City Council Packet - 06/04/1979 a
TIGARD CITY COUNCIL
STUDY SESSION
JUNE 4, 1979, 7:30 P.M.
FOWLER JUNIOR HIGH SCHOOL
LECTURE ROOM
AGENDA:
1. CALL TO ORDER
2. ROLL CALL
3. CH2M - HILL - Storm Drainage Report - Roger Sutherlin
4, REVIEW TRAFFIC STUDY PLANS - Pacific Highway - ODOT
5. POLICE PENSION PAYMENT - City Administrator
b. BISHOP SEWER AGREEMENT City Administrator _
7 . STATUS REPORT ON SOCCER FIELD - City Administrator
8. SCHOOL DISTRICT BOUNDARY CHANGE - Letter of Support - City
Administrator.
9. OTHER
10. EXECUTIVE SESSION - Under ORS 192.660 (2) (d) • Regarding
Legal Rights and Duties - Whooler, Killion Claims
11 ADJOIJRNMENT
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TIGARD CITY C 0 U N C I
STUDY SESSION &SPECIAL MEETING MINUTES, JUNE 4, 1979, 7:30 P.M.
STUDY SESSION:
1. ROLL CALL: Present: Mayor Alan Mickelson; Councilmen Tom Brian, (arriving at
7:36 PM), John E. Cook, Kenneth W. Scheckla; Councilwoman Nancie
Stimler; Chief of Police, Robert Adams; Legal Counsel, Joe D. Bailey;
City Administrator, Raeldon R. Barker; City Recorder/Finance Director,
Doris Hartig; Planning Director, A'_dace Howard; Administrative
Secretary, Loreen Wilson.
2. CH2M-HILL - Storm Drainage Report.
(a) Mr. Roger Sutherlin, CH2M-Hill, presented Storm Drainage Report. He stated
the study would provide an evaluation of the existing conditions in the
Fanno Creek Basin, the ability to maintainflooding waters, the quality of
the water in the creeks and the impac' development would have on the basin.
Mr. Sutherlin noted that the study would be finialized as soon as the Army
Corps of Engineers completed their flood insurance study of the area.
RECESS - 8:00 P.M. (Study Session)
RECONVENE - 8:00 P.M. (Special Meeting)
3. ROLL CALL: Present: Mayor Alan Mickelson; Councilman Tom Brian, John E. Cook,
Kenneth W. Scheckla; Councilwoman Nancie Stimler; Chief of Police,
Robert B° Adams; Legal Counsel, Joe D. Bailey; City Administrator,
Raeldon R. Barker; City Recorder/Finance Director, Doris Hartig;
Planning Director, Aldace Howard; Administrative Secretary, Loreen
Wilson,
4. PROPOSED USE OF 'FEDERAL REVENUE SHARING FUNDS'.
(a) Public Hearing Opened
(b) Public Testimony
No one appeared to speak.
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(c) Public Hearing Closed
5. PROPOSED USE OF STATE REVENUE SHARING FUNDS.
(a) Public Hearing Opened '
(b) ; Public Testimony
No one appeared to speak.
(c) 'Public Hearing Closed.
6. PROPOSED 1979-80 BUDGET
(a) Public Hearing Opened
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(b) Public Testimony
No one appeared to speak'.
(c) Public Hearing Closed.
(d) City Administrator recommended Council make one change in the proposed
budget and create a line item for the capital :improvements engineering
study for city streets. This would allow CouncLl to transfer additional
funds during the year instead of requiring a supplemental budget,
Motion by Councilwoman Stimler to table, item until Council has a chance
to study matter further. Motion seconded by Councilman Cook,
Approved by unanimous vote of. Council,
7. WEDGEWOOD HOMES BOND REDUCTION.
(a) Legal Counsel noted that the Subdivision Compliance Agreement aad Cash Bond
Escrow Agreement requires the Performance bond be held until a Maintenance
Bond is executed and the project is completed,
(b) Mike Beardsley, Wedgewood Homes, requested Council accept a Maintenance
Bond in the amount of $84,501.00 and noted the street lights would be
installed within the month so that they would not be a consideration in
this matter.
