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Ordinance No. 82-63 ORDINANCE NO.%,;t- _ AN ORDINANCE AUTHORIZING ISSUANCE OF GENERAL OBLIGATION IMPROVEMENT BONDS AND DECLARING AN EMERGENCY THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1. Authorization. The City of Tigard, Oregon, does hereby authorize the issuance and sale of General Obligation Improvement Bonds, Series 15, of the City of Tigard, Oregon, in the Amount of Eigth Hundred Thirty Eight Thousand Six Hundred Dollars ($838,600), to be dated October 1, 1982, to be numbered consec- utively from one (1) to one hundred sixty-seven ( 167) inclusive, to be in denominations of Five Thousand Dollars ($5,000) each, except bond number one in the amount of Thirty Six Hundred Dollars (3,600), to bear interest payable semiannually on April I and October I of each year and to mature serially in numerical order on the first day of October in each year as follows: YEAR AMOUNT 1533 $ 48,600 1984 $ 60,000 1985 $ 65,000 1986 $ 70,000 1987 $ 80,000 1988 $ 85,000 1989 $ 90,000 1990 $100,000 1991 $115,000 1992 $125,000 with the right reserved to the City, however, at its option, to redeem in inverse numerical order and accrued interest on October 1, 1989, and on any interest payment day thereafter, any or all of the bonds of such issue maturing after October 1, 1989, at the following prices expressed as percentages of the principal amount, plus accrued interest to the redemption date: IF REDEEMED ON REDEMPTION PRICE October 1, 1989 and April 1, 1990 102 October 1, 1990 and April 1, 1991 101 % October 1, 1991 and thereafter 100 Z _ l _ k t S. Section 2. Signatures and Registration. Each of the bonds shall be personally signed with the facsimile signature of the I Mayor in office on the date of execution of such bonds; each of t 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 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 improvemenas 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 the 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 z taxable property within the City in sufficient amount, after E taking into consideration discounts taken and delinquencies that may occur in the payment of such taxes, to pay the bond and bond interest obligations promptly as they respectively mature; and the City covenants with the holders of its bonds, to levy such a t 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 k 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 is 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: C_ f 2 - k UNITED STATES OF AMERICA .. STATE OF OREGON COUNTY OF WASHINGTON CITY OF TIGARD GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 15 6- P 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 first day of October, 19 , sum of THOUSAND DOLLARS with interest thereon from the date hereof at the rate of percent ( %) per annum, on the first day of April and the first day of October 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 City Treasurer in the City of Tigard, Oregon. The bonds of the issue of which this Bond forms a part, maturing after October 1, 1989, may be redeemed by the City, in inverse numerical order on October 1, 1989, at the following prices expressed as percentages of the principal amount, plus accrued interest to the redemption date, as follows: ' IF REDEEMED ON REDEMPTION DATE October 1, 1989 and April 1, 1990 102 % October 1, 1990 and April 1, 1991 101 October 1, 1991 and thereafter 100 upon notice given by publicationofnotice thereof in a newspaper specializing in financial matters published in the City of Portland, Oregon, and in a newspaper published and generally circulated in the City of Tigard as required by law. From the date of redemption designated in such notices, interest on the bonds so called for payment shall cease. THIS BOND is one of a series aggregating Eight Hundred Thirty Eight Thousand Six Hundred Dollars (838,600) par value, issues to provide funds to construct public improvements as authorized by Oregon Revised Statutes 223.205 to 223.295, inclusive, commonly known as the Bancroft Bonding Act and are general obligations of the City. _ 3 _ F F ' f`4 k IT IS HEREBY CERTIFIED, RECITED, AND DECLARED that all f 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 manner as required by the constitution and statutes of the State of Oregon; that the issue of which this bond is a part, and all other obligations 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 such issue, as such obligations respectively become due and payable. IN WITNESS WHEREOF, the City of Tigard has caused this bond to be signed by its Mayor by facsimile signature and attested by its Recorder, the annexed interest coupons to be executed with the facsimile signatures of such officers, and the seal of the City to be printed or affixed hereto this first day of October, 1982. i Mayor, City of Tigard ATTEST: Recorder 4 - FORM OF BOND COUPON No. On the first day of , 19 , City of Tigard, State of Oregon, upon surrender of this coupon at the office of the City Treasurer of the City of Tigard, Oregon, will pay to bearer the sum of Dollars ($ ) ; in lawful money of the United States of America, for interest then due on its General Obligation Improvement Bond, Series 15, dated October 1, 1982, and bearing No. Mayor ATTEST: Recorder For coupons maturing after initial call date, ADD: unless sooner redeemed as therein provided, Section 6. Temporary Bond. The City may deliver a temporary bond, which may be a single registered, typewritten installment bond. The temporary bond shall be exchangeable for definitive coupon bonds not later than 30 days after the date of the bond sale. Section 7. Sale. The Recorder shall cause to be published in the Tigard Times, and in The Daily Journal of Commerce, Portland, Oregon, notices or summaries 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. The bonds shall be sold upon the terms provided in the attached Exhibit A. The bonds shall be sold on the date and at the time and place stated in Exhibit A unless the Mayor or Recorder subsequently establishes a different date, time or place. Section 8. 