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City Council Packet - 05/11/2021 " City of Tigard Tigard Business Meeting—Agenda TIGARD 43 TIGARD CITY COUNCIL& LOCAL CONTRACT REVIEW BOARD Agenda Item 4 Attachments Revised on 5/6/21. Executive Session called under ORS 192.660(2)(h) for litigation likely to be filed added on 5/10/21. MEETING DATE AND TIME: May 11,2021 -6:30 p.m. Executive Session;7:00 p.m. Business Meeting MEETING LOCATION: Remote participation only. See PUBLIC NOTICE below. PUBLIC NOTICE: In accordance with the City of Tigard's Emergency Declaration related to COVID-19 and Oregon House Bill 4212,this will be a virtual meeting where Council and staff will participate remotely. There will be no in-person public testimony during this meeting. How to comment: 'Written public comment may be submitted electronically at www.tigard-or.gov/Comments.All comments must be submitted before 4:30 p.m. the day of the meeting. •If you prefer to call in,please call 503-966-4101 when instructed to be placed in the queue.We ask that you plan on limiting your testimony to three minutes SEE ATTACHED AGENDA VIEW LIVESTREAM ONLINE: http://www.tigard-or.gov/city hall/council meeting.php CABLE VIEWERS:The first City Council meeting of the month may be shown live on Channel 28 at 6:30 p.m.The meeting will be rebroadcast at the following times on Channel 28: Thursday 6:00 p.m. Sunday 11:00 a.m. Friday 10:00 p.m. Monday 6:00 a.m. City of Tigard C Tigard Business Meeting—Agenda TIGARD TIGARD CITY COUNCIL & LOCAL CONTRACT REVIEW BOARD Agenda Item 4 Attachments Revised on 5/6/21. Executive Session called under ORS 192.660(2)(h) for litigation likely to be filed added on 5/10/21. MEETING DATE AND TIME: May 11,2021 - 6:30 p.m. Executive Session;7:00 p.m. Business Meeting MEETING LOCATION: Remote participation only. 6:30 PM EXECUTIVE SESSION •The Tigard City Council will go into Executive Session to discuss real property negotiations,under ORS 192.660(2) (e),and(h) pending litigation or litigation likely to be filed.All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions,as provided by ORS 192.660(4),but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:00 PM 1. BUSINESS MEETING A. Call to Order B. Roll Call C. Pledge of Allegiance D. Call to Council and Staff for Non-Agenda Items 2. PUBLIC COMMENT A. Public Comment—Written B. Public Comment—Phone-In C. Follow-up to Previous Public Comment D. Tigard High School Student Envoy E. Tigard Area Chamber of Commerce G. Council Liaison Reports 3. CONSENT AGENDA: (Tigard City Council&Local Contract Review Board) The Consent Agenda is used for routine items including minutes and approval of contracts or intergovernmental agreements. Information on each item is available on the city's website in the packet for this meeting. These items may be enacted in one motion without separate discussion. Council members may request that an item be removed by motion for discussion and separate action. A. PROCLAIM MAY 16-22, 2021 AS PUBLIC WORKS WEEK B. CONSIDER RESOLUTION GRANTING EXEMPTION FROM PROPERTY TAXES UNDER TIGARD MUNICIPAL CODE 3.50 FOR NON-PROFIT,LOW-INCOME HOUSING C. CONSIDER RENEWAL OF WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICES (WCCLS) INTERGOVERNMENTAL AGREEMENTS D. CONSIDER CONTRACT AWARD FOR 2021 PAVEMENT MANAGEMENT PROGRAM PREVENTIVE MAINTENANCE •Consent A2enda-Items Removed for Separate Discussion:Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 4. PUBLIC HEARING: CONSIDER RESOLUTION AMENDING THE MASTER FEES AND CHARGES SCHEDULE RELATED TO WATER RATES 7:15 p.m. estimated time 5. QUASI-JUDICIAL PUBLIC HEARING: CONSIDER APPROVAL OF FROUDE ANNEXATION (ZCA2021-00002) 7:45 p.m. estimated time 6. NON-AGENDA ITEMS 7. ADMINISTRATIVE REPORT 8. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(4), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 9. ADJOURNMENT 8:00 p.m. estimated time 1,1 . TIGARD Meeting of the Tigard City Council May 11, 2021 No Written Public Testimony was received by the 4:30 p.m. deadline. SUPPLEMENTAL PACKET FOR 3- // • .24a. City Council Update May 11,2021 (DATE OF MEETING) Chamber Update ,4 yd`►_ Hem a ,E- Leadership Tigard Today the Leadership Tigard class met socially distanced and masked at Broadway Rose Theatre to learn about communication and media.The class heard organizations like KOIN TV, KINK Radio, Pamplin Media, Bliss Studio and Tweed Strategies.Thank you to Chief Kathy McAlpine with the Tigard Police Department for talking to the class about communicating during crisis. Education.Advocacy, &Building a Strong Local Economy Government Affairs&Public Policy Meeting—Thursday, May 20 at 1:30 p.m.. Candidate Endorsement Committee has selected Octavio Gonzalez for Seat 3 and Marvin Lynn for Seat 5 to endorse for the Tigard Tualatin School Board. City Center Urban Renewal Plan Amendment Panel Discission—Available for viewing on the Tigard Chamber Facebook and YouTube channel.The Tigard Chamber.of Commerce is taking a "Yes" position on Measure#34-305. Webinar Wednesday—Wednesday, May 26—Website 101 with Bridgetown Marketing. SAVE THE DATE:Tigard Restaurant Month—June 2021—Pick up or download a Tigard restaurant passport starting June 1. Learn more at www.TigardChamber.ork. Workforce Develop ment Woman in STEM—Partnered with the Tigard Tualatin School District to have women that work in STEM present to students about their careers. Job Fair with Tigard Tualatin School District—May 26—Connect students with companies that have jobs open for 16-to 18-year-olds. Networking/Visibility Good Morning Tigard(GMT),Thursday A.M. Networking 7:45 a.m.—Weekly 5/13—SQ Merchant Services,5/20—New Narrative,5/27—West Hills Village Senior Residence Details at htto://business.tieardchamber.org./ev • Tigard Farmers Market Update The Tigard Farmers Market is officially open for the 29th season in Downtown Tigard on Tigard Street and in Rotary Plaza. We have four farms joining us this season starting over the next couple of weeks. We are looking for vendors that sell dog treats, bread,dairy and sauces. TDA Downtown Updates Art Walk 2021 is being planned for early June of 2021.This year's programing will be a mixture of safe in-person and online components. Find us on Facebook at Kploredowntowntiaard and at www.exploredowntowntiaard.com. Follow us on Twitter @Tigarddowntown and on Instagram at downtowntigard TII Leadershi Ti ard. (\\�7�p�1� .. ••R eoil8my L.nd.p.Tig Commonly iL SUPPLEMEN'T'AL PACKET FOR 3-" f/` ° ( (DATE OF MEETING) ;`i-i " Tigard PD Strategic Dashboard .9 ,. rpLICI For April 2021 a ,,,:7:,, %� u :- 2020 Population Estimate 55,514 (Adopted Budget FY 2020-21) Small numbers cause large percentage increases and decreases, Crime SnapshoMMEMIIM Selected Group A Offenses Apr-20 Apr-21 %Chg 2020 YTD 2021 YTD %Chg Person Crime 24 45• 87.50% 130 161• 23.85% Assault 20 37• 85.00% 105 125 0 19.05% Robbery 1 2• 100.00% 6 10 0 66.67% Property Crime 148 158 0 6.76% 660 636 0 -3.64% Burglary-Residential 4 4 0 0.00% 22 15 0 -31.82% Burglary-Business 11 1 0 -90.91% 32 13• -59.38% Burglary-Other 7 5 0 -28.57% 12 21 0 75.00% UUMV 13 16 0 23.08% 29 46• 58.62% Theft 62 80 0 29.03% 332 321 0 -3.31% Vandalism 28 24 -14.29% 130 95 -26.92% Societal Crimes 37 59 59.46% 212 195 0 -8.02% DUII 2 14 0 600.00% 27 36 0 33.33% Drug Offense 2 1 0 -50.00% 35 9 0 -74.29% Disorderly Conduct 3 8 9 166.67% 24 16 0 -33.33% Arrests(*CTA in Total) 54 97• 79.63% 3421 36615 7.02% • Felony 3 11 0 266.67% 56 36 0 -35.71% MISD 10 15 0 50.00% 103 46 0 -55.34% 1 Warrants 12 32 0 166.67% 114 139 0 21.93% Calls for Service Apr-20 Apr-21 %Chg 2020 YTD 1 2021 YTD 1 %Chg I Dispatched Calls 1599 1774 0 10.94% 6353 6730 0 5.93% Self Initiated Calls 1272 1490 0 17.14% 5586 5037 0 -9.83% Online Crime Reports n/a 43 n/a n/a 152 n/a Response Time Apr-20 Apr-21 1 %Chg 2020 YTD 1 2021 YTD 1 %Chg Priority 1 &2 5.78 5.78 0 0.00% 6.1 5.78 0 -5.25% Priority 3 8.5 9.54 0 12.24% 9.37 9.27 0 -1.07% Priority 4+ 11.65 8.88 0 -23.78% 10.48 9.67 0 -7.73% EOM Photo rntorceme Red Light- Began Issuing 03/11/20 Month of: April 2021 YTD 2020 2021 Yr to Yr Received Issued Rejected Issued Issued %Chg 99W/SW Hall Blvd 317 294 23 86 798 828% 99W/SW 72nd Ave 128 97 24 8 331 4038% 99W/SW Durham Rd 11 5 6 7 52 643% Intersection Speed - Began Issuing 7/14/20 Month of: April 2021 YTD 2020 2021 I Yr to Yr Received Issued Rejected Issued Issued %Chg 99W/SW Hall Blvd 195 1781 17 n/a 5251 N/A 99W/SW 72nd Ave 1283 1158 125 n/a 43191 N/A *Person Crime-Assault(verbal harassment,menacing,simple and felony assault),Homicide,Robbery,Kidnap,Forcible/Non-Forcible Sex Offense *Property Crimes-Arson,Bribery,Res Burglary,Bus Burglary,Oth Burglary,Forgery,Vandalism,Embezzle,Fraud,Theft,UUMV,Bad Check *Societal Crimes-Drug Offense,Prostitution,Weapons,Curfew,DisCon,DUII,Family Offense,Liqour Laws,Peeping Tom,Trespass *The data is National Incident Based Reporting System(NIBRS)compliant and not Uniform Crime Report(UCR)compliant and cannot be compared to any report using that standard.For more info on NIBRS:https://www.fbi.gov/services/cjis/ucr/nibrs 1 *l,�1'FRs1,I Tigard PD Strategic Dashboard ��' poi.Icr - r'` For April 2021 *f\\ '";;,k' t, 2020 Population Estimate 55,514 (Adopted Budget FY 2020-21) MEMEmployee Snapshot 1 Department Staffing Information Actual Budget %Budget Sworn 70.0 76.0 92% Non-Sworn 16.0 18.0 89% Total Number of Personnel 86.0 94.0 91% Patrol Staffing Authorized 41 SROs returned to schools #of Shifts Conducted at Minimums I 8 Days 2-% 10 Swings Graves Overall%33% 9 30% 30% Personnel Unavailable for Work Patrol All Other Overall #of Recruits in Pre-Academy - - - #of Recruits in Academy 3 - 3 #of Recruits in Recruit Training 4 - 4 #of Personnel on Extended Sick Leave/ FMLA 1 - 1 #of Personnel on Military Leave 1 - 1 #of Personnel on Modified Duty* 4 2 6 #of Personnel on Administrative Leave - - - Total Personnel Unavailable to Work during some Period during the Month 0 Total Officers Available to work PATROL some period during the Month 28 *Modified Duty=anymodifted work schedule to accommodate light duty,workers comp,Covid related EOC-S or EOC-F. Operational Effectiveness Snapshot I Budget Information is based on the best available data. FY 2019-2020 Budget FY 2020-21 Budget Percent YTD Status Percent YTD Status Department Budget Actual Budgeted Actual Budgeted Administrative 79% 83% • -5% 83% 83% • -1%' Operations 73% 83% • -11% 73% 83% • -10% Services 81% 83% • -2% 74% 83% • -9% Total Department Budget 76% 83% • -8% 74% 83% 0 -9% Budget Information is based on the best available data. FY 2019-2020 FY 2020-21 Percent YTD Budget Percent YTD Budget Status Status Department Overtime Actual Budgeted Actual Budgeted Administrative 56% 83% • -27% 35% 83% • -48% Operations 52% 83% • -32% 42% 83% • -41% Services 56% 83% • -27% 45% 83% • -38% Total Overtime 54% 83% • -30% 43% 83% 9 -41% 2 �""z Tigardand PD Strategic Dashboard iicL, • �, ^" For April 2021 �.', ' a �� 2020 Population Estimate 55,514 (Adopted Budget FY 2020-21) -tc\y :. l;:._ : �, Levy Status Update `4 Levy To Date (LTD)is July 1,2020 to date Apr-21 Apr-21 LTD LTD Training Officers Hours Officers* Hours Advanced Crisis Intervention and De-escalation Training 2 46 4 82 Crisis Intervention 0 0 73 58 De-escalation Training 0 0 93 181.5 LTD(Levy To Date)Off:er tota.'t may dup.icate after court as traiaisg bappens maliple hires ayear Totals 2 46 168 321.5 ' 1171 Levy Staffmg Information-LEVY to date progress Hires Budget %Budget Sworn-Patrol(priority hire) 7.0 8.0 88% Sworn-SRO (targeted 2021-22 school year) 0.0 1.0 0% Non-Sworn 0_0 2_0 0% Total Number of Personnel 7.0 11.0 64% Levy Hiring Process-Month of March Patrol All Other Overall Patrol All Other Overall Apr-21 Apr-21 Apr-21 Levy to Date Levy to Dat Levy to Date Interviews 9 0 9.00 1231 421 165.00 ORP AT(physical fitness test) 0 0 - 211 01 21.00 Background investigations completed 1 0 1.00 I 481 OI 48.00 Conditional Offers of employment 0 0 - I 181 OI 18.00 Hires 0 0 - I 121 01 12.00 IEmergency Response Times - 6 Year Trend PRIORITY 1 AND 2 Priority 1 calls= Imminent threat to life 6.82 6.22 / 6.32 5.98 \ 5.78— 5.78 Priority 2 calls=Immediate threat to life,occuring now 2016 2017 2018 2019 2020 2021 District integrity (5 police districts) #of Shifts conducted with 5 or more Days Swings Graves Overall% patrol officers 13 43% 20 67% 17 57% 56% Community Snapshot Community Outreach and Events Media Upcoming Events *Unite Oregon leadership training(4/10) Media inquiry topics: Press releases:(0) Unite Oregon leadership training- *CoT Community Roundtable(4/20) Buzzfeed-date of directive banning facial recognition Chief presentation(5/8) *PSAB meetings(4/12&4/26)) ' KPTV-disturbance with a weapon call "St Anthony's march-church to PD-in *National Crime Victims'Rights Week virtual "KATU-area closed near THS re:stabbing suspect arrest rememberance of George Floyd. Cmdr community round table(4/22) All TV,OPB,Oregonian,Times-Tort Claim/resignation presentation at PD(5/26) ' Prescription Drug Take Back event(4/24) *Times-SRO program/houseless outreach 'Let's Talk Transportation event(virtual)- '' CPO4B&4K(4/26) Notes:Tigard PD mentioned in WCSO press release re:stabbing photo enforcement info(5/26) " CPO4M(4/28) arrest;KATU covered Drug Take-Back event(FE Li;e?!deo) 3 *� '"''1 '* Tigard PD Strategic Dashboard ,-DLIC �1 , ,'1,-.,/`,`, l\ For Aril 2021 11 p "r; Y' 2020 Population Estimate 55,514 (Adopted Budget FY 2020-21) ‘Nci- *as �� - I APRIL DISPATCHED APRIL SELF INITIATED 1855""--... 855\ ../ 18145—1831` /1774 1584 1616 1562 1473/ 1624 1599 \1372/ � \ /1490 1328 1272 2015 2016 2017 2018 2019 2020 2021 2015 2016 2017 2018 2019 2020 2021 Tracking Code Cases 2017 2018 2019 2020 2021 Overdose 4 8 7 7 7 Mental Health hold (POH) 39 77 53 36 35 Suicide 3 4 6 2 5 Attempted Suicide 20 27 15 18 9 cases of allegations DHS Referral 167 184 196 139 166 of abuse to an Domestic Violence (DV) 34 48 43 46 53 elderly or mentally DV No Crime 40 47 48 32 33 challenged victim end up in the Organized Retail Crime (ORC) Theft 11 20 26 10 14 caseload of Graffiti 18 62 16 44 22 Detectives and :o' BHI - Transient • Total Dispatched Calls: I 1774 Total Societal Calls: I 1168 of monthly workload I 66% #of Calls-BHI** I 200 #of Calls Transient I 144 #of Calls Dispatched 247 #of Calls Self Initiated 41 Total Time Spent I 119:08:101(hr:min:sec) Total BHI/Transient calls 288 *Note 1:Behavioral Health Incidents(BHI)and Transient calls are a subset of the category"Societal"calls. The statistics above are based on officer inputs. **Note 2:An incident may be both BHI and Transient related. These figures are not additive. 4 AIS-4624 3. A. Business Meeting Meeting Date: 05/11/2021 Length (in minutes): Consent Item Agenda Title: Proclaim Public Works Week Prepared For: Joanne Bengtson, City Management Submitted By: Joanne Bengtson, City Management Item Type: Update, Discussion, Direct Staff Meeting Type: Proclamation Public Hearing: No Publication Date: Information ISSUE Mayor Snider may consider proclaiming National Public Works Week in Tigard May 16-22, 2021. STAFF RECOMMENDATION / ACTION REQUEST Yes, issue the proclamation to mark the 61st celebration of this national event. KEY FACTS AND INFORMATION SUMMARY National Public Works Weeks celebrates the contributions made in the planning, building and management of the services that make a city livable and attractive. In Tigard, these include our Parks, Trails and Recreation, Streets, Water, Sewer, Facility maintenance and more. The professionals in Tigard Public Works are dedicated to delivering excellent and reliable essential services to residents and visitors every day. OTHER ALTERNATIVES COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION The last request for this proclamation was 2015, when it was issued by Mayor Cook. Attachments Public Works Week I ' ....y.�".y". , y 1 A" r • " t1;v iii , _ is �� / x:21 .� j. ll 'j pity of TigardE i �,;= •:-..a.,, �j NATIONAL PUBLIC WORKS WEEK • '- `:`,:, i v-:: i - ;. .i May 16 — 22, 2021 c= p_ WHEREAS, the City of Tigard's Public Works professionals focus on infrastructure, E ,, :• facilities and services that are of vital importance to sustainable and resilient '' • ` communities and to the public health, quality of life and well-being of the people of ; .:a i Tigard; and, _ 'i` WHEREAS, these valuable services could not be provided without the dedicated ,: .