(c) Motion by Councilman Cook, seconded by Councilman Brian to release the
Performance Bond and accept a Maintenance Bond in the amount of $84,501.00,
subject to the approval of final inspection, with $11,200 to be held in
the bank for the Street Lights.
Approved by unanimous`'vote of Council.
RECESS 8:10 P.M. (Special Meeting)
RECONVENE 8:10 P.M. (Study Session)
8. REVIEW TRAFFIC STUDY PLANS Pacific Highway TSM Project - ODOT
(a) Ron Klienschmit, from the bregon Department of Transportation, presented
the plan for the TSM Project as adopted by Council on October 9, 1978,
He also explained the way the system could be synchronized. It was noted
that the Tualatin Rural Fire Protection District must sign a contract with
the City before the project is let for bid (August, 1979) if they require
spec,-1 prc—emnt-0ng sysst.,ms for t..r rc npon;c..pz3rpo6es.
(b) The following people appeared and spoke concerning the Park Street light.
Mrs. Jean Fitzgerald, 13145 SW Watkins
Helen Hammes, 13115 SW Watkins
Al Mackin, 10310 SW Watkins''
Eunice Painton, '10395 SW Park
Diane'Bernklaw, 13325 SW 110th
Jeanette Hatch, 13205 SW Watkins
Duane Meyer, 13210 SW Watkins
Bill Heppner, '13180 SW Watkins
COUNCIL MII4UTES - June 4, 1979 - Page 2<
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Al Hammas, 13115 SW Watkins
Bibianne Scheckl.a, -10890 SW Fairhaven Way
Maury Lesperance, SW Park Street
The above listed people presented a petition containing 186 signatures
be placed at SW park Street. Concern was
requesting the light not
expressed regarding the egress from the Bishop Development onto Park Street.
Bob Hudson, 12900 SW Pacific Highway
J. B. Bishop, 4263 SE Hazelfern, Portland
Wilbur Bishop, 10590 SW Cook Lane
The above not concern regarding safety of the citizens and requested the
light remain at Park Street.
(c) After lengthy discussion between Council, staff, and the developer,
Councilman Scheckla moved to direct staff to write a letter to ODOT
asking whether Park Street would have enough warrants for the light
if the egress fromthe Bishop property were closed off. Motion seconded
by Councilwoman Stimler.
Approved by unanimous vote of Council.
(d) Mayor Mickelson
Mated the improvement project still shows a light at the
intersection of Park Street. This matter will be considered at the next
regular Council meeting,
(e) J.B. Bishop noted that the plans for the Johnson Street light will need
some updating in the next few weeks due to a development proposal on
Main Street.
(f) Bob Hudson expressed concern regarding the lack of bus turn-outs in the y
tated that Tri-Met was linable to come to
proposed plan. Ilan Kleinschmidt s
a decision regarding placement of the turnouts.
RECESS 10:56 pM (Study Session)
RECONVENE 11:08 PM (Study Session)
9. ,POLICE PENSION PLAN PAYMENT
(a) City Administrator stated that the Banker's life actuarial report recommended
a city contribution of $35,063. for the year. Since the City is able to
th 4..�- r,nartt of the money, staff withholds
caro t.cico v v... �. ,.... .-
making payment until end of fiscal year. City Administrator recoBmieuded
Council authorize payment of the budgeted amount ($49,685).
(b) Councilman Brian questioned paying the full amount now and requested
the ;staff split the 'payment in half to take full advantage of investment
interest.
(c) Consensus of Council was to direct staff to find out if the amount could
be split.
COUNCIL MINUTES -- June 4, 1979 = Page 3
10. SCHOOL DISTRICT BOUNDARY CHANGE.
(a) City Administrator stated Nancy Robins, 12185 SW Summer Street had requested
Council support school district boundary change by letter. City Administrator
recommended Council not only support the island annexation area but that the
whole area east of 135th Avenue and South of Scholls Ferry Road be included
;n the Tigard School District.
(b) Consensus of Council was to direct staff to draft a letter for Mayor's
signature.
