Resolution No. 02-77 CITY OF TIGARD, OREGON
RESOLUTION NO. 02-12
A RESOLUTION AUTHORIZING THE MAYOR TO SIGN THE URBAN SERVICE
AGREEMENT ON BEHALF OF THE CITY OF TIGARD.
WHEREAS, ORS 195.025(1) requires MFTR0, through its regional coordination responsibilities,
to review urban service agreements affecting land use, including planning activities of the
counties, cities, special districts, state agencies; and
WHEREAS, ORS 195.020(4)(e) requires cooperative agreements to specify the units of local
government which shall be parties to an urban service agreement under ORS 195.065; and
WHEREAS, ORS 195.065(1) requires units of local government that provide an urban service
within an urban growth boundary to enter into an urban service agreement that specifies the unit of
government that: will deliver the services, sets forth the functional role of each service provider,
determines the future service area, and assigns responsibilities for planning and coordination of
services; and
WHEREAS, ORS 195.075(1) requires urban service agreements to provide for the continuation of
an adequate level of urban services to the entire area that each provider serves and to specify if
there is a significant reduction in the territory of a special service district; and
WHEREAS, ORS 195.075(1) requires that if there is a significant reduction in territory, the
agreement shall specify how the remaining portion of the district is to receive services in an
affordable manner; and
WHEREAS, Statewide Planning Goals 2, 11, and 14 require cities and counties to plan, in
cooperation with all affected agencies and special districts, for the urbanization of lands within an
urban growth boundary, and ensure the timely, orderly, and efficient extension of public facilities
and urban services; and
WHEREAS, Washington County has prepared and coordinated Tigard's Urban Service Agreement
between the City of Tigard, Washington County, Clean Water Services, Tigard Water District, Tri-
Met, Tualatin Hill Park and Recreation District, Tualatin Valley Fire and Rescue, and Tualatin
Valley Water District; and
WHEREAS, the TUSA which has been prepared has been reviewed by the following City
Departments: Public Works, Engineering,Police, Community Development and Administration
and the provisions are acceptable to these Departments.
NOW,THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The Mayor is authorized to sign the final Urban Service Agreement document
(Exhibit A).
SECTION 2: The signed document will be forwarded to Washington County for compilation of all
signature pages. Once a final document with all signatures is forwarded to the City
the Urban Service Agreement will be in effect.
SECTION 3: This resolution is effective immediately upon passage.
PASSED: This ( day of 1 F �,n 1 . a 2002.
ayor-City of Ti a
ATTEST:
City Recorder-City of Tigard
T2
EXHIBIT "A"
TIGARD URBAN SERVICE AGREEMENT
November 26, 2002
This AGREEMENT is made and entered into by and between Washington County, a municipal
corporation of the State of Oregon,hereinafter"COUNTY,"the City of Tigard,a municipal
corporation of the State of Oregon,hereinafter"CITY,"Metro,a metropolitan service district of
the State of Oregon,hereinafter"METRO,"and the following Special Districts of the State of
Oregon,hereinafter"DISTRICT(S),"
Clean Water Services;
Tigard Water District;
Tri-Met;
Tualatin Hills Park and Recreation District;
Tualatin Valley Fire and Rescue District;and
Tualatin Valley Water District
RECITALS
WHEREAS, ORS 195.025(1)requires METRO,through its regional coordination responsibilities,
to review urban service agreements affecting land use, including planning activities of the counties,
cities, special districts,state agencies;and
WHEREAS, ORS 195.020(4)(e)requires cooperative agreements to specify the units of local
government which shall be parties to an urban service agreement under ORS 195.065; and
WHEREAS, ORS 195.065(1)requires units of local government that provide an urban service
within an urban growth boundary to enter into an urban service agreement that specifies the unit of
government that:will deliver the services,sets forth the functional role of each service provider,
determines the future service area,and assigns responsibilities for planning and coordination of
services;and
WHEREAS,ORS 195.065(1)and(2)require that the COUNTY shall be responsible for:
I. Convening representatives of all cities and special districts that provide or declare an interest in
providing an urban service inside an urban growth boundary within the county that has a
population greater than 2,500 persons for the purpose of negotiating an urban service
agreement;
2. Consulting with recognized community planning organizations within the area affected by the
urban service agreement;and
3. Notifying Metro in advance of meetings to negotiate an urban service agreement to enable
Metro's review;and
Tigard Urban Service Agreement
November 26,2002
Page 1
WHEREAS,ORS 195.075(1)requires urban service agreements to provide for the continuation of
an adequate level of urban services to the entire area that each provider serves and to specify if
there is a significant reduction in the territory of a special service district;and
WHEREAS, ORS 195.075(1)requires that if there is a significant reduction in territory,the
agreement shall specify how the remaining portion of the district is to receive services in an
affordable manner;and
WHEREAS, ORS 195.205 TO 195.235 grant authority to cities and districts(as defined by ORS
198.010)to annex lands within an urban growth boundary,subject to voter approval,if the city or
district enacts an annexation plan adopted pursuant to ORS 195.020, 195.060 to 195.085,
195.145 to 195.235, 197.005, 197.319, 197.320, 197.335,and 223.304,and if the city or district
has entered into urban service agreements with the county,cities and special districts which
provide urban services within the affected area;and
WHEREAS, ORS 197.175 requires cities and counties to prepare,adopt,amend,and revise their
comprehensive plans in compliance with statewide planning goals,and enact land use regulations
to implement their comprehensive plans;and
WHEREAS, Statewide Planning Goals 2, 11, and 14 require cities and counties to plan,in
cooperation with all affected agencies and special districts,for the urbanization of lands within an
urban growth boundary,and ensure the timely,orderly,and efficient extension of public facilities
and urban services.
