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City Council Packet - 12/14/1981 TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on R£GUT.r:1R 1,._ TING AGENDA an agenda item needs to sign their name on DECIEi•.BEI�e 14, 1981, 7:30 P.M. the appropriate sign-up sheet(s) . If no FO!-.'LER JUNIOR HIGH SCHOOL sheet is provided, ask to be recognized by LECTURE ROOM the Chair I REGULAR MEETING: L.1 Cali co Order and Roll Cali 1.2 Pledge of Allegiance 1.3 Call to Audience, Staff and Council For Non-Agenda Items Under Open Agenda 2. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed for discussion and separate action. Motion to: 2.1 Approve the Minutes: November 23 , 25 , & 30, 1981- 2.2 Approve the Expenditures and Investments: $ 510.066.97 2.3 Ratify Council Goals and Priorities 2.4 Approve Resolution No. 81-117 - Reclassification and Salary Adjustments Due to Reorganization 2.5 Approve Resolution No. 81-118 - Appreciation to Reserve Police Officer McIntosh 2.6 Renew Listing Agreement on Pinebrook Lots 2.7 Approve Resolution No. 81-119 - Accepting Improvements/Southern Pacific Industrial Park 2.8 Approve Resolution No. 81-120 - Accepting Improvements/Muttley's Subdivision 2.9 Approve Resolution No. 81-121 - Accepting Improvements/Summerfield #13 2.10 Approve and Authorize signature of Mayor and Recorder - Burlington Northern Railroad for renting sewer line space (Tiedeman LID) . 3. AWARD BID - Police Replacement Vehicles o Recommendation of Chief of Police 4. CIVIC CENTER CO2,2IITTEE PROGRESS REPORT: 4.1 Civic Center Committee Timetable 4.2 Approve Phase I Civic Center Contract for Architectural Services 5. CABLE T`,l FRAtNCHISE - MACC PROPOSAL e Discussion by City Administrator 6. ORDIN:=.NCE No. 81-100 - An ordinance adopting McDonald Island zoning and ratifying annexation ZCA 19-81 C First Reading Required 7. ORDINANCE No. 81-101 - An ordinance adopting Coles Acres zoning and ratifying annexation ZCA 30-81 e Second Reading Required 8. ORDINANCE No. 81-103 - An ordinance adopting Smith zoning and ratifying atrnexation ZCA 32-81 o Second Reading Required 9. ORDINANCE No. 81-104 - An ordinance adopting Sanders zoning and ratifying annexation ZCA 33-81 e Second Reading Required PUBLIC HEARINGS - 8:00 P.M. 10. ZONE CHANGE ANNEXATION ZCA 34-81 (Pacific Highway) NPO #4 - A request by the City of Tigard for an annexation into the City Limits of the City of Tigard for a 10 foot wide strip of Pacific Highway right-of-way in front of Fred Meyer Inc. ( 11565 Std Pacific Highway) (Wash. Co. Tax Map 1S1 36DB, Tax Lots 190 - .14 acres Highway right-of-way) . s Public Hearing Opened s Summtation by Planning Director o Public Testimony: Proponents, Opponents , Cross Examination 0 Recommendation of Planning Director • Public Hearing Closed r p x,0[15iQeraL1Ur1 Dy UoUnC11 • ORDINA_NCE No. 81- Ordinance adopting ZCA 34-81 11.' CONe CHANGE ANNEF.ATION ZCA 35-81 (Scholls Ferry Road) NPO #7 - A request by the Cicy of Tigard for an annexation into the City Limits of the City of Tigard for 1 lot located at 10330 SW Scholls :Ferry Road and the public right-of-way fronting that lot to the centerline of SW Scholls Ferry Road. Also, a request by the City of Tigard to change the zorlirg on that lot from Washington County RU-4 to City of Tigard A-12 t:ulti-Family Residential. (Wash. Co. Tax Map 1S1 34AB, Tax Lots 3300) . • Public Hearing Opened • Summation by Planning Director • Public Testimony: Proponents , Opponents , Cross Examination • Reco=endation of Planning Director o Public Hearing Closed a Consideration by Council • ORDINANCE No. 81- Ordinance adopting ZCA 35-81 12. DOWNTOWN REVITALIZATION PLAN AND URBAN RENEWAL. PLAN • Public Hearing Opened • Summation by City Administrator • Public Testimony: Proponents, Opponents, Cross Examination • Recommendation of City Administrator • Public Hearing Closed • Consideration by Council • ORDINANCE No. 81- Ordinance adopting Plan PUBLIC HEARINGS CLOSED 13. BUILDING CODE AND FEES REVISION ORDINANCE No. 81- • Recommendation of Building Official 14. PUBLIC INDECENCY ORDINANCE No. 81- • Recommendation of Chief of Police 15. SEWER FINANCE - DISCUSSION AND CHARGE IN-LIEU-OF-ASSESSM NT ORDINANCE No. 81- • Discussion by Director of Public Works . lo. N.W. LOOP LID TIMING REPORT • Discussion by Director of Public Works 17. 74TH AVENUE STREET LID 17.1 Accepting Engineers Report 17.2 Approve resolution declaring intent for LID and setting public hearing for 1-11-82. e Recommendation of Director of Public Works 18. EXTEND TEMPORARY PLANNING RULES TO 1-31-82 ORDINANCE No. 81- • Recommendation of Legal Counsel 19. OPEN AGENDA: Consideration of Non-Agenda Items identified to the Chair under item 1.3 will be discussed at this time. All persons are encouraged to contact the City Administrator prior to the meeting. 20. ADJOURNMENT i AGE 2 - COUNCIL AGENDA - DECEMBER 14 , 1981 T I G A R D C I T Y C 0 U N C I L — — — — — — — — — — — — — — REGULAR MEETING MINUTES, DECEMBER 14, 1981, 7:30 P.M. 1. ROLL CALL: Present: Mayor Wilbur Bishop; Councilmen John Cook, Kenneth Scheckla (arriving at 7:41 P.M.) ; Councilwoman Nancie Slimier; Finance DirecCur/ City Recorder, Doris Hartig; City Administrator Bob Jean; Associate Planner, Liz Newton; Legal Counsel, Ed Sullivan; Office Manager, Loreen Wilson. 2. CALL TO AUDIENCE, STAFF AND COUNCIL FOR NON-AGENDA ITEMS UNDER OPEN AGENDA (a) City Administrator reported that Director of Public Works/Planning Director was absent due to illness in family. Agenda items 4.2 and 17 should be tabled to the December 21 , 1981, meeting, and Liz Newton, Associate Planner would be presenting the planning items for Council review. Councilman Scheckla arrived: 7:41 P.M. 3. APPROVE THE MINUTES: November 23, 25, and 30, 1981 (a) Motion by Councilman Cook, seconded by Councilman Scheckla to approve. Approved by unanimous vote of Council present. 4. APPROVE THE EXPENDITURES AND INVESTMENTS: $510,066.97 (a) Motion by Councilman Cook, seconded by Councilman Scheckla to approve. Approved by unanimous vote of Council present. 5. RATIFY COUNCIL GOALS AND PRIORITIES (a) Motion by Councilman Cook, seconded by Councilman Scheckla to approve. Approved by unanimous vote of Council present. 6. APPROVE RESOLUTION No. 81-117 - Reclassification and Salary Adjustments Due to Reorganization. (a) Motion by Councilman Cook, seconded by Councilman Scheckla to approve. Approved by unanimous vote of Council present. 7. APPROVE RESOLUTION No. 81-118 - Appreciation to Reserve Police Officer McIntosh (a) Motion by Councilman Cook, seconded by Councilman Scheckla to approve. Approved by unanimous vote of Council present. 8. RENEW LISTING AGREEMENT ON PINEBROOK LOTS (a) Motion by Councilman Cook, seconded by Councilman Scheckla to renew listing. Approved by unanimous vote of Council present. 9. APPROVE RESOLUTION No. 81-119 - Accepting Improvements/Southern Pacific Indust- rial Park. (a) Motion by Councilman Cook, seconded by Councilman 'Scheckla to approve. Approved by unanimous vote of Council present. 10. APPROVE RESOLUTION No. 81-120 - Accepting Improvements/Muttley's Subdivision (a) Motion by Councilman Cook, seconded by Councilman Scheckla to approve. Approved by unanimous vote of Council present. 11 . APPROVE RESOLUTION No. 81-121 - Accepting Improvements/Summerfield No. 13. (a) Motion by Councilman Cook, seconded by Councilman Scheckla to approve. Approved by unanimous vote of Council present. 12. APPROVE AND AUTHORIZE SIGNATURE OF MAYOR AND RECORDER - Burlington Northern Rail- road for renting sewer line space (Tiedeman Avenue) . (a) Legal Counsel reported that he read the agreement and approved it as to form. (b) Motion by Councilman Cook, seconded by Councilman Scheckla to approve. Approved by unanimous vote of Council present. 13. AWARD BID - Police Replacement Vehicles (a) Chief of Police reported that Cities of Beaverton and Tigard went to bid, jointly, for police vehicles with bid opening on November 17, 1981, at 2:00 P.M. The Bids were as follows: *1. HERSHBERGER MOTORS, INC. $8,985.00 1982 Dodge Diplomat 4 dr Note: $115 under budget estimate **2. KNAUSS CHEVROLET $9,389.95 1982 Malibu Classic 4 dr Note: $289.95 over budget estimate 3. BRYAN BICKMORE DODGE, INC. $8,995.42 1982 Dodge Diplomat 4 dr Note: $104.58 under budget 4. WENTWORTH CHEVROLET CO $ 9,451.00 1982 Malibu Classic 4 dr. Note: $351 over budget * Low Bid Dodge Vehicle ** Low Bid Chevrolet Vehicle (b) Chief of Police and City Administrator recommended awarding the bid to Knauss Chevrolet as the low Chevrolet bid, since the overall low bid, Hershberger Motoers, Inc. (Dodge) , did not meet the bid spec requirements. PAGE. 2 - REGULAR COUNCIL MEETING MINUTES - December 14, 1981 ir (c) Motion by Councilwoman Stimler, seconded by Councilman Scheckla to award the bid to Knauss Chevrolet in the amount of $9,389.95 and to reject the two Dodge bids because they did not meet bid specifications. Approved by unanimous vote of Council present. 14. CIVIC CENTER COMMITTEE PROGRESS REPORT: 14.1 Civic Center Committee Timetable. (a) City Administrator reported that the Civic Center wished to encourage City Council to hold to the May, 1982, deadline for an election on a levy measure. He noted that the City Council and consultant should meet with the Civic Center Committee on January 14, 1982, in order to have all the participants discuss the issues. 14.2 Approve Phase I Civic Center Contract for Architectural Services. (a) City Administrator discussed the proposed contract and noted that Councilman Brian had questioned whether this new contract went beyond the initial scope of the services to be rendered. City Administrator recommended Council ex- tend the salary from $1,000 to $1,500 until December 21 , 1981, meeting where the questions of Council could be answered by the architect. (b) Motion by Councilman Cook to table the contract until December 21 , 1981, and raise the salary in the existing contract from $1,000 to $1,500 for Brun Moreland Christopher Architects. Motion seconded by Councilwoman Stimler. Approved by unanimous vote of Council present. 15. CABLE TV FRANCHISE - MACC PROPOSAL (a) City Administrator stated that this meeting was to give Council an opportunity to discuss or question any further information they have received regarding the franchise proposal before the December 21 , 1981 meeting. (b) Mayor Bishop stated that he had been contacted by Liberty and noted that they are in the process of selling their business. (c) Jim Coleman, City Attorney for Lake Oswego, appeared as a representative of 14ACC to answer any further questions. Duane Christie, Storer Metro, reported that Sherwood indicated approval of Storer and MACC if the other cities in the County approved them coming into MACC at this time. (d) Consensus of Council was to hear issue at the December 21 , 1981 meeting. 8:00 P.M. PUBLIC HEARINGS 16. ZONE CHANGE ANNEXATION ZCA 34-81 (Pacific Highway) NPO #4 - A request by the City of Tigard for an annexation into the City Limits of the City of Tigard for a ten foot wide strip of Pacific Highway right-of-way in front of Fred Meyer, Inc. (11565 S.W. Pacific Highway) (Wash. Co. Tax Map 1S1 36 DB, Tax Lots 190 - .14 acres Highway right-of-way) PAGE 3 - REGULAR COUNCIL MEETING MINUTES - December 14, 1981 'r. (a) Public Hearing Opened (b) Associate Planner reported that the property was right-of-way and that the State of Oregon was aware of the annexation. (c) Public Testimony - no one appeared to speak. (d) Associate Planner recommended approval. (e) Public Hearing Closed (f) Ordinance No. 81-122 AN ORDINANCE RATIFYING ANNEXATION OF LANDS BY BOUNDARY COMMISSION, ORDER No. 1758, RECORDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY (ODOT S.W. Pacific Hwy.) (g) Motion by Councilwoman Stimler, seconded by Councilman Cook to adopt. Approved by unanimous vote of Council present. 17. ZONE CHANGE ANNEXATION ZCA 35-81 (Scholls Ferry Road) NPO #7 - A request by the City of Tigard for an annexation into the City Limits of the City of Tigard for one lot located at 10330 S.W. Scholls Ferry Road and the public right-of-way fronting that lot to the centerline of S.W. Scholls Ferry Road. Also, a request by the City of Tigard to change the zoning on that lot from Washington County RU-4 to City of Tigard A-12 Multi-Family Residential. (Wash. Co. Tax Map 1S1 34AB, Tax Lots 3300) . (a) Public Hearing Opened (b) Associate Planner synopsized history of site and request. (c) Public Testimony - no one appeared to speak. (d) Associate Planner recommended approval. (e) Public Hearing Closed. (f) 0-rdinance ::o. 81-123 AN ORDINANCE RATIFYING ANNEXATION OF LANDS BY THE BOUND- ARY COMMISSION, ORDER No. 1757, AND ADOPTING FINDINGS WITH RESPECT TO AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD TO CONFORM WITH THE NPO #7 PLAN AS ADOPTED AND DECLARING AN EMERGENCY AND FIXING AN EFFEC- TIVE DATE. (g) Motion by Councilwoman Stimler, seconded by Councilman Cook to adopt. Approved by majority 3-1 vote of Council present, Councilman Scheckla voting nay. Ordinance No. 81-123 will require a second reading. 18. DOWNTOWN REVITALIZATION PLAN AND URBAN RENEWAL PLAN (a) Public Hearing Opened PAGE 4 - REGULAR COUNCIL MEETING MINUTES - December 14, 1981 (b) City Administrator requested Don Driscoll, consultant and Allan Paterson, Downtown Committee Chairman, to present any additional information to Council that would be requested. They each noted that all information was given at the Urban Renewal Agency hearing, which was the Council also, and requested Council ask any questions which might still be an issue. (c) Public Testimony: Proponents: Mr. Allan Paterson, 11605 S.W. Manzanita, stated that the plan was modest and would accelerate the growth in the downtown core area and recommended Council accept the plan. (d) City Administrator recommended approval and noted that the modest approach to the issue would meet the needs in the area. (e) Public Hearing Closed. (f) Mayor Bishop noted that he and his wife own property in the downtown core area and in another area of the City. He stated that he would be voting on the issue because all of the Council me�.b- rs own property in the city and would be affected by the tax impact fr,:;rn this plan. (g) Lengthy discussion followed regarding whether to hold an elecLion in May or November and whether it should be an advisory election or mandatory. (h) ORDINANCE No. 81-124 AN ORDINANCE APPROVING THE DOWNTOWN TIGARD REVITALIZATION PLAN. (i) Motion by Councilman Cook, seconded by Councilwoman Stimler to adopt. (j) Mayor Bishop called for a recess to give Legal Counsel time to prepare language for insertion in the ordinance to allow for an election. RECESS: 8:44 P.M. RECONVENE: 9:00 P.M. (k) Mayor Bishop stated that Council does support the Urban Renewal Plan and is confident that the citizens will support it at they polls. (1) Councilman Scheckla stated that the Urban Renewal Plan should be approved by the voters at the polls. (m) Councilman Cook stated that the issues are so complex that the citizens would need to have the same opp�.rtuniti7 as Council has had in learning what tax increment financing is betfore they could justly decide the fate of Urban Renewal at the polls. He felt the election was not essential to tie to this ordinance and requested Council pass the ordinance as is, and later pass a resolution to call for an election. PAGE 5 - REGULAR COUNCIL MEETING MINUTES - December 14, 1981 (n) City Administrator noted that the people do have the right to a referendum vote on this issue, and that if Council wished to not include an election in this ordinance, the citizens would still have their rights protected by a chance for referendum. (o) Legal Counsel recommended verbage that could be added to the ordinance to allow for an election. (p) Motion by Councilman Scheckla, seconded by Mayor Bishop, to add the wordage to the ordinance to have an election (not advisory) . Motion failed by 2-2 vote of Council present, Councilman Cook and Councilwoman Stimler voting nay. (q) Motion to adopt Ordinance No. 81-124 fails on the first reading by a 2-2 vote of Council present, Councilman Scheckla and Mayor Bishop voting nay. (r) Legal Counsel advised Council that a special meeting may need to be called if the ordinance does not pass the next meeting by unanimous vote; if Council wishes to take advantage of the 1982 tax year monies since the deadline for filing with the county is December 31 , 1981. (s) Mayor Bishop moved to make amendments to the ordinance to call for an advisory election in November, 1982. Motion seconded by Councilman Scheckla. Motion failed by a 1-2-0 vote of Council. Councilman Cook and Councilwoman Stimler voted nay, Councilman Scheckla abstained. (t) City Administrator advised that this ordinance would be reintroduced at the December 21 , 1981 meeting. PUBLIC HEARINGS CLOSED 19. ORDINANCE No. 81-100 AN ORDINANCE RATIFYING ANNEXATION OF LANDS BY THE BOUNDARY COMMISSION, ORDER No. 1769, AND ADOPTING FINDINGS WITH RESPECT TO AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD TO CONFORM WITH THE NPO #1 and #6 PLANS AS ADOPTED AND DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DATE. (a) Motion by Councilwoman Stimler, seconded by Councilman Cook to adopt. Motion fails by a 2-2 vote of Council present, Mayor Bishop and Councilman Scheckla voting nay. Ordinar^_e will require a 1st reading at the December 21 , 1981 meeting. 20. ORDINANCE No. 81-101 AN. ORDINANCE RATIFYING ANNEXATION OF LANDS BY THE BOUNDARY COMMISSION, ORDER No. 1760, AND ADOPTING FINDINGS WITH RESPECT TO AN AMENDMENT TO THE 1.970 ZONING MAP OF THE CITY OF TIGARD TO CONFORM WITH THE NPO #3 PLAN AS ADOPTED AND DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DATE. (a) Motion by Councilman_ Cook, seconded by Councilwoman Stimler, to adopt. i of Council present, Councilman Scheckla voting Approved by 3-1 majority vote nay. PAGE 6 - REGULAR COUNCIL MEETING MINUTES - December 14, 1981 21 . ORDINANCE No. 81-103 AN ORDINANCE RATIFYING ANNEXATION OF LANDS BY THE BOUNDARY COMMISSION, ORDER No. 1763, AND ADOPTING FINDINGS WITH RESPECT TO AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD TO CONFOF14 WITH THE NPO # 1 PLA14 AS ADOPTED AND DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DATE. (a) Motioa by Councilwoman Stimler, seconded by Councilman Cook to adopt. Approved by 3-1 majority vote of Council present, Councilman Scheckla voting nay. 22. ORDINANCE No. 81-104 AN ORDINANCE. RATIFYING ANNEXATION OF LANDS BY THE BOUNDARY COMMISSION, ORDER No. 1759, AND ADOPTING FINDINGS WITH RESPECT TO AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD TO CONFORM WITH THE NPO X66 PLAN AS ADOPTED AND DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DATE. (a) Motion by Councilman Cook, seconded by Councilwoman Stimler to adopt. Approved by 3-1 majority vote of Council present, Councilman Scheckla voting nay. 23. BUILDING CODE AND FEES REVISION ORDINANCE (a) Building Official recommended adoption and noted that the changes were fee increases adopted by the State of Oregon effective November 1, 1981. In order for City of Tigard to be uniform with the other cities in the county, he recommended the increases be adopted. (b) ORDINANCE No. 81-125 AN ORDINANCE OF THE TIGARD CITY COUNCIL AMENDING TITLE 14 OF THE TIGARD MUNICIPAL CODE, BUILDINGS AND CONSTRUC- TION, BY UPDATING CODES AND FEES, FIXING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. (c) Motion by Councilwoman Stimler, seconded by Councilman Cook to adopt. Approved by unanimous vote of Council present. 