(c) Motion by Councilman Brian, seconded by Councilman Cook, to bring letter
back for Council. approval at the June 11, 1979 regular meeting.
Approved by unanimous vote of Council.
11DJOURNMENT: 11:20 PM (Study Session)
RECONVENE: 11:20 P.M. (Special Meeting)
11. APPROVE CONSULTANT TO PERFORM! COMPUTER FEASIBILITY STUDY
(a) City Administrator recommended after staff study, that Coopers Lybrand
be awarded the contract for the computer feasibility study,
(b) Consensus. of Council was to consider at the June 11, 1979 meeting.
12. APPROVE SDC REFUND OAKHILL INVESTMENTS
(a) City Administrator stated Oakhill Investments had made improvements
to SW Gaarde Street in the amount of $52,549. and now requests a full
refund of the System Development Charges which they ;have paid in the
amount of $11,520. Staff's recommendation was to refund the $11,520. and
credit the SDC Charge on the other 'building permits they might request
for their subdivision in that area.
(ta) Motion by Councilman Cook., seconded by Councilman Brian to refund
$11,520. and a SDC credit be issued on any .Further building permits
issued for the area.
Approved by unanimous vote of Council. i
ADJOURNMENT: 11:30 PM (Special Meeting)
ZIP/
City Recorder ;
ATTEST:
Mayor'
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PAGE ;4 - COUNCIL MINUTES - June 4, 1979
Da te—__jiinA 4p- 19'79.-
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9'79_I wish to testify before the Tigard City '
Council on the following item:
(Please print your name)
STUDY SESSION
y W '1RAi"FIC STUDYP�LAONS PACIFIC HIGHWAY' AGENDA ITEM #4r�
Name, Address & Affiliation Item Description
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De
padment of Transportation
METROPOLITAN BRANCH
5821 N.E. GL.ISAN, PORTLANDOREGON 97213 June 7, 1979
Telephone: 238-7437
Raeldon Barker
City Administrator
City of Tigard
P.O. Box 23397
Subject: N. Tigard Interchange-Beef Bend Road
Pacific Highway West (99W) Tigard TSM
Traffic analysis-Park Street signal
Dear Mr. Barker:
Thank you for your letter of June 5,1979 concerning the subject
project. Attached is a reiteration of the proposed Park Street
signal and several options you requested.
The traffic signal warrants section of the report is a statement
of Oregon Department of Transportation (ODOT) policy. Our Policy
has been adopted by the Federal Highway Administration (FHWA).
As the consultant for the City of Tigard on this project, involving
a state highway and federal funds, ODOT must conform to its policy.
The purpose of the TSM project was improvement of traffic flow on
99W, improved access to 99W from side streets and the safety of all
users of the facility. In the preliminary construction plans, ODOT
included the signal at Park Street with the stipulation that a
substantial portion of ,the development traffic would be accessed
through the Park Street signal. ; This concession of access by the
citizens testifying in September 1978, allowed sufficient warrant:
for the signals justification, but more important, provided the
safety factor for the total facility.
In reviewing the citizen involvement to date, it is evident that
the NPO is strongly divided concerning the placement of a signal
at Park Street. The NP03 Chairman couuldeprovidedno position one`
this issue when questioned, uU
sented in September 1978 to -the City Council
original plan 3A pre
(option D) carefully considered' safety aspects and the' NP03'desires
fic on Park Street. In addition,
to not generate additional traf
the original plan`placed the burden of cost for the signalization
on the developer.
FO(R+794.3522
a
June 7, 1979
Barker/Kleirschmit page 2
N. Tigard Intch.-Beef Bend Road
questiTo specifically answer tpeconstru�tsalsignal att
tPark Streetld
be against ODOT policy
without an access from the development to Park Street since it
would not meet minimum warrants.
Secondly, ODOT had required the developer
towfund
winstallation of
a traffic signal at his northaccess
condition of access. This requirement was previous to council
action moving the signal to Park Street. Minimum signal spacing
now precludes this requirement.
lans
ODOT is prepared to makehan feaPark Stbeetle ysig9al willes in hr quire some
presented. Eliminating
reworking of the signal progressions on the project and require
additional design time. There would be a monetary savings for
construction with Option D, however, citizen concerns and approved
development plans are of concern also.