NOW,THEREFORE,the premises being in general as stated in the foregoing recitals,it is agreed
by and between the parties hereto as follows:
I. ROLES AND RESPONSIBILITIES
A. Parties to this AGREEMENT shall provide land use planning notice to each other in
accordance with the provision of the"Cooperative Agreements,"developed per ORS
195.020(4)(e).
B. The parties to this AGREEMENT are designated as the appropriate provider of services to
the citizens residing within their boundaries as specified in this AGREEMENT.
C. The CITY is designated as the appropriate provider of services to citizens residing within
its boundaries and to adjacent unincorporated areas subject to this AGREEMENT as
shown on Map A,except for those services that are to be provided by another party as
specified in this AGREEMENT.
D. The CITY and COUNTY will be supportive of annexations to the CITY over time. The
CITY shall endeavor to annex the unincorporated areas shown on Map A, in keeping with
the fallowing schedule:
1. Near to mid-term(3 to 5 years): Bull Mountain area and unincorporated lands north
of the Tualatin River and south of Durham Road and
Tigard Urban Service Agreement
November 26, 2002
Page 2
2. Far-term(10 years or later): Metzger area.
E. Pursuant to ORS 1.95.205,the CITY and DISTRICTS reserve the right and may,
subsequent to the enactment of this AGREEMENT,develop an annexation plan or plans in
reliance upon this AGREEMENT in accordance with ORS 195.205 to 220.
F. In keeping with the County 2000 Strategic Plan or its successor,the COUNTY will focus
its energies on those services that provide county-wide benefit and transition out of
providing municipal services that may benefit specific geographic areas or districts. The
COUNTY recognizes cities and special service districts as the ultimate municipal service
providers as specified in this AGREEMENT. The COUNTY also recognizes cities as the
ultimate local governance provider to the urban area.
G. Within twelve months of the effective date of this AGREEMENT and prior to any
consolidation or transfer of duties or any single or multiple annexations totaling twenty
acres,the parties shall identify any duties performed by the parties that will or may be
assumed or transferred from one party to another party by annexation,consolidation or
agreement. The affected parties shall identify how the duties will be transferred or
assumed,including the transfer of employees and equipment. The process to transfer
duties,employees and equipment shall account for the cumulative effects of annexation,
consolidation and transfer by agreement. This process shall also address large scale
annexations and the large scale transfer of duties by consolidation or agreement. In the
event the affected parties cannot agree upon the processes to transfer duties,employees
and equipment,the provisions of Section VII of this AGREEMENT shall be used to
resolve the dispute.
H. The COUNTY shall have the responsibility for convening representatives for the purpose
of amending this AGREEMENT,pursuant to ORS 195.065(2)(a).
IL AGREEMENT COORDINATION
A. Existing intergovernmental agreements that are consistent with this AGREEMENT
shall remain in force. This AGREEMENT shall control provisions of existing
intergovernmental agreements that are inconsistent with the terms of this
AGREEMENT. This AGREEMENT does not preclude any party from amending an
existing inter-governmental agreement or entering into a new inter-governmental
agreement with one or more parties for a service addressed in this AGREEMENT,
provided such an agreement is consistent with the provisions of this AGREEMENT.
B. The CITY and COUNTY have entered into an intergovernmental agreement for the
CITY provision of building,land development and specific road services on behalf of
the COUNTY to the unincorporated lands in the Bull Mountain area.
C. CITY and COUNTY shall endeavor to take all action necessary to cause their
comprehensive plans to be amended to be consistent with this AGREEMENT within
twelve months of execution of this AGREEMENT,but no later than sixteen months
from the date of execution.
