Foundation tract Southerly line to the Southwest corner of the said Foundation tract, said corner also being the Southeast corner of that tract of land deeded to Oregon Foundation Inc., Book 580, Page 399, Deed Records of said County, thence Northerly along the Easterly line of the said Foundation tract to the Northeast corner of the said Foundation tract; thence Westerly, southwesterly, and Northwesterly along the Northerly boundary line, of the said Foundation tract, to a point of intersection with the said Pacific Highway right-of-way boundary line; thence South- westerly- ailong ,the said Pacific Highway boundary line to the point of beginning of this description. . � AA P W N I ' c* , p N 14 . 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