24. PUBLIC INDECENCY ORDINANCE (a) City Administrator stated that the Police Department and Municipal Court Judge feel that the code has been too strict in. the punishment for public indecency in the second degree and recommends that this he classified as a violation. This would mean that no jail sentence could be imposed. (b) ORDINANCE No. 81-126 AN ORDINANCE AMENDING SECTION 7.32.110 - PUBLIC INDECENCY, OF THE TIGARD MUNICIPAL CODE, AND DECLAR- ING AN EMERGENCY. (c) Motion by Councilman Cook, seconded by Councilwoman Stimler to adopt. Approved by unanimous vote of Council present. 25. SEWER FINANCE - DISCUSSION AND CHARGE IN-LIEU-OF-ASSESSMENT ORDINANCE. ? (a) City Administrator drew Council's attention to the draft ordinance in their PAGE 7 - REGULAR COUNCIL MEETING MINUTES - December 14, 1981 packets. He noted that this type of ordinance would encourage the citizen to hookup to the sewer line closest to them when it is available. (b) Consensus of Council to study issue further in Janurary. 26_ N_W- LOOP LID TIMING REPORT (a) Associate Planner distributed a report from Ginther Engineering showing the work program and cost breakdown for the project. She noted that the Director of Public Works recommends Council approve the feasibility study and that $9,500 (city matched funds) come from the System Development Charges. (b) Mary Price, Research and Program Development Personnel from Ginther Engineering appeared to answer Council questions and recommend approval of prelininary work. (c) Motion by Councilman Cook, seconded by Councilwoman Stimler to authorize the feasibility study and the expenditure of $9,500 from System Development Charges Fund to hire Ginther Engineering to do the work as described in the agreement between City of Tigard and Washington County. Approved by unanimous vote of Council present. 27. 74TH AVENUE STREET LID (a) Motion by Councilwoman Stimler, seconded by Councilman Cook to table until December 21, 1981 as Director of Public Works was absent from meeting. Approved by unanimous vote of Council present. 28. EXTENDED TEMPORARY PLANNING RULES TO JANUARY 31 , 1982 (a) Legal Counsel recommended Council extend the temporary hearing rules for planning issues from December 31 , 1981 to January 31 , 1982, since the administrative procedure revisions are still being studied. (b) ORDINANCE No. 81-127 AN ORDINANCE AMENDING ORDINANCE No. 81-68 AND 81-99 WHICH ADOPTED TEMPORARY RULES FOR COMPREHENSIVE PLAN REVISION HEARINGS AND DECLARING AN EMERGENCY. (c) Motion by Councilman Cook, seconded by Councilwoman Stimler to adopt. Approved by unanimous vote of Council present. 29. OPEN AGENDA: No one appeared to speak. 30. ADJOURNMENT: 10:00 P.M. City Recorder ATTEST: PAGE 8 - REGULAR COUNCIL MEETING MINUTES - December 14, 1981 AFFIDAVIT OF PUBLICATION STATE OF OREGON, I COUNTY OF WASHINGTON, ss. 1, _ ._. _ _ JOHN W. MARLING being first duly sworn, depose and say that I am the publisher .. . of The Tigard Times, a newspaper of general circula+ion, as defined by ORS 193.010 and 193.020, published at Tigard, in the aforesaid county and state; that the legal notice, a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for --...._1 . successive and consecutive weeks in the following issues - December 3 f 1987_ .. (Signature) Subscribed and sworn to before me thi _. ----Z�.. _.. day of 19.0 Notary Public of Oregon My commission expires ......... "rZf 19�-5^ PUBLIC HEARING NOTICE Notice is hereby given that the City Council will consider the following of Fowler Junior High.SchowLectui a Room 10865 SW Walnut•Street, Tigard, ►8. r14Rf 5 z - A City'o�Tig Foix an Sneiexation nt 'td the City Limits of the City It of Tigard for a 10 foot wide strip of Pacific Highway right-of-way is front of Fred Meyer,Inc. (11585 SW Pacific Highway). (Wash.Co.Tax Map 1S1 36DB, Tax Lot'190—.14 acres Highway right-of--way.) •'ZONE CHANGE ANNEXATION ZCA 34-81,(Scholls Ferry Road)NPO#7 A request by the City of 11gard for an annexation Into the City Limits of the City of Tigard for 1 lot located at 10330 SW Scholis Ferry Road and,the public rightof--way frontingy�that lot i6 the centerline of SW SSchollss Ferry R]oad.Also,a VOL Ty tTK ''Wi 3�/Cr ;11F {�� eW 641 PAYMENT OF BILLS FOR COUNCIL APPROVAL - PROGR m BUDGET NOVEMBER 30, 1981 Community Protection Police 11,93k ns Public Works 1.962.92 Municipal Court 174.28 Planning 1,419.24 Building 1.530.84 I Total Community Protection 17.025.36 Home & Community Quality Public Works _ 5.588.50 f Social Services Library 2x151.33 Aged Services Youth Services Historical Total Social Services .451.33 Policy & Administration Mayor & Council 760.13 Administration 1,086.78 Finance 1,644.79 Total Policy & Administration 3,491.70 City Wide Support Functions Non-departmental 34,311.66 Misc. Accounts (refunds & payroll deductions, etc.) 33.517.07 CAPITOL BUDGET Community Protections Road Acquisition & Dev. Parks Acquisition & Dev. Storm Drainage Total Community Protection Support Services Building Improvements Senior Citizen Center 4.273.50 DEBT SERVICE General Obligation Bond Bancroft Bond 409,407.85 UNIFIED SEWERAGE AGENCY Contract TOTAL AMOUNT OF CHECKS WRITTEN 510,066.97 9. 7 December 9, 1981 GOALS AND PRIORITIES COUNCIL AND ADMINISTRATOR LIBRARY -+.5 Council and Advisory Board Relations 4.5 Annual Goal Review Workshop Productivity 4.0 Space Needs Accountability Council and Board Relations Management System Budget Workshop 3.5 Growth Impact Cost Consciousness Purchasing 4.0 Civic Center 3.0 Pride in Library Intragovernmental (Internal) Library Services Communications Cable TV Goals, Work Programs and Merit System Hours of Operation Policy Options and Analysis Service Levels 2.5 Municipal Reference Library Volunteerism Visibility 3.5 Pacific Highway 2.0 Social/Cultural/Arts Philosophy of Government Newsletter Change PUBLIC SAFETY Press and Media Relations Financial Analysis 4.5 Police Department Image Contracting Out Union Contract Targeted Police Services 3.0 Intergovernmental Coordination Community Relations 4.0 Coordination with Law Enforcement Appropriate Technology Agencies Comparison With Other Cities Police Staffing and Growth Impact Dispatching 2.5 City Attorney. ICAP Tracy Report Versus Chief's Response Police Department Space Needs FINANCE AND ADMINISTRAT?'ON Crime Prevention and Community Relations Safety Valve 4.5 Labor Relations Municipal Judge Classification and Compensation Policy 3.5 Public Safety Resource Organization School District Coordination Police Reporting 4.0 Overtime Expanding Role of Police Department Fees and Charges Alarm Response Taxes Equipment Replacement Policy Purchasing Policy Alternatives Personnel System Computers and EDP Technology Labor Negotiators Report Writing Municipal Court 3.5 Vacation Policy Municipal Court Versus District Court Total Compensation Policy Citings Finances Capital Improvement Plan 3.0 Fire Districts Coordination Contingency Reserve Light Bars 3.0 Debt Management 2.5 Tri-Met Coordination Computers and EDP Technoloogy Code 2.0 Evaluate Feasibility/Desirability of: Audit Tigard Fire Department Banking and Investment Policy Contract Police -2- COMMUNITY DEVELOPMENT 4.5 Density Comprehensive Plan Versus NPO Plans 4.0 Downtown Revitalization Street/Arterial System Sewer System Park Plan Parks Industrial Development Code Enforcement Growth Management Coordination Community Involvement Fleet Management 3.5 Planning Director Street Lighting Traffic Signs and Signals Pedestrian Ways/Bikeways Public Facilities Planning within Urban Growth Bounds Cable Communications/Cable TV Local Improvement Districts (LID's) Sign Code Economic Development Building Department Street Light Outages and Traffic Light Malfunctions Capital Improvement Plan and Program Beautification 3.0 Recreation Public Safety Coordination Evaluate Feasibility/Desirability of Three Water Districts in Tigard's UCB Becoming City Department Building Height Limits Chamber of Commerce Senior Center Community Development Black Grant (CDBG) Engineering Cook Park Planning Commission Minutes Main Street Parking Added by the Park Board only: Greenway Development and Acquisition Park Development and Acquisition 2.5 Janitorial Services III IN ! 11 2.4 MEMORANDUM T0: City Council Members FROM: Linda Sargent, Administrative Assistant RE: Recommended Reclassifications DATE: December 10, . 1981 Attached please find a resolution containing recommended reclassifications, corres- ponding salary adjustments and draft job descriptions for the positions affected by the reorganization of staff. I am continuing with a job classification analysis of the positions in the City. Upon further review, I will be presenting findings to you at a later date. As you will notice on the resolution, the Clerk II classification is bounded by set ranges per our contract with .TMEA/OPEU. The remaining positions are unclassi- fied. The Accounting and Office Managers fit into the recommended range at their present salary levels. The Records Manager's salary is set to. correspond with an entry level Records Supervisor Q 11olice Department) . The Associate Planner and Ad- ministrative Assistant's salary range has been adjusted to reflect the professional nature of the position, the degree of skill and proficiency required, and the amount of personal judgment and discretion exercised. C City of Tigard, Oregon RESOLUTION No. 81- bESOLUTION OF THE TIGARD CITY COUNCIL ESTABLISHING SALARY RANGES D ADJUSTING S L R ES. Whereas, the Tigard City Council wishes to establish salary ranges and adjust salaries for the positions of Accounting Manager, Office Manager, Records Manager, Information Specialist, Word Processing Specialise, Administrative Assistant, and Associate Planner due to a reorganization of staff and the creation of mid- management level positions ; NOW, THEREFORE, BE IT RESOLVED, that the Tigard City Council establish the salaries for the following positions effective December 1 , 1981 . DEPARTMENT FORMER POSITION NEW POSITION' ACTUAL SALARY ADJUSTED RANGE per month per month 431 Senior Accountant Accounting $1987 $1800-2250 ($1987) Manager 431 Administrative Office $1471 $1330-1662 ($1471) Secretary Manager 431 Clerk II/ Records $1132 $1190-1487 ($1226) Municipal Court Manager 431 Clerk II/ Information $1132 $922 -1132 ($1132) Public Works Specialist 431 Clerk II/ Word Processing Planning Dept. Specialist $922 $922 -1132 ($922) 422 Research and Administrative Development Aide Assistant $1-347 $1542-1875 ($1542) 141 Special Asst. to Associate Planning Director Planner $1310 $1542-1875 ($1542) PASSED: This day of , 1981 . Mayor - City o agar '-Recor .er. - City ot Tigard RESOLUTION No. 81- ACCOUNTING MANAGER Start step $1 ,800 to top step $2 ,250 per month DEFINITION A mid-level management position as Accounting Division - Manager . Reports directly to the Finance Director/City Recorder. Supervises Accounting Division personnel . Maintains an accurate and up to date accounting of all City financial transactions and prepares financial statements and reports . TYPICAL EXAMPLES OF WORK Responsible for trial balances and reconciliation of accounts . Posts and balances ledgers and prepares payroll . Prepares statistical and financial reports and statements . Maintains specific cost accounting systems. May bill and maintain bonded and unbonded assessments. Follow established procedures for collecting delinquent accounts . Assists in resolving financial problems and complaints . Composes letters for answering routine mail . Assists in the preparation of audit reports, .cash flow analysis, budget and investments . Computes fund balances for appropriations . Maintain sewer accounts receivable. Checks cash flow and advises Finance Director on investments . Exercises supervision of Accounting Division personnel . Performs related duties as deemed necessary. MINIMUM SKILLS, ABILITIES AND KNOWLEDGES 1 . Ability to understand and execute written and oral instructions . 2. Ability to work effectively with the public and other employees . 3 . Workingknowledge of English grammar, spelling, business English and office practices . 4. Thorough knowledge of accounting principles and the ability to apply such knowledge. 5 . Thorough knowledge of payroll, accounting practices and formulas for various withholdings . 6 . Thorough knowledge of various funds and accounts . 7 . Ability to train and supervise Accounting. Division personnel . 8. Ability to learn City policies and procedures . 9. Ability to classify data and post to appropriate accounts . 10. Ability to do any related financial transactions including any reports required by Federal , State or County governments . 11 . Ability to operate calculator, 10-key adding machine, data processing equipment. 12 . Ability to complete audit formats for audit report. 13 . Ability to maintain rec-ids of cash flow. 14. Knowledge of the budget process . 15. At least graduation from high school, a degree in Accounting preferred, . with three years experience in municipal accounting and one year as a supervisor. OFFICE MANAGER Start step $1,330 to top step $1,662 per month DEFINITION An entry-level management position as Support Services Section Manager. Reports directly to Finance Director/City Recorder. Also acts as Deputy City Recorder in the absence of the Finance Director/City Recorder. Responsible for general coordi- nation of office business -functions, general office furnishings, materials and supplies. Directly responsible for City-wide clerical, word processing, printing and copying support services. Prepares minutes and legal notices. Maintains cur- rent City Code. Supervises clerical personnel responsible for foregoing functions. TYPICAL EXAMPLES OF WORK Prices and orders office machinery and furniture. Arranges printing (external) and duplicating services. Coordinates all office machinery, janitorial, linen and build- ing maintenance. Develops and implements word processing systems for the City. Deve- lops word processing manuals for staff use. Sets up word processing for Council, Planning, Budget, Boards and Committees packets. Responsible for maintaining copy Writes minutes, ordinances and resolutions. center. Attends Council meetings. Processes street vacation, appeals, and various requests from citizens. Prepares Council packets. Provides technical support for Finance Director/City Recorder. MaIrlbains current Tigard Municipal Code. Support to departments with ordinance writing and public notices. Researches ordinances and codes. Coordinates requests from departments requesting technical assistance and cross training of clerical per- sonnel for back-up. Performs related duties as deemed necessary. MINIMUM SKILLS ABILITIES AND KNOWLEDGES 1. Ability to understand and execute written and oral instructions. 2. Ability to establish and maintain effective working relationships. 3. Knowledge of English grammar, spelling, business English and office practices. 4. Ability to train and supervise clerical personnel in Support Services Division. 5. Ability to type 60 WPM on an electric typewriter. 6. Through knowledge of the City's geography, policies, procedures, codes, ordinances and regulations. 7. Ability to attend night meetings. 8. Ability to apply bookeeping/accounting principles and practices in maintaining financial records. 9. Knowledge of word processing systems. 10. At least a graduate of high school or equivalent. . Business school is preferred. Three years' experience in office or related work and considerable knowledge of office procedures. C RECORDS MANAGER s Entry Step $1,190 to top step $1,487 per month DEFINITION An entry level management position as records sections manager. Reports directly to the Finance Director/City Recorder. Responsible for City Central files, Municipal Court records and Clerical Support, City Information Center and Customer Services, City and interdepartmental mail, and issuance of all City licenses and permits. Supervises clerical personnel responsible for foregoing functions. TYPICAL EXAMPLES OF WORK Develops Systems for maintaining City's central files. Responsible for City Information Center, Customer services, City and interdepartmental mail. Prepares and maintains court records, coordinates the court docket and proceedings. Responds to public inquiries and citizen complains. Supervises clerical personnel in the records section. Performs related duties as deemed necessary. MINIMUM KNOWLEDGE, SKILLS, ABILITIES 1. Knowledge of office practices and filing systems. 2. Knowledge of bookeeping principles. 3. Knowledge of English grammar, spelling and Business English. 4. Skill in understanding and executing written and oral instructions. S. Ability to learn court procedures and the legal system. 6. Ability to train and supervise clerical employees. 7. Skill in organizing work activities without close supervision, 8. Demonstrated skill in office practices and procedures. 9. Skill in oral and written communication. 10. Ability to work evenings. 11. Knowledge of the City's geography, procedures,policies and practices. LF- WORD PROCESSING SPECIALST Start step $922 to top step $1,132 per month DEFINITION An Office Assistant II job classification position as Word Processing Specialist in the Support Services Section. Reports to the Office Manager. Responsible for pro- cessing high volume copying and mailings. Prepares minutes of meetings and legal notices. Performs related work as deemed necessary. TYPICAL EXAMPLES OF WORK Processes all documents, packets and letters sent through Word Processing... Completes high volume copying and mailings. Attends night meetings. Writes minutes.'- Prepares public notices, posting, mailing and newspaper notices. Responds to requests for information from citizens. Assists Office Manager with Support Services functions. MINIMUM SKILLS, ABILITIES AND KNOWLEDGES 1. Ability to understand and execute written and oral instructions. 2. Ability to establish and maintain effective working relationships. 3.. Knowledge. of English grammar, spelling, business English, and modern office practices. 4. Ability to work without close supervision. 5. Ability to type 60 WPM. 6. Ability to learn ordinance and resolution writing techniques. 7. Working knowledge of Tigard Municipal Code, City geography, policies and procedures. 8. Ability to communicate effectively with the public. 9. Knowledge of word processing equipment. 10. Language and manual skills necessary for utilization of a word processing system. 11. Ability to attend night meetings. 12. Equivalence of high school graduation with two years in off--ce or related work. I a INFORMATION SPECIALIST Entry step $922 to top step $1,132 per month DEFINITION An Office Assistant II job classification position and Information Specialist in the Records Management Section. Reports to the Records Manager. Responsible for providing information to the public over the telephone and in person. Collects and distributes City and interdepartmental mail. Acts as the initial contact person for the City. Assists in the issuance of permits and licenses. TYPICAL EXAMPLES OF WORK Responds to public inquiries and Citizen complains over the telephone and in person. Directs the public to the appropriate department. Processes City and interdepartmental mail. Assists in the issuance of permits and licenses. Acts as the initial contact person for the City. Performs related clerical duties as deemed necessary. MINIMUM KNOWLEDGES, SKILLS, ABILITIES 1. Ability to understand and execute written and oral instructions. 