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Ordinance No. 84-60 CITY OF TIGARD OREGON ORDINANCE N0. 84 AN ORDINANCE ESTABLISHING BANCROFT BOND PROCEDURES; AUTHORIZING THE ISSUANCE OF BANCROFT BONDS; REPEALING 13.04.085; AND DECLARING AN EMERGENCY. WHEREAS, the Charter provides the City shall have all powers which the state expressly or impliedly grants to municipalities as though the Charter enumerated them; WHEREAS, state law, ORS 223. 205 and 223.210 to 222.295, provides for Bancroft bonding and ORS 223.205(3) provides thut jurisuictions may adopt their own procedures for Bancroft bonding; -- WHEREAS, state planning laws and administrative rules regi:ire land use planning and that the comprehensive plans be implemented by public improvements; WHEREAS, public improvements are vital to jobs and economic growth and may be required to solve problems which affect the public health, safety or welfare; WHEREAS, the Local Improvement District is a means of making public improvements and assessing the cost to benefited properties; WHEREAS, Bancroft bonding allow7 assessed property owners to make installment payments and is a service to the property owners because they may not have access to the money otherwise. It is also a benefit to the general public because they are not required to finance services from which they do not derive a benefit; WHEREAS, Bancroft bonds are general obligation bonds which are backed by the property owners' property and are a first lien with the highest priority and which are backed by the full faith and credit of isle a.t and ORDINANCE NO. 94- Page 1 WHEREAS, this Ordinance provides for Bancroft bonding and authorizes the Finance Director to sell Bancroft bonds on a continuous basis whenever the City receives qualifying applications Of $25;OOn_D0 or more; NOW, THEREFORE, the City of Tigard ordains as follows: Section 1: Definitions (a) "Improvement" shall have the meaning given in TMC 13. 04.010. Section 2: Right of Property Owners to Apply for Installment Payment of Assessment (a) Whenever the Council has proceeded to cause any improvement to be consti uutcu vi I(tau� ail i.ii.l t Lit corporate limits, and has assessed the costs of such improvement to the property benefited, the owner of any property so assessed for such improvement in the sum of $500 or more, at any time within 10 days after ,z notice of such assessment is first published, may file with the Finance Director a written application to pay- (1) The whole of the assessment in installments; or (2) If part of the assessment has been paid, the unpaid balance of the assessment in installments. (b) A. the option of the City, written applications may be filed after 10 days after notice of assessment is first published. Section 3. Right of Educational, Reli ious, Fraternal or Charitable Organizations and Public Corporations to Bond the Assessment. Any educational, religious, fraternal or charitable organization or public corporation owning ORD111ANCE NO. .Page 2, property assessed for its proportionate share of the 'a. cost of constructing an improvement as defined in Section 1 shall have the same right to bond the assessment and, having bonded the assessraent, shall be subject to the same duties and liabilities as a natural person bonding an assessment. however, the limitations on the amount of an assessment that may be bonded do not apply to an educational, religious, fraternal or charitable organization or public corpora- tion; and such organizations and corporations shall be ,t permitted to bond to the .full extent of such assessments. Section 4: Contents of .application to Pay in Installments; Computation of Installments. (a) The written application of the applicant and property owner to pay an assessment arising out of a local improvement shall state the following: (1) .The applicant and 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) T.ae application shall provide that the applicant and property owner agree to gay an assessment in equal semi-annual installments over a period not to exceed thirty years as the city council may provide, with the interest rate maximum to be established by the council at the time the assessment ordinance is adopted, which shall include an amount sufficient to pay a proportionate ORDINANCE NO. 6 Page part of the costs of administering the bond assessment program and issuing the bonds and including, but not limited to legal, printing and consultant fees. 