City Council Packet - 08/12/1974 i
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TIGARD CITY COUNCIL
R::GIJLAR MEETING''
AUGUST :12, 1974,1 '-30 P:.M.
CHARLES F. TIGARD GRADE SCHOOL'
ADMINISTRATION OFFICES
AGENDA.
1, CALL TO ORDER
2. ROLL CALL
3. PLEDGE OF 'ALLEGIANCE
4, APPROVAL OF MINUTES, July 22, 29, August. .5; 197-
5. WRITTEN COMMUNICATIONS
6. APPROVAL OF EXPENDITURES S -LNVESTMENTS. S106 ',16>99
7. PRESENTATION Repret:e,tativvcs of 72nd, Haines & 217 area.
8. AUTHORIZE REFUND HOLLCRAFT HOMES, INC. - Building'Pccrut Fee $134.00,
Sewer Permit,and Inspection Fe, S-'25.00.
(H). Recommendation of City Adutir.islrator.
9. RESOLUTION-No, 74- RESOLUTION OF I'HE:TIGARD.CITY COUNCIL ADOPI;NG A BUS
PASSENGER SHELTER COOPERATIVE AGREEMENT rAS.PROPOSED BY
THE TRI-CO' METROPOLITAN TRANSPORTATION DISTRICT
OF:'OREGON (:TRI.^MET).
10. AWARD OF BID'.OPENING - S.W. StreetL.I.D.
(a) Recommendation of DirccLot cf Publtr;'Services and Facilities,
11. APPEAL OF PLANNING COMMISSION CONDITIONS OF APPROVAL OF MINOR LAND
PARTITIONING - Richard Pike.
(a); Setting of Public Hearing, 8,00 P.M., August: 26, 1974,
12. RESOLUTION No. 74--. A RESOLUTION OF THE TIGARD CITY COUNCIL MAKING AN
. .APPOINTMENT TO THE PLANNING COMMISSION.
(a) Recommendation of City Administrator.
13. REPEALING TIRE. RETREADING AS A CONDITIONAL USE IN A C-3 ZONE
(a) Setting of Public Hearing 8.00 P.M., August 26, 1974,
14. ORDINANCE Nr,. 7Z--4f) AN ORDINANCE AMENDING CHAPTER 18.52 (_Industrial Park
Zone M-4) OF THE TIGARD MUNICIPAL CODE TO INCLUDE TIRE
RETREADING AS A PERMITTED USE AND PRESCRIBING AN EFFECTIVE
DATE.
(a) Second reading of ordinance,
15. FLOOD PLAIN ORDINANCE - An ordinance controlling fil.l.i.9g and development in the
flood plain of Fanno Creek and its tributaries, as
defined by the :.00 }'ear flood icvel on Washingtcn County
Flood Plain Series Maps dated April, 1974.
(a) 8:00 P.M. Public Hearing.
16. RESOLUTION No. 74--_ A RESOLUTION CONCERNING VACATION OF AN UNDEVELOPED
20 FOOT WIDE DEDICATED PUBLIC RIGHT-OF-WAY IN THE CITY
OF TIGARD, WASHINGTON COUNTY, OREGON.
(a) Setting of Public Hearing 8-00 P.M. September 23, 1974.
(b) Recommendation OfDiTector Of Public Services & Facilities,
1.7. RESOLUTION N.. 71•• ARESO!UTI,ON CONCERNING VACATION .OF A DEDICATED PORTION
-� - OF S.W. 107th AVENTIE IN THE CITY OF TIC-ARD, WASHINGTON
COUNTY, OREGON.
(a), Setting of Publi; Hsi g ?i:00 P.M., SeprFmber 23; 1974.
(b) Recommendation of Dire-to., of Public S, • Lc cs & Faci'ities,
18. NOMINATING PETITIONS - CITY COUNCIL
(a) Legal. .Op:nionby Lszal Counsel..
(b) Council Action,
19 . OTHER BUSINESS $
20. CALL TO AUDIENCE FOR THOSE DESIRING TO SPEAK.
21. ADJOURNMENT.:.
PAGE 2 - COUNCIL AGENDA - AUGUST '..1, 197L
I [. _A
REGULAR MEETING AUGUST 12, 191=., 7,30 P,Mo
1. ROLL CALL: Present: Mayor Floyd H. Berguann; Councildlm Jc;}.n E. Cook,
Robert C. Moore, ,Charles L. Norton; Fred A. Anderson, Lrgal
Counsel; Winslow C. Brooks',. City Planner; Bruce P. Clark,:
City Administrator; Doris Hartig, Ciky Recd*der, Nick Hiebrrt,
Director of.:"Public'.Services and FaciLities Donald L_ Rei,`
PolLce Liemt.enant..
2. APPROVAL OF MINUTES, July 22, '29, 197—
(a) City Administrator requested the AM'Us ,L1l minut<s he deleted'i •ori
the .,agenda.
Minutes of .July 22, 29, lq7& approvkcd'as aubmi t led.