2. Ability to establish and maintain effective working relationships. 3. Knowledge of English grammar, spelling, business English and written office practices. 4. Ability to work without close supervision. 5. Ability to communicate to the public effectively. 6. Knowledge of City department, geography, policies and procedures. 7. Ability to operate City's Communication System. 8. Experience of High School graduate with two years in office or related work. ASSOCIATE PLANNER Entry step $1542 to top step $1875 per month �� DEFINITION Reporting directly to the Public Works/Planning Director, individuals in this classi- fication perform complex professional planning work, including research, analysis, and technical planning activities related to current planning efforts, the implemen- tation and updating of the City's Comprehensive Land Use Plan and special projects. Work assigned is carried out independently. May supervise other technical and office assistants on assigned special projects. Performs other related duties as assigned. TYPICAL EXAMPLES OF WORK Implementation/Updating of the City's Comprehensive Plan/Future Planning Administers a program of land use planning development and control for the economic and physical growth of the City. Prepares technical reports on land use and develop- ment activity and submits research findings in written, oral and graphic presentations. Represents the City at proceedings before the Oregon Land Conservation and Development Commissions concerning the City's Comprehensive Plan. Meets and advises members of the development community, Planning Commission, City boards and committees, Neighbor- hood Planning Organizations and the general public on specific planning and zoning matters. Researches and prepares studies and ordinances for the implementation, amendment and updating of the City's Comprehensive Plan. Coordinates efforts with other local governments to insure compliance with City plans. Monitors new and existing legislation for impact on the City's planning policies and practices. Administration of Current Planning Activities Performs technical research on zone changes, ordinances, annexations, conditional use permits, minor land partitions, site development proposals, appeals, and other plan- ning matters including population, housing, transportation, land use, public facili- ties and economic studies. Participates in and analyzes field surveys of re-zoning and variance requests in regard to parking, access, and landscaping. Collects, ana- lyzes and presents data; prepares new ordinances, ordinance revisions, resolutions and annexation petitions. Consults with Fire Marshal, Engineering and Building staffs, and City Attorney in regard to planning projects. Responds to public inquiries. Pre- pares staff reports and makes recommendations for approval or denial of planning re- quests. Attends meetings of various agencies and professional groups on city planning activities. Special Projects Prepares grant applications and maintains an inventory of funding sources as directed. Conducts special inventories, studies, and investigations related to the economic and physical development of the City. Performs other studies as assigned. MINIMUM SKILLS, ABILITIES AND KNOWLEDGES 1. Graduation from college with a degree in planning, architecture or related field. 2. Three years professional experience in municipal zoning administration and planning. 3. Knowledge of the principles and practices of local planning and zoning. 4. Knowledge of State and Municipal laws and regulations governing planning and zoning and the ability to appropriately interpret them. 5. Knowledge of engineering drawings and topographic mapping. 6. Knowledge of research methods as applied to the collection, tabulation and analysis of statistics affecting public planning. 7. Ability to compute and evaluate economic and planning statistics. 8. Ability to establish and maintain cooperative relationships with builders. 9. Ability to prepare maps, drawings and layouts from notes and sketches. 10. Ability to make oral and written presentations to various public bodies. 11. Must be able to attend night meetings. 12. Must possess, or be able to obtain, a valid Oregon Driver's License within 30 days of appointment. ADMINISTRATIVE ASSISTANT Entrystep l �' to top stcp d.11 ''c•, YY 1'' y' �-�� `�Y `�Y W�-f LJV pci' 111UL1 tI1 DEFINITION Reports directly to and is responsible to the City Administrator. Performs profes- sional, administrative work relating to the design, implementation, and control of the City's budgeting, accounting and data processing systems. Acts as a liaison to the Police, Library, and Finance/Records departments. Major project responsibility for developing and implementing productivity program. Peforms professional, adminis- trative work relating to personnel, employee benefits, employee orientation, safety, training, and Affirmative Action. Major responsibility for designing recruitment and selection processes.and the administration of personnel systems. Acts as a liaison to the Community Development departments. TYPICAL EXAMPLES OF WORK Fiscal and Data Processing Implementation and Control Assists in the preparation and monitoring of the City's budget. it to the City Administrator for the design, implementation and control of the City's budget- ing, accounting, and data processing systems. Conducts research and presents find- ings involving. systems .procedures and recommends alternative procedures. Consults with department heads on matters of administration, organization and operations. Performs special management studies related to the delivery and cost of services. Liaison to Police,. Library, Finance/Records and Community Development Departments Confers with and advises department heads and other City officials regarding adminis- trative, fiscal, personnel, and operations problems. Trouble shoots problem areas; researches and presents findings; develops alternative courses of action. Reviews department operations and conducts procedures analyses. Project Management Manages major projects such as the development and implementation of a productivity program. Researches and prepares grant applications. Is responsible for the develop- ment and follow-up of projects as assigned. Intergovernmental Coordination/Community Relations Represents the City at intergovernmental and professional meetings and functions. Attends meetings of and provides staff support to the City Council, staff, and various boards and committees. Personnel, Labor Relations, Employee Benefits, Orientation, Training and Affirmative Action - Designs recruitment and selection processes. Administers City personnel sys- tem. Assists in labor negotiations. Responds to inquiries from employees regarding benefits, training, safety, and Affirmative Action. Collects, analyzes and presents Affirmative Action data. Administers the City's Affirmative Action program. Assists in resolving union grievances and contractual disputes. Responds to inquiries from other jurisdictions regarding personnel/labor relations issues. MINIMUM KNOWLEDGES, SKILLS AND ABILITIES 1. Graduation from an accredited four-year college or university with a degree in Business Administration, Public Administration or closely related field. 2. Three years of demonstrated responsible experience. 3. Experience with purchasing, budgeting, accounting and financial planning. 4. Knowledge of organizational functions, principles of management and organization. 5. Knowledge of statistical methods and methods of graphic presentation. 6. Knowledge of data processing management and systems programming. 7. Ability to assemble, organize and present statistical, financial and factual information. 8. Ability to analyze problems and prepare recommendations. 9. Ability to write reports and speak effectively before the public in regard to various problems and complaints tactfully, courteously and effectively. (continued on back) -2- 10. Ability to establish and maintain effective work relationships with City officials, employees and the ^o.-a p�..va u1 pub 11. Ability to analyze financial projections. 12. Ability to accomplish assigned administrative tasks with a minimum of supervision. 13. Ability to discern appropriate program direction, develop and implement comprehensive plans, and supervise the completion of projects in a timely fashion. 14. Ability to adapt to and work within varied political and social environments. 15. Ability to attend night meetings. 16. Must possess, or be able to obtain, a valid Oregon Driver's License within 30 days of appointment. FOR OMLS USE ONLY PLEASE TYPE OR PRINT OMLS LISTING # OREGON MULTIPLE LISTING SERVICE = FARM, RANCH AND VACANT LAND LISTING FORM ^ ❑ FARM ❑ RANCH ❑ VACANT LAND _ 1 A>=F)CE LISTING # r' PRICE LIST DATE EXPIRE GATE CODIFIED COOP INFOt SUSAREA CODE>ir IS42 000 6 1 15 82 A4.5F - 807 4 5 Address T-pe l Pinebrook SW city code T12 x-st Haall tSW 6 Zoning R-7 20 See below) v Acreage/Sq.Ft.(Lot Size) approx. 23 VyV 0 .Ft. 7 Location/Na,ghborhood BP_b w TexiP cupled by. ❑Owner XVacant O Renter O Remer's Name 7 Ph a e Sao. O Appl Only O Appt,if no answer use Lkbx O Lkb. O Door O Rad O Faucet Possession IMT led 9 Dimensions 22 Character of Land Ro-111nq owned 'o Paving X 5 Water X 6 Owner Has O Deed ❑Abstract taxes S Q(,�Tned ,0 11 Gas X 6 Electric X 6 O Title insurances ❑Certificate Of Title Spec,w Tax $10 8 12 Sanitation X 6 Sidewalks 5 ❑Cont act Holtlnr Loan Balance s Free & Clear 13 Ometlmprovements 37 Payment S 6 14 43 Loan. 10 P 1 T I 11 15 Grade Sch Tem$leton Junior H. rot ai f Senor Hi Ti ai-d Owed ro d 16 Terms Exchange for Il i e Additional Encumbrance $ 17 WarrrntY 6 Other Exceptions TiEle only Owed To 11 16 owner y 1 f T d Add—, 6 alis Ph 6 Home Ph 19 Legal/Remarks/inclusions1 0Y 70 2? porestriri-inns e9nn't- apply to this rrapert f plans to zz rity to keep 'o ±Jonn1 ii-;t- in Faffpe-t 23 Lwnng pine. ,a 24 u LO, 2i n9639- 25 19 — Slap er SISD- 1393-P Ph.63� 25Fenced O Yes insulated O Yes View O Yes Waterfront O Yes Well C Yes 27 LAND SIZE` Q Standard Lot rga Lot O Small lot O Acreage 11 Acreage.How Many Acres? _ ALL ITEMS IN-SOLD FACE TYPE-ARE DATA INPUT ITEMS.PLEASE VERIFY ACCURACY. 'REFER TO SUBAREA MAPS FRONT OF OMLS BOOK 1.Only Insert codified Information from Inside back cover of weekly book. IF SUBMITTING MAP,DIAGRAM,OR SKETCH,ATTACH HERE 28 TO - Sam GOtter Realtors For value received,you are hereby employed and given the exclusive right to sell or exchange the above 29 cf acnbed property at the price and terms stated above.You are hereby authorized to accept a deposit or any part of the purchase price and hold it in your client's trust account or place it in an 30 escrow established for closing the sale of said property.In the event that you,or any other broker cooperating with you,find a buyer ready and willing to purchase said property for said price o; 31 and terms,or such other price and terms as I may accept,or in the event at any sale.contract to sell or exchange or conveyance of said property by me during the life of tnis contract or any renewal 32 or extension thereof,or that you place me in touch with a buyer to whom at any time within ninety days after the termination of this contract or renewal or extension thereof I may sell.Contract o 33 to sell or exchange or convey said property or it y//qqurtrut4,a��m�tthe procuring cause of said sale,exchange or conveyance.I hereby agree to pay you in cash for your mrrvices in connection with this g 34 contract a fee equal in amount to�41L_Li�+x� %of the selling price of the property,but in no case less than S_---0 35 Except as provided above 1 warrant: (1)that I am the owner of said property or the authorized agent l0 act for the Owner; (2)that the information given above Is true and correct (3)that the 3 36 above described property is free of all encumbrances except taxes for the current fiscal year which are to be prorated; (4)that my title thereto is a good marketable title: (5)that as of the date O 37 buyer,s entitled to possession thereat and personal property listed including structural•electrical,heating,cooling and plumbing systems will be in good operating condition and tree of material 1 38 defects: (6)that there are no violations of any laws or regulations relating tothat property: (7)that I have no knowledge of any lien to be assessed against that property. i agree to defend and 39 Indemnify you,your ofrlcars.agents and subegants against any claim whether or not frtvolous,connected with breach of any of the foregoing warranties or with my falllrre to disclose any material 40 tact.—with alleged defects or conditions of which you had no knowledge. 1 agree to convey said real property to the purchaser by a good and sufficient deed and to furnish title insurance and a+ rc transfer and deliver said personal property if any,by a good and sufficient bill of sale.In case of an exchange.I have no objection to your representing and accepting compensation from.me O 42 other party to the exchange as well as myself.1 understand you are a subscriber to Oregon Multiple Listing Service(OMLS)and you are hereby authorized to place this listing in that service and 43 to publish.use and furnish to OMLS to,publication and use any offer or sales data or Information you or any cooperating broker becomes aware of in connection with marketing at the property. c sa I understand that you c000erate with other broken and that they may act In procuring or attempting to procure a purchaser for said property under Ina terms of this agreement I hereby autnonza iy 45 you and yuur customers and such cooperating brokers and their customers t0 enter any part of said property at any reasonable time to inspect same and you are authorized to place a Iokbox and 46 a for sal!sign on said property.1 allow you a reasonable time after termination of tnis contract to close any sale or exchange on which earnest money is then depos,te0a to case I w,!haraw the 1 a7 au tnor,ry r.ereby given dunng the term of this contract.I agree t0 pay the said fee just as d a sale had been Consummated.In Case Of suit Or action On this contract.I agree to pay such add-onal 4 8 sum as the Court may adjudge reasonable as your attorneys fees in said suit or action and appeal thereof sa d? The I Ila—ng items are t0 be left upon the premises as part Of the property to be purchased'. all irrigation fixtures and equipment,plumbing and heating fixtures and equipment.electric I So fight fixtures.light bulb•and fluorescent tubes.curtain rods.drapery rods.valances.veretian blinds,window and door screens.storm doors and windows.attached fireplace screens and equip- O 51 men,.attached TV antenna.all shrubs and trees,and all Items that are affixed by nail Of screw,and all fixtures except 3 0 52 52 -he term of this exclusive listing commences On the Jay of ___-.._—.- -__------------------------ 19._-,and expires at m,dnight on Tuesday. f 54 ,he _. 15 day of June __ --- 19__82 i 55 1 hereby authorize any lender or contract v.tndor-1.res peel to the real Property dPaCri De'd 1bOve.IO release to any broker Or Sales associate Subscribing to OMLS.any Information -9 56 regarding the loan or Contract that such broker or sales associate may request m 0 57 in consideration of the above,we agree to endeavor to etrect a sale or exchange i (SELLER) HEREBY ACKNOWLEDGE 1 HAVE RECEIVED AND FULLY READ AND - 58 ,n acco•]ance with ine terms and conditions above set forth UNDERSTAND A COMPLETELY FILLED-IN COPY OF THIS AGREEMENT In the event 5o that a p•ospective purchaser makes a deposit Or pays any Dart of'he Durchaae once of the 3 rip Property and tnereaner fortelts the same or any part thereof.you are au:ho•,zed 1n my 6,/ name.or otherwise.to declare such forfeiture The amount forfeited after ceduetion of ei 52-1 any title insurance or escrow cancellation charges shall be distributed as!01;0— 2 zo 63 ❑ To you, to the extent Of the agreed commiss,on,just as d the transaction had Dern 3 F 6� Consummated,with residue to me; or J r1 7 v in 55 3x 1-00% Sam Gotter Realtors O 67 By RE-q ESENTATIVE DATE OWNER DATE ■� Room 1018 176 East Fifth Street INDUSTRIAL DEVELOPMENT AND St. Paul, Minnesota 55101 PROPERTY MANAGEMENT DEPARTMENT Telephone (612) 298-2121 November 19, 1981 Re: Station: Tigard, OR Permit: 238,871 Date: October 1 , 1981 Purpose: 8-inch sanitary sewer pipeline Rental : $200 first 10 year period and $100 each subsequent 10 years permit in effect Mr. Frank Currie Director of Public Works City of Tigard 12420 Southwest Main Street Tigard, OR 97223 Dear Mr. Currie: In accordance with your application, we are pleased to enclose in duplicate the above mentioned agreement. Both copies of the agreement must be executed by the Mayor and attested by the City Clerk in the presence of witnesses and returned for execution on behalf of Burlington Northern. One fully executed copy will be returned to you for your record_ Will you also kindly forward your check to cover the rental as specified in the agreement. Sincere , W. Recktenwald Lease Representative Encls. 17 you t Ir y cy •\ • s- •epi _ f j`'^?�•�+G' .� � �d�+ �, _�C 9'�'o�44ti i 86��,��d`d y`�J -•t2%y tea• ?�_`'moi O t I r 1 / 1 1 1 - Exhibit A '- ` OSEGQN ELECTRIC RAILWAY CO. BURLINGTON NORTHERN R R CO. ' PORTLAND DIVISION 8 TN SUB.DIV. . T/GA RD OREGON. j ENGM DIVISION SCALE 4'j/=�� DATE B- t q MEMORANDUM December 9, 1981 TO: City Administrator FROM: Chief of Police SUBJECT: Replacement Patrol Vehicle Bids and Recommendation RE: Joint Purchase with the City of Beaverton Sir: There were four bids received for the replacement vehicles. The bids were opened at 2 p.m. , November 17, 1981, at Beaverton City Hall. The bids received are as follows: =1. HERSHBERGER MOTORS, INC. $8,985.00 1982 Dodge Diplomat 4 dr. Note: $115 under budget estimate **2. KNAUSS CHEVROLET $9,389.95 1982 Malibu Classic 4 dr. Note: $289.95 over budget estimate 3. BRYAN BICKMORE DODGE, INC. $8,995.42 1982 Dodge Diplomat 4 dr. Note: $104.58 under budget 4. WENTWORTH CHEVROLET CO. $9,451.00 1982 Malibu Classic 4 dr. Note: $351 over budget Low Bid Dodge Vehicle Low Bid Chevrolet Vehicle After review and consideration of all available data on the 1982 re- placement police vehicles, it is my recommendation that the City accept the bid submitted by Knauss Chevrolet of Tigard for the Chevrolet Malibu Classic police package (see attached cost analysis) . Justification: For various reasons including a minimal amount of general repair and maintenance, the Chevrolet Malibu is the preferred and desired police package by both us and the Beaverton Police Department. Due to the physical dimensions of the Malib, it .,.11ows for compatible equipment transfer such as lights, screer. - , rad.