%.....rl,• -. • efforts of public works professionals who are engineers, managers and employees at ,- .;;`+ ' all levels of government and the private sector, who are responsible for rebuilding, T _ -T. °;. : :>a•'i - improving and protecting our nation's transportation, water supply, water treatment and ''sr = . _;: solid waste systems, public buildings, and other structures and facilities essential for ;. - - our community; and, - ••i 1 y F r`ati,f ,,„... iir ' n ; WHEREAS, Tigard Public Works mission impacts every person on a daily basis � �: "°` through their service to tannin building, managing and operating the city's Parks, g planning, g, 9 9 p 9 Y F: ,..7,.° Trails, Water supply, Streets, Sewer, Emergency Management, Sustainability and F,,..k.,4. Public Facility maintenance. They keep the heart of our community operational; and, ; = YS ---:`, WHEREAS, the year 2021 marks the 61St Annual National Public Works Week '-•_,• '.: ' , sponsored by the American Public Works Association; and, ' ' ' ` " WHEREAS, "Stronger Together," the theme for 2021 National Public Works Week, °:fil,_4:• : :1-; 4 lm, challenges communities to think about the role public works plays in creating a great F place to live; and, , WHEREAS, by working together, the impact community members and public works 'f:.:.1.:-.:,44.,:;'` 0 professionals have on their community is magnified and results in the ability to • accomplish goals once thought unattainable. = ; .`: 1 NOW THEREFORE BE IT RESOLVED that I, Jason B. Snider, Mayor of the City of V: 1 Tigard, Oregon, do herebyproclaim May16 — 22 2021 as - ,"Y� . —:11 '' I 9 g : C .. P NATIONAL PUBLIC WORKS WEEK ; v– •r.-. „, r•-•, in Tigard, Oregon and urge members of our community to recognize the substantial 7 4., 'I.< v' - health, safety, and quality of life contributions made every day by the city's Public ; : Works professionals, engineers, managers and employees. t h�� _''-:' - P 9� 9 ��Y .��.w i�J4 `hj;r. Dated this day of May, 2021. = ' ` ir IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the -• -' City of Tigard to be affixed. _ 't°°':: Jason B. Snider, Mayor City of Tigard -• ,,A' Attest: 4''....-= Sr' City Recorder r ' -{"• :/_ .r.�r.nr.r.rr.rvr a....r...r,.,r.rrr - �..... -..........._.....��M �._..r.......�.. • .�..�.r,..r,.rc('-' ..wy '. .!'N 1 -.(,y''{: "y,:Yf 4i'.' x•t-]" +�+:h .I�:' IV..-.✓ ''4',17:'..41':.-Yy: � t•E _ -: nay;: - Y]i�',.r .� 4' 3C�•./. i � •�` :'..:- �........ ..r,i��.... �i� . . .... . , d•;', �. ire>+: _ :-.-_ -__.-......... AIS-4640 3. B. Business Meeting Meeting Date: 05/11/2021 Length (in minutes): Consent Item Agenda Title: Consider a Resolution Granting Exemption from Property Taxes Under TMC 3.50 For Non-Profit Low-Income Housing Prepared For: Liz Lutz Submitted By: Liz Lutz, Finance and Information Services Item Type: Resolution Meeting Type: Consent Agenda Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE Consider exempting seven low-income housing projects owned and operated by Reach Community Development Corporation (Reach) from the City of Tigard's property taxation for 2021 which is allowable under Tigard Municipal Code 3.50. STAFF RECOMMENDATION / ACTION REQUEST Tigard team recommends approval of this resolution. KEY FACTS AND INFORMATION SUMMARY Tigard Municipal Code 3.50 allows certain organizations providing low-income housing to be exempted from Tigard property taxation upon completion of their application by March 1 of each year, or proof that they purchased the property after March 1 and before July 1, the claim for that year must be filed within 30 days after the date of acquisition and a demonstration of compliance with certain criteria listed in the code. Reach owns and operates the following properties: 11750 SW 69th Ave., 11800 SW 69th Ave., 6835 SW Clinton St., 11955 SW 68th Ave., 11950 SW 69th Ave., 11900 SW 69th Ave., and 6860 SW Clinton St. These properties are operated as low-income projects and meet all criteria listed in the Tigard Municipal Code. Reach submitted their application for exemption from 2021 property taxes within the 30 day date of purchase deadline. These applications were reviewed by Planning in the city's Community Development Department and they determined that the requested tax exemptions are consistent with the applicable Tigard Municipal Code and also the adopted City Housing Policy. OTHER ALTERNATIVES Do not approve this resolution. COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS N/A DATES OF PREVIOUS CONSIDERATION City Council approved properties owned by CPAH and Resident Resources on March 23, 2021. Attachments Resolution Reach Application CD Report-Reach Fiscal Impact Graph CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 21- A RESOLUTION GRANTING AN EXEMPTION FROM PROPERTY TAXES UNDER TIGARD MUNICIPAL CODE SECTION 3.50 FOR SEVEN NON-PROFIT LOW-INCOME HOUSING PROPERTIES OWNED BY REACH COMMUNITY DEVELOPMENT CORPORATION. WHEREAS,Tigard Municipal Code (TMC) section 3.50PP Pes idrovprocedures for application and consideration on non-profit corporation low-income housing project exemptions from property taxes;and WHEREAS, the TMC requires application for exemption be filed with the city by March 1; or proof that they purchased the property(s) after March 1 but before July 1, the claim for that year must be filed within 30 days after the date of acquisition. WHEREAS,Reach Community Development Corporation is a qualified non-profit organization,filed a request dated April 7,2021 for exemption from property taxes for seven properties purchased March 31,2021,and meets all the applicable criteria for exemption in TMC 3.50,and WHEREAS,upon review of the application it was found granting the exemptions would be consistent with the applicable Tigard Municipal Code and also with the adopted city housing policies. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The applicants,Reach Community Development Corporation, qualified for the exemption set forth in Tigard Municipal Code Section 3.50. SECTION 2: The Finance and Information Services Director is directed to certify to the Assessor of Washington County that the seven properties that received exemption in the prior year are: a. 11750 SW 69th Ave.,Tigard b. 11800 SW 69th Ave.,Tigard c. 6835 SW Clinton St.,Tigard d. 11955 SW 68th Ave.,Tigard e. 11950 SW 69th Ave.,Tigard f. 11900 SW 69th Ave.,Tigard g. 6860 SW Clinton St.,Tigard SECTION 4: This resolution is effective immediately upon passage. PASSED: This day of 2021. Mayor- City of Tigard ATTEST: City Recorder- City of Tigard RESOLUTION NO. 21- Page 1 , :: REACH A healthy community begins at home Community Development Property Tax Abatement Application City of Tigard 13125 SW Hall Blvd. Tigard OR, 97223 April 7, 2021 Property: Dartmouth Crossing Addresses: 11750 SW 69TH AVE, 11800 SW 69th Ave, 6835 SW Clinton St, 11955 SW 68th Ace, 11950 SW 69th Ave, 11900 SW 69th Ave and 6860 SW Clinton St. Tigard OR, 97223. Tax Lots: 2900, 3001 and 3100 of Block 9. 6100, 6200, 6300, 6600, and 6700 of Block 12. Real Property Account#s: R286112, R286130, R286149 of Block 9 R286443, R286452, R286461, R286498 of Block 12 Project Description: As of March 31, 2021, this collection of lots has been acquired by REACH Community Development Inc. a 501(c)3 non-profit housing company for the development of income restricted housing. Covenants within the deeds of trust from acquisition lenders require the construction of income restricted housing. Block 9 (North block)will be developed as Dartmouth Crossing Phase 1. Block 12 (South block)will be developed as Dartmouth Crossing Phase 2. Phase 1: The development design of the North block anticipates a multi-family residential building with 85 units and associated resident and management spaces. The development will be fully restricted to households earning 60% of the median family income (MFI) or less. REACH has applied for funding through OHCS's LIFT program as of March 2021. Phase 2: REACH has completed early schematic design anticipating a mixed use development providing upwards of 200 income restricted residential units and around 25,000 sf or commercial space. The development of the commercial space will be done in partnership with local stakeholders and non-profits to provide community amenities such as an early childhood development center or daycare, a community center, offices for Nie ghborW rks CHARTERED MEMBER 4150 SW Moody Ave. • Portland, OR 97239 • 503.231.0682 • Fax: 503.236.3429 • www.reachcdc.org A healthy community begins at home .• REA.cH , .• Community Development non-profits and a public market hall for job development and incubation of small businesses in food and wares. Charitable Purpose: REACH's mission is to create quality, affordable housing and opportunities for individuals, families and communities to thrive. The development of these lots will result in much needed affordable housing supported by REACH's team of resident services staff that provide. REACH will leverage additional services and resources by addressing its five social determinants of health: Neighborhood&Build Environment, Social & Community, Education& Development, Health& Healthcare, Economic Stability. To help residents build a thriving future for themselves and their families,we will provide asset-building services that include financial education, credit building through rent reporting, homeownership counseling, and matched savings accounts via Individual Development Accounts (IDAs). REACH's resident services team will leverage local partnerships to expand services for the specific communities identified through community engagement activities already underway. Commercial development will be informed by our Project Advisory Committee (PAC) made up of local stakeholders and non-profit service providers. REACH will leverage its financial capacity, federal and local economic development resources including New Market Tax Credits (NMTCs) to develop commercial space affordable to underserved communities. Certification of Resident Income Levels: Resident income levels are verified upon application for tenancy and are recertified each year. REACH will have covenants with the state and with Washington County to lease residential units exclusively to low income residents, those earning less than 60% MFI, for a period of at least 40 years. Dartmouth Phase 1 will be financed with LIHTCs and all households will have income at or below 60% of the area median income Compliance with these covenants is monitored by the State of Oregon Department of Housing and Community Services and by the Washington County Office of Community Development. We certify that all apartments in this project will be targeted to and remain affordable to households earning at or below 60% of the Area Median Income(AMI) Dartmouth Phase 2 will also be financed with LIHTCs with the goal to provide 100% of the units will be leased to households with income at or below 60% of the AMI. REACH will also explore ways to offer units up to 80% AMI, but it would be dependent on the funding sources. We would like to have the city recognize this consideration. ie ghborW rks CHARTERED MEMBER 4150 SW Moody Ave. • Portland, OR 97239 • 503.231.0682 • Fax: 503.236.3429 • www.reachcdc.org A healthy community begins at home .• REA.cH , .• Community Development How Tax Exemption Will Benefit Residents: 100% of the property tax exemption is a direct subsidy for the development and operation of the projects. Every dollar reduction in operating costs is used to finance the project, expand resident services. Some costs, such as the cost of operating our resident services programs are not fully funded by building operations and must be funded from outside sources through fund raising and REACH revenues. Without property tax abatement operating revenue that would otherwise be available to support the resident services programming would be eliminated and continuous services would be dependent on fundraising efforts and other budget constraints. Resident services are crucial to facilitating a stable and healthy community within our projects. These services mean REACH can be a better neighbor, increase community engagement and participation, assist with eviction prevention and other crisis interventions, connect kids to programming and many partnerships. The tax abatement serves as an investment in the overall strength and stability of Tigard and less demand on the social safety net. Tax Exempt Status: REACH is a Community Housing Development Organization and a 501(c)3 non-profit. The developments will be controlled by single asset limited partnerships structured for the benefit of LIHTC equity investment and other economic development subsidies. REACHs IRS Determination Letter is attached. REACH undergoes a full independent audit of its books. The State of Oregon Housing and Community Services Department will review the project and resident files annually. Verification of Information I hereby certify that the information in this application for tax abatement is accurate and complete to the best of my knowledge. REACH's property management staff performs day-to-day management of the property and is responsible for certifying income levels of each resident for compliance with program guidelines. The development will be compliant with all Tigard Municipal Codes. Alma Flores Director of Housing Development REACH Community Development April 22, 2021 Date ie ghborW rks CHARTERED MEMBER 4150 SW Moody Ave. • Portland, OR 97239 • 503.231.0682 • Fax: 503.236.3429 • www.reachcdc.org 114 . " City of Tigard TIGARD Memorandum To: Toby LaFrance, Finance and Information Services Director From: Schuyler Warren, Senior Planner Re: Reach CDC 2021 Applications for Tax Exemption Date: April 22, 2021 Reach Community Development Corporation (Reach) has submitted an application for low-income housing tax exemptions for set of properties that the organization recently purchased within the corporate limits of the City of Tigard. These property purchase are for the purpose of site assembly for the development of affordable housing. Addresses: 11750 SW 69TH AVE 11800 SW 69th Ave 6835 SW Clinton St 11955 SW 68th Ace 11950 SW 69th Ave 11900 SW 69th Ave 6860 SW Clinton St. Tigard Tax Lots: 2900, 3001 and 3100 of Block 9 6100, 6200, 6300, 6600, and 6700 of Block 12. Real Property Account #s: R286112, R286130, R286149 of Block 9 R286443, R286452, R286461, R286498 of Block 12 Tigard Municipal Code (TMC) 3.50.020,Nonprofit Corporation Low Income Housing,provides criteria for considering exemption requests. A review of these criteria follows. 