3. WRITTEN COMMUNICATIONS
(a) None
4. APPROVAL OF EXPENDI'T'URES.& INVESTMENTS.$105,553,69
(a) ..Motion to: approve: Councilman Moore; seconded by Councilman Cook-,
Approved by unanimous vote of Council present. :
5. PRESENTATION - Representatives of 72nd, Haines and 21.7 area.
(a) Mr. Fred Fields, spokesman fnrgroup representing thei2nd Street,
!f dhway..,217.interchange and more particularly;Mr. Hufschmidt of Western
Foundry, Sid Reese of Lamb Weston, Mike Oberdorf of Farmers `Insurance
and Del Ball of:Del Ball Ford,:business men in area requesting City support
construction of a 4 Leaf clover interchange for Highway 217 and 72nd..
Street area. Mr. Fields spoke of projected traffic and requested City
general approval. Tony'Maksym testified against the,request for
'approvement as he felt the residential area in Rolling Hills should be
protected. Council expressed,their concern over the traffic problem
in the industrial and residential areas. City Administrator recommended
Council go on record with the County, State.of. Oregon and CRAG regarling
their concerns and that .the proposed development be favorable to both
residential and industrial needs.
(b) .Motion by Councilman Moore to instruct staff to.prepare resolution
for consideration at next council meeting;seconded by Councilman
Moore.0,,'A - Ff cs,C.x.p� c _-1-1,:_..,(, / &/"c/�.
Approved by unanimous vote of Counci.I p;:c-ent,
6. AUTHORIZE REFUND Holl.craft Homes I.nc. - Building Permit Fee $134.00; sewer
permit and inspection fee $525.
(a) Motion to authorize refund. Councilman Moore, seconded by Councilman Cook..
Approved by unanimous vote of Council.
7. RESOLUTION No. 74-44 RESOLUTION OF THE TIGARD CITY COUNCIL ADOPTING A BITS
PASSENGER SHELTER COOPERATIVE AGREEMENT AS PPCIPOSEU BY
y THE TRI-COUNTY METROPOLITAN TRANSPOR ATION DISTRICT O"r
OREGON (TRI-MET).
(a) Motion to adopts Councilman Cook, seconded by Council*,.a+: t
Approved by unanimous vote of Council present.
8. BID OPENING S�W, MURDOCK STREET L.I.D.
(a) 'Director of Public Services and Facilities rcportcd'the rotlowing bids
were received and recommended the contract be awarded to the Low.biddcr,
Miller and Sons, in the ,amount of $L4,054.60.
:.Bunyard d Pettit Miller h. S,,ns
7530 N:E.*Glisan Route 3,, Box 62
Portland, Oregon 97213 Sherwood, Oregon 97140
$18,584.00 $14,054.60
NoBond-Submitted .`:.Bid Bond Fnciosed _
Montie Montgomery 'Roger Shearcr.F.xcavating n Br,ekhc:~
73.55 SE ,Johnson Creek Blvd. P. 0, Box o,i
Portland, Oregon Gresham, Ore, 97030
$24,868.00 $18,410.uO
Bid Bond Enclosed Bid Bend'EncLoscd
V S R Excavating Cn.
042 N.'Pacific Hwy,
Woodburn, Oregon
$18,704'.60
' ..Bid Bond Enclosed
(b) Motion by Councilman Moore to award the contract to.Miller and Sons
in the amount'of $14,0.54.60; seconded by.Councilman,Cook.
Approved by unanimous vote of Council present.
9. APPEAL OF PLANNING COMMISSION CONDITIONS OF APPROVAL OF MINOR IAND PARTITIONING
Richard Pike
(a) : Setting,.of Public Hearing 3.00 P-M. August 26, 1974 '.
(b) Motion to setpubLie hearing:. Councilman Norton, seconded by Councilman
Cook.
Approved by unanimous,votF, of Council present.
10. RESOLUT10N No. 74-45 A RESOLUTION OF THE T:IGARD CITY C01!:NC1L MAKING AN APPOINT-
MENT TO THE PLANNINGCOMMISSION.
(a) City Administrator reported the Interview Committee recommended the:
appointment of Allan :Popp to serve on the .Planning Commission for a .
term.expiring 7/L/78,- -. -
RM (b) Motion to adopt,- Councilman Norton; seconded by Councilman Moore.
Approved by unanimous vote of Council present.
11. REPEALING TIRE RETREADING AS A CONDITIONAL USE IN A C-3 ZONE
(a) Setting of Public Hearing 8e0O P:M. August 26, 1.974.
(b) Motion to set public hearinga Councilman Norton, seconded by Councilman
Moore.
Approved by unanimous vote of Council present.
12. ORDINANCE No. 74-46 AN ORDINANCE. AMENDING CHAPTER L8.52 (Industrial Park
Zone M-4) OF THE TIGARD MUNICIPAL. CODE TO INCLUDE TIRE
RETREADING AS A PERMITTED USE AND PRESCRIBING AN
EFFECTIVE DATE,
(a) Second reading of ordinance.
(b) Motion to adopt-, C,ounCilman Cook, seconded by Councilman MOrc,
Approved by 3-1 majority vote of Council present. Roll Cal-1 cf vote
as follows: Mayor Bergmann, AYE; Councilman Cook, AYE, Councilman
Moore, AYE; Councilman Norton, NAY.