-' -j equipment, tires and wheels, etc. Therefore, cutting the cost - r-.w equipment and/or modification to the existing equipment and a reduction of installation time and costs. Patrol Vehicle Bids December 9, 1981 Page 2 At the present time all uniform police cars are and have been for three years Cnevrolet Malibus; as a result, the City Shop has accumulated an inventory of Malibu parts and supplies, and have acquired the necessary technical knowledge and experience to maintain and repair them. All of this helps expedite the unneeded down time of our police vehicles, as well as the experience of having a Chevrolet dealer in the city to take care of warranty and major repair work. Summary Statement: The budgeted appropriation for replacement vehicles is $27,825. The cost of the three replacement vehicles as recommended is $28,169.85; a short fall of the above appropriation by $344.85. The cost over-run can be covered from the Patrol Division Account #1.1.1-705 without the need of a supplemental budget; nor will the transfer have a negative impact on the Patrol Division budget. Respectfully, R.B. Adams Chief of Police cc: City Council REPLACEMENT VEHICLE COST ANALYSIS I. Additional Parts Stock Cost (RE: Dodge Diplomat) A. Major Parts Stock 1. Master brake cylinder system $ 150.00 2. Windshield Wiper Motor 100.00 3. Alternator 230.00 4. Starter 100.00 5. Electronic Ignition System 200.00 6. Water Pump 80.00 Sub Total $ 860.00 B. Service Parts Summary 1. Brake shoes, wheel bearings and seals, air $ 140.00 and oil filters, hoses and belts, spark plugs Grand Total A & B above: $1,000.00 C. Cost Per Replacement Vehicle $ 333.33 r II. Vehicle Conversion Cost A. Dodge Diplomat 1. Security Screen Mounting kit $ 45.00 2. Push Bumper Mounting kit 30.00 3. Heavy Duty Spare Wheel 45.00 Total $ 120.00 B. Chevrolet Malibu All existing equipment will transfer - Cost: -0- Actual Vehicle Replacement Cost A. Dodge Diplomat (Hershberger Motors, Inc. ) 1. Vehicle Bid $8,985.00 2. Conversion Kits/Wheel 120.00 3. Parts Stock 333.33 $9,438.33 (a) Over Budget: $163.33 Vehicle Cost Analysis December 9, 1981 Page 2 B. Chevrolet Malibu (Knauss Chevrolet) 1. Vehicle Bid $9,389.95 2. Conversion Kits/Wheel -0- 3. Parts Stock -0- $9,389.95 (a) Over Budget: $114.95 C. Up Front Cost Savings of Chevrolet Malibu: $48.38 per vehicle D. Total Cost of Replacement Vehicles 1. Dodge Diplomat (3) $28,314.99 2. Chevrolet Malibu (3) $28,169.85 IV. Budget Appropriation 81/82 (3 replacement vehicles) A. Replacement Vehicles $27,825.00 1. Cost Estimate per Vehicle: $9,100.00 2. Conversion Cost: 175.00 $9,275.00 B. Budget Short Fall 1. Dodge Vehicles $ 489.99 (a) Per Vehicle: $163.33 2. Chevrolet Vehicles $ 344.85 (a) Per Vehicle: $114.95 V. Other Considerations A. The existing Chevrolet Malibu Parts Stock will exchange with the replacement Chevrolet Malibu vehicles. B. EPA Ratings 1. Dodge Diplomat: 16 mpg town/23 hwy. 2. Chevrolet Malibu 18 mpg town/26 hwy. C. Estimated Fuel Cost Savings Vehicle Cost Analysis December 9, 1981 Page 3 1. Projected miles driven per vehicle annually = 35,000 miles 2. Cost per Gallon = $1.23 3. Fuel Cost estimate: (a) Dodge Diplomat (town EPA) 2 187 gals. (1) fuel required per vehicle = g (2) Cost = $2,690 (b) Chevrolet Malibu (town EPA) 44 gals. (1) fuel required per vehicle = 1,9 g (2) Cost = $2,391 4. Estimated Cost Savings: RE: Chevrolet Malibu $299 annually per vehicle x 3 = $897.00 D. Local Dealer Benefit 1. Rapid turnaround time on Warranty and Major repairs k 4- R z THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document B727 Standard Form of Agreement Between Owner and Architect for Special Services 9979 EDITION THIS DOCUMENT IS FOR USE WHEN OTHER B-SERIES DOCUMENTS ARE NOT APPROPRIATE THIS DOCUXIENT HAS IMPORTANT LEGAL CONSEQUENCES;CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made as of the Fourteenth day of December in the year of Nineteen Hundred and Eighty-One BETWEEN the Owner: City of Tigard Tigard City Halt 12755 S.W. Ash Avenue Tigard, Oregon 97223 and the Architect: Brun Moreland Christopher Architects pc 102(T S.W. Tenth Avenue Portland, Oregon 97205 For the following Project: (Include detailed description of Project location and scope.) Review and evaluate several program and site options for a proposed civic complex to be located within the City of Tigard, Oregon. The study shall encompass the review of manpower and space needs, review of policies for development along with associated cost implications, analysis of site options and preparation of site plan studies for sel- ected sites, and recommendations on financing options and strategy. The Owner and the Architect agree as set forth below. Copyright 1972, © 1979 by The American Institute of Architects, 1735 New York Avenue, N. V., Washington, D.C. 20006. Repro- duction of the material herein or substantial quotation of its provisions-ithout permission of the AIA violates the copyright laws of the United St,etes and will be subject to legal prosecution. AIA DOCUMENT 0727 • SPECIAL 5ERVICE5 AGREEMENT • JUNE 19:9 EDITION • AIA- THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,16VASHINGrON, D.C. zarw 6727—1979 1 ARTICLE 1 ARCHITECT'S SERVICES (Here lirl those services to be provided by the Architect under the Terms and Conditions of this Agrcement- Note u^der each service listed the method and means of compensation to be used, it applicable, as provided in Article 70) Basic Services shall include: 1.1 Review existing manpower plans and space projections as prepared by the City of Tigard, and prepare recommendations as to space needs for'the anticipated - building program. 1.2 Review and evaluate three (3) selected site alternatives in terms of development suitability. 1.3 Review existing zoning and land use documentation, as well as pertinent urban development plans, for evaluation as to impact of the selected alternative sites. 1.4 Review identified Policy Options/development scenarios for suitability, and pre- pare evaluation of financial and urban design implications. 1.5 Prepare site development studies of each or the selected sites. 1.6 Identify financing alternatives and assist in developing an implementaion strategy for development of the civic complex. 1.7 Assist the City Administrator in the preparation of a cost and financing analysis for the selected site. 1.8 Assist in the development of a marketing plan for public presentation of the selected site. 1. 9 Assist in the- preparation of marketing materials for the selected site. 1. 10 Recommend a timetable for development of the civic complex. Additional Services shall include: 1.11 Review and analysis of additional site alternatives. 1.12 Preparation of additional site development plans. 1.13 Field trips to review existing civic buildings or complexes. AtA DOCUMENT 8727 SPECIAL SERVICES AGREEMENT JUNE 19:9 EDITION AIA''' ©1779 THE AMERICAN INSTITUTE OF AP,CHITECTS, 1733 NE%V YORK AVE., ,cw_♦VASHiNGTON, D.C.2006 8727—'1974 2 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 2 ARTICLE 5 THE OWNER'S RESPONSIBILITIES PAYMENTS TO THE ARCHITECT 2.1 The Owner shall provide full information regarding 5.1 Pavments on account of the Architect's services, and requirements for the Project. for Rein ibursable Expenses as defined in Article 1, shall be 2 The Owner shall designate, when necessary, arep- made monthly upon presentation of the Architect's state- ment o, services rendered or as otherwise provided in this resentative authorized to act in the Owner's behalf with respect to the Project. The Owner or such authorized Agreement. representative shall examine the documents submitted by 5.2 An initial payment as set forth in Paragraph 10.1 is the Architect and shall render decisions pertaining thereto the minimum payment under this Agreement. promptly, to avoid unreasonable delay in the progress of 5.3 If the Project is suspended or abandoned in whole the Architect's services. or in part for more than three months, the Architect shalt be compensated for all services performed prior to re- 2.3 The Owner shall furnish required information as ex- ceipt of written notice from the Owner of such suspen- peditiously as necessary for the orderly progress of the Sion or abandonment, together with Reimbursable Ex- Work, and the Architect shall be entitled to rely upon the penses then dui and all Termination Expenses as defined accuracy and.completeness thereof. in Paragraph 8.4. If the Project is resumed after being suspended for more than three months, the Architect's ARTICLE 3 compensation shall be equitably adjusted. DIRECT SALARY AND DIRECT PERSONNEL EXPENSE ARTICLE 6 3.1 Direct Salary Expense is defined as the direct salaries ARCHITECT'S ACCOUNTING RECORDS of all the Architect's personnel engaged on the Project, 6.1 Records of Reimbursable Expenses and expenses but does not include the cost of contributions and bene- pertaining to services performed on the basis of a Multiple fits related thereto, whether mandatory or customary, as of Direct Salary or Direct Personnel Expense shall be kept described in Paragraph 3.2; and included in Direct Per- on the basis of generally accepted accounting principles sonnel Expense. and shall be available to the Owner or the Owne=s P. 3.2 Direct Personnel Expense is defined as the direct authorized representative at mutually convenient times. salaries of all the Architect's personnel engaged on the Project, and the portion of the cost of Meir mandatory ARTICLE 7 and customary contributions and benefits related thereto, ARBITRATION such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pen- 7.1 All claims, disputes and other matters in question sions, and similar contributions and benefits. between the parties to this Agreement arising out of or relating -o this Agreement or the breach thereof, shall be ARTICLE 4 decided by arbitration in accordance with the Construes REIMBURSABLE EXPENSES tion Industry Arbitration Rules of t`!e American Arbitra- tion Association then obtaining unless the parties mutu- 4.1 Reimbursable Expenses are in addition to the Archi- ally agree otherwise. No arbitration arising out of or re- tect's compensation and include actual expenditures dating to this Agreement shall include, by consolidation, made by the .Architect and the Architect's employees and joinder or in any other manner, any additional person not consultants in the interest of the Project for the expenses a party to this Agreement except by written consent con-.- listed in.the following Subparagraphs: taining a specific reference to this Agreement and signed .1 expense of transportation and living expenses in by the Architect, the Owner and any other person sought to be joined. Any consent to arbitration involving an connection with out-of-town travel authorized by additional person or persons shall not constitute consent the Owner, to arbitration of any dispute not described therein or%with .2 long distance communications, any person not named or described therein. This a-ree- mens to arbitrate and any agreement to arbitrate %,,�ith an .3 fees paid for securing approvals of authorities hav- ing additional person or persons duly consented to by the jurisdiction over the Project, parties to this Agreement shall be specifically enforceable .4 reproductions, under the prevailing arbitration law. .5 postage and handling of documents, 7.2 Notice of the demand for arbitration shall be filed in writing with the other party to this Agreement and with .6 renderings and models requested by the Owner, the American Arbitration Association. The demand s}hall .7 data processing and photographic production be made Vwithin a reasonable time after the claim, dispute techniques when used in connection with Addi- or other matter in question has arisen. In no e%ent shall tional Services, the demand for arbitration be made after the date when institution of legal or equitable proceedings based on .S expense of overtime work requiring higher thah such claim, dispute or ether matter in question would be regular rates, if authorized by the Owner. barred by the applicable statute of limitations. AIA DOCUMENT 8727 • SPECIAL SERVICES AGREE•NIENT - JUNE 1979 ED[NON AIA' G!?M THE A.MERIC4N INSTITUTE OF ARCHITECTS,1733 NEW YORK AVE., N.V.,WASHINGTON, D.C. 20006 B727—19,19 3 7.3 The award rendered by the arbitrators shall be final, For Services provided on a Fixed Fee basis, 1o''. of and judgment may be entered upon it in accordance with the Fixed Fee earned to the time of termination. applicable ia%v in any court having jurisdiction thereof. ARTICLE 9 ARTICLE 8 MISCELLANEOUS PROVISIONS TERXti11NATION Or AGREEMENT 9.1 Unless otherwise specified, this Agreement shall be 8.1 This Agreement may be terminated by either part go,.erned by the lav of the principal place of business of upon seven days' written notice should the other y the Architect. party fail substantially to perform in accordance with its terms 9.2 As between the parties to this Ag reertient: as to all through no fault of the party initiating the termination. acts or failures to act by either party to this Agreement, 8.2 This Agreement may be terminated b the 0%%, r any applicable statute of limitations shall commence to y run and any alleged cause of action shall be deem.ed.to upon at least Seven days' written notice to the Architect have accrued in any and all events not later than the date in the event that the Project is permanently abandoned. pziyment, Is due to the Architect pursuant to Article S. 8.3 In the event of termination not the fault of the 9.3 The Owner and the Architect, respectively, bind Architect, the Architect shall be compensated for all ser- themselves, their partners, successors, assigns and legal vices performed to the termination date. together with representatives to the other party to this .Agreement and Reimbursable Expenses then due and all Termination Ex- to the partners, successors, assigns and legai representa- penses as defined in Paragraph 8.4. tives of such other part}• with respect to all covenants of 8.4 Termination Expenses are defined as Reimbursable this Agreement. Neither the Owner nor the Architect shall Expenses directly attributable to termination for which assign, sublet or transfer any interest in this Agreement the Architect is not otherwise compensated, ph, an without the written consent of the other. amount computed as a Percentage of the compensation 9.4 This Agreement represents the entire and integrated earned to the time of termination,as follows: agreement between the Ov:ner and the Architect and supersedes a For Services provided on a Multiple of Direct Salary ag eements, eliltherr'w'written otrao al Th stions, pAg Agreement or y or Direct Personnel Expense basis, 2000 of the total be amended only by written instrument signed by both expenses incurred to the time of termination; Owner and Architect. s r AIA DOCUMENr 6727 SPECIAL SERVICES AGREEMENT • IVNE 1979 EDITION AINa . 01 1979 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE„ N-W.,%WASHINGTON, D.C. 20006 B727-1979 4 • ARTICLE 10 BASIS OF COMPENSATION The Owner shall compensate the Architect for the services pro\,ided, in accordance with Article 5, Payments to the Archi- tect, and the other Terms and Conditions of this Agreement, as follows: 10.1 AN INITIAL PAYMENT of One thousand five hundred ani 00/100 dollars (S 1, 500. 00 ) shall be made upon execution of this Agreement and credited to the Avner s account as follows: 10.2 COMPENSATION FOR THE ARCHITECT'S SERVICES, as described in Article 1, Architect's Services, shall be com- puted as follows: (Here insert basis of compensation, including fired amounts, multiples or percenragrs.and identify the services to which particular methods of eompen_ ration apply,it necessary) . Compensation for Basic Services shall be a Stipulated Sunt of Sixteen thousand, one hundred dollars and 00/100 ($16,100. 00) • Compensation for Additional Services rendered by Principals and Employees and Subcontractors shall be based on the following rates: 1. Principals' time at the fixed rate of Fifty-five dollars ($55. 001 per hOu_ For. the purposes of this Article, the Principals are: ~�� vur . Dennis J. Brun Robert S. Moreland Grigsby S. Christopher 2. Subcontractors' time at the fixed rate of Fifty-five dollars ($55. 00) per hour. For the purposes of this Article, the Subcontractors are: Robert S. Moore James Breithaupt 3. Compensation for services rendered by Employees shall be based on a multiple of 2.75 times their Direct Personnel Expense, as defined in Paragraph 3.2. 10.3 FOR REIMBURSABLE EXPENSES, as described in Article 4, and any other items included in Article 11 as Reimburs- able Expenses, a multiple of 1. 10 ( ) times the amounts expended by the Architect, the Architect's employees and consultants in the interest of the Project. 10.4 Payments due the Architect and unpaid under this Agreement shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the principal place of business of the Architect. At a rate equal to one (1) percentage point above the prevailing (Here insert any rate of interest agreed upon.) Prime Loan Rate of The Oregon Bank of Portland, Oregon, at the date of billing. and A laws and regcpal en!splaces under the Federal Truth in Lending Act,similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of burin-ss, the location of the Project and elsewhere may aliect the v.tlidity of thii provision. Specific legal .ir• should be ehrained with respect 10 deletion, modification or other requirements such as written duclosurec or s,Jivers.) AIA DOCU.%IEVT 6727 • SPECIAL SERVICES AGREEMENT - JUNE 19;9 EDITION • At,\:a THE A..IEPICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.,NAV.,wASHINGTON, D.C. 2m-)6B,z 27—1979 5 _ 10.5 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that: _ 10.5.1 IF -1 HE SCOPE of the Project or of the Architect's sen ice< i� changed materially, the amounts of comper.;a_ tion shall be equita(>ly adjusted. 10.5.2 IF THE SERVICES covered by this AZreement have not been completed .%ithin nine ( 9 ) months of the date hereof, through no fault of the Architect, the amounts or comp•�nsation, rates and multiples set forth herein shall be equitably adjusted. !ARTICLE 11 OTHER CONDITIONS 11.1 The City of Tigard shall be responsible for providing all required program materials and documentation necessary for the Architect and Subcontractors to perform the services defined in this Agreement. Materials required include, but are not limited to: Comprehensive Plan Maps; Comprehensive Street Plan; Downtown Plan; NPO. #1 Plan; ORB Park Plan; Existing Land Use Plan; Existing Zoning Plan; Manpower Plan; Space Needs Projection (Year 2000) ; Policy, Options; City Organizational Chart; base information on selected site:_- alternatives including property maps, utility service and capacities, topographic if available, existing structures, flood plain analysis, and other documens tation available. This Agreement entered into as of the day and year first written above. OWNER ARCHITECT City of Tiand 12755 S.W. Ash Avenue Brun Moreland Christopher Architects pc r _1020 S.W. Tenth Avenue Tigard. Ore gon 97223 Portland, Oregon 97205 Robert Jean, City Administrator Dennis J. Brun, President AIA DOCU.,tENT 8727 - SPECIAL SERVICES AGREEMENT - IUNE 79:9 EDIr10N - AIA'` - 9.