1. The property is owned or being purchased by a corporation described in section 501(c) (3) or (4) of the Internal Revenue Code that is exempt from income taxation under section 501(a) of the Internal Revenue Code. Reach submitted with their applications a copy of an Internal Revenue Service letter, dated January 18, 2018,verifying that Reach qualifies as a 501(c)(3) organization. This criterion is met. 2. Upon liquidation, the assets of the corporation are required to be applied first in payment of all outstanding obligations, and the balance remaining, in cash and in kind, to be distributed to corporations exempt from taxation and operated exclusively for religious, charitable, scientific, literary or educational purposes or to the State of Oregon. Reach has submitted Articles of Incorporation demonstrating that upon dissolution, the organization's assets shall be distributed for one or more exempt purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or shall be distributed to the federal, state, or local government for a public purpose.This criterion is met. 3. The property is: a. Occupied by low income persons; or b. Held for the purpose of future development as low-income housing. Reach has provided a signed document stating that the properties are being held for the prupose of future development of low-income housing. This criterion is met. 4. The property or portion of the property receiving the exemption, is actually and exclusively used for the purposes described in section 501(c) (3) or(4) of the Internal Revenue Code. Reach is applying for full exemption at all seven properties. Reach has submitted documents stating that all seven properties are fully dedicated to nonprofit activities. This criterion is met. 5. The exemption has been approved as provided in Section 3.50.050. This criterion relates to the required city process for handling exemption requests. Section 3.50.050 states the city will determine eligibility for exemption (as is detailed in this report) and send notice of the determination to the County Assessor. This criterion will be met upon approval by City Council. Conclusion: Staff had determined that the above-named properties owned by Reach meet the criteria for tax exemption. The city's Affordable Housing Plan adopted in June 2019 includes tax exemption as one of the city's strategies for facilitating affordable housing in the community. Therefore, the granting of exemptions to Reach is consistent with the applicable TMC standards and with adopted city housing policies. AIS-Fiscal Impact of Tax Exemption Property Taxable City of City of City of Total Tax Total Assessed Tigard Tax Tigard Bond Tigard Local Rate Property Tax Value Rate Rate Option Rate Impact(All $2.5131/$1000 $.3306/$1,000 $.2900/$1,000 Jurisdictions) Vacant Lot $252,640 $635 $84 $73 $17.6653/$1,000 $4,463 —11750 SW 69th Ave. Vacant Lot $126,170 $317 $42 $37 $17.6653/$1,000 $2,229 —11800 SW 69th Ave.. Vacant Lot $123,530 $310 $41 $36 $17.6653/$1,000 $2,182 —6835 SW Clinton St. Vacant Lot $130,900 $329 $43 $38 $17.6653/$1,000 $2,312 —11955 SW 68th Ave. Vacant Lot $151,130 $380 $50 $44 $17.6653/$1,000 $2,670 —11950 SW 69th Ave. Vacant Lot $256,310 $644 $85 $74 $17.6653/$1,000 $4,528 —11900 SW 69th Ave. Vacant Lot $138,670 $348 $46 $40 $17.6653/$1,000 $2,450 —6860 SW Clinton St. Total $2,963 $391 $342 $20,834 Impact Tigard tax rate determined by City of Tigard and City of Tigard-After (bonds) and Local Option- (2.5131+0.3306+.2900) Total tax rate located in Washington Co Listing by Tax Code 023.66 and includes school (operating), general goy (operating) and excluded from limitation. AIS-4566 3. C. Business Meeting Meeting Date: 05/11/2021 Length (in minutes): Consent Item Agenda Title: Consider Renewal of Washington County Cooperative Library Services (WCCLS) Intergovernmental Agreements Prepared For: Halsted Bernard, Library Submitted By: Margaret Reh, Library Item Type: Motion Requested Meeting Type: Consent Update, Discussion, Direct Staff Agenda Public Hearing: No Publication Date: Information ISSUE The City Council may consider the renewal of the Washington County Cooperative Library Services Intergovernmental Agreements. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends review and discussion of the extension of two existing WCCLS Intergovernmental Agreements. Please approve these IGAs by Consent Agenda on May 11, 2021. KEY FACTS AND INFORMATION SUMMARY At their September 30, 2020 meeting, the WCCLS Executive Board discussed and agreed to recommend an extention of the current intergovernmental agreements to June 30, 2022. This will allow WCCLS and Cooperative partners additional time to discuss a more robust process to clarify roles and responsibilities, to address changing service priorities, particularly around information technology, and to address equity needs within our communities. Upon this recommendation by the WCCLS Executive Board, the Washington County Board of Commissioners has authorized amendments to two IGAs extending the dates on the current Public Libraries Services Agreement and the Information Network Agreement to June 30, 2022. OTHER ALTERNATIVES Since the Tigard Public Library is a WCCLS member library, approving the extension of the dates on the current IGAs is our only option. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS DATES OF PREVIOUS COUNCIL CONSIDERATION These agreements were approved by motion on the consent agenda on June 14, 2016. Attachments County Commission Agenda Item Exhibit A-Fund Distribution PLSA with WCCLS IGA-INA with WCCLS DocuSign Envelope ID:5ED41 F5A-1 E8C-4B38-82CE-D59A488B1 F1 F AGENDA WASHINGTON COUNTY BOARD OF COMMISSIONERS Agenda Category: Action - Cooperative Library Services (All CPOs) Agenda Title: AUTHORIZE AMENDMENTS TO WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICES INTERGOVERNMENTAL AGREEMENTS WITH CITIES AND NONPROFITS, EXTENDING THE CURRENT AGREEMENTS THROUGH JUNE 30, 2022 Presented by: Lisa Tattersall, Manager Washington County Cooperative Library Services SUMMARY: Request that the Board of Commissioners authorize amendments to two intergovernmental agreements (IGAs), the Public Library Services Agreement and the Information Network Agreement, which will extend the expiration dates for each one through June 30, 2022. The IGAs are with the cities of Banks, Beaverton, Cornelius, Forest Grove, Hillsboro, Sherwood, Tigard, and Tualatin, and with three nonprofit organizations: The Aloha Community Library Association, the Cedar Mill Community Library Association, and the Garden Home Community Library Association. The Public Library Services Agreement currently expires June 30, 2021. The agreement states roles and responsibilities for public library service provision and establishes the funding level for each member library. The requested amendment would extend the agreement expiration date to June 30, 2022 and include Attachment A, the funding distribution schedule for WCCLS transfer payments to each member library for FY21-22. The Information Network Agreement currently expires June 30, 2021. This agreement states roles and responsibilities for WCCLS' information technology infrastructure and support for member libraries. The requested amendment would extend the agreement expiration date to June 30, 2022. Extending the current IGAs to June 30, 2022 will allow WCCLS and cooperative partners additional time to discuss upcoming agreements for the performance period of July 1, 2022 through June 30, 2026. (continued) Attachment: Public Library Services Agreement Attachment A Funding Distributions DEPARTMENT'S REQUESTED ACTION: Authorize amendments to the Public Library Services Agreement and the Information Network Agreement, extending expiration dates for each of these agreements through June 30, 2022. COUNTY ADMINISTRATOR'S RECOMMENDATION: I concur with the requested a ttItoLn,, i'moVED WASHINGTON COUNTY BOARD OF COMMISSIONERS MINUTE ORDER# I — ,� Agenda Item No. 6.b. DATE I / 5 / 3-1 Date: 01/05/21 BY -f�,0--11 ) 39 CLERK OF THE BOAR DocuSign Envelope ID:5ED41 F5A-1 E8C-4B38-82CE-D59A488B1 F1 F AUTHORIZE AMENDMENTS TO WASHINGTON COUNTY COOPERATIVE LIBRARY SERVICES INTERGOVERNMENTAL AGREEMENTS WITH CITIES AND NONPROFITS, EXTENDING THE CURRENT AGREEMENTS THROUGH JUNE 30, 2022 BOC 01/05/21 ADDITIONAL INFORMATION: Community Feedback (Known Support/Opposition): The WCCLS Executive Board represents the leadership of the 9 cities and 3 nonprofits that operate public libraries in Washington County, and is advisory to the Board of Commissioners. At their September 30, 2020 meeting, the WCCLS Executive Board discussed and agreed to extend the current intergovernmental agreements to allow for a more robust process for the agreements that would have a performance period of July 1, 2022 through June 30, 2026. The process would provide opportunities to clarify roles and responsibilities, to address changing service priorities, particularly around information technology, and to address equity needs within our communities. Legal History/Prior Board Action: At the Board's September 22, 2020 work session, WCCLS presented a staff report on this topic. (Link to the report.) Budget Impacts: The amendment to the Public Library Services Agreement Attachment A would authorize the distribution of$27,693,538 in funding countywide to member libraries during FY21- 22. The funding would be included in WCCLS' FY21-22 budget request. 40 Exhibit A: Funding Distributions Summary of Funds for Public Library Operating Support (Pool 1, Pool 2 &JSOF) Proposed FY17 FY18 FY19 FY20 FY21 FY22 Aloha Pool 1 $ 425,000 $ 450,000 $ 500,000 $ 515,000 $ 530,450 $ 546,364 Pool 2 $ 10,828 $ 17,190 $ 9,470 $ 20,669 Subtotal $ 435,828 $ 467,190 $ 509,470 $ 535,669 $ 530,450 $ 546,364 Banks Pool 1 $ 167,705 $ 172,737 $ 177,919 $ 183,256 $ 188,754 $ 194,417 Pool 2 $ 9,348 $ 14,748 $ 7,982 $ 17,420 JSOF $ 43,142 $ 43,142 $ 43,142 $ 43,142 $ 44,436 Subtotal $ 177,053 $ 230,626 $ 229,042 $ 243,818 $ 231,896 $ 238,853 Beaverton Pool 1 $ 5,490,941 $ 5,655,669 $ 5,825,339 $ 6,000,099 $ 6,180,102 $ 6,365,505 Pool 2 $ 48,358 $ 76,270 $ 41,245 $ 90,016 Subtotal $ 5,539,299 $ 5,731,939 $ 5,866,584 $ 6,090,115 $ 6,180,102 $ 6,365,505 Cedar Mill Pool 1 $ 3,981,275 $ 4,100,714 $ 4,223,735 $ 4,350,447 $ 4,480,961 $ 4,615,389 Pool 2 $ 39,672 $ 62,573 $ 33,842 $ 73,859 JSOF $ 89,860 $ 89,860 $ 92,556 Subtotal $ 4,020,947 $ 4,163,287 $ 4,257,577 $ 4,514,166 $ 4,570,821 $ 4,707,945 Cornelius Pool 1 $ 205,707 $ 211,878 $ 218,234 $ 224,781 $ 231,525 $ 238,471 Pool 2 $ 9,567 $ 15,092 $ 8,168 $ 17,827 JSOF $ 187,979 $ 322,249 $ 322,249 $ 331,916 Subtotal $ 215,273 $ 226,971 $ 414,381 $ 564,857 $ 553,774 $ 570,387 Forest Grove Pool 1 $ 802,081 $ 826,144 $ 850,928 $ 876,456 $ 902,750 $ 929,832 Pool 2 $ 12,998 $ 20,503 $ 11,093 $ 24,209 Subtotal $ 815,079 $ 846,647 $ 862,021 $ 900,665 $ 902,750 $ 929,832 Garden Home Pool 1 $ 413,980 $ 426,400 $ 439,192 $ 452,368 $ 465,939 $ 479,917 Pool 2 $ 10,765 $ 16,982 $ 9,189 $ 20,056 JSOF $ 88,000 $ 88,000 $ 88,000 $ 88,000 $ 90,640 Subtotal $ 424,745 $ 531,382 $ 536,381 $ 560,423 $ 553,939 $ 570,557 Hillsboro Pool 1 $ 5,004,224 $ 5,154,351 $ 5,308,981 $ 5,468,251 $ 5,632,298 $ 5,801,267 Pool 2 $ 45,557 $ 71,854 $ 38,858 $ 84,807 Subtotal $ 5,049,781 $ 5,226,205 $ 5,347,839 $ 5,553,058 $ 5,632,298 $ 5,801,267 North Plains Pool 1 $ 168,717 $ 173,778 $ 178,992 $ 184,361 $ 189,892 $ 195,589 Pool 2 $ 9,354 $ 14,757 $ 7,987 $ 17,431 Subtotal $ 178,070 $ 188,535 $ 186,978 $ 201,792 $ 189,892 $ 195,589 Sherwood Pool 1 $ 846,944 $ 872,352 $ 898,523 $ 925,479 $ 953,243 $ 981,840 Pool 2 $ 13,256 $ 20,910 $ 11,313 $ 24,689 Subtotal $ 860,200 $ 893,263 $ 909,836 $ 950,168 $ 953,243 $ 981,840 Tigard Pool 1 $ 3,469,591 $ 3,573,679 $ 3,680,889 $ 3,791,316 $ 3,905,055 $ 4,022,207 Pool 2 $ 28,345 $ 44,705 $ 24,173 $ 52,758 Subtotal $ 3,497,936 $ 3,618,384 $ 3,705,063 $ 3,844,074 $ 3,905,055 $ 4,022,207 Tualatin Pool 1 $ 1,540,664 $ 1,586,884 $ 1,634,491 $ 1,683,526 $ 1,734,031 $ 1,786,052 Pool 2 $ 17,247 $ 27,204 $ 14,714 $ 32,114 Subtotal $ 1,557,912 $ 1,614,089 $ 1,649,205 $ 1,715,639 $ 1,734,031 $ 1,786,052 West Slope Pool 1 $ 796,186 $ 820,071 $ 844,673 $ 870,013 $ 1,117,443 $ 977,140 Pool 2 $ 12,964 $ 20,450 $ 11,064 $ 24,146 Subtotal $ 809,149 $ 840,521 $ 855,737 $ 894,159 $ 1,117,443 $ 977,140 Total Countywide $ 23,581,275 $ 24,579,037 $ 25,330,116 $ 26,568,604 $ 27,055,694 $ 27,693,538 „76.6",a, 3 0733 Public Library Services Agreement 2016 Public Library Services Agreement This Agreement is made by and between Washington County, a home rule subdivision of the State of Oregon hereinafter referred to as"County",on behalf of Washington County Cooperative Library Services, hereinafter referred to as"WCCLS," and the Cities of Banks, Beaverton,Cornelius, Forest Grove, Hillsboro,North Plains, Sherwood,Tigard,and Tualatin, and Aloha Community Library Association, Cedar Mill Community Library Association and Garden Home Community Library Association, hereinafter referred to as "Contractor(s).” County and Contractors are collectively known as"the Parties." WHEREAS,Washington County has approved funding for countywide library services including non-fee access by County residents to public libraries operated by Contractors; and WHEREAS the Parties originally entered into this Agreement in 1976 and the Agreement has had subsequent amendments and renewals including the last one entered into on June 21,2011 (MO#11-165); and WHEREAS,the Parties to this Agreement are either units of local government empowered by ORS 190.010 to enter into an intergovernmental agreement or are private non-profit agencies operating public libraries; and WHEREAS,the Parties desire to maintain and provide residents of Washington County with access to quality public library services and Contractors can provide such access and services. NOW,THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: 1. DEFINITIONS The following definitions shall be used in this Agreement: A. WCCLS (Washington County Cooperative Library Services)—An agency of County government that exists to coordinate,contract for or provide a full range of library and information services to all residents of the county. B. WCCLS Information Network—The system that includes: the shared integrated library system software (circulation,public access catalog, cataloging, serials control and acquisitions software);the WCCLS.org website and its resources; other databases and e-content provided by WCCLS for Contractors' staff or public access;wireless Internet access for the public; central site hardware and software; software, hardware or peripheral products provided to Contractors and supported by WCCLS; and the telecommunications network linking Contractors to the system and for Internet access. Public Library Services Agreement,5/6/2016 1 Public Library Services Agreement 2016 C. Oualified Borrowers—All Washington County residents,residents of counties or cities with which Washington County has reciprocal borrowing agreements,and paying card holders. D. West Slone Community Library -The public library that is a department of WCCLS and managed by the County. For purposes of this Agreement, West Slope is a Contractor. E. Oregon Public Library Statistical Report—The report mandated by ORS 357.520,containing statistics and provided on an annual basis to the Oregon State Library via a reporting format determined by the State Library. Report data is typically due October 1 of each year. F. WCCLS Executive Board—the board established to advise the Board of County Commissioners and the Cooperative Library Services Director on matters pertaining to the funding for countywide library services, distribution of financial resources by WCCLS for the provision of countywide public library services, and long term governance and funding strategies. G. WCCLS Policy Group—the Board established to provide technical and professional support and advice to the WCCLS Executive Board,to develop and implement policies and procedures for delivery of countywide public library services,and to advise the Cooperative Library Services Director. 2. TERM OF AGREEMENT This Agreement shall be in effect from July 1, 2016 through June 30, 2021, except as otherwise provided in Section 11 of this Agreement. 3. FUNDS As compensation to Contractor for the services to be provided pursuant to this Agreement,WCCLS agrees to distribute funds to Contractor on the basis set forth in Section 5 and the Payment Schedule set forth in Section 7. By receipt of funds from WCCLS each Contractor agrees to expend those funds to provide library services according to Contractor's established policies, and to ensure that Contractor's library facilities are open for public use by all Qualified Borrowers. Contractors must spend all funds received from WCCLS on the provision of library services. Public Library Services Agreement, 5/6/2016 2 Public Library Services Agreement 2016 4. MINIMUM OPERATING REQUIREMENTS By receipt of funds form WCCLS each Contractor agrees that Contractor's library facilities will be open to the public at least 45 hours per week, and to employ at least one full-time employee who will serve as the primary contact with WCCLS. 5. FUNDING DISTRIBUTION A. WCCLS shall determine the total payment to be made to each Contractor during the term of this Agreement by using the method set forth in this Section and based on figures set forth in EXHIBIT A"Funding Distributions." B. Payments to Contractors shall be budgeted in three(3)funding distribution pools. 1. Pool One. If the countywide assessed value increases at least 3% annually, for FY2016-17 the total amount in Pool One shall be $23,313,017 as identified in EXHIBIT A.Thereafter, if countywide assessed value increases at least 3%annually Contractors shall each receive increases of 3%on an annual basis for the Term of this Agreement. 