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Leron Heights Street Lighting District - Withdrawal of Lands January, 1971 THIS AGREEMENT, Made this `'qday of Dadem}aei�s-19.7_4-between the CITY OF TIGARD, OREGON, hereinafter termed the "City" , and LERON HEIGHTS STREET. LIGHTING DISTRICT, hereinafter termed the "District", WI T N E S S E T H WHEREAS-, the- City of Tigard has heretofore annexed to the City. .and removed. from the District a major portion of the District 's land area; and WHEREAS, prior to said annexation the Districtcontracted _ with the Portland General Electric Company for installation, opera- tion and maintenance of certain street lighting facilities. through- out .the District and the said contractual arrangement for street lighting services willcontinue to be effective throughout the term of the .contract with respect to that portion of the Districtannexed to the City; and WHEREAS, the City and the District desire hereby to -formalize procedures whereby the financial requirements of said contract with POrtland General Electric Company may- be met through contribution of each of the City. and the District , and the City to undertake to administer the said contract for and on behalf of the District, NOW,. THEREFORE, in consideration of the foregoing premises and the mutual benefits. to be attained hereunder pursuant to auth- ority set forth in Chapter 19O Oregon Revised Statutes, the City and the District agreeas follows : (1) The City does hereby undertake to represent the area formerly within the District annexed to the City along with .the area remaining in the District with respect to administration of. said contract between .the District and Portland General Electric Company, copy whereof is hereto attached marked .Exhibit "A" and by thisreference made a part hereof, with the intent and purpose that all financial requirements , administration, liaison and each i and every other- relationship with Portland General Electric Company sYiall:; be:': the -sole responsibility and prerogative of the City. (2) That the District will annually budget, levy and col - -1ect in the usual manner of tax collection, sufficient revenue to enable the District to. timely pay to the City on or before February lst of each year a sum equal to $114.07 annually per - residential lot for all area remaining within the District. The City in like manner will include in its budget` provision for the levy and collection of such additional sum as maybe.: necessary .with respect to the remaining financial obliga . : tions required to service said Portland General Electric contract.. (3.) In consideration of the execution of this agreement and the payments to be made by the District hereunder, the City agrees to timely make the payments required by Portland General . Electric Company and to keep said contract free from default and to-:perform each and every other act and service required to assure continued street lighting service to the area within the District , in like manner in every respect equal to that available under the terms of said contract to that area formerly within the District and now annexed to the City. IN WITNESS WHEREOF, the parties hereto acting by and through .' their respective undersigned officers, pursuant to resolution of their respective governing bodies, hereby execute this agreement for the uses and purposes hereinabove .set forth. CIT TIGARD, R N LERON HE S REE GHTING DISTRICT 1, By: By; Mayor B By ; y. eco, r. -2- q S r' %i •:•{�' \1� \ �{�::`4V1 qtr. 1 J J.1 ~ J: •,i Jr � .. J J-\ ! r �:.�. \ ti /'ti{ \fir \ •t J • COUNTY WASHINGTON -4� ADMINISTRATION BUILDING— 150 N. FIRST :-.'VENUE �o �► HILLSBORO, OREGON 97123 EGfl Oct. 19, 1976 BOARD OF COMMISSIONERS VIRGINIA DAGG,C�airman DEPT OF FINANCE AND ADM. RICHARD C. HEISLER FRED O.LEUTWYLER,Director RAY MILLER ROOM 101 (503)648-8811 J.ALLAN PATERSON MICHAEL SHEPHERD Treasurer of Leron Heights Street Lighting District c/o J. A. Paterson Realty 12700 S. W. Pacific Hwy. Tigard, Oregon 97223 Dear Sirs: In response to your request of Oct. IS, 1976, Leron Heights Street Lighting District has a balance in their account as of July 7, 1976 of $26.10. Very truly yours 1 Z -•� ed u er� or D Department of Finance d Administration FOL:js cc: Portland General Electric Co. LaROD =Z=S STUET Licnim Diana AND PORTLAND GENERAL ELECTRIC COMPANY AUDIT NO. 19792 AGREEMENT FOR STREET LIGHTING SERVICE DATED----- ------------- 19 61--- AGREEMENT FOR STREET LIGHTING SERVICE, between a municipal corporation of Oregon, hereinafter called the "Customer," and PORT- LAND GENERAL ELECTRIC COMPANY, an Oregon corporation, hereinafter called the "Company." IN CONSIDERATION of the promises hereinafter set forth, the parties,agree as follows i. Term of Agreement This agreement shall continue in full force and effect for a term of five years from the--------------33t1i------------------day of----- tubas-----------, i9-61-, to the---------------15th-------------------day of--- --------Sept�er 19 -66 andthere- after from year to year until termination on any anniversary date by 3o days advance notice. 