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 cont'aniP__nt. description,1 tion, of the property of iiae applicant assessed for such improvement. Section 5: Applications; When Accepted and Refused. No applica- tion as provided by Section 4 shall be received and filed if the amount remaining unpaid upon such assess- ment together with the unpaid balance of any previous assessments for improvements against the same property ,t equals or exceeds double the assessed valuation of the y 1 property, as shown by the last county tax roll. Section 6: Record of Application to be"Kept. The Finance Director shall: (a) Keep all applications filed under Section 2 in convenient form for examination. The applications received for each improvement shall be separate. (b) Enter in a book kept .for that purpose, under separate headings for each improvement, the date of filing of each application, the name of the applicant, a description of the p;.operty and the amount of the assessment, as shown in the application. ORDINANCE 140. 84-_,�� Page 4 777 71 71 Section 7: Bond Lien Docket; Interest; Priority. After expiration of the time for filing application under Section 2, the Finance Director shall enter in a docket kept for that purpose, under separate headings for each street, sewer, water main, or off-street motor vehicle parking facility, by name or number, a description of each lot or parcel of land or other property against which the assessment is made, or which bears or is chargeable for the cost of the improvement, with the name of the owner and the amount of the unpaid assessment. This docket shall ystand thereafter as a lien docket as for taxes assessed F and levied in favor of the city, and for the amounts of fi such unpaid assessments therein docketed, with interest on the unpaid assessments at the rate determined by the t� 4. council, against each lot or parcel of land or other property, until the assessments and interest are paid in the manner provided in Sections 1 to 21 of this r Ordinance. All unpaid assessments and interest are a Y Tien on each lot or parcel of land or other property, respectively, in favor of the city, and such liens shall have priority over all other liens and encumbrances whatsoever. Section 8: Authority to Issue Bonds. (a) The Finance Director is and shall be authorized and directed to issue improvement bonds in the manner provided by Sections 1 to 21 upon the receipt of eligible applications which total $25,000.00 or more. ORDI14ANCE NO.. 84- Page 5 (b) This authorization shall be effective on the effective date of this ordinance and it shall remain in effect until repealed by ordinance and the amount issued annpn►ally2is limited only by the debt limitation provision, contained in `fic� �Ke terms of the improvement bond sale shall be as provided by Council acting in their administrative capacity and memorialized by resolution. Section 9. Issuance of Bonds; Limitation. Subject to the provi- sions of Section 8, when the lien docket is made up as provided by Section 7, as to assessments for any improvement, the Finance Director shall cause bonds to be issued in convenient denominations, not exceeding $5,000.00 each, and in all equal to the total amount -- of unpaid assessments for improvements, and for which applications to pay under Sections 1 to 21 of this ordinance have been filed, as shown by the bond lien docket. In lieu thereof, the Finance Director, on behalf of the City, may cause a bond to be issued which is equal to the total amount of unpaid assessments for improvements and for which applications to pay under Sections 1 to 21 of this ordinance have been filed, as shown by the bond lien docket. Such bond may be converted to bonds in denominations as specified by the purchaser. Bonds issued for any off-street motor vehicle parking facility, where the assessments levied run for more than 10 years but not more than 30 years, shall be issued separately and shall not include assessments levied for other improvements. QF.DIIIANCE No. 84- 40 Page 6 Section 10: Form of Bonds; Maturity Dates; Payment of Principal _r and Interest. The bonds shall, by their terms, be the general obligations of the City, be in serial form with definite maturity dates to be determined by the council, and shall mature in annual or semiannual installments, as provided by Section 8 (c) . Should the council so elect:, such portion of the particular issue of bonds as matures after one year from issue date may be made subject to call and redemption on such interest dates on or after the first year from issue date, as the council shall designate. The first installment of k� pri1-1vipal of each issue of such bonds shall become due and payable not later than two years, from the date of issue, and the last installment thereof not later than 30 years from the date of the first installment payment on the principal amount. Section 11: Installments to Permit Annual flax Levy for Retirement; Fractional Bonds; Inclusion in City Budget. The installments of principal of the bonds shall be equal or substantially equal in amount, or -the combined annual installments of: principal of and interest on the bonds shall be, as nearly as practicable, in such sums as will permit a substantially uniform annual tax '. levy for the retirement of the principal