-9 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NE%V YORK AVE., N.V.,WASHINGTON, D.C.O'0005 B727—1979 6 CITY®F TI�AMD December 10, 1981 WASHINGTON COUNTY,OREGON Mayor and City Council City of Tigard, Oregon SUBJECT: Metropolitan Area Communications Commission (MACC) Cable TV Franchise Bid Award Recommendation Honorable Persons: As you are aware, the City of Tigard as a member of MACC, along with the cities and County of Washington County, has been pursuing the development of a cable TV communications franchise for the Washington County area. After a thorough competitive bid process, the unanimous recommendation of all MACC Board repre- sentatives and. the consultant hired to assist us in the bid review was that the Storep/Metro proposal provided the best and most complete service to the commu- nity at the lowest overall cost. The other bidder - Liberty - subsequently suggested to Tigard and some other nearby cities that they could now offer comparable service at lower rates. A special informational hearing on the MACC recommendation, the Storer/Metro bid, .and the Liberty suggestionwas held in Tigard on October 14, 1981. At that hearing, all parties were asked to submit any further information in writ- ing to the City for full public consideration of this most important decision. Meanwhile, the MACC. recommendation of .the Storer/Metro proposal has continued to be reviewed in each of .the affected communities. The purpose of tonight's agenda item is to report to the City Council and the community as to the status of the review of the process to-date. Attached to this letter .are the various staff reports to other Councils in the MACC community: Tualatin, Forest Grove, Lake Oswego, and Washington County. I find the various perspectives and analyses of these other MACC communities to be quite persuasive and comprehensive. Since I have been your MACC represen- tative only since November, I hope you will find the views of those who have been involved these past two years to be useful. Although the Tigard Library Board has .not yet had the opportunity to take a formal position, *I have enclosed the staff report to the Board from our Librarian Irene Ertell. The Board should have a formal recommendation to you for the December 21 meeting before you make a final vote. The question was raised on institutional or "B" channel interconnect to Portland if Liberty denies Storer/Metro the interconnect. First, I consider this an un- likely situation since they would need to interconnect to us to benefit their customers as much as we would need to interconnect with them. However, the �. point is moot since institutional interconnect with Portland is available via Cablesystems Pacific. Attached is the letter from the City of Portland docu- menting this interconnect requirement. 12420 S.W. MAIN P.O. BOX 23397 TIGARD, OREGON 97223 PH: 639-4171 -2- The only remaining question is then, can Liberty really offer similar service at lower cost? The Tigard City Council asked that this "suggestion" be put into a "contract proposal" form upon which a binding agreement could be made. Liberty's letter of December 2, 1981 says they don't have time. MACC Resolution 81-5 approved by the MACC Board on November 15, 1981 requires a decision by each MACC Council for their jurisdiction no later than January 6, 1982. I don't .think the City of Tigard can reasonably give Liberty any more time. Each Council Member received the Draft Contract last month. City Attorney Ed Sullivan is currently reviewing the final contract. Only minor edit changes have been made. I have a .contract copy- at City Hall for Council or public re- view, but did not see the need to reprint the entire contract again. My recommendation is that the City of Tigard is best served as a community as a part of the MACC franchise. I further recommend that the City of Tigard will receive the best overall level of. service at the lowest overall cost if the franchise is awarded to Storer/Metro as recommended by MACC. I recommend that pursuant to City of Tigard Ordinance #79-84, a Resolution be passed on December 21_ 1961 awarding the Tigard area franchise to Storer/Metro and that the City con- tinue its MACC affiliation. Please feel free to contact me if there is any further information you feel you need prior to making a decision at the December 21, 1981 regular Council meeting. Yours truly, .e. � - Robert .W. Jean City Administrator cv Enclosures RECEIVED NOV 1 3 M { CI'TV OF TUAXLAkT11l1 18880 8W MARTINAZZI AVE. PO BOX 389 TUALATIN, OREGON 97082 [803) 938-8891 November 10, 1981 To: City Council From: Yvonne Addington . Re: Advantages of Association with Metropolitan Area Communications Commission (MACC) �J requested LP_y �VY - your -etiliiy Vf VrtVber. 26, 1981 , i asked Carl Pilnick, President of Telecommunications Management Corporation, and the independent consultant on the Franchise proposals to give the City Council a brief list of advantages to be gained by remaining in the MACC. Today, I received the enclosed letter giving some of the specific advantages, plus a letter to Mike Dowsett, Beaverton attorney who has been helping the MACC in development of the franchise agreement. In this letter Pilnick indicates he has reviewed the third draft of the franchise agreement that was distributed to you last night and endorses it. The franchise agreement will be subject to the public hearing that you established on November 30, 1981 so hopefully you will be able to review it prior to that time and ask any questions you may have. I will be glad to try to find the answers. cc: DeMar Batchelor with third draft Steve Rhodes Mike Mc Killip i TELECOMMUNICATIONS MANAGEMENT CORP. 6380 Wilshire Boulevard Suite 808 Los Angeles,California 90048 (213)653-0810 November 9, 1981 Ms. Yvonne Addington City of Tualatin P.O. Box 369 Tualatin, Oregon 97062 Dear Yvonne: I am enclosing for your information a copy of my letter to Mike Dowsett regarding the draft MACC cable franchise agreement. In addition to the general opinion expressed in the letter, I believe there are a number of specific advantages to be gained by association with MACC: (1) Lower rates for subscribers -- Although a cable company may offer low initial rates to an individual community in order to gain the franchise, the economies of scale that can be achieved with a larger subscriber base such as.-MACC offers mean that over the 15-year franchise term, rates can expected to be lower for the MACC group than for small, stand-alone communities. (2) Greater choice of services -- Some services, such as fire burglar alarm monitoring, home ' shopping, home banking, etc. , are economically feasible only with a large subscriber base, and might not be practical at all for Tualatin alone. (3) Interconnection -- Some institutional services, such as educational or health care programming, . cross political jurisdictions and requirean interconnected system. While interconnection is technically possible with different cable system franchisees, having one franchisee greatly simplifies and expedites such cross- jurisdiction services. (4) Lower cost of regulation and local programming it is more efficient to regulate cable systems at the MACC level than by individual smaller communities, and also to establish a common local programming support group that can work with all of the area's organizations. Ms. Yvonne Addington City of Tualatin November 9, 1981 a'^ Page 2 Obviously, to achieve the above advantages, each community must give up some measure of independent control. On balance, however, I believe that the benefits greatly outweigh the dis- advantages. For that reason, it is my opinion- that Tualatin would be best served as a merger of the MACC group. Sincerely, CARL PILNICK President CP/k Enclosure l- MEN I I Nil III TELECOMMUNICATIONS MANAGEMENT CORP. 6380 Wilshire Boulevard - Suite 808 - Los An eles, California 9004$ (213)653-0810 November 9, 1981 Mr. Michael G. Dowsett City Attorney City of Beaverton 4950 S.W. Hall Blvd. Beaverton, Oregon 97005 Dear Mike: I have reviewed the third draft of the franchise agreement with Storer Metro that you sent me last week. In my opinion, it is an excellent agreement which not only Incorporates all proposal commitments, but includes the ability to enforce those commitments with a range of appropriate penalties. I have no hesitation in endorsing fully this agreement to all members of MACC, and I believe it will result in a better cable system and more public benefits than- could be achieved by any MnCC community acting independently. • Sincerely, CARL PILNICK President CP/k r R EC ' D 21 578 SW 91st Avenue CITY OF TUAL.A,T•• ` Tualatin, Oregon 97062 November 8, 1981 OV 10181 Ci►;uraticn/C. COPY to. City of Tualatin Council Admin. 18880 SW Martinazzi Avenue "• "°mIn — Eng. Fran. --Bldg. Tualatin, Oregon 97062 Acctg. tier Dear Sirs: r7e As a Tualatin resident who is knowledgeable in the area of cable TV, I'd like to offer the following comments for con- sideration. I'm an electronics engineer for the Federal Communications Commission. The FCC regulates cable systems from the standpoint of the technical quality of signal that is delivered to customers' homes. Essentially, the regulations require a good, clear signal be delivered to the premises. I'm happy to say that we rarely get complaints from citizens concerning deficiencies in this aspect - at least not con- cerning the major cable companies. As far as I know, Stor- rer, as well as Liberty, are weii qualified to meet this requirement. (It should be noted that there is pressure to get the FCC entirely out of cable TV regulation). The FCC does get complaints from citizens concerning billing, .rates, and cable company complaint handling procedures - areas in which the FCC does not regulate. These are the areas that the local franchising contracts must cover, and I urge the City Council to consider this in any proposal offered. You might also consider a clause which would allow renegotiation of the franchise agreement if the FCC does deregulate cable TV. Cable TV is a positive addition to the community and it seems to generate very few problems. Off-the-air TV reception is subject to ever increasing sources of outside interference - everything from home computers to faulty doorbell transformers to inconsiderate CB radio operators can destroy reception. Cable TV is virtually interference free. If you should need information concerning the FCC's role in cable TV regulation, please feel free to contact me at the Portland FCC office. Sincerely, FEDERAL COMMUNICATIONS COMMISSION W ne CiraZ FIELD OPERATIONS BUREAU Charles W. ( ay g CHARLES WAYNE CRAIG la ELECTRONICS ENGINEER � v IT ► 4L 1782 1782 FEDERAL BUILDING 1220 S.W.3RD AVENUE PHONE 503-221-4114 PORTLAND.OREGON 972C4 C17V OF 'IrUALA2I"IPJ 18880 BW MARTINAZZI AVE. PO BOX 3B9 7UAL.ATIN, OREGON 97082 [5001838-8891 December 7, 1981 Mr. Peter Harvey, City Manager City of Lake Oswego City Hall Lake Oswego, Oregon 97034 Dear Pete: Enclosed is a copy of a letter received from Liberty Cable Television at our public hearing on November 30, 1981 , together with my staff recommendation to the Tualatin City Council . Also enclosed are copies of a letter from Carl Pilnick explaining the specific advantages to be gained by association with MACC, plus his letter to Mike Dowsett, Beaverton attorney, endorsing the proposed franchise agreement with Storer Metro. During past sessions, questions were raised regarding the cost of undergrounding cable in each community and a letter from Storer Metro responding to my questions is also enclosed. I am sending them to you in hopes they will be of assistance to you and your Council . Very truly yours, Yvonne L. Addington, Administrator Liberty Cable Television A DIVISION OF LIBERTY COMMUNICATIONS,INC. 025 S.W.Sherman-P.O.Boz 8677-Portland,Oregon 97207-5031225-1984 November 30, 1981 The Honorable Roy R. Rogers Mayor, City of Tualatin P.O. Box 369 Tualatin, OR 97062 Dear Mayor Rogers: On November 19, in a discussion with officials from the City of Lake Oswego, Liberty committed to prepare a proposal by the first week in December for a 15-year extension of our existing franchise within that city. As you are aware, Lake Oswego is a member of the MACC, and as such, was addressed by both Liberty and Storer Metro in their respective MACC proposals. When those proposals were submitted, both companies independently committed not to overbuild the entertainment cable systems currently operational in each other's respective territories: Lake Oswego and eastern Washington County, served by Liberty, and the Aloha area, served by Metro West. Each company, however, submitted plans to construct an institutional network in the other company's area. Recently, Storer Metro has decided to overbuild Liberty's entertainment system in Lake Oswego as well as construct an institutional network--in contradiction to their earlier commitment. This action, which will lead to a situation viewed through- out the cable industry as unnecessarily costly and environmentally destructive, is a direct threat to our as yet unrecovered $1.5 million investment in the Lake Oswego cable system. The seriousness of this situation requires that all our resources be devoted to the preparation of the Lake Oswego proposal , which must take precedence over providing a proposal for your community at this time. We therefore must inform you that we cannot submit a new proposal for the City of Tualatin by today's date. We have reluctantly come to this decision, for we believe there are excellent reasons for your city to consider Liberty as its cable system franchisee. We are deeply disappointed that the MACC process and decisions have so far prevented each community from having the opportunity to fully explore the advantages of any alternatives to a MACC-controlled cable system. We truly appreciate your interest, and regret that these unexpected actions have required our making this decision. Sincerely yours, {� Robert C. Corrao Vice President/General Manager RCC/kja 18880 SW MARTINAZZI AVE. PO BOX 3B9 TUALATIN, ORECION 97082 [503) 638-BBS1 November 25, 1981 City Council City of Tualatin Members of the Council : PUBLIC HEARING - CABLE COMMUNICATIONS SYSTEM FRANCHISE AGREEMENT The final Cable Communications System Franchise Agreement between the jurisdications participating in the Metropolitan Area Communications Commission and Storer Metro Communications, Inc. was completed last week and approved by the Commission. It is the same as the Draft Fran- chise Agreement (Third Draft) (green color) given to you for your re- view and consideration on November 9, 1981 . The only addition is page 100 and 101 (attached) which are the Execution pages to be signed by Storer Metro Communications, Inc. , Washington County and each City who decides to grant a non-exclusive franchise. Of particular significance is Section 3 of the Franchise (page 17-21 ) describing the Grant of the Franchise, Section 5 which describes the system design and performance requirements, Section 6 which describes the service and programming and Section 7, Rates & Charges. In addition, copies of several pieces of correspondence and material answering various questions which have been raised during the process are included. The prospect of Cable Television first became known to cities in 1979 when many cable firms began soliciting the various cities with different offers and types of service. Public officials became concerned about the quality of service, future possibilities, general lack of knowlege about the enterprise and the possibilities of making serious errors by not preparing appropriately to deal with cable television. At the September, 1979 Public Officials Caucus, it was decided to investigate the possibilities of an intergovernmental agreement between the County and any cities who might want to participate. Mayors, managers and attorneys from all of the entities got together and worked out an intergovernmental agreement which Tualatin entered into in March, 1980. Tualatin's representatives to the Commission established were Richard Seburn and Yvonne Addington, with City Attorney DeMar Batchelor advising us as well as a number of other cities regarding legal matters. During the next year, the appointed public officials began drafting Page 2 Cable up a document to include all of the ultimate services possible in a request for proposals. This was done with the advice of all city and county attorneys, plus an independent cable television consultant, Carl Pilnick, of Telecommunications Management Corporation of Los Angeles. In February, 1981 , all of the municipalities, via MACC, issued a Request for Proposals to prospective cable television franchise applicants. Two companies, Liberty Cable Television of Washington County, Inc. and Storer Metro Communications, Inc. submitted applications on June 1 , 1981 . A very detailed evaluation methodology was established to analyze and assess the relative strengths and weaknesses of each applicant's proposal , from the viewpoint of the best interests of the MACC members and their residents, so that MACC might arrive at an appropriate franchising decision. The criteria was weighted, impossible to arrive at a "favorite company" choice and each individual person representing each city and the county took both proposals and without any communication with other members or the consultant, rated the proposals. The consultant also rated the proposals. On the basis of the evaluation, every city and County delegate, plus the consultant rated Storer Metro's proposal higher than Liberty's proposal . After appropriate review cf the evaluation, including comments from the applicants and the public, the MACC designated Storer Metro as the applicant selected for negotiations toward a franchise agreement and proceeded to negotiate the franchise agreement you have today. It is now the City of Tualatin's decision to either remain in the Metropolitan Area Communication Commission and award a franchise to Storer Metro or withdraw and proceed in a different manner. RECOMMENDATION Because of the unique cooperation among the many cities and the County to insure residents of the very best services and future opportunities of cable, plus the possibilities of interconnection, institutional services and the manner in which the process was conducted, it is recommended that the City of Tualatin enter into a non-exclusive cable communications system franchise agreement between the jurisdictions participating in the Metropolitan Area Communications Commission and Storer Communications, Inc. Very truly yours, Monne L. Addington, Administrator att TELECOMMUNICATIONS MANAGEMENT CORP. 6380 Wilshire Boulevard Suite 808 Los Angeles,California 90048 (213) 653-0810 November 9, 1981 Ms. Yvonne Addington City of Tualatin P.O. Box 369 Tualatin, Oregon 97062 Dear Yvonne: I am enclosing for your information a copy of my letter to Mike Dowsett regarding the draft MACC cable franchise agreement. In addition to the general opinion expressed in the letter, I believe there are a number of specific advantages to be gained by association with MACC: (1) Lower rates for subscribers -- Although a cable company may offer low initial rates to an individual community in order to gain the franchise, the economies of scale that can be achieved with a larger subscriber base such as MACC offers mean that over the 15-year franchise term, rates can expected to be lower for the MACC group than for small, stand-alone communities. (2) Greater choice of services -- Some services, such as fire/burglar alarm monitoring, home shopping, home banking, etc. , are economically feasible only with a large subscriber base, and might not be practical at all for Tualatin alone. (3) Interconnection -- Some institutional services, such as educational or health care programming, cross political jurisdictions and require an interconnected system. While interconnection is technically possible with different cable system franchisees, having one franchisee greatly simplifies and expedites such cross- jurisdiction services. (4) Lower cost of regulation and local programming -- It is more efficient to regulate cable systems at the MACC level than by individual smaller communities, and also to establish a common local programming support group that can work with all of the area's organizations . 