2. Pool Two. After actual County assessed valuation, tax levies and taxes are certified, County will determine WCCLS revenue which is subject to adjustment to actual revenue. WCCLS will use the WCCLS actual revenue to first fully fund Pool One distributions and budgeted WCCLS support and outreach services,including the Jump Start Operating Fund. WCCLS may then allocate additional funds to Pool Two. The WCCLS Executive Board shall recommend whether funds from Pool Two shall be distributed to Contractors, and if so,on what basis. Typically,the WCCLS Executive Board shall make the recommendation in February of each year. Any distribution of funds from Pool Two shall be distributed on a separate schedule from Pool One. 3. Jumn Start Oneratina Fund. WCCLS shall create a third funding pool and use funds from this pool to support Contractors that physically expand a library building or add a new library branch during the term of this Agreement. Funds shall be allocated to support the operations of said expansions.WCCLS shall allocate funds through an application process created by the WCCLS Executive Board. Funds from this third funding pool will be added to the Contractor's Pool 1 base allocation at the beginning of the next Agreement term. Public Library Services Agreement, 5/6/2016 3 Public Library Services Agreement 2016 6. ADJUSTMENTS IN PAYMENTS A. WCCLS may adjust payments if funding for payments noted in 5.B.1 is less than projected. WCCLS will reduce amounts paid to each Contractor in an amount proportionate to each library's percentage of the total amount available for payment. B. WCCLS shall notify the Contractors in writing of any adjustments under this Section after the County adopts the budget for the subsequent fiscal year. if reductions in revenue are necessary after the beginning of a fiscal year,County shall give sixty(60)days notification to Contractors, if possible. 7. PAYMENT SCHEDULE A. WCCLS shall make payments to those Contractors that are cities as follows: 1. 80% (eighty percent)of the total annual payment shall be made on or before December 31; and 2. 20% (twenty percent)of the total annual payment shall be made on or before April 15. B. Notwithstanding paragraph 7.A above, a city not formerly a party to a Public Library Services Agreement with WCCLS,that establishes a public library and becomes a party to this Agreement, shall be entitled to receive payment on a monthly basis during the term of this Agreement. The monthly payment shall be 1/12 of the total annual payment. In addition, WCCLS agrees that any city to which this subsection applies shall be entitled to receive monthly payments for the entire term of any renewal or successor agreement to which it becomes a party,provided funds are available. C. WCCLS shall make payments to those Contractors that are community libraries, specifically Aloha Community Library Association, Cedar Mill Community Library Association, Garden Home Community Library Association and the West Slope Community Library,on a monthly basis. The monthly payment shall be 1/12 of the total annual payment. 8. SPECIAL LIBRARY FUND County, on behalf of WCCLS,shall maintain a Special Library Fund that shall include: A. Any remaining funds from a previous year which shall be carried over to the next year; B. All property tax collections made under all County library local option levies; Public Library Services Agreement, 5/6/2016 4 Public Library Services Agreement 2016 C. All transfers of county general funds made to WCCLS; D. All interest earnings on the Special Library Fund, in accordance with ORS 294.080(1);and E. Other revenues for library services. 9. SERVICES TO BE PROVIDED BY WCCLS WCCLS agrees to provide the following central support and outreach services to Contractors and West Slope Community Library: A. Reciprocal borrowing with other metropolitan area public libraries and Oregon Library Passport Program participating libraries; B. Coordination of countywide library services among Contractors and with regional and state library service providers; C. Coordination of selection and purchase of shared electronic products available through WCCLS.org,coordination of training and education for adult services staff, coordination of countywide adult programming such as Summer Reading, and interlibrary loan borrowing from and lending to libraries outside of Washington County; D. Outreach services to special populations of Washington County residents, including,but not limited to,circulation of materials to those who cannot get to a public library(homebound),information and education about library-related services for child care providers and the children in their care, Latino and other cultural communities. E. Coordination and support of countywide youth services,including Summer Reading Programs and shared resources, coordination of training and education of youth services staff; F. Courier pick-up and delivery of materials between Contractors and provision of courier connections to regional library delivery systems; G. Planning for long-term growth and development of countywide library services; H. Operation and maintenance of the WCCLS Information Network as defined in the WCCLS Information Network Agreement; and 1. Other services to address Long Range Service Plan goals as agreed upon by the Parties. 10. SERVICES TO BE PROVIDED BY CONTRACTORS A. Each Contractor agrees to ensure equity of access to materials,resources and services for all Qualified Borrowers. B. Qualified Borrowers will not be charged a fee for the initial circulation or renewal of library materials. C. Each Contractor shall apply all fees and policies uniformly to all Qualified Borrowers. Such fees may include special service and overdue fees. D. Each Contractor shall designate a staff member who will work with WCCLS and administer this Agreement on behalf of Contractor. Contractor shall authorized the staff member to receive and give any Public Library Services Agreement, 5/6/2016 5 Public Library Services Agreement 2016 notices that may be required under this Agreement. Unless otherwise designated,this shall be the Library Director for each Contractor. E. Each Contractor shall meet all requirements for Level 5 Libraries as defined in the Admission of New Public Libraries to Washington County Cooperative Library Services, as approved by the WCCLS Executive Board May 23, 2012 and subsequent revisions. F. Each Contractor shall abide by shared policies and procedures as agreed upon by the WCCLS Policy Group. G. Each Contractor shall identify its membership in WCCLS through identification marks, and through public communications in selected library printed materials, websites or other publicity materials. 11. RECORD KEEPING A. WCCLS shall provide each Contractor with a copy of the County's annual audit, upon request by Contractor. B. Each Contractor shall provide WCCLS with a copy of Contractor's annual audit. For purposes of this Section,the following requirements shall apply: 1. For Contractors which are cities, the audit shall be that of the city, and shall be supplied upon request of WCCLS. 2. For Contractors which are community libraries(specifically Aloha Community Library Association, Cedar Mill Community Library Association and Garden Home Community Library Association), the audit shall be the result of an annual review of the Contractor's financial statements made by an independent certified public accountant in accordance with standards of the American Institute of Certified Public Accountants, and shall be supplied by December 31st of each year to WCCLS. C. Each Contractor shall provide WCCLS with a copy of its Oregon Public Library Statistical Report. 12. TERMINATION A. County may terminate this Agreement upon sixty(60)days written notice for a termination date no sooner than the end of the current fiscal year, if it determines, in good faith through an open,public process,that: 1. The public interest would be served by such termination; or 2. Adequate funds are not available. B. Each Contractor shall have the right to terminate this Agreement upon sixty (60)days written notice,if Contractor determines,in good faith,that: 1. The public interest in its jurisdiction or area of service would be served by such termination;or Public Library Services Agreement, 5/6/2016 6 Public Library Services Agreement 2016 2. Appropriated funds for Contractor are less than the amount reasonably anticipated. C. County and each Contractor may terminate participation in this Agreement separately, and Agreements between remaining parties and County shall remain in effect. D. If Contractor terminates its participation in the Agreement,the County shall distribute funds to the Contractor prorated to the date of termination. 13. INSURANCE Each contractor to this Agreement shall maintain comprehensive general liability insurance or adequate reserves in a program of self-insurance covering personal injury and property damage for the Contractors,its employees and agents. The insurance coverage shall cover the minimum amount specified in ORS 30.271. For Contractors which are not units of local government,certification of insurance shall be provided to WCCLS and all such insurance coverage shall name Washington County,its officers, employees and agents as additional insureds. 14. COMPLIANCE WITH APPLICABLE LAWS The Parties shall comply with all local, state, and federal ordinances, statutes, laws and regulations that are applicable to the services provided under this Agreement. A. Equal Opportunity Contractor shall not discriminate against its employees (including applicants for employment)on the basis of race,color,religion, gender, sexual orientation,national origin,disability,age,or marital status except in case of bona fide occupational qualifications as defined and provided by applicable federal or state law.No person shall be denied or subjected to discrimination in receipt of the benefits of any services or activities made possible by or resulting from this Agreement on the grounds of race, color,religion,gender, sexual orientation,national origin, disability, age, or marital status. Any violation of this provision shall be grounds for cancellation,termination or suspension of the Agreement in whole or in part by County. B. Public Contracting Statutes ORS 279B.200 through 279B.240 and 279C.500 through 279C.870, as applicable, are incorporated herein by reference. The Contractor agrees to: 1. Make payment promptly, as due,to all persons supplying, to Contractor, labor or material for the performance of the work provided for in this Agreement; 2. Pay all contributions or amounts due the Industrial Accident Fund incurred in the performance of the Agreement: Public Library Services Agreement, 5/6/2016 7 Public Library Services Agreement 2016 3. Not permit any lien or claim to be filed or prosecuted against the County on account of any labor or material furnished pursuant to this Agreement;and 4. Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. 15. INDEMNIFICATION Each party agrees to hold harmless,defend, and indemnify each other,including its officers,agents, and employees,against all claims,demands,actions and suits (including all attorney fees and costs)arising from the indemnitor's performance of this Agreement where the loss or claim is attributable to the negligent acts or omissions of that party. If the indemnifying party is a unit of local government, such indemnification shall be subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act,ORS 30.260 to 30.302, and the Oregon Constitution. 16. DEBT LIMITATION This Agreement is expressly subject to the debt limitation of Oregon Counties set forth in Article XI, Section 10 of the Oregon Constitution,and is contingent upon appropriation of funds therefor. 17. INDEPENDENT CONTRACTOR Each party is an independent contractor with respect to each other party and has no control over the work performed by the other. No party is an agent or employer of another party. 14o party or its employees is entitled to participate in a pension plan,insurance,bonus, or similar benefits provided by any other party. 18. NOTICE Each party shall give the other immediate written notice of any action or suit filed or any claim made against that party that may result in litigation in any way related to this Agreement. 18. COUNTERPARTS This Agreement may be executed in several counterparts, each of which shall be an original,all of which shall constitute but one and the same instrument. 19. CAPTIONS Captions and headings used in this Agreement are for convenience only and shall not be construed or interpreted so as to enlarge or diminish the rights or obligations of the parties hereto. Public Library Services Agreement,5/6/2016 8 t Public Library Services Agreement 2016 20. SEVERABILITY If any section, subsection, sentence, clause,phrase or portion of this Agreement is, for any reason,held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate,distinct,and independent provision,and such holding shall not affect the validity of the remaining portions of this Agreement unless the result of the holding is a failure of consideration of any party. 21. AMENDMENT This Agreement may only be amended in writing and signed by all of the Parties. FOR THE CONTRACTOR: WASHIN 0 COUNTY: S2C/IV ;Iertitiy= SIGNATURE SIGNATURE (.._4+1-1 MA-✓tCt9er — ,-ttarrman Board of Commissioner. TITLE TITLE DATE 6 20.2 OcriC DATE APPRO D AS T FORM: COUNTY COUNSEL APPROVED WASHINGTON COUNT'_ BOARD OF COMMISSIONERS MINUTE ORDER# J(Q 17.1 DATE 4- 2.1-16 BY EciA40A42, _ Public Library Services Agreement, 5/6/2016 9 Blanket Purchase Agreement 170446, 1 Type Blanket Purchase Agreement AIN_IN WASHINGTON COUNTY Order 176446 OREGON Revision 1 Department of Support Services-Purchasing Order Date 01-JUL-2016 155 N First Ave.,Suite 270,MS28 Created By Crawfords Karen Hillsboro,OR 97124-3072 Revision Date 01-JUL-2016 Current Buyer Crawford, Karen Supplier: City of Tigard Public Library 13500 SW Hall Blvd Tigard,OR 97223-8111 United States Ship To: Coop Library Bill To: Coop Library MS58 MS58 111 NE Lincoln Street Rm 230-L 111 NE Lincoln Street Rm 230-L Hillsboro,OR 97124 Hillsboro,OR 97124 Customer Account No. Supplier No. Payment Terms Freight Terms FOB Transportation Ship Via 8736 Net 30 TBD FOB Destination Effective Start Date Effective End Date Amount Agreed(USD) 01-JUL-2016 30-JUN-2021 18,420,531.00 Washington County Reference I Requester/Deliver To Eva Calcagno, MO 16-171, BCC 16-0733 I Crawford, Karen 503-846-3234 Notes: Blanket purchase order valid through June 30,2021,unless canceled earlier. Line Part Number/Description Quantity UOM Unit Price Amount (USD) (USD) 1 Authorization of Public Library Services Agreement FY 16-17 through FY 20-21 between Washington County (Cooperative Library Services)and Member Libraries on an open account basis to the County per County contract BCC 16-0733 Total of all Purchases must not exceed$18,420,531.00 1. This purchase order is subject to the terms and conditions attached. 2. Washington County's Federal Tax ID 93-6002316. • Authorized Signature • This purchase order is subject to the terms and conditions attached. Page 1 of 1 AM WASHINGTON COUNTY OREGON This Purchase Order issued by Washington County(Purchaser),and all terms and conditions contained herein,become the exclusive contract for this transaction,when accepted by acknowledgement or commencement of performance by Seller. SHIPPING/INVOICE INSTRUCTIONS 14.WARRANTIES:Unless otherwise stated,all goods shall be free and clear •f any liens or encumbrances and shall be new(and,if applicable,the current 1.Unless otherwise specified,all goods shall be shipped:PREPAID,FOB odd)and shall carry full manufacturer warranties.Seller warrants all goods DESTINATION.Where shipping address indicates a room number,Seller •elivered to be free from defects in labor,material and manufacture,and to be shall deliver to that specific location at no additional charge.Where specific n compliance with the specifications identified in this Purchase Order.All uthorization is granted by Purchaser to ship goods FOB SHIPPING POINT, mplied and express warranty provisions of the UCC are hereby incorporated eller shall pre-pay all shipping charges,route as instructed or if instructions ,y reference.Seller represents and warrants to Purchaser that Seller has the not provided,route by cheapest common carrier,but bill Purchaser as ,,wer and authority to enter into and perform this Purchase Order,and that •. .to item on the invoice for said charges. is Purchase Order,when executed and delivered,shall be a valid and binding 2.Goods will not be accepted if shipped C.O.D. obligation of Seller enforceable in accordance with its terms. 