Tigard Urban Service Agreement
November 26,2002
Page 3
III. AREA AFFECTED BY AGREEMENT
This AGREEMENT applies to the Tigard Urban Service Area(TUSA)as shown on Map
A and properties added to the Regional Urban Growth Boundary(UGB)that are to be
annexed to the CITY in the future as described below in Section V1II.
IV. URBAN SERVICE PROVIDERS
A. The service provisions of this AGREEMENT,as described in Exhibits A through G,
establish the providers and elements of urban services for the geographic area covered
in this AGREEMENT;and
B. The following urban services are addressed in this AGREEMENT:
1. Fire Protection and Emergency Services(Exhibit A);
1 Public Transit(Exhibit B);
3. Law Enforcement(Exhibit C);
4. Parks,Recreation,and Open Space(Exhibit D),-
5.
);5. Roads and Streets(Exhibit E);
6, Sanitary Sewer and Storm Water(Exhibit F);and
7. Water Service(Exhibit G).
V. ASSIGNABILITY
No assignment of any party's rights or obligations under this AGREEMENT to a
different,new or consolidated or merged entity shall be effective without the prior consent
of the other parties affected thereby.Any party to this AGREEMENT who proposes a
formation,merger,consolidation,dissolution,or other major boundary change shall notify
all other parties of the availability of the reports or studies required by Oregon State
Statutes to be prepared as part of the proposal.
VI. EFFECTIVE DATE OF AGREEMENT
This AGREEMENT shall become effective upon full execution by all parties.
VII. TERM OF THE AGREEMENT
This AGREEMENT shall continue to be in effect as long as required under state law. The
COUNTY shall be responsible for convening the parties to this AGREEMENT for the
review or modification of this AGREEMENT,pursuant to Section VIII.
Tigard Urban Service Agreement
November 26,2002
Page 4
VIII. PROCESS FOR REVIEW AND MODIFICATION OF THE AGREEMENT
A. Parties shall periodically review the provisions of this AGREEMENT in order to
evaluate the effectiveness of the processes set forth herein and to propose any
necessary or beneficial amendments to address considerations of ORS 195.070 and
ORS 195.075.
B. Any party may propose modifications to this agreement to address concerns or
changes in circumstances.
C. The body of this AGREEMENT(Recitals and Sections I through IX)may only be
changed by written consent of all affected parties. Amendments to the exhibits of this
AGREEMENT may be made upon written consent of the parties identified in each
exhibit.
D. The periodic review of this AGREEMENT and all proposed modifications to this
AGREEMENT shall be coordinated by the COUNTY. All requests for the periodic
review of this AGREEMENT and all proposed modifications shall be considered in a
timely manner and all parties shall receive notice of any proposed amendment. Only
those parties affected by an amendment shall sign the amended agreement. All
amendments that include boundary changes shall comply with Chapter 3.09 of the
METRO Code or its successor.
E. Lands added to the Regional Urban Growth Boundary that are determined to be
annexed to the CITY in the future by separate process,such an Urban Reserve Plan,
shall be subject to this AGREEMENT. The appropriate service providers to new
urban lands for the services addressed in this AGREEMENT shall be determined
through the provisions of this Section unless those determinations are made through
the development of an Urban Reserve Plan and all affected parties agree to the service
determinations. This AGREEMENT shall be amended to address new urban lands
and reflect the service provider determinations consistent with the provisions of this
Section.
IX. DISPUTE RESOLUTION
If a dispute arises between or among the parties regarding breach of this AGREEMENT
or interpretation of any term thereof,those parties shall first attempt to resolve the dispute
by negotiation prior to any other contested case process. If negotiation fails to resolve the
dispute,the parties agree to submit the matter to non-binding mediation. Only after these
steps have been exhausted will the matter be submitted to arbitration.
Step 1 ---Negotiation. The managers or other persons designated by each of the disputing
parties will negotiate on behalf of the entities they represent. The issues of the dispute
shall be reduced to writing and each manager shall then meet and attempt to resolve the
issue. If the dispute is resolved with this step,there shall be a written determination of
such resolution signed by each manager,which shall be binding upon the parties.
Tigard Urban Service Agreement
Novemher 26,2002
Page 5
Step 2—Mediation. If the dispute cannot be resolved within 30 days of initiation of Step
1,a parry shall request in writing that the matter be submitted to non-binding mediation.
The parties shall use good-faith efforts to agree on a mediator. If they cannot agree,the
parties shall request a list of five mediators from an entity or firm providing mediation
services. The parties will attempt to mutually agree on a mediator from the list provided,
but if they cannot agree,each party shall select one name and the two mediators shall
jointly select a third mediator. The dispute shall be heard by the Hurd mediator and any
common costs of mediation shall be borne equally by the parties,who shall each bear their
own costs and fees therefore. If the issue is resolved at this Step,then a written
determination of such resolution shall be signed by each manager and shall be binding
upon the parties.