'c Ms. Yvonne Addington City of Tualatin November 9, 1981 r' Page 2 Obviously, to achieve the above advantages, each community must give up some measure of independent control. On balance, however, I believe that the benefits greatly outweigh the dis- advantages. For that reason, it is my opinion that Tualatin would be best served as a member of the MACC group. Sincerely, CARL PILNICK President CP/k Enclosure C17V V ®F TU^L. XYIIM 18880 BW MART1N.AZZI.4►VE. PO BOX 389 TUALATIN, OREGON 97082 [503) 838-EB91 November 10, 1981 To: City Council / From: Yvonne Addington Re: Advantages of Association with Metropolitan Area Communications Commission (MACC) As requested by you at your meeting of October 26, 1981 , I asked Carl Pilnick, President of Telecommunications Manaaement Corporation, and the independent consultant on the Franchise proposals to give the City Council a brief list of advantages to be gained by remaining in the MACC. Today, I received the enclosed letter giving some of the specific advantages, plus a letter to Mike Dowsett, Beaverton attorney who has been helping the MACC in development of the franchise agreement. In this letter Pilnick indicates he has reviewed the third draft of the franchise agreement that was distributed to you last night and endorses it. The franchise agreement will be subject to the public hearing that you established on November 30, 1981 so hopefully you will be able to review it prior to that time and ask any questions you may have. I will be glad to try to find the answers. r cc: DeMar Batchelor with third draft Steve Rhodes Mike McKillip '�- TELECOMMUNICATIONS MANAGEMENT � ENT CORP. 6380 Wilshire Boulevard - Suite 808 - Los Angeles, California 90048 (213)653-0810 November 9, 1981 Mr. Michael G. Dowsett City Attorney City of Beaverton 4950 S.W. Hall Blvd. Beaverton, Oregon 97005 Dear Mike: I have reviewed the third draft of the franchise agreement with Storer Metro that you sent me last week. In my opinion, it is an excellent agreement which not only incorporates all proposal commitments, but includes the ability to enforce those commitments with a range of appropriate penalties. I have no hesitation in endorsing fully this agreement to all members of MACC, and I believe it will result in a better cable system and more public benefits than could be achieved by . any MACC community acting independently. Sincerely, CARL PILNICK President CP/k r RECD. OCITY OF TUALA PNI k COMMUNICATIONS. INC. NUJ24'81 Circulation/c. Copy to. November 2 3, 1981 Ccuncil Admin. A. Admin. Eag. Plan. Bldg. Ms. Yvonne Addington Acctg. li5r. City of Tualatin _ 'Me lie. P . O. Box 369 -- - Tualatin, Oregon 97062 Dear Yvonne, Larry Sprecher indicated to me that you were interested in getting information from us on estimated undergrounding for each of the MACC communities. Attached are the findings of the study which we commissioned in preparation for filing our pro- posal with MACC. You'll notice that 21% of Beaverton is overhead and 79% underground while Tualatin is 1% overhead and 99% underground. Another interesting comparison is the number of homes per mile . Beaverton' has 111 compared to 71 for Tigard and 97 for Tualatin. We plan to be. in attendance at the meeting on Monday , Novem- ber 30, and will be prepared to discuss any questions the council may have at that time. If possible, we would like to submit a packet of information for the city council prior to Monday's meeting. We will have the binders in your hands by Tuesday unless you have another suggestion. Cheryl Allbaugh, of my office, will be in touch with you regarding the delivery of the materials . I will be out of town until the 29th, but will be available on the 30th for any questions you may have at that time. Jim Moore can be reached at 222-9981 or Larry Sprecher at 644-7553 should you need to communicate prior to the Monday meeting . We're looking forward to working with you and the City of Tualatin in providing a quality cable communications service. Sincerely, W. Dougl4,V Wilson District Manager attachment i WDW/ca 7100 S.W. HAMPTON ST. • SUITE 231 COMMERCE PARK TIGARD.OR 97223 639-1197 r J rl N N N O C1 --a ^ d 00 O t0 ON O Lo CO M .--L Q CD t1) O O r+ tD d N Ln Ln 0p + M p N to M N Ln d N cn .--+ cn 00 d Ln -4 . Ln O1 Cl) N n O N M Cl) O p O N f� Q d 00 p .--L OG d to .-L d Ln .--L W Q J E O O d• Ln p d O) O O co d d Cl- rn m .¢CD p rn O r+ r+ M d Ln M J In :) 1-4 � tO d M .--� d• M N N Ca CL7 CT CT to M CT CD Lf! OO to N t0 N Ln p Ln O O) -4 n d 1-6 cn N M LT cn 1-4 N Ln N Cl) d r-L N t0 L.C) d r-f f- O N M I M J M N ON Ott to co N 00 --4 d d O Ln O Ln QY d m O M n N Ln Ln M .-L h M ON O 00 H H t0 Cl) 00 O -4 00 L- 00 N Ln N N r-L Ov L- Lf) M .•-L O Cl) to Cl) 00 Ol N W O !' U E O O O 00 d N c..) O d tO .-+ 00 d O O O Ln co 1"4 L\ 01 Ln .-L O n 00 L- O Cl- M LCI) W O0 M .-4 Li. M LP) -4 N 00 d LL ' 00 O p cn L� N 1-4 N LLJ = O Ln Ln O d d N O t0 O) �aiA M d O �M O► .--L Ln 00 Ln O N LO .-! M lO -'y Ln M d (n M_ d M N N C7% CO CO M M . L 00 CQ M L� N N t/m? a= 195, r O M to d 1-'4 co N O d ON r 1 � t� � O O N{ to L� C) N d •'L O 00 O U-) .-L 01 to r-+ Ln M to CT Li.. N t0 d co L-_ Ln to 01 Ln 00 O i � C-- LU w W Q W O }_ y of N O Z O N O O � LD G >" W CD O Lp-. Cr O #-- F- 1- J m W- ca ! J m O U QO to N W N W oC J N N W Ln W CLQ J w Y W z J ? Q x c.7 W z LY (n .J-. W .U-. Cd .�-.. Q Z-7CDC> O .OW U m OW S co !- 4Crest r c November 20, 1981 Bob Jean, City Administrator City of Tigard PO Box 23397 Tigard, OR 97223 Dear Bob : Enclosed you will find three staff reports discussing cable television. They cover our participation in MACC from its incep- tion until now. We will be presenting another report at the December 14 City Council meeting, and will send you a copy of that report when it is ready. If you have any questions on the enclosed materials , please let me know. Sincerely, Daniel F. Durig City Manager DFD:NHW:nhw encl . r CITY OF FOREST GROVE P.O. Box 326 Forest Grove, Oregon 97116 (503) 357-7151 4®fest r ove November 17 , 1981 REPORT ON CABLE COMMUNICATIONS ORDINANCE PROJECT TEAM: Administrative Assistant City Manager BACKGROUND In March, 1980, the City entered into an Intergovern- mental Cooperation Agreement with other units of local government to form the Metropolitan Area Communications Com- mission. The purpose of MACC was to develop a cable communications system for the jurisdictions represented on the Commission. To this end, a Request for Proposals was developed and advertised, two cable companies responded by submitting proposals , the proposals were evaluated by MACC and a consultant , and Storer-Metro was sel- ected as the firm with which to begin franchise negotiations . CURRENT STATUS Franchise negotiations have been completed be- tween MACC and Storer-Metro. The draft Franchise Agreement was distributed to Council on November 9. MACC approved this draft on November 18 . It is anticipated that member jurisdic- tions will consider this franchise over the next month. The reso- lution authorizing execution of this franchise in Forest Grove will be on the December 14 Council agenda. MACC expects to ratify the franchise on January 6 , 1982. ORDINANCE In order to enter into a franchise for cable communi- cations with Storer-Metro , the City must adopt an enabling ordinance first. This ordinance provides for the regula- tion of cable communication systems through granting a non-exclusive franchise. The adoption of this ordinance would prohibit the de- velopment and operation of a cable system in Forest Grove unless a franchise were granted. Further, the ordinance provides for the regulation of a franchise agreement through MACC. FRANCHISE ADMINISTRATION MACC is in the process of developing a management model for the administra- tion of the franchise. This process includes preparing a budget, responsibility descriptions and a management plan. MACC intends to employ a contract for a full-time administrator. It is anticipated this process will be completed in the Spring of 1982. RECOMMENDATION It is recommended that Council adopt the Cable Communications Ordinance. CITY OF FOREST GROVE P.O. Box 326 Forest Grove. Oregon 97116 (503) 357-7151 rest rove February 16 , 1981 STATUS REPORT ON THE MACC Project Team: Administrative Assistant City Manager BACKGROUND The Metropolitan Area Communications Commission was formed in March, 1980 through an intergovernmental co- operation agreement for the purpose of developing and regulating a cable communications system within the jurisdiction of the participa- ting local units of government . The rationale behind this joint effort is the opportunity for enhanced service levels at reduced costs through an expanded franchise area. By the fall of 1980, MACC had developed a draft Request for Pro- osals and retained a consultant to review and advise on the RFP, eval- uate cable company proposals, and assist: in the negotiation and award of a franchise. In late October, a series of work sessions were held with the consultant to provide an opportunity for elected officials and the public to review the RFP . Subsequently, the consultant rewrote the RFP and presented MACC with a final draft in January. A public hearing was held on the RFP on February 4, culminating in the Request for Proposals the Council is now considering. OVERVIEW OF THE RFP The RFP is formulated around a franchise 1 area consisting of those jurisdictions par- ticipating in MACC. An initialservice area is established based upon the Urban Growth Boundary of each municipality, wherein all proposed services shall be offered at the same installation charges and monthly rates . The RFP calls for both an entertainment system (A system) and an institutional system (B system) . The A System must have a minimum of 15 channels downstream and two upstream, while the B system must f provide a minimum of 15 channels in both forward and reverse directions . A five-year construction schedule must be provided, during which all i service must be installed. PROCESS TIMEFRAME AND DECISION POINTS The schedule recently adopted by MACC calls for advertisements of the RFP on March 4. Participating jurisdictions must I determine whether to continue or withdraw from the process at this point and if a jurisdiction chooses to withdraw, ten days written notice must be given to MACC. Deadline for submission of proposals is June 1, i after which there will be a period of evaluation with the consultant's evaluation, scheduled for publication in mid-July. The end of August i has been identified as a selection point for the prospective franchisee . Once again, MACC participants will have the option of approving a fran- shise agreement with the selected prospective franchisee and thereby j remaining with MACC orwithdrawing from MACC for the purpose of devel- - j CiTY OF FOREST GROVE P.O. Box 326 Forest Grove. Oregon 97116 (503) 357-7151 -2- oping its own .Franchise or choosing not time. to award a franchise at t� _s DISTRIBUTION OF FRANCHISE RECEIPTS MACC has developed a formula receipts amon for distribution of franchise g participants . The franchisee shall remit 5% of gross receipts to MACC, of which a maximum of 2% shall be used for MACC ad- ministrative and operational costs . If funds remain after deducting these costs, they shall be distributed lation. The remaining 3% shall be distto participants based on popu- ributed among based on two categories : 1) Receipts from res identithe al subscribern swill be returned to the jurisdiction within which the receipts are generated; and 2) Receipts from institutional subscribers shall be returned to the jurisdictions based on population. RECOMMENDATION It is recommended that the Council ratify the Pro ticipation in the MACCeforstheopurposesofsreceivingandoProposals landddevel- opment of a franchise . CF:nhw C ON 1 ` ®rest October 10, 1930 rove STATUS REPORT ON THE METROPOLITAN AREA COMMUNICATIONS COMMISSION Project Team: Administrative Assistant City Manager INTRODUCTION The Metropolitan Area Communications Commission (MACC) was established last March through intergovernmental agreement between the cities of Forest Grove, Beaverton, Hillsboro, Cornelius, Banks, Tigard, Tualatin, King City, Lake Oswego, Milwaukie, Gresham, and Washington County. The purpose of the MACC is to provide a common means of addressing requests from cable companies and to jointly explore the needs and applications of cable services. Over the past six months the Commission has developed a draft Request for Proposals, modeled from the City of Portland's RFP, and has received reports from study groups on the need for and application of cable services in the areas of education, public safety, human services, arts and humanities, and business for inclusion in the RFP. MACC recently completed a selection process for a cable consultant to review the RFP, meet with MACC, the County Commission and City Councils, review and eval- uate proposals received from cable companies and assist in the final franchise negotiations. Telecommunications Management Corporation was selected as the con- sultant and an agreement has been executed. The estimated total cost of the consul- tant service is $26,000. This figure may fluctuate based on the actual amount of travel expense incurred and the number of proposals received. The Commission plans to recoup this cost from filing fees from competing cable companies. In the interim, each commission member has been asked to advance a share of the cost and the City's share is $1,040. CURRENT ACTIVITIES The Commission met on October 3 with the consultant, Carl Pilnick, who provided preliminary comments on the RFP. Two areas of discussion were the evaluation rating structure and the control and priority of institutional services. Mr. Pilnick suggested some additional point structuring within each evaluation criteria to provide measurement of varying conditions or levels of service between the cable companies. The Commission was asked to consider whether the cable companies were to propose priorities and service levels for the institutional system or if the Commission should establish those priorities and service levels in the RFP. The Commission has also received a report and discussed the settlement of the lawsuit between Washington County and Liberty Cable Company. While the settlement does not include a buy-out provision in the event the county should award a fran- chise, the agreement does provide for non-exclusive rights to the area in which Liberty is now laying cable. The consultant does not regard this settlement as hampering the efforts of the Commission and will offer further advice after deter- mining the exact area and number of subscribers Liberty could potentially serve. CITY OF FOREST GROVE P.O. Box 326 Forest G!o.e, Orecon 97116 (503) 357-7151 -2- During the last week in October several work sessions are being scheduled to provide an opportunity for elected officials and interested citizens to review the RFP with the consultant. Any jurisdiction wanting a separate session with the consultant may schedule one following these meetings, but it is hoped that the joint work sessions will suffice. The sessions are tentatively set for October 28 in Beaverton, October 29 in Forest Grove and October 30 in Tigard. The consul - tant's report to the Commission on the RFP is due November 19. The Commission will review the report with the consultant on December 4, and then hold a public hearing on December 17. RECOMMENDATION It is recommended that the Council approve the advance to the MACC for consultant costs in the amount of $1,040. It is further recommended that the RFP be sutdied and Council members plan to attend the joint work session with the consultant. 1 Anenda I-*-e^ Nc- REQUEST FOR BOARD ACTION _J Agency/Department County Administrator Agency/Department Head Gordon MullenPaux To be presented by Michael C McCloskey, Sr Management Ana_lvst Telephone X-810 _ Agenda Title MACC Cable Television Franchise: Adopt Ratification Schedule L Set Public Hearing Recommendation of Dept Head_ Public Hearing Other_ (specify Estimated Cost N.A. Contract Approved by Review Committee? Amount Approved in Budget i! A. Yes al-a- No Recommendation: Adopt attached Resolution and Order. (Each Board Member has already been supplied with a copy of Exhibit-A to the REO, the draft franchise agreement itself. The Clerk of the Board has been provided a copy as well, as has the County Administrator). Related Prior Resolution or Minute Order Number County Ordinance 225; RSO 81-27 (3/3/81)- o - -, ; .M30-311 Agency/Department: Brief Description of Action Desired and Justification (Attach Supporting Documents/Justification if Necessary) Francaise negotiations with Storer-Metro Communications , Inc. have been concluded. The language of the draft Franchise Agreement has been unanimously adopted by MACC and referred to each member jurisdiction for ratification as required by the Inter- governmental Cooperation Agreement which binds Washington County with the other member jurisdictions of the Commission. It is now appropriate for your Board to set in motion the formal franchise adoption process for Washington County. County Counsel has prepared a Resolution and Order (attached) for your consideration today. It would accomplish the following: 1 . Approve the franchise ratification schedule attached as Exhibit-B to the R o 0. ; 2. Set a Public Hearing date of December 15 , 1901 at i PH to consider the award of the franchise to Storer-Metro Communications; 3. �i rect that notice of the Public Heari no be adequately puij1 i ci zed as required by Ordinance 225 ; and 4. Waive the procedural requirements of the County's Pmended Cagle Communications Plan for the purposes of adopting the MACC franchise si e ho requir rye ar not applicable to the current situation. 4 1 . 