NOT
Only Option A and D tfurthereaeare
canconsistent
pleasewith
feel free
policy.contact
If the re is anything
me.
Ron Kleinschmit
Project Coordinator
RK/PE
cc D. R. Adams
M. J. Klotz
J. D. McClure
T. Schwab.
W- W. Geibel
Attachment
a
REITERATION OF PROPOSED TRAFFIC SIGNAL
Transportation Analysis Unit
Metro Branch
Scenarios Considered During Project Development
A Park Street - signal fully actuated.
Garrett Street - Pedestrian activated signal.
Development access to Park Street.
No Future signal @ north access; no warrants and insufficient
signal spacing.
(Option feasible)
B Park Street — signal fully actuated.
Garrett Street signal - remove signal<
No access from development to Park Street.
No future signal @ north access'.
(Option not,feasible)
C Park Street - signal fully actuated.
Garrett Street - pedestrian activated signal.
No access from development to Park Street.
No future signal @ north access.
(Option not feasible)
D Park Street - no signal .
Garrett Street - signal fully actuated.
No development access to Park Street.
Future signal @ north access by others.
(Option feasible)
Traffic volumes are contained in the original traffic report of December
20, -3978. Suggested additional Traffic asignments to Park Street ;500
trips) was, seriously questioned after reviewing overall traffic volumes
in the area and current counts on Johnson Street. 1985 traffic pre
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dictions;'account for growth in the neighborhood area. Therefore it is
felt that no 'significant' change affecting warrants was likely.
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Traffic Signal Warrants
;Number Description Principal Consideration
1 Minimum Vehicular Volume High traffic volumes on minor
street approach.
2 Interruption of Continuous High traffic volume on main
Traffic street causes excessive delay
or hazard on minor street.
approach.
8 liginimum Pedestrian Volume
4 School Crossing
5 Progressive Movement To maintain proper vehicle
spacing and speed within an
interconnected signal systern.
Accident Experience
Systems Warrant A common intersection of two
or more major routes or their
respective ramp terminals.
8 Combination of Warrants For exceptional cases -in which
at least two of the first three
warrants are met to the extent
of 80 percent of the stated
values.
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OPTION WARRANTS SAFETY SHIFT IN NEIGHBORHOOD MEETS ODOT POLICY
MET DEFICIENCY TRAFFIC PATT17DNS
A 2 and 5 no yes (1) yes (2)
B none yes (3)(6) yes (1)(4) no (5)(7)
C none yes (3) yes (4) no (5)
D 2 and 5 no (8) no (9) yes (10)
(future)
(1) Future development east of 99W would probably require access at
Park Street signal. Trips to and from neighborhood area would
gravitate to this signalized route.
(2) + DOT recommended Option D.
(3) High volume traffic entering 99W from development at non-signalized
access. Development access would meet sufficient signal warrants
but doesn't meet minimum spacing for signals.
(4) Increased out-of-direction traffic from development via 99W to
Watkins Street to Park Street to signal at Park Street and 99W.
(5) , Fleets no warrants, and is ,poor planning for overall traffic needs
and safety.
(6) School children exposure to traffic at unsignalized intersection.
(7) May unnecessarily require additional expenditure of tax dollars
to 'alleviate traffic problems.
(8) High volume traffic controlled by signalized intersection, (includes
proposed future development east of 99W). Gaps for side street
access to 99W provided (Watkins Street and Park :Street).
(9) Minimum anticipated new traffic generation on Park Streets Watkins
JLi CC V.
(10) Yes, when warrants are diet`. Requires least' expenditure of tax
dollars. Complies with NP03 plan.
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May 23, 1979 S�
Staff members of the Finance Department have been considering the
question of an adequate pension contribution for the fiscal year
1,978-79 and upon the advice of the Bankers Agent, Cary Gu.rnsey, it is
requested the Council make the final decision.