2. Service and Rates Street lighting service shall be furnished to the Customer by the Company in accordance with Schedule 91 of Tariff P.U.C. Ore. No. E-3 of the: Company, a copy of which is attached hereto and marked "Exhibit A." This agree- ment and the rates provided for herein shall be subject to all terms and conditions of orders or tariffs now or hereafter issued or approved by the Public Utility Com- missioner of Oregon. 3. Record of Street Lights A list of street lights and street lighting facilities subject to this agreement at the commencement of the term hereof is attached hereto and marked "Exhibit B." The Company shall maintain a current record of street lights and street lighting' facilities subject to this agreement, showing the rate options applicable and including changes authorized by the Customer in accordance with "Exhibit A." At or near each anniversary date of this agreement, a..list of changes shall be prepared by the Company and shall be submitted to the Customer for verification; upon verification, the list shall become part ofthisagreement. ¢. Billing and Payment The Customer shall pay for street lighting service fur- nished hereunder, upon receipt of itemized bills prepared in accordance with said Schedule 91 from the said record of street lights and street lighting facilities subject to this agreement. 5. Successors and Jssigns This agreement shall inure to and bind the successors and assigns of the Customer and of the Company. 6. Cancellation of Previous 4greements Any and all former agreements between the Customer and the Company for street lighting service as covered by this agreement are hereby canceled and terminated. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in duplicate by their duly authorized officers as below subscribed on the -----------------Utb---------------day of--------------Septa bes----------------------- 19-41— AS 9-1--•AS TO THE CUSTOMER L$ rMIMS QTRW LIGM G-DZURM T- " !l - By-` �' 4 '-�'--:------------- Witness (Ti l� -------------------- --------------------------------------- ------- Attest-- --- --_0_11Z...... Witness (Title) AS TO THE COMPANY PORTLAND GENERAL ELECTRIC O PAN , ------------ BY - ----- Witness ice President Attest "JC � .� ---------- -------------------------------------------------------- --------------- - - - ----- -- ------------- Secretary Approved as to rate: BY1�4 - - - ---------- Manager, Rate and Research Dept. APPROVED AS TOB i, ::�l�d, ���iLLIFS TERMS AND CONU i IONS PE1lEE;i "��L 7�/„2;/_(_ ,z,2"';Z 3r........ . ... ..... ........_......._....................... DIVISION MANAGER lrPaL"JVf'r to f€a!as AIti5 ccr:nnrer� ye E;Eln: L!7!3lLil G.'.:::aBY Portland General Electric Company Second Revision of Sheet No. 91 P. U. C. Ore. No. E-3 Canceling First Revision of Sheet No. 91 • SCHEDULE 91 STREET AND HIGHWAY LIGHTING . AVAILABLE In all territory served by the Company. APPLICABLE To lighting service for public streets, highways, parks and parking areas,supplied to municipalities or agencies of federal or state governments where funds for pay- ment for electric service are provided through taxation..` ' CHARACTER OF SERVICE From dusk to dawn daily, controlled by light sensitive relay or time switch at the Company's option. MONTHLY RATE The following monthly rates are for street lighting luminaires mi accordance with Company specifications as to equipment, installation, maintenance`and operation. Option A is for luminaires owned, maintained and supplied with electric energy by the Company. Option B is for maintenance and energy supplied to luminaires owned by the Customer. Option C is for the furnishing of electric energy to lumi- naires owned and maintained by the Customer.Under Options'A and,B, luminaires • may be mounted on wood poles of the Company's distribution system. Maintenance by the Company includes group lamp replacement and glassware cleaning on Company schedule. Individual lamps will be replaced on burnout, as soon as reasonably possible after notification by the Customer and subject to the Company's operating schedules and requirements. Monthly Rate Option A Option B Option C (Co. Ownership, (Company (Corripany Type of Light Lumens Maint., Energy) Maint.,'Energy) Energy) Incandescent 1,000 . $1.35 $1.15 $0.65 2,500 1.90 1.50 1.00 . 