Step 3—Arbitration.After exhaustion of Steps 1 and 2 above,the matter shall be settled
by binding arbitration in Washington County, Oregon, in accordance with the Commercial
Arbitration Rules of the American Arbitration Association,the rules of the Arbitration
Service of Portland,or any other rules mutually agreed to,pursuant to ORS 190.710-790.
The arbitration shall be before a single arbitrator;nothing shall prevent the parties from
mutually selecting an arbitrator or panel thereof who is not part of the AAA panel and
agreeing upon arbitration rules and procedures.The cost of arbitration shall be shared
equally. The arbitration shall be held within 60 days of selection of the arbitrator unless
otherwise agreed to by the parties. The decision shall be issued within 60 days of
arbitration.
X. SEVERABILITY CLAUSE
If any portion of this AGREEMENT is declared 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.
XI. SIGNATURES OF PARTIES TO AGREEMENT
In witness whereof,this AGREEMENT is executed by the authorized representatives of
the COUNTY, CITY,DISTRICTS,and METRO. The parties,by their representative's
signatures to this AGREEMENT, signify that each has read the AGREEMENT,
understands its terms, and agrees to be bound thereby.
Tigard Urban Service Agreement
November 26,2002
Page 6
CITY OF TIGARD
By: ,
Ja es E.Griffi May Date
Approved as to Form:
By:
i Attorncy
Tigard Urban Service Agreement
November 26,2002
Page 7
TUALATIN VALLEY FIRE AND RESCUE DISTRICT
By:
Chairman,Board of Directors Date
Approved as to Form:
By:
District Counsel
Tigard Urban Service Agreement
November 26,2002
Page 8
TUALATIN HILLS PARK AND RECREATION DISTRICT
By:
President,Board of Directors Date
Approved as to Form:
By:
District Counscl
Tigard Urban Service Agreement
November 26,2002
Page 9
TRI-MET
By:
General Manager Date
Approved as to Form:
By:
District Counsel
Tigard Urban Service Agreement
November 26,2002
Page 10
CLEAN WATER SERVICES
By:
Tom Brian,Chair Date
Board of Directors
Approved as to Form:
By:
District Counsel
Tigard Urban Service Agreement
November 26,2002
Page 11
TIGARD WATER DISTRICT
By:
Chairman, Board of Directors Date
Approved as to Form:
By:
District Counsel
Tigard Urban Service Agreement
November 26,2002
Page 12
TUALATIN VALLEY WATER DISTRICT
By:
Chairman,Board of Directors Date
Approved as to Form:
By:
District Counsel
Tigard Urban Service Agreement
November 26,2002
Page 13
WASHINGTON COUNTY
By:
Tom Brian, Chair Date
Board of Commissioners
Approved as to Form:
By:
County Counsel
Tigard Urban Service Agreement
November 26,2002
Page 14
METRO
By:
Presiding Officer Date
Approved as to Form:
By:
Legal Counsel
Tigard Urban Service Agreement
November 26,2002
Page 15
EXHIBIT A
PROVISIONS OF AGREEMENT FOR FIRE PROTECTION
AND PUBLIC EMERGENCY SERVICES
TUALATIN VALLEY FIRE AND RESCUE DISTRICT,CITY and COUNTY agree:
1. That the TUALATIN VALLEY FIRE AND RESCUE DISTRICT(TVFR)is and shall
continue to be the sole provider of fire protection services to the Tigard Urban Service Area
(TUSA)shown on Map A.
2. That TVFR, CITY and COUNTY are and shall continue to provide emergency management
response services to the TUSA.
3. That TVFR is and shall continue to be the sole provider of all other public emergency services
to the TUSA,excluding law enforcement services.
Tigard Urban Service Agreement
November 26,2002
Page 16
EXHIBIT B
PROVISIONS OF AGREEMENT FOR PUBLIC TRANSIT SERVICE
TRI-MET,CITY, COUNTY and METRO agree:
I. That TRI-MET,pursuant to ORS Chapter 267,is currently the sole provider of public mass
transit to the Tigard Urban Service Area(TUSA)shown on Map A. Future options for public
mass transit services to the TUSA may include public/private partnerships to provide rail or
other transit service, CITY operated transit service,and transit service by one or more public
agency to all or part of the area.
2. That TRI-MET shall work with the COUNTY, CITY,and METRO to provide efficient and
effective public mass transit services to the TUSA.