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 and approval by the Mayor. — 5 • r Passsed by the unanimous vote f the council, with a quorum in attendance, this :3orh day of Ls= 19 - APPROVED BY THE MAYOR this 30 7h day of A ATTEST: APPROVED: / - -lit RecokcTer Mayor k 3 4 _ 6 OFFICIAL NOTICE OF BOND SALE $838,600 t CITY OF TIGARD WASHINGTON COUNTY, OREGON GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 15 I Notice is hereby given that sealed bids will be received on behalf of the City of Tigard, Washington County, Oregon, until. 10:00 o'clock a.m. (Prevailing Pacific Time) on September 28, 1982, at the offices of Ragen, Roberts, O'Scannlain, j Robertson & Neill, 1600 Orbanco Building, 1001 SW fifth Avenue, Portland, Oregon 97204 at which time they will be publicly opened and announced. The bids shall be considered and acted upon by City Council within four hours after bids are received. ISSUE: EIGHT HUNDRED THIRTY EIGHT THOUSAND SIX HUNDRED DOLLARS (838,600) ' consisting of 167 coupon bonds in denominations of FIVE THOUSAND DOLLARS ($5,000), except Bond No. One in the amount of $3;6001 all dated October 1, 1982. INTEREST RATE: Maximum not to exceed a net effective rate of fourteen percent (14X) per annum. Interest is payable April 1, 1983 and semiannually thereafter on October 1 and April l 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 condition3: (1) Each interest rate specified in any bid must be in multiples of 1/8th or 1/20th of one percent ( 19); (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 bids; (4) All bonds maturing at any one time shall bear the same rate of interest; (5) No interest rate bid shall exceed 18%. MATURITIES: The bonds shall mature serially in numerical order on the first day of October of each year as follows: DATE AMOUNT DATE AMOUNT 1983 $48,600 1988 $ 85,000 1984 $60,000 1989 $ 90,000 1985 $65,000 1990 $100,000 1986 $70,000 1991 $115,000 1987 $80,000 1992 $125,000 �u Page I -� Notice of Bond Sale REGISTRATION: The bonds will be issued in bearer form with no option for registration. REDEMPTION: The bonds of the issue of which this Bond forms a part, maturing after October 1, 1989, may be redeemed by the City, in inverse numerical order on October 1, 1989, at the following prices expressed as percentages of the principal amount, plus accrued interest to the redemption date, as follows: IF REDEEMED ON REDEMPTION PRICE October 1, 1989 and April 1, 1990 102 % October 1, 1990 and April 1, 1991 101 1/2% October 1, 1991 and thereafter 100 % i upon notice given by publication of notice thereof in a newspaper specializing in financial matters published in the City of Portland, Oregon, and in a newspaper published and generally circulated in the City of Tigard as required by law. From the date of redemption designated in such notices, interest on the bonds so called for payment shall cease. ' PAYMENT: Principal and interest are payable, in lawful money of the United States at the office of the City Treasurer, in the City of Tigard, Washington County, Oregon. PURPOSE: The bonds are issued to provide funds to construct public improvements as authorized by Oregon Revised Sttutes 223.205 to 223.295, inclusive, commonly known as the Bancroft Bonding Act. 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 bonds are also general obligation bonds of the City. The City has covenanted to levy an ad valorem tax annually to pay bond principal and interest as they respectively come due. LEGAL OPINION: The approving opinion of Ragen, Roberts, !` O'Scannlain, Robertson & Neill, Attorneys at Law, of Portland, t` 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. r F Page 2 - notice of Bond Sale f. 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 c,�jupon rate or rates specified in the bid, 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 costs to the successful bidder at such bank in the City of Portland, Oregon, as the successful bidder shall name. Payment for the 4 bonds must be made in Federal funds. Delivery will be made within thirty days. x 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 (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 y 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 Sixteen Thousand One Hundred Twelve Dollars ($16,112) 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 liquidated 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 E 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. g CUSIP: CUSIP numbers will be imprinted upon all bonds of F' 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. Page 3 Notice of Bond Sale C 4 r NO LITIGATION: At the time of payment for the delivery of said bonds, the City will furnish the successful bidder a certificate that there is no litigation pending affecting the validity of the bonds. OFFICIAL STATEMENT AND ADDITIONAL INFORMATION: The City Preliminary Official Statement and additional information regarding the City and this Sale may be obtained from Doris Hartig, City Recorder, City Hall, 12755 SW Ash Avenue, Tigard, Oregon 97223, telephone 503/639-4171, or Clements & Marshall, 4800 SW Macadam Avenue, Suite 309, Portland, Oregon 97201-3980, telephone 503/241-7243. Doris Hartig, City recorder City of Tigard, Oregon `x { Page 4 - Notice of Bond Sale