TS No OR01000021-12 APN R237557 TO No 7461532 TRUSTEE’S NOTICE OF SALE Reference is made to that certain Trust Deed made by, OSCAR CORTEZ RODRIGUEZ as Grantor to FIRST AMERICAN TITLE INSURANCE CO. OF OR as Trustee, in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS) AS NOMINEE FOR ACCREDITED HOME LENDERS, INC., A CALIFORNIA CORPORATION as BenefiCiary and recorded on September 30, 2005 as Instrument No. 2005-188464 of official records in the Office of the Recorder of Multnomah County, Oregon to-wit: APN: R237557 PARCEL 2 OF PARTITION PLAT NO. 1992-91, IN THE CITY OF FAIRVIEW, MULTNOMAH COUNTY, STATE OF OREGON. AS MORE FULLY DESCRIBED ON SAID DEED OF TRUST AND ALL RELATED LOAN DOCUMENTS Commonly known as: 20407 NORTHEAST THOMPSON, FAIRVIEW, OR 97024 Both the Beneficiary and the Trustee have elected to sell the said real property to satisfy the obligations secured by said Trust Deed and notice has been recorded pursuant to Section 86.735(3) of Oregon Revised Statutes. The default for which the foreclosure is made is the Grantor’s failure to pay: FAILURE TO PAY THE INSTALLMENTS OF PRINCIPAL AND INTEREST WHICH BECAME DUE ON 04/01/2009 AND ALL SUBSEQUENT INSTALLMENTS OF PRINCIPAL AND INTEREST, ALONG WITH LATE CHARGES, PLUS FORECLOSURE COSTS AND LEGAL FEES, IN ADDITION TO ALL OF THE TERMS AND CONDITIONS AS PER THE DEED OF TRUST, PROMISSORY NOTE AND ALL RELATED LOAN DOCUMENTS. Monthly Payment $416.13 Monthly Late Charge $20.81 By reason of said default, the Beneficiary has declared all sums owing on the obligation secured by said Deed of Trust immediately due and payable, said sums being the following to-wit: $42,302.23 together with interest thereon at the rate of 8.87500% per annum from September 29, 2005 until paid; plus all accrued late charges thereon; and all Trustee’s fees, foreclosure costs and any sums advanced by the Beneficiary pursuant to the terms of said Trust Deed. Wherefore, notice is hereby given that, the undersigned Trustee will on August 9, 2013 at the hour of 10:00 AM, Standard of Time, as established by Section 187.110, Oregon Revised Statues, at the East steps of the County Courthouse, 1021 Southwest 4th Ave., Portland, OR 97204 County of Multnomah, sell at public auction to the highest bidder for cash the interest in the said described real property which the Grantor had or had power to convey at the time of the execution by him of the said Trust Deed, together with any interest which the Grantor or his successors in interest acquired after the execution of said Trust Deed, to satisfy the foregoing obligations thereby secured and the costs and expenses of sale, including a reasonable charge by the Trustee. Notice is further given that any person named in Section 86.753 of Oregon Revised Statutes has the right to have the foreclosure proceeding dismissed and the Trust Deed reinstated by payment to the BenefiCiary of the entire amount then due (other than such portion of said principal as would not then be due had no default occurred), together with the costs. Trustee’s or attorney’s fees and curing any other default complained of in the Notice of Default by tendering the performance required under the obligation or Trust Deed, at any time prior to five days before the date last set for sale. In construing this notice, the masculine gender includes the feminine and the neuter, the singular includes plural, the word “Grantor” includes any successor in interest to the Grantor as well as any other person owing an obligation, the performance of which is secured by said Deed of Trust, and the words “Trustee” and “Beneficiary” include their respective successors in interest, if any. Dated: 4/5/2013 First American Title Insurance Company as Trustee By Cindy Engel Authorized Signatory First American Title Insurance Company c/o TRUSTEE CORPS 17100 GILLETTE AVENUE IRVINE, CA 92614 949-252-8300 SALE INFORMATION CAN BE OBTAINED ON LINE AT www.priorityposting.com FOR AUTOMATED SALES INFORMATION PLEASE CALL: Priority Posting and Publishing at 714-573-1965 THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. P1032429 4/16, 4/23, 4/30, 05/07/2013 CNI3388GO
NOTICE OF PUBLIC MEETING
MULTNOMAH COUNTY DRAINAGE DISTRICT #1
PENINSULA DRAINAGE DISTRICT #1
PENINSULA DRAINAGE DISTRICT #2
1880 NE ELROD DRIVE
PORTLAND OR 97211
You are hereby notified that the Board of Supervisors for Multnomah County Drainage District #1, Peninsula Drainage District #1, and Peninsula Drainage District #2 will be meeting on 4/25/13 at 11 a.m., at the District Office, 1880 NE Elrod Drive, Portland, OR 97211. Agenda items include: Levee Certification and Encroachment Update, and Intergovernmental Relations.