PAGE 2 - COUNCIL MINUTES - AUGUST 12, 1974
rs:
e '
13. FLOOD PLAIN ORDINANCE -''AN ORDINANCE CONTROLLING ri1LLNG AND DEVELOPMENT IN
THE FLOOD PLAIN OF FANNO CREEK.:AND TIS".TRIBUTARIES, AS
DEFINED.BY THE 100 YEAR:FLOOD LEVEL ON' WASHINGTON COUNTY
"FLOOD PLAIN SERIES MAPSDATED:APR 11, 11)74;
(a) 8:00 P.M. Public [fearing.-
Film was shown with respert to f"__c!ding probl-fis and proposed ordinance
' was reviewed by City.PLaoner.
Those who( testtfi..cd.
-:Alex Arseniev of.Slcavirt;.- Kor9, -->ulIing enginerrs.
Bill Heppnfr
Roy Shaw
l!a'. Stoltz
Joe S;.hul.te
Al Tl_mas
Ji.m Bishop _
Tony Maksym
Public Hearing Closed.
Council 'discussed cleanup work in Fanno..Creek area prior to winter
rains.
(b) Motion by( Councilm.ri Nor[..n Lo in'�tTnCt.staff to prepare resnlutic.n
to register City'_ c , ern with C.S.A.; seconded by Councilman Cook.'
Approved by unaniwous vbtc- of
(c) Motion hy:Ctyu*rcil-man C;,ck that flood plain ordinance he prepared for
next Council tdeetrng, scconded,by:Councilman Norton.
Approved by unanimous vote of Council present.
14. '.RESOLUTION No. 7Z;-16 A RESOLUTION CONCERNING VACATION OF AN UNDEVELOPED 20
FO0T WIDE DEDICATED"PIBI.I.0 RIGHT-OF-WAY IN THE CITY.OF
T-IGARD.,.WASHINGTON COUN'T'Y, OREGON,
(a) Director of Public Services and Facilities recommcnded'setting of
public hearing for 8.00 P.M. September 23, 1974.
(b) Motion to adopt-, Councilman Moore, seconded by Councitman Cook.
Approved by unanimou- vote of Council. present:.
15. RESOLUTION No. 74-41 A RESOLUTION CONCERNING VACATION OF A DEDICATED PORTION
OF S.W, 1.6?thAVENUE 1N THE CITY OF TIGARD, WASHINGTON
COUNTY, OREGON,
(a) Director of Public Services and Fs:.iiiti.es setting of
Public. Hearing for 8:00 P.M, September 23, L97_.,
(b) Motion to adopt.; C.ouncitc.a*: Moore secs riled by CcuntiLman N.,rtr,r.. ,...&
Approved by unani.mcu� v;:te <f Ccuncil preaent,
LG. NOMINATING PETITIONS - City Ccuncil
(a) Before opening this item for discussion. Mayor Brlrgma—t stated he would
abstain from voting, however would :hair the eetine, and read a stater.,«
proposing a special election be. field to 0—ange the resid<rcy requirements
with respect to candidates. Living in reeently annexed meas.
Attorney Andetson stated that his Legal. opinion was. that. the.charter
requirement of one year Lesi.den y desqualified the Roll.ing.HiLl_s &
DErry Dcll candidates and di.scu sed various alrernatives through court
proceedings that would decide the issue,
PAGE 3 - COUNCIL MINUTES - AUGUST 12, 1974
L
16. (cont.)
Proposed chatter amendment was discussed by AttorneyAnderson, Council,
`Mr. Bishop, Mr, Maksym, Bett.y.;.Pardow, Brent Bishop.
(b) Motion by Councilman Cook to Instruct.Attorney Anderson to prepare
an ordinance to submit to the voters a charter amendment to allow the
citizens who have lived one .year in the annexed areas anopportuni..ty
to run for Council positions; motion seconded by Councilman Norton.
.Approved by unanimous vote of Council;presr.nt with Mayor Bergmann
abstaining.
17. OTHER BUSINESS'
A. Mayor Bergmann called a special meeting of Council for Wednesday
:August 14, 1974 at 7:30 P,M.. at City,Hall for'..the purpose of .canvassing
the vote, reviewing and revi,ing the budget if necessary,-and to
considerthe adoption of an ordinance calling for election
charter. toamend the
B. RESOLUTION No, 74-48 'A RESOLUTION OF THE TIGARD CITY COUNCIL AUTHORIZING
THE CHANGE OF NAME FOR THE.TIGARD C.IT.IZEN-:POLIC.E
COMMUNITY RELATIONS COUNCIL TO TIGARD - CITIZENS
-AND POLICE (T-CAP)
(1) Motion to adopt: Counuilman Moore, seconded by Councilman Norton,
Approved byunanimeus vote of Council present.
C. ADJOURNMENTS 11:05 P.M.
41 -otder
ATTEST:
Mayor
PAGE 4 COUNCIL MINUTES - AUGUST 12, 1974
BILLS PRESENTED FOR PAYMENT AUGUST 12, 1974
General Fund - U. S. National Bank
Check No.
