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City Council Packet - 07/26/1982 71 r' TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on r REGULAR MEETING AGENDA an agenda item needs to sign their name on JULY 26, 1982, 7:30 P.M. the appropriate sign-up sheet(s). If no FOWLER JUNIOR HIGH SCHOOL sheet is provided, ask to be recognized by LECTURE ROOM the Chair. 1. REGULAR MEETING:. 1.1 Call To Order and Roll Call 1.2 Pledge of Allegiance 1.3 Call to Staff, Council, and Audience For Non-Agenda Items Under Open Agenda. j 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: June 21, 28, July 6, 12, 13, 1982 2.2 Approve Departmental Monthly Reports s 2.3 Approve Resolution No. 82-76 Declaring Surplus Property 2.4 Approve Scheduling City Council Workshop - Sunday 8-29-82 - 1:00 P.M. 2.5 Receive and File Sign Code Report 2.6 Ratify Planning Commission Appoints to NPO #5, #6, & #7. 2.7 Authorize Agreement with Oregon Dental Service - effective 8-1-82 2.8 Refer Yohn Mobile Home Issue to Park Board Meeting of 8-5-82 2.9 Appointment of MACC Alternate 2.10 Receive and File Conditional Use Requirements & Enforcements Report I 2.11 Approve Resolution No. 82-77 Accepting Public Improvements - SW 70th i 2.12 Accept LID Sewer Connection Petition t 2.13 Water Committee and Appointments - Mayor Bishop and Councilor Brian 3. HECTOR'S NURSERY DISCUSSION • Discussion by Carl Hector 4. PRESENTATION OF KEYS TO CITY o Tigard Police Officer's Association, Kolleas, Carlisle 5. CIVIC CENTER COMMITTEE REPORT • City Administrator i 6. ZONE CHANGE ZCA 3-82 (Durham Island) NPO #5 & #6 A request by the City of Tigard to change the zoning on 238.64 acres located generally north of Durham, west of 74th, south of Bonita and east E of Hall Blvd. from Washington County RU-4 and MA-1 to City of Tigard zoning. • Continuation of Public Hearing from 7-12-82 Meeting • Staff Recommendation a 7. ZONE CHANGE ZCA 5-82 (Bechtold Annexation) NPO #3 a A request by the City of Tigard to change the zoning on property located generally west of 121st and north of Gaarde Street from Washington County to City of Tigard zoning. • Continuation of Public Hearing from 7-12-82 Meeting • Staff Recommendation (' t e r 8. ZONE cluANGE ZCA 7-82 (North Dakota Annexation) NPO #2 & #7 A request by the City of Tigard to change the zoning on 180 acres located generally east of 115th Avenue, west of Greenburg Road, north of Tigard Street, and south of North Dakota Street from Washington County to City of Tigard zoning. • Continuation of Public Hearing from 7-12-82 Meeting • Staff Recommendation 9. ZONE CHANGE ZCA 14-82 (Jean Annexation) NPO #7 A request by the City of Tigard to change the zoning on a .35 acre parcel located at 11950 SW Ann from Washington County RU-4 to City of Tigard zoning R-7, Single Family Residential. This property was recently annexed to the City of Tigard (Wash. Co. Tax Map 2S1 3BA, Tax Lot 103). e Public Hearing Opened e Summation by Planning Director • Public Testimony: Proponents, Opponents, Cross Examination • Recommendation of Planning Director • Public Hearing Closed • Consideration by Council o Ordinance No. 82- Adopting Zone Change 10. COMPREHENSIVE PLAN REVISION CPR 1-82 - NPO #1 A request by Marie Reiling for a revision to the City of Tigard's Comprehensive Plan map from multi-family to Main Street Commercial and for a zone change from A-12 to C-3M on property located at 12665 SW Hall Blvd. to locate a product testing lab. (Wash. Co. Tax Map 2S1 2AD, Tax Lots 700 & 800). • Public Hearing Opened t • Summation by Planning Director • Public Testimony: Proponents, Opponents, Cross Examination • Recommendation of Planning Director • Public Hearing Closed • Consideration by Council • Ordinance No. 82- Adopting CPR & ZC 11. COMPREHENSIVE PLAN REVISION CPR 2-82 - NPO #3 A request by Dick Milligan for a Comprehensive Plan Revision from multi-family to General Commercial on property located at 9960 SW Walnut Street to operate an antique store. (Wash. Co. Tax Map 2S1 12BD, Tax Lot 2200). • Public Hearing Opened • Summation by Planning Director • Public Testimony: Proponents, Opponents, Cross Examination • Recommendation of Planning Director • Public Hearing Closed • Consideration by Council • Ordinance No. 82- Adopting CPR & ZC 12. ORDINANCE No. 82- An Ordinance Ratifying 74th Avenue LID • Recommendation of Director of Public Works 13. ORDINANCE No. 82- An Ordinance Ratifying McKenzie Street LID • Recommendation of Director of Public Works PAGE 2 - COUNCIL AGENDA - JULY 26, 1982 14. ANGELYN SUBDIVISION VACATION PUBLIC HEARING • Public Hearing Opened • Summation by Director of Public Works • Public Testimony: Proponents, Opponents, Cross Examination • Recommendation of Director of Public Works • Public Hearing Closed • Consideration by Council • Ordinance No. 82- Adopting Subdivision Vacation 15. TCYS ANNUAL REPORT :RDINANCE Presentation by Bill Knudsen 16. No. 82- An Ordinance Authorizing Bond Sale 0 Recommendation of Finance Director 17. CHARTER AMENDMENTS DISCUSSION • Discussion by Staff 18. MAIN STREET DEVELOPMENT LID PETITION & SDR (TRANSPORTATION) REPORT • Planning Director 19. TURA ELECTION DISCUSSION s City Administrator 20. 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. 21. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under ORS 192.660 (1)(f) to consider pending litigation matters. 22. ADJOURNMENT PAGE 3 - COUNCIL AGENDA - JULY 26, 1982 T I G A R D C I T Y C 0 U N C I L t` REGULAR MEETING MINUTES - JULY 26, 1982 - 7:30 P.M. 1. ROLL CALL: Present: Mayor Wilbur Bishop; Councilors John Cook, Kenneth Scheckla, Nancie Stimler; Director of Public Works/Planning Director, Frank Currie; Finance Director/City Recorder, Doris Hartig; City Administrator, Bob Jean; Legal Counsel, Ed Sullivan; Office Manager, Loreen Wilson. 2. CALL TO STAFF, COUNCIL AND AUDIENCE FOR NON-AGENDA ITEMS UNDER OPEN AGENDA. (a) City Administrator added the following items to open agenda: 20.1 Comp Plan Revision Ordinance 20.2 72nd Avenue Easements Dedications j 20.3 Public Works Agreements and Contracts 20.4 Police Department Proposal for K-9 Program t (b) Mayor Bishop requested the following be added to open agenda: 20.5 Announcement of Tigard's 21st Birthday 3. APPROVE THE MINUTES: June 21, 28, July 6, 12, 13, 1982 { (a) Councilor Stimler requested June 21st minutes be corrected on Page 9, Item # 27 to indicate who made and seconded the motion. Minutes show Councilor Cook both making and seconding the motion. Staff was directed to listen to the tape and correct the error. , i (b) Councilor Stimler asked that the June 28, 1982 minutes be clarified E on Page 4 Item # 10 as requested by Mrs. Ball. (See Mrs. Ball's letter attached.) (c) Mayor Bishop requested July 12, 1982 minutes be corrected on Page 10 Item # 23(f) by showing that the motion adopted the Public Works Director's recommendation with the exception that all sidewalks were } to be 5 feet in width with no variation. 4 (d) Motion by Councilor Stimler, seconded by Councilor Scheckla to approve as amended. Approved by unanimous vote of Council present. i 4. APPROVE DEPARTMENTAL MONTHLY REPORTS Building, Finance, Library, Municipal Court, Police, OLCC Applications, MACC/Cable TV, Public Works Status Reports, 72nd Avenue Assessment Report, Comp Plan Map Report (a) Motion by Councilor Stimler, seconded by Councilor Scheckla to receive and file. 41 Approved by unanimous vote of Council present. 5. RESOLUTION No. 82-7 A RESOLUTION OF THE TIGARD CITY COUNCIL DECLARING SURPLUS MATERIALS TO BE SOLD AT PUBLIC AUCTION. (a) Motion by Councilor Stimler, seconded by Councilor Scheckla to approve. Approved by unanimous vote of Council present. 6. APPROVE SCHEDULING CITY COUNCIL WORKSHOP - Sunday - August 29, 1982 - 1:00 P.M. (a) Motion by Councilor Stimler, seconded by Councilor Scheckla to approve. Approved by unanimous vote of Council present. 7. RECEIVE AND FILE SIGN CODE REPORT (a) Motion by Councilor Stimler, seconded by Councilor Scheckla to receive and file. Approved by unanimous vote of Council present. 8. Ratify Planning Commission appoints to NPO #5, #6, & #7. NPO #5 - John Schwartz, Craig Hopkins, John Logsdon NPO #6 - Loren Tower, Eunice Day NPO #7 - Barbara Priest, Nancy Robbins (a) Motion by Councilor Stimler, seconded by Councilor Scheckla to ratify appointments. Approved by unanimous vote of Council present. 9. AUTHORIZE AGREEMENT WITH OREGON DENTAL SERVICE - Effective 8-1-82 (a) Motion by Councilor Stimler, seconded by Councilor Scheckla to authorize the City Recorder to enter into an agreement with ODS commencing August 1, 1982 and subject to the $10.34/$17.80/$31.01 rates for dental coverage. Approved by unanimous vote of Council present. 10. REFER YOHN MOBILE HOME ISSUE TO PARK BOARD MEETING OF 8-5-82 (a) Motion by Councilor Stimler, seconded by Councilor Scheckla to refer the Yohn Mobile Home Issue to the Park Board meeting of 8-5-82. Approved by unanimous vote of Council present. 11. APPOINT MACC ALTERNATE (a) Motion by Councilor Stimler, seconded by Councilor Scheckla to appoint Joy Martin as 1st alternate and Mayor Bishop as second alternate as the MACC Representative for the City of Tigard. Approved by unanimous vote of Council present. PAGE 2 - COUNCIL MINUTES - JULY 26, 1982 12. RECEIVE AND FILE CONDITIONAL USE REQUIREMENTS & ENFORCEMENTS REPORT (a) Motion by Councilor Stimler, sec -, :ded by Councilor Scheckla to receive and file report. Approved by unanimous vote of Council present. 13. RESOLUTION No. 82-77 RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE PUBLIC STREET IMPROVEMENTS KNOWN AS SW 70TH AVENUE, SOUTHERLY OF SW HAMPTON STREET. t (a) Motion by Councilor Stimler, seconded by Councilor Scheckla to approve. I Approved by unanimous vote of Council present. 14. ACCEPT LID SEWER CONNECTION PETITION - 103rd and McDonald Street (a) Motion by Councilor Stimler, seconded by Councilor Scheckla to accept if Mayor can poll Council by August 1, 1982 with more information. Approved by unanimous vote of Council present. 15. WATER COMMITTEE REPORT (a) Motion by Councilor Stimler, seconded by Councilor Scheckla to receive and file report and request appointments to Committee be made i on August 2, 1982. Approved by unanimous vote of Council present. 16. HECTOR'S NURSERY DISCUSSION (a) Mr. Carl Hector, owner of Hector's Nursery on SW Pacific Highway, discussed at some length problems with the Sign Code enforcement in the City of Tigard. Particularly the sign on the corner of SW Naeve Road and Pacific Highway was discussed which advertises a sale at Law's Nursery. a After further discussion between Council, Staff and Mr. Hector, Councilor Stimler requested that staff remove the Law's Nursery sign if it is in the right-of-way. Councilor Stimler then asked Legal z Counsel what the City could do to enforce, more effectively, the sign code. Legal Counsel reported that an ordinance is on the books which could be enforced by issuing citations for each day an illegal sign is up. He also noted that it would be expensive for the City to do this. I I City Administrator noted that staff would pursue the Law's Nursery sign further and would take the appropriate action. PAGE 3 - COUNCIL MINUTES - JULY 26, 1982 i 17. PRESENTATION OF KEYS TO THE CITY (a) Mayor Bishop stated there were keys to the City to be presented to the Tigard Police Officer's Association for their help with plav equipment for Cook Park and a Pool Table for the Senior Center; Geri Kolleas as an out-going Planning Commissioner; and Jean Carlisle as an out-going Library Board Member. None of these people were present to receive the keys. Staff was instructed to deliver. 18. ZONE CHANGE ZCA 3-82 (Durham Island) NPO #5 & #6 A request by the City of Tigard to change the zoning on 238.64 acres located generally north of Durham, west of 74th, south of Bonita and east of Hall Blvd. from Washington County RU-4 and MA-1 to City of Tigard zoning. (a) Public Hearing Continued from 7-12-82 Meeting (b) City Administrator reported that staff has studied the issue of conflict of zoning and comprehensive plan maps. He suggested that since the Comprehensive Plan is now being made ready to file with LCDC that any changes in the Plan would best wait until October 25, 1982. He noted this would also give the property owners a chance to work with the NPO's and Planning Commission to resolve zoning issues. (c) No one appeared to speak. (d) Public Hearing Closed (e) Motion by Councilor Cook, seconded by Councilor Scheckla to table issue until November 8, 1982 Council meeting with property owners being renotified of hearing at that time. Approved by unanimous vote of Council present. 19. ZONE CHANGE ZCA 5-82 (Bechtold Annexation) NPO #3 A request by the City of Tigard to change the zoning on property located generally west of 121st and north of Gaarde Street from Washington County to City of Tigard zoning. (a) Public Hearing Continued from 7-12-82 Meeting (b) City Administrator reported that staff has studied the issi � of conflict of zoning and comprehensive plan maps. He suggested twat since the Comprehensive Plan is now being made ready to file with LCDC that any changes in the Plan would best wait until October 25, 1982. He noted this would also give the property owners a chance to work with the NPO and Planning Commission to resolve zoning issues. (c) Bob Bledsoe, NPO #3 Vice Chairman, stated that the NPO has voted to extend the hearing to October 25, 1982 as recommended by the City staff, or to approve the ZCA by the existing plan. (d) Public Hearing Closed PAGE 4 - COUNCIL MINUTES - JULY 26, 1982 (e) Motion by Councilor Cook, seconded by Councilor Scheckla to table Arl issue until November 8, 1982 Council meeting with property owners being renotified of hearing at that time. Approved by unanimous vote of Council present. 20. ZONE CHANGE ZCA 7-82 (North Dakota Annexation) NPO #2 & #7 A request by the City of Tigard to change the zoning on 180 acres located generally east of 115th Avenue, west of Greenburg Road, north of Tigard Street, and south of North Dakota Street from Washington County to City of Tigard zoning. (a) Public Hearing Continued from 7-12-82 Meeting (b) City Administrator reported that staff has studied the issue of conflict of zoning and comprehensive plan maps. He suggested that since the Comprehensive Plan is now being made ready to file with LCDC that any changes in the Plan would best wait until October 25, 1982. He noted this would also give the property owners a chance to work with the NPO's and Planning Commission to resolve zoning issues. (c) Mr. Wright, property owner of 10795 SW Cascade Avenue, stated he had talked to the property owners in the area and wanted to meet with staff to work out the issue. City Administrator stated that the City needed people in that area that were interested in being active on NPO #2- (d) Public Hearing Closed (e) Motion by Councilor Cook, seconded by Councilor Scheckla to table issue until November 8, 1982 Council meeting with property owners being renotified of hearing at that time. Approved by unanimous vote of Council present. 21. ZONE CHANGE ZCA 14-82 (Jean Annexation) NPO #7 A request by the City of Tigard to change the zoning on a .35 acre parcel located at 11950 SW Ann from Washington County RU-4 to City of Tigard zoning R-7, Single Family Residential. This property was recently annexed to the City of Tigard (Wash. Co. Tax Map 2S1 3BA, Tax Lot 103). (a) Public Hearing Opened (b) Planning Director stated this was a 1 lot annexation with the zoning changing from Washington County RU-4 to City of Tigard R-7. (c) Robert W. Jean, 11950 SW Ann Street, stated his support of the proposed rezoning. (d) Planning Director recommended approval. (e) Public Hearing Closed PAGE 5 - COUNCIL MINUTES - JULY 26, 1982 r (f) ORDINANCE NO. 82-36 AN ORDINANCE CHANGING THE ZONE OF LANDS ANNEXED BY THE BOUNDARY COMMISSION, ORDER No. 1844, 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 EFFECTIVE DATE. (g) notion by Councilor Stimler, seconded by Councilor Scheckla to adopt. Approved by unanimous vote of Council present. 22. COMPREHENSIVE PLAN REVISION CPR 1-82 - NPO #1 A request by Marie Reiling for a revision to the City of Tigard's Comprehensive Plan map from multi-family to Main Street Commercial and for a zone change from A-12 to C-3M on property located at 12665 SW Hall Blvd. to locate a product testing lab. (Wash. Co. Tax Map 2S1 2AD, Tax Lots 700 & 800). (a) Public Hearing Opened (b) Associate Planner Newton gave history of request noting that Planning Commission heard this issue and then sent to City Council. (c) PUBLIC TESTIMONY: Allan Paterson, representing Mrs. Reiling, requested Council approval. (d) Planning Director recommended approval. (e) Public Hearing Closed (f) ORDINANCE NO. 82-37 AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION FOR A COMPREHENSIVE PLAN REVISION TO THE 1974 NPO #1 PLAN MAP OF THE CITY OF TIGARD, AND A ZONE CHANGE, DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DATE. Marie Reiling. (g) Motion by Councilor Cook, seconded by Councilor Stimler to adopt. Approved by unanimous vote of Council present. 23. COMPREHENSIVE PLAN REVISION CPR 2-82 - NPO #3 A request by Dick Milligan for a Comprehensive Plan Revision from Multi-Family to General Commercial on property located at 9960 SW Walnut Street to operate an antique store. (Wash. Co. Tax Map 2S1 12BD, Tax Lot 2200). (a) Public Hearing Opened (b) Associate Planner Newton stated the area in question originally was asking for C-4 zoning, however, after the new Conditional Use standards were approved the staff recommended Planning Commission zone the area C-3. NPO #3 felt the use was appropriate but did not agree with the zoning designation. (c) PUBLIC TESTIMONY PAGE 6 - COUNCIL MINUTES - JULY 26, 1982 Bob Bledsoe, NPO #3 Vice Chairman, stated that NPO X63 recommended ,r. denying C-3 zoning since the C-4 seemed appropriate even though the rules have changed. They did not object to an antique store going in, just to the C-3 zoning designation. Councilor Stimler expressed concern that the C-3 zoning would allow other types of businesses in the area in the future and that they might not be appropriate for the area. She stated there was no objection to the antique store, just the zone. Ryan O'Brian, representative of owner Mr. Milligan, reviewed with the NPO his request, and he felt they had an agreement, Mr. Milligan wants to preserve the house which would be a good buffer between the business and residential parcels on each side. Mayor Bishop asked Legal Counsel if there was any way to limit the future uses of this piece of property. Legal Counsel reported that no property can be further limited as to what uses are allowed in the zone which has permitted and conditional uses set out in the code. Discussion followed regarding whether to remand the issue back to the Planning Commission. Mr. Milligan expressed concern with the time frame and financial restrictions this could put on him. (d) Motion by Councilor Stimler, seconded by Councilor Scheckla to continue the public hearing until August 16, 1982 and have applicant work with staff to address issues raised at this meeting. Approved by unanimous vote of Council present. 24. ANGELYNN SUBDIVISION VACATION PUBLIC HEARING (a) Public Hearing Opened (b) Associate Planner Newton stated that the Subdivision plat was filed and that a portion needed to be vacated. Property owners have filed the appropriate petition calling for the vacation hearing. (c) PUBLIC TESTIMONY On one appeared to speak. (d) Staff recommended approval (e) Public Hearing Closed (f) ORDINANCE NO. 82-38 AN ORDINANCE VACATING ANGELYNN SUBDIVISION, A PLAT OF RECORD, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. (g) Motion by Councilor Cook, seconded by Councilor Stimler to adopt. PAGE 7 - COUNCIL MINUTES - JULY 26, 1982 Approved by unanimous vote of Council present. (h) Councilor Stimler request staff submit new plat to Council for information when filed. RECESS: 9:00 P.M. RECONVENE: 9:21 P.M. 25. CIVIC CENTER COMMITTEE REPORT (a) City Administrator reported that the Committee still felt that the 20 year cost on the total cost basis was best, however, with economic situation, they were now looking at a 10 or 5 year time frame. (The attached report from the committee shows their recommendation.) Councilor Brian had asked City Administrator to suggest alternate No. VIII to the Council with all the City services in the Crow Building. I t City Administrator and Council discussed the various alternatives and ! how a ballot measure should be worded for the September election. i Councilor Scheckla stated the measure needed to be trimmed down. F i Councilor Stimler stated she supported option 8 at $2.7 million along with option 6 at $3.6 million. She stated that if there is enough support in the future for the Library, then it could be freestanding. Mayor Bishop stated that he agreed with Councilor Stimler and felt the vote on the Civic Center issue in June showed the people wanted k the center but not at such a high cost. (b) Motion by Councilor Cook, seconded by Councilor Stimler to direct staff to prepare resolution for August 16, 1982 meeting which would call for a September election with two measures. 1. $3.6 million/option #6 and 2. $2.7 million/option #8. Approved by unanimous vote of Council present. t (c) City Administrator requested Council authorize him to enter into an additional contract with Denis Brun, architect for the project, not to exceed $500.00 to do some financial planning updates for the new options. (d) Motion by Councilor Cook, seconded by Councilor Stimler, to allow up to $500.00 of additional architectural work. Approved by a 3-1 majority vote of Council present. Councilor Scheckla voting nay. 26. ORDINANCE NO. 82-39 AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTION OF THE CITY COUNCIL OF JUNE 21, 1982, WITH RESPECT TO SW 74TH AVENUE STREET IMPROVEMENT DISTRICT (LID #27); APPROVING, RATIFYING AND PAGE 8 - COUNCIL MINUTES - JULY 26, 1982 I ADOPTING PLANS, SPECIFICATIONS AND ESTIMATES FOR CONSTRUCTION OF SAID STREET IMPROVEMENT; DECLARING RESULTS OF HEARING HELD WITH RESPECT THERETO; DIRECTING SOLICITATION OF BIDS FOR CONSTRUCTION; PROVIDING FOR THE MAKING OF SAID IMPROVEMENTS, AND DECLARING AN EMERGENCY. (a) Motion by Councilor Stimler, seconded by Councilor Cook to adopt. Approved by unanimous vote of Council present. E 27. ORDINANCE NO. 82-40 AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTION OF THE TIGARD CITY COUNCIL OF JUNE 21, 1982, WITH RESPECT TO SW MC KENZIE STREET (STREET) IMPROVEMENT DISTRICT (LID #36); APPROVING, RATIFYING AND ADOPTING PLANS, SPECIFICATIONS AND ESTIMATES FOR CONSTRUCTION OF SAID STREET IMPROVEMENT; DECLARING RESULTS OF HEARING HELD WITH € RESPECT THERETO; DIRECTING SOLICITATION OF BIDS FOR CONSTRUCTION; PROVIDING FOR THE MAKING OF SAID } IMPROVEMENTS, SND DECLARING AN EMERGENCY. t (a) Motion by Councilor Stimler, seconded by Councilor Scheckla to adopt. (b) Mayor Bishop asked if the Highway Department had been contacted regarding the exit from 99W to McKenzie. t Director of Public Works reported that the Highway Department had reviewed the plans and approved them. (c) Councilor Cook asked when McDonald Street would be bid. Director of Public Works reported that there was a plat in the area s that staff was having problems with and at this time there was no estimate as to the time the project could be bid. Motion to adopt Ordinance approved by unanimous vote of Council t present. 28. TCYS ANNUAL REPORT (a) Bill Knudsen, Director of TCYS, presented the yearly report noting precarious fiscal position and stated that School District is becoming more supportive of TCYS. (b) Councilor Stimler stated the School District would be the most appropriate taxing base for the group and encouraged Mr. Knudsen to further study the possibility of getting some assistance from them in the future. (c) Councilor Scheckla expressed his disappointment in the recent newspaper article which stated that the TCYS Board had asked the press representatives to leave an executive session meeting. He asked that the Board think twice before allowing this to happen again. PAGE 9 - COUNCIL MINUTES - JULY 26, 1982 CE 29. ORDINANCE NO. 82-41 OBLIGATION N IMPROVEMENT INBONDSSSUAND E DECLARING ERAN EMERGENCY. (a) Finance Director/City Recorder requested that Council change the ordinance by making the bonds callable inrethe redinverse the sale and issuance. She noted that the prospectus is p P She also City- that this gives a good financial picture of the City- roved the stated that Legal Counsel and Bond Counsel have app prospectus. (b) Motion by Councilor Scheckla, seconded by Councilor Stimler to adopt as amended. Approved by unanimous vote of Council present. 30. RESOLUTION N0. 82- A RESOLUTION APPROVING AND REFERRING CERTAIN AMENDMENTS TO THE CHARTER OF TIGARD TO THE QUALIFIED VOTERS OF THE CITY OF TIGARD FOR THEIR APPROVAL OR REJECTION AT THE NOVEMBER 2, AND GENERAL ELECTION; CALLING THAT ELECTION; DER To DO NECECTING THE CITY SSARY AND CONVENIENT ETORCARRY OUT SUCH ALL (a) Legal Counsel stated hatsmme tingeasure e and wasadded items 4652 CouncilorBrian's need a request from the p debt to a specif is decision by Council whether to limit the City's Le al Counsel dollar amount or a percent of the true cash value. g ^. ested amendment and their ramifications- continued to explain each Sugg After lengthy discussion regarding the wordage and intent of ballot (b) roved the following rewordage of the measure 4653, the Council app measure. (first paragraph changed and set forth below)- MAYOR AN "Section 7. D COUNCIL. The elective officers of the city shall be a mayor and four councilors who together shall [councilmen] Council. Except for Mayor and constitute the City Councilors holding office on the effective date of the 1982 Charter Amendment, neither the mayor nor any council . 711 or shall serve the city in such position 'period of eight consecutive years, except that for a p g any councilor may serve as mayor not withstanding r shall eight ears service as councilor. The may be elected at each genera election and hold office for a period of two years. [There shall be elected in conjunction with the state-wide election in November, 1972, a candidate to the 19f7icj„ of mayor whose term shall begin on January 1, Consensus of Council was to have changes typed and presented to (c) a fixed Council on 8-16-82 for adoption with measure 4652 stating dollar amount (as shown in #52A). PAGE 10 - COUNCIL MINUTES - JULY 26, 1982 d� 31. MAIN STREET DEVELOPMENT LID PETITION & SDR (TRANSPORTATION) REPORT (a) Director of Public Works reported that a petition has been received from JB Bishop for a local improvement district for the public streets in the project on Main Street. The street improvements in the development are all part of either the collector street system as identified on the comprehensive street plan or are critical segments of the downtown circulation plan. For that reason, staff concluded that all the streets would meet the Council's requirements as an eligible LID project and recommended that the City further participate on the grading, paving and signal changes of SW Main and SW Pacific Highway on a 50/50 basis with the developer, providing, however, that no participation by the developer on any extra capacity street will be eligible for SDC rebate. (b) Councilor Stimler asked who would pay for the feasibility study. Director of Public Works noted the developer would. (c) Councilor Cook stated that it is the City's policy to not allow LID financing on single properties or developments of this type. City Administrator responded that since the area is for commercial and industrial development that would stimulate economic development, bancroft financing could possibly be well used in this area. (d) JB Bishop, Developer, stated that this LID would be for three property owners, not just one, and mentioned that City of Beaverton is currently allowing developers to use bancroft financing to allow for more economic development in area. (e) Lengthy discussion followed regarding the uses of bancroft funding and whether this development was appropriate for forming an LID. (f) Mayor Bishop stated that he would abstain, though there is no conflict of interest, the developer was a member of his family. (g) Motion by Councilor Cook, seconded by Councilor Stimler to approve 50/50 split of project costs on Main Street/Pacific Highway LID project and requested more information from staff in future on project. Approved by 3-0 majority vote of Council present. Mayor Bishop abstaining. MAYOR BISHOP LEFT MEETING: 11:15 P.M. President Cook took over chair. 32. TURA ELECTION DISCUSSION (a) City Administrator reported what impact the 1 1/2% limitation measure could have on the TURA measure if passed in November. He reported to PAGE 11 - COUNCIL MINUTES - JULY 26, 1982 Council that Councilor Brian has requested an ordinance be brought to Council for the meeting of August 16, 1982 which would call for an election in May of 1983 instead of November, 1982 as originally set forth in the ordinance of November 1981 forming TURA. The reasons given by Councilor Brian for this request was as follows: o Will give committee chance to study details of plan. o Will give new Planning Director, who has experience in tax incentive planning, to study and report with recommendations. o The impact of the 1 1/2% limit financing measure on the November, 1982 ballot would make this whole election a moot point if it is approved. M-yor Bishop returned to meeting: 11:18 P.M. Mayor Bishop took over chair position. City Administrator stated the other question for Council consideration was whether to send the tax increment authority question to the voters or to refer the TURA ordinance as a whole to the voters. (b) Councilor Scheckla expressed concern that if the City does not go for an election in November of 1982 it will loose credibility with the voters. (c) After lengthy discussion, consensus of Council was to put only the tax increment issue on the ballot. (d) City Administrator stated that the following items would be on the August 16th agenda: Ordinance calling for election in May, 1983; Resolution calling for tax increment issues only being sent to the voters in November, 1982. Consensus of Council was to direct staff to prepare necessary papers for consideration at the 8-16-82 meeting. 33. 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. 