Tigard Urban Service Agreement
November 26,2002
Page 17
EXHIBIT C
PROVISIONS OF AGREEMENT FOR LAW ENFORCEMENT
COUNTY and CITY agree:
i. That as annexations occur within the Tigard Urban Service Area shown on Map A,the CITY
will assume law enforcement services and the area will be withdrawn from the Enhanced
Sheriff's Patrol District. The Sheriff's Office will continue to provide law enforcement
services identified through the Cogan Law Enforcement Project and those services mandated
by state law. Eventually,the Enhanced Sheriff's Patrol District,consistent with its conditions
of formation,will be eliminated when annexations on a county-wide basis reach a point where
the function of the District is no longer economically feasible.
2. That over time as annexations occur within the urban unincorporated area,the primary focus
of the Sheriff's office will be to provide programs that are county-wide in nature or serve the
rural areas of the COUNTY. The Sheriffs office will continue to maintain needed service
levels and programs to ensure the proper functioning of the justice system in the COUNTY.
The Sheriff's Office will also continue to provide available aid to smaller cities(e.g.,Banks
and North Plains)for services specified in the COUNTY'S mutual aid agreement with those
cities upon their request. The Sheriffs Office will also consider requests to provide law
enforcement services to cities on a contractual basis consistent with the COUNTY's law
enforcement contracting policy.
3. That the COUNTY and CITY and other Washington County cities,through the Cogan Law
Enforcement Project,shall determine the ultimate functions of the Sheriffs Office that are not
mandated by state law.
4. That the COUNTY and CITY shall utilize comparable measures of staffing that accurately
depict the level of service being provided to residents of all local jurisdictions in the COUNTY.
Tigard Urban Service Agreement
November 26,2002
Page 18
EXHIBIT D
PROVISIONS OF AGREEMENT FOR PARKS,RECREATION AND OPEN SPACE
CITY,TUALATINN HILLS PARK AND RECREATION DISTRICT(THPRD),COUNTY,and
METRO agree:
1. That the CITY shall be the designated provider of park,recreation and open spaces services to
the Tigard Urban Service Area(TUSA)shown on Map A. Actual provision of these services
by the CITY to lands within the TUSA is dependent upon lands being annexed to the CITY.
Within the Metzger Park Local Improvement District(LID),the CITY will be a joint provider
of services. The CITY and THPRD,however,may also enter into inter-governmental
agreements for the provision of park,recreation and open space services to residents within
each other'boundaries, such as the joint use of facilities or programs. This provision does not
preclude future amendments to this AGREEMENT concerning how park,recreation and open
space services may be provided within the TUSA.
2. That the CITY and the COUNTY should further examine the feasibility of creating a park and
recreation district for the TUSA.
3. That standards for park,recreation,and open space services within the TUSA will be as
described in the CITY'S park master plan.
4. That the CITY and COUNTY are supportive of the concept of a parks systems development
charge as a method for the future acquisition and development of parks lands in the TUSA that
are outside of the CITY. The CITY and COUNTY agree to study the feasibility of adopting
such a systems development charge for lands outside of the CITY.
5. That at the next update of its parks master plan,the CITY shall address all the lands within
the TUSA.
6. That the Metzger Park LID shall remain as a special purpose park provider for as long as a
majority of property owners within the LID wish to continue to pay annual levies for the
operation and maintenance of Metzger Park. The CITY and COUNTY also agree to the
continuation of the Metzger Park Advisory Board. However,the COUNTY as administrator
of the LID,may consider contracting operation and maintenance services to another provider if
that option proves to be more efficient and cost-effective. This option would be presented and
discussed with the Park Advisory Board before the COUNTY makes a decision.
7. That continuation of the Metzger Park LID shall not impede provision of parks,and eventually
recreation services,to the Metzger Park neighborhood by the CITY. Continuation of the
Metzger Park LID will be considered as providing an additional level of service to the
neighborhood above and beyond that provided by the CITY.
Tigard Urban Service Agreement
November 26,2002
Page 19
8. That the CITY and COUNTY will coordinate with Metro to investigate funding sources for
acquisition and management of parks which serve a regional function.
9. That Metro may own and be the provider of region-wide parks, recreation and open space
facilities within the TUSA. Metro Greenspace and Parks facilities typically are to serve a
broader population base than services provided to residents of the TUSA by the CITY. Where
applicable,the CITY, COUNTY,and METRO will aspirc to coordinate facility development,
management and services.
Tigard Urban Service Agreement
November 26,2002
Page 20
EXHIBIT E
PROVISIONS OF AGREEMENT FOR ROADS AND STREETS
CITY and COUNTY agree:
1. Existing Conditions and Agreements
A. The COUNTY shall continue to retain jurisdiction over the network of arterials and
collectors within the Tigard Urban Service Area(TUSA)that are specified on the
COUNTY-wide roadway system in the Washington County Transportation Plan_ The
CITY shall accept responsibility for public streets,local streets,neighborhood routes and
collectors and other streets and roads that are not part of the COUNTY-wide road system
within its boundaries upon annexation if the street or road meets the agreed upon standards
described in Section 2.C.(2)below.