1.5373 Rogene' Regehr - budget election 10) 34.00
15374 JoAnn Grund - budget election RO) 34.00
15375 Doris Cooper - budget election 10) 34.00
15376 Beulah Butterfield - budgetelection RO) 34.00
15377 Barbara Memovich - budget election (10) 34,00
15378 State of Oregon license suspension (11) 55.00
15379 Clarence & Bernadine M. Wiese witness fee ll 12.80
15380 Petty Cash travel expense, postage, mise. office60.49
supplies (19) 5.45 (10) 5.00 (13) 18.22 (17)` 2.50
(21) 5.00: (12) 9.00 (15) 14.92 _(18) .40
15381 Roger Thomssen recording fees 21) 45,00
15382 Larry Klanz - fee for defending Barbara Ornduff. 11) 50.00
15383 Raag� Thomsaen recording 21) 12.00
15384' ASE Supply, Inc. - cylinder head gasket, muffler for
Toro mower (17) 19.85
15385 Beaverton Printing - mechanical permits &' masters (13) 139.00
15386 Mr. C's photo - film processing, (16) 13.80
15387 Casey Tractor & Equip. - box rivets bar mower (20) 1.35
°15388 Electronics; Div. Precinct books for June 20 and
July' 16th' elections (10) 30:90
15389 ` Columbia Maintenance janitor service (18) 198.02 `(16) '44.00
242.0
15390 Ma
ryatt Ind. - laundry (20) 36.00
15391; Lois Louis Heide' - witness fee (11) 5.00
1:5392 Public Employees Retire - social security(10) 9.57 (14)
166.74 (16.3) 54.99 (21) 148.49 (11) 34.57 (15) 63.04
R17 44.05 (612) 2185.45 (12) 104.63 1.6) 1048.17
8� 21.29 (13) 144.92 (16.2) 161.24 (19) 183.75 4370.90
15437 US National bank - fed. withholding (613) 5716.16
15438 State of Oregon - state it (614) 1870.45
15439 American United Life Ins. - palice ins. (618) 107.25
(16) 16.20 (16.2) 2.70 (16.3) .90 127.05
15440 0 regon Admin. Co. - accident ins. (619) 40.29
15441 WashCo. Fed. Credit Union - payroll deduct. (699) 375.00
15442 Police Officers Assoc - payroll deduct. (611) 194.50
15443 U.S. National Bank Bonds (610) 131.25
15444 Travelers Ins. Co. - retirement (10) 4.91 (13) 9.81
(19) 69.54 (12) 4.91 (15) 26.50 (21) 56.52
(608) 206.19 378.38
15446 ICMA Retirement - City Manager (104) 48.75 (608) 49.66 98.41
15447 Bankers Life - police retirement (608 1014.05
15448 Roger J. Thompson - witness fee (11 13.60
15449 Sharon L. Lewis - witness fee 11 8.00
15450 N. W. Natural Gas - utilities (15) 5.97 (18) 6.20
(20) 6.68 (16) 3.66 22„
15451 Peter's Office Supply - file jackets (13) 25.76
15452 Physicians & Surgeons - lab work - physical exam -
P. Samuelrich (18) 6.00
15453 Portland General Electric - utilities (15) 10.83 (17) 66.66
(18) 119.80 (20) 29.79 (16) 49.81 276.89
454 City of Poutland - wiping rags (20) 34.00
:15455 Rentex Corp. - laundry (15) 16,45 (16) 11.00 (18)41.55 69.00
15456 Shell Oil Co. - super shell (13) 19.63 (19) 10.12 29,75
15457 J. N. Tarro, MD - Samuelrich - physical:'` exam 18) 74,00
15458 J. Thayer Co. - journal & Ledger forms 21) 27.67
15459 City of Tigard - utilities 16) 9.00
5
i
15460 Tigard Water Dist. - util. i7 19.60
15461 Times Litho Print - 1500 ballots �10�} 60.45
15462 Times Publications - notice of public hearing special
elections ( (10) 28.68
15463 Valle Auto Parts - spray paint, screwdriver (17) 5.94
(20� 3.88 9.82
15464 Whitcher Print & Stationery - bldg. permits - 'credit (12)
(2.70) (13) 213.20 210.50
15465 Wilsey"& Ham - professional services (20.1) LID 115th 234.00
15466 Nick Hiebert - travel (19) 34.10
15467 Pargas; - rental (12 5.00
15468 Shell Oil Co. - super shell (13) 19.63 (19) 10.12 29.75
35469 A-Boy West ,- plumbing supplies (17) 24.78
15470 Carl H. Buttke- 'FinalBill Engrs. Service (14) 150.00
1.5472 Dept. of Commerce - surcharge billing (623) 40.08
15473 Durham & Downey - printing (14) 18.00
15474 HalraAuto Supply - `auto parts (13) 6.82 (ll) 46.92
(20� 4.50 58.24
15475 Northwest Action & Enterprises - tow bill 16) 17.00
15476 ' Power Rents - trailer & trencher rental 17) 45.00
15477 TIMES Publication - abandoned property sale (16) 32.03
15478 Xerox equipment rental (16) 2.31 (10) 37.23 (12)
44.00 (14) 54.85 (19) 13.61 (11) 9.48 (13) 18.08
(15) 1.08 (21) 2.93 183.57
July,payroll 25,323.64
2,330.07
Sewer Fund - U. S. National Bank
Check No.
