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Ordinance No. 81-88 . g t i CITY OF TIGARD, OREGON �,c s ORDINANCE NO. 81- 00 AN ORDINANCE AUTHORIZING ISSUANCE OF GENERAL OBLIGATION IMPROVEMENT BONDS AND DECLARING AN EMERGENCY. THE CITY OF TIGARD DOES ORDAIN AS FOLLOWS: Section 1. Authorization. The City of Tigard, Oregon, does hereby authorize the issuance and sale of General Obligation Improvement Bonds, Series No. 13, of the City of Tigard, Oregon, in the amount of Three Hundred Seventy-four Thousand Seven Hundred ; Ninety-five Dollars ($374,795.00) , to be dated November 1, 1981, to be numbered consecutively from one (1) to seventy-five (75) inclusive, to be in denominations of $5,000.00 each, except bond number one in the amount of $4,795.00, to bear interest payable semiannually on g May 1 and November 1 of each year and to mature serially in numerical order on the first day of November in each year as follows: Bond No. Maturity Date Amount 1-4 November 1, 1982 $ 19,795 5-9 November 1, 1983 25,000 10-14 November 1, 1984 25,000 d 15-20 November 1, 1985 30,000 21-27 November 1, 1986 35,000 28-35 November 1, 1987 40,000 36-43 November 1, 1988 40,000 44-52 November 1, 1989 45,000 53-63 November 1, 1990 55,000 64-75 November 1, 1991 60,000 Section 2. Signatures and Registration. Each of the bonds shall be personally signed with the manual signature of the Mayor in office on the date of execution of such bonds; each of the bonds shall be attested by the Recorder in office on such date; the .; coupons appertaining to the bonds shall be executed with the facsimile signatures of such Mayor and Recorder; and each of the bonds shall be registered in the Improvement Bond Register by the auditor or recording officer of the City of Tigard, Washington _; County, State of Oregon. Section 3. Security. The city has assessed the cost of public improvements to benefited properties and all monies collected therefrom shall be placed in The Bancroft Bond Redemption Fund and applied to the payment of principal and interest on these bonds. The full faith and credit of the city are also pledged to the successive holders of each of the bonds and of the interest coupons appertaining thereto, for the punctual payment of such obligations, when due; and the city shall levy annually, if required, a direct ad valorem tax upon all of the taxable property within the city in r. ; sufficient amount, after taking into consideration discounts taken and deliquencies that may occur in the payment of such taxes, to pay the bond and bond interest obllga-.L promptly ?s they respectively mature; and the city covenants with the holders of its bonds, to levy such a tax annually as required during each year that any of the bonds, or of bonds issued to refund them, and bond interest obligations, are outstanding. Section 4. Maintenance of Tax-Exempt Status. The city shall take no action nor make any use of the proceeds of the bonds, .installment payments of assessments or ad valorem tax revenues intended to be used to pay principal and interest on the bonds, which will cause the bonds to lose their tax-exempt status under federal or State of Oregon income tax laws, regulations and judicial or administrative interpretations. Section 5. Form. The bonds and the coupons attached thereto shall be in substantially the following form, the terms of which are hereby adopted: UNITED STATES OF AMERICA STATE OF OREGON COUNTY OF 'WASHINGTON CITY OF TIGARD GENERAL OBLIGATION IMPROVEMENT BOND, SERIES NO. 13 $ City of Tigard, in the County of Washington, State of Oregon, acknowledges itself indebted and for value received hereby promises to pay to bearer on the day of , 1981, the sum of DOLLARS with interest thereon from the date hereof at the rate of percent (_%) per annum, on the first day of May and the first day of November in each year until maturity, upon surrender of the annexed interest coupons as they severally mature. The principal of and the interest upon this bond are payable in lawful money of the United States of America, at the office of the Treasurer in the City of Tigard, Oregon. THIS BOND is one of a series aggregating Three Hundred Seventy- four Thousand Seven Hundred Ninety-five Dollars ($374,795.00) par value, issued to provide funds to construct public improvements as authorized by Oregon Revised Statutes 223.205 to 223.29.5, inclusive, commonly known as The Bancroft Bonding Act and are general obliga- tions of the city. IT IS HEREBY CERTIFIED, RECITED, AND DECLARED that all conditions, acts, and things required to exist, to happen, and to be performed precedent to and in the issuance of this bond have existed, have happened, and have been performed in due time, form, and mangier as required by the constitution and statutes of the State of Oregon; -2- that the issue of which this bond is a p2 -L:, and all other obliga- tions of the city, are within every debt limitation and other (` limits prescribed by such constitution and statutes; and that the city has provided for the