The history regarding the city's pension contribution is as follows:
Estimate for 1978-79 pension was given by Agent pxior to receipt of
Bankers Life actuarial report; recommended contribution $49,685
for 23 people.
The City withholds making a pension contribution until the end of
the fiscal year, thereby earning interest until payment is due as
well as having the benefit of the actuarial report to more accurately
base our payment.
The problem confronting the City is how much should we contribute
to the pension fund over and above the $15,532 minimum deposit.
(See attached report) . We have conflicting opinions from our auditor
and insurance agent. In a prior year, Coopers and Lybrant suggested
the city's payment to fund the unfunded frozen liability was too high.
Currently Coopers and Lybrand recommend the city pay at least the
normal contribution of $35,063 (which consists of $15,532 minimum
plus $17,8.28 to apply against' 79-80 pension contribution. Only
$1,703 of this payment will, apply to the city's unfunded frozen
liability) ,
The Agent suggests the City use the amount budgeted to pay off a
portion of the unfunded liability. If the Council does not authorize
this payment, they will at least be informed that the money was
available for payment. (The reason for this recommendation is in
case of a forced retirement, the city might be placed in the position
of having to fully fund the unfunded frozen liability.)
Staff recommends Council authorizepayment of at least $35,063 with
consideration given to an additional $5,000 to be applied to the
unfunded frozen Liability. (Note: In figuring the cash carry-over
we estimated spending the entire budgeted retirement appropriation)
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ANALYSIS OF THE ACTUARIAL REPORT FOR
City of Tigard ;S
GA 30418
1
This Actuarial Valuation Report is for the plan year beginninn July 1, 1978. 55
The report provides the information you need to determine your current year
contribution to the plan.
A summary of the results of the valuation is as follows:
Employer Normal Cost $33,360
Employer Normal Cost as Percentage of Compensation 10.00
Minimum Employer Deposit to avoid Funding Deficiency 15,532
Normal Cost plus amount to fund. the Unfunded Frozen
Initial Liability over 20 years 35,063
Normal. Cost as a percentage of compensation has increased from 9.6 to
10.0%. This increase is a result of salary increases to participating
mployees which were greater than had been assumed. The resulting benefit
increases require a larger contribution due to the shorter period over ,
which they are to be funded.
sy
You may deposit for the current plan year any amount in excess of- the mini-
mum
ini mum deposit, $15,532. If you wish to follow a schedule of funding, dollar
mounts are illustrated in paragraph lc page 2 of the report which will
fund the Normal Cost and fund the Unfunded Frozen Initial Liability over a �
definite, period of,years.
Inquiries concerning your actuarial valuation report should be referred to
your local Bankers Lige Group Representative, your valuation analyst-in the
hou.e office, Mary A. Hannan, or your valuation supervisor, Alan E. Phillips.
(The phone number in the home office is 515 -247-5572.)
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October 17, 1978
Group Pension Actuarial Services
E BANKERS LIFE
BANKERS LIFE COMPANY DES MOINES. IOWA
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0 TRDDUC'TZQI`t
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The annual Actuarial Valuation is a budgeting tool which will help you
to adequately and systematically fund your pension plan.
Based nn the employee data which you have supplied us, we have calculated
the benefits we expect your plan: will provide in the future. To do this,
we have made certain assumptions regarding rates of death, termination,
disability, investment return, and salary increases (if applicable) . The
funding method determines how much of the cost of these benefits is
allocated to the current plan year.
This report contains as analysis of the changes which have occurred during
the past year and displays a range of possible deposits. These include
the minimum deposit which you are required by law to make. if the results
so indicate, we will recommend a particular deposit level appropriate to
the future obligations of your plan.
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E BAN KED LIFE . .
BANKERS LIFE_ COMPANY CIES MOINES, IOWA
OP rase
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ACTUARIAL VALUATION RESULTS
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For the plan year beginning July 1, 1978
As of the valuation date July 1, 1978
1, Deposit Levels
a. Your minimum deposit necessary for the current plan year, in order to
avoid endangering the qualified status of your plata and its favorable
tax treatment, is $15,532 as of the end of the plan year.
