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Ordinance No. 75-41 CITY OF TIGARD, OREGON ORDINANCE NO. 75 - AN ORDINANCE AMENDING ORDINANCE NO. 75-31, CORRECTING AN ERROR IN NAMING THE DATES UPON WHICH INTEREST ON BONDS SHALL BE PAYABLE WHEREAS the City Council of Tigard, by Ordinance No. 75-31 duly enacted under date of June 9, 1975, a copy thereof heing hereto attached and by this reference made a part hereof, adopted, ratified and confirmed procedures relating to the S. W: 115th Street Improvement District and authorized the issuance of bonds, and WHEREAS an error in that Ordinance has become apparent to the City Council, NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: Section 2 of Ordinance No. 75-31 is amended by replacing the words "May" and "November" with the words "August" and "February," so as to read, in its amended form, as follows: "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 $ 479.96 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 a rate not to exceed seven (7%) per cent per annum payable semi-annually on the first days Of August and February of each year, as evidenced by 1 - ORDINANCE NO. 75 `/ F i 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 2: 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 t ordinance become effective on its passage by the council and approval 1 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 obliga- tions arising from the improvement of 115th Street. i PASSED: By the City Council by %inGf+'tr""Y vote of all Council members present, after being read three times by number and title only, this %i!, day of August, 1975. Re of rder - City o' Ti` d SIGNED: By the Mayor, this �_ day of August, 14z- - 5�� i �� Mayor City of Tigard 7 2 - ORDINANCE NO. 75 - _ ti CITY OF TIGARD, OREGON ORDINANCE NO. 75 AN ORDINANCE ADOPTING, RATIFYING AND CONFIRMING ALL PROCEDURES j AND DETERMINATIONS HERETOFORE MADE WITH RESPECT TO THE "S.W. 115th STREET IMPROVEMENT DISTRICT" AS SET FORTH IN PRIOR P ORDINANCES AND RESOLUTIONS OF THE CITY COUNCIL OF TIGARD, AND j l AUTHORIZING THE ISSUANCE OF BONDS PURSUANT TO THE PROVISIONS OF THE BANCROFT BONDING ACTS, AND DECLARING AN EMERGENCY. WHEREAS, the City Council of Tigard by Ordinance No. _73-25 ' duly enacted under date of (a copy thereof being hereto attached and by reference made a part hereof), declared E 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- ings as by law required, the City Council of Tigard caused to have 3 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 $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 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- z 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. 135th Street 1 - ORDINANCE NO. 75 f t be, and same are,imprDistrict hereinabove hereby adoptedratifiedandvdescribed he confirmed areby the Citytof Tigard. , . Sertion 2: That general obligation bonds of the City of Tigard k 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, l 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 $ 479.96 2 - 4 Inc. Aubut 1, to 7F 3,000.00 ' 5 - 7, Inc. August 1, 1977 3,000.00 8 - 10, inc. August 13 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 - 222 Inc. August 11 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 12 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 3: 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 ch of said bonds for the prompt and punctual eeapayment 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 $: That all bonds shall be registered in the office of the -� City Recorder of the City of Tigard, Oregon. 2 - ORDINANCE NO. 75 - J/ m 1 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 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 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 $ 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 (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, at 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 98% of the Dar 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 NO. 75 - ._iL_ } 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 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 Tigard, 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 thereto shall be substantially as follows: UNITED STATES OF AMERICA STATE OF OREGON $1,000.00 CITY OF TIGARD No. GENERAL OBLIGATION IMPROVEMENT 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 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 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 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 the punt`;ual payment of principal and interest hereof, the full'faith and credit of the City of Tigard, Oregon, are hereby irrevocably pledged. 4` - ORDINANCE NO. 75 - .9t v r 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: __— Mayor Attested and countersigned: City Recorder _ y 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 , 19 _, CITY OF TIGARD, OREGON, will pay ta o 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 August 1, 1975• CITY OF TIGARD, OREGON 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 by _u nimug rvote of all - Council members present, aer Senead three times by number and title only, this _91:h _ day of June, 1975- RecSrder - City of Tigard SIGNED: By the Mayor, this -8th - day of June, 1975 Mayor - City of Tigard 5 -ORDINANCE NO. 75 31