02- Date: November 24, 1Q�1 Signature l michael C. ! „ioske (Agency/Department Head Comments: Additional explanatory materials are attached. Finance: County Administrator: CHRONOLOGY OF CABLE TELEVISION FRANCHISE EVENTS Evolution of the Metropolitan Area Communications Commission (MACC) and Washington County's Involvement Date Event February 1980 Creation of MACC is proposed; Intergovernmental Agreement drafted; County membership is solicited. March 1980 Intergovernmental Agreement finalized. April 1980 County joins MACC by signing Intergovernmental Coopera- tion Agreement. April - August 1980 Community cable television needs assessed in each MACC jurisdiction; community group needs determined; pre- liminary draft Request for Proposals (RFP) is prepared; consultant selection process initiated. September 3, 1980 MACC selects Mr. Carl Pilnick of Telecommunications Management Corporation, Los Angeles, to be the con- sultant to the Commission. January & February 1981 RFP is finalized by MACC and consultant. February 4, 1981 MACC holds public hearing on final version of RFP. February 11 , 1981 Final changes, based on testimony received at the public hearing, are incorporated in the RFP. March 3, 1981 County, by formal action, elects to continue with MACC, subject to the withdrawal amendments incorporated in the original Intergovernmental Cooperation Agreement. March 4, 1981 MACC formally advertises RFP -- CATV proposals solicited. June 1 , 1981 Cable television proposals received pursuant to MACC RFP. June 15, 1981 Consultant and member jurisdictions begin proposal evaluation process following criteria incorporated in the RFP and based upon detailed guidelines provided by consultant. June 23, 1981 Board of Commissioners endorses proposal evaluation procedures recommended by the County Administrator's Office. June 29, 1981 County establishes 9-member in-house proposal evalua- tion team under chairmanship of Commissioner Gardner. MCM/11-25-81 - Continued - Chronology of Cable Television Franchise Events _ 2 _ Date Event July 15, 1981 County review team completes evaluation of proposals: Storer-Metro Communication's proposal unanimously judged to be superior. July 22, 1981 Proposal evaluations of each jurisdiction, plus that of the consultant, are made public for the first time; Commissioner Gardner apprises the MACC of the County's evaluation of proposals received. August 12, 1981 MACC holds public hearing on CATV evaluations received from consultant and member jurisdictions. August 19, 1981 MACC unanimously elects to select Storer-Metro as the recommended franchisee; directs draft franchise agree- ment be prepared. September 16, 1981 MACC establishes franchise negotiation team - Dan Durig, City Manager of Forest Grove, designated chief negotia- tor. September 30, 1981 MACC adopts preliminary draft of franchise agreement; negotiating team charged and directed to commence . negotiations with Storer-Metro. October 7, 1981 Negotiations with Storer-Metro commence. October 29, 1981 Negotiations conclude successfully; team transmits recommended franchise language to MACC. November 10, 1981 Consultant to MACC strongly endorses actual language of franchise agreement (see attached letter) . November 18, 1981 MACC formally adopts final language of franchise agree- ment and transmits text of final document to each member jurisdiction for ratification in accord with local adoption procedures. December 1 , 1981 County Board of Commissioners announces intent to con- sider award of franchise to Storer-Metro Communications ; calls for public hearing to be held on December 15; directs that adequate notice of hearing be publicized; waives certain procedural requirements of County's Amended Cable Communications Plan; ratifies franchise adoption schedule. December 15, 1981 County conducts public hearing on the award of CATV franchise award to Storer-Metro; hearing closed: ( BOARD OF COMMISSIONERS DECIDES WHETHER OR NOT TO ) ( AWARD FRANCHISE TO STORER-METRO COMMUNICATIONS , INC. -- ) ( MACC NOTIFIED OF RESULTS. ) MCM:11 -25-81 Attachment TELECOM W,UNIC�',i-IGf�:S NIANAGEiAIENT CORE. y' 6380 Wilshire Boulevard Suite 808 Los Angeles, California 90048 (213) 6530810 o C" November 9 , 1981 BY Mr. Michael G. Dowsett City Attorney City of Beaverton 4950 S.W. Hall Blvd. Beaverton, Oregon 97005 Dear Mike: I have reviewed the third draft of the franchise agreement with Storer Metro that you sent me last week. In my opinion, it is an excellent agreement which not only incorporates all proposal commitments, but includes the ability to enforce those commitments with a range of appropriate penalties . I have no hesitation in endorsing fully this agreement to all members of MACC, and I believe it will result in a better cable system and more public benefits than could be achieved by any MACC community acting independently. Sincerely, CARL PILNICK President CP/k WASHINGTON COUNTY ADMINISTRATION BUILDING— 150 N. FIRST AVENUE HILLSBORO, OREGON 97123 (503) 648-8681 BOARD OF COMMISSIONERS ROOM als VIRGINIA DAGG.Chairman LYELL GARDNER,Vice Chairman JIM FISHER BONNIE L.HAYS LUCILLE WARREN November 17, 1981 The Honorable Jack Nelson Mayor, City of Beaverton and Chairman Metropolitan Area Communications Commission 4950 S.W. Hall Boulevard Beaverton, Oregon 97005 Dear Mayor Nelson: Because of the annual Association of Oregon Counties' convention in Pendleton this week, t will be unable to join with you and the other members of the Metropolitan Area Communications Commission (MACC) on November 18, 1981 . Nonetheless, I hope this letter will serve suf- ficient notice to the Commission and to you that it is Washington County's strong recommendation that the final language of Draft Number 3 of the proposed cable television franchise agreement with Storer-Metro Com- munications, Inc. be adopted and forwarded to each member jurisdiction for formal ratification as provided in the MACC Intergovernmental Co- operation Agreement as amended. Mr. Gregory Hathaway, Mr. Michael McCloskey and I have each carefully reviewed the provisions of Draft Number 3 and we conclude that that document embraces all of the agreements, compromises and commitments achieved by the MACC negotiating team i'n recent negotiations with Storer- Metro Communications. We accordingly endorse the draft agreement and add our affirmation to that already expressed by Mr. Carl Pilnick of Telecommunications Management and consultant to the Commission. Would you be kind enough to enter this letter into the formai record of MACC's November 18 meeting in Beaverton and register my affirmative vote on the draft franchise as noted above. As previously agreed, and assuming that the draft agreement is adopted by majority vote of MACC's member jurisdictions on Nover'er 18, we will proceed through our own formal franchise adoption process in the Board of Washington County Commissioners. Sin yours, 4iell B.- Gardner ce - Chairman Washington County Board of cc: Bd. Commissioners Commissioners and County Delegate Co. Administrator to the Metropolitan Area Mr. Hathaway Communications Commission Mr. McCloskey an equal opportunity employer II 1 IN THE BOARD OF COUNTY COMMISSIONERS 2 FOR WASHINGTON COUNTY, OREGON 3 In the Matter of Establishing a Schedule ) Regarding the Consideration of the ) RESOLUTION AND ORDER 4 Granting of a Franchise to Storer Metro ) Communications, Inc. , as Authorized By ) NO. 5 Section 5 of Ordinance No. 225, as ) Amended; and Amending Resolution and ) 6 Order Nos. 80-234-A an - 80-311. } 7 This matter having come on regularly before the Board at its 8 meeting of December 1, 1981; and 9 It appearing to the Board that it has previously entered into 10 an intergovernmental contract with certain incorporated cities 11 within Washington County, which is commonly referred to as the 12 Metropolitan Area Communications Commission (hereinafter referred 13 to as "MACC") , for the purpose of jointly providing a fully inter- 14 active, state-of-the-art community cable communications system for 15 the citizens of Washington County; and 16 It appearing to the Board that it delegated to MACC the authority 17 to solicit and receive proposals from any person, firm or organiza- 18 tion to provide the aforementioned CATV service; and Z 19 It appearing to the Board that two proposals were received by �^ 20 MACC and that after evaluation by MACC, inc_ludina a separate evalua- °m 21 z; tion by Washington County, MACC unanimously concluded that Storer- _z aW22 Metro Communications, Inc. (hereinafter referred to as "Storer-Metro") -i 23 presented the best proposal, and therefore, a franchise agreement WC z� 24 should be negotiated with said Company;o� p y; and O� Ll 25 It appearing to the Board that MACC designated a negotiation f 26 team to represent its interests in the negotiations with Storer-Metro Page 1 I and that said negotiations have been completed, and that MACC 2 has recommended to the Board that the franchise agreement hereby 3 attached and incorporated herein as Exhibit "A" be adopted by the 4 Board; and 5 It appearing to the Board that the aforementioned intergovern- 6 mental agreement provides that each participating jurisdiction of 7 MACC must individually adopt the aforementioned franchise agreement 8 as a condition of remaining affiliated formally with MACC; and 9 It appearing to the Board that Section 5 of Ordinance No. 225 , 10 as amended provides a procedure for the selection of a cable tele- I1 vision ("CATV") franchise for the unincorporated portion of Washington 12 County, and that any award of a franchise must be preceded by a 13 public hearing and compliance with other procedural requirements, 14 as follows: 15 1. Public notice published in a local newspaper of general 16 circulation in the County at least ten (10) days prior to the date 17 of the hearing; and 18 2. All applicants shall be notified by mail of the date of z 19 the public hearing; and 0� 20 It appearing to the Board that Resolution and Order Nos . z� 21 80-234-A and 80-311, which adopted the County' s cable communications z Nu 22 plan, provides for a procedure for the granting of a franchise, ,and QW -i 23 that for the purpose of tie Board's consideration of the proposed UJM za 24 franchise as recommended by MACC, that said procedures and cable OJ OJ >-=25 television plan are not applicable in this particular instance; and D 26 the Board being fully advised in the premises; it is therefore 0 v _ Pages 2 1 RESOLVED AND ORDERED that the proposed 15 year non-exclusive 2 cable television franchise agreement between Washington County and 3 Storer-Metro, and as recommended by MACC, be considered by the 4 Board at a public hearing on Tuesday, December 15, 1981, at 1: 00 5 p.m. , and that all procedural requirements of Section 5 of 6 Ordinance No. 225 , as amended, be complied with and in accord with 7 the schedule hereby attached and incorporated herein as Exhibit "B" ; 8 and it is further 9 RESOLVED AND ORDERED that Resolution and Order Nos . 80-234-A 10 and 80-311 are hereby amended to allow the Board to consider the 11 granting of a franchise to Storer-Metro pursuant to the procedural 12 requirements of Section 5 of Crdinance No. 225 , as amended, and 13 that the Washington County Cable Communications Plan is not applicable 14 to the Board' s consideration or selection of a franchise in this 15 particular instance. 16 DATED this 1st day of December, 1981. 17 18 BOARD OF COUNTY COMMISSIONERS >_ 19 FOR WASHINGTON COUNTY, OREGON z D a^ 20 zICHAIRMAN o- 21 c� ZZ No 22 amRECORDING SECRETARY 3g 23 J� W M zo 24 O_J �= 25 } 26 Page 3 R. ZUUBIT - B WASHINGTON COUNTY, OREGCN Schedule for Adoption of Cable Television Franchise Agreement With SIORER-MEM CCt'.gUl MCATIONS, INC. DAY, DATE and TIME EVEMr Tuesday, December 1 10 a.m. Board adopts Resolution and Order setting Public Hearing date; directing notice of Hearing to be published; waiving certain procedural requirements of Amended Cable Communications Plan; and ratifying adoption schedule. Tuesday, December 1 - Saturday, December 5 - - - Notice of Public Hearing published in local news- papers of general circulation. Tuesday, December 8 8 : 3 0 Board Worksession to provide overview of pending MACC CATV franchise; discuss franchise adoption process and subsequent Board actions. Tuesday, December 8 5 P.M. Board's agenda for December 15 meeting pursuant to County Administrator's policy is finalized; public hearing date posted. Tuesday, December 15 1 P.M. Board of Commissioners conducts Public Hearing on franchise award to Storer-:Metro CcxnTuni- cations, Inc. ; receives all relevant testimony; Hearing closed; discussion and consid- eration: ( BOARD OF COITMISSIONERS DECIDES I1'fiMIM OR NOT TO ) ( AWARD A NON-EXCLUSIVE, 15-YE_4R REVOCABLE CABLE ) ( TELEVISION FRANCHISE TO STORER ,'EEI O OONMUNICA- ) ( TIONS, INC. ) C Page 2 WASHINGTON COUNTY, OREGON Schedule for Adoption of Cable Television Franchise Agreement With SDORER-METlO C YMM-ICATIONS, INC. Wednesday, December 16 5 p.m. ?AACC Chairman notified informally of Board's decision relative to franchise award: 1. If positive, Board adopts R & O ratifying franchise and Chairman executes four (4) copies of franchise agreement By Wednesday, January 6 1 P.M. R & O PLUS THREE (3) DULY EXECUTED FRANCHISE AGREE IMINTS DELIVERED TO AIACC. 2. If negative, Washington County withdraws from AIACC and adopts R & O effecting that action. MC:t4:crm November 24, 1981 WASHINGTON COUNTY inter—Department Correspondence RECEIVED DEC 81981 Date November 3, 1981 To Board of Commissioners (Information Only) From Michael C. McCloskey, Senior Management Analyst . �• Subject Cable Television: Completion of Negotiations with Storer-Metro 1 am very pleased to inform your Board that franchise negotiations with Storer-Metro Communications were completed last Thursday, October 29. A copy of the "engrossed" franchise agreement is attached for your in- formation and reference. I believe it is safe to say that, while always cordial, the negotiation sessions themselves were nonetheless very Intense. At the outset there were some 40 areas of"non-agreement" in the first draft of the franchise document. At the close of last Thursday's session all issues were resolved and the enclosed Draft 13 embraces all of the agreements--and compromises-- on both sides. Let me now quickly summarize the remaining events through to actual start-up of construction of the cable system: November 10: Written report on Draft #3 of franchise due from MACC consultant, Mr. Carl Pilnick; MACC members and Storer-Metro complete individual reviews of Draft. Any inconsistencies, errors or ommissions corrected in the Draft. November 18: MACC meets to formally adopt the franchise. by January 1: Individual MACC Jurisdictions adopt the franchise in accord with local procedures. January 6: MACC reconvenes to accept adopted franchise from each jurisdiction; clock starts running for Storer- Metro to submit formal construction schedule to MACC--due within 30 days. by February 6:Storer-Metro submits construction schedule and accepts franchise; files acceptance with Recorder/ Clerk in each MACC jurisdiction; MACC accepts con- struction schedule and formal effective date of the franchise is established; we are then 'off-and- running." Within a few days I will have a formal schedule for our own franchise adoption process for your review. Attachment cc: County Administrator; County Counsel CHRONOLOGY OF CABLE TELEVISION FRANCHISE EVENTS Evolution of the Metropolitan Area Communications Commission (MACC) and Washington County's Involvement Date Event February 1980 Creation of MACC is proposed; Intergovernmental Agreement drafted; County membership is solicited. March 1980 Intergovernmental Agreement finalized. April 1980 County joins MACC by signing ;ntergovernmental Coopera- tion Agreement. April - August 1980 Community cable television, needs assessed in each MACC jurisdiction; community group needs determined; pre- liminary reliminary draft Request for Proposals (RFP) is prepared; consultant selection process initiated. September 3, 1980 MACC selects Mr. Carl Pilnick of Telecommunications Management Corporation, Los Angeles , to be the con- sultant to the Commission.. January & February 1981 RFP is finalized by MACC and consultant. February 4, 1981 MACC holds public hearing on final version of RFP. February 11 , 1981 Final changes, based on testimony received at the public hearing, are incorporated in the RFP. March 3, 1981 County, by formal action, elects to continue with MACC, subject to the withdrawal amendments incorporated in the original Intergovernmental Cooperation Agreement. March 4, 1981 MACC formally advertises RFP -- CATV proposals solicited. June 1 , 1981 Cable television proposals received pursuant to MACC RFP. June 15, 1981 Consultant and member jurisdictions begin proposal evaluation process following criteria incorporated in the RFP and based upon detailed guidelines provided by consultant. June 23, 1981 Board of Commissioners endorses proposal evaluation procedures recommended by the County Administrator's Office. June 29, 1981 County establishes 9-member in-house proposal evalua- tion team under chairmanship of Commissioner Gardner. MCM/11-25-81 - Continued Chronology of Cable Television Franchise Events - 2 Date Event July 15, 1981 County review team completes evaluation of proposals: Storer-Metro Communication's proposal unanimously judged to be superior. July 22, 1981 Proposal evaluations of each jurisdiction, plus that of the consultant, are made public for the first time; Commissioner Gardner apprises the MACC of the County's evaluation of proposals received. August 12, 1981 MACC holds public hearing on CATV evaluations received from consultant and member jurisdictions. August 19, 1981 MACC unanimously elects to select Storer-Metro as the recommended franchisee; directs draft franchise agree- ment be prepared. September 16, 1981 MACC establishes franchise negotiation team - Dan Durig, City Manager of Forest Grove, designated chief negotia- tor. September 30, 1981 MACC adopts preliminary draft of franchise agreement; negotiating team charged and directed to commence negotiations with Storer-Metro. October 7, 1981 Negotiations with Storer-Metro commence. October 29, 1981 Negotiations conclude successfully; team transmits recommended franchise language to MACC. November 10, 1981 Consultant to MACC strongly endorses actual language of franchise agreement (see attached letter) . November 18, 1981 MACC formally adopts final language of franchise agree- ment and transmits text of final document to each member jurisdiction for ratification in accord with local adoption procedures. December 1 , 1981 County Board of Commissioners announces intent to con- sider award of franchise to Storer-Metro Communications; calls for public hearing to be held on December 15; directs that adequate notice of hearing be publicized; waives certain procedural requirements of County's Amended Cable Communications Plan; ratifies franchise adoption schedule. December 15, 1981 County conducts public hearing on the award of CATV franchise award to Storer-Metro; hearing closed: ( BOARD OF COMMISSIONERS DECIDES WHETHER OR NOT 70 ) ( AWARD FRANCHISE TO STORER-METRO COMMUNICATIONS, INC. -- ) ( MACC NOTIFIED OF RESULTS. ) MCM:11-25-81 Attachment -4/r WASHINGTON COUNTY ADMINISTRATION BUILDING—150 N. FIRST AVENUE HILLSBORO, OREGON 47123 1503) 646-8631 BOARD OF COMMISSIONERS ROOM 418 VIRGINIA DAGG,Chairman LYELL GARDNER,Vice Chairman JIM FISHER BONNIE L.HAYS November 17, 1981 LUCILLE WARREN The Honorable Jack Nelson Mayor, City of Beaverton and Chairman Metropolitan Area Communications Commission 4950 S.W. Hall Boulevard