levying annually of a direct ad valorem tax as required upon all the property within the city so taxable for its purposes, in sufficient amount to pay the interest on and the principal of the bonds of suchissue, as such obligations respectively become due and pay IN WITNESS WHEREOF, the City of Tigard has caused this bond to be signed by its mayor and attested by its Recorder, the annexed interest coupons to be executed with the facsimile signatures of such officer, and the seal of the 196city 1. to be affixed hereto this y ' Mayor - City o —8— ATTEST: Recor er FORM OF BOND COUPON No. On the first day of 19 , City of this coupon at the Tigard, State of Oregon, upon surren er o gon, will pay office of the Treasurer of the City of Tigard, Ore to bearer the sum of RS ($ in lawful money of the United States of DOLLARS for interest then due on its General Obligaation Improvement Amerc _, an Bond, Series No. 13, dated 9 bearing No. Mayor ATTEST: Recorder Section 6. Sale. The Recorder shall cause to be published in the Tigard Times,--g"—newspaper of general circulation printed and published in the City of Tigard, County of Washington, state of Oregon, and in the Daily Journal of Commerce, Portland, Oregon, notices of proposed sale of the bonds, as provided by law, in the form substantially as shown on Exhibit A attached hereto and by this reference incorporated herein, specifying that sealed bids will — � be received by the city up to and including the hour of 4:00 o'clock p.m. on the 19th day of October, 1981, and that immediately there- after bids received will be publicly opened by the council for the sale of the bonds, at not less than the par value thereof and the accrued interest thereof, at an interest rate or rates in multiples of one-eighth of one percent or one-twentieth of one percent, not exceeding a net effective rate of thirteen percent per annum, payable semiannually on May 1 and November 1; that the bids shall be accompanied by a cashier's check or certified check, of or upon a bank doing business in the State of Oregon, in the sum of $7,496.00 (not less than 2% of the par value of the bonds) to be forfeited to the city in case the bidder fails to complete the purchase in accordance with the terms of his bid; that bids must be unconditional except as to qualification of approval of validity of the bond issue by bond attorneys; that bids must show the total cost of the bond issue to the city, including interest, less premium offered, if any, provided the bid be accepted; that the bonds will be sold to the bidder whose bid will result in the lowest net interest cost to the city; and that the councilreserves the right to reject any or all bids. Section 7. Emergency. This ordinance being necessary for the immediate preservation of the public peace, health and safety of the City of Tigard, in order to obtain sufficient funds to pay for public improvements, an emergency is hereby declared to exist and this ordinance shall be in full force and effect immediately upon its passage by the council. Passed by the unanimous vote of the council, with a quorum in attendance, this 28th day of September, 1981. Approved by the Mayor this 28th day of September, 1981. ATTEST: APPROVED: LAI Recorder Mayor ORDINANCE No. 81- _ g -4- ..: . EXHIBIT A OFFICIAL NOTICE OF BOND SALE $374,795.00 CITY OF TIGARD WASHINGTON COUNTY STATE OF OREGON GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES NO. 13 Notice is hereby given that sealed bids will be received on behalf of the City of Tigard, Washington County, Oregon, until 4:00 o'clock p.m. (Prevailing Pacific Time) on October 19, 1981, at the City of Tigard, City Hall, 12420 S.W. Main, Tigard, Oregon 9.7223, at which time they will be publicly opened and announced. The bids shall be considered and acted upon by the City Council at its meeting to be held on October 19, 1981, commencing at 7:30 o'clock p.m. 'Prevailing Pacific Tine) . ISSUE: Three Hundred Seventy-four Thousand Seven Hundred Ninety-five DOLLARS ($374,795) consisting of seventy-five (75) coupon bonds in denominations of FIVE THOUSAND DOLLARS ($5,000) , except bond number One in the amount of $4,795, all dated November 1, 1981. INTEREST RATE: Maximum not to exceed a net effective rate of thirteen percent (13%) per annum, the first interest payment due on May 1, 1982 and semiannually thereafter on May 1 and November 1 of each year. Bidders must specify the interest rate or rates which the bonds hereby offered for sale shall bear. The bids shall comply with the following conditions: (1) Each interest rate specified in any bid must be in multiples of 1/8th or 1/20th of one percent (1%); (2) No bond shall bear more than one rate of interest, no interest payment shall be evidenced by more than one coupon, and supplemental coupons will not be permitted; (3) Each bond shall bear interest from its date to its stated maturity date at the interest rate specified in the bonds; (4) All bonds maturing at any one time shall bear the same rate of interest; (5) The