and the payment of the interest on the bonds as they respectively become due. Fractional bonds is denominations of less than �" $500comprising part of an issue shall be numbered with the number land shall be included in the amount of the ORDINANCE NO. 84- M; Page 7 first installment of maturing bonds. The interest on the bonds and the amounts of such installments of maturing bonds shall be included in the annual budget of the City, and there shall be deducted in the budget such an amount as the council conservatively estimates will be received from payments of the principal and interest on installments of assessments appertaining to the particular bond issue, and from receipts from sales and rentals of property acquired by the City pursuant to such assessments, during the year for which the levy is made. 4 Section 12: Interest Rate; Notice of Bond Call. The bonds shall be — payable in lawful money of the United States, and bear interest payable semiannually at a rate not to exceed the percent per annum established pursuant to ORS 283.515 to 288.550. Notice stating that certain bonds f„ are -to be called for redemption upon optional payment dates, and that the interest thereon shall cease upon I the interest payment date upon which the bonds are called, shall be published in a newspaper published and generally circulated within the boundaries of the City. if there is no such newspaper, then in a newspaper having a aereral circulation within its boundaries, at least 30 days prior to that date. After that date, interest upon the bonds designated in the notice shall cease. Section 13: Execution, Authentication and Registration of_ Bonds. The bonds, before issuance, shall be executed with the facsimile signatures of the Mayor and Finance ORDI14ANCE NO. 84a10 Page Director; and shall be registered consecutively, by number and denomination of each, in a book to be kept by the Registrar/Paying Agent. Each of the bonds shall have distinctly and plainly inscribed or printed on the face thereof the registered number of the bond and the words "Improvement Bond," with the name of the City. Section 14: Sale of Bonds; Disposition of Proceeds from Bond Sales. The bonds shall be advertised for sale and sold in the manner prescribed in ORS 287.014 to 287.026. The proceeds thereof shall be paid by the purchaser to the Finance Director and the ;gar value thereof credited to the respective improvement fund for which the bonds are issued. The accrued interest and premium accruing from the sale of the bonds shall be credited to the ` general fund of the City, the fund from which interest is paid on improvement warrants, or to the improvement bond sinking fund, as the council shall direct. Section 15: Payment of Installments; Due Dates. There shall be due and payable semiannually for not to exceed 30 years, as the council may provide, to the Finance Director by the owner of each lot or parcel of land assessed for any improvement, whose application to pay the cost of such improvement by installments has been filed as provided in Section 2 to Section 5, such percentage of such cost assessed against the property of such owner, as may be provided by the council, as appears by the bond lien docket described in Section 7, with the amount of one-half of one year's 'interest at the rate per annum ORDINANCE NO. Page 9 _ determined by the council under Section $ (c) . The first payment shall be due and payable on the date determined by the Finance Director and subsequent payments at the expiration of each semiannual period thereafter. Section 16: Procedure for Collection on Default. Should the owner neglect or refuse to pay installments under Section 15 as they become due and payable for a period of one year, then the council :nay, by reason of such neglect or refusal to pay the installments, and while the neglect and refusal to pay continues, pass a resolution giving the name of the owner then in default in the payment of the sums due, either principal or interest, together with a description of the property upon which the sums are owning and declaring the whole sum, both ( principal and interest, due and payable at once. 1t s may then proceed at once to collect all unpaid install- ments and to enforce collection thereof, with all penalties added thereto, in the same manner as set forth. i Section 17: Notice to Pay; Receipts and Entries on Lien Docket. The Finance Director shall, when installments and interest on any assessment in the bond lien docket are due, make the proper extensions of such installments and interest on the bond lien docket. The Finance Director shall notify the property owner that the installments are due and payable, but a failure of any owner to receive such notice shall not prevent collec- tion of the installment as provided in Section 16. Y ORDINANCE;NO. 84 & Page 10 The Finance Director shall issue a receipt