33.1 COMP PLAN REVISION ORDINANCE (a) City Administrator stated the ordinance would establish a moratorium and suggested a process to review CPR's in October and April. Item will be reviewed by Planning Commission August 10th and Council consideration is scheduled for August 23, 1982. (b) Motion by Councilor Stimler, seconded by Councilor Cook to accept City Administrator's recommendation. Approved by unanimous vote of Council present. PAGE 12 - COUNCIL MINUTES - JULY 26, 1982 33.2 72ND AVENUE EASEMENTS DEDICATIONS g (a) Director of Public Works presented resolution and requested Council approve for ID #5. RESOLUTION NO. 82-78A RESOLUTION DECLARING THE NECESSITY AND PURPOSE FOR ACQUISITION OF CERTAIN RIGHTS-OF-WAY FOR 72ND AVENUE AREA LOCAL IMPROVEMENT DISTRICT, DIRECTING AN ATTEMPT TO AGREE WITH OWNERS AS TO COMPENSATION; THEREFORE AUTHORIZING CONDEMNATION PROCEEDINGS TO ACQUIRE SAID RIGHTS-OF-WAY. Motion by Councilor Cook, seconded by Councilor Stimler to approve. Approved by unanimous vote of Council present. (b) Director of Public Works presented resolution and requested Council approve. RESOLUTION NO. 82-79 A RESOLUTION DECLARING THE NECESSITY AND PURPOSE FOR ACQUISITION OF CERTAIN RIGHTS-OF-WAY FOR 72ND AVENUE AREA LOCAL IMPROVEMENT DISTRICT, DIRECTING AN ATTEMPT TO AGREE WITH OWNERS AS TO COMPENSATION; THEREFORE AUTHORIZING CONDEMNATION PROCEEDINGS TO ACQUIRE SAID RIGHTS-OF-WAY. Motion by Councilor Cook, seconded by Councilor Stimler to approve. Approved by unanimous vote of Council present. (c) Director of Public Works requested the Council approve the construction easements which were distributed for ID's 6, 42a & 42b, 43, 47, 49a, 74a & 74b, 76, 77, 88, & 116. Motion by Councilor Cook, seconded by Councilor Stimler to approve. Approved by unanimous vote of Council present. (d) Director of Public Works requested the Council approve Street dedication for William & Margaret Dickoff & First State Bank. Motion to approve by Councilor Scheckla, seconded by Councilor Stimler Approved by unanimous vote of Council present. (e) Director of Public Works requested the Council approve resolution. RESOLUTION NO. 82-80 A RESOLUTION CONCERNING VACATION OF PORTIONS OF SW 72ND AVENUE, A DEDICATED PUBLIC RIGHT-OF-WAY IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. Motion by Councilor Stimler, seconded by Councilor Scheckla to approve in corrected form as submitted by Legal Counsel. Approved by unanimous vote of Council present. PAGE 13 - COUNCIL MINUTES - JULY 26, 1982 (f) Director of Public Works stated there were a number of projects where the work has been completed and requested Council authorize a letter be written by the Attorney to go after the bonds posted on public improvements. Consensus of Council was to have Attorney draft letter and pursue matter. 33.3 PUBLIC WORKS AGREEMENTS AND CONTRACTS (a) Director of Public Works stated this item could wait until a later date due to the lateness of the meeting. 33.4 POLICE DEPARTMENT PROPOSAL FOR K-9 PROGRAM (a) City Administrator reported that the Chief of Police is requesting approval of a second dog being added to the K-9 program and stated that the budgeted funds were available and it was consistent with the possible cut back options. i After brief discussion, Council authorized the acquisition of another dog. 33.5 ANNOUNCEMENT OF TIGARD'S 21ST BIRTHDAY (a) Mayor Bishop stated that there would be a celebration for Tigard's 21st Birthday on September 11th. More information would be coming on this issue. i 34. EXECUTIVE SESSION: The Tigard City Council went into Executive Session at j 11:54 P.M. under ORS 192.660 (1) (f) & (1) (e) to consider pending r litigation matters and real property acquisition. F 35. ADJOURNMENT: 12:21 P.M. ; zo--� City Recorder - City of and ATTEST: Mayor - City of Tigard PAGE 14 - COUNCIL MINUTES - JULY 26, 1982 f t AFFIDAVIT OF PUBLICATION STATE OF OREGON, 1 Jt COUNTY OF WASHINGTON, ss. I I, ,John_Marling ..__........ ........._. _ ......- being first duly sworn, depose and say that I am the publisher ....... _. 1. . of The Tigard Times, a newspaper of general circulation, 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 ... successive and i consecutive weeks in the following issues ----- ----- - July__22., 1982..... ' .......... ......-... ............... r .... i ( gnature) i i .Subscribed and sworn to before a this � day of ...... -July..._. ... 19 82 ------------ __..... .. .... ._... _._ Notary Public of Oregon f My commission expires ......4-29r 19 85 t 1 i The d l ltd t�!' 'taformation Further ti Ws eit* t * +Recorder, 12755 SW Ash Avenue,Tigard,Oregon,97223,ar by cailing 639=dI71. CITY COUNCIL:REGULAR MEETING JULY 26,1982,7:30 P.M. # FOWLER JUNIOR HIGH SCHOOL LECTURE ROOM 1-3865 SW WALNUT STREET,TIGARD,OREGON •Zone Change-Durham Island-Public Hearing Continuation •Zone Change-Bechtold Island-Public Hearing Continuation s •Zone Change-North Dakota Island-Public Hearing Continuation •Zone Change-Anne Street-Public Hearing Comprehensive Plan Revision-Mulligan-Public Hearing 4 Comprehensive Plan Revision-Refiling-Public Bearing f E •74th Avenue LID Ordinance •McKenzie/St.Anthony's LID Ordinance i TCYS'Annual,Report i Parks Report •Water Report T6479 Publish July 22,1982 i July 22, 1982 RE: SW 72nd Avenue Area LID TO: City Council FROM: Finance Director � A Assessment notices have been mailed to all interested property owners for the 109 properties being assessed. Copy of the application form as approved by bonding and city attorneys are attached (Exhibit "A") . Those property owners eligible for residential deferred assessments also received such special application (Exhibit "B") . The 7% interest rate for residential deferrment was approved by Ordinance 82-24 on April 10, 1982 (Exhibit "C") . At the March 22, 1982 Council meeting the issue of 10 year bonds with interest to be determined at sale of bonds was approved. As of the date of this memo 10 property owners have paid their pre-assessment, 72 have signed Bancroft payment applications,_11 applications are incomplete or questionable and g6 property owners have not responded. These properties will not total 109 because some properties have more than one petition which must be signed. June 30, 1982 PLEASE GIVE THIS MATTER YOUR IMMEDIATE: CONSIDERATION! Re: 72nd Avenue Area Local Improvement District AssessmentC' 0F T1�� nW Dear Property Owner: WASHINGTON COUNTY,OREGON The Tigard City Council at its meeting of May 10, 1982 adopted the assessment roll for the SW 72nd Avenue Area Local Improvement District (LID). You have just received a statement for your proportionate share of the cost of this improvement which benefits your property. This cost is now recorded in the City Lien Docket, in my office, as an assessment against your property in accordance with an assessment ordinance passed by the Tigard City Council. This assessment is based on the contract price for the improvement. If actual costs are less or more, adjustments will be made in your assessment after notifying you. Your assessment may be paid in full within twenty (20) days from the date of receipt of. this letter, at no interest charge, by mailing or presenting your statement to this office, or you may arrange to pay your assessment in installments under the Bancroft Payment Plan. Failure to pay in full or to make other arrangements described below within the time limit specified may render your assessment 'delinquentand may subject your property to foreclosure proceedings. If you wish to pay the assessment in installments, please complete the enclosed "Application for Installment Payment of Assessment" form which requires the signatures of all persons with a legal interest in the property being assessed. This will allow you to pay the assessment in semiannual installments over ten years at an interest rate to be determined after the sale of bonds and figured on the unpaid balance. Under this plan, the City will mail semiannual statements indicating the amount due. You may apply for a deferral of payment of assessments under ORS 3ii.702-311.735 if you are 62 years of age or older and the property for which you are filing is your principal dwelling. If you do not apply for the state deferral and your property is used for a single family residence, you may apply for a deferral under a City program applicable only to this LID. Enclosed is such application. The City must have your decision regarding payment and receive either the enclosed forms for the installment plan, au application for a deferral, or the money within twenty (20) days after receipt of this letter. If we have not received a form requesting the installment payment plan or one of the deferrals within twenty (20) days, you will be required to make payment in full immediately. If you need information regarding any of these procedures, please contact me at this office at 639-4171. Sincerely, Doris Hartig Finance Directo Dfl:Iw Enc. WOMMMYRM P.O. BOX 23397 TIGARD, OREGON 97223 PH: 639-4171 7� CITY OF TIGARD, 12755 S[d ASH STREET, P.O. BOX 123397, TIGARD, OREGON 97223 PHONE 639-4171- APPLICATION 39-4171APPLICATION TO PAY ASSESSMENT UNDER BANCROFT BONDING ACT JC¢I/f3/T PROPERTY OWNERS & ADDRESS t (First Bancroft payment due 6 months from assessment date.) TO THE RECORDER, CITY OF TIGARD, OREGON: In accordance with the provisions of the Bancroft Bonding Act, I hereby make application and agree to pay my portion of the cost of the improvement benefiting my property described below as the asse: :ment shown has been determined and assessed by the Tigard City Council, i in twenty (20) semiannual installments with interest at the rate set by the City Council, based on the Bancro4l�t Bond issue covering this assessment, not to exceed the rate prescribed i b;• law for bond issues, on the balance of the unpaid assessment for the improvement indicated ! below. Interest is to be paid by me semiannually at the time each installment is paid as required by the Bancroft Bonding Act. Installments are due and payable on the 15th day of each of the months of December and June hereafter at the E office of the City Recorder, Tigard, Oregon. j In consideration and pursuant to the above provisions, I expressly waive any and all irregularities or defects, jurisdictional or otherwise, in the proceedings by which this f improvement is made to my property described as follows: Account No. : Ident. No. kssessment Ordinance No. : 82-23 r ate of Assessment : May 10, 1982 s Description of Improvement : 72nd Ave. Area Local Improvement District X121 Description of Property Assessed: Assessor's Tax Map # Assessor's Tax Lot # (PER ATTACHED EXHIBIT "All) : Book Page : Washington County Deed Records ASSESS ;ENT AMOUNT DUE : $ IN WITNESS WHEREOF, we have set our hand and seals this day of 19 SIGNATURES OF ALL OWNERS: t t Address Address Address Address Witness to Signatures: t PECIAL INSTRUCTIONS: The applicationto pay he assessment a t in installments must be executed and returned to the City Recorder, City Hall, Tigard, Oregon, within twenty (20) I days of receipt of this form. All persons having an -interest in the real property as owners or contract purchasers, must sign the application. If desired, a portion of the total assess- ment may be tendered with this application and installment payments applied to the balance. MEN • I EXHIBIT CITY OF TIGARD, OREGON APPLICATION FOR S.W. 72ND AVENUE AREA L. I .D. SPECIAL ASSESSMENT DEFERRAL DATE OF APPLICATION: NAME MARRIED SINGLE__ ADDRESS NAME OF SPOUSE TIGARD ZONE CODE DESIGNATION TIGARD COMPREHENSIVE PLAN MAP DESIGNATION DESCRIBE -ALL USES ON THE PARCEL 1---CP WHICH DEFERRAL IS SOUGHT. ATTACH SITE PLAN OF PARCEL. I HAVE NOT APPLIED FOR THE STATE OF OREGON DEFERRAL OF SPECIAL ASSESSMENTS PROGRAM. ORS 311. 702 to 311 . 735. CITY OF 'TIGARD AGREEMENT FOR. DEFERRAL EXECUTED BY APPLICANT ATTACHED. Signature of Applicant Signature of Spouse APPROVED: Approval Date: City Administrator EXHIBI`.P B CITY OF TIGARD, OREGON S.W. 72ND AVENUE AREA LOCAL IMPROVEMENT DISTRICT AGREEMENT DEFERRING COLLECTION OF ASSESSMENT AGREEMENT between the City of Tigard, a Municipal Corporation in the state of Oregon (City) and . (Owner) . and 4 RECITALS: A.. In accordance with Ordinance No_ 82- , City will construct a public improvement consisting of and in accordance with such ordinance, City has assessed and declared a lien upon Owner's real property,- described as Assessor' s map and tax lot # . (Subject Property) , in the amount of$ (Assessment) . B. Owner has completed and signed .a Bancroft bonding applica- tion providing for payment of the. Assessment and the principal balance of the Assessment due on the date hereof in the amount of C. Owner•desires to have payment of the balance of the Assessment deferred as provided by Ordinance No. 82- and Owner is qualified for such deferral for the following reasons: (1) Owner is a natural person who is the sole owner of, or owner is a husband and wife. both of whom exclusively own, the Subject Property. (2) Owner is the owner of record of the Subject Property. (3) The Subject Property is within the S.W. 72nd Avenue Area Local Improvement District. .(4) The Subject Property is used for single family residence on the date this application was made for deferral. (5) The applicant has already applied to pay the assess- ment in installments under the Bancroft Bonding Act. (6) Owner has not applied for a deferral under ORS 311. 702 to 311 .735 . (7) The subject property is designated under the Tigard Zone Code or the Tigard Comprehensive Plan for uses other than single family residential . Page 1 of 4 NOW, THEREFORE, IT IS AGREED: 1. Condition of Deferral - Termination. The collection of the balance of the Assessment by City and payment by Owner of the balance of the actual Assessment cost for the public improvement(s) , levied in accordance with existing assessment policies of the City, shall be deferred in accordance with the teens of this agreement until such time as any one of the following occur: 1. 1 Owner defaults in the performance of the terms and provisions of this agreement; or. 1.2 Owner ceases to be eligible for the deferral under Ordinance No. 82- of the City of Tigard. Owner shall immediately notify the City Recorder when Owner ceases to qualify for the deferral. 2. Terms of Deferral. Payment of the principal balance of .the Assessment now due of $ shall be deferred until the occurrence of any of the events described in Paragraph 1 , and shall be paid in accordance with the- following: 2. 1 Interest Due During Deferral: The balance of the tAssessment shall accrue simple interest- at the rate of 7% per annum from the date of this -Agreement. Such interest shall be paid: ( ) Monthly, commencing on the day of , 19 and on the same day of each month thereafter during the period of the deferral. ( ) Semi-annually, commencing on the day of 19 , and on the day of , 19 , and thereafter during the period of the deferral. ( ) In a lump sum at the end of the deferral. 2. 2 Principal . Upon the occurrence of any of the events described in Paragraph 1 , the deferral shall end, at which time Owner agrees to pay the Assessment in full , including any accrued and unpaid interest, or to pay the balance of -the Assessment in semi-annual installments of $ each, plus interest at the rate in effect at the time the Bancrofing application was made for the improvements subject to the Assessment, until . the Assessment and interest is paid in full. Page 2 of 4 swim The total amount due at termination shall be equal to the amount of the Bancrofting installment, principal and interest, being deferred under this Agreement, plus seven percent (7%) per annum for the period of the deferral.. 3. Binding Effect_. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, legal representatives, successors and assigns, subject to the restrictions and conditions specified in Paragraph (1) . This Agreement shall be a covenant and condition running with the Subject Property and the Assessment deferred under this Agreement shall be a lien upon the Subject Property. 4. Remedies Upon Default. In addition to any other remedy contained in this Agreement, the City shall have all rights and ." remedies available to it by law to enforce the terms of this Agreement. In the event it is necessary to institute suit or action to enforce the terms of this Agreement or to seek damages from Owner for a breach of this Agreement, Owner agrees that he and/or she will pay, in addition to costs and disbursements, such sum as the court .shall adjudge reasonable as attorney'.s fees incurred by the City in connection with such suit or action, as set by the trial and all appellate courts. IN WITNESS WHEREOF, the City and Owner have entered into this Agreement this day of 19 CITY OF TIGARD., OREGON, a Municipal Corporation in the State of Oregon By: Owner Mayor . i t City Recorder Owner l Page 3 of 4 T STATE OF OREGON ) ) ss. County of Washington) Personally appeared before me , who being duly sworn did say that he is the Mayor of the City of Tigard, that the foregoing instrument was signed by him on behalf of the City of Tigard, and he acknowledges this instrument to be. the free act and deed of the City. Before me: Notary Public for Oregon (NOTARIAL SEAL) My Commission expires: I STATE OF OREGON D ) ss. County of Washington) Personally appeared before me , who being duly sworn did say that she is the City Recorder of the City of Tigard, that the foregoing instrument was- signed by her on behalf of the City of Tigard, and she acknowledged this instrument to be the free act of the City. Before me: Notary Public for Oregon (NOTARIAL SEAL) My Commission expires: STATE OF OREGON ) ) ss. County of Washington) Personally appeared the above-named and , who acknowledged the foregoing instrument to be voluntary act and deed. Before me: Notary Public for Oregon (NOTARIAL SEAL) My Commission expires: Page 4 of 4 CITY OF TIGARD, OREGON ORDINANCE NO. 82- 2i AN ORDINANCE ESTABLISHING A PROGRAM FOR DEFERRAL OF ASSESSMENTS FOR CERTAIN PROPERTIES IN RESIDENTIAL USE IN THE S.W. 72ND AVENUE AREA LOCAL IMPROVEMENT DISTRICT, AND DECLARING AN EMERGENCY. WHEREAS, the City Council by Ordinance No. 82-13 has ordered the improvements to be-made per* the specif-ications of the S.W. 72nd Avenue Area Local Improvement District; and WHEREAS, a number of the properties to be specially benefited and assessed for the cost of the improvement are in single family residential use, but zoned or planned for higher density residential uses or commercial uses; and WHEREAS, the City Council wishes to provide a reasonable method for those specially benefited by the improvement to pay the assess- ment; NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: Owners of record of parcels of property designated within the Tigard Comprehensive Plan or the Tigard Zone Code for more intensive use than single family residential and used for single family residential and within the S.W. 72nd Avenue Area Local Improvement District, may apply to the City of Tigard for deferral of their assessment until the use of the property changes to anyt _ng other than single family residential or the parcel is partitioned or subdivided. Section 2: The interest rate and the amount deferred for the period of deferral shall be seven percent (7%) . Section 3: The deferred special assessment amounts, and accrued interest, shall continue to be a lien against the property in the same manner as any other unpaid -special assessments. Section 4: The City Administrator shall approve an application for deferral of assessment for the S.W. 72nd Avenue Area Local Improvement District if he finds the applicant meets the conditions set forth in this ordinance. Section 5: Conditions for approval of deferral: (1) The application shall be in writing and in a form prescribed by the City of Tigard, substantially as contained in Exhibit A of this ordinance which, by this reference is made a part hereof as if fully set forth herein. (2) Applicant for deferral must be the owner of record of the property. ORDINANCE NO. 82-,;Cq Page 1 of 2 (3) The property must be within the S .W. 72nd Avenue Area Local Tmprovement District. (4) The property must be in single family residence use at the time of the application. lied to pay the(5) The applicant must have already app assess- ment in installments under the Bancroft Bonding Act. (6) The applicant may not at the same time participate in the State of Oregon deferral program under ORS 311 . 702 to 311 . 735 . (7) The property must be designated under the Tigard Zone" Code or the Tigard Comprehensive Plan for uses other than single family residential . (8) The property owner must have executed an agreement with the City, which agreement shall provide for the conditions of deferral and payment as specified in this ordinance, sub- stantially in the form of the agreement attached to this ordinance as Exhibit B which, by this reference, is made a part hereof as if fully set forth herein. Section 6: The deferral shall end and the oassessment n the and accrued interest shall become payable e of any of the following conditions: (1) The use of the property changes from single family residential; or (2) The property is partitioned; or (3) The property is subdivided; or (4) yhe property owner violates any of the provisions of the agreement executed under this ordinance . Section 7 : The Mayor and the City Recorder are authorized to the described agreement on behalf of the City 9 Section 8: That inasmuch as it is necessary for the pece,thealth, and safety of the people of the City of Tigard the program for deferrals for the S .W. 72nd Avenue Area Local Improvement District be implemented without delay, an emergency is declared to exist, and this ordinance shall become effective upon its passage by the Council and signature by the Mayor . PASSED: By the Council by unanimous vote of all Council members present, after being read two times by number and title only, this le., day of April , 1982 . City Recorder - City;,of Tigard da of April ,1.1982. APPROVED: By the Mayor, this_ A Y rlayor - City of Tigard DINANCE No. 82-.2 MEMORANDUM July 21, 1982 TO: City Administrator/City Council FROM: Chief of Police SUBJECT: Oregon Liquor Control Commission (O.L.C.C. ) Applications RE: Question - Does the City Council Need to Approve, or Should Approve all OLCC Applications? Sir: There are several elements to the approval of OLCC applications. retail sales consumption, on premises Starting with licensed premises, package sales, etc. , all require Council approval. 1 The confusion probably arises from special event applications such as fund raiser events; i.e. , wine tasting events and so forth on school property, such as St. Anthony's. 1 Oregon Administrative Rule 4845-04-025 Special Licenses. Required, Sub. F Sec. 2. "A special Retail Beer License (SRB) , or a special Retail Wine (SRW) , or both, may be issued to any person, firm or organization meeting qualifications set forth in Section (5) of this rule. A firm or organization r shall designate a responsible person who must meet all requirements of Section (5) of this rule. t Section (5) in part: z "The qualifications for a special license are as follows: (a) Except for Special Dispenser and Special Events Winery licenses, the purpose for which the license is to be used must be a picnic, convention, fair, : civic or community enterprise, or similar special event, such as a spectator } sports event, musical concert or festival. (b) The individual applicant or the designated responsible person must be of legal age and must designate to the Commission in writing the number of days and the specific area for which the special license is to be used. (c) The granting of the special license must be approved by the governing dy of the city or county boin which the event is to be held, or by a law enforcement or administrative officer to whom approval authority has been delegated. As can be seen in Sub. Sec. (c) of this Administrative Rule, "a law icer to whom approval 1authority has been enforcement or administrative off } delegated may approve such special event applications. f C. f t 1 Several years ago problems were encountered by the special event applicants of not having time to have their applications approved by the City Council prior to the event. Subsequently, the Chief of Police was authorized to approve such events, the majority of such applications are annual events conducted by recognized organizations such as Town and Country Days/ Steelheaders/Tigard Community Youth Services/St. Anthony's/Etc. , and an occasional company party. When such special event applicants intend to use a city park, and here is probably where the confusion occurs, and fees of any nature are paid, City Council must approve such requests. See City Ordinance #7.52.100, in part: "shall be allowed only after obtaining a permit to do so by the City Administrator subject to approval of the City Council and the Oregon Liquor Control Commission." I hope that this information will help to clear up the question mentioned above; if there are further questions, please advise. Respectfully, R.B. Adams Chief of Police RBA:ac M E M O R A N D U M TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JOY MARTIN, ADMINISTRATIVE ASSISTANT DATE: JULY 16 , 1982 SUBJECT: UPDATE ON MACC AND CABLE TV MACC met three times during the months of June and July. Following are the main items discussed and decisions made: 1. On July 1, the MACC Administrator, Bill Tierney, started work and is currently located at Beaverton City Hall . Benefit packages are now being discussed. 2. Adoption of the budget of $49 , 520-Personal Services, $19 , 900-Materials and Services , $2, 150-Capital Outlay, $25 , 000-Contingency, and $96 , 570-Resources . ( 3. Passed a resolution allowing Storer Metro to place armored sheath cable and an empty "shadow" conduit for trunk lines and feeder trunk lines. This takes advantage of improved materials to correct common long range problems without any future adjustment in rates . Storer Metro held a breakfast meeting to introduce representatives from their departments and to have updates on products and services . A slide show was also presented covering design and construction procedures. A copy of the initial notice to homeowners is attached. In Tigard, the Summerfield area will be one of the first areas for construction. Representatives from both the City and Storer Metro went to their Board Meeting. A meeting is scheduled for August with the community to address some of the common concerns prior to construction. A liaison group is now being appointed to work with staff and Storer Metro. JM : dkr Attachment EL D COMMUNICATIONS. INC. 6 -2090 TO LET YOU KNOWi 1 Our crews will be working in your area duringthe next few days. Storer Metro Communications, Inc. has a cable t.v. agreement with the Metropolitan Area Communications Commission (MACC) to construct a cable system in Banks, Beaverton, Cornelius, Durham, Forest Grove, Hillsboro, King City, Lake Oswego, River Grove, Sher- wood, Tigard, Tualatin, and Washington County. The permits we obtained to work in your area required that we be insured and that a Restoration Bond be placed with the MACC. Storer Metro Communications, Inc., is in com- pliance with all City, State, County, and Federal Reg- ulations. For safety reasons, underground utility lines are identified by means of a non-permanent color coding system: Red — electrical; Orange — telephone; Blue — water;Yellow—gas. The cable system is being constructed using under- ground conduitand pedestals similartothose used forthe telephone company's installations. One pedestal shall service approximately 2 to 4 homes. Ourcontractorswill beworking inthePublic Right-of- Way. Once the cable is energized,our marketing staff will be calling on you. FOR FURTHER INFORMATION, CALL YOUR STORER METRO REPRESENTATIVE AT: 684-2090 Thank you, Storer Metro Communications, Inc. 684 —2uv® 00- July 21, 1982 MEMORANDUM TO: City Council FROM: Public Works Director U SUBJECT: Floodplain Filling at 74th Avenue & Durham Road An estimated 5,000 cubic yards of fill have been placed in the floodplain at SW 74th Avenue and Durham Road without a permit. A stop work order has been issued and the property owner given until Wednesday, ,July 71 1482 t� piyv -e a icuids application at City Hall. This permit will require considerable engineering and soils work on behalf of the property owner to give us the information necessary to evaluate the extent of the impact on the floodplain, floodway, greenway and open space. I anticipate allowing the property owner until the end of August to accomplish the necessary engineering and hydraulics work and submit a completed sensitive lands application. Staff evaluation and staff report should be completed in time to allow the Hearings Officer to render a decision in September, in plenty of time to have any material removed before the rainy season should that be required. T-17e will keep the Council updated on the progress of this issue. -� f SIId// 731�� r��•P�� x ;O c etew- ` � f \ _ d WE C\j t July 22, 1982 MEMORANDUM TO: Mayor and Council FROM: Jeremy Coursolle, Associate Planne SUBJECT: Proposed Comprehensive Plan Future Nind Use Map and Development District Map As part of the City's efforts to complete one Comprehensive Plan, the City staff has drafted a proposed Comprehensive Plan Future Land Use Map and an Official Development District Map. The Comprehensive Plan Future Land Use Map indicates general land use areas, i.e. residential or commercial, and encompasses all of Tigard's Urban Planning Area. The Official Development District Map, on the other hand, specifically indicates the type of development standards that will be used with those general comprehensive land use areas, and includes only those properties within the Tigard city limits. In many instances there is more than one development district for each Comprehensive Plan Land Use map designation. The specifics of each map will be discussed later in this memorandum. At this time it is important to discuss the process that was used during the mapping process. The mapping process was initiated last summer with the formulation of an existing land use map. This map describes, by color, those types of land use that currently exist on each lot of record within Tigard's Urban Planning Area as well as within the city limits. Since the formulation of the existing land use map, staff took the following steps in the mapping process. 