If you deposit this minimum before the end of the current plan year, it
may be decreased with interest at 6.5% from the end of the current
plata year to the date your deposit is received.
b. The dollar amounts illustrated below are the deposits required to fund
your :formal Cost and to fund the Unfunded Frozen Initial Liability over
a specified number of ,years.
Current Plan Year Last Plan Year
Period in Yearn Amount Percen�tage* nmvurt Perc`rs`a�e*
--
20 year ending 7-1-93 . $35,063 10.4% $28,786
30 year ending 7-1-03 34,673 10.4% 27,948 10.8%
2. Normal Costs
Current Plan Year Last Plan Year_
Amount Per entage* Amount Percentage*
Total Normal Cost $33,360 10.0% $24,815 9.6%
3. The Frozen Initial Liability is $38,152 of which $17,047 is unfunded
as of the °beginning of the plan year.
* Amounts are expressed as a percentage of active employee annual. compensation,
which for the current plan year is $337,644.
-2-
BAN LIFE
GF 14552£•4
BANKERS LIFE COMPANY DES MOINES, IOWA
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19 -79,
THIS AGREE'. NT, Made this day of ___ _..� - - --
aindividual. a municipalityf othe State of
hereinafter termed Own
Or.e;on, hereinafter termed "City",er , thee CIT�ndFG
theUNDFTED SEWERAGE AGENCY OF 4IASFTINCTO*I
CGU.d`fY, OREGON, hereinafter termed "Agency",
W I T N E S S E T H :
WHEREAS, the Owner desires to construct a sewer trunk line at Owner's expense,
F1
extending from an E existing City-owned sewer trunk Zine at�� San.-.,.C'1.anout-
EW,, TFOM?_plan_S2...! )aud
running thence
--a,de��r�be.ed an t. hereto atca�h. a ed EXHIBIT „DIr
_don the
eade
to those certain lands of. the owneransldb4� this refer.ence�'made e parttheireofa and
"OESCRIPl'I0�! , denoted Exhibit A ,
WHEREAS, the Owner has applied to the City to approve construction of said
line and to permit connection thereof to the City's line at toraaid
San_ Cleanout (STA 36+01Z
asst ze Oaneruhas further applied to the Agency for sewerage' dlspos,hereof e areew l.ling i
the City and the Agency subject to the agreements a<<u provis: t�
to grant to the Owner the privileges and uses as hereinafter set forth, s �
N,-Ow, THEREFORE, in consideration of the foregoing premises, the agreements
here con:.ained, the payments to be made by the Owner to the City and. the Agency pursuant
to the terms hereof, and the mutual benefits to be derived by the parties, the Owner,
the City and the Agency agree as follows:
(1) „the owner may, upon approval by the City and the Agency of plans and
specifications prepared by the Owner, -proceer3 with the constructionOfsaid sewer
trunk line from the aforsaid City-owned sewer trunk line to the Owner's premises as
described on the attached Exhibit "A", all at Owner's expense and cost except as
herein otherwise provided.
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(2) The Owner shall pay or cause to be paid to the City as agent for the Agency, �
all connection charges as prescribed by rate ordersmasesh�oAthecsewrerrAtrunktline .ase �
Owner shall bear the cost of connecting Owner p
ex*er_ded, `and no connection shall be made until application therefor has been filed
and approved, the connection charges paid, and all work and materials involved in the
sewer service connection shall have been inspected and approved by the City and/or
the Agency.
(3) The rights of the Owner hereunder are subject to any charges, terms and f
previsions of pre-existing contracts and the Sanitary Sewer Compliance A,reement and
Bond denoted Exhibit "B" by reference made a part hereof, in addition to all pro-
visions herein,
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'i�,r'nn f roncs:r,uction r
(4) Title to, and ownership of, said trunk line, UP c: Y=� -__
Of
thereof;,pursuant to the terms hereof, shall vest in the City, and the City shall �
n•eover in a15 respects to the same extent as the
thereafter have full jurisdiction the4
City exercises 'jurisdiction' over any other sewer line within its system.'