Beaverton, Oregon 97005 Dear Mayor Nelson: Because of the annual Association of Oregon Counties' convention in Pendleton this week, i will be unable to Join with you and the other members of the Metropolitan Area Communications Commission (MACC) on November 18, 1981 . Nonetheless, 1 hope this letter will serve suf- ficient notice to the Commission and to you that it is Washington County's strong recommendation that the final language of Draft Number 3 of the proposed cable television franchise agreement with Storer-Metro Com- munications, Inc. be adopted and forwarded to each member jurisdiction for formal ratification as provided in the MACC Intergovernmental Co- operation Agreement 3s amended. Mr. Gregory Hathaway, Mr. Michael McCloskey and I have each carefully reviewed the provisions of Draft Number 3 and we conclude that that document embraces all of the agreements, compromises and commitments achieved by the MACC negotiating team in recent negotiations with Storer- Metro Communications. We accordingly endorse the draft agreement and add our affirmation to that already expressed by Mr. Carl Pilnick of Telecommunications Management and consultant to the Commission. Would you be kind enough to enter this letter into the formal record of MACC's November 18 meeting in Beaverton and register my affirmative vote on the drafi franchise as noted above. As previously agreed, and assuming that the draft agreement is adopted by majority vote of MACC's member jurisdictions on November 18, we will proceed through our own formal franchise adoption process in the Board of Washington County Commissioners. Sin yours, 4iell B. Gardner ce - Chairman Washington County Board of cc: Bd. Commissioners Commissioners and County Delegate Co. Administrator to the Metropolitan Area Mr. Hathaway Communications Commission Mr. McCloskey an equal opportunity employes J TELECOMMUNICATIONS MANAGEMENT CORP. t 6380 Wilshire Boulevard Suite 808 Los Angeles,California 90048 (213) 653.0810 Vb ji; November 9 , 1981 iL �J L-u u-L� L BY. Mr. Michael G. Dowsett City Attorney City of Beaverton 4950 S.W. Hall Blvd. Beaverton, Oregon 97005 Dear Mike: I have reviewed the third draft of the franchise agreement with Storer Metro that you sent me last week. In my opinion, it is an excellent agreement which not only incorporates all proposal commitments, but includes the ability to enforce those commitments with a range of appropriate penalties . I have no hesitation in endorsing fully this agreement to all members of MACC, and I believe it will result in a better cable system and more public benefits than could be achieved by any MACC community acting independently. Sincerely, CARL PILNICK President CP/k Memorandum TO : Library Board FROM: City Librarian� '�2� SUBJECT: Cable TV Franchise DATE ; December 7 , 1981 On December 21 , 1981 the Tigard City Council will be considering whether or not to endorse the MACC proposal for a countyside franchise for cable television. The City Council has requested that the Tigard Library Board present a statement on this matter. As your City Librarian, I urge support for MACC and a-.countywide cable franchise . The libraries ire the county worked for two years with MACC and gave input for features and considerations which would be most useful in the continued development of countywide library services . These primary concerns are : I . Widest geographic cable service economically possible . 2 . No charge for installation and basic service . 3 . Development of new services . Communication between the libraries is our life line . We pay for long distance telephone calls , provide daily courier service , and share reference and information sources . We combine staff training, conduct WCCLS general business and provide outreach service . As you know, we plan to automate circulation and card catalog functions . A countywide system with free data transmission lines and interactive cable services will answer these concerns and substantially cut operating costs . If I4ACC does not get Tigard ' s support , the alternative is greater costs and less reliability in dealing with multiple telephone companies in the county. The franchise with Storer Metro will give libraries access to studios where library oriented programs , such as staff training and children ' s story hours , can be broadcast countywide . There will be free hook-ups and free subscriptions for the basic level of services . There is a research and development grant program that will enable us to develope other communication capabilities , such as infor- mation and referral and job line. We are planning for the day when library users , from their own homes , can turn on the TV, see if a book is in the county, where it is , whether it 's on the shelf, place a reserve to pick it up or order it by mail and have it sent directly. ` TPL - DRAFT - Cable TV Franchise - 2 In addition, the franchise offers to place Plato Learning Centers in each of six city libraries . Tigard would be among those if it so chooses . It is an exciting educational service worth over $ 150 ,000 which we could never afford individually. The Plato terminals will also be able function as electronic mail for messages and interlibrary loan, reducing substantially staff time spent filling out forms and phoning. "€o conclude : The MACC franchise offers a countywide service which is vital to the library system, today and tomorrow. It is more generous in direct help to libraries in carrying out basic services as well as developing new ones . f 0¢TI..�np CIN OF Mildred A. Schwab, Commissioner Z PORTLAND, OREGON 1220sW."5th t Portland, OR 97204 las. OFFICE OF CABLE COMMUNICATIONS (503) 248.5585 November 17, 1981 RECEIVED INflV 1 9 1 : Bob J�-an City Administrator City of Tigard P. O. Box 23397 Tigard, OR 97223 Dear Mr. Jean: You requested me to provide you any sections of our franchises with Liberty and Cablesystems Pacific cable companies that relate to interconnect requirements. I have enclosed Section 9. 1 of the Cablesystems Pacific franchise. This section requires the company to interconnect its community access channels with Liberty's and, to the extent feasible, with other community access channels within the boundaries of the Metropolitan Service District. The only other interconnect requirement for Cablesystems Pacific involves the City' s municipal cable system, which operates only within the Portland City Limits. Because it was developed prior to the emergence of metropolitan interconnect concepts, Liberty's Portland franchise has no such requirements. For that reason I have not included Liberty's fran- chise, but I will be happy to send you one if you wish to be fami- liar with its other provisions. Cordially, Donald G. Weidner Director, Office of Cable Communications DGW/cns Encl. cc: Commissioner Schwab, City of Portland Frank Nuessle, Cablesystems PaciF-_c Rob Corrao, Liberty Mayor Jack Nelson, Beaverton Yvonne Addington , Tualatin (a) The Technical Standards set out at Section 9 of the Proposal. (b) System Maintenance as set out at Section 10 of the Proposal. Section 9. REGULATORY PROVISIONS 9.1 Interconnection. (a) The Grantee shall participate in a mutual interconnection of community access channels and, to the extent feasible, of any other channels dedicated to community programming, with the Westside cable communications system of Liberty Communications, Inc. at a place and using a signal format, channel assignments, equipment, maintenance practices, and cost sharing as mutually agreed upon between the Grantee and Liberty Communications, Inc. In the event the Grantee and Liberty Communications, Inc. are not able to reach a complete agreement, then the City Council by resolution may require the Grantee to make such offer for interconnection to Liberty Communications, Inc. as the Council deems fair and equitable. (b) (1 ) . The Grantee shall provide bidirectional interconnection with the Grantor-owned cable system at the head-end, presently located at the Fire Bureau's production studio, for the equivalent of a total of four upstream and four downstream six megahertz video channels. (2) The technical specifications provided for interconnection with the Liberty Communications, Inc. system, on pages 8-2 and 8-3 of the Proposal, shall apply to interconnection with the Grantor-owned system as well. In addition, the grantee's input of video baseband signals at the City's head-end level shall meet 5 ohm liNne) standards of one volt peak top pe and audio of 0 dBm level at 600 ohms. The Grantee shall meet the same video and audio baseband specifications in the input to their system of outbound signals from the Grantor's system. (3) The interconnect arrangement between the Grantee's and the Grantor's systems shall provide for bidirectional interconnect with, as a minimum, the Government Services Channel, the Community Educational Services Channels, the Senior Citizen's Channel, and the Portland City TV Channel, through a Grantee-provided switching arrangement. (4) Interconnection of the two systems shall include the capability for all Grantor agencies to subscribe to I. Page No. 16 { interactive security, alert/alarm, and energy management services. (5) The Grantee shall provide, when required by the City, the necessary system head-end equipment, at the Grantee's and the Grantor's head-ends, to accomwa date interconnection with the various interactive, bi-directional, and one-way Grantor data transfer, facsimile transfer, video conferencing, audio, and telemetry circuits as may be carried on the system. (6) Where the Grantee's equipment or system failures affect critical Grantor circuits such as those dealing with public safety and security, the Grantee will repair those failures immediately, with the repairs taking precedence over the Grantee's subscriber service repairs. (7) Any of the requirements within this section may be met by alternative arrangements by Grantee, at the sole approval of the Grantor. (c) The Grantee shall participate in the interconnection of its oo munity access channels and, to the extent feasible, of any other channels dedicated to Community r . � y p ogramming, with other cable canmunications systems located within the boundaries of the Metropolitan Service District, at places and using signal formats, channel assignments, equipment, maintenance practices, and cost sharing as mutually agreed upon between the Grantee and the interconnecting systems, and in accordance with Section 8 of the Proposal. (d) The Grantor may regulate any intrastate interconnection of interactive servic:.s between th` Grantee's system and eny other system to the extent that such interconnection has a substantial effect on the Grantee's subscribers or the Grantor. (e) The Grantee's interconnections with Liberty Communications, Inc. and the Portland Fire Bureau systems, w the ex teilt technically feasible, shall include interconnections for purposes of emergency alert/audio and video override. 9.T----Riena1ties for Delay in Construction. The Grantor may, its sole tion, avpl_v any one or more of the followtl connection with dela*s.,,in system construction: (a) Impose a penal t f up to $100 ay for each mile of cable not completed within 't15._ of the scheduled completion date. (b) Impose a ty of up to $1000 a day -r-.each day in excess - of thi days that any major facility is no -catnoleted as Page No. 17 i • � �'-rpt: Liberty Cable 'television A DIVISION OF LIBERTY COMMUNICATIONS,INC. 025 S.W.Sherman P.O.Box 8677-Portland,Oregon 97207 5031225.1984 December 2, 1981 Reference: RCC-407 The Honorable Wilbur Bishop, Mayor Council Members City of Tigard p.0. Box 23397 Tigard, OR 97223 Dear Mayor Bishop and Council Members: On November 19, in a discussion with officials frau the City of Lake Oswego, Liberty eam►itted to prepare a proposal by the first week in December for a 15-year extension of our existing franchise within that city. As you are aware, Lake Oswego is a menber of the MACC, and as such, was addressed by both Liberty and Storer Metro in their respective proposals. Men those proposals were submitted, both canpanies independently cannitted not to overbuild the entertainment cable systems currently operational in each other's respective territories: Lake Oswego and eastern Washington County, served by Liberty, and the Aloha area, served by Metro West. Each eanpany, however, submitted plans to construct an institutional network in the other catpany's area. Recently, Storer Metro has decided to overbuild Liberty's entertainment system in Lake Oswego as well as construct an institutional network -- in contradic- tion to their earlier eanmztment. This action, which will lead to a situation viewed throughout the cable industry as unnecessarily costly and environmentally destructive, is a direct threat to our as yet unrecovered $1.5 million invest- dent in the Lake Oswego cable system. The seriousness of this situation requires that all our resources be devoted to the preparation of the Lake Oswego proposal, which must take precedence over providing a more detailed proposal for your canmmity at this time. Our intention was to prepare the detailed proposal in sufficient time for your review before the MACC imposed deadline of January 6, 1982. Until resolution of the situation in Lake Oswego is obtained, we simply cannot divert our atten- tion. However, you should know that once we have a resolution we could provide the proposal within 60 days. Ub have reluctantly cane to this decision, for we believe there are excellent reasons for your city to consider Liberty as its cable system franchisee, and would hope that you agree. We are deeply disappointed that the MAOC process Pi Mayor Bishop Council Members Uecenber 2, 1981 page two and decisions have so far prevented each ccuammity from having the opportuniry to fully explore the advantages of any alternatives to a MN=-controlled cable system. We truly appreciate your interest, and hope that you will continae to consider Liberty as an alternative. Sincerely yours, LIBERTY CABLE TELEVISICN _ C. Corrao Vice President and General Manager RUC/dg c December 10, 1981 MEMORANDUM To: City Administrator From: Chief of Police Subject: Ordinance Amendment — Re: Public Indecency Sir: This ordinance amendment arises out of a concern of the Municipal Judge and City Prosecutor; relative to the following: 1. A Class C Misdemeanor may be excessive for Section (b) of the Ordinance, ie. Class C Misdemeanor = $250 fine/30 days Jail. 2. The prosecution costs as a crime may be excessive, the Class C Misdemeanor Crime may generatc trials requiring the City Prosecutor, Juries, etc. It is therefore recommended that section (d) of the Ordinance be amended to a violation and the maximum fine be limited to $250 dollars. I have confered with the Municipal Judge relative to this recommendation and he is in agreement. Respectfully, R�' B<dams Chief of Police RBA:lw #16 t MEMORANDUM TO: CITY COUNCIL FROM: PUBLIC WORKS DIRECTOR SUBJECT: NORTHWEST AREA L.I.D. 135th - 130th - Walnut DATE: DECEMBER 10, 1981 The Council received a petition from adjacent property owners several weeks ago asking for a feasibility study for the improvement of SW 135th, SW 130th, SW Walnut and Scholls Ferry Road. An informal meeting was held on Thursday October 29, 1981 at Fowler Junior High. Approximately 35 people attended. Presentations were made by the County Staff, City Staff, O.D.O.T. Staff, a Consulting Engineer and a Traffic Engineer. Washington County would administer the projects through its L.I.D. process, which was explained to the group. From this meeting the County Staff and City Staff felt that the feasibility study was timely and appropriate. A scope of the study was discussed. It was felt that a cost of $21,500 evenly split between the County and the City would be appropriate for such a study. If the project proceeded to construction the cost of the feasibility study would be assessed against the project. If not the information would be valuable for any future development and would be paid from our SDC for extra capacity streets. I would recommend that the City Council authorize the feasibility study and the expenditure of $9,500. from the SDC Fund to hire Ginther Engineering to do the work as described in an agreement with Washington County and the City of Tigard. i GINTHER ENGINEERING, INC. SUITE 276 3800 S.W.CEDAR HILLS BOULEVARD ENGINEERS / PLANNERS / SURVEYORS BEAVERTON.OREGON 97005 (503)643-5475 December 8, 1981 Frank Currie Larry Rice Director of Public Works Director of Public Works City of Tigard Washington County P.O. Box 23397 150 N. First Avenue Tigard; OR 47223 Hillsboro, OR 97123 Jerry Morse Manager, Engineering Division Washington County 150 N. First Avenue Hillsboro, OR 97123 Gentlemen: Enclosed are copies of the proposed Work Program for the 11135th, 130th, Walnut St . L.I .D. Feasibility Study", and a contract for its performance by Ginther Engineering, Inc. The Work Program is designed,, and the contract written, in the amount of $21,500.00. This amount is based upon the assumption the following funds will be available for the Study: City of Tigard $9 ,500.00 County of Washington 9,500.00 Private Contributions 2 ,500.00 $21,500.00 The $2,500.00 private contribution, which shall be fully credited to the respective contributors if the L.I .D. is formed, is based upon verbal commitments pursuant to written agreements from the following: Russell Krueger $1,000.00 Phil Mullard Amart Development Co. 1,000.00 Larry Feiner Penterra Corp. 500.00 $2 ,500.00 GINTHER ENGINEERING, INC. ENGINEERS / PLANNERS / SURVEYORS Page 2 As you know, we are anxious to begin the work as soon as possible. Please do not hesitate to call on us to assist you in any fashion you deem ��propriate to process the Study or the contract through your respective governmental bodies. It remains our goal to attempt to complete the process and begin construction in the next construction season. Gentlemen, much of my activity to date has been to help to weave a web of cooperation among the State, City, County, and Ginther Engineering to improve the welfare of all those who will be affected by this project. All of us at Ginther Engineering are fully cognizant of our firm's responsibilities in maintaining the strength of this fabric of coordination throughout the term of this project. Sincerely, Marvin Price Research and Program Development srs LANDIS, AEBI & BAILEY, P. C. LAWYERS 1516 GEORGIA-PACIFIC BUILDING PORTLAND, OREGON 9 72 04-1276 DAVID C.LANDIS TELEPHONE(503)224-5532 FRED M.AEBI JOE D.BAILEY JOHN C.MERCER December 7, 1981 JAMES M.CALLAHAN ANNA M.MORAN DAVID R.FOSTER { J Mr. Bob Jean City Administrator City of Tigard P. O. Box 23397 Tigard, OR 97223 Dear Bob: RE: City of Tigard v. J. A. Paterson and Leron Heights Interceptor, Inc. Washington County Circuit Court No. 42-368 Our file: 12,836-41 The defendants ` lawyer has finally filed his answer, and I have filed a reply, and I have again asked the court to set the case for trial. My first request for a trial set- ting did not get a response from the court, but since Mr. Birnie had not filed his answer at that time that is not too surprising. My prediction now is that we will get a trial date in January. Very truly yours, o Bai J_ JDB/mr