difference between the highest and lowest rates bid shall not exceed two percent (2%) . MATURITIES: The bonds shall mature serially in numercial order on the first day of November in each of the years as follows: BOND NO. MATURITY DATE AMOUNT 1-4 November 1, 1982 $ 19,795 5-9 November 1, 1983 25,000 10-14 November 1, 1984 25,000 15-20 November 1, 1985 30,000 21-27 November 1, 1986 35,000 28-35 November 1, 1987 40,000 36-43 November 1, 1988 40,000 44-52 November 1, 1989 45,000 53-63 November 1, 1990 55,000 64-75 November 1, 1991 60,000 REGISTRATION: The bonds will be issued in bearer form with no option for registration. PAYMENT: Principal and interest are payable in lawful money of the United States at the office of the Treasurer, City of Tigard, City Hall, Tigard, Oregon 97223. PURPOSE: The bonds are issued to provide funds for streets and sewers. SECURITY. The city has assessed the cost of public improve- ments to benefited properties and all monies collected therefrom shall be placed in The Bancroft Redemption Fund and applied to the payment of principal and interest on these bonds. The bonds are also general obligations of the city. The city has covenanted to levy an ad valorem tax annually as required to pay bond principal and interest as they respectively come due. LEGAL OPINION: The approving opinion of Ragen, Roberts, O'Scannlain, Robertson & Neil, Attorneys at Law, of Portland, Oregon will be provided at no cost to the purchaser, and will be printed on the bonds at the expense of the city. TAX EXEMPT STATUS: Interest on the bonds, in the opinion of bond counsel, is exempt from taxation by the United States under present federal income tax laws and from personal income taxation by the State of Oregon under present state law. BEST BID: The bonds will be awarded to the responsible bidder whose proposal will result in the lowest net cost to the city. The successful bid will be determined by computing the total amount of interest which the city would be required to pay from the date of each bond to its respective maturity date at the coupon rate or rates specified in the bid assuming no bonds are called prior to maturity, less premium offered, if any. Bidders are requested to supply the total interest costs and net effective interest rate, based upon the aggregate interest cost, if its bid be accepted, that the city will pay upon the issue if the bid is accepted. Such information shall be considered as informative only. The purchaser must pay accrued interest, computed on a 360- day basis, from the date of the bonds to the date of delivery. The cost of printing the bonds will be borne by the city. DELIVERY: Delivery of the bonds will be made without cost to the successful bidder at such bank in the City of Portland, Oregon, as the successful bidder shall name. Payment for the bonds must be made in funds immediately available to the city. Delivery will be made within thirty (30) days. FORM OF BID: All bids must be for not less than all the bonds hereby offered for sale, and for not less than one hundred percent N (100%) of the par value thereof and accrued interest to the date of delivery. Each bid together with bidder's check as herein specified must be enclosed in a sealed envelope addressed to the city ¢ and designated "Proposal for Bonds". BID CHECK: All bids must be unconditional and accompanied by a certified or cashier's check on a bank doing business in the State of Oregon for Seven Thousand Four Hundred Ninety-five Dollars ($7,496) payable to the order of the city to secure the city from any loss resulting from the failure of the bidder to comply with the terms of its bid. Checks will be forfeited to the city as liqui- dated damages in case the bidder to whom the bonds are awarded shall withdraw its bid or fail to complete its purchase in accordance with the terms thereof. No interest shall be allowed on the deposit but the check of the successful bidder will be retained as part payment- of the bonds or for liquidated damages as described above. Checks of the unsuccessful bidders will be returned by the city promptly after award of bid. RIGHT OF REJECTION: The city reserves the right to reject any or all bids and to waive any irregularity. OFFICIAL STATEMENT: The city has prepared an official state- ment relating to the bonds, a copy of which will be furnished upon request to the undersigned. CUSIP: CUSIP numbers will be imprinted upon all bonds of this issue at the purchaser's request and expense. An improperly imprinted number will not constitute basis for the purchaser to refuse to accept delivery. NO LITIGATION: At the time of payment for the delivery of said bonds, the city will furnish the successful bidder a cerfifi- cate that there is no litigation pending affecting the validity of the bonds. ADDITIONAL INFORMATION: Additional information regarding the R city and this sale may be obtained from Doris Hartig, City t' Recorder, City Hall, 12420 S.W. Main, Tigard, -Oregon 97223, � (503)639-4171. ` Recorder, City of Tigard E c°