3.Title to the goods purchased hereunder shall pass to Purchaser at the FOB 15.COMPLIANCE WITH LAWS:Seller shall comply with all Federal,State i�ESTINATION point,subject to the right of Purchaser to reject upon d local laws and regulations applicable to the goods or services purchased nspection. nder this contract.The provisions of ORS 279C.500 through 279C.870,as applicable,are incorporated herein by reference.Damages or costs resulting 4.The Purchase Order Number and Organization Unit/Department Name s•m noncompliance shall be the sole responsibility of Seller. Shown on the reverse side shall appear on all invoices,correspondence, hipping papers and packing material.Packing lists shall be enclosed in each 16.ACCEPTANCE OF TERMS:THIS PURCHASE ORDER EXPRESSLY • • every box or package shipped pursuant to this order,indicating the IMITS ACCEPTANCE TO THE TERMS AND CONDITIONS STATED ontents therein. EREIN.ANY ADDITIONAL OR DIFFERENT TERMS PROPOSED BY .ELLER ARE OBJECTED TO AND REJECTED UNLESS OTHERWISE 5.Seller agrees to mail invoices in duplicate to the department shown under I'ROVIDED IN WRITING TO AND ACCEPTED IN WRITING BY Invoice To"on the reverse side.Seller shall provide separate invoices for !'URCHASER. ach Purchase Order. 17.NONDISCRIMINATION:Seller agrees not to discriminate against any 6.On shipping papers and invoices,Seller shall state whether delivery is ustomer,employee or applicant for employment or services,because of race, .• ial or complete and notify Purchaser if complete shipment cannot be made reed,color,national origin,sex,marital status,age or disability,excepting .-r terms of the order. •nly bona fide qualifications. 7.Purchaser reserves the right to cancel any unshipped or uncompleted 18.MATERIAL SAFETY DATA SHEET:Seller agrees to send appropriate •.rtion of this order.Time of delivery is of the essence and the order is subjects aterial Safety Data sheets(MSDS)with shipment,according to all o cancellation for failure to deliver or perform on time. pplicable Federal and State laws.Seller shall include any required updates ith shipment. 8.No change in price,quality or goods will be recognized or accepted by chaser without prior approval by Purchaser. 19.WORKER'S COMPENSATION:Seller shall comply with ORS 656.017 or all employees who work in the State of Oregon for more than 10 days.This GENERAL TERMS AND CONDITIONS -.uires Seller to provide Purchaser with certification of worker's ompensation insurance,with employer's liability in the minimum amount of 9.GOVERNING LAW:VENUE:JURISDICTION:ATTORNEY FEES:The,1woo. aws of the State of Oregon shall govern this Purchase Order.Any action or uit commenced in connection with this Purchase Order shall be in the Circuit 20.TERMINATION:Failure to comply with any of the terms specified ourt of Washington County.Provided,however,if the claim is brought in a erein shall be a material breach and may be grounds for cancellation by ederal forum then it shall be conducted exclusively within the United State r haser. iP istrict Court for the District of Oregon.Seller,by execution of this Purchase • der,hereby consents to the in personam jurisdiction of these courts.The 21•AUTHORIZED SIGNATURE:Only those persons authorized by .revailing party shall be entitled to reasonable attorney fees and costs as I' chaser may execute a binding Purchase Order.Seller is responsible for :warded by the cowl,including any action on appeal. nsuring that the person executing the Purchase Order is duly authorized. 10.UNIFORM COMMERCIAL CODE:As referred to in this Purchase 22.ASSIGNMENT:SUBCONTRACT:SUCCESSORS:No portion of this •rder,ORS Chapter 72,as amended from time to time("UCC"). i' chase Order may be subcontracted or assigned to any other individual,firm •r entity without the express and prior approval of Purchaser.The provisions 11.REJECTION:All goods or materials purchased are subject to approval by of the Purchase Order shall be binding upon and shall inure to the benefit of I' chaser.Any rejection of goods or materials based on nonconformity to the the parties and their respective successors and permitted assigns. erms and specifications of the order,whether held by Purchaser or returned, 23.MERGER CLAUSE:AMENDMENT:WAIVER:This Purchase Order ill be at Seller's risk and expense. constitutes the entire agreement between the parties.There are no 12.INDEMNIFICATION:Seller shall save harmless and indemnify understandings,agreements,or representations,oral or written,not specified in I' chaser for any and all claims,damages,losses and expense including,but this Purchase Order.No waiver,consent,modification or change of terms of of limited to,reasonable attorney's fees arising out of or resulting from this Purchase Order shall bind either party unless in writing and signed by eller's performance of or failure to perform the obligations of this contract to uthorized individuals of both parties.The failure of Purchaser to enforce any he extent caused by the negligence or misconduct by Seller or its employees rovision of this Purchase Order shall not constitute a waiver by Purchaser of •r agents,together with any patent,copyright,trademark or franchise hat or any other provision. nfringement action. 24.ANTITRUST:Seller hereby assigns to Purchaser full,finally,and in their 13.FORCE MAJEURE:Neither party to this contract shall be responsible for ntirety,all Federal and/or State antitrust claims which Seller now has or may •elay or default caused by fire,riot,acts of God or war beyond that party's ereafter acquire as a result of or in connection with any and all goods and easonable control.Purchaser may terminate this contract upon written notice rvices ordered hereunder.Further,Seller shall cause similar wording in favor fter determining such delay or default will impair successful performance. f Purchaser to be made a part of any and all contracts entered into with ubcontractors or suppliers as a result of this order.Claims shall include rice-fixing,monopolization,and any other violation of State or Federal titrust law. Rev.03/2005 t b -0-7 39 T61 Kos-0 03 WCCLS Information Network Agreement 2016 WCCLS Information Network Agreement This WCCLS Network Agreement, hereafter referred to as"Agreement,"is made by and between Washington County, a home rule subdivision of the State of Oregon hereinafter referred to as "County",by and through Washington County Cooperative Library Services, hereinafter referred to as "WCCLS," and the Cities of Banks, Beaverton, Cornelius,Forest Grove, Hillsboro, North Plains, Sherwood,Tigard and Tualatin,Aloha Community Library Association, Cedar Mill Community Library Association,Garden Home Community Library Association,Tuality Healthcare and Oregon College of Art and Craft,hereinafter referred to as "Network Users." County and Network Users are collectively known as "the Parties." WHEREAS the Parties originally entered into this Agreement in 1986 and the Agreement has had subsequent amendments and renewals including the last one entered into on July 11, 2011. WHEREAS,the parties to this Agreement are either units of local government empowered by ORS 190.010 to enter into an intergovernmental agreement,or are private non- profit agencies operating libraries, and WHEREAS, the Parties desire to continue to provide residents of Washington County with access to public library services and can provide such access and services, and WHEREAS, WCCLS has purchased and installed an integrated library system and operates and maintains a secure telecommunications network to facilitate connections between Network Users' libraries and to the Internet, and desires to make this system available for use by libraries in Washington County; NOW THEREFORE,in consideration of the mutual covenants contained herein,the Parties agree as follows: 1. DEFINITIONS The following definitions shall be used in constructing the following phrases,terms and abbreviations in this Agreement: A) WCCLS (Washington County Cooperative Library Services)- An agency of County government that exists to coordinate,contract for or provide a full range of library and information services to all residents of the county. B) WCCLS Information Network—The system that includes: the shared integrated library system software (circulation,public access catalog, cataloging, serials control and acquisitions software);the WCCLS.org website and its resources;other databases and e- content provided by WCCLS for Network Users' library staff or public access; wireless Internet access for the public; central site hardware and software;software, hardware or peripheral products provided to Network Users' libraries and supported by WCCLS; and the telecommunications network linking Network Users to the system and for Internet access, hereinafter referred to as the "Network." WCCLS Information Network Agreement 5/6/2016-page 1 WCCLS Information Network Agreement 2016 C) Host—Any intelligent device connected to the Network that is addressable by a network/transport protocol. All workstations,network printers,routers,etc. are hosts. D) Broadband Users' Group—A membership organization through which WCCLS procures Internet and firewall network services. E) WCCLS Policy Group—The board established to provide technical and professional support and advice to the WCCLS Executive Board, to develop and implement policies and procedures for delivery of countywide public library services, and to advise the Cooperative Library Services Director. F) WCCLS Information Network Users' Group- A committee of the WCCLS Policy Group to advise WCCLS and the WCCLS Policy Group on the operation of the automated system as defined in the WCCLS Policy Group Bylaws. G) Public Library Services Agreement-The Inter-Governmental Agreement between Washington County and library service providers to provide library services to all county residents,containing a distribution formula under which WCCLS makes payments to public libraries. H) WCCLS Executive Board—The board established to advise the Board of County Commissioners and the Cooperative Library Services Director on matters pertaining to the funding for countywide library services,distribution of financial resources by WCCLS for the provision of countywide public library services, and long term governance and funding strategies. I) West Slope Community Library—The public library that is a department of WCCLS and managed by the County. For purposes of this Agreement,West Slope is treated as a Network User. 2. TERM OF AGREEMENT This Agreement shall be in effect from July 1,2016, through June 30, 2021,except as otherwise provided in Section 14 of this Agreement. 3. OWNERSHIP AND MANAGEMENT OF THE WCCLS INFORMATION NETWORK A) The Washington County Board of Commissioners, as the governing body of WCCLS,retains final authority for decision-making related to Network and its operation. B) WCCLS shall have full ownership of all Network components and shall make the system available to Network Users. All software and upgrades provided to Network Users by WCCLS will remain the property of WCCLS. WCCLS Information Network Agreement 5/6/2016-page 2 WCCLS Information Network Agreement 2016 C) Item records owned by Network Users,the associated bibliographic and patron records where the patron is registered at the Network User Library,shall be considered the property of that Network User. On termination of this Agreement by either party Network User shall pay all reasonable costs associated with data extraction necessary to provide records in machine-readable format. 4. SERVICE AVAILABILITY A) Network shall be available for use twenty-four(24)hours a day except for routine maintenance and when software,hardware, or telecommunications upgrades or changes necessitate making the system unavailable. WCCLS agrees to provide Network User with prior notice of Network downtime if it will affect library operations or business hours except for unexpected outages due to Network failure or other circumstances beyond the control of WCCLS. No liability shall be assumed by WCCLS if Network experiences downtime. B) WCCLS staff shall be available to support the Network and to answer questions about the Network from Network Users. No Network staff will be available on days that are official Washington County holidays. The hours of service are as follows: 8:00 am—9:00 pm, Monday—Thursday; 8:00 am—6:00 pm Friday, 9:00 am—5:00 pm Saturday, and 10:30 am -5:30 pm Sunday. Staff will be available for emergency support from 6:00pm to 9:00pm Friday only. 5. DATA RECOVERY WCCLS will duplicate at least daily all data maintained in the Network database. WCCLS will maintain back-up data on-site and off-site so that files can be reconstructed if a system malfunction occurs that requires restoring or rebuilding data files,in whole or in part. A minimum of one weekly back-up will be stored in a location physically apart from the site of the central system in case of major disaster at the central site.The purpose of the back-up is for emergency recovery is live data or the system is damaged or destroyed and is not for archival purposes. 6. DUTIES AND RESPONSIBILITIES OF WCCLS WCCLS shall: A) Purchase all Network hardware, software, and telecommunications equipment;house such equipment in a suitable environment; and maintain said equipment in good operating condition. B) Purchase integrated library system client software licenses for Network Users and coordinate distribution of licenses. WCCLS Information Network Agreement 5/6/2016-page 3 WCCLS Information Network Agreement 2016 C) Provide, or contract for the provision of,maintenance of Network hardware, software, and the telecommunications equipment. D) Provide and maintain directory services to control access to the Network. E) Employ personnel needed to maintain and operate Network and staff a help desk for problem reporting and resolution. F) Provide a source of,and maintain for Network Users,MARC bibliographic cataloging records and authority records in the catalog. This includes monitoring and evaluating bibliographic services to maintain quality bibliographic records. G) Purchase, and coordinate licensing of,other software, applications or equipment to support Network services. H) Purchase item inventory tags,security tags and patron cards to be used by Network Users. I) Provide initial training and initial and on-going training materials to Network Users for WCCLS-provided software applications as documentation is provided by vendors. J) Provide documentation for the integrated library system as documentation is provided by vendors. K) Provide software updates to Network Users for software applications purchased by WCCLS and licensed for use at member libraries. L) Regularly review the operations of Network hardware, software and telecommunications, evaluate performance, and develop plans for modifications, upgrades and new services, as outlined in the WCCLS Long Range Plan. M) Monitor compliance with Policies&Procedures adopted by the WCCLS Policy Group and the Broadband Users' Group to coordinate orderly and secure use of the Network. N) Conduct an independent security audit of the Network and implement recommendations to maintain security and integrity. 