25 3+3b _Public employees retire bal. soc. sec. (101) 86.62 173.24
(612) 86.62)
15437 US Nat'l. Bank federal withholding
(613) ?_15.20
15438 State of Oregon '- state " (614) 78.90
15440 Oregon Admin Co. - accident ins. 619) .91
15444 Travelers Ins. - retirment (104)28.11 (608) 18.74 46.85
15462 Times Publication - Invitation for bids (31-340) 17.84
2917 Daily Journal of Commerce - Bid Purposes SW Murdock 52.00
LID - Murdock St. Sewer LSD
2919 Harris McMonagle - Mufdock St. Sewer LID 32.7-290) 722.00
15469 A-Boy West - plumbing supplies (210} 10.46
. 15474 Halray Auto Supply - auto parts (210) 17.84
2920 Aerial Mapping of Oregon - July services - mapping
of Tigard (291) 12,000.00
2921 Oregon State Hwy. Dept. - sewer line relocation (410) 4,283.33
2922 Unified Sewerage Agency- monthly service (754-755) 22,362.49
July payroll1 076.95
1,+ Ol
State Tax Street Fund - U. S. National Bank
Check No.
80 Petty Cash - police vehicle maint. (21OP) 4.00
15436 Public Employees retire bd. - soc. sec. (101) 187.46
(612) 187.46 374.92
15437 U.S. National Bank - federal withholding 613 456.40
15438 State of Oregon - state withholding 614 150.74
5440 Oregon Admin. Co. - accident ins. 619 4.55
15441 Wash. Co. fed. cr. union - payroll deduct. 16091 103.00
15444 Travelers Ins. - retirement (104) 68.01 (608) 45.34 113.35
5456 Shell Oil Co. - super Shell ((210)) 37.22 210P) 632.23
(2loP2) 153.86 893.31
e
15463 Valley Autu Parts - side view mirror (� J) 29.95
15467 Pargas - rental & propane (210) 15.00 (21OP) 7.69 ,22.69
2718 Harris Uniforms - Jennings, Landis, Farmer -,uniform
replacement (28OP)
2719 Sales Nine-T-Nine �- tail lights #6 bulb for police 257.85
vbhicle ( (210P) 1.65
e-120 Tigard Auto Body
2721 V`a'lley Communications - radio equip. (210 15,00
2722 Butler Tire - Michelin recaps 4 p' repair -Police 116.50
15468 ' Shell Oil Co. super Shell (210) 37.22 (210P) 632.23oP) 823.31
(21OP-2) 153. 0.18
86
15474 Halray Auto Supply - auto parts (210) 1.16 (220) ,ll.Leo
2725
(210P) 188.35 200.91
Tigard Auto Body - bumper
2726 Harris Uniformis - Officer Featherston's uniforms °280P) 84.00
2727 League of Oregon Cities - 3000 traffic citations
21728 Peerless Pacific 2112220 112.68
- 3l5 gt. galy. pipe (220) 480.68
2729 Portland Road & Driveway - 28.355 tons hot mix asphalt(220) 275.09
July payroll
2 00.89
P
Federal Revenue Share - U. S. National' Bank'
Check No.
291.9 Harris McMonagle - Commercial St. LID (290) 4,701.00
Geneval Obligation Bonds - U. S. National Bank
2723; Dept, of Finance & Admin. - Tigard Sanitary Sewer`
(860) 10,000.00 (861) 1409.18 11,409.18
Bancroft Assessment Fund - U. S. National Bank
2724 First National - coupon .interest
(8) 28.75
Total Checks Written for Expense 1 -g0
�vs`S:S3. G�i
}
BID OPENING AUGUST 9, 1974 4 :00 P.m. !
S.W. _lurdock St. L.I.D.
i
Bids were duly opened at (4 :00 P.m. in the Director of Public
Services and Facilities Office and the following bids were 'received:
Bunyard & Pettit $18,584.00 no exceptions
7530 N.E. Glisan
Portland, 97213 No Bond submitted
,
Miller & Sons $14,054.60 no exceptions
Rt �3, Box 62 Bid Bona Enclosed
Sherwood, Oregon, 97140
MOntieMontgomery $24,868. 00 no exceptions
7355 S.E. Johnson Creek. Blvd Bid Bond Enclosed
Portland, Oregon
Roger Shearer Excavating & Backhoe $1,°,410:80 - no exceptions
P.O. Box 653 Bid Bond Enclosed
Gresham, Oregon, 97030
R '& R Excavating Co. $18,704. 60 no exceptions
1542 N Pacific Hwy.
Woodburn, Oregon Bid Bond Enclosed
City Recorder'' j` ---
fi
i
LEE JOHNSON
ATTORN6V GENERAL �- JAMES TO EY G-IAM
�' � OG�uTY ATTORNCY GLNLH4L.