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(5) The City and the Agency agree to require payment by any owner or user of
premises whose lands abut upon or are to be served by the sewer trunk line herein
described, within the boundaries of the area delineated on the attached plat marked
Exhibit "C" and by reference made a part hereof, who shall apply to the City for
connection of said premises to said line, in addition to all other connectionremisesr area
a fair share amount at the rate of $0.05492 per sq. ft. of the connecting p
and said amount shall be paid by such applicant prior to being issued a permit for each
such connection, and the suns thus collected as and when received by the City shall
be paid over to the Owner, or pursuant to Owner's direction, in partial reimbursement
of Owner's costs In construction of said sewer line.
Owner shall furnish to the City upon completion of construction, a sworn
itemized statement of the costs incurred in connection with construction of said sewer
line and the City shall be entitled to examine the records of the Owner with respect
to said costs and to verify the amount thereof.
Owner shall not be entitled to reimbursement for any extension of said sewer
line or any connection of property to such extension, and the Owner's reimbursement
shall be limited to direct connections with the sewer line constructed by Owner
Reimbursement hereunder shall be limited to a period of ten (10) years and shall
not exceed ninety per cent (90%) of the total cost incurred by the Owner in constructing
said line. At the expiration of ten years or at such time as the reimbursement has
been accomplished in accordance herewith, the Owner's rights to reimbursement hereunder
shall be of no further force and effect.
(6) - Zt is an express condition of this agreement that at the City's option,
Owner's lands or any other lards served by said trunk line for which sewer service is
made available hereunder, may be annexed to the City as and when said lands are or
become contiguous to ;the City's boundaries as now the Ownersshed or hereafter extended
by annexation, and execution of this agreement by .the Owner shall constitute consent to
and such consent shall run with the
the annexation of the above described lands,
land and bind the Owner, its successors and assigns.
(7) To the extent authorized by law, any sewer connection or service charge
hereinabove required to be paid with respect to premises served under the terms of
this ,agreement, which charge is not paid when due, shall thereupon become a lien upon
such premises until paid. Said lien right shall be in addition to,,and not in lieu of,
any other remedy provided by law. An executed copy of this agreement, containing a
description of the lands to be served hereby, shall be recorded in the mortgage Records
of Washington County, Oregon, with the intent and purpose that notice of the City's
lien rights for sewer 'connection and service charges will be ,given to all purchasers:
And users of portions of said lands. if and when the premises are annexed to the, City,
this provision for lien shall terminate.
(Q) The City sbaii not be responsible or liable for disruption or tempoary
discontinuance of sewage disposal services hereunder due to hood, Bart quarte, or
other act of God, or other causes beyond the governmental control of the City.
(9) Each of the parties hereto shall be bound only as to those provisions hereof
as to which such party may lawfully assent.
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MEMORANDUM
June 15, 1979
To: City Council
From: City Administrator, R. R. Barker
Subject.: Proposed Sewer Agreement - J. B. Bishop
CONTENTS OF FIRST DRAFT
The proposed sewer agreement (first draft) between the City and Mr.
J . B. Bishop, considered at the May 7, 1979 City Council meeting, included
the following provisions :
_ 1. The City will require payment by any owner or user of premises whose
lands abut upon or are to be served by the sewer trunk line installed
by the developer at the rate of $ .05492 per square foot of the
connecting premises area (this figure was based upon estimated costs
and may change to reflect actual costs) .
2. Reimbursement shall be limited to a period of ten years and shall not
exceed 90% of the total cost incurred by the owner in constructing the
sewer line.
3. The owner (developer) shall furnish to the City upon completion of
construction, a sworn itemized statement of the costs incurred in
connection with construction of the sewer line.
CAvCULATIONS
_ The $.`05492 per square foot rate suggested in the first draft of the
agreement was arrived at in the following manner
1. The .following lots were included :100, 200, 300 (3DD) , 700, 1700, ,
1900, 4800, 6100, 6200, 300 (2CB) , & Pietro° s Tract.
2„ The total land area in the above lots amounted to 515,681 square feet.