B. The COUNTY and CITY agree to continue sharing equipment and services with renewed
emphasis on tracking of traded services and sharing of equipment without resorting to a
billing system,and improved scheduling of services. Additionally,the COUNTY and
CITY shall work to improve coordination between the jurisdictions so that the sharing of
equipment and services is not dependent on specific individuals within each jurisdiction.
The COUNTY and CITY shall also work to establish a more uniform accounting system
to track the sharing and provision of services.
C. Upon annexation to the CITY,the annexed area shall be automatically withdrawn from the
Urban Road Maintenance District(URMD).
D. Upon annexation to the CITY,an annexed area that is part of the Washington County
Service District For Street Lighting No. 1 shall be automatically withdrawn from the
District. The CITY shall assume responsibility for street lighting on the effective date of
annexation of public streets and COUNTY streets and roads that will be transferred to the
CITY. The COUNTY shall inform PGE when there is a change in road jurisdiction or
when annexation occurs and the annexed area is no longer a part of the street lighting
district.
2. Road Transfers
Transfer of jurisdiction may be initiated by a request from the CITY or the COUNTY.
A. Road transfers shall include the entire right-of-way(e.g.,a boundary cannot be set down
the middle of a road)and proceed in a logical manner that prevents the creation of
segments of COUNTY roads within the CITY'S boundaries.
Tigard Urban Service Agreement
November 26,2002
Page 21
B. Within thirty days of annexation,the CITY will initiate the process to transfer jurisdiction
of COUNTY and public streets and roads within the annexed area, including local streets,
neighborhood routes,collectors and other roads that are not of county-wide significance.
The transfer of roads should take no more than one year from the effective date of
annexation.
C. The COUNTY:
(1) To facilitate the road transfer process,the COUNTY will prepare the exhibits that
document the location and condition of streets to be transferred upon receipt of a
transfer request from the CITY.
(2) Prior to final transfer,the COUNTY
(a) Shall complete any maintenance or improvement projects that have been planned
for the current fiscal year or transfer funds for same to the CITY.
(b) Shall provide the CITY with any information it may have about any neighborhood
or other concerns about streets or other traffic issues within the annexed area.
This may be done by providing copies of COUNTY project files or other
documents or through joint meetings of CITY and COUNTY staff members.
(c) Shall make needed roadway improvements so that all individual roads or streets
within the area to be annexed have a pavement condition index(PCI)of more than
40 and so that the average PGI of streets and roads in the annexed area is 75 or
higher. As an alternative to COUNTY-made improvements,the COUNTY may
pay the CITY'S costs to make the necessary improvements.
(d) Shall inform the CITY of existing maintenance agreements,Local Improvement
Districts established for road maintenance purposes,and of plans for maintenance
of transferred roads.The COUNTY shall withdraw the affected territory from any
road maintenance LIDs formed by the COUNTY.
D. The CITY:
(1) Agrees to accept all COUNTY roads and streets as defined by ORS 368.001(1)and
all public roads within the annexed area that are not of county-wide significance or are
not identified in the COUNTY'S Transportation Plan as part of the county-wide road
system provided the average PCI of all COUNTY and public roads and streets that the
CITY is to accept in the annexed area is 75 or higher as defined by the COUNTY'S
pavement management system. If any individual COUNTY or public street or road
that the CITY is to accept within the area has an average PCI of 40 or less at the time
of annexation,the CITY shall assume jurisdiction of the road or street only after the
COUNTY has complied with Section 2.C.(2)of this exhibit.
(2) Shall,in the event the transfer of roads does not occur soon after annexation,inform
the newly annexed residents of this fact and describe when and under what conditions
Tigard Urban Service Agreement
November 26, 2002
Page 22
the transfer will occur and how maintenance will be provided until the transfer is
complete.
E. The CITY shall be responsible for the operation,maintenance and construction of roads
and streets transferred to the CITY as well as public streets annexed into the CITY. CITY
road standards shall be applicable to transferred and annexed streets. The CITY shall also
be responsible for the issuance of access permits and other permits to work within the
right-of-way of those streets.
3. Road Design Standards and Review Procedures and Storm Drainage
The CITY and COUNTY shall agree on:
A. The CITY and COUNTY urban road standards and Clean Water Service standards that
will be applicable to the construction of new streets and roads and for improvements to
existing streets and roads that eventually are to be transferred to the CITY, and streets and
roads to be transferred from the CITY to the COUNTY;
B. The development review process and development review standards for COUNTY and
public streets and roads within the TUSA,including COUNTY streets and roads and
public streets that will become CITY streets,and streets and roads that are or will become
part of the COUNTY-wide road system;and
C. Maintenance responsibility for the storm drainage on COUNTY streets and roads within
the TUSA in cooperation with Clean Water Services.