DEPARTMENT OF JUSTICE C , �� W\0
APPELLATE DIVISION
101 STATE OFFICE: BUILDING
SALEM. OREGON 97310
TELEPHONE: (503) 378.4402
August 2, 1974
The Honorable Mike Ragsdale
State Representative-
6520 SW Murray
Beaverton, Oregon97005
Re Opinion Request OP-3063
Dear Representative Ragsdale
This is in response to your inquiry concerning interpretation
and validity ,of certain provisions of the charter of the city
of Tigard. These provisions relate to qualifications for
election to city office. Chapter vI', Section :12 `diqualifies
a person from holding an elective office:
unless at the time of his election he
is a qualified elector , and has resided
in the City during the twelve months immediately
preceding the election."
i
Chapter VI, Section 31 permits nomination for elective office of: I
j
" [a] qualified elector who shall have resided
in the City during the twelve months immediately
preceding the election.
The question arises in connection with an individual who now
lives within the city of Tigard, and who has lived at his present
residence continuously for more than the twelve months required. `
But the area within which his residence is included was not a �
part of Tigard for the entire period; it was annexed to the city
within the twelve month period preceding the election in which
he desires to be a candidate for city office. -
Interpretation of the quoted language to determine whether or
not -it would disqualify the prospective candidate is primarily
a matter for determination by city election officials, on advice
of -the City Attorney or retained counsel. Recourse to the
courts would be available to a person who disagreed with the
determination. However, since a question of constitutionality
is involved, we furnish this opinion for their guidance.
1
The IJonorable Mike Ragsdale
August 2, 1974
Page;Two
The language, taken literally, does appear to disqualify the
prospective candidate. But the city of Tigard is a fairly
recent creation, incorporated in 1962 . We are led to believe
that the quoted provisions were part of the original charter.
If so, under a strictly literal construction no one ;could
have been eligible for election to city office during the
first twolve months of the city's existence, and for that',
first election of officers, at least, the only reasonable
construction of the language would be that it limited eli-
gibility to persons resident for 12 months before the election
interritory which ,.;as within the city at the time of election.
It seems reasonable_to, us, in' that rcase, that the same inter-
pretation would _still be valid.
Similar provisions have been construed in exactly this manner
in other cases. In McConnell v. '.Iarshall, 467 St 2d 318 (Ky App
1971) it was held that a recuirement of residency in a district
for one year before election means one year at a, place which is
in the district on election day. In Lindsey v. -Domingues,
217 Cal 533, 20 P2d 327 (1933) , district boundaries were changed,
and it e:as:held in dictum that a personwho moved before the
effective date of the chancre from a residence in an area trans
ferred, to a residence in a:. area remaining in the district,
would have,'been ' in compliance with the one year residency require-
ment. in the new district had he not moved.
Lindsev's actual holding, that the candidate was not an eligible
candidate in the district of his new residence, was severely
criticized 'and` in effect overruled in Wenke v. Hitchcock,
100 Cal Rptr 290, 493 Ptd 1154 (1972) , but nothing in that €
case casts doubt upon the dictum in Lindsev. The rule appears
to be that if a change of boundaries affects a residence , a f
potential candidate may by moving before the effective date
remain eligible in the original district, but if he retains ;
his residence he becomes eligible for -candidacy in the new {{{!
district.
We are strongly influenced in our conclusion by the rule that
in construction of laws relating to eligibility of candidates, t
doubt must be resolved in 'favor of the candidate. McKinney v.
Kaminskv, 340 F Supp 289 (D Ala 1972) . We are even more
strongly influenced by our belief, approaching conviction, that
a contrary construction of the charter provisions would be in
_ violation of the Equal Protection Clause of the. Fourteenth
Amendment of the United States Constitution.
A durational residency requirement of one year or any period
longer than necessary to complete voter-list preparation, etc. ,
has been held invalid as a requirement for voting in Dunn v.
Blumstein, 405 US 330 (1972) . Durational residency requirements
. j
a The Ilonorab`le Al a Ragsdale
7wUust 2, 1974
Page Three
I
for candidacy or office holding, of excessive length, have been
held invalid in Zeilenga v. Nelson, 4 Cal 3d x%16, 482 P2d 578
(1971) (five years) and Bolanoi•,ski v. Raich, _ 33 F Supp 724
(ED Mich 1971) (three ;years) . Sut we believe a one-year residency
requirement in the district for candidacy or office holding to
be valid, and it has been so held. Gralike v. Walsh, '483 'SW 2d
70 (Mo 1972) . The Oregon Constitution has such a requirement for
candidates for election to the legislature. Or Const Art IV,
§8; Roberts >v. -Myers, 260 Or 228 , 489 P2d 1148 (1971)
The defect of a strictly literal construction of the charter
Provision is that it would place residents of, areas newly
annexed to the city in a second-class status with respect to
other citizens. They could not become candidates for city
office,, although_ other citizens could. They could not vote to
be represented or be represented in office by their immediate
neighbors, although their concerns with city problems might
well be such that a person: from: another area "could` not (in 'their
opinion) adequately represent them and though an annexed area may
be large enough so that its voters could well elect a city ,council-
man, or hold the balance of power in a mayoral election.