1. All of the seven (7) NPO plan maps were reviewed for consistency to each NPO plan map and to what actually exists in the field; 2. The existing zoning map was reviewed for inconsistencies with the NPO plan maps and existing land uses in the field; 3. All ordinances related to land use designation changes were reviewed; 4. The existing capacities and expansion capabilities of all public facilities and services and transportation were reviewed through the Public Works Department; and 5. Frequent hours were spent in the field reviewing existing land uses and the capability of proposed changes with those existing land uses. In most instances the proposed general land use areas are not substantially different from the existing adopted PIPO plan map. However, because of Tigard's lack of diversities in all density designations, staff is proposing to upzone a few areas or exposed existing areas that allow for more diversity in housing types. PAGE 2 - JULY 22, 1982 ME140 - C014P PLAN 11,APS The City staff is equally concerned, as are the resident., that these proposed higher density areas will not adversely impact abutting F established neighborhoods. Therefore, most of the areas that are proposed for an increased density abut, at least, a collector street or have easy access to a collector street. Staff firmly believes that if the proposed maps are adopted, the City of Tigard could be developed in accordance with the Statewide Planning Goals and regional housing needs without adversely affecting established neighborhoods. A brief note about LCDC. . .. . . . . As we all are aware the LCDC Statewide Planning Goal #10 Housing states that the City of Tigard must provide for a minimum of 10 dwellings per net acre or vacant buildable only, with a 50/50 mix of single family and multiple family units. The important word within this goal is "provide". The goal does not say that Tigard will be developed according to those standards; it merely says that Tigard must provide for it. If Tigard does continue to grow, it is very conceivable that Tigard's j Planning Area could be built out by the year 2000. And, the staff believes it is safe to say, that without many of the Statewide Goals and the Urban Growth Boundary, urban sprawl would not be checked within the Portland area or south through the Willamette Valley. I Now on to the maps. . . . . t Each map has a legend which briefly describes the land use designation. Again, the Comprehensive Plan Future Lane Use Map describes those lands use area which are most appropriate during the planning period f (1980-2000). f The Official Development District map indicates those development standards with each general land use area. As you can see, most of the proposed zoning designations are different j from the existing designations. A comparison sheet showing the changes is also attached to this memorandum. Briefly, all of the residential designations are based on the number of units per area permitted in that particular zoning district, and all of the commercial and industrial designations indicate the type of commercial and industrial areas. ! On both maps, staff attempted to simplify the land use designation process and show that both maps are consistent with one another. j At this time, these maps are being presented to the City Council as information only. In less than a month the staff will be submitting the proposed Land Development Code to the Council for review as well. At that time these maps should then be considered for adoption. F To date, all of the NPO's have been given copies of the maps and the Planning Commission will receive their copies August 3. During the August 10, 1982 joint meeting with the Planning Commission and NPO, the Comprehensive Plan process and mapping will be further discussed f to ensure that everyone thoroughly understands the City's task. i IM III!, III IN III III 111111 ii,ili Ill iiii:1 11111!; July 22, 1982 NEWRANDUM TO: City Council FROM: public Works Director SUBJECT: SW 92nd Avenue (Bowman) project (Status Report) Staff expects to advertise this project with SW McKenzie and Sw 74th for bid opening on September 2, 1982• E July 21, 1982 i� MEMORANDUM TO: City Council FROM: Public Works Director SUBJECT: Progress Report on Ri t-of-inlay Acquisition on SW 72nd As you are aware, we had some concern over whether we were going to have enough right-of-way on SW 72nd Avenue to allow our contractor to be able to proceed with the work. Thanks to the diligent work of our consulting engineer, Marlin DeHaas, the appraiser, Harold Meyer, the negotiator, Dale Brunton, and our legal staff, we have either acquired rights-of-way or rights-of-entry on most of the necessary properties on SW 72nd Avenue. Also,thanks to the contractor for having another job in close proximity -- Hwy. 217 SW 72nd overpass project. The contractor is proceeding with the storm drain work and has substantially completed his work from Fanno Creek at Durham Road, up SW Boones Ferry Road and north on SW 72nd Avenue to Lyle Moving & Storage. We are very close to having enough property control to open up a large portion of the south end of the project for grading, paving and concrete work. We are only awaiting some related utility work to be completed. Of course, we have the 36" Tualatin water line to contend with and a possible 16" water line of the Tigard Water District, pending the outcome of a water dis- trict annexation action. The Tualatin water line is proceeding from Hwy. 217 and is now in the ground through the 'S' curves to about Landmark Lane. All things considered, the right-of--way acquisition and construction are pro- ceeding as we would expect. I k tt F 07'2Cv-82 cornI V� �n i i�lr�}�{lilil I�r�sir,{r 1{1 ,tl 1{111111111111 a rfr , 3 rjl ttt tl i t 1 f , 1 1 11 r T , } � ► T a ► s 1 1 r, ,� , , , , , r, 1 r ,� P I ! i -� � � I_ NOTE: IF THIS MICROFILNED -----__�.....I. .. 2--_--.- .� -- _ 5 _-. s.. 7 8 9 - - DRAWING IS LESS CLEAR THAN � THIS NOTICE, IT IS WE W s' THE QUALITY OF TtE ORIGINAL DRAWING. OE 6z -8Z LZ 92 Sz bz £z zz lZ oz er si—[i - si 51' -b� el Z! -i!- of s 8 (— g—S -- y E -Z 1ri a,llnn�Ruiemluui,laqu+i,mluALI 1 1111�iItN ' Y; FMARCH , 1990 ar MA TI ARD COMPREHENSIVE AV PLAN N I FUTURE LAND MAP - I- t - i DRAFT IT 71 - - --ter--- NEI 3 r 4J1 C� 71is i - - / /,'>•3ra: 4;j.�- :S.�c � ,I,Fyi%ae'. \ ---- ^� ��`� -\. 7 _--� 7T- 77,tE -.I .. (- �' ✓, � r -'- y, E a a 1 �1 -17 _ _tet ' �� I• I �� ,' � ��y v:� _ � ,.� _ 1. L > c r' X� r�l r� F I- - l 1 ''� r � e .t 1 : e t e `=- e.' / Y / I • ,;- ��__ gyp•--- _ a - p e co 1 y .- _ I — /a�-, par- L ✓ LLJ til 1 -- • � I .1.1. 1 .�:,, ' _ (w . L. - - I• 1 I / / U1rL-= -�I 1 P 9;p1'9 I'i;rl;lq'g9gi gllgl nlpl P I I � „ � pule pulggn'I I'I"Iq Pp gyiVpppl,l w I,I,,, ,y-tic� t _ I 2 3 9 5 8 7 8 p �0 II 12' pL pL pL 2 p2 LL 2 L2L 1L p2 61 ."L�"I pl it CI 21 pl t i II1I1+ ww;rp- p�M mlclx^. ..61 61 dll1181111111gIIl�l�gqWYyIWIN YII WIIpLIIInIINI nIIIIIYIIIWIII IIwW�Yi'LIIIIIWIWIpIYII MARON 1 7 nc�np POLICE DEPARTMENT MONTH REPORT �. June, 1982 and Six Month Recap TO: City Administrator/City Council FROM: Chief of Police I. Personnel The department continues to be at full strength this month, and there has been no personnel turnover this first six months of the year. The average daily department strength this month was 16.0 as compared to 16.3 E for June, 1981. By Division, the breakdown is as follows: Administration 1.7; Services Division 3.9; Patrol Division 8.9; and Investigation Division { 1.4 i II. Service Delivery ! The department responded to 546 non-criminal calls for service in contrast to { 464 calls in June, 1981. The combined total non-criminal calls for service the first 6 months of 1982 was 2,880; for this same time period in 1981 the total was 2,639. Patrol Division's obligated time this month was 1,309.8 hours, for the first ' 6 months it was 8,258.3 hours. The non-obligated time this month was 898.3 ! hours, for the half it was 6,288.3 hours. III. Crime There were 113 Part I crimes reported this month as compared to 94 for June of 1981, up by 19 crimes in this classification, or 20.21%. There were 15 Part I crimes cleared this month, or 13.3%. P F f 1 The total Part I crimes reported this half was 625, in contrast to 546 for this € same period last year, an increase of 14.5% The clearance rate for Part I crimes this half is 19.7% , or 123 cases. In contrast to the same time period of 1981, 24.2% were cleared, or 132 cases. i There were 57 Part II crimes reported this month, of that number 22 were E cleared, or 38.6%; for the same month last year 62 were reported, and 43 were cleared, or 69.3% f The total Part II crimes reported this half was 426 in contrast to 399 reported the first half of 1981, an increase of 27 cases, or 6.77%. There were 238 Part II cases cleared this half, or 55.9%, for this same time period in 1981, 216 cases were cleared, or 54.1% The Investigative Division worked 14 active cases this month, and cleared 12, or 85.7%• The total active cases worked this half by the Investigative Division was 120, of that number 51 cases were cleared, or 42.5% The reported property loss this month was $85,406.10, of that amount $5,264.39 was recovered, or 6.160/. The combined total property loss for this first 6 months was $316,450.47; of that total $82,004.25 was recovered, or 25.910/'- IV. Traffic Patrol Division responded to 25 accidents, of that number 9 were injury.. There were 86 citations issued this month as compared to 222 in June of 1981. There . were also 44 warnings issued this month in contrast to 50 for this same time period in 1981. Patrol Division has issued a total of 1,319 citations this half in contrast to 1,382 for this same time period last year. There has been a total of 167 accidents reported this half, and 161 were reported for this same time period last year. There were 49 injury accidents reported this half, 40 injuries were reported last year in the first half of the year. The Enforcement Index this month was 5.66, as compared to 19.42 for June of 1981. The Enforcement Index for this half year is 1.5.95 in contrast to 18.35 for this same half in 1981. V. Police Reserves The Reserve Unit worked 242.5 hours this month assisting the department in policing the community; through this half the Reserves donated 1,439.5 hours of community service. See attached report from the Reserves for their total training and activities. VI. Training A. Background Investigations. On June 17 and 18, Records Supervisor Carrick attended a seminar on background investigations. This class was held at the Greenwood Inn, and was sponsored by the Board on Police Standards and Training. B. Management Seminar. On June 10, Chief Adams and Lt. Jennings attended a one day seminar at the Jenkins Estate. Topic was on management. C. FBI Academy. Det. Sgt. Branstetter graduated from the FBI Academy this month. Attached is a summary of this schooling. D. K-9 Program. Attached is recap report on training and progress with Joey, our K-9. VII. Community Relations A. Lt. Jennings gave an ICAP demonstration to two representatives of the Oregon Law Enforcement Council on June 9. This was done at Tigard P.D. , and lasted approximately 112 hour. B. On June 11, Lt. Jennings spent 45 minutes with the Tigard Town and Country Days Fun Run Committee. He assisted them in laying out their 6 mile course. Isom C. On June 4, Officer Grisham attended the gifted students class at Twality _ Jr. High School, contacting 25 eighth grade students. This was for 1 hour. D. On June 9, Officer Grisham and Lt. Jennings made an ICAP presentation to 12 adults at Washington Square. This presentation lasted one hour. E. On June 28, Officer Grisham began the Safety Town Program, spending two hours at Charles F. Tigard School on that day, then six hours on June 29 and June 30. Note: There were 19 man hours spent in community relations programs this month, and 234 persons were contacted. Respectfully submitted, R.B. Adams Chief of Police RBA:ac MONTHLY REPORT INFORMATION Det. Sgt. Branstetter graduated from the FBI National Academy June 25, 1982 at Quantico, Virginia. The duration of the Academy was 11 weeks; the course of study was as follows: 1. DEATH INVESTIGATION (2) This course is designed for both uniform and investigative law enforcement nsibility for the investigation of deaths. It personnel who have respo involves the process of analysis of all aspects of the death case so as to e, suicide, accidenta arrive at the true cause and manner of death (homicidsical or natural) . The importance of the sceneofthe death, the izedsiftingeference of phy and psychological evidence, the autopsy, , to correctly interpreting those elements of a case to arrive at more accurate conclusions. Motivation, the phychological autopsy, and the construction 4 of personality profiles are discussed. i 2. INTERPERSONAL VIOLENCE (3) A forty-four hour program designed to acquaint the student with the applicability of psychology in the investigation of sexual assaults of children and adults. Topical discussions will include phychological profiling of the unidentified sexual offender, environmental factors indicative of an incestuous relationship, behavioral characteristics of the child molester, an introduction to the psychological autopsy and the art of psycholinquistics, differentiating the , accidental sexual death from suicide or homicide, and the dynamics of the various types of rapists. 3. SURVEY OF FORENSIC SCIENCE (2) t Provides sufficient education in the forensic science field to enable exprienced law enforcement officers to understand general principles of the scientific disciplines involved in the examination of evidence, and subsequent expert testimony during judicial proceedings. Furnishes the necessary scientific background information which, coupled with the investigative experience, permits maximum utilization of application of forensic science to law enforcement. 4. INTRODUCTION TO WHITE COLLAR CRIME (20 hours) This course is designed to give the investigator an exposure to various topics in White Collar Crime. Such topics as Insurance Fraud, Financial Transactions Analysis, Banking, Visual Investigative Analysis, Arson, Advance Fee Schemes, Ponzi Schemes, Stolen and Counterfeit Securities and Use and Survey of Computers will be discussed. The student will be exposed to sources of information and to the problems encountered during investigations of these White Collar Crimes. C 5. MANAGEMENT FOR LAW ENFORCEMENT (3) Management concepts and theories are identified, defined and applied to law enforcement. Theories and practices utilized in industry and business are examined and evaluated with relationship to a law enforcement agency. Practical problems and exercises are used to illustrate avenues to achieve objectices. 6. CONSTITUTIONAL CRIMINAL PROCEDURE (3) (Standard Course) Explores major institutions and processes in the criminal justice system as they relate to the police function. There is a comprehensive study of the Constitution and the Bill of Rights, judicial review, and the use of evidentiary exclusionary rules to effect constitutional, statutory and judicial policy. This course examines legal principles governing law enforcement actions in the areas of arrest, search and seizure, confessions, electronic surveillance, eyewitness identification, entrapment, informants and civil liability. The materials consist of the FBI Casebook containing reported decisions of the courts, with supplementing background texts prepared by the Legal Instruction Unit of the FBI Legal Counsel Division. 7. MASS MEDIA AND THE POLICE (3) This course will explore the role of mass media in our society with particular emphasis on the relation of the media to the law enforcement agency. Examination of the nature of the media and the development of appropriate law enforcement policy will be crucial to the theme of this course. Practical exercises include writing and delivering news releases in a variety of situations and settings. Some emphasis will be placed on video taping and subsequent critique of same. The objective is to assist a student enhancing public speaking abilities and to appear as a profes- sional during interaction with the media. 8. In addition to the above, 33 hours of firearms and 25 hours of physical fitness training was received. C SUBJECT: K--9 PROGRESS REPORT DATE: 7-5-82 SIR: Joey has currently has been at the Mt. Angel Training School approx. 2 months. Joey has done very well in the basic requirements of obedience by performing proficiently to both hand and voice commands. Joey has been doing well ut in advance obedience also with long intervals spent in staying positions Joey has been through initial stages of tracking beginning with tracking of handler to long tracks of purposed suspects with continually lengthened delay time prior to the commencement of the track. Of the new dogs started the same time, Joey is one of the two that Chief Vickery has started in advanced tracks with lengthy delays over hard surfaces. Protection work with Joey has been minimal. When myself and Joey began the class, Joey was asked for aggression when confronted and in vehicle protection. Joey responded sufficiently and has not received any further protection work until the last class on 7-1-82. At this time Joey will be learning to cease aggression and commence aggression on commands and will soon be used in conjunction with tracking. f We can be proud of Joey's progress. Chief Vickery has many times told me that he wished Joey was his dog. Chief Vickery told me on 7-3-82 that in approximately three weeks we will be able to use Joey on the street for tracking purposes only. I will keep you advised at further training. - - '% Officer Darwin V. Deveny H4L\TDLLR DEVENY K-9 TRAINING LOG DOG JOEY MT. OTHER I? TIME START TIME END ANGEL LOCATION- O P T - :- 9 T 7:o Wool, 9:p v .o S-.2 S p Ao 19 3 D /.S .3 -5? 8 L 7' d� /O•on ,,;.,ter s-r- 7 4.2 v:57 57 r 1 Ll-g.7 F y'�U S-- -3d T ap'ain�lf� G/�ea✓�S- , /.c �✓iTSiV S-1 - z rr1 .po G:ov ,�• ,o:.f�,1� 1 .0 -o COP Is--it-RZ g2 7.'06 o :30 .o a ter-- /•o /• WTAL TRAINING TID 3 • C7 . O ��• 3.5 l 7 O - OBEDIENCE P - PROTECTION WORK 'Dd� TRACKING _ j _ COMMENTS: 1 yy wy,L,n a AL,V C.tV i K-9 TRAINING LAG DOG JOEY MT. OTHER FATE TIME START TIME IIv'D ANGEL LOCATION O P T ID - off Dc .,-•/ - S'Z roc Z -gz :oo : .a v i•600 - z �Cvft- - /o.t>a� for, !•o _• t �:ti- fit- '�/I- Z•,�af �>�� -o /•� f_-13'v2 9'oaR n:Od/7- / nN 1.0 /.D r -V L '� O a /D•odJ� 3,0 /• D Z /r,)Il rc o 1. T01'AL TRAINING TIDE 36. 3 .0 1 7.7 1U031* O — OBEDIENCE p — PROTECTION WORK IMENTS: TRACKING : ICAP REPORT After the installation of the original ICAP hardware was completed in February, 1982, several weeks of familiarization and "debugging" of the software programs were necessary. All members of the ICAP team participated. The primary emphasis during the first months of the ICAP implementation was the use of the computer; including the modifying of the fields within the crime analysis files, practicing with the advanced statistical functions and educating the line supervisors with the manpower allocation and officer evaluation programs. Crime Analysis Of the four crime analysis files, two are in complete use at present, the other two are ready for use, while the processes for data gathering for these files are being designed and edited. The two primary files of crime analysis (the ones presently in use) are the Field Interview Report (F.I.R. ) File and the Crime Specific (M.O. ) File. Entries to these files are made daily. The FIR file currently holds 437 reports of individuals contacted in the field since 4-1-81. The MO file currently holds 277 records of crimes committed in the city since January 1, 1981. The types of crimes that are covered in this file are the 8 which are best suited to pattern identification and probability forecasting. These crimes are: 1. residential burglary 2. commercial burglary 3. robbery 4. sex offenses 5. Theft I 6. Theft II 7. Theft from Auto 8. Theft of Auto The two files that are ready for use but not utilized currently are the Suspect Vehicle File and the Known Offender file. These two files are more limited in their scope and are each partially offset by the FIR file which contains fields that deal with previous criminal history and vehicle descriptions. The Data Base Mangement Program (Maxi-Manager) used to control the data in the files allows for several types of searches and coorelations. Any (or all) of the records in a file can be searched for information in from one to all fields. Searches can be either on an "and logical" or an "or logical" basis. Searches are conducted in two ways -- either in answer to a request for one of the user groups, or on a self-initiated basis by a member of the ICAP team. To date, there have been approximately 25 formal requests for M.O. searches and pattern identification. There have been approximately 40 formal requests for FIR searches. Informal requests have greatly outnumbered the formal inquiries-- these include verbal requests from patrol officers for various types of information. Neighboring outside agencies that are aware of the capabilities of the crime analysis function of ICRP have also made requests -- both on a regular and on a need basis. Most notable of these outside agency requests was one from the Portland Police Bureau that resulted in the furnishing of information that led to the identification of two suspects involved in an armed robbery at the Firestone Tavern on S.W. Barbur Blvd. i The ICAP crime analysis function involves several other elements besides the. computer management of information. These include a daily posting of crime specific information bulletins that allow for quick and easy reference for the pat- A supervisors. These daily bulletins give the following information: t Case Point of Property Date Number Offense Day Time Location Entry Grid Taken Arrest I Coupled with the daily bulletins are tactical maps for each category of the target crimes. Each map is updated with color coded dots as crimes occur. The dots are coded to identify the day of the week on which the crime occurred (if known) , and the time of day (if known) . The maps of course assist quick and easy visual recognition of geographical patterns of criminal activity. The daily bulletins are compiled on a monthly basis for reference. The maps are rotated on a monthly schedule with the most recent two months on dispaly for each target crime category. Note: Several Oregon law enforcement agencies have implemented crime analysis units similar to the crime analysis unit of Tigard's ICAP program. These agencies include Clackamas County Sheriff's Office and Portland Police Bureau. The PPB unit is very similar to Tigard's -- having adopted Radio Shack hardware, the same maxi manager data base management system, and similar descriptive fields. Other Oregon agencies that have expressed interest in developing crime analysis units but have yet to generate them are Beaverton P.D. , Lake Oswego P.D. , St. Helen's P.D. , The Dalles P.D. and Washington County SO. Each of the agencies have sent representatives to view the Tigard ICAP Program. Statistical Function The ICAP software includes several advanced statistical programs. The program that has been used very extensively is the Correlation/Linear Regression. This program allows the user to imput known data -- usually past statistical correlations (X and Y) -- and then input known (or expected) future data (X) and obtain a projected correlated answer (Y) . Examples of usage are budget forecasting, workload forecasting, manpower needs and staffing needs. Coupled with the graph-plotting function of the Epson line printer, this program allows the user to obtain in a matter of minutes a projected-plotted graph with a stated reliability (R) factor and degree of variance that would otherwise have taken hours to obtain with a calculator and graph paper. Other departments in the Tigard city government have expressed interest in j using the statistical programs. mom Program Evaluation Currently, the ICAP Program is functioning as initially projected by Chief Adams, when he originally budgeted for the program. The data base is growing and all department members are becoming increasingly familiar with what the crime analysis and statistical functions have to offer. Formatted, computer generated documents of several kinds will be produced iri the near future, and will enable the Crime Analysis Unit to produce various products even more rapidly. r Training of the ICAP team is progressing well. Crime Analyst, Officer Joe Grisham has attended three extensive computer classes conducted by the Radio Lt. Jennings and Records Supervisor Carrick Shack Computer Center in Portland. are both involved in daily computer entries and bulletin postings. Lt. Jennings R has assumed the crime analysis duties on a relief basis on several occasions to cover illness and vacation leaves. The Neighborhood Watch Program started by Sgt. Martin throughout the city is closely associated to ICAP. As geographical patterns of criminal activity are recognized or suspect descriptions are lerned, Neighborhood Watch Captains will be notified of the situation. F C C i E E POLICE DEPARTMENT CONSOLIDATED MONTHLY REPORT FOR MONTH OF JUNE 19 82 DISTRIBUTION OF PERSONNEL 44 AVERAGE u NUMERICAL STRENGTH 1 DAILY ABSENTC ' {i AVERAGE EFFECTIVE STRENGTH End of Same This Say:.a This { Last Same this I Month Month Month Month i Month Month Month t Last Last Last Year Year Year OTAL PERSONNEL 29 28 13.0 12.1 16.0 16.3 15.9 HIEV S OFFICE 3 2 1.3 .9 1.7 1.2 1.1 ERV ICES DIVIS. 7 7 3.1 2.9 3.9 4.3 4.3 ATROL DIVISION 16 16 7.1 7.4 8.9 9.5 8.6 RAFFICDIVIS. ----------- ----------------- --------- --------- --------- ------- -------- 3 3 1.6 1.0 ! 1.4 1.2 2.0 NVEST. SECTION 'ORC£ ONE 13 11 6.5 4.4 , 6.5 6.9 6.6 ORr^ TWO 9 9 3.8 4.0 5.2 5.3 5.0 'ORCE THREE 7 8 2.7 3.7 4.3 4.1 4.3 CHANGES IN PERSONNEL DAILY AVERAGE PATROL STRENGTH . Present for duty end of last month 29 This Same Month Month Last Year . Recruited during month �I1. Total number field . Reinstated during month officers 16 16 -- Total to account for 29 2. Less Agents Assig- 4. Separations from the service: ned to Investigat. 0 0 (a) Voluntary resignation 0 3. Average daily abs- 0 ences of field off- (h) Retirement iters owing to: (c) Resigned with charges pending 0 (a) Vacation, cusp- . 0 Ension, days off, - - (d) Dropped during probation ___comp. time, etc. 6.8 1 6.6 (e) Dismissed for cause 0 (b) Sick & Injured .2 .2 - (f) Killed in line of duty - 0 (c) Schools, etc. .1- - 0 -Total average daily (g) Deceased - absences 7.1 - -7.4 - Total separations 08-9 8.6 - - 4. .Available for duty isent for duty at end of month 29 - u ' TIGARD POLICL DEPARTMI:1\1T Monthly Report I. Calls for Service: This Month 716 Year to Date_ 3,931 i A. Obligated Time 11309.8 B. Non-Obligated Time 895.3 II. PART I CRIMES % No. Cleared Arrests A. Homicide 1 B. Rape C. Robbery 3 D. Assault 6 6 5 E. Burglary 42 2 2 F. Larceny 60 6 5 G. Auto Theft 1 1 3 Totals 113 15 15 III. PART II TOTALS 57 22 26 f TOTAL - Part I and II s 170 37 41 IV. TOTAL PERSONS CHARGED: 41 a. Adult Male 23 C. Juvenile Male 10 b. Adult Female I d. Juvenile Female 7 V. WARRANTS SERVED 0 i VI. TOTAL PROPERTY LOSS $ 85,406-10 TOTAL PROPERTY RECOVERED $5,264.39 VII. TRAFFIC s a. Accidents Investigated 25 Injury Accidents 9 Fatal 0 's b. Citations: VBR (Speeding) 12 Yield Right of Way__2__ Following too Close 3 Red Light 9 Stop Sign 3 Improper Turn 1 Reckless Driving__L_ Careless Driving 5 Driving Under the Influence 3 i Driving While Suspended 6 Other Hazardous 5 Non-Hazardous 35 Total Hazardous 51 C. Enforcement Index 5.66 d. Traffic Enforcement Totals Citations: This Month This Year 86 Year to Date 1,319 This Month Last Year--2-50 Last Year to Date 1 2-1- Warnings: This Month This Year 44 Year to Date 443 This Month Last Year 61 Last Year to Date 612 NOTE: •• - Part I Crimes (Major Crimes) Clearance Rate 13.30/'t • Part II Crimes (Minor Crimes) Clearance Rate ...TG_RD PCI,;.",.` nVDAIRTMEtiT Six-Month Report f I. Calls for Service: 3,931 A. Obligated Time 89258.3 B. Non-Obligated Time 6,288.3 II. PAP.T I CRI„_'ES No, Cleared Arrests A. Homicide 1 1 B. Rape 1 1 1 C. Robbery 14 4 4 D. Assault 45 33 24 i E. Burglary 166 9 10 F. Larceny 382 69 65 t G. Auto Theft 16 6 5 t Totals 625 123 109 [e - k III. PART II TOTALS ^`•'� 426 238 257 TOTAL - Part I and II 1,051 361 366 x s IV. TOTAL PERSONS CHARGED: 366 a. Adult Male 203 C. Juvenile Male 82 b. Adult Female 43 d. Juvenile Female 38 -£ V. WARRANTS SERVED 103 VI. TOTAL PROPERTY LOSS $ 316,450.47TOTAL PROPERTY RECOVERED $ 82,004.25 w VII. TRAFFIC a. Accidents Investigated 167 Injury Accidents 49 Fatal 0 b. Citations: VBR (Speeding) 206 Yield Right of Way 42 Following too Close 9 Red Light 112 Stop Sign 89 Improper Turn 53 Reckless Driving__8i_ Careless Driving 50 Driving Under the Influence 66 Driving While Suspended 46 Other Hazardous 101 Non-Hazardous 537 Total Hazardous 782 C. Enforcement Index 15.95 i d. Traffic Enforcement Totals Citations: 1,319 Warnings- 443 NOTE: - Part I Crimes (Major Critr:es) Clearance Rate 19.7% 55 Part 11 Crimes (=Minor Crimes) Clearance Rate .9. ,e S-i y 9 N �, y -- o to t5- *3 f f i C7'1 o H CIQ PATROL S � PATROL DRIVING DIRECTED PATROL TRANSPORT rz _ PRISONER , �`-• J COURT CLASSROOM TRAINING DISPATCH OFFICE COMMUNITY (.� \ RELATIONS \ REPORT WRITING �+ ACADEMY SPECIAL DETAILS l vADMINISTRATIO J OTHER OTHER OTHER TOTAL HOURS Rv -4U' K OF DAY WORKED f` G d H CITATIONS ~ ~ 1 •j � 1 H i n WARNINGS :r- WRITTEN WRITTEN H H C WARNINGS I H VERBAL SUSPICIOUS I i PERSONS T 1 - 1 SUSPICIOUS VEHICLES fI � 1 ARREST _ f I ARREST te" DIST VACATION s CHECKS FIR S .`- OTHER If I1 n o z H - - Cn H 11 FA �� LIphone 639-9511 Monthly Report, June 1932 12568 SW Main-Tigard, Or.97223 TO: LIBRARY BOARD CITY COUNCIL FROM: CITY LIBRARIAN Overdue Procedures: The overdue procedure has been revised and implemented this month. l The assistant librarian and library clerk studied our procedure and also those of Tualatin and Beaverton libraries. The result has been a simplification through use of new forms, elimination of repetitive pulling and filing of cards and a standardized lost ; board. The grace period has been lengthened to two book charge approved by the library weeks instead of one. Factors being monitored are number of first and second notices being sent, book return rate, and lost book monies collected. Already noted is a decrease in number of first notices sent and decrease in time spent preparing first notices. 1982-83 Budget: City Council approved 1982-83 library budget as proposed and approved by budget committee. Senior Outreach: Large print collections are being delivered monthly to the King City Library and King City Convalescent Center. The associate librarian has visited both agencies and will be planning for some programming at King City Convalescent Center in the fall. The associate librarian will be responsible for the large print collection development this FY. He will also study the feasibility of increased large print dis- tribution and programming through other agencies for seniors, e.g. , the Tigard Senior Citizens Center. Citizens At a city managers/city librarians joint meeting on June 24, WCCLS Proposed Levy, the five-year budget projections of each library were presented and discussed. There was much discussion and some disagreement on how realistic sor.:e of the projections are. Some cities `Olt that the prospect of gaining voter approval for a levy sufficient to help cities support these projections were highly unlikely. Others expressed opinion that projections reflected a reasonable level of service that should be advocated. The WCCLS coordinator was asked to prepare two sample levy budgets for the next meeting (August 5, 1982). One budget will be based on 60% support for cities, reflecting current average out-of-city circulation. A second budget.will be based on 60% of the average cost of circulation (based on 1981-82 figures) and applied to each library's total circulation Figure. Volunteers: Nineteen volunteers corked a total of 218 hours, a daily average of 8.4. work Indicators: June '82 June '81 Adult books 6664 6155 Juvenile Books 3210 3041 Interlibrary Loan 99 77 470 262 Magazines Records/Cassettes 143 189 Other 38 44 Total Circulation 10,624 9,770 .,I',cport,. Ju:ie 1982 - p3,c 2 F ,r ', -2 130, rd 111111111111112 June '82 June '81 Work i.cators'. 22 21 Day (,_47 Service 483 376 Ll aily circUlntion 9% cireUjntl_OrL 389 11 I I . -Ivisory 500 U-- -r-,,-c-%co L% /eadcr s 385 3` zt I s770 Added 361 S t:i tll(l rinal A 127 pre-sc!1001 Hour Attendance 46 school age borro,.-ors; N'ew/ReneJ..7_-IS 246/141 224/ Money Collected: $11.90 $47.24 ]Fine/1-lisc. Replacement 29.50 76.20 Lost Books 45.80 1.00 Donations Total Circulation 1980-81: 98,837 Circulation 1981-82: 109641 Total Circu 10,,804 Increase 11% increase over 1980-81 --est circulation for childr I en's material since Youth Services: June, 1982, saw the largest 1/3 of the month's total- 3210, accounting the library began -- for almost 266 registrants, also a record number over last year's 155. The summer reading program has campaign was carried out involving the Tigard School A many-faceted, concerted publicity es (both city and library), posters BurgerKing placer.-,ats, newsletter Stori District, I news items and school" colored by a volunteer and placed in the major stores, TIGARD TIMES visits by the associate librarian. In addition to the reading program, the pre-school story times continue. Attendance has increased to an average of 14, with a record 27 on June 30. There are also summer story . 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Q O O W d P. H O co crl rn O O 4-3 tj V 00 0 H coV G sc c0 i y cd tlJ In glaltrk5;eY M vlO O N CL) O ! �Q N Co O H U w` iaafd � N(X) N N 0 4 IJ.I cd O 6 1 CC C)l C3 �0 F lc.i W o o c13 � p 1) I M vl N CC d b �a Q - r4 N c N �D �Gl H N N -CO U cc..I J.J t 4JS4S4 cJ V) U €=� 'Ej '.may J N O% %D to it 7 8 Q cl .