4. Review of Development Applications and Plan Amendments
A. The COUNTY and CITY,in conjunction with other Washington County cities and the
Oregon Department of Transportation(ODOT),shall agree on a process(es)and review
criteria(e.g.,types and levels of analysis)to analyze and condition development
applications and plan amendments for impacts to COUNTY and state roads.
B. The review process(es),review criteria,and criteria to condition development and plan
amendment applications shall be consistent with the Oregon Highway Plan,the Regional
Transportation System Plan,COUNTY and CITY Transportation Plans and Title 6 of
METRO'S Urban Growth Management Functional Plan.
5_ Maintenance Cooperation
A. The COUNTY and CITY,in conjunction with ODOT, shall consider developing an Urban
Road Maintenance Agreement within the TUSA area for the maintenance of COUNTY,
CITY,and state facilities,such as separately owned sections of arterial streets and to
supplement the 1984 League of Oregon Cities Policy regarding traffic lights.
Tigard Urban Service Agreement
November 26,2002
Page 23
A. The COUNTY and CITY,in conjunction with other Washington County cities,shall
develop a set of minimum right-of-way maintenance standards and levels of activity to be
used in performance of services provided under the exchange of services agreement
described above in 5.a.
C. The COUNTY may contract with the CITY for the maintenance of COUNTY streets and
roads within the TUSA utilizing an agreed upon billing system.
D. The COUNTY, CITY and ODOT, in conjunction with other Washington County cities,
will study opportunities for co-locating maintenance facilities.
6. Implementation
Within one year of the effective date of this AGREEMENT,the CITY and COUNTY agree to
develop a schedule that describes when the provisions of this exhibit shall be implemented.
Tigard Urban Service Agreement
November 26,2002
Page 24
EXHIBIT F
PROVISIONS OF AGREEMENT FOR SANITARY SEWER
AND STORM WATER MANAGEMENT
CLEAN WATER SERVICES, (CWS), CITY and COUNTY agree:
1. As a county service district organi7.ed under ORS 451,CWS has the legal authority for the
sanitary sewage and stone water(surface water)management within the CITY and the urban
unincorporated area. CWS develops standards and work programs,is the permit holder, and
operates the sanitary sewage treatment plants.
2. The CITY performs a portion of the local sanitary sewer and storm water management
programs as defined in the operating agreement between the CITY and CWS. This agreement
shall be modified on an as-needed basis by entities to the agreement.
3. At the time of this AGREEMENT,the following are specific issues that the parties have
addressed as part of this process and agree to resolve through changes to current
intergovernmental agreements.
A. Rehabilitation of Sewer Lines with Basins Identified with High Levels of Infiltration and
Inflow_(I &1).
B. For lines that are cost-effective to do rehabilitation, CWS and the CITY will consider cost-
sharing regardless of line size under a formula and using fund sources to be agreed on
between CITY and CWS.The cost-share is to be determined through specific project
intergovernmental agreements. Following the evaluation of program funding methods,
CWS,in cooperation with the CITY,will determine the long-term funding for I&I and
other rehabilitation projects.
C. CWS,with assistance from the CITY and other Washington County cities, shall undertake
periodic rate studies of monthly service charges to determine whether they are adequate to
cover costs,including costs of maintenance and rehabilitation of sewer lines. The rate
study shall consider sewer line deterioration and related maintenance and repair issues.
4. Master and Watershed Planning:
A. Primary responsibility for master and watershed planning will remain with CWS,but the
CITY will be permitted to conduct such planning as long as these plans meet CWS
standards. CWS and the CITY shall use uniform standards,such as computer modeling,
to conduct these studies. CWS and the CITY shall determine their respective cost-sharing
responsibility for conducting these studies.
Tigard Urban Service Agreement
November 26,2002
Page 25
B. CWS and the CITY,in conjunction with other Washington County cities using the
City/District Committee established by CWS,shall develop uniform procedures for the
coordination and participation between CWS,the CITY and other cities when doing
master and watershed planning.
5. Sanitary Sewer Systems Development Charges
CWS and the CITY,in conjunction with other Washington County cities, shall use the results
of the CWS Conveyance System Management Study,or updates, for options for collection and
expenditure of SDC funds to address current disparities between where funds are collected and
where needs are for projects based on an agreed upon CITY/CWS master plan.
6. Storm Water Management System Development Charges
A. CWS and the CITY shall use the results of the CWS Surface Water Management Plan
Update Project to address all aspects of storm water management and to provide more
direction to CWS and the CITY.
B. Watershed plans being prepared by CWS for storm water management shall address the
major collection system as well as the open-channel system to identify projects for funding.