It is reasonable to require a candidate to have the background
familiarity with city affairs which a minimum residency require-
ment would insure. But a resident of an area <'immediately ad-
jacent may also have this familiarity' and the process `.of
annexation can itself be a crash course in city finances, taxa-
tion, and problems for affected residents. Nevertheless , the
principal consideration in _our ;minds' is that the newly annexed
citizens must by virtue of the annexation be placed on a fully
equal footing with all other citizens with respect to the
franchise and right to hold city office. f
We accordin 1 conclude that t r rovisions not onl i
s _ou mu e cons rue to armit t e can idacy o an
oche alified erson who , or one year e ore e e ection,
is a re ident of an area w c is now a par or e ci
Tigard
Sincerely , -
LEEZ� OHNSON
Aty%rney General
LJ:JAR:nd ✓
t
�4S
August 8, 1974
MEMO TO: Mayor, City Council, City Administrator,
and City Recorder of the City of:Tigard
FROM: Anderson,,Dittman & Anderson
SUBJECT: CITY CHARTER DURATIONAL RESIDENCY REQUIREMENTS`
OF ASPIRANTS TO CITY ELECTIVE POSITIONS
In our capacity as counsel for the City of Tigard, we have
been requested to consider and provide a written opinion with -re-
spect to the` durational residency eligibility requirements of
the City Charter in relation to aspirants to elective positions who
will not have resided in the City for the required twelve (12)'
months immediately',prior to the forthcoming election but whose
total period of continuous residency in an 'area`annexed to the
City in January, '1974, will have extended more than twelve (12)
months prior to the November election.
In this connection, we have researched with respect to the
basicquestions hereinafter stated and have considered various
authorities along with the opinion of the Oregon Attorney General
of August 2, 1974, responding to a request of State Representative
Ragsdale (whose constituency does not; include the people of the
City of Tigard). It is noted that after quoting several sections
of the Tigard City Charter, the Attorney General's opinion properly
suggests that:
"Interoretation of the quoted language to de-
termine whether or not it would disqualify
the prospective candidate is primarily'a matter
for determination by City Election Officials
on advice of the'City Attorney or retained
counsel."
As a basic background it is to be noted that the incorpora-
tion of Tigard as a City was approved by the legal voters at an
election held on September 11, 1961, under authority of ORS Chap- _
ter 221, and that the City functioned as a statutory municipality
without a Charter through December 31, 1962. The first five
councilmen were chosen by the voters at an election held on
November 13, 1961, pursuant to ORS 221.110, which, in pertinent
part, is quoted:
"Any resident of a city (organized under Chap-
ter 221, ORS ) shall be eligible to hold an
office of the City." (Parenthesis supplied. )
a:
(Thus, it may be noted that one of the basic factual premises of the
Attorney General's opinion as set forth in the first paragraph on
Page-2 is founded on an erroneous assumption.)
Pursuant to the Home Rule provisions of Article IV, Section
1, and Article XI, Section 2, of the Oregon Constitution, the
original Charter of the City of Tigard was adopted by vote of the
people of the City at an election held November 6, 1962, becoming
effective January 1, 1963. Certain amendments thereto, including
Provision for election of a Mayor each two years .rather than selec-
tion of oneofits members by; the Council to serve as Mayor, were
adopted by the voters on May 26, 1972.
part: Chapter III, Section 7, of the Charter provides, in pertinent
"The 'elective officers of the City shall be
a mayor and 'four councilmen, who together
shall`constitute'the City Council."
Chapter VI, Section 31, authorizes:
"A qualified elector who shall have resided in
the City during the 12 monthsimmediatelypre-
ceding the relection may be nominated for an%
elective city position as provided in Section
12. 1'
Chapter III, Section 12, again emphasizes durational resi-
dency requirements:
"No person shall be eligible for an elective
officeof the City'unless' at the time of his
election he is a qualified elector within the
meaning of the State Constitution and has re-
sided in the City during ,the_twelve months im-
mediately preceding the election."
It is further provided by Section 12, Chapter III:
"The Council shall be the final' judge o'f the
qualifications and election of its own members,
subject, however, to review by a Court of com-
petent;jurisdiction."
The area of initial inquiry concerns the constitutionality
of the durational residency requirements of the Charter as above
quoted, both with respect to qualification of the nominees for
election and elective office holders. As noted by the Attorney
General's opinion, and in accordance with the authorities herein-
after stated, these provisions of the City's Home Rule Charter do
not contravene the constitutional rights of any prospective
nominee or candidate and do not deny equal protection rights under
the First Amendment to the United States Constitution.
This is clearly supported by at least two very recent re-
ported cases involving similar durational residency requirements.
A strikingly similar question was involved in the case of
Lawrence v. TheCity of Issaquah et al, No. 43116, determined by
the Supreme Court of the State of Washington on July 25, 1974.