–I N �O cu ca1 CO b O c0 O y •Z -O N f U _4 r-4 r-4 It QN coO r t- N crl u'1 U W U co —4-IrnO 1 1 7 � 1 P ? .1 Vr N c'1 0 0 0 T It �G,��•._...#.:.1=ir'_��-".yam:-.� --i"_ !�S3s$.--t'�"�'��,.=.+�cLc�.�K..�.�J�-".�`�*�iit°'�19az's•�r�� - � 'Y"- �Gac--�-.' MEMO TO: CITY COUNCIL DATE: JULY 26, 1982 FROM: BUILDING DEPARTMENT SUBJECT: MONTHLY REPORT FOR MONTH OF JUNE, 1982 June's building activity included permits for 13 signs, 8 single family residential, 4 residential alter & repair, 1 commercial, 5 commercial alter and repair, 1 demolition and 2 swimming pools for a total valuation of $ 795,268.00. 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G C 0 C rn rnlo � U � O O O r r r r 7 0 3 r r r En O W U N N N v a O H O CD M 2 O C s s M WPO4 W r D X M MC', v W N A W cn u z s o C — N G/ oo d I i W O N 'o H .D O M F — o+ 2 W [n L7 a ty =1 C N N �D p a a H Cli ao t H W v v s [z� o warn - £ W s F 5 r F Z f0-� b r o y O u C ? C 7 Na, A W Cul L r — y bE- O O O cJ .. Ln :.J •� O L d co .. E .'E O O ? N O v C U cD v Ln I b k' m .G+ ur m Ol O H H b Ol b cn C.7 y L 4) P+ N 0 c6 (([[s) R W u v O N O W ami W y w O C 0. W H a H InL O % H H y w m u W O .0 Z co v pWi C 4j w F N •H m u O ' P4 ?�C H N C H al 6 N C a s m a ca u w H H w o H a r [°+ c O H U _r M E M O R A N D U M TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BOB JEAN, CITY ADMINISTRATOR DATE: JULY 19 , 1982 SUBJECT: GOAL REVIEW WORKSHOP, SUNDAY, 8/29/82 AND ADMINISTRATOR' S PERFORMANCE REVIEW, 8/30/82 ( ?) I feel that we need to have a half-day Goal Review Workshop with the Council . In discussing this with several members of the Council , it seems that a Sunday afternoon would be most appropriate. We could meet either at City Hall , or the Mayor and I have both offered our homes for such a Workshop. If this date is workable, we can then determine a later time and place for my Annual Performance review, perhaps Monday evening, August 30 , 1982? RWJ : dkr 1 DATE: July 8, 1982 TO: CITY COUNCIL FROM: PLANNING DEPARTMENT-V SUBJECT: NPO # 5 Membership Appointments The Planning Commission recommended the following inidividuals be appointed to NPO # 5. 1. Debra Naubert 2. Sharon Takahashi 3. Chris Vanderwood All of these people live within the Tigard City Limits. l M Q N P O A P P L I C A T I O N QUESTION: What are NPO's? ANSWER: The function of each NPO is to be involved in all phases of the Comprehensive Planning process and the implementation of those plans; to review City plans; policies, projects or other actions affecting the livability of the neighborhood, including, but not limited to, land use, zoning, housing, community, facilities, human resources, social and recreational programs, traffic and transportation, environ- mental quality, open space and parks; to participate in the process of determining City priorities for capital improvements and development of specific project plans; to keep the neighborhood informed; to seek neighborhood opinion on issues brought before them; to represent the views of the neighborhood in matters of extra neighborhood importance_ PLEASE COMPLETE THE QUESTIONS BELOW NAME i ADDRESS/t/3(o_T SQ- Rn164 Of TELEPHONE NUMBER (Bus.)s,?S�8 3?Z�G (Res. PRESENT OCCUPATION �L�.�r �lir�-ams FIRM NAIME, 41- HOW LONG HAVE YOU BEEN EMPLOYED W H THIS FIRM? Is THIS COMPANY LOCATED WITHIN YOUR NPO AREA? HAVE YOU BEEN INVOLVED WITH: MUNICIPAL OPERATIONS BEFORE? -20 � IF YES, PLEASE EXPLAIN YOUR INVOLVEMENT: � P�io� �e ��• .,12?r�.c�Gc/Q�ir� �l�rrr �..mo/) r7�� 4 2Q �J�� 1�o��nArO T r�.s�PPr�rrFS.t p[Z1.�22 T /J7.i CX'Fi�r WHAT DO YOU FEEL YOU CAN OFFER AS A MEMBER 'OF AN NPO? J ADDITIONAL COJIS NTS: . z DAYTIME TELEPHONE NUMBER �� INVENTORY OF CITIZENS ( SuQQes ted for COmr,_ISRi t Service / DATEI +F I RES . PHO--Eekk : _ /(j BUS . PHONE DRESS .ENGTK OF RESIDENCE IN TIGARD S SUGGESTED BY HERE DID YOU LIVE PREVIOUSLY? GE MARITAL STATUSCHILDREN Z DUCATIONAL BACKGROUND CCUPATIONAL STATUS AND BACKGROUND i i Rl OUS COMMUNITY ACTIVITY G-AINIZATIOtiS AND OF ESrf ^ 'THER INFORMATION (GENERAL REMARKS) 4eA (h hz u 6.2 30 "DS OR COi%u4ITTEES INTERESTED IN , v r/✓�/ Date Received at City Hall _ Date in )ate Appointed Board or Commi-ttee 4 y N P O A P P L I C A T I O N QUESTION: What are NPO's? A\StitiER: The function of eathe ch NPO is to be iml plementationofhases of those the Comprehensive Planning process and projects or other actions plans; to review City plans; policies, p but not limited affectd, incl ing the livability of the neighborhofacilities, human resources, to, land use, zoning, housing, community, social mental and reyTeopentionspace andal mparks; to pars, traffic ticipateoinathe nprocess on- -of determining City priorities for capital improvements and development of specific project plans; to keep the neighborhood informed; to seek neighborhood opinion on issues brought before them' or represent the views of the neighborhood in matters of extra neighborhood importance. PLEASE COMPLETE THE QUESTIONS BELOVI ADDRESS_\�A� TELEPHONE NUMBER (Bus.) (Res.)(L�C1-345g PRESENT OCCUPATION FI RM NAIIE HOW LONG HAVE YOU BEEN EMPLOYED WITH THIS FIRM- IS THIS COMPANY LOCATED WITHIN YOUR NPO AREA? HAVE YOU BEEN INVOLVED WITH MUNICIPAL OPERATIONS BEFORE? a& IF YES, PLEASE EXPLAIN YOUR INVOLVEMENT: WHAT DO YOU FEEL YOU CAN OFFER AS A MEMBER OF AN NPO? ADDITIONAL COMMENTS: r- DAYTIME TELEPHONE NUMBER �-r�C� "3�1�J 1 f July 22, 1982 MEMORANDUM TO: Mayor and Council FROM: Linda Sargent, Administrative Assistant SUBJECT: Sign Code Status Report Staff has met with a Chamber of Commerce Committee (Floyd Bergmann, Cheryl Kuhn, Chuck Samuel, Allan Paterson, Jerry Scott) July 7 regarding the revision of the sign code ordinance. Legal Counsel has advised staff to include a member of the Oregon Electric Sign Association on the Committee. The Committee will meet again on July 28. Staff has briefly discussed the mission of the Committee and enforcement problems with the Planning Commission on July 6 and 20. Ed Walden, Building Official-, will discuss enforcement problems with the Planning Commission August 3 and a public hearing on the revised sign code ordinance is scheduled for August 10. Staff is consulting Legal Counsel on the issues of amortization, public notice, and sign code control/LCDC (Oregon Electric Sign Association v. the City of Beaverton). Staff is targeting for a sign ordinance to be brought before Council for approval August 16. A recent sign code enforcement issue has surfaced involving Law Rhododendron Nursery. Staff has attempted repeatedly to assist Mr. Law in conforming with the sign code and not penalize his business. These attempts have proved unsuccessful and Mr. Law has been cited again. (See attached sign violation reports). LS:lw CITYOFTWAPD WASHINGTON COUNTY,OREGON July 19, 1982 e MS. CHERYL BESHEARS KUHN TIGARD AREA CHAMBER OF COMMERCE e'_GJzr- EL- 12995 S.W. PACIFIC HIGHWAY TIGARD, OREGON 97223 Dear Cheryl: As.Iyou requested in our meeting of July 7, enclosed please find: 1) the exist- ing Sign Code Ordinance; 2) the original 1971 Ordinance; 3) a discussion draft Ordinance prepared by the Planning Department; 4) a rewrite of the Code submitted by the Building Department; and 5) a matrix comparing the discussion draft, the existing code and various revisions. Staff has scheduled a meeting of the Committee on Wednesday, July 28, 1982, at 5:00 ppm. in the conference room at City Hall. During this meeting the following items should be addressed related to the Sign Code: 1) Temporary sign permits for special sales; 2) Real estate signs (clarification on directional signs) ; 3) Types of signs now prohibited by Code clarified (service station signs, special sales, sales banners for season sale products, spring sales for lawn and garden products, summer sales for lawn furniture, Christmas time sales) ; 4) Reader board/roof signs in residential/commercial zones; 5) Administration and Enforcement; 6) Time and temperature signs; 1 7) Amortization of signs; 8) Billboard regulation (implement through map?) ; f l 9) Off premises signs; and 10) Non-conforming signs. Hopefully, staff and the Committee can pull together a revised Sign Code K I Ordinance by the August 3 Planning Commission meeting and to City Council by August 16. If you have any questions, please do not hesitate to contact me. i Very truly yours, 4 �CIYY OF TIGA LS : dkr AL—i /a Sar e , g CC: Planning Commission Administrative sistant Tony McCasl�ne P.O. BOX 23397 TIGARD, OREGON 97223 PH: 639-4171 Attachment Business directory sales begin Advertising sales are now under- Vol. IV, No. 11 -Tigard Area Chamber July'16, 1982 way for the 1983 Tigard Area Business Directory, one of the most Some of the specific issues being banners and other attention-getting effective, low-cost ways for local retailers to get in touch with the addressed by the 6fy/chamber devices? (Present code allows j shopping Public committee are temporary signs and banners only Preliminary plans call for a 48- Readerboards--•Should the city during the grand opening of a neve loosen its restrictions on readerboard business.) page directory of Tigard business and industry,with full-color covers,a signs for businesses? (The present Administration — Who should guide to community services, and a code allows readerboards only when they are affixed to outer walls.) administer the city sign code, the list of local civic organizations. ._ Off-premise signs --- Under planning director or the building A new feature of the businessofficial?what circumstances should the city directory will be a four-page,pull-out allow a business to locate its sign The sign code revision committee coupon section,printed in color ink- away from the premises of the would welcome any comments or The publication will be distributed business?A business may want to do suggestions from members of the in the fall to 20,000 homes and this, for instance, if it.is located business community. If you have businesses in the 97223 zip code. several yards off Pacific Highway something to say on the subject, Directories also are distributed and traveling motorists would fail to don't delay-, code revision will be throughout the year by Newcomers, see an on-premise sign.(Present code completed within the next few weeks. Inc., and by the Chamber office to does not allow off-premise signs.) Call Floyd Bergmann at Floyd's new residents of the area Temporary signs — To what Restaurant, Allan Paterson at The Tigard Area Business Diree- extent should the city liberalize its Century 21 Realty,or Cheryl Kuhn at tory is now in its fourth year as an restrictions on temporary signs, the Chamber office. in-house publishing venture of the Chamber.All phases of sales,design and production are managed by �x Chamber staff ' - t Questions about directory adver- tising should be directed to Cheryl at fi s s R ' � . ♦ the Chamber office, 639-16:56. Glen Walker walked e� f �rd s I� �"� �"x'��►!��.• ��,,,, "�„�•�' -, ,�, off with top touma- ' ,� x spent honors for the regulations second year in a row QJ at the .lune 25th e r rev 0�� !Movers & Shakers und ` Golf Tournament. Glen dazzled the For the second time in 10 years, field with sone-over- Chamber delegates are meeting with � x r x ., par low gross of 73. city staff members to revise and1< %M2w ,, More photos of the update municipal ordinances deal- sixth annual tourney ing with signs. , z� �•� � �' are on pages�4 and 5. A 1974 city-chamber stud resulted ' ty Y a � -,� P in a thorough re-writing of sign € regulations.The 1982 project is less ambitious, seeking only to stream- line the present code and to make some minor revisions which will '. s' benefit the local business community. I z W y. a U 00 w H O H w w ww w w O Cr.4H w O U) > �C °a o W O O a o 0 _ z o z D U H a w o H H H UWJ a w H u z a W • o E- " 0 -' x o w H a s` 4 z U) vwi w a na o H F o w a a o CD n o H Z F• z >4 � `AW a ) o E. a o C4 E- 0 a H H oU 0 E- a a o Cf) W z O O 2-I E-� 3 O S W U W Z H N O W a x x x U Z U E� O Z a H M 3 C7 �rs Hu 30z oa Hzv- m 0EH w U � o O " W z H aW 04 z W x s H < > O �L x W O C7 W z z ,cc G H 0 E. 0 N U) O 0 U D a O 0 z H x H < x w �D W U) x a 0 O U7 a 0 H 3 0 z 3 W a �N-I -+ H W O H H E, z z 2 �l 0 w u Z Z a Z Z a z 0 U z a Z D a 4 z H H H H W O xo 0 �t < < O U O w O U O E H Z x U H H W a Q a 6 cHi� a z a E+ E• H w x H Ei E, U H Z H H < < z x U 0 z O U U H H U 0 w aon a H U OW UWn O x UWn HO Uwn O 3 Uwi c(n z wx w a > i o O o 0 0 � E .-I H N O W O W L O O E c. 0 N z 1- [ 3 H O H O x W 1.0 H W i H Q } aG F E, O W Z U } cn CQ y, H H I ow o a o+ Lnz o a -� x N z Un M E rdi W r�i z O O 0 0 M <ch 0 O a 0 a O z a o w O H O H O E U? Z O W O H . '-' c 04 c h D �r w 4 a c cn a N � z d O d z O W H W O H z O � O r� O z O w U Z O a O H 2 (' o a H a .+ o w z z a u H Z U) .W] z cY U x ri fHI u O W H H Z W 54 O H Z a N O M W r"'I X 0 61 M ON N O� O O O s ow O 0 z c O O O a '--I C N'".i N N i t I U') 1 � Cf) 0 w x H �C w z El x o w W `x z a G H a H W co f O W w I W OU U I U] W z o x C) w o ff O o o O a o a a oM M O Zr z r+ c z o w o h CHS o a C) z � o o E- o ff O E- H ' U) co "Z v' E+ x m a Go � H o a � O (D �r Z W N w W x .D o �o s 44 w �o � s w HO 10 H o w W .� a .-a to •-i D •--I i r0 H .--t > fn DISCUSSION DRAFT REWRITE EXISTING 1971 PLANNING BUILDING COMMENTS 16.12.020 202 16.04.041 16.12.020 SIMPLIFIED LANGUAGE. LESS SUBJECTIVE APPLICATION APPLICATION LANGUAGE IN REGARD TO COMPATABILITY, COLOR AND LETTER STYLES. (IN BLDG. REWRITE DETAILED REQUIREMENTS) . 16.12.030 202.2 16.04.042 16.12.030 LANGUAGE SAME. FEES INCREASED. FEES FEES REINSPECTION/REPAIR PERMITS? (IN BLDG. REWRITE, NO SET FEES, FEES ESTABLISHED BY COUNCIL RESOLUTION) . 16.12.040 16.04.043 16.12.030 SIMPLIFIED LANGUAGE. CHANGED "BUILDING WHEN NULL AND VOID EXPLANATION OF PERMITS OFFICIAL" TO "PLANNING DIRECTOR". 16.04.050 16.12.040 INSPECTION PROCESS. GUARANTEES PROPER INSPECTION INSTALLATION OF EACH SIGN. 16.12.050, 16.40.010, 202.4 16.04.060 16.12.050 EXEMPTED SIGNS COMBINED IN ONE SECTION. 16.40.020 EXEMPTIONS 16.04.040, 16.40.010, 401,402,403 16.04.070 PROHIBITED SIGNS LOCATED IN ONE SECTION. 16.40.095, 16.44.040 404,405,406,407 PROHIBITED SIGNS 16.04.080 203,410 16.40.090 SAME LANGUAGE. C-3 CHANGED TO C-5 OUTDOOR ADVERTISING SIGNS (HIGHWAYS, COMMERCIAL) . 16.36 16.04.090 16.36 SIGNS BY ZONE SIGN DISTRICTS SIGNS BY ZONE 16.04.091 301 16.36.020 16.36.020 NAMEPLATES/REAL ESTATE SIGNS ARE COVERED SINGLE FAMILY UNDER THE EXEMPTED SIGNS. SUBDIVISION SIGNS REMAIN SAME EXCEPT THE 16 PER DISPLAY OMITTED. Continued. . . PAGE 2 1 i U) 0 a w ,a CA W a m w W H (n W W H Z O H w C4Cay H H uU O Hn a a O Ux7 0 W O < z H '' h '' twz Z 0 H z WP H O H W Wa p ON 0.', U 0 W H (n O Co H W W (L ko 0 w H O H z U cn a H a o C7 F+ tz O X a w U) H a cwg4 x Lao no W0 0 (n OO W 0 H Z C7 x Z < Z Z Z w U W CZ O 0 W H C7 H - w w a O u iO U \ x a z O x H C7 H (n > r9I z 0 VH] U] H .-1 z a W 0 U 94 H x H H z H rw-1 U < W W z Z U Z H u) W H x X H U CA a s cn W 0 x H H 0 H W Cia H • W X H H W FCC o a h a a 0 W W >- 00 w F-4 W � H W W Cia 44 a O H O 0 w U C4 a1 N 0 (n O D. O H � x 3 z Cn H 0 W H 1 �--1 l0 W a+ Q. U a H U C7 FL ul H a H 1 M w 04 C14 Z O Z W H O �S W I 1 0 0 0 a a: E 0 Z U 0 W H 0 a so W W (n I N Z H H H to Z (n w zHHw 0o xw aacn U) < U) E-4 ra w c) 0 _, w H a 4, w � H wHKC < za (nH < (� o z W z (� < a z a U) x z (n H O z W z H Z O 0 W 0zw0 (n WzHa W as W Hors HcnwC7 r-4 U) U x H z ZU CZE < p .H-1 U a Ewa W O U `\' U) (Hn z w (i W W O U W H W H H a 0: D o 0 Z W Z W Cz+ W H O W W U CA 0 (n v] LL O E a U l< (n = (/] O a O N O O p O C W z o z o 0 0 0 H 0 l0 0 (n l0 ('�'I M M 3w H th W < (.7 a CDA .moi W U) En io �1 I a a z H o U H 0G U) W w H >. 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X to lCt -4 -4 W a tl. W .-, r, r-I ,-I rt cn 4. • .f CIWOFTIOARD WASHINGTON COUNTY,OREGON July 19, 1982 1 MS. CHERYL BESHEARS KUHN J�� -S-,6 TIGARD AREA CHAMBER OF COMMERCE G`j�G SiG-/h d EL 12995 S.W. PACIFIC HIGHWAY TIGARD, OREGON 97223 Dear Cheryl: (: As.'you requested in our meeting of July 7, enclosed please find: 1) the exist- ing Sign Code Ordinance; 2) the original 1971 Ordinance; 3) a discussion ¢¢ draft Ordinance prepared by the Planning Department; 4) a rewrite of the Code submitted by the Building Department; and 5) a matrix comparing the discus inn draft, the existing code and various revisions. CStaff has scheduled a meeting of the Committee on Wednesday, July 28, 1982, at 5:00 p,m. in the conference room at City Hall. During this meeting the following items should be addressed related to the Sign Code: F' 1) Temporary sign permits for special sales; 2) Real estate signs (clarification on directional signs) ; 3) Types of signs now prohibited by Code clarified (service station signs, special sales, sales banners for season sale products, spring sales for lawn and garden products, summer sales for lawn furniture, Christmas time sales) ; 4) Reader board/roof signs in residential/commercial zones; 5) Administration and Enforcement; 6) Time and temperature signs; 7) Amortization of signs; 8) Billboard regulation (implement through map?) ; 9) Off premises signs; and 10) Non-conforming signs. Hopefully, staff and the Committee can pull together a revised Sign Code Ordinance by the August 3 Planning Commission meeting and to City Council by August 16. If you have any questions, please do not hesitate to contact me. Very truly yours, XLi* OF TIGA LS dkr a Sarge , r CC: Planning Commission Administrative sistant Tony P.O. BCiX 23::':' TIGARD, OREGON 97223 PH: 639-4171 Attachment i Business SJ" � d i recto r r vV r i h sales begin Advertising sales are now under- Vol_ IV, No. 11 Tigard Area Chamber July 16, 1982 way for the 1983 Tigard Area Business Directory,one of the most effective, low-cost ways for local Some of the specific issues being banners and other attention-getting retailers to get in touch with the addressed by the cp%y/chamber devices? (Present code allows shopping Public. committee are: ; _ temporary signs and banners only Preliminary plans call fora 4& 'Readerboards�•Should the city during the grand opening of a new P directory of Tigard business loosen its restrictions on readerboard business.) andindustry,withfull-colorcovers,a signs for businesses? Me present Adminietration -- Who should guide to community services,and a code allows readerboarda only when administer the city sign code, the they are affixed to outer walls.) list of local civic organizations. planning director or the building; Off-premise signs — Under officiate A new feature of the business what circumstances should the city directory will be a four-page,pull-out allow a business to locate its sign The sign code revision committee f coupon section,printed in color ink. away from the premises of the would welcome any comments or F 3 The publication will be distributed business?A business may wantto do suggestions from members of the in the fall to 20,000 homes and this, for instance, if itis located business community. If you have businesses in the 97223 zip code. -several yards off Pacific Highway something to say on the subject, Directories also are distributed and traveling motorists would fail to don't delay-, code revision will be throughout the year by Newcomers, see an on-premise sign.(Present code completed within the next few weeks. f Inc., and by the Chamber office to does not allow off-premise signs.) Call Floyd Bergmann at Floyd's new residents of the area. Temporary signs -- To what Restaurant,. Allan Paterson at The Tigard Area Business Direc- extent should the city liberalize its Century 21 Realty,or Cheryl Kuhn at tory is now in its fourth year as an restrictions on temporary signs, the Chamber office. in-house publishing venture of the Chamber.All phases of sales,design and production are managed by Chamber staff. Questions about directory adver- tising should be directed to Cheryl at4� i the Chamber office, 639-1656. }} -� �. �F Glen Walker walked Q rd sign off with top tourna- }. Trent honors for the re g u I a`I®n S a =; � ��, z�� second year in a row �� R` = at the June 25th un der review : a ,,, f Movers & Shakers t''"` ^'- =� ^- Golf Tournament. For the second time in 10 years, ti� TM-s - "`" >n � Glen dazzled the Chamber delegates are meeting with ' ' ""� ' ' "'' field with a one-over- city staff members to revise and { '; �� !Ma"-` `T par low gross of 73. ' w�3 " More photos of the update municipal ordinances deal "' y sixth annual tourney ing with signs. A 1974 city-chamber study resulted r S� � t are on pages 4 and 5. in a thorough re-writing of sign regulations.The 1982 project is less h M ambitious, seeking only to stream- line the present code and to make Y - R some minor revisions which will benefit the local business community. r DISCUSSION DRAFT REWRITE EXISTING 1971 PLANNING BUILDING COMMENTS 16.04.010 101 16.04.010 16.04.010 EXISTING LANGUAGE WORDY PURPOSE & SCOPE PURPOSE & SCOPE PURPOSE 16.04.020 102 16.04.020 16.04.020 BUILDING OFFICIAL OMITTED; REPLACED BY SHORT TITLE SHORT TITLE DEFINITIONS PLANNING DIRECTOR 16.08 103 IN BUILDING REWRITE, BUILDING OFFICIAL DEFINITIONS DEFINITIONS CHARGED WITH ADMINISTRATION AND ENFORCE- MENT OF ORDINANCE. 16.20.010 201 16.04.030 FOR ORGANIZATIONAL PURPOSES,• THIS GENERAL REQUIREMENTS ADMINISTRATION GENERAL PROVISIONS SECTION WAS PLACED IN BEGINNING OF AND ENFORCEMENT 16.14.031 ORDINANCE. GENERAL REQUIREMENTS 16.44.030 409 16.04.032 GENERAL PROVISIONS FOR ALL SIGNS; iAINTENANCE STANDARDS-- MAINTENANCE--GENERAL REORGANIZED WITHIN THE PROPOSED VERSION GENERALLY STANDARDS SECTION 16.04.032, COULD BE RENAMED TO 16.28.030 TO INCLUDE ABANDONED SIGNS. 16.04.033 SECTION IS REDUNDANT AND SHOULD BE ABATEMENT OMITTED EXCEPT THE LAST SENTENCE WHICH COULD BE INCORPORATED INTO SECTION 16.04.32 16.48.030 503 16.04.034 SAME LANGUAGE WITHOUT DOLLAR AMOUNT. VIOLATION--PENALTIES PENALTIES 16.28.040 209 16.04.035 16.28.010 NO LANGUAGE CHANGE. SIGNS IN SETBACK AREAS SIGNS IN SETBACK AREAS SIGN REMOVAL 16.12.010 202 16.04.040 16.12.010 REDUCED LANGUAGE (IN BUILDING REWRITE, PERMITS REQUIRED PERMITS ELABORATION OF SECTION) . Continued. . . --ti .AGE 1 p za z 7 p F 7 O W O W p W H W O H >. CA HA a U W Ln O H H H C7 W a �p7 Iz-i !WA POO P4 � U w H PO co O v E�� O W W z O PO -1 O z V] W cn 0 H w z O H O tI� H H cn n. 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W RC FS H tD D. a .1q poi .o, � -4 U) :+. GL 16. 04 . 010 Title 16 SIGN REGULATIONS Chapters: 16.04 Purpose , Title 16. 08 Definitions 16. 12 Permits 16.16 Licenses 16.20 Identification 16. 24 Nonconforming Signs 16 .28 Removal Provisions 16. 32 Board of Appeals =. 3-4- Appeals to e Planning Commission 16.36 Zone Regulations 16.40 Special Types of Signs 16.44 Construction and Maintenance 16.46 Temporary Signs_ 16.48 Administration Chapter 16.04 PURPOSE, TITLE Sections : 16.04.010 Purpose and scope. 16 .04 . 020 Short title. 16 04 .010 Purpose and scope. The city council finds that to protect the health, safety, property and welfare of trac- the public, to improve the neat, clean, orderly and a4- . tive appearance of the community, to improve the effective- ness of signs in identifying and advertising businesses , to provide for safe construction, location, erection, and main- tenance of signs, to eliminate signs that demand rather than invite public attention and to prevent proliferation of signs and sign clutter, and to minimize adverse visual safety fac- tors to public highway travelers, it is necessary to regulate the design, quality of materials , construction, location, electrification, illumination and maintenance of all signs visible from public property or from public rights-of-way. This title shall not be construed to permit the erection or maintenance of any sign at any place or in any manner un- lawful under any other ordinance or state or federal law. (Ord. 71-5 §101, 1971) . 188 (Tigard 1/15/77) 16 . 04 . 020--16 .08 .010 ( 16.04 .020 Short title. The ordinance codified in this title shall be known as the "sign ordinance" of the city of Tigard and may be so cited and pleaded and shall be referred to herein as "this title. " (Ord. 71-5 §102, 1971) . Chapter 16.0 8 '. • DEFINITIONS Sections : 16.08.010 Generally. 16. 08 .020 Area. 16.08.025 Bench sign. 16.08.030 Billboard. 16.08.050 Business . 16 .08.060 Business of outdoor advertising. 16.08.070 Construct. 16.08 .080 Cutout. 16.08.090 Display surface. 16.08.100 Electrical sign. 16.08.110 Externally illuminated sign. 16.08.120 Face of a building. 16.08.130 Free-standing sign. 16.08._140 Freeway-oriented sign. 16.08.150 Flashing sign. 16.08.160 Frontage. ' 16.08.170 Incidental sign. ;16.08.180 Incombustible material. 16.08.185 Industrial park. 16.08.190 Internally illuminated sign. 16.08 .200 Maintain. 16.08. 210 Nameplate. 16.08.220 Nonstructural trim. 16.08.230 Off-premises sign. 16.08.240 Outdoor advertising sign. 16.08.250 Person. 16.08.260 Plastic material. 16. 08.270 Premises. 16.08.280 Projecting sign. 16.08 .290 Projection. 16.08. 300 Roof sign. 16. 08.310 Rotating or revolving sign. 16 .08. 320 Sign. 16 .08. 330 Sign structure. 16.08.340 Temporary sign. 16.08.350 Uniform Building Code. 16.08. 360 Wall sign. 16.08.010 Generally. For the purpose of this title, words used in the present tense include the future, the r• ; 189 (Tigard 7/15/78) 16 . 08 . 020--16.08 . 080 i' singular number includes the plural, "shall" is mandatory and not directory and "building" includes "structures" ex- cept "sign structures . " As used in this title, unless the context requires other- wise, the following words and phrases shall have th197eanings set forth in this chapter. (Ord. 71-5 §103 (ps 16. 08.020 Area. "Area" or "area of a sign" means the entire area within any type of perimeter which encloses the outer limits of any writing, representation, emblem, figure or character. The area of a sign having no such perimeter or border shall be computed by enclosing the entire surface area within a parallelogram or triangle, then computing the area thereof. The area of all signs in existence January 11, 19 i1, whether conforming or nonconforming, shall be counted in establishing the permitted sign area of all new signs to be allowed for an individual business on a premises . Where a sign is of a three-dimensional or round or irregular. solid shape, the largest cross-section shall be used in a flat pro- jection for the purpose of determining sign area. (Ord. 71- 5 §103 (part) , 1971) . 16.08 .025 Bench sign. "Bench sign" means a bench designed to seat people which carries a written or graphic message. (Ord. 78-16 §4 (part) , 1978) . C_ 16.08.030 Billboard. For "billboard;" see "outdoor advertising sign, " Section 16.08 .240. (Ord. 71-5 5103 (part) , 1971) . 16 .6:. .050 Business . "Business" means all of the activ- ities carried on by the same legal entity on the same prem- ises and includes eleemosynary, fraternal, religious, -educa- tional or social organizations. "Legal entity" includes individual proprietorships, partnerships, corporations, non- profit corporations, associations, or joint stock companies . (Ord. 71-5 §103 (part) , 1971) . 16 08 060 Business of outdoor advertising. "Business of outdoor advertising" means the business *of constructing, erecting, operating, using, maintaining, .or leasing outdoor advertising signs. (Ord. 71-5 §103 (part).: 1971) . 16.08.070 Construct. "Construct" means to build, erect, attach, hang, place, suspend or affix. (Ord. 71-5 §103 (part) , 1971) . 16 .08.080 Cutout. "Cutout" means every type of display in the form of letters, figures , characters, representations 190 (Tigard 7/15/78) 16 .08 .090--16 .08 .170 or others in cutout or irregular form attached to or superim- posed upon a sign or advertising sign. (Ord. 71-5 §103 (part) , 1971) . 16 .08.090 Display surface. "Display surface" means the area made available by the sign structure for the purpose of displaying the advertising or identification message. (Ord. 71-5 §103 (part) , 1971) . 16 .08. 100 Electrical sign. "Electrical sign" means any sign containing electrical wiring. (Ord. 71-5 §103 (part) , 1971) . 16.08. 110 Externally illuminated sign. "Externally illuminated sign" means a sign illuminated from an external light source. (Ord. 71-5 §103 (part) , 1971) . 16 .08. 120 Face of a building. "Face of a building" means all window and wall area of a building in one plane. (Ord. 71-5 9103 (part) , 1971) . 16.08. 130 Free-standing sign. "Free-standing sign" means a sign erected and mounted on a free-standing frame, mast or pole and not attached to any building. (Ord. 71-5 §103 (part) , 1971) . 16 .08 .140 Freeway-oriented sign. "Freeway-oriented sigh" means a sign primarily designed to be read by a motor- ist traveling on a highway designated by the Oregon State Highway Department as a freeway or expressway; specifically, these shall be Interstate 5, and Oregon State Highway #217, and shall not include U.S. Highway 'k9W. (Ord. 71-5 §103 (part) , 1971) . 16 .08. 150 Flashing sign. "Flashing sign" means any sign which is illuminated by an intermittent or flashing light source or which is in any- other way animated so as to create the illusion of movement without actual physical move- ment or the illusion of a flashing or intermittent light or light source. (Ord. 71-5 §103 (part) , 1971) . 16 .08. 160 Frontage. "Frontage" means the length of the property line of any one premises along a public roadway. (Ord. 71-5 §103 (part) , 1971) . 16. 08. 170 Incidental sign. "Incidental sign" means a sign advertising or identifying associated goods, products, services or facilities available 'on the premises, including, but not limited to, trading stamps, credit cards accepted or brand names. (Ord. 71-5 9103 (part) , 1971) . i 191 16. 08. 180--16.08 .240 16 .08 .180 Incombustible material . "Incombustible ma- terial" means any material which will not ignite at, or below, a temperature of twelve hundred degrees Fahrenheit during an exposure of five minutes and which will not continue to burn or glow at that temperature when tested in accordance with standards established in the Uniform Building Code. (Ord. 71-5 §103 (part) , 1971) . 16.08.185 Industrial park. "Industrial park" means four or more contiguous land parcels arranged so that vehi- cular access to said parcels is by way of a centrally located street or other approved traffic circulation sys- tem. (Ord. 74-51 91, 1974 : Ord. 74-26 91, 1974) . 16.08. 190 Internally illuminated sign. "Internally illuminated sign' means a sign that has an internal source of illumination where the light source is not visible from the exterior of the sign. (Ord. 71-5 §103 (part) , 1971) . 16 .08. 200 Maintain. "Maintain" means to permit a sirn, sign structure or part thereof to continue or to repair orr .refurbish a sign, sign structure or part thereof. (Ord. 71-5 §103 (part) , 1971) . 16 .08. 210 Nameplate. "Nameplate" means a sign iden- tifvirg only the name and occupation or profession of the occupant of the premises on which the sign is located. (Ord. 71-5 §103 (part) , 1971) . 16 .08. 220 Nonstructural trim. "Nonstructural trim" means the moldings, battens , caps , nailing strips and lat- ticing, letters and walkways which are attached to a sign structure. (Ord. 71-5 §103 (part) , 1971) . 16.08. 230 Off-premises sign. "Off-premises sign" means any sign including, but not limited to, a painted sign, tem- porary sign, permanent sign or outdoor advertising sign, which sign advertises goods, products or services which are not sold, manufactured or distributed on or from the premises or a sign which advertises a business or facilities not lo- cated on the premises on which .the sign is located. (Ord. 71-5 §103 (part) , 1971) - 16 . 0 8. 240 971) .16 . 08. 