Public members wishing to participate should call the District Office at 503-281-5675 x 301.
Publish 04/11/2013. PT1182
UNITED STATES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION
Lucid Energy, Inc.
The City of Portland Water Bureau Project No. 14498-000
NOTICE OF APPLICATION ACCEPTED FOR FILING
AND SOLICITING COMMENTS, MOTIONS TO INTERVENE, PROTESTS, RECOMMENDATIONS, AND TERMS AND CONDITIONS
(March 26, 2013)
Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection.
a. Type of Application: Conduit Exemption
b. Project No.: 14498-000
c. Date filed: February 13, 2013
d. Applicant: Lucid Energy, Inc.
The City of Portland Water Bureau
e. Name of Project: Conduit 3 Hydroelectric Project
f. Location: The proposed Conduit 3 Hydroelectric Project would be located near the intersection of Powell Boulevard and S.E. 147th Avenue in Portland, Multnomah County, Oregon. The land on which all the project structures are located is owned by the co-applicant, the City of Portland Water Bureau.
g. Filed Pursuant to: Federal Power Act 16 USC 791a – 825r
h. Applicant Contact: Ms. Jan Lee, Water & Energy Resource Services P.O. Box 2517, Clackamas, OR 97105, Cell at (503) 545-9420, Fax at (503) 631-7299, and Email at H20KW@aol.com
i. FERC Contact: Jake Tung, (202) 502-8757, email@example.com
j. Status of Environmental Analysis: This application is ready for environmental analysis at this time, and the Commission is requesting comments, reply comments, recommendations, terms and conditions, and prescriptions.
k. Deadline for filing responsive documents: Due to the small size of the proposed project, as well as the resource agency consultation letters filed with the application, the 60-day timeframe specified in 18 CFR 4.34(b) for filing all comments, motions to intervene, protests, recommendations, terms and conditions, and prescriptions is shortened to 30 days from the issuance date of this notice. All reply comments filed in response to comments submitted by any resource agency, Indian tribe, or person, must be filed with the Commission within 45 days from the issuance date of this notice.
Comments, protests, and interventions may be filed electronically via the Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission’s web site at http://www.ferc.gov/docs-filing/efiling.asp. The Commission strongly encourages electronic filings.
The Commission’s Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency.
l. Description of the project: The proposed Conduit 3 Plant Hydroelectric Project would consist of: (1) four proposed customized pipe sections, each section containing a sealed, vertical turbine unit in the existing pipe; (2) four proposed power units with a total nameplate capacity of 170 kilowatts; (3) a proposed belowground, concrete vault to enclose the facility; and (4) appurtenant facilities. The applicant estimates the project would have an average annual generation of 1,200 megawatt-hours, which will be sold to PGE.