to the person paying the installments and interest, and shall file duplicates of the receipts and shall make the proper entires on the bond lien docket showing the amount of each payment and the date thereof. Section 18: Right of Owner to Prepay Balance and Discharge Lien. At any time after issuance of the bonds, any owner at the time being of any property against which the assess- ment is made and lien docketed may pay into the City treasury the whole amount of assessment for which such lien is docketed, together with the full amount of interest and costs accrued thereon to such date of payment. Upon producing to -the Finance Director the receipt, the Finance Director shall enter in the lien docket opposite the entry of the lien the fact and date of such payment and that the lien is discharged. Section 19: Separate Funds Kept for Moneys Received; Investments by City Authorized. The Finance Director shall account for all funds recoived under Sections 1 to 21 of this Ordinance and shall account for such funds separately from other City funds. The amount of such moneys paid on account of installments, and interest on unpaid installments, shall be placed to the credit of a redemption_ fund. All interest and principal due on improvement bonds shall be paid from the redemption fund. The amount placed to the credit of the redemption fund shall from time to time be invested as provided in ORS 294,035 or 294.805 to 294.895. ORDINANCE NO. 84- 66 Page 11 Section 20: Payments Entered on Lien Docket; Lien Discharge. Entries of payments of installments, interest and costs, made under Sections 1 to 21 of this Ordinance, shall be made in the lien docket as they are received, with the date thereof, and such payments so made and entered shall discharge the lien to the amount of such F payment and from the date thereof. Section 21: Limit on City Indebtedness. (a) The City may incur indebtedness in the form of bonds and other obligations by virture of Sections 1 to 21 of this Ordinance to an amount which, exclusive of indebtedness for municipal utilities but inclusive of all. other indebtedness of the City, shall not exceed .09 of the latest true cash valuation of the City. Regardless of the above limitation, the City may issue bonds under Sections 1 to 21 of this Ordinance in an amount not exceeding .03 of the latest true cash valuation of the City. _(b) "Municipal utilities," as used in subsection (a) of this section, includes city-operated gas, water, lighting and sewage disposal plants, and sanitary or storm sewers, railroads, hospitals, infirmaries, parking facilities and other like municipal projects, that for a period of one year next preceding the date of issuance of the improvement bonds or warrants, had been wholly self--supporting from fees and service charges, without the necessity of a tax levy therefor. x For the purposes of this section, an unqualified ORDINANCE NO. 84 Page 12 - T certificate from the Division of Audits of the office of the Secretary of State that a municipal utility has been thus self-supporting for the prescribed period shall be proof thereof. (c) The indebtedness incurred by virtue of Sections 1 to 21 of this Ordinance shall be determined by deducting from the sum total of outstanding improvement bonds and improvement warrants issued pursuant to the provisions of Sections 1 to 21 of this Ordinance, and of any outstanding bonds issued to fund those warrants and of outstanding bonds issued to refund any of said bonds, the aggregate of sinking funds or other funds applicable to the payment thereof, less the aggregate of overdrafts, if any, in the improvement bond interest fund. Section 22: The provisions of 13.04.085 are hereby repealed. Section 23: The sections of this ordinance are severable. If any section, sentence, clause or phrase of this ordinance is adjudged to be invalid by a court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this ordinance. Section 24; This Ordinance is necessary to protect the general health, safety and welfare of the people of the City of Tigard because public improvements are required to implement the state mandated land use planning require- ments, to provide for economic growth and jobs, and to solve health and safety problems which arise, and ORDINANCE NO. 84�� Page 1. Bancroft bonding allows benefited property owners to make installment payments. Without Bancroft bonding, property owners will be required to pay in full, or the nonbenefited property owners may be required to finance the services. An emergency is hereby declared to exist and this ordinance will be effective upon its passage & approval. PASSED: By the Council by r vote of all Council members present, after being read by number and title only, this day of �� - 1984 . City Recorder - City of Tigard APPROVED: By the Mayor this ,?2 day of , 1984. o ' - City of Tigard ORD114ANCE NO. ;84- Page 14