240 Outdoor advertising sign. "Outdoor adver- tising sign" means a sign constructed, erected and maintained by a person licensed to engage in the business of outdoor ad- vertising and which sign is an off-premises sign supported by a substantial permanent sign structure with a display sur- face or display surfaces primarily designed for the purpose f 192 (Tigard 1/15/75) 16. 08. 250 of -painting or posting advertising message thereon at peri- odic intervals , and where customarily , although not exclu- sively , the use of the display surface is leased to other persons . (Ord. '71-5 §103(part) , 16 .08. 250 Person. "Person" means individuals , corpora- tions , associations , firms , partnerships and joint stock companies but does not include governmental agencies . (Ord. 71-5 §103(part) , 1971) . C . 192-1 (Tigard 1/15/75) 16 . 08 . 260--16 .08. 340 ( 16 .08 . 260 Plastic material. "Plastic material" means those materials made wholly or partially from standardized plastics listed and described in the Uniform Building Code or approved plastics which have been approved by the Under- writers Laboratory for use in construction of electrical signs. (Ord. 71-5 §103 (part) , 1971) . 16 .08. 270 Premises. "Premises" means a lot or two or more lots on which are constructed or on which are to be con- structed a building or a group of buildings - designed as a unit. (Ord. 71-5 §103 (part) , 1971) . 16 .08. 280 Projecting sign. "Projecting sign" means a sign other than a wall sign which projects from a building. (Ord. 71-5 §103 (part) , 1971) . 16.08 .290 Projection. "Projection" means the distance by which a projecting sign extends from a building. (Ord. 71-5 §103 (part) , 1971) . 16.08 . 300 Roof sign. "Roof sign" means a sign erected upon or directly above a roof or parapet of a building or structure. (Ord. 71-5 5103 (part) , 1971) . 16.08. 310 Rotating or revolving sign. "Rotating or revolving sign" means any sign, or portion of a sign, which moves. in any manner. (Ord. 71-5 5103 (part) , 1971) . . 16.08 . 320 Sign. "Sign" means an advertising sign, out- door advertising sign, on-premises sign, display, temporary sign, temporary sign display, message, light (other than a device _17ed primarily to illuminate a building or a premises), emblem, device, figure or mannequin, painting, drawing, pla- card, poster or other thing that is designed, used or intended for advertising purposes, or to inform or to attract the at- tention of the public, and includes , where applicable, the sign structure, display surfaces and all other component parts of the sign. (Ord. 71-5 9103 (part) , 1971) . 16 .08 . 330 Sign structure. "Sign structure" means any structure which supports or is capable of supporting any sign as described in the Uniform Building Code. A sign structure may be a single pole and may or may not be an integral part of a building. (Ord. 71-5 9103 (part) , 1971) . 16.08. 340 Temporary sign. "Temporary sign" means any sign, banner, pennant, valance or advertising display con- structed of cloth, c-nvas, light fabric, cardboard, plywood, wood, wallboard, plastic, metal or other similar materials, with or without frames, which is not permanently erected or permanently affixed to any sign structure, sign tower, or 193 16 .08 . 350--16 . 12 .020 building and which is not an electrical sign 9 an internal- 19 ly illuminated sign. (Ord. 71-5 §103 (part) , 1971) . 16 08 350 Uniform Building Code. "Uniform Building Code" means the Uniform Building Code as adopted by the city of Tigard, Oregon, a copy of which is on file in the office of the city recorder and which Uniform Building Code, by this reference, is incorporated in this title to the extent of specific citations thereof in this title. (Ord. 71-5 §103 (part) , 1971) . 16.08. 360 Wall sign. "Wall sign" means any sign at- tached to, painted on, or erected against the wall of a build- ing or structure, with the exposed face of the sign in a plane parallel to the plane of the wall. (Ord. 71-5 §103 (part) , 1971) . Chapter 16. 12 PERMITS Sections: 16. 12 .010 Required. 16. 12.020 Application. 16 . 12. 030 Fees. 16 . 12. 040 When null and void--Renewal. 16 . 12. 050 Exemptions. 16 . 12. 010 Required. Except as provided in this chapter , it is unlawful for any person to construct, structurally alter, or relocate within the city any sign without first obtaining a sign permit from the planning director and making payment of the fee required. In addition, all illuminated signs shall be subject to the provisions of the State Electrical Code . and the permit fees required thereunder. (Ord. 77-89 94 (2) , 1977 : Ord. 71-5 202 (part) , 1971) . 16 12. 020 Application. Application for a sign permit shall be made upon forms provided by the planning director, and shall contain or have attached thereto the following in- formation: (1) Name, address and telephone number of the applicant; (2) Location of the building, structure, or lot to which or upon which the sign is to be attached or erected; (3) A plot plan and a scale drawing of the sign. The plot plan shall be made to scale, and it shall indicate the location of all buildings, property lines, existing signs, �F streets, driveways, and overhead power lines on the premises_ 194 (Tigard 1/15/78) 16 . 12 . 030 the plot plan shall show the approximate lo- C In addition, s and buildings within one hundred cation of neighboring sign feet on either side of the subject remixign is . The scale drawing of the sign shall show the height above the ground, colors, materials, construction, illumination; and source and intensity of any (4) All electrical signs shall bear the Underwriters' Laboratory label; and telephone number of the per- (5) The name, address, construction, or maintenance son who will do the erection, of the sign; plication, including the information required (6) The ap ) through (.5) of this section, shall be sub- by subsections (1ng director . The proposal is opohl re- mitted to the planniacceptable viewed to determine whether the signas com- given its impact on public safety, patibility of the elements of the sign, one with another, the compatibility of the sign with its surrouWdhgthetneedshe gofsthe aesthetic qualities, and its consistency business or businesses to which it relates. considerations heTcriteriase tsetic considerations shall be made according forth in subsection (.7) of this section; (7) The purpose of design review of signs is to improve the quality of design and to attempt to improve the general of the business and industrial community. The in- appearance is to review tent of this process plicant. sNeitherdn is it the perform the design work for the app intention of this code to subtebutra the therpersonal to perform an reviewer for that of the app icant s of the proposed sign according to the objective analysi the design standards embodied in this section. In director and,. in engthe event of of sign proposals the planning an appeal, the design review board, shall consider particularly the following: (A) Letters, including: ( i) Style, for legibility and continuity, ( ii) Size of copy, in relation to background, (iii) Amount of copy, in relation to sign size, (B) Colors, including: ( i) Compatibility with building colors, ( ii) Compatibility with each other, (C) Overall design as it relates to the building and suitability to the location. (.Ord. 77-89 §4 (3) , 1977 : Ord. 71-5 §202 (l) , 1971) . 16.12 . 030 Fees. Each applicant for a sign permit as a condition precedent to the granting of such permit shall pay to the city with respect to the proposed construction, required or relocation of a sign for which a permit as follows: 195 (Tigard 1/15/78) 16 .12 .040--16.12 . 050 r Area of Sign In Square Feet Permit Fee 0--25 $10 . 00 25--100 25 . 00 100 25 . 00 plus $10 .00 for each added 100 square feet or fraction thereof to a maxi- mum of $100. 00 . REPAIR PERMIT AND FEE. Whenever it is proposed to remove a sign from its supporting structure for the purpose of repair and maintenance, an application for repair permit shall be filed with the building official in prescribed form and the building official shall refuse to issue such permit if the application pertains to the construction, structural altera- tion or relocation of any nonconforming sign. Asla condition precedent to the issuance of such permit, the app ant shall tender therewith the sum of five dollars as a permit fee which shall be refunded in the event that the permi is not issued. (Ord.75-7 §1 , 1975: Ord. 71-5 §202 (2) , 16 .12.040 When null and void--Renewal. Except as pro- vided in this section, if work authorized under a sign permit has not been completed within ninety days after the issuance r of the permit, the permit shall become null and void. Such a permit may be renewed for up to an additional ninety days and without cation to the building official and wcharge upon appli ithout c by him that the sign complies with all regulations a 'findiin existence on the date of renewal and which may become ef- fective during the renewal period. (Ord. 71-5 §202 (3) , 1971) . 16.12. 050 Exemptions. The following signs and opera- tions shall not require a sign permit but shall conform to all other applicable provisions of this title: (1) Real estate signs not exceeding twelve square feet in area advertising exclusively the sale, rental or lease of the premises upon which the signs are located; i i i i i 195-1 (Tigard 1/15/78) 16 . 16 .010--16 .16 .030 (2) Nameplates not exceeding eight square feet in area; (3) The changing of the advertising copy or message on a painted or printed sign or advertising sign or upon a theater marquee or similar sign specifically designed for the use of replaceable copy; (4) On-site painting, repainting, cleaning and normal maintenance and repair of a sign; (5) Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials; (6) A sign denoting the architect, engineer, contractor, subdivision or development when placed upon work under con- struction, and not exceeding thirty-two square feet in area provided that such sign is removed within thirty days from date of issuance of the final occupancy permit or two years , whichever is less; (7) Signs permitted pursuant to Sections 16 . 36.020 and 16 . 36.030 and Sections 16 . 40 . 010 through 16 .40 .030. (Ord. 71- 5 §202(4) , 1971) . Chapter 16 . 16 LICENSES { Sections : 16 . 16..010 Trade--When required. 16 . 16 .020 Outdoor advertising--Fee. 16 . 16. 030 Hearing. 16 16 010 Trade--When required. Except as provided in Section 16 . 16. 020 , no person shall in the business of hang ing, rehanging, placing, constructing, installing or struc- turally . itering, or relocating any sign or electrical sign, projecting sign or roof sign, except those signs which do not require sign permits under Section. 16 . 12.050 , without first having obtained a sign trade license from the building official. (Ord. 71-5 5203 (1) , 1971) . 16 16 020 Outdoor advertising--Fee. No person shall engage in the business of outdoor advertising without having obtained. a business license as required by Section 5.04.030 , relating to the licensing of trades , shops, occupations, professions, businesses and callings, and shall pay a busi- ness license fee of twenty-five dollars. (Ord. 71-5 §203 (2) , 1971) . 16 . 16. 030 Hearing. If the building official finds that any holder of a sign trade license or an outdoor advertising 196 16 . 20 . 010--16 .24 .010 license has failed to comply with the provisions of this title, he shall notify the city council before the expira- tion of such person's license. The city council may, after a public hearing at which all interested persons shall have the right to be heard and offer oral or written testimony, refuse to renew the license of such person if it finds that the licensee has failed to comply with the provisions of this title or other applicable city ordinances . (Ord. 71-5 9203 (3) , 1971) . Chapter 16 .20 IDENTIFICATION Sections: 16.20 .010 General requirements. 16 20 010 General requirements.* Each sign for which a sign permit is required shall have affixed to the sign the name of the sign erector, the date of erection, electrical power consumption in amperes and an Underwriters' Laboratory label, if applicable. Such information shall be in suffi- cient size and contrast to be readable upon inspection. (Ord. 71-5 9204 (l) , 1971) . Chapter 16 .24 NONCONFORMING SIGNS** Sections: 16. 24. 010 Defined--Continuance. 16.24 .015 Continuance--Exception. 16 .24. 020 Located on premises annexed to city. 16 . 24.030 Alteration, relocation or replacement. 16 . 24.040 Types requiring conformance within ninety days of title' s effective date. 16. 24 .010 Defined--Continuance. Except as provided in Sections 16. 24. 020 through 16 . 24.040, signs in existence on January 11, 1971, which do not conform to the provisions of this title, but which were constructed, erected or maintained For removal provisions, see Ch. 16. 28 of this code. ** For removal provisions , see Ch. 16. 28 of this code. r 197 (Tigard 7/15/78) 16. 24 . 015--16. 24 . 040 previous regulations, shall be re- in compliance with all garded as nonconforming signs which may be continued for a period of ten years from January 11, 1971. (Ord. 71-5 9205 (1) , 1971) . 16 24 015 Continuance--Exception. Those signs which - are nonconforming according to the standards in Ordinance No. 77-89 and No. 78-16 may be continued until 3/20/88 (ten years after date of ordinance) except signs which are already non- conforming, as per Section 16.24.010 . (Ord. 78-16 §4 (part) , 1978) . 16 24 020 Located on premises annexed to city. Signs located on premises annexed into the city after January 11, 1971, which do not comply with the provisions of this title, shall be brought into compliance with this title within a period of ten years after the effective date of the annexa- tion. Cord. 71-5 §205 (2)., 1971) . 16.24 . 030 Alteration, relocation or replacement. Any sign which is structurally altered, relocated or replaced shall immediately be brought into compliance with all of the provisions of this title. (Ord. 71-5 §205 (3) , 1971) . 16 24 040 Types requiring conformance within ninety � . days of title' s effective date. Signs in existence on the effective date of this title which do not comply with provi- si6ns regulating flashing signs; use of par spotlights or rotating beacons; rotating and revolving signs; flags, ban- ners, streamers or strings of lights; (or temporary or in- cidental signs) shall be made to conform within ninety days from the effective date c:f this title. (Ord. 72-32 §3, 1972 : Ord. 71-5 §205 (4) , 1971) . Chapter 16 .28 REMOVAL PROVISIONS Sections: 16. 28 . 010 Nonconforming signs. 16.28.020 Signs without required identification. 16.28. 030 Abandoned signs . 16 . 28.040 Signs in setback areas. l 198 (Tigard 7/15/78) 16. 28.010 16 28 010 Nonconforming signs . (a) The planning direc- tor shall order the removal of any sign erected in violation of the provisions of this title. The planning director shall give fifteen days ' written notice by certified mail to the owner of the sign or, if the owner of the sign cannot be notified, to the owner of the building, structure, or premises on which such sign is located to remove the sign or to bring it into compliance with this title. If the owner of the building, structure, or premises upon which such sign is located fails to remove the sign within fifteen days after receipt of written notice from the planning director, the planning director or his duly autho- rized representative may remove such sign at cost to the owner C f_ 198-1 (Tigard 7/15/78) 16 . 28 . 020--16 . 28 . 030 f of the building, structure, or premises, and such costs shall be a lien against land or premises upon which the sign is located and may be collected or foreclosed in the same manner entered in the lien docket of the city . as liens otherwise (b) If the building official finds that any sign or . subsection sign structure is in violation of ion (a) of Section gn by reason of its 16 . 40.040 or Chapter 16 .44 , or that any siediate and serious danger to the condition presents an imm public, the building official shall order its immediate re- moval or repair within a period of time he may specify. (c) The building official , or his duly authorized esuch sign in the event- that the representative, may remov person responsible for such sign cannot be found or if the person, after required notification, refuses t repay 206 , remove the sign. (Ord. 77-89 §4 (4) . 1971) . 16 .28. 020 n. Si ns withouhrerenovaled loentany 1sign owhichhe building official may order does not conform to Section 16 . 20.010 in the manner pre- scribed by this chapter. - (Ord. 71-5 S204 (2) , 1971) . 16 .28.030 Abandoned suns_• Any person who owns or leases a sign shall hen thvitsach dyert�sesnhas1discontinued busi- either the business ness in the city or the business that it advertises up such longer conducted in or upon the premises ao is located. If the person who. owns _or leases such sign Sign fails s remove it as provided in this section, the building ure or official shall give the owner of the daysCtwritten premises upon which such sig notice to removee1t.sixtyfdays 'thesign notice, the building officialhas not been removed at , e expiration of may remove such sign or his duly authorized representative structure or premises . at cost to the owner of the builae'rso, s business or business.' . Signs which the successor to a provided in this title need location agrees to maintain as p not be removed in accordance with this section. duly authorizedn curred 'by the building official, or his duly representative, may be a lien against the land or premises on which such sign is located and may be collected or fore- closed in the same manner a(Ord.liens otherwise in the liens docket of the city. 199 (Tigard 1/15/78) 16 . 28 . 040 r' 16 28 040 signs in setback areas. (a) Where the sup- porting member of any sign (optional floodlight standard) is to be permanently erected or is affixed to the ground with- in a special setback area established pursuant to Title 181 no permit shall be issued for such sign (optional-floodlight standard) until the person who will own the sign and the own- er of the premises upon which the sign will be erected, enter into a written agreement with the city providing for removal I 199-1 (Tigard 1/15/78) 16 . 32.010 ( of such supporting member when necessary. The agreement shall provide that the sign owner and the owner of the prem- ises, their administrators, executors, heirs , successors and assigns shall be jointly and severally liable for removal of the sign after sixty days' written notice from the building official. Such notice shall be given only when public im- provement is to be made within the setback area. The agree- ment shall further provide that if the persons responsible for the removal of the supporting member do not remove it, the city may do so at expense of such person and the cost or expense may be a lien against such land or premises and may be collected or foreclosed in the same manner as liens are entered in the docket of the city. The agreement shall also provide that the owner of the affected premises and the owner of the sign shall not be entitled to any damages or compensa- tion on account of moving or removing of the supporting mem- E ber or standard or portion thereof. The agreement shall be s in a form prescribed by the city attorney and shall be ac- knowledged before an officer authorized to take acknowledg- ments and deeds and who is to authorize the same to be of i record. The city recorder shall cause such agreement to be recorded at the office of the county officer having custody of the deed records for the county in which the affected premises are located. (b) This section shall not be construed as denying the owner of such property the right to compensation for any land taken for widening of any ' street. (Ord. 71-5 X209 , 1971) . . E Chapter 16 . 32 BOARD OF APPEALS i FF C Sections : 16. 32 . 010 Abolition. 16.32. 010 Abolition. The board of sign appeals is abolished. Ord. 74-17 §1 , 1974) . Chapter 16 .34 APPEALS TO THE PLANNING COMMISSION Sections : 16. 34 . 010 Right of appeal. 16. 34 . 020 Variance granting. i 200 (Tigard 2/25/74) Mimi 16 . 34 . 010--16 .34 .030 Sections : (Continued) 16 . 34 . 030 Right of further appeal to city council. 16. 34 . 010 Right of appeal. (a) Any person who has been ordered by the building official to remove a sign, whose application for a permit or license pursuant to this title has been refused, or whose permit has been revoked, may appeal to the city planning commission . Such appeal shall not stay any action directed by the building official in any case where the building official determines that immediate action is necessary due to an unsafe condition of a sign creating an immediate hazard or danger to the public. (b) Any appeal to the planning commission shall be filed within thirty days after the final determination of the building official from which the appeal is taken. The planning commission shall hear the appeal and make its determination within thirty days after filing of the appeal. All decisions of the planning commission with respect to matters under this chapter shall be reported to the city council . ' (c) Any person who has applied to the planning director for a sign permit pursuant to the provisions of Section 16 .12- . 020 may appeal the planning director' s decision to the de- sign review board by the procedure set forth at subsection (c). of Section 18. 59 .020 . (Ord. 77-89 §4 (10) , 1977 : Ord. 74-17 §3 (part) , 1974) . 16 .34 . 020 Variance granting. The planning commission may grant a variance from the provisions of this title based on findings that due to practical difficulties, undue hard- ships or inconsistencies with the objectives of this title, the strict or literal interpretation and enforcement of a specific requirement hereunder should be waived or modified. (Ord. 74-17 §3 (part) , 1974) . 16 34 030 Right of further appeal to city council. Any decision of the planning commission pursuant to this title may be appealed to the city council. Such appeal to the council shall be in writing and shall be filed within ten days after the final determination of the planning com- mission from which the appeal is taken . The council may determine the matter de novo on the record or may set the matter for hearing at a regular council meeting, and in either instance may accept, reject or modify any action taken by the planning commission with respect to the matter under appeal. (Ord. 74-17 §3 (part) , 1974) .. 201 (Tigard 1/15/78) 16 . 36 . 010--16 .36 .020 Chapter 16 . 36 ZONE REGULATIONS Sections: 36 . 010 Generally. 16 .36 .020 Single-family or residential zones. 16. 36. 030 Multifamily residential zones. 16 . 36. 040 Commercial and industrial zones. 16 36 . 010 Generally. Except as provided in this chap- ter, no person shall install or maintain any sign in the city in the zones listed in the following sections. Reference to zones are those established by or pursuant to Title 18. (Ord. 71-5 Ch. 3 (part) , 1971) . 16 . 36.020 Sin le-famil or residential zones. No sign of any ci:aracter shall be permitted in an R-7 , R-15 or R-30 zone except the following: numbers, (1) Nameplates. Sign bearing only property names of occupants of the premises or other identification of the premises not having a commercial connotation not ex- ceeding a combined area of four square feet. (2) Real Estate Signs. One onsite sign for each or in- street frontage offering the premises for sale, lease spection by the public provided that the total area of such sign does not exceed six square feet in area. Such hsigns may also be modified to indicate that the property as been sold. (3) permanent Subdivision Identification Signs . One ground sign, at each entry point to the subdivision from the public right-of-way, with the site properly landscaped, denot- re ing the development name and not exceeding -thirty-two o sitadoes feet in area. Illumination may be app roved as longnot create a public or private nuisance. (q) Directional Signs . Directional signs may be located at street intersections, on standard city street s shall be provided sign poles, within all zones . Said sign by the city, utilizing the standard street sign format, upon payment of a twenty-five-dollar fee. Directional signs may be allowed for the following uses : Junior and (A) Public and parochial elementary, J high schools; (g) Public parks and golf courses; (C) Public auditoriums, coliseums , stadiums , civic centers or other public meeting places; (D) Churches . 202 (Tigard 7/15/78) 16.36. 030 Directional signs shall contain only the common name of the use. The size of directional signs shall be deter- mined by authority of the city. (5) Real Estate Directional Signs. Real estate signs advertising an open house and located off the premises, limited to a sign area of six square feet and a maximum di- mension of four feet may be erected and maintained, provided the display of such sign shall be only during those hours the property is .available for inspection. No other off- premises directional signs shall be allowed. No permits are required for such signs, but the planning director may estab- lish reasonable rules and regulations to prohibit sign clutter, erection of unsafe signs, or other problems in connection with the erection of real estate directional signs. (6) Political Signs. For political sign regulations , see subsection (b) of Section 16. 40.010. (7) (a) Freestanding signs for conditional uses in resi- dential and multifamily zones shall be subject to review by the planning commission according to the procedures prescribed in Chapter 18.72, Conditional Uses , for which the following standards are recommended: Area Height (square feet `\ Street Type (in feet) per sign face) � Local. g 12 Collector 12 20 Arterial 16 65 (b) Churches and schools are permitted to have reader boards depicting events and serve.-s, but not in excess of the allowable sign area. (c) Wall Signs. Wall signs shall not exceed five per- cent of the front wall area and not be permitted on side or rear wall. (Ord. 78-16 §4 (part) , 1976 ; Ord. 77-89 §4 (5) , 1977; Ord. 74-26 §2 , 1974 ; Ord. 72-32 §4 , 1972; Ord. 71-5 §301, S1971) . 16 36 030 Multifamily residential zones . No sign shall be permitted in an A-2 zone except the following: (1) Permanent Residential Nameplates Identifying the Premises. Total signing on a premises shall not exceed one square foot of area per dwelling unit. (2) Incidental Signs. Such signs shall only be per- mitted when attached to a permanently affixed sign structure or to the wall of the building. f 203 (Tigard 7/15/78) 16 . 36 . 040 ( (3) Real Estate Signs . One onsite sign offering the premises for sale providing that the total area of such sign does not exceed twelve square feet. Such signs may be modi- fied to indicate that the property has been sold. (4) Nonresidential Signs . One illuminated or nonillumi- nated sign not exceeding twelve square feet in area identify- ing any nonresidential use permitted in a multiple-family residential zone. (5) Directional Signs. Such signs shall be as per- mitted in subsection (4) of Section 16 . 36 .020 . (6) Real Estate Directional Signs. Such signs shall be as permitted in subsection (5) of Section 16 . 36 . 020. (7) Political Signs . For political sign regulations, see subsection (b) of Section 16 .40 .010 . (Ord. 71-5 9302 , 1971) . 16 36 . 040 Commercial and industrial zones . (a) No signs shall be permitted in a C-5 commercial zone except those specified in Title 18 for such zone. (b) No signs shall be permitted in a C-P commercial- professional zone except those specified in Title 18 for such zone. (c) Freestanding Signs . Freestanding signs shall be per- mitted only in commercial and industrial zones. Where free- standing signs are permitted, the size, height, orientation, X location, and design shall be controlled by the criteria set forth in subsections (c) (1) through (c) (13) of this section. (1) One multifaced freestanding sign identifying the ts, facilities or services available principal goods, produc on the premises shall be permitted on any premise. (2) Freestanding signs shall be permitted on properties zoned commercial or industrial and fronting on arterial street subject to the following conditions and limitations : (A) AREA LIMIT. The maximum square footage of sign allowable shall be seventy square feet per face or a total of one hundred forty square feet for all sign faces. If the sign is moved back from the property line which parallels the street the sign is facing, the sign are may be increased at the rate of one square foot per lineal foot, measured from the property line to that portion of the sign nearest the property line. If the property line is more than fifteen feet from the edge of the road pavement, the measurement shall be made from that por- tion of the sign nearest the pavement to a point fifteen feet from the pavement edge. The maximum allowable area under this provision shall be ninety square feet per face or a total of one hundred eighty square feet for all sign faces. (g) HEIGHT. No freestanding sign located at the right-of-way edge shall exceed twenty feet. Height may increase one foot for each ten feet of setback from the property line (or fifteen feet from pavement edge, whichever is less) to a maximum of twenty-two feet. 204 (Tigard 1/15/78) 16 . 36 .040 r (3) Freestanding signs shall be permitted on prop- % erties zoned commercial or industrial on collector streets subject to the following conditions and limitations: (A) AREA LIMIT. The maximum square footage of sign allowable shall be twenty-five square feet per face or a total of fifty square feet for all sign faces . If the "sign is moved back from the property line which parallels the street the sign is facing, the sign area may be increased at the rate of one square foot per lineal foot, measured from the property line to that portion of the sign nearest the property line. If the property .line is more than fifteen feet from the edge of the road pavement, the measurement shall be made from that portion of the sign nearest the pavement to a t from the pavement edge. . The maximum allowable point fifteen fee area under this provision shall 'be forty-five square feet per face or a total of ninety square-feet for all sign faces. (B)_ HEIGHT. No freestanding sign located at the. right-of-way edge shall exceed sixteen feet in height. Height may increase one foot for each ten feet of setback from the property line (or fifteen feet from the pavement edge, which- ever is less) to a maximum of eighteen feet. C4) Freestanding signs shall be permitted. on property zoned commercial or industrial- and fronting on local streets subject to the following conditions and limitations: (A) AREA LIMIT: The maximum square footage of .sign allowable shall be sixteen square feet per face or a total of thin ty-two square feet for .all sign faces. If the sign is - moved back from the property line which parallels. the street the sign is facing,' the sign area may be increased at the rate of one-half square foot per lineal foot, measured from the property line to that portion *of the sign nearest the property line. If the property line is more than fifteen feet from the edge of the road pavement, the measurement shall be made from that portion of the - sign nearest the pavement to a point fif teen. feet from the pavement edge. The maximum allowable- Area under this provision shall be twenty-six square feet per -face or a total of fifty-two square feet for all sign faces. (B) - HEIGHT. No freestanding .sign . located at the right-of-way edge shall -exceed fourteen feet in height. Height may increase one foot for .each ten feet of setback from the .property line Cor fifteen feet from the pavement edge, which- ever is less) to a maximum of. sixteen feet. . 