7. Maintenance
CWS,in cooperation with the CITY and other Washington County cities, shall use the results
of the CWS Conveyance System Management Study for guidance to resolve issues related to
roles of the DISTRICT and the cities in order to provide more cost effective maintenance of
the collection systems.
Tigard Urban Service Agreement
November 26,2002
Page 26
EXHIBIT G
PROVISIONS OF AGREEMENT FOR WATER SERVICE
TUALATIN VALLEY WATER DISTRICT(TVWD),TIGARD WATER DISTRICT(TWD),
CITY and COUNTY agree:
1. Supply:
A. Supply generally will not impact service boundaries,given that a limited number of
sources provide all the water in the study area and the number of interconnections between
providers are increasing and are encouraged to continue in the future.
B. Future supply and conservation issues may be addressed through the Regional Water
Consortium to the extent reasonable and practicable for water providers in Washington
County. Service providers in the TUSA shall continue to participate in the Consortium
and use it as the forum for raising, discussing and addressing supply issues.
C. The Consortium may also serve as a forum to discuss and resolve water political issues to
the extent reasonable and practicable for water providers in Washington County. The
Consortium is an appropriate forum to bring elected officials together and for promoting
more efficient working relationships on water supply and conservation issues.
D. Intergovernmental agreements shall address ownership of interconnections between CITY
and Districts' sources,whether for the purpose of wholesale provision of water from one
entity to the other or for cmcrgcncy use,in the case of a boundary change that involves the
site of the interconnection.
2. Maintcnance/Distribution:
A. TVWD,TWD and the CITY do not anticipate any events in the foreseeable future that
would necessitate maititenaucc, cchabiiitation ur replacement beyond the financial reach of
any of the water providers in the TUSA. Each provider will continue to be responsible for
providing the financial revenue stream through rates and charges and to accrue adequate
reserves to nneet foreseeable major maintenance needs.
B. TVWD,TWD,CITY,and COUNTY agree to maintain and participate in the Cooperative
Public Agencies of Washington County in order to efficiently share and exchange
equipment and services.
C. To the extent reasonable and practicable,TVWD,TWD and the CITY shall coordinate
mandated(under Oregon law)underground utility locating services to efficiently provide
service within the urban service areas.
Tigard Urban Service Agreement
November 26,2002
Page 27
D. TVWD,TWD and CITY agree to provide to one another copies of as-builts of existing
and new facilities and other types of water system maps for the purposes of facilitating
planning,engineering and design of other utilities or structures that may connect,intersect
or be built in proximity to CITY facilities. The CITY agrees to incorporate such mapping
into its GIS mapping system of utilities and other facilities. TVWD,TWD and CITY
agree to develop and maintain a common,on-going,up to date GIS mapping system
showing facilities of each water provider within the TUSA.
3. Customer Service/Water Rates:
A. Price of supply and bonded indebtedness will most likely have the greatest impact on rates.
B. TVWD,TWD,and the CITY believe that rates are equitable within the TUSA.
C. Given adequate water pressure,level and quality of service should not vary significantly
among different water providers in the TUSA and does not appear to be an issue for most
customers.
4_ Withdrawal/Annexation/Merger-
A. Notwithstanding Section I of this AGREEMENT-Roles and Responsibilities,or existing
agreements between the providers,.fixture annexations may lead to changes in service
provision arrangements. Modifications to any service area boundary shall comply with
METRO Code Chapter 3.09 and provisions identified under Section W. If necessary,the
Metro Boundary Appeals process shall be employed to resolve conflicts between parties as
they arise. TVWD,TWD,and the CITY shall continue to work together to adjust
boundaries as appropriate to improve the cost-effectiveness and efficiency of providing
service.
B. In the event that the entire service area of any DISTRICT is annexed in the future,that
district shall be dissolved. No attempt shall be made to maintain the district by delaying
annexation of a token portion of the district(e.g.,the district office).
C The area of TVWD known as the Metzger service area shall remain in TVWD,except
those portions agreed to by both TVWD and CITY that may be withdrawn from TVWD
upon annexation to the CITY. In exchange,TVWD will support the CITY joining as a
partner of the Joint Water Commission.
D. Providers that propose a merger,major annexation or dissolution shall give all providers in
the study area an opportunity to influence the decision as well as plan for the
consequences. None of the parties waives its right to contest a major or minor boundary
change by any of the other parties on the issue of the appropriate service provider for the
area encompassed by the boundary change except when the party has expressly waived
that right as to a described service area in an agreement executed subsequent to this
agreement.
wpshare\Sb122\Tigard USATinal Agreement 11-26-02.doc
Tigard Urban Service Agreement
November 26,2002
Pagc 28
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