m. This filing is available for review and reproduction at the Commission in the Public Reference Room, Room 2A, 888 First Street NE, Washington, DC 20426. The filing may also be viewed on the web at http://www.ferc.gov/docs-filing/elibrary.asp using the “eLibrary” link. Enter the docket number, P-14498, in the docket number field to access the document. For assistance, call toll-free 1-866-208-3676 or e-mail FERCOnlineSupport@ferc.gov. For TTY, call (202) 502-8659. A copy is also available for review and reproduction at the address in item h above.
n. Development Application — Any qualified applicant desiring to file a competing application must submit to the Commission, on or before the specified deadline date for the particular application, a competing development application, or a notice of intent to file such an application. Submission of a timely notice of intent allows an interested person to file the competing development application no later than 120 days after the specified deadline date for the particular application. Applications for preliminary permits will not be accepted in response to this notice.
o. Protests or Motions to Intervene — Anyone may submit a protest or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, 385.211, and 385.214. In determining the appropriate action to take, the Commission will consider all protests filed, but only those who file a motion to intervene in accordance with the Commission’s Rules may become a party to the proceeding. Any protests or motions to intervene must be received on or before the specified deadline date for the particular application.
p. All filings must (1) bear in all capital letters the title “PROTEST,” “MOTION TO INTERVENE,” “COMMENTS,” “REPLY COMMENTS,” “RECOMMENDATIONS,” “TERMS AND CONDITIONS,” or “PRESCRIPTIONS;” (2) set forth in the heading, the name of the applicant and the project number of the application to which the filing responds; (3) furnish the name, address, and telephone number of the person protesting or intervening; and (4) otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, recommendations, terms and conditions or prescriptions must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may obtain copies of the application directly from the applicant. Any of these documents must be filed by providing the original and seven copies to: The Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426. An additional copy must be sent to Director, Division of Hydropower Administration and Compliance, Office of Energy Projects, Federal Energy Regulatory Commission, at the above address. A copy of any protest or motion to intervene must be served upon each representative of the applicant specified in the particular application. A copy of all other filings in reference to this application must be accompanied by proof of service on all persons listed in the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.
Kimberly D. Bose,
Publish 04/04/2013. VT8645
Cellco Partnership and its controlled affiliates doing business as Verizon Wireless (Verizon Wireless) propose to build a 40-foot temporary (COW/COLT) Communications Tower. Anticipated lighting application is medium intensity dual red/white strobes. The Site location is 1020 SW Naito Parkway, Portland, Multnomah County, Oregon 97204. The Federal Communications Commission (FCC) Antenna Structure Registration (ASR, Form 854) filing number is A0830089.
ENVIRONMENTAL EFFECTS – Interested persons may review the application (www.fcc.gov/asr/applications) by entering the filing number. Environmental concerns may be raised by filing a Request for Environmental Review (www.fcc.gov/asr/environmentalrequest) and online filings are strongly encouraged. The mailing address to file a paper copy is: FCC Requests for Environmental Review, Attn: Ramon Williams, 445 12th Street SW, Washington, DC 20554.