4,000 2.65 2.10 1:50 6,000 3.25 2.60 1.95 10,000 4.25 3.50 2.80, Mercury Vapor 6,000 3.25 2.10 1.20 10,000 3.95 2.45. 1.50 20,000 , 4.60 3.05 2.05 55,000 9.45 .5.50 4.60, (Continued on other side) Issued January 20, 1961 Effective with meter readings Frank A. Bosch, Vice President taken on;and after February 24, 1961 a®o r ' SCHEDULE 91 (Continued) Additional monthly rates for color improved mercury vapor lights, per luminaire: Option A $0.15 Option B 0.10 Additional monthly rates for metal posts in accordance with. Company specifica- tions, per post: Monthly Rate Company owned and maintained metal posts: 25' metal post, standard weight $2.15 30' metal post, standard weight 2.25 30' steel post, extra heavy 3.05 30' aluminum post, extra heavy 4.25 Maintenance of Customer owned steel post .45 Maintenance of Customer owned aluminum post .15 Company owned wood pole for street lighting only .70 Underground cables are not included in metal post rates.. SPECIAL CONDITIONS The location of a Company owned luminaire may be changed at Customer request. and upon payment by the Customer of the costs of removal and reinstallation of the luminaire. If a Company owned,luminaire is removed and not replaced, a removal charge will be made, consisting of the installed cost of the luminaire less accrued depreciation, and less salvage value and plus cost of removal. TERM OF AGREEMENT Not less than five years. GENERAL.TERMS AND CONDITIONS Service under this schedule is subject to the General Terms and Conditions con- tained in the tariff of which this schedule is a part. UM SHE$ST _ LIG"o PIMM 89TUtmo COSTS System will consist of the following units: 1 6v000 Lwnen M.Y. Color Isprov*d risture •M pole 1430 $ 3.40 1 « N N N N to it " 4431 3.40 1 If N a If to of N « 4432 3.40 1 « N If If to « it It 4133 3.40 1 1 N to 'g 11 #1 it 4434 3.40 1 to ++ N N « N to It "36 3.40 1 N N N « « to "' i4 2102 3.40 * Total Monthly Cost $23.80 Total Annual Cost $285.60 * Costs based on P.G.R. Schedule 91 `Option A" which includes company ownership, saistesanae, energy, and control equipment. aatimated cost per unit of prepsrty (based on 22 property units as indicated on attached drewing): tstisated Monthly Cost $ 1.09 tatimated Annual Cost $13.08 M=IT 3 AFFIDAVIT OF PUBLICATION g$ CITY OF TIGA RD STATE OF OREGON, NOTICE OF PUBLIC COUNTY OF WASHINGTON, ss. HEARINGWITHDRAWAL OF ANNEXED AREA FROM LERON Joseph Schafer HEIGHTS I, ------------------------------------------------•-------------- LIGHTING DISTRICT I NO ICE IS HEREBY GIVEN, being first duly sworn, depose and say that I am the publisher Pursuant to Section 222.524 Oregon Revised Stat- utes, and Ordinance No. 70_3 of The Tigard Times, a newspaper of general circulation, as defined enacted by the City Council of Tigard at Its regular meeting by ORS 193.010 and 193.020, published at Tigard, in the aforesaid county and Of January 26, 1970, a public hearing will be held by the state; that the legal notice, a printed copy of which is hereto annexed, was City Council at Fowler Junior High School Library, 14285 published in the entire issue of said newspaper for _ 3 S.W. Pacific Hwy.at 8;00 p.M,successive and Pacific Standard � Monday, the 9th �y of March Time, On consecutive weeks in the following issues Fs�h�_19_s-2 8L7�d-_MAY' 1970, whereat registered voters and other interested --197 0 Parties may aPPear and be heard with respect to a pro_ Aosal of withdrawal of lots or (Si a e) Portions of lots within the City Of Heights Tigard from the Leron Dated this 266thday g strict.January,Subscribed and sworn to before me this ______ 5th �____ day of _-__ 1970. Of BY ORDER OF THE - - _------,.,_____ 19- CITY COUNCIL Doris Hartig ty Recorder .? (TT 474_Publish eb----- March 5 9, 26, ---------------- — ----- -- Notary Public of Oregon , 1970) �G My commission expires 191 AFFIDAVIT OF POSTING In the Matter of the Proposed withdrawal of Lands from the Leron Heights Lighting District STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, DORIS HARTIG, being first duly sworn, on oath depose and say: That I am the duly appointed, qualified and acting Recorder of the City of Tigard, Oregon; That I posted in the following public and conspicuous places within the City, a copy of Notice of Public Hearing of the Leron Heights Lighting District withdrawal proposal, a copy of said notice being hereto attached and by reference made a part hereof, on the 10th day of February, 1970: 1. At the front door, exposed to public view, of the City Hall, Main Street, Tigard, Oregon 2. At the front door, exposed to public view, of the