0) Take steps to maintain security,up to and including terminating a connection between one or more network Hosts that presents a problem or threatens security,integrity, or performance of the Network. WCCLS shall notify affected Network Users about an impending disconnection if time permits. Unless WCCLS determines that the problem or threat has resulted in a default under paragraph 11,WCCLS shall restore connectivity when the WCCLS staff determines that the problem is resolved or the threat removed. P) Provide and maintain library security gates(RFID enabled). Q) Manage the Network pursuant to the terms and conditions of this Agreement. WCCLS Information Network Agreement 5/6/2016-page 4 WCCLS Information Network Agreement 2016 7. DUTIES AND RESPONSIBILITIES OF NETWORK USERS Network Users shall: A) Participate in the use and operation of the Network under the terms and conditions of this Agreement and the Policies &Procedures adopted by the WCCLS Policy Group. B) Take full responsibility for linking item information for Network User's holdings to bibliographic records in the catalog and for meeting cataloging standards as outlined in the Policies&Procedures. C) Provide,maintain, and administer cabling, equipment, software, associated devices and Hosts within Network User's building that are connected to the Network.Network Users should meet ANSIfTIA-5568-C or ISO/IEC 11801(Ed2.2) standards when installing new data cabling. D) Provide site preparation,access, and environmental conditions necessary for optimal security and functioning of Hosts provided by WCCLS. E) Ensure that devices configured by Network User and accessing the Network comply at all times with hardware, software and security requirements deemed necessary by WCCLS staff. Network User shall use WCCLS directory services to access the Network. F) Ensure that all Hosts connected to the Network are secured and supervised by library staff during use. Network User shall not allow public users to use staff workstations. G) Ensure that any Host or device connected to the Network shall neither cause,nor have the potential to cause, any network disruption, security breach, nor other deleterious outcome. H) Obtain permission from WCCLS before attempting to attach any new equipment to the Network. I) Obtain permission from WCCLS before adding workstations that will run software applications purchased by WCCLS and licensed for use at Network Users' libraries. J) Protect Network equipment and software from abuse,theft or misuse,and assume financial responsibility for repairing or replacing damaged equipment. K) Be responsible for system security by limiting access to non-public accounts to trained, authorized staff and volunteers, using individually-assigned user logon credentials, and following security protocols and procedures as directed by WCCLS to prevent unauthorized access. Examples may be password protection,encryption of sensitive information, or locking workstations when not in use. WCCLS Information Network Agreement 5/6/2016-page 5 WCCLS Information Network Agreement 2016 L) Notify WCCLS before requesting additional services,including but not limited to domain accounts, integrated library system staff or volunteer logon accounts,workstations, and staff email accounts. M) Notify WCCLS promptly to request that a logon or staff email account be deleted to maintain system security. For example, if a Network User terminates an employee,the Network User shall promptly request that the terminated employee be deleted. N) Provide an inventory of Network Hosts in Network User's facility and connected to the Public Communications Network as needed by WCCLS. 0) Conduct an annual inventory of licenses in use by the Network User as instructed by WCCLS staff. P) Keep records and statistics when required by WCCLS to document system performance. Q) Designate at least one person as the WCCLS contact concerning use of the Network. 8. CONFIDENTIALITY OF DATA The patron and circulation records in the catalog are exempt from public disclosure pursuant to ORS 192.502(23). Network Users agree that they will not disclose patron and circulation information or patron's use of library resources and services including,but not limited to, databases, e-content and wireless access. Network Users also agree that only library staff and designated library volunteers shall have access to such records in the course of operating the system. Network Users agree to forward to WCCLS all requests for confidential data from law enforcement or other requestors in accordance with established Policies and Procedures. Network Users may use patron name and address information for library purposes as long as it is used in accordance with established Policies&Procedures. 9. COST ALLOCATION FORMULA On an annual basis,WCCLS shall calculate the Cost Allocation Formula(EXHIBIT A)based on measures of Network Users' use of the Network: integrated library system licenses, total circulation,number of titles,number of items,number of patrons, and volumes added in the fiscal year. WCCLS uses the Cost Allocation Formula to identify each Network User's percentage share of operational costs to maintain the Network if WCCLS funding ceases. Network Users that are not signatories to the Public Library Services Agreement,chiefly Tuality Health Resource Center and Oregon College of Art and Craft,shall be responsible for ten percent of their share of the cost allocation on an annual basis. These Network Users shall be notified of Network operating costs by April 1 as determined by the Cost Allocation Formula used in EXHIBIT A "Cost Allocation Formula". These Network Users shall receive an invoice from WCCLS by April 15 for the annual cost, which shall be paid by June 30. WCCLS Information Network Agreement 5/6/2016-page 6 WCCLS Information Network Agreement 2016 10. ADMISSION OF NEW NETWORK USERS THAT ARE NOT SIGNATORIES TO THE PUBLIC LIBRARY SERVICES AGREEMENT WCCLS may admit other libraries that are not signatories to the Public Library Services Agreement to the Network if WCCLS undertakes the necessary system modification to ensure continued security and performance. Admission of new Network Users shall require unanimous approval of present Network Users and the WCCLS Executive Board. New Network Users are assessed a share of operating costs for the first year of membership as determined by the WCCLS Executive Board.The"Cost Allocation Formula"in Exhibit A applies during and after the second year. 11. DEFAULT A) Each of the following shall constitute a default: 1. Material noncompliance with the terms of the Agreement or any policies or procedures adopted pursuant to this agreement; 2.Misuse of any Network resources including, but not limited to,system operating software, hardware, or telecommunications. 3. Failure to maintain system security protocols or procedures as directed by WCCLS. B) If a Network User or WCCLS defaults on the Agreement,WCCLS or the Network User or WCCLS,respectively, shall: 1. Advise the party in writing of the alleged default and any action required to cure the default; 2. Set forth a time by which the default must be cured,a minimum of thirty (30)days. C) If a Network User fails to cure the alleged default after WCCLS notifies the Network User of the alleged default,WCCLS may,following written notice to the Network User: 1. Prohibit Network User from the use of the system; 2. Take any action to cure or stop the default; 3. Recover any costs, expenses or disbursements incurred by WCCLS to cure the default; 4. Terminate this Agreement as regards the defaulting Network User. D) Notwithstanding subparagraph B,WCCLS may lock out a Network User from the system without notice in the event of an emergency involving,but not limited to,system damage or the breach of security or confidentiality of the database. 12. TERMINATION A) County may terminate this Agreement in its entirety or as to any individual Network User upon sixty (60) days written notice, if it determines, in good faith, through an open, public process,that: 1. The public interest would be served by such termination; 2. Adequate funds are not available. WCCLS Information Network Agreement 5/6/2016-page 7 WCCLS Information Network Agreement 2016 B) Each Network User may terminate this Agreement upon sixty(60) days written notice, if the Network User determines, in good faith, that the public interest in its jurisdiction or area of service would be served by such termination. C) County and each Network User may terminate this Agreement for a default by the other party that has not been cured. D) Upon termination of this Agreement as to any individual Network User, this Agreement between remaining Parties shall remain in effect. E) Except for termination under subparagraph A, the Network User shall be responsible for payment of any costs, expenses, or disbursements incurred by WCCLS to remove or otherwise mask Network User's data from the system on termination. 13. INSURANCE A) County and each Network User shall maintain comprehensive general liability insurance or adequate reserves in a program of self-insurance covering personal injury and property damage for the Network User, its employees and agents. The insurance coverage shall cover the minimum amount specified in ORS 30.271. For Network Users who are not units of local government, certification of insurance shall be provided to WCCLS and all such insurance coverage shall name Washington County, its officers, employees and agents as additional insureds. B) WCCLS shall maintain insurance adequate to cover the replacement of the central site equipment including but not limited to central hardware, telecommunications equipment and uninterruptible power supply. The insurance coverage shall be for a minimum of$600,000. C) Network Users shall maintain insurance adequate to cover the replacement of the telecommunications and security equipment owned by WCCLS and housed at Network User's site. 14. COMPLIANCE WITH APPLICABLE LAWS The Parties shall comply with all local, state, and federal ordinances, statutes, laws and regulations that are applicable to the services provided under this Agreement. A) E ival Opnortunity Network User shall not discriminate against its employees (including applicants for employment)on the basis of race, color, religion, gender, sexual orientation, national origin, disability, age, or marital status except in case of bona fide occupational qualifications as defined and provided by applicable federal or state law. No person shall be denied or subjected to discrimination in receipt of the benefits of any services or activities made possible by or resulting from this Agreement on the grounds of race,color,religion, gender, sexual orientation,national origin,disability, age, or marital status. Any violation of this provision shall be grounds for cancellation,termination or suspension of the Agreement, in whole or in part,by County. WCCLS Information Network Agreement 5/6/2016-page 8 • WCCLS Information Network Agreement 2016 B) Public Contracting Statutes ORS 279B.200 through 279B.240 and 279C.500 through 279C.870,as applicable,are incorporated herein by reference. The Contractor agrees to: 1. Make payment promptly, as due,to all persons supplying,to Contractor,labor or material for the performance of the work provided for in this Agreement; 2. Pay all contributions or amounts due the Industrial Accident Fund incurred in the performance of the Agreement: 3. Not permit any lien or claim to be filed or prosecuted against the County on account of any labor or material furnished pursuant to this Agreement;and 4. Pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. 15. INDEMNIFICATION Each party agrees to hold harmless, defend, and indemnify each other, including its officers, agents, and employees,against all claims,demands,actions and suits (including all attorney fees and costs) arising from the indemnitor's performance of this Agreement where the loss or claim is attributable to the negligent acts or omissions of that party. If the indemnifying party is a unit of local government, such indemnification shall be subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS 30.260 to 30.302,and the Oregon Constitution. 16. DEBT LIMITATION This Agreement is expressly subject to the debt limitation of Oregon Counties set forth in Article Xi, Section 10 of the Oregon Constitution, and is contingent upon appropriation of funds therefor. 17. INDEPENDENT CONTRACTOR Each party is an independent contractor with respect to each other party and has no control over the work performed by the other. No party is an agent or employer of another party. No party or its employees is entitled to participate in a pension plan,insurance,bonus, or similar benefits provided by any other party. 18. NOTICE Each party shall give the other immediate written notice of any action or suit filed or any claim made against that party that may result in litigation in any way related to this Agreement. 19. COUNTERPARTS This Agreement may be executed in several counterparts,each of which shall be an original, all of which shall constitute but one and the same instrument. WCCLS Information Network Agreement 5/6/2016-page 9 WCCLS Information Network Agreement 2016 20. CAPTIONS Captions and headings used in this Agreement are for convenience only and shall not be construed or interpreted so as to enlarge or diminish the rights or obligations of the parties hereto. 21. SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this Agreement is, for any reason, held invalid or unconstitutional by a court of competent jurisdiction,such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Agreement unless the result of the holding is a failure of consideration of any Party. 22. AMENDMENT This Agreement may only be amended in writing and signed by all of the Parties. FOR THE NETWORK USER: FOR , HI G ON COUNTY: _A/1/161,1, - _ Rob Mesar Signature Signature ( Marta �� Asst.County Administrator Title Title (D-20. 20((0 2t (I -b Date Date APPROVED AS TO FORM: County Counsel WCCLS Information Network Agreement 5/6/2016-page 10 AIS-4654 3. D. Business Meeting Meeting Date: 05/11/2021 Length (in minutes): Consent Item Agenda Title: Consider Contract Award for 2021 Pavement Management Program Preventative Maintenance Prepared For: Christine Moody Submitted By: Jamie Greenberg, Finance and Information Services Item Type: Motion Requested Meeting Type: Consent Agenda - LCRB Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE The Local Contract Review Board will consider awarding a contract for the preventative maintenance (slurry seal) portion of the city's Summer 2021 Pavement Management Program to Blackline, Inc. STAFF RECOMMENDATION / ACTION REQUEST Staff recommends the Local Contract Review Board award a contract for the Summer 2021 Pavement Management Program Preventative Maintenance project to Blackline, Inc. in the amount of$402,402.42 and further authorize the City Manager to take the necessary steps to execute the contract. KEY FACTS AND INFORMATION SUMMARY The annual Pavement Management Program (PMP) protects the city's investment in street infrastructure. The program typically includes a combination of minor maintenance projects (slurry seal applications) and major maintenance and rehabilitation projects (pavement overlays). In a preventative maintenance, or slurry seal, project, a coating of oil mixed with sand is applied to the surface of the street as cost-effective means of pavement preservation. Slurry seals typically add 5 to 10 years of pavement life for a street. Work under a slurry seal project includes: •Application of slurry seal on residential streets •Application of pavement striping and markings on residential streets •Temporary signage, protection, and traffic control •Installation of crack seal on city streets •Performance of additional and incidental work as called for by the specifications and plans. The city issued an Invitation to Bid for city's 2021 slurry seal project in late March 2021 and published a notice in the Daily Journal of Commerce At closing on April 7th, the city received bids from three vendors: •Blackline, Inc. - $402,402.42 •VSS International, Inc. - $497,325 •Doolittle Construction, LLC - $507,373.02 •Intermountain Slurry Seal, Inc. - $501,501 •Engineer's Estimate -5541,270.25 Staff has reviewed the bids and determined that Blackline, Inc. has submitted the lowest responsible bid. Blackline, Inc. has no Oregon Contractor Construction Board violations that would preclude them from being awarded the bid and they are not on the Bureau of Labor and Industries ineligible list for Prevailing Wage Rate projects. As such, staff recommends an award for the city's PMP slurry seal contract to Blackline Inc. in the amount of$402,402.42. This amount is within the FY 2022 proposed budget for total PMP work for the year. OTHER ALTERNATIVES The Local Contract Review Board may reject this contract award recommendation and direct staff to rescope and resolicit for the work. This would likely result in a higher cost as other agencies begin to absorb contractor capacity for their annual street infrastructure work. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION This is the first time the Local Contract Review Board has discussed this potential contract. Fiscal Impact Cost: 402,402.42 Budgeted (yes or no): Proposed Where budgeted?: Street Maintenance Fund Additional Fiscal Notes: Attachments No file(s) attached. AIS-4518 4. Business Meeting Meeting Date: 05/11/2021 Length (in minutes): 30 Minutes Agenda Title: Public Hearing: Consider Resolution Amending the Master Fees and Charges Schedule related to Water Rates Prepared For: John Goodrich Submitted By: John Goodrich, Public Works Item Type: Motion Requested Meeting Type: Council Resolution Business Public Hearing - Meeting - Informational Main Public Hearing No Newspaper Legal Ad Required?: Public Hearing Publication Date in Newspaper: Information ISSUE The Tigard City Council may amend the City's Master Fees and Charges Schedule to implement the recommendations of the 2020 Water Utility Cost of Service Analysis Study and Water Rate Study. STAFF RECOMMENDATION / ACTION REQUEST Adopt the resolution amending the Master Fees and Charges Schedule as proposed. KEY FACTS AND INFORMATION SUMMARY Introduction The City provides water utility services to the Tigard Water Service Area (TWSA), delivering safe and reliable drinking water to the cities of Tigard, Durham, and King City, and the Tigard Water District (West Bull Mountain area of Washington County). The city recently completed a Cost of Service Analysis (COSA) and Water Rate Study for the Water Utility Division of the Public Works Department. This study was conducted by the city's financial consultant FCSG. As a best practice for financial management of the utility, it is recommended to conduct rate studies on a routine basis. The outcome of this analysis determined that the utility needs to increase revenues by two percent each year in order to maintain financial stability while completing a number of major community investments in water capital expenditures over the next six years. Proposed Rate Structure Staff and consultant conducted several workshops with council to share findings and receive council guidance on designing water rates. Based on the recommendations of the study and guidance from council, the water utility is rebalancing cost recovery by creating a separate "base class" (fixed fee) for Single Family Residential customers through a uniform fee for all meter sizes within this classification. The tiered thresholds will also be uniform for all meter sizes within this classification, and the consumption use charges are designed to encourage water conservation. Single Family Residential customers in the higher elevation zones will also pay a uniform booster fee for all meter sizes. All other customer class base charges will be determined by meter size and tiered thresholds if applicable. Other proposed changes based on the study are: •Aligning booster fees to energy costs associated with pumping to higher elevation zones; •Phasing in rate increases over the next four years to align customers to their water system capacity use; • Changing Multiple Unit Residential customers consumption charges to a uniform consumption rate (previously tiered rates). The city's cost of service analysis and water rate study follow guidance from the American Water Works Association (AWWA) and the provisions of Tigard Municipal Code Chapter 3 - City Fees and Charges. The key principles of COSA are to match the costs of providing service to customer classes and to design rates to equitably and equally recover costs. The COSA considers maintaining revenue adequacy while using rate design that is fair and equitable for cost recovery. In summary, the key drivers of financial planning that guided this project were equity, conservation, and financial stability. Authority Tigard Municipal Code 3.32.020 states: "The Tigard City Council has the authority to review and adopt by resolution rates for fees and charges reasonably related to the city's cost of service. The city manager may set interim fees and charges pending adoption of a city council resolution." Other Information The COSA and Water Rate Study project findings and recommendations were provided to the Water Advisory Board (WAB) on February 10, 2021 during their regular meeting. WAB also is scheduled to meet on May 5, 2021 to review the proposed amendments to the Master Fees and Charges Schedule as provided for council consideration. Staff Request Staff is requesting that Council make a motion to adopt a resolution to amend the City's Master Fees and Charges Schedule as proposed. The proposed amended fees and charges implement the guidance that council provided to staff, will be effective July 1, 2021, and sets water rates over the next several years to implement the changes necessary to align and rebalance cost recovery. OTHER ALTERNATIVES Council could determine not to make a motion to adopt a resolution based on the proposed water rates and rebalance. Staff would request further guidance on what actions council would be favorable to. There would also be a delay in setting rates by July 1, 2021 should council wish to not take action for this council item. COUNCIL OR TCDA GOALS, POLICIES, MASTER PLANS City Council adopted the 2020 Water System Master Plan on December 8, 2020. Tigard Municipal Code Title 3 Revenue and Finance provides requirements under Section 3.32 for City fees and charges. DATES OF PREVIOUS CONSIDERATION Council was briefed during workshop sessions on July 21, 2020, February 16, 2021, March 16, 2021 and April 20, 2021. These workshop sessions provided information on the findings and recommendations of the Water Cost of Service Analysis (COSA) and Rate Study project, and provided council discussion and guidance for implementing the rebalance of cost recovery through water utility rates. Fiscal Impact Cost: 80,000 Budgeted (yes or no): Yes Where Budgeted (department/program):Water Additional Fiscal Notes: Water Cost of Service Analysis and Water Rate Study is in the adopted FY 2021 Budget as 530.6500.54001. Attachments Water Revenue Presentation Resolution to Amend Water Fees and Charges Exhibit A Water Utility Revenue Requirement, Cost of Service Analysis, and Rate Design Study Presented to the Tigard City Council Tuesday, May 11 , 2021 air. Fiv:Nured by FCS Group • FCS GROUP Solutions-Oriented Consulting ❖> Council Policy Direction Booster charges Use cost of service recommendations Charge a uniform rate to single-family customers Will not escalate during phase-in (consistent with current practice) Single-family fixed charges Charge a uniform base rate to single-family customers Multi-family volume charges Consumption charge using a uniform volume rate Cost-of-service adjustments Phase in over time as originally presented FCS GROUP Slide 2 ❖> Rate Schedule : Booster Charge Existing FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Effective 1/1/2021 7/1/2021 7/1/2022 7/1/2023 7/1/2024 7/1/2025 Overall Water Rate Increase 2.19% 2.19% 2.22% 2.15% 1.76% Booster Charge Single-Family Residential $2.03 $2.03 $2.03 $2.03 $2.03 Other Classes by Meter: 5/8"x 3/4" $5.15 $1.49 $1.49 $1.49 $1.49 $1.49 3/4"x 3/4" 7.42 2.24 2.24 2.24 2.24 2.24 1" 13.72 3.74 3.74 3.74 3.74 3.74 11/2" 41.16 7.47 7.47 7.47 7.47 7.47 2" 66.82 11.96 11.96 11.96 11.96 11.96 3" 117.83 23.91 23.91 23.91 23.91 23.91 4" 241.65 37.36 37.36 37.36 37.36 37.36 6" 257.23 74.73 74.73 74.73 74.73 74.73 8" 411.57 119.56 119.56 119.56 119.56 119.56 10" 804.11 171.87 171.87 171.87 171.87 171.87 12" 1,157.91 252.21 252.21 252.21 252.21 252.21 FCS GROUP Slide 3 ❖> Rate Schedule : Fixed Charge Existing FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Effective 1/1/2021 7/1/2021 7/1/2022 7/1/2023 7/1/2024 7/1/2025 Overall Water Rate Increase 2.19% 2.19% 2.22% 2.15% 1.76% Fixed Charge Single-Family Residential $31.67 $32.31 $32.95 $33.61 $33.95 Fire Rates (Sprinklers)by Meter: 6" $19.30 $22.58 $26.42 $30.91 $36.17 $42.31 8" 25.53 29.87 34.95 40.89 47.84 55.97 Other Classes by Meter: 5/8"x 3/4" $30.31 $31.67 $32.31 $32.95 $33.61 $33.95 3/4"x 3/4" 43.66 45.62 46.54 47.47 48.42 48.90 1" 68.00 71.06 72.48 73.93 75.41 76.16 1 1/2" 179.58 187.66 191.41 195.24 199.15 201.14 2" 291.37 304.48 310.57 316.78 323.12 326.35 3" 573.52 599.33 611.31 623.54 636.01 642.37 4" 1,089.42 1,138.44 1,161.21 1,184.44 1,208.13 1,220.21 6" 1,221.52 1,276.49 1,302.02 1,328.06 1,354.62 1,368.17 8" 1,907.78 1,993.63 2,033.50 2,074.17 2,115.66 2,136.81 10" 3,520.32 3,678.73 3,752.31 3,827.36 3,903.90 3,942.94 12" 4,981.02 5,205.17 5,309.27 5,415.45 5,523.76 5,579.00 FCS GROUP Slide 4 ❖> Rate Schedule : Usage Charge Existing FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Effective 1/1/2021 7/1/2021 7/1/2022 7/1/2023 7/1/2024 7/1/2025 Overall Water Rate Increase 2.19% 2.19% 2.22% 2.15% 1.76% Tier 1 Usage Charges by Class per CCF Single-Family Residential $3.92 $4.41 $4.50 $4.59 $4.68 $4.77 Multi-Family Residential 3.26 4.37 4.59 4.82 5.01 5.21 Commercial 4.46 4.46 4.53 4.59 4.66 4.71 Industrial 6.21 6.21 6.21 6.21 6.21 6.21 Irrigation 8.81 8.81 8.81 8.81 8.81 8.81 Fire(bulk water sales) 8.81 10.31 12.06 14.11 16.51 19.32 Tier 2 Usage Charges by Class per CCF Single-Family Residential $5.72 $6.44 $6.56 $6.69 $6.83 $6.97 Multi-Family Residential 4.77 4.37 4.59 4.82 5.01 5.21 Commercial 6.50 6.50 6.60 6.70 6.80 6.86 Industrial - - - - - - Irrigation - - - - - - Fire(bulk water sales) - - - - - - Tier 3 Usage Charges by Class per CCF Single-Family Residential $6.55 $7.37 $7.52 $7.67 $7.82 $7.98 Multi-Family Residential 5.46 4.37 4.59 4.82 5.01 5.21 Commercial 7.43 7.43 7.54 7.65 7.77 7.85 Industrial - - - - - - Irrigation - - - - - - Fire(bulk water sales) - - - - - - FCS GROUP Slide 5 ❖> Tier Thresholds • Tier 2 Tier 3 Threshold Threshold Single-Family Residential 6 15 Other Classes by Meter: 5/8" x 3/4" 6 15 3/4" x 3/4" 9 22 1" 16 40 1 1/2" 48 120 2" 78 195 3" 137 344 4" 282 705 6" 300 750 8" 480 1 ,200 10" 938 2,345 12" 1 ,350 3,376 FCS GROUP Slide 6 Thank y ou ! Questions? Doug Gabbard — Project Manager (503) 252-3001 DougG@fcsgroup.com www.fcsgroup.com 4• FCS GROUP Solutions-Oriented Consulting CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 21- A RESOLUTION AMENDING THE MASTER FEES AND CHARGES RELATED TO WATER UTILITY SERVICES. WHEREAS, The City of Tigard is the managing authority and water provider for the Tigard Water Service Area (TWSA). The TWSA includes the residents of Durham, King City, four-fifths of Tigard, and the Tigard Water District(Unincorporated Washington County);and WHEREAS, the Tigard Municipal Code, Chapter 12.10.140 Water Rates, states all rates, fees and charges shall be set by resolution of the Tigard City Council;and WHEREAS,the City Council adopted fees and charges for water utility services in June 2020 as part of the FY 2021 budget,with rates effective January 1,2021;and WHEREAS, the City's Public Works Department conducted a cost of service analysis and water rate study in March 2021 for water utility services;and WHEREAS, the City Council reviewed the findings of the water cost of service analysis and rate study during workshops on February 16,2021,March 16,2021,and April 20,2021;and WHEREAS, the Water Advisory Board (WAB) reviewed the findings of the water cost of service analysis and rate study during their regular meeting held February 10, 2021 and special meeting held March 10,2021. WAB members recommendations were provided to the Council for consideration. WHEREAS,water utility fees and charges revisions are necessary to meet the revenues required to fund water supply,operations,maintenance, debt service,and capital investments of the water utility as provided in the cost of service analysis and rate study. WHEREAS, the Tigard City Council finds it is in the Tigard Water Service Area's interest to revise water rates and fees as proposed effective July 1,2021. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: The Master Fees and Charges for the City of Tigard are amended as shown in the attached schedule (Exhibit A). SECTION 2: This resolution is effective immediately upon passage. PASSED: This day of 2021. RESOLUTION NO.21- Page 1 Mayor-City of Tigard ATTEST: City Recorder-City of Tigard RESOLUTION NO.21- Page 2 Department Revenue Source Fee or Charge Effective Date PUBLIC WORKS-UTILITIES Booster Pump Chargee Customer Classification Single-Family Residential $2.03 /monthly 7/1/2021 Meter Size (diameter inches) 5/8 x 3/4 5 /monthly 1/1/2015 5/8 x 3/4 $1.49 /monthly 7/1/2021 3/4 x 3/4 $742 /monthly 1/1/2015 3/4 x 3/4 $2.24 /monthly 7/1/2021 1 $13.72 /monthly 1/1/2015 1 $3.74 /monthly 7/1/2021 1.5 $11.16 /monthly 1/1/2015 1.5 $7.47 /monthly 7/1/2021 2 $66.82 /monthly 1/1/2015 2 $11.96 /monthly 7/1/2021 3 $117.83 /monthly 1/1/2015 3 $23.91 /monthly 7/1/2021 4 $241.65 /monthly 1/1/2015 4 $37.36 /monthly 7/1/2021 6 $257.23 /monthly 1/1/2015 6 $74.73 /monthly 7/1/2021 8 $411.57 /monthly 1/1/2015 8 $119.56 /monthly 7/1/2021 10 $804.11 /monthly 1/1/2015 10 $171.87 /monthly 7/1/2021 12 $1,157.91 /monthly 1/1/2015 12 $252.21 /monthly 7/1/2021 Customer Charge (Basic fee charged to customers to have the City deliver water.) Customer Classification Single-Family Residential $31.67 /monthly 7/1/2021 $32.31 /monthly 7/1/2022 $32.95 /monthly 7/1/2023 $33.61 /monthly 7/1/2024 $33.95 /monthly 7/1/2025 Meter Size(diameter inches) Page 1 Department Revenue Source Fee or Charge Effective Date 5/8 x 3/4 $30.31 /monthly 1/1/2021 5/8 x 3/4 $31.67 /monthly 7/1/2021 5/8 x 3/4 $32.31 /monthly 7/1/2022 5/8 x 3/4 $32.95 /monthly 7/1/2023 5/8 x 3/4 $33.61 /monthly 7/1/2024 5/8 x 3/4 $33.95 /monthly 7/1/2025 3/4 x 3/4 $13.66 /monthly 1/1/2021 3/4 x 3/4 $45.62 /monthly 7/1/2021 3/4 x 3/4 $46.54 /monthly 7/1/2022 3/4 x 3/4 $47.47 /monthly 7/1/2023 3/4 x 3/4 $48.42 /monthly 7/1/2024 3/4 x 3/4 $48.90 /monthly 7/1/2025 1 $68.00 /monthly 1/1/2021 1 $71.06 /monthly 7/1/2021 1 $72.48 /monthly 7/1/2022 1 $73.93 /monthly 7/1/2023 1 $75.41 /monthly 7/1/2024 1 $76.16 /monthly 7/1/2025 1.5 $179.58 /monthly 1/1/2021 1.5 $187.66 /monthly 7/1/2021 1.5 $191.41 /monthly 7/1/2022 1.5 $195.24 /monthly 7/1/2023 1.5 $199.15 /monthly 7/1/2024 1.5 $201.14 /monthly 7/1/2025 2 $291.37 /monthly 1/1/2021 2 $304.48 /monthly 7/1/2021 2 $310.57 /monthly 7/1/2022 2 $316.78 /monthly 7/1/2023 2 $323.12 /monthly 7/1/2024 2 $326.35 /monthly 7/1/2025 3 $573.52 /monthly 1/1/2021 3 $599.33 /monthly 7/1/2021 3 $611.31 /monthly 7/1/2022 3 $623.54 /monthly 7/1/2023 Page 2 Department Revenue Source Fee or Charge Effective Date 3 $636.01 /monthly 7/1/2024 3 $642.37 /monthly 7/1/2025 4 $1,089.12 /monthly 1/1/2021 4 $1,138.44 /monthly 7/1/2021 4 $1,161.21 /monthly 7/1/2022 4 $1,184.44 /monthly 7/1/2023 4 $1,208.13 /monthly 7/1/2024 4 $1,220.21 /monthly 7/1/2025 6 $1,221.52 /monthly 1/1/2021 6 $1,276.49 /monthly 7/1/2021 6 $1,302.02 /monthly 7/1/2022 6 $1,328.06 /monthly 7/1/2023 6 $1,354.62 /monthly 7/1/2024 6 $1,368.17 /monthly 7/1/2025 8 $1,907.78 /monthly 1/1/2021 8 $1,993.63 /monthly 7/1/2021 8 $2,033.50 /monthly 7/1/2022 8 $2,074.17 /monthly 7/1/2023 8 $2,115.66 /monthly 7/1/2024 8 $2,136.81 /monthly 7/1/2025 10 $3,520.32 /monthly 1/1/2021 10 $3,678.73 /monthly 7/1/2021 10 $3,752.31 /monthly 7/1/2022 10 $3,827.36 /monthly 7/1/2023 10 $3,903.90 /monthly 7/1/2024 10 $3,942.94 /monthly 7/1/2025 12 $1,981.02 /monthly 1/1/2021 12 $5,205.17 /monthly 7/1/2021 12 $5,309.27 /monthly 7/1/2022 12 $5,415.45 /monthly 7/1/2023 12 $5,523.76 /monthly 7/1/2024 12 $5,579.00 /monthly 7/1/2025 Final Notification Process Fee $10.00 /per instance 10/19/2016 Page 3 De.artment Revenue Source Fee or Char.e Effective Date Fire Hydrant Flow Test $400.00 /test 7/1/2018 Fire Hydrant Usage-Temporary 3"hydrant meter deposit* $650.00 9/1/2002 *Deposit is refundable if returned in good condition Hook-up service $50.00 2/27/2001 Continued use $50.00 /month 2/27/2001 Consumption Currcnt irrigation water usage rate 9/1/2002 per 100 cubic feet of water uscd $10.31 /100 cubic feet of water 7/1/2021 $12.06 /100 cubic feet of water 7/1/2022 $14.11 /100 cubic feet of water 7/1/2023 $16.51 /100 cubic feet of water 7/1/2024 $19.32 /100 cubic feet of water 7/1/2025 Fire Rates(Snrinklersl 6"or smaller $20.58 /month 1/1/2021 $22.58 /monthly 7/1/2021 $26.42 /monthly 7/1/2022 $30.91 /monthly 7/1/2023 $36.17 /monthly 7/1/2024 $42.31 /monthly 7/1/2025 8" or larger $27.22 /month 1/1/2021 $29.87 /monthly 7/1/2021 $34.95 /monthly 7/1/2022 $40.89 /monthly 7/1/2023 $47.84 /monthly 7/1/2024 $55.97 /monthly 7/1/2025 Fire Service Connection $1,700 /+ 12%fee based on construction costs. 7/1/2019 $1,717 /+ 12%fee based on construction costs. 