Publish 04/04/2013. PT1179
State of Wisconsin Circuit Court – Clark County Publication Summons – Case No. 13-CV-5 – The Honorable – Jon Marvin Counsell – Case Code 30404 (Foreclosure of Mortgage) – The amount claimed exceeds $10,000.00 – JPMorgan Chase Bank, National Association, 3415 Vision Dr., Columbus, OH 43219, Plaintiff vs. Christopher P. Kinkaid a/k/a Christopher Kinkaid, Marilyn S. Chalmers a/k/a Marilyn Chalmers, John Doe Chalmers and Jane Doe Kinkaid, 5147 SE 17th Ave., Portland, OR 97202-4807, Defendants – The State of Wisconsin – To each person named above as a defendant: You are hereby notified that the plaintiff named above has filed a lawsuit or other legal action against you. Within 40 days after 4/4/13 you must respond with a written demand for a copy of the complaint. The demand must be sent or delivered to the court, whose address is 517 Court St., Neillsville, WI 54456 and to Gray & Assoc., L.L.P., plaintiff’s attorney, whose address is 16345 W. Glendale Dr., New Berlin, WI 53151. You may have an attorney help or represent you. If you do not demand a copy of the complaint within 40 days, the court may grant judgment against you for the award of money or other legal action requested in the complaint, and you may lose your right to object to anything that is or may be incorrect in the complaint. A judgment may be enforced as provided by law. A judgment awarding money may become a lien against any real estate you own now or in the future, and may also be enforced by garnishment or seizure of property. Dated 3/29/13, William N. Foshag, State Bar No. 1020417, Gray & Assoc., L.L.P., Attys. for Plaintiff, 16345 W. Glendale Dr., New Berlin, WI 53151, (414) 224-8404, (414) 224-3485. Gray & Assoc., L.L.P. is attempting to collect a debt and any information obtained will be used for that purpose. If you have previously received a discharge in a chapter 7 bankruptcy case, this communication should not be construed as an attempt to hold you personally liable for the debt.
Publish 04/04, 04/11, 04/18/2013. PT1180
Notice is hereby given that Bank of the West, headquartered at 180 Montgomery Street, San Francisco, California, 94104, has filed with the Federal Deposit Insurance Corporation, an application to establish and operate a new branch office to be located at 810 SW Broadway, Portland, Oregon.
Any person wishing to comment on this application may file his or her comments in writing with the regional director (DSC) of the Federal Deposit Insurance Corporation at its regional office at 25 Jessie Street at Ecker Square, Suite 2300, San Francisco, California, 94105, within 15 days after the date of publication of this notice. The nonconfidential portions of the application file are on file in the regional office and are available for public inspection during regular business hours. Photocopies of nonconfidential portions of the application file will be made available upon request.
Published pursuant to Sections 303.7 and 303.44 of the rules and regulations of the Federal Deposit Insurance Corporation.
Bank of the West
By: Barbara Jeung
Assistant Vice President & Sr. Paralegal
Publish 03/21/2013. PT1173
TRUSTEE’S NOTICE OF SALE Loan No: 200066241 T.S. No.: 1003674OR Reference is made to that certain deed made by, LOC BUI A MARRIED MAN as Grantor to FIDELITY NATIONAL TITLE INSURANCE COMPANY, as trustee, in favor of GLOBAL EQUITY LENDING, INC. A GEORGIA CORPORATION, as Beneficiary, dated 4/22/2008, recorded 4/23/2008, in official records of Multnomah County, Oregon in book/reel/volume No. at page No. , fee/file/instrument/microfile/reception No. 2008-061796 (indicated which), covering the following described real property situated in said County and State, to wit: APN: R143044 The North one-half of Lots 1 and 2, Block 2, Crook’s Addition, in the City of Portland, County of Multnomah and State of Oregon Commonly known as: 7100 SE 72 Ave Portland OR 97206 Both the beneficiary and the trustee have elected to sell the said real property to satisfy the obligations secured by said Commercial trust deed and notice has been recorded pursuant to Section 86.735(3) of Oregon Revised Statutes: the default for which the foreclosure is made is the grantor’s: Installment of Principal and Interest plus impounds and/or advances which became due on 9/1/2012 plus late charges, and all subsequent installments of principal, interest, balloon payments, plus impounds and/or advances and late charges that become payable. Monthly Payment $1,505.80 Monthly Late Charge $$75.29 By this reason of said default the beneficiary has declared all obligations secured by said deed of trust immediately due and payable, said sums being the following, to-wit: The sum of $302,557.78 together with interest thereon at the rate of 3% per annum from 8/1/2012 until paid; plus all accrued late charges