Resolution No. 86-120 ! 3. Z
CITY OF TIGARD, OREGON
RESOLUTION NO. 86- /
A RESOLUTION DELEGATING AUTHORITY WITH RESPECT TO CERTAIN PUBLIC IMPROVEMENT
CONSTRUCTION AGREEMENTS/PERMITS AND RELATED PERFORMANCE AND MAINTENANCE
ASSURANCE AGREEMENTS.
WHEREAS, the Tigard City Council previously established that specific
Agreement and Permit requirements be met prior to issuance Of ••-ertain public
improvement plans, prior to approval of final plats and prior to acceptance of
related public improvements, said requirements having been set forth in
Chapter, 18 of the Tigard Municipal Code; and
WHEREAS, the Tigard City Council has concluded that it is in the best interest
of all affected parties that streamlining of the aforesaid Agreement and
Permit requirement process is necessary, it being a goal of the Council to
improve the City's administrative process; and
WHEREAS, the Tigard City Council has authority to delegate responsibility to
facilitate conduct of its municipal affairs, reserving unto itself authority
to intervene in, modify, or revoke such at any time;
NOW, THEREFORE, 6E IT RESOLVED by the Tigard City Council that:
Section 1: The Director of Community Development or the City Engineer be and
are hereby authorized and directed to assume the Council's usual
authority and responsibility in entering into, administering, and
terminating Public Improvement Construction Agreements/Permits and
related Performance and Maintenance Assurance Agreements relevant
to Chapter 18 of the Tigard Municipal Code.
Section 2: The Tigard City Council, reserves unto itself authority to
intervene in, modify, or resolve such authorization and direction
at any time it so deems it to be necessary.
Section 3: The Tigard City Council reserves unto itself authority to make
final determination of the acceptability of newly constructed
public improvements, for the purpose of operation and maintenance
thereof- by the City.
PASSED: This �_� day of c 1986.
Ma r City of Tigard
ATTEST: /"J 4
cting City Recorder - City of Tigard
mj32
RESOLUTION NO. 86- I RCD
Page 1
18.160.160--18.160.170
reference to some corner established by the U.S. survey or
AV giving two or more objects for identifying its location.
(Ord. 83-52 Exhibit A(part) , 1983) .
18.160.160 Monumentation, basis of bearing require-
ments and acce tance o£ im rovements. (a) Monumentataon.
1 In accordance with Oregon Revised Statutes
92.060, subsection (2) , the centerlines of all street and
roadway rights-of-way shall be monumented before the city
accepts a street improvement.
(2) All centerline monuments shall be placed in a
monument box conforming to city standards, and the top of
all monument boxes shall be set at design finish grade of
the street or roadway.
(3) The following centerline monuments shall be set:
(A) All centerline-centerline intersections.
Intersections created with collector or other existing streets
shall be set when the centerline alignment of the collector
or other street has been established by or for the city;
(B) Center of all culs-de-sac;
(C) Curve points. Point of intersection (P.I.)
when their position falls inside the limits of the pavement
otherwise beginning and ending points (B.C. and' E.C.)
(b) Basis of Bearing.
(1) The plat shall be tied to a city of Tigard
primary or secondary control station if one exists within
one thousand feet of the plat and the bearings oriented
thereon.
(2) Tigard grid coordinates for all established
boundary points on the plat shall be submitted to the city
within fifteen days of recording. (Ord. 83-52 Exhibit A
(part) , 1983) .
18 .160.170 Improvement agreement. Before commis-
sion approval is certified on the Final plat, and before
approved construction plans are issued by the city, the sub-
divider shall:
(1) Execute and file an agreement with the city
council specifying the period within which all required im-
provements and repairs shall be completed; and
(2) Include in the agreement provisions that if
such work is not completed within the period specified, the
city may complete the work and recover the full cost and
expenses from the subdivider.
The agreement shall stipulate improvement fees and
deposits as may be required to be paid and may also provide
for the construction of the improvements in stages and for
the extension of time under specific conditions therein stated
in the contract. (Ord. 83-52 Exhibit A(part) , 1983) .
