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Resolution No. 09-59 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 09- A RESOLUTION OF TIE CITY OF TIGARD, WASHINGTON COUNTY, OREGON, CALLING A MEASURE ELECTION TO SUBMIT TO THE ELECTORS OF CITY THE QUESTION OF CONTRACTING GENERAL OBLIGATION BONDED INDEBTEDNESS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $20,000,000 TO FINANCE TEE CASTS OF CAPITAL CONSTRUCTION AND CAPITAL IMPROVEMENTS DECLARING INTENT TO REIMBURSE EXPENDITURES; AND RELATED MATTERS. WHEREAS, the City Council of the City of Tigard, Washington County, Oregon (the "City°'), has determined that a need exists for the City to finance the costs of capital construction and capital improvements related to preservation of natural areas, wildlife habitat; improvement and creation of community parks and recreational areas; construction and improvement of hiking, bilging and wanting trails through land acquisition and restoration, and protection of eater quality in local creeps and streams (the "Projects"). The bond proceeds would also be used to pay bond issuance costs; and. WHEREAS,the costs of the Projects are estimated to be not more than $20,000,000; and WFIEREAS, Oregon Revised. Statutes Chapter 287A.050 authorizes the City to contract banded indebtedness to provide funds to finance the costs of the Projects and to pay band issuance costs subject to voter approval; and. WH[EREA ,the City anticipates incurring expenditures (the "Expenditures") to finance the costs of the Projects and hereby declares its official intent to reimburse itself for any Expenditures it may make on the Projects from the proceeds of voter-approved general obligation bonds (the "Bonds"), the interest on which shall be excluded from gross income under Section 103` of the Internal Revenue Code of 1986,as amended (the "Code"); and WHEREAS, the City understands that the use of proceeds of the Bonds to reimburse an Expenditure may occur no later than the later of (a) 18 months after the date of such Expenditure or (b) 18 months after completion of the projects to which such Expenditure relates, and in any event no later than three years after the date of such Expenditure; and may occur no earlier than sixty(60) days prior to the date of the adoption of this resolution; except for preliminary expenditures in an amount not exceeding 0% of the Bond proceeds or expenditures which do not exceed the lesser of $100,000 or 5 percent of the Bond proceeds. NOW,THEREFORE,BE IT RESOLVED bythe Tigard City Council that: Page 1 SECTION 1: A measure elector is hereby called for the purpose of submitting to the electors of the City the question of contracting general obligation bonded indebtedness in the name of the City in an amount not to exceed $20,000,000. Bored proceeds will be used to finance the Projects and pay all Bond issuance costs; Pursuant to ORS 250,285, the City Council approves the ballot title that is attached as Exhibit A and directs that this ballot title be filed with the City Attorney and the City Elections Officer. SECTION 2: The measure election hereby called shall be held in the City on the 3r3 day of November, 2009. The election shall be conducted by mail pursuant to ORS 254.465 and 254:470. SECTION 3 The City authorizes the Mayor, City Manager (each an "Authorized:Representative") or a designee of the Authorized Representative to act on behalf of the City and to take such further action as is necessary to carryout the intent and purposes herein in compliance with the applicable provisions of law. SEC;TIC3 4: Pursuant to ORS 250,275(5) the City Elections Officer shall publish in the next ; available edition of the Tigard Times or in some other newspaper of general distribution within the City, a notice of receipt of the ballot title including;notice that an elector .may file a petition for review of the ballot title pursuant to 250.296 not later than the seventh business day after ,the title is filed with the City Elections Officer in substantially the form attached hereto as Exhibit B (the "Notice"). SECTION 5: Pursuant to ORS 254.095(2) the City directs the City Elections Officer to file a Notice of City Measure Election in substantially the form of Exhibit A with the Washington County Elections Office not earlier than the eighth business day after the date on which Exhibit A is filed with the City Elections Officer and not later than September 3, 2009 (sixty-one (61) days prier to the election date). The Washington County Elections Office is required to produce and disseminate a facsimile of the ballot in accordance with ORS 254.205, SECTION 6: The City hereby declares its official intent to reimburse itself with the proceeds of the Bands for any of the Expenditures incurred by it prior to the issuance of the Bonds. SECTION 7: The law firm of IC & L Cates LLP, is hereby appointed to serve as bond counsel with respect to the issuance of the Bonds, The City willl pay the fees and expenses of bond counsel from Bond