thereon; and all trustee’s fees, foreclosure costs and any sums advanced by the beneficiary pursuant to the terms of said deed of trust. Whereof, notice hereby is given that First American Title Company, the undersigned trustee will on 7/12/2013 at the hour of 10:00 AM, Standard of Time, as established by section 187.110, Oregon Revised Statutes, at At the east steps of the County Courthouse, 1021 Southwest 4th Ave., Portland, OR County of Multnomah, State of Oregon, sell at public auction to the highest bidder for cash the interest in the said described real property which the grantor had or had power to convey at the time of the execution by him of the said trust deed, together with any interest which the grantor or his successors in interest acquired after the execution of said trust deed, to satisfy the foregoing obligations thereby secured and the costs and expenses of sale, including a reasonable charge by the trustee. Notice is further given that any person named in Section 86.753 of Oregon Revised Statutes has the right to have the foreclosure proceeding dismissed and the Commercial trust deed reinstated by payment to the beneficiary of the entire amount then due (other than such portion of said principal as would not then be due had no default occurred), together with the costs, trustee’s and attorney’s fees and curing any other default complained of in the Notice of Default by tendering the performance required under the obligation or Commercial trust deed, at any time prior to five days before the date last set for sale. In construing this notice, the masculine gender includes the feminine and the neuter, the singular includes plural, the word “grantor” includes any successor in interest to the grantor as well as any other persons owing an obligation, the performance of which is secured by said Commercial trust deed, the words “trustee” and ‘beneficiary” include their respective successors in interest, if any. Dated: 3/5/2013 First American Title Company c/o Seaside Trustee, Inc. 3 First American Way Santa Ana, California 92707 Signature By: DENNIS CANLAS, AUTHORIZED SIGNER P1025290 3/15, 3/22, 3/29, 04/05/2013 CNI3387GO
TS# 12-21599 TRUSTEE’S NOTICE OF SALE Reference is made to that certain Deed of Trust (hereafter referred to as the Trust Deed) made by: Daniel J. Hotchkiss, as the Grantor, and Chicago Title Insurance Company of Oregon, as the Trustee, and Lehman Brothers Bank, FSB, as the Beneficiary, dated November 9, 2005, and recorded November 15, 2005, in the Mortgage Records of Multnomah County, Oregon as Document No. 2005-221799, covering the following described real property situated in said county and state, to-wit: That part of the South half of Block “W”, CITY OF PORTLAND, in the County of Multnomah and State of Oregon, described as follows:
Beginning at a point on the Northerly line of SW Columbia Street which is 102.0 feet Westerly from its intersection with the Westerly line of SW 14th Avenue; said point being the true place of beginning of the herein described tract; thence Northerly parallel with the Westerly line of SW 14th Avenue, a distance of 81.0 feet to the Southerly line of that tract conveyed to Joseph P. McLaughlin and Anna M. McLaughlin, husband and wife, by Deed recorded April 21, 1954 in Book 1655, Page 196, Deed Records; thence Westerly along the Southerly line of said McLaughlin Tract, being parallel with the Northerly line of said South one-half of Block “W”, a distance of 92.0 feet; thence Southerly parallel with the Westerly line of said SW 14th Avenue, 81.0 feet to the Northerly line of SW Columbia Street; thence Easterly along said Northerly line, 92.0 feet to the true point of beginning. The street address or other common designation, if any, for the real property described above is purported to be: 1423 SW Columbia Street, Portland, Oregon 97201. The Tax Assessor’s Account ID for the Real Property is purported to be: R246895. Both the beneficiary and the trustee, Sia Rezvani, have elected to foreclose the above referenced Trust Deed and sell the said real property to satisfy the obligations secured by the Trust Deed and a Notice of Default and Election to Sell has been recorded pursuant to ORS 86.735(3). All right, title, and interest in the said described property which the grantors had, or had power to convey, at the time of execution of the Trust Deed, together with any interest the grantors or their successors in interest acquired after execution of the Trust Deed shall be sold at public auction to the highest bidder for cash to satisfy the obligations secured by the Trust Deed and the expenses of sale, including the compensation of the trustee as provided by law, and the reasonable fees of trustee’s attorneys. The default(s) for which foreclosure is/are made is/are (1) the grantor’s failure to make regular