1/1/2021 Meter Disconnection Actual labor and material costs+ 10% 9/1/2002 Page 4 Department Revenue Source Fee or Charge Effective Date Meter Installation Fees 5/8"x 3/4"Meter $405.00 7/1/2018 3/4"x 3/4"Meter $463.00 7/1/2018 1"Meter $636.00 7/1/2018 1 1/2"Meter $983.00 7/1/2018 2"Meter $1,272.00 7/1/2018 3"or more Meter Actual labor&materials+ 10% 9/1/2011 Meter Out-of-Order Test Meter calibration cost+actual labor 9/1/2002 and material costs+ 10% Sanitary Sewer Service(Fee set by Clean Water Services\ (City receives 20%of fees collected) Base Charge $31.61 /dwelling unit/month 7/1/2019 Use Charge $2.09 /100 cubic feet/month for 7/1/2019 individual customer winter average Tigard Sewer Surcharge $2.42 /dwelling unit/month 1/1/2021 Service Installation Fees Single Trench-Single Residential Service $3,815.00 includes labor&materials 7/1/2018 1 1/2"Meter and greater Actual labor and material costs+ 10% 10/1/2011 Storm and Surface Water(Fee set by Clean Water Services)_ (City retains 75%of Service Charge fees collected) (City retains 100%of its Surcharge fees collected) Service Charge $9.25 /ESU/month 7/1/2019 Tigard Stormwater Surcharge $5.50 /ESU/month 1/1/2021 Water After Hours Emergency Turn On Service* $65.00 7/1/2017 *Service Hours Outside of Monday through Friday 8:00 am-5:00 pm Water Bacteriological Oualitv Testing Cost per test $80.00 7/1/2018 Water Disconnection Charge for Non-nay ment During business hours $50.00 2/27/2001 Water Line Construction-New Development 12%of Actual Cost 2/27/2001 Water Main Extension Designed and installed by others 12%of Actual Cost 9/1/2002 Water Usage Charges Residential Page 5 Department Revenue Source Fee or Charge Effective Date Tier 1 $-3-92 /100 cubic fcct of water 1/1/2021 $4.41 /100 cubic feet of water 7/1/2021 $4.50 /100 cubic feet of water 7/1/2022 $4.59 /100 cubic feet of water 7/1/2023 $4.68 /100 cubic feet of water 7/1/2024 $4.77 /100 cubic feet of water 7/1/2025 Tier 2 $5,72 /100 cubic feet of water 1/1/2021 $6.44 /100 cubic feet of water 7/1/2021 $6.56 /100 cubic feet of water 7/1/2022 $6.69 /100 cubic feet of water 7/1/2023 $6.83 /100 cubic feet of water 7/1/2024 $6.97 /100 cubic feet of water 7/1/2025 Tier 3 $6,55 /100 cubic feet of water 1/1/2021 $7.37 /100 cubic feet of water 7/1/2021 $7.52 /100 cubic feet of water 7/1/2022 $7.67 /100 cubic feet of water 7/1/2023 $7.82 /100 cubic feet of water 7/1/2024 $7.98 /100 cubic feet of water 7/1/2025 Multi-Family Tier 1 $2,26 /100 cubic feet of water 1/1/2021 Tier 2 $4,77 /100 cubic feet of water 1/1/2021 Tier 3 $5,46 /100 cubic feet of water 1/1/2021 Uniform Rate $4.37 /100 cubic feet of water 7/1/2021 $4.59 /100 cubic feet of water 7/1/2022 $4.82 /100 cubic feet of water 7/1/2023 $5.01 /100 cubic feet of water 7/1/2024 $5.21 /100 cubic feet of water 7/1/2025 Commercial Tier 1 $4:46 /100 cubic feet of water 1/1/2021 $4.46 /100 cubic feet of water 7/1/2021 $4.53 /100 cubic feet of water 7/1/2022 $4.59 /100 cubic feet of water 7/1/2023 $4.66 /100 cubic feet of water 7/1/2024 $4.71 /100 cubic feet of water 7/1/2025 Tier 2 $6-50 /100 cubic feet of water 1/1/2021 $6.50 /100 cubic feet of water 7/1/2021 $6.60 /100 cubic feet of water 7/1/2022 $6.70 /100 cubic feet of water 7/1/2023 $6.80 /100 cubic feet of water 7/1/2024 $6.86 /100 cubic feet of water 7/1/2025 Tier 3 $743 /100 cubic feet of water 1/1/2021 Page 6 Department Revenue Source 11. Fee or Charge .i Effective Date $7.43 /100 cubic feet of water 7/1/2021 $7.54 /100 cubic feet of water 7/1/2022 $7.65 /100 cubic feet of water 7/1/2023 $7.77 /100 cubic feet of water 7/1/2024 $7.85 /100 cubic feet of water 7/1/2025 Industrial Uniform Rate $6.21 /monthly 1/1/2021 Irrigation Uniform Rate $8.81 /monthly 1/1/2021 Tiered Rate Structure Thresholds(100 cubic feet of water) Customer Classification Single-Family Residential Tier 1 6 ccf 7/1/2021 Tier 2 15 ccf 7/1/2021 Tier 3 over 15 ccf 7/1/2021 Meter Size 5/8 x 3/4 Tier 1 6 ccf Tier 2 15 ccf Tier 3 over 15 ccf Page 7 Department Revenue Source Fee or Charge Effective Date 3/4 x 3/4 Tier 1 9 ccf Tier 2 22 ccf Tier 3 over 22 ccf 1 Tier 1 16 ccf Tier 2 40 ccf Tier 3 over 40 ccf 1.5 Tier 1 48 ccf Tier 2 120 ccf Tier 3 over 120 ccf 2 Tier 1 78 ccf Tier 2 195 ccf Tier 3 over 195 ccf 3 Tier 1 137 ccf Tier 2 344 ccf Tier 3 over 344 ccf 4 Tier 1 282 ccf Tier 2 705 ccf Tier 3 over 705 ccf 6 Tier 1 300 ccf Tier 2 750 ccf Tier 3 over 750 ccf 8 Tier 1 480 ccf Tier 2 1,200 ccf Tier 3 over 1,200 ccf 10 Tier 1 938 ccf Tier 2 2,345 ccf Tier 3 over 2,345 ccf 12 Tier 1 1,350 ccf Tier 2 3,376 ccf Tier 3 over 3,376 ccf Page 8 De.artment Revenue Source Fee or Char.e Effective Date Street Maintenance Fee (TMC 15.20) Monthly Residential Rate-Single and Multi-Family $6.83 /unit 1/1/2019 $7.30 /unit 1/1/2021 Monthly Non-Residential Rate $2.24 /per min required parking space 1/1/2019 $2.39 /per min required parking space 1/1/2021 Staff Review No Charge City Council Written Appeal Filing Fee $300.00 Tigard Transportation Utility Fee(River Terrace) $5.00 /month 10/1/2016 Meter Maintenance Fee(TMC 12.01) $50.00 per required service 7/1/2018 Page 9 AIS-4589 5. Business Meeting Meeting Date: 05/11/2021 Length (in minutes): 15 Minutes Agenda Title: Quasi Judicial Public Hearing: Consider Approval of Froude Annexation (ZCA2021-00002) Prepared For: Lina Smith, Community Development Submitted By: Lina Smith, Community Development Item Type: Motion Requested Meeting Type: Council Ordinance Business Public Hearing - Quasi Judicial Meeting - Main Public Hearing: Yes Publication Date: Information ISSUE Council may consider adopting an ordinance to annex two (2) properties located at 12200 SW Bull Mountain Road (WCTM 2S110BC, Tax Lot 1300 and WCTM 2S110CB, Tax Lot 1800) into the City of Tigard? No new development is proposed on the subject properties at this time. STAFF RECOMMENDATION / ACTION REQUEST The Planning Commission recommends City Council approve the proposed Froude Annexation (ZCA2021-00002) by adoption of the attached ordinance. KEY FACTS AND INFORMATION SUMMARY The subject properties (12200 SW Bull Mountain Road; WCTM 2S110BC, Tax Lot 1300 and WCTM 2S110CB, Tax Lot 1800) are located on the south side of SW Bull Mountain Road and the north side of SW Beef Bend Road, west of SW Pacific Highway (Highway 99W). The properties are also located directly north of the City of Tigard's boundary with King City. Tax Lot 1300 contains an existing single detached house at the northern end of the property, and Tax Lot 1800 is vacant and undeveloped. As defined by Washington County Land Use Districts, the subject properties are zoned R-6 (Residential 6 units per acre), and upon approval of this proposed annexation, the properties will be zoned R-7 (Medium-Density Residential), under City of Tigard designations. The applicant is not proposing any new development on the subject properties at this time. On April 5, 2021, Planning Commission held a virtual public hearing to consider this application for annexation (Case No. ZCA2021-00002). No public testimony was received at the hearing. After a brief deliberation, Planning Commission unanimously recommended approval of this annexation to City Council. OTHER ALTERNATIVES Adopt findings to deny the application. COUNCIL GOALS, POLICIES, APPROVED MASTER PLANS N/A DATES OF PREVIOUS COUNCIL CONSIDERATION N/A Attachments PowerPoint Ordinance Exhibit A Exhibit B Exhibit C CITY OF TIGARD Respect and Care I Do the Right Thing I Get it Done Froude Annexation ZCA2O21-00002 Presented to Tigard City Council I May 11, 2021 CITY OF TIGARD • R-1 R-2 Zoning Map • .- City of Tigard. Oregon • Generalized Zoning Categories • M Subject Site - A Zoning Classifications R-Y, .r,.r.i ar•; r. __ ElR-1Reidential Low-0ensrty •----- ^1 0 R-2 Rendential Low-0ensrty I ❑R-3.5 Recd ant la I Low-0ensrty ❑R-4 5 Rind ent is l Low-N ensrty 1 0 R-7 Rendential Medium-❑ensrty • Li R-12 R end ent i a l M ed iu m-Density ©R-25 Residential . • Medium-High-Censrty HO R40 Resident Huy R-7 n Ml1R-1 Mweda Use Resh-Censrtidential1 •MUR-2 Wed Use Residentia l2 i I4 f MU-CBD Mwed Use Central Bus Cut --/"+ � - SGC Community Commercial • ■C-G General Commercial .7 ____ / J C C-N Neighborhood Commercial _� El GP P rofessiona l Co mmeroial • 11 t' + E N Ml1C Mw ed Use Co mmeroial ,11 •` - t/. / •MUC-1Mwed Use Commeroiall , _I j -Jf frr✓ 1 . ..----;---2 ---i '''''`M..:i1a11,::::::::N.F,r1,1E.1.1;''''' 6-114 P pr <,,`4. �4�1'vl' ®❑ ate r. v q�. �a G� / Sde 0.07 Alda • I King ._a ,.1 �� /�^~ PA RTM f NT • C I t]I ------4 o� 11 NI,orvr'o'wrCnyNT rof Tigard • �' JJ//,,q �:'o'S�,o- `'.•1 1 3125 SW Hall Blvd [ { 40 7 ' , -.�' .�.' Tiga rd.OR 97223 � �l� , ?, • v�,. • . ,Th--fti Map Cr<�ed [503]539-4171 TIGAIt❑ `--y - ,%/I � ] •- / Call&27c1 www 1iga rd-or gov CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 21- AN ORDINANCE ANNEXING TWO (2) PARCELS OF LAND TOTALING APPROXIMATELY 11.26 ACRES AND ONE-HALF OF THE ADJOINING SW BEEF BEND ROAD RIGHT-OF-WAY, APPROVING THE FROUDE ANNEXATION(ZCA2021-00002),AND WITHDRAWING PROPERTIES FROM THE TIGARD WATER DISTRICT, WASHINGTON COUNTY ENHANCED SHERIFF'S PATROL DISTRICT,AND WASHINGTON COUNTY URBAN ROAD MAINTENANCE DISTRICT. WHEREAS,the City of Tigard is authorized by ORS 222.120(4)(b),ORS 222.125,and ORS 222.170(1) to annex contiguous territory upon receiving written consent from owners of land in the territory proposed to be annexed; and WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw properties which currently lie within the boundaries of the Tigard Water District,Washington County Enhanced Sheriffs Patrol District,and Washington County Urban Road Maintenance District upon completion of the annexation; and WHEREAS, the Tigard Planning Commission held a public hearing on April 5, 2021, and Tigard City Council held a public hearing on May 11, 2021, to consider the annexation of two (2) parcels of land consisting of Washington County Tax Map (WCTM) 2S110BC, Tax Lot 1300, and WCTM 2S110CB, Tax Lot 1800 and adjoining right-of-way,and withdrawal of said parcels and adjoining right-of-way from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District;and WHEREAS, pursuant to Metro 3.09, ORS 222.120, and 222.524, notice was given and the City held two (2) public hearings on the issue of annexation into the City on April 5,2021 and May 11,2021; and WHEREAS,pursuant to ORS 222.524,the City must declare the withdrawal of the annexed properties from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District;and WHEREAS, the Tigard Community Development Code states that upon annexation, the zone is automatically changed to the City zoning which most closely implements the City's comprehensive plan map designation,or to the City designations which are the most similar;and WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09, and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan, and the annexation substantially addresses the standards in Metro 3.09 regulating annexations; and WHEREAS,the Tigard City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed properties from the applicable service districts is in the best interest of the City of Tigard. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the subject parcels and adjoining right-of-way as described and shown in the attached Exhibits "A" and "B", and withdraws said parcels ORDINANCE No. 21- Page 1 from the Tigard Water District,Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District. SECTION 2: The Tigard City Council adopts the "Planning Commission Recommendation to the City Council" (ZCA2021-00002) as findings in support of this decision; a copy of the recommendation is attached hereto as Exhibit "C", and incorporated herein by this reference. SECTION 3: City staff is directed to take all necessary measures to implement the annexation, including filing a certified copy of this ordinance with Metro for administrative processing, filing with state and county agencies as required by law, and providing notice to utilities. SECTION 4: If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity does not affect the other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. SECTION 5: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the properties from the Tigard Water District, Washington County Enhanced Sheriffs Patrol District, and Washington County Urban Road Maintenance District will be the effective date of this annexation. SECTION 6: This ordinance will be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. In accordance with ORS 222.180, the annexation will be effective upon the effective date of this ordinance and filing with the Secretary of State. PASSED: By vote of all council members present after being read by number and title only,this day of ,2021. Carol A. Krager,City Recorder APPROVED: By Tigard City Council this day of ,2021. Jason B. Snider,Mayor Approved as to form: City Attorney Date ORDINANCE No. 21- Page 2 Al AKS ENGINEERING&FORESTRY,LLC 12965 SW Herman Road,Suite 100,Tualatin,OR 97062 AKS Job#4959 I. .5 P:(503)563-6151 I www.aks-eng.com ENGINEERING OFFICES IN: BEND,OR - KEIZER,OR -TUALATIN,OR -VANCOUVER,WA EXHIBIT A City of Tigard Annexation A tract of land located in the Northwest One-Quarter and Southwest One-Quarter of Section 10, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, and being more particularly described as follows: Beginning at the northwest corner of the plat of"South View Heights", also being on the City of Tigard city limits line; thence along said city limits line and along the west line of said plat and the southerly extension thereof, South 01°37'55" West 855.75 feet to the centerline of SW Beef Bend Road; thence along said centerline and leaving said city limits line, South 58°58'34" West 143.77 feet;thence continuing along said centerline on a curve to the left with a Radius of 1500.00 feet, Delta of 05°27'45", Length of 143.01 feet, and a Chord of South 56°14'41" West 142.95 feet;thence South 53°30'49" West 29.58 feet to the southerly extension of the east line of the plat of "Turnagain Heights"; thence along said southerly extension and said east line,North 01°49'12" West 1037.35 feet to the south line of the plat of"Thornwood" and the City of Tigard city limits line;thence along said south line and said city limits line, South 88°10'28"East 87.46 feet to the southeast corner of said plat;thence along the east line of said plat and the northerly extension thereof, and continuing along said city limits line,North 02°07'51"East 809.63 feet to the southerly right-of-way line of SW Bull Mountain Road(20.00 feet from centerline);thence along said right-of-way line and continuing along said city limits line,North 88°17'05"East 260.37 feet to the west line of the plat of"Bull Mountain View Estates";thence along said west line and the southerly extension thereof, and continuing along said city limits line, South 02°09'15"West 825.71 feet to the north line of the plat of"South View Heights";thence along said north line and continuing along said city limits line,North 88°10'28" West 23.59 feet to the Point of Beginning. The above described tract of land contains 11.26 acres, more or less. 01/22/2021 ANNEXATION CERTIFIED REGISTERED PROFESSIONAL BY LAND SURVEYOR FEB 16 2021 4 it OREGON WASHINGTON COUNTY A&T 1. JANUARY 12, 2016 j CARTOGRAPHY MICHAEL S. KAUNA 8955BPL5 RENEWS: 6/30/21 ID EXHIBIT B c. 260.37'rN8817'05"E - - -, _ _ A TRACT OF LAND LOCATED IN SW BULL MOUNTAIN RD F _ THE NW 1 /4 AND SW 1 /4 OF SEC. 10, T2S, R1W, W.M., .8.1 ► i , OREGON "TROY fSIO EDPARK ,SEW s°I ESTATE -YNN Ti,2 _ ts. , :: o3 c.i 02/09/2021 't-M_ !ING 1uN ��U I f f� E`GISTERED �, _� y - -a, " STATES AT,� CA�?TOGRAF-IY PROFESSIONAL R E RIOG� LAND SURVEYOR _ + " R ASPEN —� ,,MORPWOOn OREGON _ _ _L 1 JANUARY 12, 2016 ��SW ASPEN RIDGE DR - NORTH LINE OF- - MICHAEL S. KALJHA ' 7`i _r —I I THE SW 1/4 — 89558P1S S88'10'28"E 87.46' RENEWS: 6/30/21 . "ASPEN RI°GE / I I i -CITY OF TIGARD AREA: NI N8810'28"W 23.59' O 1 CITY LIMITS 11.26 ACRESt POINT OF BEGINNING 0 NW CORNER OF PLAT OF "SOUTH VIEW HEIGHTS" "sa1 uTR VIEW - t -SW AU�-UMNVIEW ST NEIGr$" I---- SCALE: 1"=200 FEET RNAGAIN ^� M SW TURNAGAIN DR " � 200 0 40 100 200 _ HEIGHT[ 1' I. - 1.1 II t- 1 :. n iri i ,..../Fij b. d- oa o --ZI I CURVE TABLE I in CURVE RADIUS DELTA LENGTH CHORD > \ i Cl 1500.00' 527'45" 143.01' S5614'41"W 142.95' aAr ^z z -N N 1----- ) -� S58'58'34"W 143.77' /I, CITY OF TIGARD EXHIBIT ' C1 ANNEXATION MAP B AKS ENGINEERING & FORESTRY. LLC DRWN: MH,] e�xco, L=143.01' 12965 SW HERMAN RD, STE 100 cN�cD: MSK 5s1•C)' S53'30'49"W TUALATIN, OR 97062 AKS JOB: 4/ 29.58' 503.563.6151 WWW.AKS-ENG.COM 4959 OW.49Sl1 Cri Y Atifikx E)H 0 I kkHI PI