0) For purposes of -applying the criteria of this ordi- nance, the follow-yng list of street designations shall apply: Designated Arterial Streets All of S.W. Durham Road within the city i. All . of ' S..W:. Greenburg Road (north of North Dakota) i- within the city All of S.W. Hall Boulevard within the city . 205 (Tigard 1/15/78) - 16 . 36 . 040 All of S .W. Pacific Highway within the city All of S .W. Scholls Ferry Road within the city All of S .W. Tigard Street (east of Tiedeman) within the city All of 68th Avenue (north of Hampton) within the city All. of 72nd Avenue (-south of Hampton) within the city Designated CollectorStreets S.W. .Ash Avenue within the city from S.W. Burnham to S.W. Hill Street All of S .W. Bonita Road within the city All of S.W. Bull Mountain Road within the city All of S.W. Burnham Street within the city All of S.W. Cascade Street within the city All of S .W. Commercial within the city All of S.W. Gaarde Street within the city All of S,.W. Grant- Street within the city All of S.W. Greenburg Road (.south of S.W. North Dakota) within the city All of S.W. Hampton within the city All of S.W. Hunziker Street within the city All of S.W. Main Street within the city All of S.W. McDonald Street within the city All of S.W. North Dakota within the city All of S.W.. Pfaffle Road within the city All of S.W. Sattler Road within the city All of S.W. Summerfield Drive within the city All of S.W. Tiedeman Street within. the city All of S.W. Walnut Street within the city All of S.W. 98th Avenue within the city All of S.W. 100th Avenue within the city All of S.W. 121st Avenue within the city Local Streets All other existing streets within the city (6) If the design reviewer determines that the sign' s visual appeal and overall design quality would be served, an additional fifty percent of the allowable sign area .and twenty- five percent' of sign height (to include the pole cover) may be permitted.. No copy will be permitted, however, in the additional area or height permitted. For purposes of this subsection the word "copy" includes symbols, logos, and figures, as well -as letters. - (.7) Where a premise fronts on more than one street, standards for the street towards which the sign is oriented shall be the controlling standard. In the event the sign is oriented equally towards more than one street, the more premissive of the two sets of standards shall be applied. 206 (Tigard 1/15/78) 16 . 36.040 (8) Except for time and temperature signs and theater marquees and signs used by auto service stations in order to of gasoline, no freestanding sign display the current price permitted pursuant to this section shall include a sign of the type known as a reader board. For the purposes of this section, a "reader board" is defined as a sign designed to . of the message of the sign regularly or permit the changing frequently as, for example, a sign made up of a blackboard, changeable paperfaced letters, or a rack designed to hold moveable letters. (9) Each freestanding sign shall be surrounded by an area set aside to protect the sign from vehicles negotiating in the parking area of .the business to which the sign relates , and the area set aside shall be landscaped. The size and shape of the area set aside and the landscaping shall be represented on the plot plan required by Section 16 .12 .020 and shall be sub- ject to the review and control of the planning director or his agent. On existing sites where a landscape island is not feasible, the minimum clearance between the lowest portion of a freestanding sign and the ground shall be fourteen feet in any vehicle maneuvering area. n erected after the date sign(10) Every freestanding g of passage of the ordinances codified in this section shall into its design, and the address - incorporate a pole cover number of the premises. being identified must be exhibited on ( either the freestanding sign or the building, and the address number must be .constructed so as to be readable from automobiles passing upon the street toward which the sigis oriented. free . (11) No freestanding sign, nor any portion over any por- standing sign, shall be located on or be prof ectedtion of a street, sidewalk or other public right-of-way or prop- erty. . Signs may be located within setback areas only as pro- vided in Section 16.20 .040. (12) When a premises contains more than a single tenant but is not definedas a shopping center, the provisions of a freestanding sign shall take into consideration the needs of all separate tenants. The design shall take into consideration the need for providing a signing system which is harmonious in appear- ance and legibility. The building owner shall provide at . his own expense a common support for all tenant signage. Said sup- port should be engineered to withstand twenty pounds per square foot wind load of completed . display. Up to an additional fifty percent of sign copy area may be permitted when deemed neces- sary by the planning director to adequately identify the separate tenants. (13) Shopping centers or industrial parks , defined as areas of not less than eight business units and consisting of not .less than four acres, shall establish a single signing for- mat. The sign shall include the complex name and street number . Up to an additional fifty percent of .sign area may be permitted 207 (Tigard 1/15/76) f when deemed necessary by the planning director to adequately identify the complex. This increase should be judged ac- cording to unique identification needs and circumstances which necessitate additional area to make the sign suffici- ently legible. When a shopping center or industrial park has more than one main entrance on separate frontages, a second freestanding sign may be allowed. The two allowable signs shall face separate frontages and are not intended to be viewed simultaneously. (d) Wall Signs . (1) Allowable Area. In addition to F signs permitted by subsection (b) of this section, wall signs including illuminated reader board may be erected or maintained but shall not exceed in gross area ten percent of the building frontage occupied by the tenant. Signs placed within one foot of the display windows and designed to be viewed from the exterior of the building shall be included in determining the amount of such building 3 face. (2) Wall signs may not project more than eighteen inches from the wall or above the wall to which they are at- p tached. (3) In buildings where one or more tenants occupy a portion of a building which does not include any portion of an exterior wall having exposure to a public street, allowable wall sign area will be computed in the following ( manner: each tenant not having building frontage may have r a wall sign on the wall having street exposure (front wall) provided it does not exceed in sign area that portion of sign area permitted that front wall tenant having the smallest proportion of allowable sign area. In this type of building the allowable proportion of front wall sign area shall be computed k as fifteen percent of the total building face_ A wall sign fr program shall be established for all multitenant buildings, no new permit to be issued until such a program is established. On preexisting buildings, each new tenant will adhere to the i established program. (4) Supplemental Design Features. If the design reviewer determines that the wall sign' s visual appeal and overall design quality would be served, an additional fifty percent of the allowable sign area may be permitted. No copy will be permitted, however, in the additional area per- mitted. For purposes of this subsection , "copy" includes symbols, logos , and letters . (5) Painted Signs. Wall signs painted directly onto the wall surface shall not exceed in gross wall area five per- cent of the face of the building they are painted upon, and the vertical dimension of the sign cannot exceed twenty per- cent of the height of the wall. (e) Real Estate Signs . No more than two signs offering the premises for sale, lease, or inspection by the public shall be permitted. The total area of each sign shall not ex- ceed thirty-twosquare feet. Such signs may be modified to indicate that the property has been sold. 208 (Tigard 7/15/78) 16. 40 . 010 (f) Moving Signs . No sign shall have or consist of any moving, rotating, or otherwise animated part : (Ord. 78-16 94 (part) , 1978; Ord. 77-89 94 (6) , 1977 : Ord. 7105 9303 , 1971) . Chapter 16.40 SPECIAL TYPES OF SIGNS Sections: 16.40. 010 Flags , banners, political signs . 16.40.020 Public utility signs ani signs required by law. 16.40. 030 Signs not designed to be viewed from any pub- lic street or public right-of-way. 16.40.040 Certain signs prohibited. 16.40 .060 Flashing signs and sign illumination. 16. 40 .090 Outdoor advertising signs . 16.40. 095 Bench sign. 16 40 010 Flags , banners, political signs. (a) Pro- hibited Display of Flags and Banners. It is unlawful to erect or maintain strings of pennants, banners or streamers , fcstc,:,,s �,f lights, clusters of flags , strings of twirlers �- or propellers, flashing or blinking lights , flares, balloons, and similar devices of carnival character. Flags and banners not prohibited are: (1) National, state, and institutional flags prop- erly displayed; (2) Christmas decorations in season; and (3) Streamers , banners , etc. , used for one week only to call attention to grand opening of a completely new business . (b) POLITICAL SIGNS . Signs relating to the nomination or election of any individual for a political office or ad- vocacy of any measure to be voted upon at any special or general election shall be allowed under the following condi- tions: f 208-1 (Tigard 7/15/78) 16 . 40 . 020--16 . 40 . 040 (1) Such signs shall be temporary in nature and shall be removed within ten days after the election. (2) Any such sign to be placed in a residential zone shall not exceed an area of twelve square feet. (3) Except for outdoor advertising signs, any such sign to be placed in a nonresidential zone shall not exceed an area of thirty-two square feet. (4) Any person intending to place such signs shall, prior to placing any sign, execute a removal agreement cover- ing these provisions and shall file a one-hundred-dollar bond or one hundred dollars in cash with an agreement acceptable to the city attorney, refund conditioned upon guaranteeing removal of the signs within the time specified_ (5) No political sign shall be erected within or on i any public property or right-of-way or affixed to any pole, post, standard or other support located within or on public property or a public right-of-way . (Ord. 78-47 §l, 1978 : Ord. 76-54 §§l, 2, 1976; Ord . 71-5 §401, 1971) . 16 40 020 Public utility signs and signs required by law. Nothing in this title shall prevent the erection, loca- tion or construction of signs on private property where such erection, construction or location is required by any law or ordinance nor shall any public agency or utility be prohibited from erecting signs on private property when otherwise per- mitted. (Ord. 71-5 §402 , 1971) . 16 40 030 Signs not designed to be viewed from any pub- lic street or public right-of-way. Nothing in this title shall prevent the erection, location or construction of di- rectional or instructional signs on private property when such signs are solely designed to direct or to guide or to instruct pedestrians or vehicular traffic while on the parcel of real property on which the signs are located. No sign permit or fee shall be required for such signs. (Ord. 71-5 5403, 1971) . 16 40 040 Certain signs prohibited. (a) UNSAFE SIGNS OR IMPROPERLY MAINTAINED SIGNS . No sign shall be constructed, erected or maintained unless the sign and sign structure is so constructed, erected and maintained as to be able to with- stand the wind, seismic and other loads as specified in the Uniform Building Code. No sign shall be constructed, erected or maintained in violation of the maintenance provisions of Chapter 16 . 44 . 209 (Tigard 1/15/79) 16 . 40 . 060 (b) SIGNS AT INTERSECTIONS . No sign shall be erected at intersection of any streets in such a manner as to sub- stantially obstruct free and clear vision nor shall any sign be erected at any location where, by reason of the position, shape or color , it may interfere with, obstruct the view -of, or be confused with, any authorized traffic, signal or device; nor shall any sign be erected which makes use of the word . "stop, " "look, " "danger, " or any other similar word, phrase , symbol or character in such manner as is reasonably likely to interfere with, mislead or confuse motorists . (c) OBSCENITY. No sign shall bear or contain state- ments, words or pictures of an obscene, indecent or immoral character, such as is likely to offend public morals or de- cency. (d) OBSTRUCTING SIGNS . No sign or sign structure shall be constructed in sucha manner or at such a location that it will obstruct access to any fire escape or other means of egress from a building or any exit corridor , exit hallway or exit doorway. No sign or supporting structure shall cov- er, wholly or partially, any window or doorway in any manner that will substantially limit access to the building in case of fire. (e) No off-premises sign shall be permitted in any com- mercial or industrial zone, except outdoor advertising signs , as regulated in Section 16 . 40 .090 . (f) Strings of .bare lights shall not be constructed, erected or maintained within view of any public street or public right-of-way. This subsection shall not apply to Christmas lighting displays . (g) No sign or sign structure shall be constructed in such a. manner or location that it will obstruct access to any fire escape or other means of egress from a building or any exit corridor, exit hallway or exit doorway, and no sign or supporting structure shall- cover, wholly or partially, any window or doorway in any manner that will substantially limit access to the building in case of fire. (h) All signs of an incidental or temporary nature not permanently affixed to the ground shall be prohibited, with the 16 . 36.020tion of throughreal estat16136.040e s(Ord.a72-32permitted 1972;Sections 71-5 §404, 1971) . 16 . 40. 060 Flashing signs and sign illumination. (a) No exposed reflective-type bulbs, strobe lights, rotary bea- cons, par spots, zip lights or similar devices shall be per- mitted. No exposed incandescent lamp which exceeds twenty- five watts shall be used on the exterior surface of any sign so as to expose the face of such bulb or lamp to any public street or public right-of-way. (b) No flashing signs shall be permitted except those showing time and temperature only. 210 (Tigard 1/15/78) 16 . 40. 090 (c) The surface brightness of any sign shall not ex- ceed that produced by the diffused output obtained from eight hundred milliampere fluorescent light sources not closer than eight inches on center. (Ord. 77-89 X4 (9) , 1977; Ord. 71-5 §406 , 1971) . 16 . 40 . 090 Outdoor advertising signs- Outdoor adver-. tising sign regulations shall be as follows : (1) zones Permitted. Outdoor advertising signs shall be permitted only in a C-3 commercial zone or an M-2 or M-3 industrial zone. (2) Height. The maximum height of an outdoor adver- tising sign shall not exceed thirty-five feet from the ground level at its base. (3) Size. (A) The maximum sign dimensions of an outdoor adver- tising sign shall be twelve feet in height and twenty-five feet in length (excluding supports and foundations) or a total maximum sign area of three hundred square feet per face. (B) Outdoor advertising signs may be increased in area to fourteen feet in height and forty-eight feet in length or a total maximum sign area of six hundred seventy-five square feet per face where permitted as freeway-oriented signs. (C) On freeway-oriented signs, cutouts may project beyond the display surface and may add up to one-third addi- tional area of permitted display surface and further may ex- tend five and one-half feet above, four feet below or two feet to either side of the display surface, provided that the thirty-five foot maximum height limit is not exceeded by such cutouts. (4) Locations Permitted. (A) Outdoor advertising signs shall only be per- mitted to locate on and orient to U.S. Highway 99w (South- west Pacific Highway) , Oregon State Expressway No. 217, and Interstate Highway No. 5. (B) Outdoor advertising signs shall not have more than one display surface facing in the same traffic direction on any one premises. For the purpose of this provision and for the purposes of applying the spacing limitations or density limi- tations which follow, a single outdoor advertising structure on which two display surfaces are attached back-to-back shall be considered as one outdoor advertising sign with one dis- play surface facing one traffic direction. (5) Outdoor advertising signs shall not be located with- in three hundred feet of another outdoor advertising sign on the opposite side of the street or highway or within five hun- dred feet of another outdoor advertising sign on the same side 211 (Tigard 7/15/78) 16. 40 . 095--16 . 44 . 010 of the street or highway . For purposes of applying this limitation, distances shall be measured as a radius from a sign. Where two or more signs are in violation of these spacing provisions , the first lawfully constructed, erected and maintained shall be permitted to remain. (6) Outdoor advertising signs shall have all metal structures; provided, however, that the display surface or. display surfaces and the stringers used for the support. of the display surfaces together with cutouts may be made of other materials . (7) Outdoor advertising signs are not permitted as roof signs . (Ord. 71-5 5410 , 1971) . 16. 40. 095 Bench sign. Bench signs shall only be per- mitted at designated transit stops in commercial, industrial, and multifamily zones where no bus shelter presently exists. There shall be no more than one bench sign per allowable tran- sit stop. Placement of the bench sign shall not interfere with pedestrian traffic or traffic vision . Application for a bench sign shall include the signature of the affected property owner and proof of liability insurance. (Ord. 78-16 94 (part) , 1978) . Chapter 16 .44 CONSTRUCTION AND MAINTENANCE Sections : 16 . 44 . 010 Adoption of Uniform Sign Code and requiring compliance therewith . 16 .44 . 020 Construction--Incombustible materials. 16 .44 . 030 Maintenance--Standards generally . 16 .44 .040 Maintenance--Littering prohibited. 16 -44 -010 Adoption of Uniform Sign Code and requiring compliance therewith. The 1973 Edition of the Uniform Sign Code as published by the International Conference of Build- ing Officials is adopted to the same legal force and effect as if the same were set forth herein in full pursuant to authority of ORS 221 . 330 , and may be cited as the "city of Tigard Uniform Sign Code of 1973. " (b) Not less than three copies of the 1973 Edition of the Uniform Sign Code as published by the International Conference of Building Officials shall be kept and main- tained on file in the office of the. city recorder for use and examination by the public pursuant to ORS 221 . 330 . i 212 (Tigard 7/15/78) 16. 44 . 020 (c) In the event of any inconsistency between the provisions of the city of Tigard Uniform Sign Code of 1973 and arty other provisions of this title, the requirements of the city of Tigard Uniform Sign Code of 1973 shall .super- sede;;and be enforced `in lieu of such. inconsistent provision.. - Y (Ord. :74.-32 §l, - 1974 : Ord 71-5 9409 (1) , 1971). Y a ':16.•44.020 Construction=-Incombustible materials. (a) A11 -signs :-erected. -in •fire. zones one-.and ,two .shall have pri Z , t r = ina structural° members .: of incombustible materials Wooden >i --,_ . _ r'y: .. . stringers for the supporta of.• sections .of,-the. display surface i of ®utdoor advert�sa ng signs :may'be used in fire zones one r _ .z and' two _ - F a�z` �� , _v „'tom 1 t - - - �� ._ a—L�iy -ii i s j'� - - 1 - '_ .^._ ' . - x .�fY h r i T ; < K Crg. Y J .y � ., I .`hay.. _ - `„` L'�� r_ M 1 C _ _ 5 v^5.3 - t 'T _ �$ ' y ris - _ �a .t. 4 •,: s ..circ. �4 ...�,_ - Co �'. .� . ...-ems. % l.+_ �• v - - r`� .. v s'E ,Y l Jj 1`t2`.a..y - x n Fj..A 'i JT t7. 4 4" _ 3 'f C a- ? 1 c. �e i r- _ r- .t r �' _ `fit4 ..�.2 �+s; �S '=�Y -' ' y r% 1 .f fit_ - - -• _N Y•S-c.y J -'1 . L 3 .. - _ ..r f. -y.a•i i L�-.' . _ - - -� r l } _ - _ #. _ - , _ - _ - try A,I i` ` ttF .a�F�� - - +� ;� r �4 z 213j215 (Tigard 7/15%78) y .K -, 16 . 44 . 030--16. 44. 040 (b) Combination signs, roof signs , wall signs, pro- jecting signs , signs on marquees other than under marquee signs, signs on canopy and wall facades shall be constructed of incombustible materials except for nonstructural trim, display surfaces and cutouts which may be constructed of wood, metal, approved plastics or any combination thereof. Except as provided in subsection (d) , only metal and ap- proved plastics shall be used in construction of electric signs . (c) Work platforms attached to signs for service and maintenance may be constructed of wood or metal. (d) The building official may approve the use of combustible materials for covering, erecting a facade on, or ornamentation of a sign structure for an electric sign pro- vided that he finds that: (1) The use of such materials is permitted in the fire zone in which the sign is located or proposed to be located; (2) There is no load-bearing member of the sign structure constructed of combustible materials; (3) There is no substantial fire or electrical safety hazard. (Ord. 71-5 §409 (2) , 1971) . 16 . 44.030 Maintenance--Standards generally. All signs , together with all of their supports, braces, guys and an- chors shall be kept in good repair and shall be maintained in a safe condition. All signs and the site upon which they are located shall be maintained in a neat, clean and attrac- tive condition. Signs shall be kept free from excessive rust, corrosion, peeling paint or other surface deteriora- tion. The display surfaces of all signs shall be kept neat- ly painted or posted. (Ord. 71-5 9409 (3) , 1971) . 16 . 44 .040 Maintenance--Littering prohibited. No per- son required to obtain a sign permit or license under this title shall scatter, daub or leave any paint, paste, glue or other substances used for painting or affixing advertising matter or scatter or throw or permit to be scattered or thrown any bills, waste matter, paper, cloth or materials of any kind removed from such signs on any public street, sidewalk or private property. (Ord. 71-5 §409 (4) , 1971) . l ' 216 (Tigard 1/15/77) 16 . 46 . 010--16 . 46 . 030 Chapter 16 . 46 TEMPORARY SIGNS Sections : 16 .46 . 010 Authorization. 16 . 46 . 020 Issuance authority. 16 . 46 . 030 Required conditions . 16 . 46 . 010 Authorization. The planning commission, either directly or by delegation to the city administrator, may authorize temporary signs . The planning commission shall attach such conditions to the issuance of a permit for a temporary sign as may be neces- sary to assure discontinuance of the use of the temporary sign in accordance with the terms of the authorization, to compliance with the purposes of this title. assure substantial (Ord. 76-21 §1 (part) , 1976) . 16 46 020 Issuance authority_. (a) The planning com- mission, either directly or by delegation of authority to the city administrator, may issue temporary permits which terminate within sixty days from the date of issuance. shall (t The planning commission may issue temporary per- of issu- mits to terminate within six months from erioddate longer than ance. No permit shall be issued for a p the planning com- mission months, but a permit may be renewed by mission upon a showing of good cause for the continuation of the temporary permit . om (c) The planning cmission is empowered, either mini- directly or by delegation of authority to the publiccity inter- in in circumstances consistent with the p est, to grant a permit for immediate temporary use of a sign, et foth, to if consistent with the con ditions hereafter endingrbefore continue during the time a petition may be p the planning commission as herein provided. (Ord. 76-21 §1 t (part) , 1976) . 16 . 6 . 030 Re uired conditions . Applicants for tempor- ary sign4permits shall submit such evidence as may be re- i quired to enable the planning commission or the city admini- strator to make a finding that one or more of the following conditions exists: (1) That the need for the temporary sign is the direct E s, such as fire, wind�eeifloo strresult of a casualty losxstinuc- or other severe damage by the elements to a p applicant on the ture or facility previously occupied by the app premises for which the permit is sought; 217 (Tigard 1/15/77) 7i 16 . 48 . 010--16 . 48 . 030 (2) That the applicant has lost leasehold occupancy rights on account of unforeseeable circumstances or other hardship beyond the foresight and control of the applicant; (3) That the temporary use is limited in duration by the purposes for which the permit is sought, such as, - Christmas tree sales, parade stands, circuses , fairs , or other exhibitions, and other similar obviously temporary needs; (4 ) That the purpose for which the temporary use is sought is compatible with and incident to the complete preparation of the business, display, exhibition or other undertaking which makes the use of the sign beneficial to the applicant, and that the duration of such temporary use is limited by the period of development or preparation. (Ord. 76-21 §1 (part) , 19761 . Chapter 16 . 48 ADMINISTRATION Sections : 16 . 48. 010 Sign permit authority. 16 . 48. 020 Enforcement authority--Right of entry. 16 . 48.030 Violation--Penalty. 16 . 48.010 Sign permit authority. All applications for sign permits shall be submitted to and be approved by the building official. (Ord. 71-5 §201 (1) , 1971) . 16 . 48 .020 Enforcement authority--Right of entry. The building official is authorized and directed to enforce all of the provisions of this title. All signs for which permits are required shall be inspected by the building official. Upon presentation of proper credentials, the building official or his duly authorized representative may enter at reasonable times any building, structure or premises in the city to perform any duty imposed upon him by this title. (Ord. 71-5 §201 (2) , 1971) . j 16 . 48.030 Violation--Penalty. Upon conviction, any person who violates any of the provisions of this title shall be guilty of a misdemeanor and such person shall be punished by a fine of not more than three hundred dollars . A person violating a provision of this title shall be deemed guilty of a separate offense for each day during which the violation continues. (Ord. 71-5 §503 , 1971) . 217-1 (Tigard 1/15/77) Brun Moreland Christopher Architects 1040 SW Tenth Avenue i Portland.OceOn 97403 303/444-5757 July 16, 1982 Mr. Robert Jean City Administrator City of Tigard P.O. Box 23397 Tigard, Oregon 97223 Re: Tigard Civic Center Dear Bob: In accordance with your request, I am submitting this letter of i engagement for additional services for the Civic Center project; to assist in preparation of budget estimates and related services al for the September elec- for the resubmittal of the bond propos tion. i It is my opinion that the Phase 11 Contract form can remain in force, and that your authorization of additional services by this letter is binding on the terms of that agreement. Services will n hourly basis, at your direction, at the be performed on a ` standard hourly rates previously defined. ' `t If the city attorney finds this form of supplemental agreement E satisfactory, please sign both copies of this letter as your auth- orization of services, and return one copy for our files. f Thank you. BRU ELAND CHR OPHER Architects pc enn s J. Brun, AIA President City of Tigard Isj Robert Jean City Administrator THE AMERICAN INSTITUTE OF ARCHITECTS l � � AIA Document B727 Standard Form of Agreement Between Owner and Architect for Special Services 1979 EDITION THIS DOCUMENT IS FOR USE WHEN OTHER B-SERIES DOCUMENTS ARE NOT APPROPRIATE THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES;CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT ( made as of the Twenty-Second day of March in the year of Nineteen Hundred and Eighty-Two BETWEEN the Owner: City of Tigard :''755 S.W. Ash Avenue Tigard, Oregon 97223 and the Architect: Brun Moreland Christopher Architects pc 1020 S.W. Tenth Avenue Portland, Oregon 97205 For the following Project: (Include detailed description of Prolrcl location and Scope.) Completion of. design studies for a Civic Center for the City of Tigard, based on Site Alternative B selected in the Phase I Agreement, dated December 21 , 1981. The Owner and the Architect agree as set forth below. Copyright 1972, 0 1979 by The American Institute of Architects, 1735 Ne�v York Avenue, N.W.. Washington, D.C. 26006. epro- duction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United States and will he subject to legal prosecution. AIA DOCUMENT 6727 • SPECIAL SERVICES AGREEMENT • )UNE 1979 EDITION ALAS • 01979 B727-1979 1 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., N.W.,tVAStI1\GTUN,D.C. 20006 ARTICLE 1 ARCHITECT'S SERVICES (Here list (how services to be prosided b) the Architect under the Terms and conditions of this Agreement. Note under each service fisted the method and means of compensation to be used, if appbeabfc•. as provided in Article 10.) Basic Services shall include: 1..1 Preparation of final site studies based on the selected Alternative B, prepared in the Phase 1 portion of the Work. 1 .2 Conceptual Design studies for Alternate B showing exterior design treatments and overall appearance of the structures. Floor plans will be general in scope and shall define overall major relationships between functions. 1.3 A cost- estimate of proposed improvements. 1.4 Preparation of drawings which define the overall appearance of the project. These drawings shall be of presentation quality and are intended for use in public information packets. 1.5 Assist in the development of public 'information packets for presentation of the Civic Center design. 