3. The estimated installationcost for the sewertrunk line was $31,468. '
4. The agreement provides for a 90% cost recovery; 90% of $31,468 is
$28,321.20. E
S. $28,321.20 515,681 sq. ft. = $ .05492 per square foot.
f lot 1`70n t, to Connect to the sewer:
Example:
1$ the OwI1Cr z' tali i i i va3 wan - - - -
he would pay $713.96 to the City (13,000 sq. ft. x; $.05492) ;; subsequently
this amount` would be forwarded to the developer.
I
NEW
i
i
UNRESOLVED ISSUES
According to my notes from the May 7th Council Meeting, the following items
appear to be the only issues that remain unresolved concerning the proposed
sewer agreement:
1. Will the developer be able to recover a portion of his costs for
engineering and for City fees?
2. Precisely which land parcels shall be included in the computation
for determining how much owners or users of the sewer trunk line
will have to pay before they can connect to the sewer?
3. Should the developer be required to provide a sewer easement to allow
Pietro's, Rebel Car Stereo and Awful Brothers Service Station to
connect to the sewer line?
RECM%ENDATIONS
1. That the tax lots included in the cost computations for the first draft
of the sewer agreement be included i^ the final draft of the agreement
(tax lots #100, 200, 300(3DD) , 700, 1700, 19005 4800, 6100, 6200, .300(2CB) ,
& Pietro' s Tract) . Further, that the actual cost of the sewer installation
be divided by the total number of square Leet in the above referenced tax
lots to determine the proper square foot rate.
2. That the developer be eligible to receive reimbursement for up to
90% of his certified engineering costs . The total engineering costs
to be included in the sewer installation costs when computing the
square foot rate.
3. That the developer be responsible for providing a sewer easement for
the lots where Pietro's, Rebel Car Stereo and Awful Brothers Service
Station are located unless he can document that these structures are
going to be 'removed and that any new use of these lots will not
require sewer service, i.e. will be used for parking, etc.
Fx
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A WEEKLY NEWSLETTER
VOLUME II ISSUE IS MAX 31, 1979
SUPER
:e L�?i� _' '.0 2r-Y ` i-1 31 1.x?��1 �r to ? 173uper ea inbt' Pro,gr2M
on Jul-.,e _18t 1. C iiwill ill be encouraged o read more books,
in exchange for "valuable prizes
CCC.CO gra for a Safe trr Study. Staf f
Ue have been granted a w96, b
met With 5 �c't t- C_`fzcials this Slee: to co--
the necessary
paperwork. Cur Iematch" Of !,6,000-100 will be "i-n-i,_ind-ser v ice, t.
Strain. Engineering will do the actual. study.
7 2arn _A1':T 1-1--=
1^ i•ieade had made arran eT,.l'en is 1;Tith the Con,'ro-i- Co. on 72nd. _I ve.
to use 'heir s t-eet sweeper to clear 72-rd. p iC to ct erla yI ^G the
y �l r iJ 1:, i .1r�^,a O ! 't�C' ST,;e r,r in Wilsori Jll
stree -Pecen ly C Ivo n xas ao
and tlnred o4er '_fill:�ng tito rgg3_- in tele pr oce s e ilii► nom,
be able to use the machine and are looling -'or al ez—ate me tl_ ds.
lx..
The E Eineering Denczrt ent Will. submitt tnir annual Infiltration
inflow Report to the County -� USA and to the State r DEQ.
Friends of the library will hold a ale" ever J' third
Saturday at the }i.brar y_'throughout the summer e..:o?i vns.
Meade1?S hired a d2-i 7 x7 it'ul women, lls. Trudy Toney, for tine
=ublic ;;or'fs Crew. Trudy will act as "parr-watch and organisers:
-mss the -an Cook '?ark. L'lOTitaP_a native and recen ply
On Uh_ weekends in
from Seattle with Lockhee',d Shipbuilding. .a hearty welcome to
STREET =F7 77�CPCSALS.
Staff e�fpacts to receive four or five ;more proposals conc.erzir_g
tip•' "indexing" of R9ic-ard streets.' This is in prepcara:,1On; for
considers;ion_ of afinancing program to be stud
by Co�zr_cil
later this year.