proceeds. RESOLUTION NO.09 Page 2 x SECTION 8. The Explanatory Statement for the measure for the Washington County Voter's Pamphlet shall be as set forth in Exhibit C attached. SECI"ION 9: This resolution is effective immediately tipon passage. PASSED: This � daycif - � L 2001. or City of Tigard ATTEST Cid ReColdel:- City of Tigan IAQC rc de\ uncil Packets\Packet'09`090818\1;o bond resolutions-H-09draft.doc RESOLUTION NO,09- Page 3 EXHIBIT A NOTICE OF CITY MEASURE ELECTION CITY OF TIG WASHINGTON COUNTY, OREGON NOTICE IS HEREBY GIVEN that on November 3, 2009, a measure election will be held in the City of Tigard,'Washington CountT, Oregon:.,The following shall be the ballot title of the measure to be submitted to the City's voters on this date: CAPTION Band Issue to Preserve Natural Areas,and Develop Parks,Trails. QUESTION Shall City Issue $201dlillon General Obligation Bonds to Preserve Natural Areas,Develop Parks and Trails Beginning Fiscal Year 2010-2011? If the bonds are approved,they will be payable from taxes on property or property ownership that are not subject to the limits of sections 11 and 11b,Article M of the Oregon Constitution. SUMMARY If approved,this measure would authorize the City of Tigard to sell up to $ 0 million in bonds for costs of capital construction and improvements,including land acquisition and restoration,which would: • Preserve natural areas, • Create and improve communityparks,recreational areas and trails, • Protect creeks and streams for unproved local water quality,and • Protect streams,fish and wildlife. The Parks and Recreation Board would provide oversight; proceeds would be audited in City's yearly audit. Bonds would mature in 21 years or less from issuance and may be issued in one or more series. The estimated additional annual cost to property owners if all $20 million in bonds are sold would be $0.32 per$1,000 of assessed valuation. For the owner of a home with the median,assessed value of $200,893,the city estimates that the additional monthly cost would be about$5.41 per month,or $65 per year. RESO U110N NO.09- 5-q Page 4 y EXHIBIT B NOTICE OF RECEIPT OF BALLOT TITLE Notice is hereby given that a ballot title for a measure referred by the City of Tigard has been filed with the City Elections Officer on August 18, 2009. The ballot title caption is BOND ISSUE TO PRESERVE NATURAL ARE,AS AND DEVELOP PARKS, TRAIT-S. An elector may file a petition for review of t1-:iis, ballot title in the Washington County Circuit Court no later than 5:00 p.m., August 27, 2009 [insert the date that is seven business days after filing this notice with the City Elections Officer] under ORS 250.296_ Signature of CityElections Officer Date signed (1) Qj��Recorder Printed Name of City Elections Officer Title This legal notice is to be published by the City Elections Officer in The Times,Tigard, Oregon, or in another newspaper of general distribution within the City. RESOLMIONNO.09-- —5 Page,Y M EXHBIT C EXPLANATORY STATEMENT T With passage of the Bond Measure,voters would direct the City of Tigard to preserve natural areas, create,improve and develop parrs,preserve clean water by acquiring lands near rivers,creeps and steams and protect wildlife habitat throughout Tigard,while managing the impacts of growth. The$20 million general obligation bond measure would allow for the implementation of a significant portion of the Tigard Park System Master plan, balancing the following objectives: • The acquisition of land for the creation of high qualityparlts and natural areas for both active and passive recreation:for all ages, with the goal of pants within a half-mile of every Tigard resident. • The acquisition of natural areas intended primarily for protection of critical natural resources, including rare and state and federally listed species,so that natural areas are an integral part of every Tigard neighborhood. • The improvement and development of existing neighborhood and co unity parks throughout Tigard. • The acquisition of land and easements for the creation of an interconnected regional and local system of on- and off- road trails and paths that link together neighborhoods,parrs, natural areas, major urban activity centers and regional recreational opportunities. • The preservation of clean water throughout Tigard through the acquisition of sensitive lands near rivers,creeps,streams and wetlands. In the first year following its passage,the 2009 Natural Areas,Parks and Trails Bond Measure would likely cost property owners 32 cents per$1,000 of assessed value. For the average homeowner;the total annual cost is likely to be $ 5.41 per month or$65 per year. Additionally,all spending from this measure would be subject to oversight by die Tigard Tarps and Recreation Board and audits within the City's yearly audit to ensure that all funds are spent efficiently and appropriately in a balanced manner. And bylaw,no money from the measure can be used for administrators'salaries. RESOLUTJ:ON NO.09-y Page,,2`L x