Ordinance No. 81-98A CITY OF TIGARD, OREGON
r ORDINANCE No. 81- 98-A
AN ORDINANCE OF THE TIGARD CITY COUNCIL AMENDING CHAPTER 13.04 OF THE
TIGARD MUNICIPAL CODE DEALING WITH LOCAL IMPROVEMENT DISTRICT PRO-
CEEDINGS, AND DECLARING AN EMERGENCY.
THE CITY OF TIGARD ORDAINS AS FOLLOWS :
Section 1: That Section 13.04.040, Notice, 13.04.050, Remonstrance,
an .(0+.085, Contents of Application to Pay in Installments, of
the Tigard Municipal Code, relating to public notice requirements,
remonstrance requirements and installment application requirements
of the Local Improvement District proceedings, be, and the same
are hereby amended to read as follows :
"13.04.040 Notice. The resolution of the City Council declaring
t o purpose o t e imporvement shall be published once in a
newspaper of general circulation within the City, provided that
the publication shall be not less than ten days prior to the time
when all persons interested may present their objections to the
improvements. Such notice shall specify the time and place where
the Council will hear and consider objections or remonstrances to
the proposed improvement by any parties aggrieved thereby. "
"13.04.050 Remonstrance. Within ten days from the date of the
pu icati.on o t e notice required to be published in Section
13 .04.040, the owners of sixty-six and two-thirds percent or more
in area of the property within the assessment district may make
and file with the City Recorder written objection or remonstrance
against the proposed improvement, and such objection or remonstrance
shall be a bar to any further proceedings in the making of such
improvement for a period of sic months, unless the owners of
one-half or more of the property affected shall subsequently
petition therefor. "
"13.04.085 Contents of application to a in installments. The
provisions o ORS 3. notwit stan ing, the written application
of the applicant and property owner to pay an assessment arising
out of a local improvement shall state the following:
(1) That the applicant and the property owner does thereby
waive all irregularities or defects, jurisdictional or otherwise,
in the proceedings to cause said improvements to be constructed
or made for which the assessment is levied and in the apportionment
of the costs thereof;
(2) The application shall provide that the applicant and
property owner agree to pay an assessment in equal semi-annual
installments over a period not to exceed thirty years as the
City Council may provide, with 'interest at a rate to be established
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by the City Council at the time the assessment ordinance is adopted.
The rate shall be adjusted if and when Bancroft bonds are sold so
that the interest rate on the application does not exceed the net
effective interest rate on the bonds plus two percent to defray
the city's administrative expenses. Notice of the rate adjustment
shall be given by mail to the affected applicant and property owner.
(3) A statement, by lots or blocks, or other convenient
description, of the property of the applicant assessed for such
improvement. (Ord. 80-37 §L, 1980) . "
Section 2. Inasmuch as this ordinance is necessary to protect the
general welfare of the public by making publications of the above-
noted hearings as cost effective as possible, and noting the fluctua-
tions of the bond market may result in the loss of sales of city
bonds and consequent inability of the city to fund local improve-
ment projects and, therefore, protect the public welfare, an
emergency is recognized to exist and is hereby declared and this
ordinance shall become effective immediately upon passage and
approval by the City Council .
PASSED: By the City Council by /,� �.1L�£t,cu s vote of all
Council members present,atter being read No times by
number and title only, this day of !�� r,
1981.
Recor er - City o T i g a
SIGNED: By the Mayor, this day of 1981 .
Mayor - City of Tigard 4T
ORDINANCE No. 81- ���