Fire Station of the Tualatin Rural Fire Protection District, on Commercial Street, Tigard, Oregon 3. At the front door, exposed to public view of the Tigard Water District, Commercial Street, Tigard, Oregon 4. At the vest door, exposed to public view, of the United States National Bank, Main Street, Tigard, Oregon Subscribed and sworn to before me this d y of February, 1970. Notary Public for Oregon My Commission expires: Affidavit of Posting 8106 ,,. CITY OF TIGARD, OREGON ORDINANCE No-70- AN ORDINANCE FINDING THAT ALL PROCEEDINGS REQUIRED 'FOR THE WITHDRAWAL FROM LERON HEIGHTS LIGHTING DISTRICT OF A CERTAIN AREA HERETOFORE ANNEXED TO THE CITY, HAVE BEEN DULY AND REGULARLY CONDUCTED: FURTHER FINDING THAT IT IS IN THE BEST INTERESTS OF THE CITY OF TIGARD TO WITHDRAW SUCH AREA FROM SAID DISTRICT, DESCRIBING THE AREA INVOLVED AND WITHDRAWING SUCH AREA FROM THE LERON HEIGHTS, LIGHTING DISTRICT PURSUANT TO SECTION 222. 524 OREGON REVISED STATUTES. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The City Council finds that those certain lands described on the attached sheet entitled Exhibit "A« - Description were duly and regularly annexed to the City of Tigard by Ordinance No.65-21 enacted by the City Council on July 12, 1965, and by Ord. 68-17 enacted March 25, 1968, Ord. 69-4 enacted January 13, 1969. and Ord. 69-31 enacted March 24, 1969. Section 2: The Council further finds that all of said lands prior to said annexations and at all times thereafter have been included. within Leron Heights Lighting District . Section 3: The Council further finds that pursuant to §222.524 O.R.S. after due and legal notice, a public hearing was duly and regularly held by the Council within the City of Tigard on March 9, 1970 whereat allAnterested persons were afforded an opportunity to be heard with respect to said withdrawal and said hearing was thereupon duly closed. Section 4: The City Council does hereby find and -determine that the withdrawal of said area from Leron Heights Lighting Dis- trict is in the best interests of the City. Section 5 : That pursuant to the foregoing and in accordance with §222. 324 O.R.S. , all that certain area heretofore a part of Leron Heights Lighting District lying within the boundaries of the City of Tigard as more particularly described in Exhibit "A", be, and the same is hereby , withdrawn from Leron Heights Lighting District. Section 6: The Recorder of the City of Tigard be, and she is hereby, authorized and directed to cause to . have filed a certified copy of this Ordinance with each of the following departments of the County of Washington, State of Oregon: 1. Department of Revenue and Taxation 2. Department of Records and Elections 3. Department of Finance and Administration Section 7: Inasmuch as this ordinance is subject to referendum as pro- vided in Sec.222.524(4) O.R.S. , this ordinance shall be Page 1 - ORDINANCE No-70- 7_____ :S t 3166 effective on and after the 31st day after its passage by the Council and approval by the Mayor. PASSED: Byunanimous vote of all Council Members present after being read three times by number and title only, this 9th day of March, 1970. Re der - j1L '-? C1ty- of and i 7 APPROVED: By the Mayor, this 9th day of March, 1970. STATE OF OREGON Mayor --City o agar ' City of Tigard I, DORIS HARTIG, hereby certify that I am the duly appointed, qualified, and acting Recorder of the City of Tigard, Oregon. I further certify that I have compared the herewith copy of Ordinance No. 70-7 of the City of Tigard with the original in my possession as thiherewiththe copyofficial a correct transcriptof City of Tigard, and thatat e the whole of Ordinance .No. 70-7. IN WITNESS WHEREOF I have hereunto set my hand and the seal of. the City of Tigard this 11th day of March, 1970. c;;•'�N t C� •.9 0,4 SEA`S ., 7 .ti Oe• .. (_°�"Ck It ?AM659 Page 2 - ORDINANCE No-70-Z_ TRW �WWTPK - �7 • 8106 .M1 EXHIBIT "A" All those lots or portion of lots within the City of Tigard and Leron Heights Lighting District, being: Lots 10 - 20 Leron Heights Subdivision Lots 21 - 28 Leron Heights Subdivision #2 Lots 32 - 43 Leron Heights Subdivision #2 Lots 44 - 82 Leron Heights Subdivision - #3 • s y' S • STATE OF OREGON • ss z County of Washington o ' I, Roger Thomssen, Director of,Records and Elections and Ex-Officio Recorder of Con- veyances for said county, do hereby certify that the within instrument of writing was received and recorded in book of records No. -----------------------------------------------77'51----- of said County Witness my hand and seal affixed. ROGER THOMSSEN, Director of _ Records & Elect• P r Deputy �l'1x�Pf l l t� PACE . . r t � � 0 , , �� -_ � � •J