1.6 Preparation of a model defining the overall scope and mass of the Project. The model shall be designed to allow for removal of portions-of buildings to illustrate phasing. AIA DOCUMENT 8727 • SPECIAL SERVICES AGREEMENT JUNE 19%9 EDITION AIA" • ©1979 8727—1979 2 THE AMERICAN INSTITUTE OF ARCHITECTS.1735 NEW YORK AVE.,N.W.,1Vr.SHINGTON, D.C. 20006 TERMS AND CONDITIONS OF AGREEMENT- f3ETWLEN O\NNER AND ARCHITECT ARTICLE 2 ARTICLE S THE OWNER'S RESPONSIBILITIES PAYMENTS TO THE ARCHITECT 2.1 The Owner shall provide full information regarding 5.1 Payments on account of the Architect's services, and requirements for the Project. for Reimbursable Expenses as defined in Article 4, shall be 2.2 The O,.vner shall designate, when necessary, a rep- made monthly upon presentation of the Architect's state- ment of services rendered or as otherwise provided in this Agreement. respect to the Project. The Owner or such authorized 5.2 An initial payment as set forth in Paragraph 10.1 is representative shall examine the documents submitted by the minimum payment under this Agreement. the Architect and shall render decisions pertaining thereto or If the Project is suspended n abandoned to whole promptly, to avoid unreasonable delay in the progress of in part for more than three months, the Architect shall the Architect's services. or 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 due 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 i 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 Owner's 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 a Project, and the portion of the cost of their 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 ill claims, disputes and other matters in qu tion E sions, and similar contributions and benefits. bet we the parties to this Agreement arising o of or relating this Agreement or the breach thereof shall be T ARTICLE 4 decided b� arbitration in accordance with th Construe- REIMBURSABLE EXPENSES tion Industr Arbitration Rules of the Ame . an Arbitra- tion .Associate then obtaining unless the parties mutu- 4.1 Reimbursable Expenses are in addition to the Archi- ally agree other ise. No arbitration aris' g out of or re- tect's compensation and include actual expenditures lating to this Agr ment shall include y consolidation, made by the Architect and the Architect's employees and joinder or in any of r manner, any ditional person not consultants in the interest of the Project for the expenses a party to this Agree m-except b written consent con- a listed in the folio% ing Subparagraphs: twining a specific refere ce to thi Agreement and signed by the Architect, the OwI r an any other person sought .1 expense of transportation and living expenses in to be joined. Any consen o arbitration involving an connection with out-of-town travel authorized by additional person or perso Hall not constitute consent the Owner, to arbitration of any disp e no described therein or with .2 long distance communications, any person not named r descr ed therein. This agree- ment to arbitrate and ny agreemr t to arbitrate with an ; .3 fees paid for securing approvals of authorities hav- additional person o persons duh• onsented to by the ing jurisdiction over the Project, parties to this Ag, •ment shall be spe 'fically enforceable .4 reproductions, under the prevai ng arbitration law. .5 postage and handling of documents, 7.2 Notice o he demand for arbitration all be filed in writing with he other party to this Agree nt and with .6 renderings and models requested by the Owner, the Ameri an Arbitration Association. The d and shall .7 data pCocessing and photographic production be mad- ,vithin a reasonable time after the clai , dispute C techniques when used in connection with Addi- or oth matter in question has arisen. In no ev t shall the •mand for arbitration be made after the date when tional Services, ins tution of legal or equita'lle proceedings base on .8 expense of overtime work requiring higher than s ch claim, dispute or other matter in question would e regular rates, if authorized by the Owner. arred by the applicable Statute of limitations. t r AIA DOCUMENT 8727 - SPECIAL SERVICES AGREEMENT • JUNE 1979 EDIT ION • AIA' • 01979 8727^1979 3 THE AMERICAN INSTITUTE Of ARCHITECTS,1735 NEW YORK AVE., N.W.,WASHINGTON, D.C.20006 7.3 The award rendered by the arbitrators shall be final, For Services provided on a Fixed Fee basis, 10% of and judgment may be entered upon it in accordance with the Fixed Fee earned to the time of termination. applicable law in any court having jurisdiction thereof. ARTICLE 9 ARTICLE 8 MISCELLANEOUS PROVISIONS TERMINATION OF AGREEMENT 9.1 Unless otherwise specified, this Agreement shall be governed by the law of the principal place of business Of 8.1 This Agreement may be terminated by either party the Architect. upon seven days' written notice should the other party 9.2 As between the parties to this Agreement: as to all fail substantially to perform in accordance with its terms acts or failures to act by either party to this Agreement, through no fault of the party initiating the termination. any applicable statute of limitations shall commence to - 8.2 This Agreement may be terminated by the Owner run and any alleged cause of action shall be deemed 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. payment is.due to the Architect pursuant to Article 5. 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 legal representa- penses as defined in Paragraph 8.4. tives of such other party 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 without the written consent of the other. the Archlte^t is not otherwise compensated, plus an 9.amount computed as a percentage of the compensation agreement This Agreement represents the entire and integrated earned to the time of termination, as follows: agreement between the Owner and the Architect and supersedes all prior negotiations, representations or For Services provided on a Multiple of Direct Salary agreements, either written or oral. This Agreement may or Direct Personnel Expense basis, 20% of the total be amended only by written instrument signed by both expenses incurred to the time of termination; Owner and Architect. i AIA DOCUMENT 8727 SPECIAL SERVICES AGREEMENT JUNE 1979 EDITION AIAa ©1979 8727—1979 4 THE AMERICAN INSTITUTE OF ARCHITECTS, 1715 NEW YORK AVE.,N.W.,WASHINGTON, D.C. 20W6 ARTICLE 10 BASIS OF COMPENSATION The Owner shall compensate the Architect for the services provided, 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 and 00/100 dollars 1$ 1 ,500.00 ) shall be made upon execution of this Agreement and credited to the Owner'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 filed amounts,multiples or p(rcentatirs,and identity the seniles to which particular methods of eompen- sation apply,if necessary.) Compensation for Basic Services shall be a Stipulated Sum of Ten Thousand Five Hundred Dollars ($10,500). Compensation for Additional Services rendered by Principals and Employees shall be based on the following rates: 1. Principals' time at the fixed rate of Fifty-Five Dollars ($55. 00) per hour. The Principals are: - Dennis J. Brun - Robert S. Moreland - Grigsby S. Christopher 2. 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. i 10.2.1. Reimbursable Expenses are considered within the Stipulated Sum defined in Article 10.2. 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 p evailing at the principal place of business of the Architect. At a rate equal to one (1) percentage point above the current Prime (Here insert any rate of interest agreed upon.) Loan Rate of the Oregon Bank of Portland, Oregon at the date of billing. (Usury laws and requirements under the federal Truth in Lending Act.similar state and local consumer credit falls and other regulationsLlhcowger'sand Archirect's principal places of business, the locatinn of the Project and rlsca%hsve may aprct file solidity of this provision. Specishould be obtained with respect to deletion, modification or other requirements such as written disclosures or scaive•rs.) AIA DOCUMENT 8727 • SPECIAL SERVICES AGREEMENT • tUNE 1979 EDITION AIA"' • ©1979 8727 THE AMLRICAN INSTITUTE OF ARCHITECTS, 1735 NE\V YORK AVE.,N.W.,WASHINGTO, D.C. 20006 10.5 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that: 10.5.1 IF 'It IE SCOPL of the Project or of the Architect's servicv> i> changed materially, the amounts of compensa- tion shall he equitably adjusted. 10.5.2 IF THE SERVICES covered by this Agreement have not been completed within Nine ( 9 ) months of the date hereof, through no fault of the Architect, the amounts of compensation, rates and multiples set forth herein shall be equitably adjusted. ARTICLE 11 OTHER CONDITIONS This Agreement entered into as of the day and year first written above. OWNER ARCHITECT City of Tigard _ Brun Moreland Christopher Architects pc 12755 S.W. Ash Avenue 1020 S.W. Tenth Avenue Tiga , Ore n 97223 _ Por nd, regon ,2 5 Ro ert Je City Administrator kni:j�J. Br n, President AIA DOCUMENTV7 • SPECIAL SERVICES AGREEMENT • IUNE 1979 EDITION . AIAnt - 01979 103727-1979 S TIM AMERICAN INSTITUTE OF ARCIIITECTS, 1733 NEW YORK AVE., N.\\'.,%VASIIINGTON, D.C. 20(X16 (' TITLE 16 SIGN ORDINANCE 16.04.010 Purpose 16. )W.020 Definitions 16.04.030 General Provisions 16.04.031 General Requirements 16.04.032 Maintenance - General Standards 16.04.033 Abatement of substandard and dangerous signs 16.04.034 Penalties 16.04.035 Signs in setback areas 16.04.040 Permits 16.04.041 Permit Application Information 16.04.042 Fees 16.04.043 Expiration of permits 16.04.050 Inspections 16.04.060 Exampted signs 16.04.070 Prohibited signs 16.04.080 Outdoor advertising signs 16.04.090 Sign districts 16.04.091 Single family residential zoning districts 16.04.092 Multiple family residential zoning district 16.04.093 Residential commercial zoning district ( 16-04-094 General and highway commercial 16.04.095 Commercial professional zoning district 16.04.096 Industrial zoning districts 16.04.100 Nonconforming signs 16.04.101 Conformance 16.04.102 Exceptions 16.04.110 Variance granting 16.04.120 Right of appeal 16.04.130 Right of further review by the city council f 16.04.010 Purpose. The general purpose of this title is to classify t and regulate the location, size, type and number of signs; to ensure the continued aesthetic improvement to the City's environment; and to mini— r Mize adverse visual safety. [ 16.04.020 Definitions. For the purpose of this title, words used in the present tense include the future, the singular number includes the plural, "shall" is mandatory and not directory and "building" includes "structures" except "sign structures". As used in this title, unless the context requires otherwise, the following words and phrases shall have the meanings set forth in this section. Area. "Area" or "area of a sign" means the entire area within any type of perimeter which encloses the outer limits of any writing, representation, emblem, figure or character. The area of a sign having no such perimeter or border shall be computed by enclosing the entire surface area within a parallelogram or triangle, then computing the oarea thereof. The area of all signs in existence January 11, 1971, conforming or nonconforming, shall be counted in establishing a permitted sign area of all new signs to be allowed for an individual business on a premises. Where a sign is of a three-dimensional or round or>-irregular solid shape, the largest cross-section shall be used in w-flat projection for the purpose of determining sign area. ` (b) Bench Sign. Refers to a bench designed to seat people which carries a written or graphic message. (c) Billboard. For "billboard," see "outdoor advertising sign," Section 16.08.240. (d) Business. Refers to all of the activities carried on by the same legal entity on the same premises and includes eleemosynary, entity" frater- nal, religious, education or social o:ganizations- includes individual proprietorships, partnerships, corporations, non- profit corporations, associations, or joint stock companies. (e) Business of outdoor advertising. maintaining, the or leasing outdoor con- structing, erecting, operating, using, advertising signs. (f) Construct. Refers to build, erect, attach, hang, place, suspend or affix. ;g) Cutout. Refers to every type of display in the form of letters, figures, characters, representations or others in �_atout or irregular form attached to or superimposed upon a sign or advertising sign.- (h) Display surface. Refers to the area made available by the sign structure for the purpose of displaying the advertising or identification message. (i) Electrical sign. Refers to any sign containing electrical wiring. (j) Externally illuminated sign. Refers to a sign illuminated from an external light source. (k) Face of a building. Refers to all window and wall area of a building in one plane. (1) Free-standing sign. Refers to a sign erected and mounted on a f ree-standing frame, mast or pole and not attached to any building. i 2 r.. (m) Freeway-oriented sign. Refers to a sign primarily designed to be read by a motorist traveling on a highway designated by the Oregon State Highway Department as a freeway or expressway; specifically, these shall be Interstate S, and Oregon State Highway #217, and shall not include U.S. Highway 99W. (n) Flashing sign. Refers to any sign which is illuminated by an intermittent or flashing light source or which is in any ,other way animated so as to create the illusion of movement without. actual physical movement or the illusion of a flashing or intermittent light or light source. (o) Frontage. Refers to the length of the property line of any one premises along a public roadway. (p) Incidental sign. Refers to a sign advertising or identifying associated goods, products, services or facilities available on the premises, including, but not limited to, trading stamps, credit cards accepted or brand names. (q) Incombustible material. Refers to any material which will not ignite at, or below, a temperature of twelve hundred degrees Fahrenheit during an exposure of five minutes and which will not continue to burn or glow at that temperature then tested in accordance with standards established in the Uniform Building Code. (r) Industrial park. Refers to four or more contiguous land parcels arranged so that vehicular access to said parcels is by way of a centrally located street or other approved traffic cir- culation system. (s) Internally illuminated sign. Refers to a sign that has an internal source of illumi::.tion where the light source ;G not visible from the exterior of the sign. (t) Maintain. Refers to to permit a sign, sign structure or part thereof to continue or to repair or refurbish a sign, sign structure or part thereof. (u) Nameplate. Refers to a sign identifying only the name and occ- upation or profession of the occupant of the premises on which the sign is located. (v) Nonstructural trim. Refers to the moldings, battens, caps, nailing strips and latticing, letters and walkways which are attached to a sign structure. (w) Off-premises sign. Refers to any sign including, but not limited to, a painted sign, temporary sign, permanent sign or outdoor advertising sign, which sign advertises goods, products or services which 3 4 are not sold, manufactured or distributed on or from the premises or a sign which advertises a business or facilities not located on the premises on which the sign is located. (x) Outdoor advertising sign. Refers to a sign constructed, erected and maintained by a person licensed to engage in the business of outdoor advertising and which sign is an off-premises sign supported by a sub- stantial permanent sign structure with a display surface or display surfaces primarily designed for the purpose of painting- or posting ad- vertising message thereon at periodic intervals, and where customarily, although not exclusively, the use of the display surface is leased to other persons. (y) Person. Refers to individuals, corporations, associations, firms, partnerships and joint stock companies but does not include governmental agencies. (z) Planning Director. Refers to the person or the designee charged with the administration and enforcement of this title. (aa) Plastic material. Refers to those materials made wholly or partially from standardized plastics listed and described in the Uniform Building Code or approved plastics which have been approved by the Underwriters Laboratory for use in construction of electrical signs. (bb) Premises. Refers to a lot or two or more lots on which are constructed or on which are to be constructed a building or a group of buildings designed as a unit. (cc) Projecting sign. Refers to a sign other than a wall sign which projects from a building. (dd) Projection. Refers to the distance by -hich a projecting sign extends from a building. (ee) Roof sign. Refers to a sign erected upon or directly above a roof or parapet of a building or structure. (ff) Rotating or revolving sign. Refers to any sign, or portion of a sign, which moves in any manner. (gg) Sign. Refers to an advertising sign, outdoor advertising sign, on-premises sign, display, temporary sign, temporary sign display, mes- sage, light (other than a device used primarily to illuminate a building or premises), emblem, device, figure or mannequin, painting, drawing, placard, poster or other thing that is designated, used or intended for advertising purposes, or to inform or to attract the _attention of the public, and includes, where applicable, the sign structure, display sur- faces and all other component parts of the sign. 4 (hh) Sign structure. Refers to any structure which supports or is capable of supporting any sign as described in the Uniform Building Code. A sign structure may be a single pole and may or may not be an integral part of a building. (ii) Temporary sign. Refers to any sign, banner, pennant, a-frame, valance or advertising dislay constructed of cloth, canvas, light fabric, cardboard, plywood, wood, wallboard, plastic, metal or other similar materials, with or without frames, which is -not permdnently erected or permanently affixed to any sign structure, sign tower, or building and which is not an electrical sign or an internally illuminated sign. (jj) Uniform Building Code. Refers to the Uniform Building Code as adopted by the City of Tigard, Oregon, a copy of which is on file in the office of the city recorder and which Uniform Building Code, by this reference, is incorporated in this title to the extent of specific cita- tions thereof in this title. (kk) Wall sign. Refers to any sign attached to, painted on, or erected against the wall of a building or structure, with the exposed face of the sign in a place parallel to the plane of the wall. 16.04.030 General Provisions. 16.04.031 General Requirements. Each sign for which a sign permit is required shall have affixed to the sign the name of the sign erector, ( the date of erection, electrical power consumption in amperes and an Underwriters' Laboratory lable, if applicable. Such information shall be in sufficient size and contrast to be readable upon inspection. 16.04.032 Maintenance - General Standards. (a) All signs, together with all of their supports, braces, guys --rd anchors shall be kept in good repair and shall be maintained in a safe condition. All signs and the site upon which they are located shall be maintained in a neat, clean and attractive condition. Signs shall be kept free from excessive rust, corrosion, peeling paint or other surface deterioration. The display surfaces of all signs shall be kept neatly painted or posted. (b) Any persons who owns or leases a sign shall remove such sign and sign structure when either the businss that it advertises has dis- continued business in the city or the business that it advertises is no longer conducted in or upon the premises upon which such sign is located. If the person who owns or leases such sign fails to remove it as provided in this section, the Planning Director shall give the owner of the building, structure or premises upon which such sign is located sixty (60) days written notice to remove it. If the sign has not been removed at the expiration of the sixty days notice, the Planning Director 5 ( or the designee, may remove such sign at cost to the owner of the build- ing, structure or premises. Signs which the successor to a person's business or business location agrees to maintain as provided in this title need not be removed in accordance with this section. Cost incurred by the Pla,.ning Director, or the designee, may be a lien against the land or premises on which such sign is located and may be collected or fore- closed in the same manner as liens otherwise entered in the lien docket of the City. 16.04.033 Abatement of substandard and dangerous signs. Every sign found by the Planning Director as being an abandoned and/or non-complying sign, are substandard and subject to abatement proceedings before the city council. Signs found by the Planning Director to be unsafe shall be subject to immediate civil action by the City. 16.04.034 Penalties. Upon conviction, any person who violates any of the provisions of this title shall be guilty of a violation. A person violating a provisions of this title shall be deemed guilty of a separate offense for each day during which the violation continues. ! 16.04.035 Signsin setback areas. Where the supporting member of any sign (optional-floodlight standard) is to be permanently erected or is affixed to the ground within a specific setback area established f pursuant to Title 18, no permit shall be issued for such sign (optional- I floodlight standard) until the person who will own the sign and the owner f of the premises upon which the sign will be erected, enter into a written agreement with the city providing for removal of such supporting member if negessary. The agreement shall provide that the sign owner and the owner of the premises, their administrators, executors, heirs, successors E and assigns shall be jointly and severally liable for removal of the sign after sixty (60) days' written notice from the Planning Director. Such I notice shall be given only when public improvement is to be made within the setback area. The agreement shall further provide that if the persons responsible for the removal of the supporting member do not remove it, the city may do so at expense of such person and the cost or expense may be a lien against such land or premises and may be collected or foreclosed in the same manner as liens are entered in the docket of the city. The agreement shall also provide that the owner of the affected premises and the owner of the sign shall not be entitled to any damages or compensation on account of moving or removing of the support- ing member or standard or portion thereof. The agreement shall be in a form prescribed by the city attorney and shall be acknowledged before an officer authorized to take acknowledgments and deeds and who is to authorize the same to be of record. The city recorder shall cause such agreement to be recorded at the office of the county officer having custody of the deed records for the county in which the affected premises are located. This section shall not be construed as denying the owner of such property the right to compensation for any land taken for widening of any street. k i • i 6 t G 16.04.040 Permits. The execution of all signs within the City of Tigard shall be subject to the issuance of a sign permit, establishing• compliance with this title. 16.04.041 Permit Application Information. Application for sign permits shall be made in writing on forms furnished by the Planning Director. The following information shall accompany the completed appli- cation form: (a) A minimum of two copies of plot plans, drawn to scale. • The plot plan shall indicate: (1) The location of the sign; (2) Property lines, streets, driveways and overhead power lines on the premises; (3) The approximate location of the neighboring signs; (4) Buildings within one hundred feet on either side of the subject premises. (b) Zit e scale drawing of the sign showing sign dimensions, height above ground, source and intensity of any illumination and the construc- tion showing size of footings, anchorages, welds, etc. The Planning Director may require engineers' calculations for sign construction, anchorage and footing requirements, to meet wind resistence and seismic forces, all in conformance with the requirements of the adopted City Uniform Building Codes. All sign structures on or near a building shall conform to the State Fire Life Safety requirements of the building, structure or area where it is erected. (c) Al1 electrical illuminated signs shall bear the Underwriters' Laboratory label. (d) The proposal for sign permits shall be submitted to the City Planning Director for his review of the following items: (1) Location of sign or signs on the premises. (2) Size, height and configuration. (3) Type of sign. ►3. o. The P-lanr&ng-Director shall review the sign permit proposal to deter- mine whether the sign as proposed is acceptable given its impact on public safety, and its compatibility with other signs in the immediate area. 16.04.042 Fees. Each applicant for a sign permit with respect to proposed construction, alteration or relocation of a sign shall be sub- ject to the following fees: 7 SIGN AREA FEE 0-25 square feet $25 26-100 square feet $50 For each additional 100 square feet or fraction thereof* $25 Minimum permit $15 Reinspection $15 * Maximum charge for any permit shall not exceed $100. 16.04.043 Expiration of permits. All permits shall expire within ninety (90) days of issuance when it has been determined by the Planning Director that no work has been done as authorized by the permit. Such permit may be renewed for up to an additional ninety (90) day period without additional charge when requested in writing by the applicant to the Planning Director. This renewal option does not apply to any action taken by the City on non-conforming signs or signs which have been deter- mined by the City to be a public hazard. 16.04.050 inspections. (a) All construction work for which a permit is required shall be subject to an inspection by the Planning Director. A survey of a lot or proposed location for sign erection may be required by the Planning Director to verify compliance of the structure with approved plans. Neither the Planning Director nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. (b) It shall be the duty of the person doing the work authorized by a permit to notify the Planning Director that 'such work is ready for in- spection. Tne Planning Director may require that every request for Inspection be filed at least one working day before such inspection is desired. (c) Required Inspections. . Reinforcing steel or structural framework of any part of the proposed structure shall not be covered or concealed without first obtaining approval of the Planning Director. (1) Foundation Inspections: To be made after all required ex- cavations, form work, bolt settings are completed and ready to receive concrete. (2) All anchorages left exposed for inspection. (3) Electrical inspections to be made by agency issuing electrical permits. (4) Final Inspections. Final inspection shall be called for by the applicant when all work is completed. This inspection shall cover 8 purpose for which intended, and expected completion date. The sign shall site and shall removed within fourteen be limited to tit construction ( 4 )days afterhe building is readyforoccupancy (k) Temporary political signs, not exceeding twelve (12). square feet advertising candidates or issues, may be erected during the campaign for -five (45) days prior to the election in which' such can- a period of forty be voteupon. ` es or issues are to d n. Such signs shall be rpmoved not, didate later than the fifteenth (15th) day following such election. Via= (1) Temporary signs, not exceeding thirty-two (32) square feet in area; message limited to public notice. (m) Temporary signs which are intended for use at grand openings of new businesses only and limited to a maximum period of fourteen (14) calendar days. (n) One temporary sign per subdivision, not exceeding thirty-two (32) square feet in area; message limited to identification of d ttf sthe division sales agent. Two (2) such si;:q are p ermittesubdivision is five (5) acres or larger or if the subdivision has more than one (1) street frontage. Such sign or signs may remain the life of the active development and sale or until the development is 2 0% sol, whichever occurs first, but in no instance for longer than two ( ) years. (o). Garage sale type signs located on the premises -of the sale or { with the permission of the occupant of the premises upon which the sign square is located. Such signs, not to exceed a total area of four n4ot t be feet, shall be removed within five (5) days after erecting, located in such a manner as to cause a public safety hazard or nuisance. 16.04.070 Prohibited signs. it shall be *tlawful for any p_--7-;on to erect, display or maintain, any sign or advertising structure falling within any of the following descriptions: (a) Moving signs or flashing signs or any sign or advertising struc- ture which has any visible moving part or visible mechanical movement of any description or other apparent visible movement achieved by any means, Including intermittent electrical pulsations or by action of normal wind currents, excepting clocks, barberpoles, public service information signs, and time or temperature signs. (b) Signs which are erected at the intersection of any street or driveway in such a manner as to substantially obstruct free and clearvision of the traveling public; or at any location where, by reason interfere with, of the position, shape, color, �r animation, it may inn or hi hwa obstruct or be confused with whch makes authorized of dthe swords ffic siSTOP", -LOOK" ' identification sign; or 10 "DANGER", or any other word, phrase, symbol, character, or animation in such manner as is reasonably likely to interfere with, mislead, or confuse vehicle operators. (c) Such advertising devices as strings of lights, banners, and pennants, except as defined elsewhere. (d) Temporary signs, except as defined elsewhere. (e) Fin signs. (f) No sign shall be erected or maintained which by use of lights, illumination, sequential illumination or other form of total or partial illumination creates an unduly distracting or hazardous condition to a motorist or pedestrian. (g) Except for time and temperature signs, no reflective type bulb or par spot bulb shall be used for, on or in a sign except as herein otherwise provided. All lamps or bulbs exposed to direct view shall be limited to twenty-five (25) watts or less capacity. On time and tempera- ture signs, such bulb is limited to forty (40) watts capacity. (h) When neon tubing is employed on the exterior or interior of a sign, the capacity of such tubing shall not exceed three hundred (300) millamperes rating for white or blue tubing nor one hundred twenty (120) millamperes rating for all other tubing. (i) Readerboards except: (1) Readerboard signs are permitted in all but the residential zoning districts, and only one readerboard sign on the premises of each person, firm or corporation. The readerboard sign shall be permanetly attached to the sign structures or incorporated within a wall sign. The total area of the readerboard sign shall not exceed one half the sign area square footage permitted in each commercial or industrial zoning district. (2) Under-school identification signs except that: (a) Such signs may only be used in connection with a school, such advertising copy shall be restricted to attractions offered by the school. In residential zones such readerboard signs shall not exceed twenty-four (24) square feet. (3) Under-marquee signs except that: (a) Such sign may be used in connection with a theater, such advertising copy restricted to attractions which the theater is currently offering. 