payments to the beneficiary, such default beginning February 1st, 2012, and continuing through the date of this Notice, and (2) failure to carry, and/or provide evidence of, extended coverage hazard insurance, in violation of the Trust Deed, and (3) failure to pay county property taxes when due, and (4) any defaults or breaches occurring after the date of this document. The current balance of payments now due, together with late charges, attorney and trustee fees, costs, title expenses, and other allowed charges is approximately $41,073.57 together with any default in the payment of recurring obligations as they become due, periodic adjustments to the payment amount, any further sums advanced by the beneficiary to protect the property or its interest therein, additional costs and attorney fees as provided by law, and prepayment penalties/premiums, if any, together with defaulted amounts owed to senior lienholders. The amount required to cure the default in payments to date is calculated as follows: † If rate is variable, amount stated is an estimate From: February 1st, 2012; No. Payments: 11 ; Amount per: $2,365.00†>>> Total of past-due payments : $26,015.00† Late charges: $1,063.18 Escrow Items* (taxes/insurance), fees/costs/expenses per lender: $13,533.27 Other lender fees/cost-items (per lender) $511.12 Trustee’s/Attorney’s Fees and Costs: $1,951.00 LESS $2,000 funds held in suspense: -$2,000.00 Total necessary to cure default in payments to date: $41,073.57 + proof of insurance* + proof taxes* are current + proof senior liens are current or tender of sufficient funds to cure any/all senior defaults. *Note: Charges for taxes and insurance may or may not already be included in the “escrow items” category. Please note the amounts stated herein are subject to confirmation and review and are likely to change during the next 30 days. Please contact the successor trustee, Sia Rezvani, to obtain a “reinstatement” and/or “payoff” quote prior to remitting funds. By reason of said default the beneficiary has declared all sums owing on the obligation secured by the Trust Deed due and payable. The amount required to discharge this lien in its entirety to date is: $369,631.19 Said sale shall be held at the hour of 11:00 a.m. on April 16th, 2013 in accord with the standard of time established by ORS 187.110, and pursuant to ORS 86.745(7) shall occur at the following designated place: BETWEEN THE INNER AND OUTER DOORS OF THE MAIN ENTRANCE OF THE MULTNOMAH COUNTY COURTHOUSE, 1021 SW 4th AVE., PORTLAND, OREGON Other than as shown of record, neither the said beneficiary nor the said trustee have any actual notice of any person having or claiming to have any lien upon or interest in the real property hereinabove described subsequent to the interest of the trustee in the Trust Deed, or of any successor(s) in interest to the grantors or of any lessee or other person in possession of or occupying the property, except: N/A. Notice is further given that any person named in ORS 86.753 has the right, at any time prior to five days before the date last set for sale, to have this foreclosure proceeding dismissed and the Trust Deed reinstated by payment to the beneficiary of the entire amount then due (other than such portion of the principal as would not then be due had no default occurred) and by curing any other default complained of herein that is capable of being cured by tendering the performance required under the obligation(s) of the Trust Deed, and in addition to paying said sums or tendering the performance necessary to cure the default, by paying all costs and expenses actually incurred in enforcing the obligation and Trust Deed, together with trustee’s and attorney’s fees not exceeding the amounts provided by ORS 86.753. The mailing address of the trustee is Sia Rezvani, Warren Allen LLP, 850 NE 122nd Ave., Portland, Oregon 97230; the telephone number of the trustee is 503-255-8795. In construing this notice, the masculine gender includes the feminine and the neuter, the singular includes the plural, the word “grantor” and/or “grantors” includes any successor in interest to the grantor as well as any other person owing an obligation the performance of which is secured by the Trust Deed, and the words “trustee” and “beneficiary” include their respective successors in interest, if any. Dated December 10th, 2012. By: /s/ Sia Rezvani, Successor Trustee P1020580 2/22, 3/1, 3/8, 03/15/2013 CNI3386GO
NOTICE OF PUBLIC MEETING
PENINSULA DRAINAGE DISTRICT #2
1880 NE ELROD DRIVE
PORTLAND OR 97211
You are hereby notified that the Board of Supervisors for Peninsula Drainage District #2 will meet on Thursday February 21, 2013, at Noon, in the Conference Room at the District Office, located at 1880 NE Elrod Dr. Portland, OR 97211. Agenda items include: Approval of Minutes & Staff Updates.