In the City of Issaqc�uua�hh case the council under Washington
State statutes Rh 35A 12.040) was empowered to determine whether
or not a candidate for City Councilman met the statutory require-
ments of one year's residency in the City as required by Section
RCW 35A-12.030 for statutory cities. The council denied Lawrence
a seat on the council on the grounds that he failed to meet the
-2-
a
one-year residency requirement, the having become a resident of
the City ,of, Issaquah on August 1, >1973 and a candidate for=elec-
tion as Councilman in the election of 1lovem.ber 6, 1?73.
Lawrence attacked the constitutionality of the one-year
statutory durational requirement alleging that he was denied equal
protection of the laws as compared to Issaquah residents of one
year or more.
The: 11-ashington Supreme Court upheld the decision of the
S+iperior 'Courtof -King-County holding that '-the lone-year residential
requirement was justified by-a compelling state interest:
?`It afforded a candidate an opportunity 'o becom.c
exposed to the needs and problorhs of the elec-
torate, and for the electorate to observe the
candidate and'gain 'fi .,rhand L-novledge`of his or
her habits and ch.�iracter."
The one-year duration was found to be reasonable in consideration'
of the ,office involved.
The 6:ashington<court cited Chouien v Starlc. 353 " Sunp.
12.11 (DiiH 1973) ahich, on appeal, was affir.red thout opinion by ,
the United States Suaru„e Court, 41)1 u.s. 802, 91; S. 'Ct. 125 (1°73)
the State o :eri' . z.. Uhire required not less than aeven
year s`i cihce`tis a, uglification for the office of governor, of
the state.
On the basis of the :forogoing, we believe that the durational
residency requirements of the Charter of the City of,';i;;ard ill
withstand attack on constitutional grounds.
The application of the durational residency requirements of
the City Charter to an aspirant to City elective office who resided
coni n uou ly for „ol•e" .an ,relve (12) months prior to the fortis
coining election in an arca annexed to the City ap roxii atcly ton
(10) months prior to the fortihco:^.ung election nreoents a second
Question. of somewhat _renter perplexity with respect to `";hicil
few, if any, reliable court rulings are available. Our research
discloses no Oregon or Federal cases on this aspect of tloe matter
and we do not concur :in the Attorney General's conclusion
. ..that the urincipal consid::rat:ion...is that
the newly anne.,:ed citi.-ons must by virtue of
the annexation be placed on a fully equal foot-
ing with all other citizens with respcct to the
franchise unci righty to hold cito-fice."
^10so conclude, in our opinion, provic.es no rational basis
for distinction between an aspirant for city office .rho has resided
in unincorporated area `next door" to the City for an equal period
of time to that of the annexes: aspirant but who by personal decision
changes his residence to a place Within the City less than t,.elve
(12) months prior 'Go the date of the election. In the absence of
some rational basis for distinction unjustifiably affording the
annexed aspirant to city office an exemption from the residency
provisions is to require that any otherwise qualifl.ed aspirant to
elective office who also does not meet the durational residency ;.-
requirement of the Charter be places on the same footinr_ as the
annexed aspirant, thereby rendering these charter provisions
meanin3less. There being no evident reason why solely because the
-3-
aspirant's ;tome: became annexed ,;o the City, the basic purpose of
the one year residency requirement would be thereby fulfilled--
this purpose as stated in Issaquah being:
"...that the; residential
requirement of 1 year
for the office of city councilman.. .is not an
unreasonable limitation to fulfill the compelling'
state interest of affording the candidate for that
office the opportunity to be exposed to the needs''
and problems of the People of the (city), and at
the same time to afford the people of (city), the
opaorttuiity-,to observe the canriidate forcitycouncil
and gain firsthand knowledge about his or her habits
and:character.''
Review of the 1.1cConnell case, 4C7 S.?•'. 2d 318, and the
Lindsey case, 217 Cal. 533, 20 P2d 327, both cited and reviewed
in ,the Attorney General's opinion, does not, in our outlook sup-
port any different- view than that above expressed, as neither of
these cases are factually similar to the situation'with which we
are concerned. Each of them involved only changes of residence of
an aspirant to office through realigning for voting Purposes, areas
within pre-existing" peripheral governmental unit boundaries.
The applicable provisions of the [Dara Charter are clearly
stated,`without ambiguity uity :and should be
cons.truea vrith she i ar,so e _
of achieving too public interest objectives as quoted from the I i.ai:
and Thement cases. In our opinion, there being no doubtful nea:iing
in the charter provisions, there is none to be resolved in the candi-
date's favor as proposed by the attorney General's' opinion.
The one; year prior residency requirements of the city charter
in our opinion, must be applied literally to all aspirants to elec-
tive city office without exception, including those .becoming resi-
dents of the city through annexation of territory occurring less
than one year'prior' to the applicable election.
Section 12 of Chapter III of the Charter, "the Council shall
be the final judge of the qualifications and election of its own
members (including the Mayor), subject, however to review by a
® Court of competent jurisdiction," is/only an authorization to, but
a clear duty of, the Council. not
Respect ully submitted.
P ,.i. A. Anderson