314-142 (Tigard 4/84)'
18.160.180--18.160.210
18.160.180 Bond--Cash deposit. 10 As required by
Section ].8.160.170, the subdivider shall file with the
agreement an assurance of performance supported by one of
the following:
(1) An irrevocable letter of credit executed by a
financial institution authorized to transact business in the
state of Oregon;
(2) A surety bond executed by a surety company
authorized to transact businessin the state of Oregon which
remains in force until the surety company is notified by the
city in writing that it may be terminated; or
(3) Cash.
( ) The assurance of performance shall be for a sum
determined by the city engineer as required to cover the cost
of the improvements and repairs, including related engineering
and incidental expenses.
( The subdivider shall furnish to the city engineer
an itemized improvement estimate, certified by a registered
civil engineer, to assist the city engineer in calculating
the amount of the performance assurance.
(6:1 In the event the subdivider fails to carry out all
provisions of the agreement and the city has unreimbursed
costs or expenses resulting from such failure, the city shall
call on the bond, cash deposit or letter of credit for reim-
bursement.
The subdivider shall not cause termination of nor
allow expiration of the guarantee without having first secured
written authorization from the city. (Ord. 83-52 Exhibit-
A(part) ,
xhibitA(part) , 1983) .
18.160.190 Filing and recording. (a) within sixty
days of the city review and approval, the applicant shall
submit the final plat to the county for. signatures of county
officials as required by Oregon Revised Statutes Chapter
92, and Section 18.160-150-
(b) Upon final recording with the county, the applicant
shall submit to the city a mylar copy of the recorded final
plat. (Ord. 83-52 Exhibit A(part) , 1983) _
4,. 18.160.200 Prerequisites to recording the plat. (a) No
plat shall be recorded unless all ad valorem taxes and all
special assessments, fees or other charges required by law to
be placed on the tax roll have been paid in the manner pro-
vided by Oregon Revised statutes 92.095.
(b) No plat shall be recorded until it is approved by
the county surveyor in the manner provided by Oregon Revised
Statutes 92.100. (Ord. 83-52 Exhibit A(part) , 1983) .
18.160.210 Vacation ofplats. (a) Any plat or portion
thereof may be vacated by the owner of the platted area at
314-143 (Tigard 4/84)
18.164.130---18.164.170
Public works director for review and approval.
(2) Care shall be taken in all cases to ensure that
aboveground equipment does not obstruct vision clearance
areas for vehicular traffic. (Ord. 83-52 Exhibit A(part) ,
1983) .
18.164.130 Cash or bond required. (a) All improvements
installed by the subdivider shall be guaranteed as to workman-
ship and material for a period of one year following acceptance
by the city council.
(b) Such guarantee shall be secured-by---Bash-deposit or-
--bond- in the amount of the value of the improvements as set by
the public works director.
(c) The cash or bond shall comply with the terms and
conditions of Section 18.160.180. (Ord, 83-52 Exhibit A(part) ,
1983) ,
18.164.140 Monuments. Any monuments that are disturbed
before all improvements are completed by the subdivider shall
be replaced prior to final acceptance of the improvements.
(Ord. 83-52. Exhibit A(part) , 1983) .
18.164.150Installation--Prerequisite--permit fee.
(a) No3aiftS-r}r3ss-ion improvements, including sanitary sewers; -
storm sewers, streets, sidewalks, curbs, lighting or other
requirements, shall be undertaken except after the plans there-
for have been approved by the city, permit fee paid and permit
issued.
(b) The permit fee is required to defray in whole or in
part the costz and expenses incurred by the city for-construe-_t: .
#_son and 6:Fi services in connection with the improvement,
and such fee shall be a sum equal to four percent of the
estimated cost of -such-subd`vision--improvement. (Ord. 83-52
Exhibit A(parz) , 1963) . A\,c s .
18.164.160 Installation--Conformation required. (a) In
addition to other requirements, improvemants a.nstalled by the
land divider, either as a requirement of these regulations
or at his own option, shall conform to the requirements of
this chapter and to improvement standards and specifications
followed by the city.
(b) The Standard Specifications f or Public Works Con-
struction--Oregon Chapter A.P.W.A„ and Unified Sewerage
Agency Resolution and Order No. 71-9, shall be a part of the
city's adopted installation standard(s) ; other standards may
also be required upon recommendation of the city engineer.
(Ord. 83-52 Exhibit A(part) , 1984) ,
18.164.170 Plan checking required. (a) Work shall
not begin untsl nine sets of construction and construction
314-164 (Tigard 4/84)