Public members wishing to participate should call the District Office at 503-281-5675 x 300.
Publish 02/07/2013. PT1167
IN THE OREGON TAX COURT—REGULAR DIVISION
Case No. 5151
IN THE MATTER OF: The Petition of the David Douglas School Board, a governing body, for a Judicial Examination and Judgment as to the Regularity and Legality of David Douglas School Board’s Decision to Use Bond Proceeds to Construct a New Swimming Pool Facility at David Douglas High School.
To Defendants: all electors, taxpayers and other interest persons in the jurisdiction of the David Douglas School District.
YOU ARE REQUIRED TO APPEAR AND DEFEND the complaint filed against you by plaintiff, a true copy of which is being served on you with this summons, within 31 days from the date of first publication of this summons.
NOTICE TO DEFENDANT:
READ THESE PAPERS CAREFULLY!
You must “appear” in this case or the other side will win automatically. To “appear,” you must file with the court a legal document called a “motion” or an “answer.” The “motion” or “answer” must be given to the court clerk or administrator within 31 days of the date of first publication specified herein, along with the required filing fee. It must be in proper form and have proof of service on the plaintiff’s attorney or, if the plaintiff does not have an attorney, proof of service on the plaintiff.
If you have questions, you should see an attorney immediately. If you need help in finding an attorney, contact the Oregon State Bar’s Lawyer Referral Service online at www.oregonstatebar.org or by calling (503) 684 3763 (in the Portland Metropolitan area) or toll free elsewhere in Oregon at (800) 452 7636.
SUMMARY STATEMENT OF OBJECT OF COMPLAINT AND DEMAND FOR RELIEF
The Board of Directors of David Douglas School District No. 40 (the “Board”) brought this action seeking judicial validation of the Board’s attempt to save district voters nearly $2 million. In May 2012, voters approved a ballot measure authorizing the Board to issue general obligation bonds to repair and renovate David Douglas School District facilities, including the pool facility located at David Douglas High School. New information and analysis received after the election showed that constructing a new pool facility instead of repairing and expanding the current pool facility would save significant expense — approximately $2 million in bond funds. Because the ballot title for the bond measure stated that proceeds would be used for repairs and facility renovations, the Board seeks a judicial declaration under ORS 305.589 that using bond proceeds to construct a new pool facility at David Douglas High School is within the Board’s authority to use the proceeds for facility renovations.
The Board prays for judgment as follows:
1. Declaring that construction of a new pool facility at the David Douglas High School is within the Board’s authority to use bond proceeds for facility renovation.
2. For such further or additional relief as may be just and equitable.
DATED this 31st day of January, 2012
/s/ Jeffrey G. Condit
Jeffrey G. Condit, OSB No. 822238
Elisa J. Dozono, OSB No. 063150
Alexander M. Naito, OSB 124046
Telephone: (503)224-0155; Fax: (503) 224-0155
Attorneys for Plaintiff
The Board of Directors of David Douglas School District No. 40
Address at which papers in this action may be served by mail on plaintiff’s attorney:
Jeffrey G. Condit
Miller Nash LLP, 3400 U.S. Bankcorp Tower, 111 S.W. 5th Avenue, Portland, Oregon 97204-3699
Publish 01/31, 02/07, 02/14/2013. PT1164