11 (b) No marquee sign shall be used for general advertising purposes, and no wooden, paper, cloth, or other temporary sign shall be hung or attached to a marquee- illumination of a 1 When florescent tubes are used for illuminationrequivalent to eight with sign, such illuminationshall ratinge tubes behind a plexiglass face hundred (800) milliamp center to center. tubes spaced at least nine (9) inches, (k) Off-premise signs. (1) Billboards, except as defined elsewhere. - ortion thereof shall be placed so that there is an (m) No sign or p stairway or standpipe; interferes with i obstruction of a fire escape, room located above the first floor human exit through any window or any building; of a-ay building- obstructs any door or required exit from any or obstructs any required light or ventilation. (n) A-board or sandwich sign;. E (o) Roof signs: except ted between those businesses that are loca s Pacific Highway and Main Street. (p) Bench signs. No sign shall bear or contain statements, words or pictures of (q) such as is likely to offend an obscene, indecent or immoral character, public morals or decency. erected or maintained unless Code the (r) No sign shall be construaliance with the Uniform Building sign and sign structure is in comp requirements.and all Fire Life Safety re q 16.04.080 Outdoor advertising signs. Outdoor advertising sign reg- ulations shall be as follows: permitted (a) Zones permitted_. Outdoor advertising signs shall be p only in a C-5 commercial zone or an M-2 or M-3 industrial zone• n shall (b) Height. The maximum height of an round levelutdoor s at t its n base. not exceed thirty-five (35) feet from the g (c) Size. (1) The maximum size dimensions of an outdoor aive (25) feet iinn length shall be twelve (12) feet in height an or wantot 1 maximum sign area of (excluding suppports and foundations) three hundred (300) square feet per face. 12 (2) Outdoor advertising signs may be increasd in area to four- teen (14) feet in height and forty-eight (48) feet in length or a total maximum sign area of six hundred seventy-five (675) square feet per face where permitted as freeway-oriented signs. (3) On freeway-oriented signs, cutouts may project beyond the dLsplay surface and may add up to one-third additional area of permitted display surface and further may extend five and one-half (5' 1/2) feet above, four (4) feet below or two (2) feet to either side of the display surface, provided that the thirty-five (35) foot maximum height. limit is not exceeded by such cutouts. (d) Locations permitted. (1) Outdoor advertising signs shall only be permitted to locate on and orient to U.S. Highway 99W (Southwest Pacific Highway), Oregon State Expressway No. 217, and Interstate Highway No. 5 and in accordance with all State requirements. (2) Outdoor advertising signs shall not have more than one display surface facing in the same traffic direction on any one premises. For the purpose of this provision and for the purposes of applying the spacing limitations or density limitations which follow, a single outdoor advertising structure on which two display surfaces are attached back-to-back shall be considered as one outdoor advertising sign with one display surface facing one traffic direction. (e) Outdoor advertising signs shall not be located within three hun- dred (300) feet of another outdoor advertising sign on the opposite side of the street or highway or within five hundred (500) feet of another outdoor advertising sign on the same side of the street or highway. For purposes of applying this limitation, distances shall be measured as a radius from a sign. Where two or more signs are in violation of these spacing provisions, the first lawfully constructed, erected and main- tained shall be permitted to remain. (f) Outdoor advertising signs shall have all metal structures; pro- vided, however, that the display surface or display surfaces and the stringers used for the support of the display surfaces together with cutouts may be made of other materials. (g) Outdoor advertising signs are not permitted as roof signs. 16.04.090 Sign districts. Signs permitted - No sign shall be erected or maintained in any multiple famiy zoning district except under "Exemptions" or as otherwise noted in these sections. 16-04.09 idential zoning districts. l 13 (a) Permanent subdivision signs. Message limited to name of sub- division only. (1) Area. Permanent subdivision signs may have a maximum area um (32) of two square feet per dwelling unit to a maximumquaX er dsplsy�. square feet F gd--63Nt��n 1 fii s tjUY"beY , ane- ��r (2) het sh ®-- � ,•. - - (3) Maximum height of a permanent clear subdivision areassign Prior to four (4) feet if not in conflict with issuance of the sign permit, the Planning Director shall have on file a copy of an acceptable finding, and agreement describing the maintenance responsibilities for the sign. (4) One ground sign, at each entry point to the subdivision from the public right-of-way, with the site properly lands square feet in the development name and not exceeding thirty-two (32) area. (b) Illumination. Signs in any single family residential zoning have external illumination or reflective type bulbs and district may surface if shall be used for indirect illumination of the display properly shielded from direct glare onto streets and adjacent pro- perties. Sign illumination shall be No sign rind such from districts dnot be shall be reflected upon adjacent premise illuminated between the hours of 12:00 p.m. and 7:00 a.m. 16.04.092 Multiple family residential zoning district. (a) Permanent signs. Message limited to name of the complex. Either one-(I) free-:standing or one (1) wall sign. (b) Free-standing sign Area. A free-standing permanent multi-dwelling sign is (i) a maximum area of limited r play thirty-two (32) square feet, (2) Height and/or clearance. A free-standing multi-dwelling structure sign is limited to maximum height of eight (S) feet. (c) Wall sign (1) Area. A permanent multi-dwellingunit to atrucutre maximum of wall thi thirty-two limited to two square feet per dwe7,�in$ ` to t�•t-�� -� �z � S (32) square feetdr O`'7„ ri-c o c. 14 (2) Height and/or clearance. No wall sign shall extend above the roof line at the wall or the top of a parapet wall, whichever is higher. Illumination. signs in any multiple family residential zoning (d) e . •bulbs and district may have external illumination or reflective p surface if shall be used for indirect illumination of the display scent pro- properly shielded from direct glare onto streets and om d and .not be perties. sign illumination shall be din cin saway h ydis remises. No sig tricts -shall be reflected upon adjacent p illuminated between the hours of 12:00 p.m- and 7:OO a.m. 16.04.093 Residential commercial zoning district. (a) Free-standing signs (1) Area. The maximum permitted area of a free-standing sign shall be twenty-four (24) square feet per sign face. (2) Height. The maximum height of any sign or sign structure shall not exceed eight (8) feet in height. (3) Location. Any free-standing sign shall be located totally tside of any public within the premises site and ouright-of-waY• multiple-faced free-standing sign (4) Number. One (1) rinciple goods, products, r identifying the business, designating the p facilities or services avaiable on the premises shall be permitted. z z (b) 'Wall Sign Area. The maximum permitted area of a wall sign shall not (1) f upon which the sign is located. This exceed 10% of the wall area � includes signs painted directly on the building surface. 6 (2) Height. No wall sign shall extend above ethe roof line at the wall or the top of a parapet wall, whichever is hig (3) Number. No limit, dictated by area requirements. Wall signs are permitted in addition to free-standing signs. 16.04.094 General and highway commercial. (a) Free-standing sign (1) Area. The maximum permitted area of a free-standing sign shall be seventy (70) square feet per earterial re collector streets andsixt sixteen (16) twenty-five (25) square feet along square feet along local streets. I 15 (2) Height and/or clearance. The maximum height of any portion of a sign or sign structure shall be twenty-five (25) feet. The minimum clearance below the lowest portion of a free-standing sign and the ground below shall be fourteen (14) feet in any driveway or parking area. (3) Location. No free-standing sign, or any portion of any free-standing sign, shall be located on or be projected over any portion of a street, sidewalk or other public right-of-way or property except that those currently existing may project over such right-of-way for a distance not to exceed two (2) feet. (4) Number. One (1) multi-faced free-standing sign identifying the business, designating the principal goods, products, facilities or services available on the premises shall be permitted. (5) No free-standing sign shall be permitted on the same premises where there is a projecting sign. 1 (b) Wall sign i (1) Area. The maximum permitted are- of a wall sign shall not exceed 10% of the wall area upon which the sign is located. This in- cludes signs painted directly on the building surface. t (2) Height and/or clearance. No wall sign shall extend above l the roof line at the wall or the top of a parapet wall, whichever is t higher. Nor shall said wall sign be attached to a wall at a height greater than that permitted for a free-standing sign, measured from its adjacent thereto. highest part to the sidewalk or ground level B (3) Number. No limit, dictated by area requirements. Wall i signs are permitted in addition to free-standing signs. (c) Projecting Signs F F (1) Area. Projecting signs shall not exceed twenty-four (24) , square feet of display surface. (2) Height and/or clearance. No projecting sign shall extend above the roof line at the wall or the top of a parapet wall, whichever E is higher; nor shall said projecting sign project into public right-of-way. j 16.04.095 Commercial professional zoning district. B f (a) Free-standing sign 4 (1) Area. The maximum permitted area of a free-standing sign shall be twenty-four (24) square feet per sign face. j i 16 i (2) Height. The maximum height of any portion of a sign shall not exceed eight (8) feet in height. (3) Location. No free-standing sign, or any portion of any free standing sign, shall be located on or be projected over any portion of a street, sidewalk or other public right-of-way on property: . - (4) Number. One (1) multi-faced free-standing sign identifying the business, designating the principal goods, products, faci:lities . or available on the premises shall be permitted services available . (5) No free-standing sign shall be permitted on the -same j permises where there is a projecting sign. (b) Wall sign (1) Area. The maximum-permitted area of a wall shall be 109: of sign is located. This includes signs the wall area upon which the directly painted on the building surface (2) Height. No wall sign shall extend above the roof line at the wall or the top of a parapet wall, whichever is higher. Nor shall a wallgreater than said wall sign be attached to red from its highestpart totthe permitted for a free-standing sign, measu t sidewalk or ground level adjacent thereto. { (3) Number. No limit, dictated by area requirements. Wall signs Ore permitted in addition to free-standing signs. (c) Projecting signs (1) Area. Projecting signs shall not exceed twenty-four (24) square feet of display sup=ace. (2) Height and/or clearance. No projecting sign shall extend above the roof line at the wall or the top of a parapet wall, whichever is higher; nor shall said projecting sign project into any public right-of-way. 16 04 096 Industrial zoning districts. (a) Free-standing sign (1) Area. The maximum permitted area of a free-standing sign shall be seventy (70) square feet per sign face. (2) Height and/or clearance. The maximum height of any portion of a sign or sign structure shall be twenty-five (25) s feet. gn T e drminimum clearance below the lowest portion of a free-standing the ground below shall be fourteen (14) feet in any Y orparking area. r . 17 i (3) Location. No free-standing sign, or any portion of any shall be located on or be projected over any portion free-standing sign, erty- of a street, sidewalk or other public right-of-way or prop (b) Wall sign (1) Area. The maximum permitted area of a wall sign shall be located. This incl 10% of the wall area upon which the sign is includes signs y on the building surface painted directl Height and/or clearance. No wall sign shall Whichever xtend above is (2) p arapet wall, the roof line at the wall or the to of a pwall at a higher. Nor shall said wall sign be attached to a measured fromits greater than that permitted for r and level adjacenanding �ree-stnthereto. highest part to the sidewalk or g (3) Number. No limit, dictated by area requirements. Wall signs are permitted in addition to free-standing signs. (c) Projecting signs (1) Area. Projecting signs shall not exceed eighteen (18) square feet of display surface. Height and/or clearance. No projecting sign shall extend (2) top parapet wall, whichever above the roof line at the wall the sign p project into public is higher; nor shall said projecting rightlaf-ways. 16-04.100 Nonconforming signs. 16.04.101 Conformance. All signs, created in conformance with prior sign regulations shall conform with this title within the time period prescribed herein. All signs erected prior to January 11, 1971shallbe brought (a) December 31, 1983. into conformance by (b) Signs erected after January 11, 1971 and constructed pursuant to formance by December31, previous other titles shall be brought into con 1985. (c) Signs located on premises annexed into the City shallbe remises uare Into conformance within three (3) years from the date such p annexed. (d) All non-conforming signs to this title shall be removed upon a ign e by Certified Mail to the to hs sixty (60) day written noticthe or if the owner of the sign cannot be notified, the owner of structure or premises on which such sign is located. if the owners fail to remove the specified signs within the time allowance of notice, the in i Planning Director may issue citations to responsible parties n appear ce court to show cause for and state non-compliance statutes with this title, all in accordance with city or 18 Signs which have an approved variance from 16.04-102 Exceptions- t from the the provisions of this title or previous titles shall be exempt requirements of Section 16.04.100. rant a rantin The Hearings Authority may. g 16 04 110 Variance g — � this title based on findings that are vari-- the requirements of and land characteristics. not due to practical difficulties, undue hardshipssuch The granting of a variance shy lland swelfare oo find r cause undue.variance hardship l at upon be detrimental to public safe y abutting properties. - 16.04.120 Ri ht of a eal- the Planning Director to (a) Any person who has been ordered by pursuant to this i whose application for a permit or license P may request a remove a sign, or whose permit has been revoked, any action title has been a rings,Authority. Such appeal shall not stay Director appeal to the Hearing Director in any case where the Planning directed by he Planning due to an unsafe condition determines that immediate action is necessaryer to the public. of a sign creating an immediate hazard or danger appeal to the Hearings Authority shall be filed within fif- (b) Any pp Director s Authority shall hear the teen (15) days after the f inal determination H ar ng of the Planning from which the appeal is taken. 30 ds after filing of ke its determination within thirty ( ) aywith respect appeal and ma the appeal request. All decisions of the Hearings Authority this title shall be reported to the city council. to matters under + Director for a sign E (c) Any person who has applied to the Planning may request a appeal of C permit pursuant to the provisions of this title Authority. the Planning Director's decision to the HearingE An decision ht of further review b the city council. Y 16.04.130 ursuant to this title may be further reviewed of the Hearings Authority p and by the city council. Such review t nays afterthe c theil final determination of shall be filed within fifteen Which the review is taken. The council may the Hearings Authority set the matter for and in either instance may accept, reject determine the matter 'de novo' on the record ns may With respect r the hearing at a council meeting, the Hearings Authority or modify any action taken by matter under review** 19 all items required by the Planning Department such as the locations, landscaping if required and general compliance with the approved plans and requirements of this title. 16 04.060 Exempted signs. The following signs shall not require a to all other applicable provisions of this sign permit but shall conform title and shall be permitted in all districts in which the use identified or advertised is permitted, but not within rights-of-way• (a) National, state and institutional flags properly displayed. (b) Signs not exceeding one (1) square foot in area and bearing only property numbers, post box numbers, names of occupants or premises, or other identification of premises not having commercial connotations. i (c) Professional name plates not exceeding two (2) square feet in area. E 4 (d) Signs directing and guiding traffic and parking on private E property, but bearing no advertising matter, not to exceed three (3) square feet in area. (e) Traffic or other municipal signs, directional signs for hospital or emergency services, legal notices, railroad crossing signs, danger signals, and public utility signs. (f) Memorial signs or tablets, names of buildings, and date of erection when cut into any masonry surface or when constructed of bronze or other non-combustible material not to exceed eight (8) square feet in area. (g) Real estate signs not exceeding twelve (12) square feet in area which advertise the sale, rental or lease ::f the premises upon which -,aid signs are located. (h) Signs for the purpose of directing the public to "open house" events providing for sale, rental or lease of premises other than upon which the sign is located provided said signs shall be erected only dur- ing the daylight hours and shall be removed the same day. Said sign shall not be located in such a manner as to cause a public safety hazard or nuisance, and further said signs may not exceed an area of six (6) square feet per display surface. (i) Christmas decorations in season. { (J) One temporary, nor.-illuminated sign on work under construction, not exceeding thirty-two (32) square feet in area; message limited to f identification of architects, engineers, contractors, and other indivi- ction and the name of building, } duals or firms involved with the constru i 9 16 . 04 .010 Title 16 SIGN REGULATIONS 16 . 04 Purpose, Title. 16 .08 Definitions . 16. 12 Permits, 16 .20 Identification, 16 .24 Nonconforming Signs, 16 .28 Removal Provisions, 16 .34 Appeals to Planning Commission, 16 .36 Signs by zone. 16.40 Special Types of Signs . 16 . 48 Administration. Chapter 16 .04 PURPOSE, TITLE Sections : 16 .04 .010 Purpose and scope. 16 .04.020 Short title. t 16 04 010 Purpose and scope. The city council finds that to protect the health, safety, property and welfare of the public, to improve the neat, clean, orderly and attrac- tive- tive appearance of the community, to improve businesses, to . ness of signs in identifying and advertising provide for safe construction, location, erection, and main- tenance of - signs, to eliminate signs that demand rather than ent proliferation of signs invite public attention and to prevr and sign clutter, and to minimize adverse visual safety fac- tors to public highway travelers, it is necessary to regulate the design, quality of materials, construction, location, i electrification, illumination and maintenance of all signs visible from public property or from public rights-of-way. r. This title shall not be construed to permit the erection i n at any place or in any manner un- or maintenance of any s g lawful under any other ordinance or state or federal law. i 188 (Tigard 1/15/77) f 16 . 04 .020--16 .08. 010 16. 04 . 020 Short title. The ordinance codified in this title shall be known as the "sign ordinance" of the city of Tigard and may be so cited and pleaded and shall be referred to herein as "this title. " Chapter 16.08 DEFINITIONS Sections : 16.08.010 Generally. 16.08.020 Area. 16.08.025 Bench sign. . 16.08.030 . Billboard. 16.08.040 Building Official . 16.08.050 Business . 16.08.060 Business of outdoor advertising. .16.08 .070 Construct. 16.08.080 Cutout. 16.08.090 Display surface. 16.08. 100 Electrical sign. 16.08. 110 Externally illuminated sign. 16.08 . 120 Face of a building. 16.08. 130 Free-standing sign. 16.08 .140 Freeway-oriented sign. i 16.08. 150 Flashing sign. 16.08.160 Frontage. 16.08. 170 Incidental sign. 16.08 . 180 Incombustible material. 16.08 . 185 Industrial park. 16.08 . 190 Internally illuminated sign. 16.08 .200 Maintain. 16.08 .210 Nameplate.- 16.08.220 ameplate:16.08.220 Nonstructural trim. 16.08.230 Off-premises sign. 16.08.240 Outdoor advertising sign. 16.08.250 Person. 16.08.260 Plastic material . 16.08.270 Premises. 16.08.280 Projecting sign. 16.08.290 Projection. 16.08 .300 Roof sign. 16.08.310 Rotating or revolving sign. 16.08 .320 Sign. 16.08.330 Sign structure. 16.08 .340 Temporary sign. 16.08 .350 Uniform Building Code. 16.08 .360 Wall sign. 16 .08 . 010 Generally_ For the purpose of this title, words used in the present tense include the future, the 189 (Tigard 7/15/78) ..t 16 . 08 .020--16.08 . 090 singular number includes the plural , "shall" is mandatory and not directory and "building" includes "structures" except "sign structures . " As used in this title, unless the context requires other- wise, the following words and phrases shall have the meanings set forth in this chapter. 16 . 08 . 020 Area. "Area" or "area of a sign" means the entire area within any type of perimeter which encloses the outer limits of any writing, representation, emblem, figure or character. The area of a sign having no such perimeter or border shall be computed by enclosing the entire surface area within a parallelogram or triangle, then computing the area thereof. The area of all signs in existence January 11, 1971, whether conforming or nonconforming, shall be counted in establishing the permitted sign area of all new signs to be allowed for an individual business on a premises . Where a sign is of a three-dimensional or round or irregular solid shape, the largest cross-section shall be used in . a flat pro- jection for the purpose of determining sign area. 16.08 .025 Bench sign. "Bench sign" means a bench designed to seat people which carries a written or graphic message. 16. 08 _030 Billboard. For "billboard, " see "outdoor advertising sign, " Section 16. 08 .240 . 16.08 . 040 Building Official . "Building Official" means the person (or his deputy) charged with the administration and enforcement of this title. 16 . 08 . 050 Business . "Business" means all of the activities carried on by the same legal entity on the same premises and includes eleemosynary, fraternal , religious, educational or social organizations. "Legal entity" includes individual proprietorships, partnerships, corporations, non-profit corpora- tions, associations, or joint stock companies . 16.08 . 060 Business of outdoor advertising. "Business of outdoor advertising" means the business of constructing, erecting, operating, using, maintaining, or leasing outdoor advertising signs . 16 . 08 . 070 Construct. "Construct" means to build, erect, attach, hang, place, suspend or affix. 16 . 08 . 080 Cutout. "Cutout" means every type of display in the form of letters, figures , characters, representations or others in cutout or irregular form attached to or super- imposed upon a sign or advertising sign. ` { 16. 08 . 090 Display surface . "Display surface" means the area made available by the sign structure for the purpose of j displaying the advertising or identification message. i 16 . 08 . 100--16.08 . 200 16 .08 . 100 Electrical sign. "Electrical sign" means any sign containing electrical wiring. 16 08 110 Externally illuminated sign. "Externally illuminated sign" means a sign illuminated from an external light source. 16 08 120 Face of a building. "Face of a building" means all window and wall area of a building in one plane. 16 08 130 Free-standing sign. "Free-standing sign" means a sign erected and mounted on a free-standing frame, mast or pole and not attached to any building. 16-08 . 140 Freeway-oriented sign_. "Freeway-oriented sign" means a sign primarily designed to be read by a motorist trav- eling on a highway designated by the Oregon State Highway Department as a freeway or expressway; specifically, these shall be' Interstate 5, and Oregon State Highway #217, and shall not include U.S. Highway 99W. 16 08 150 Flashing sign_. "Flashing sign" means any sign which is illuminated by. an intermittent or flashing light source or which is in any other way animated so as to create the illusion of movement without actual physical movement or the illusion of a flashing or intermittent lgiht or light source. 16 08. 160 Frontage. "Frontage" means the length of the propetty line of any one premises along a public roadway. 16. 08'. 170 Incidental sign. "Incidental sign" means a sign advertising or identifying associated goods, products, services or facilitic_-�; available on the premises, including, but not limited to, trading stamps, credit cards accepted or brand names. 16.08.180 Incombustible material . "Incombustible material" means any material which will not ignite at, or below, a temp- erature of twelve hundred degrees Fahrenheit during an exposure of five minutes and which will not continue to burn or glow at that temperature when tested in accordance with standards established in the Uniform Building Code. 16. 08- 185 Industrial park. "Industrial park" means four or more contiguous land parcels arranged so that vehicular access to said parcels is by way of a centrally located street or other approved traffic circulation system. 16.08 - 190 Internally illuminated sign. "Internally illuminated sign" means a sign that has an internal source of illumination where the light source is not visible from the exterior of the sign. 16.08. 200 Maintain: "Maintain" means to permit a sign, sign structure or part thereof to continue or to repair or refurbish a sign, sign structure or part thereof. 1'6 . 08. 210--16.08 . 320 16 . 08 . 210 Nameplate. "Nameplate" means a sign identifying only the name and occupation or profession of the occupant of the premises on which the sign is loca' 3d. 16 .08 . 220 Nonstructural trim. "lionstructural trim" means the moldings, battens, caps, nailing strips and latticing, letters and walkways which are attached to a sign structure. 16.08.230 Off-premises sign. "Off-premises sign" means any sign including, but not limited to, a painted sign, temp- orary sign, permanent sign or outdoor advertising sign, which sign advertises goods, products or services which are not sold, manufactured or distributed on or from the premises or a sign which advertises a business or facilities not located on the premises on which the sign is located. 1.6_.08.240 Outdoor advertising sign. "Outdoor advertising sign" means a sign constructed, erected and maintained by a . person licensed to engage in the business of outdoor adver- tising and which sign is an off-premises sign supported by a substantial. permanent sign structure with a display surface or display surfaces primarily designed for the purpose of painting . or posting advertising message thereon at periodic intervals, and where customarily, although not exclusively, the use of the display surface is leased to other persons . 16.08.250 Person. "Person" means individuals, corpora- tions, associations, firms, partnerships and joint stock companies but does not include governmental agencies. - 16.08 .260 . Plastic material ._ . "Plastic material" means those materials made wholly or partially from standardized plastics listed and described in the Uniform Building Code or approved plastics which have been approved by the Under- writers Laboratory for use- in construction of electrical signs. .16.08.270 Premises . "Premises" means a lot or two or more lots on which are constructed or on which are to be con- structed a building or a group of buildings designed as a unit. 16.08.280 Projecting sign. "Projecting sign" means a sign other than a wall sign which projects from a building. 7.6 .08. 290 Projection. "Projection" means the distance by which a projecting sign extends from a building. 16.08.300 Roof sign. . "Roof sign" means a sign erected upon or directly above a roof or parapet of a building or structure. 16.08 .310 Rotating or revolving sign. "Rotating or revolving sign" means any sign, or portion of a sign, which moves in any manner. 16. 08.320 Sian. "Sign" means an advertising sign, out- door advertising sign, on-premises sign, display, temporary sign, temporary sign display, message, light (other than a device used primarily to illuminate a building or a premises) , 16 . 08. 330--16. 12.010 emblem, device, figure or mannequin, painting, drawing, placard, poster or other thing that is designed, used or intended for advertising purposes, or to inform or to attract the attention of the public, and includes, where applicable, the sign structure, display surfaces and all other component parts of the sign. 16 08 .330 Sign structure. "Sign structure" means any structure which supports or is capable of supporting any sign as described in the Uniform Building Code. A sign structure may be a single pole and may or may not be an integral part of a building. 16 08.340 Temporary sign. "Temporary sign means any sign, banner, pennant, a-frame, valance or advertising display constructed of cloth, canvas, 'light fabric, cardboard, plywood, wood, wallboard, plastic, metal or other similar materials, with or without frames, which is not permanently erected or permanently affixed to any sign structure, sign tower, or building and which is not an electrical sign or an internally illuminated sign. 16 08 350 Uniform Building Code. "Uniform Building Code" means the Uniform Building Code as adopted by the City of Tigard, Oregon, a copy of which is on file in the office of the city recorder and which Uniform Building Code, by this reference, is incorporated in this title to the extent of specific citations t thereof in this title. 16.08_360 Wall sign. "Wall sign" means any sign attached to, painted on, or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of the wall. Chapter 16. 12 PERMITS 16.12 .010 Permits Required. 16.12.020 Application 16. 12.030 Fees i 16. 12 .040 Inspections 6 16.12 .010 PERMITS REQUIRED. No sign shall hereafter be erected, re-erected, constructed, altered or relocated within r the city limits except as provided by this Code, and a permit for the same has been issued by the Building Official . A sep- arate permit shall be required for a sign or signs for each business entity and/or a separate permit shall be required for each group of signs on a single supporting structure. A sep- arate permit shall be required when it is proposed to remove a sign from its supporting structure for its repair and mainten- ance. See Section 16.24 and 16 .28 Non-Conforming Signs . In addition, an electrical permit shall be obtained for all illumi- nated signs, from the enforcing agency, subject to the provisions of the State Electrical Code. 16 . 12.020 16 . 12 . 020 APPLICATION. Application for sign permits shall be made in writing upon forms furnished by the Building Official . The application shall show the location by street and number of proposed sign and the name and address of the owner and sign contractor or erector. The following information shall accompany the application : 1 . A minimum of two copies of plot plans, drawn to scale, and a scale drawing of the sign. The plot plan shall indicate the location of the sign, all buildings, property lines, existing signs, streets, driveways and overhead power lines on the prem- ises. The plot plan shall show the approximate location of the neighboring signs and buildings within one hundred feet on either side of the subject premises . 2 . The scale drawing of the sign shall show sign demen- sions, the colors, materials, height above ground, source and intensity of any illumination and the construction showing size of footings, anchorages, welds, etc. 3 . The building Official may require engineers' calcu- lations for sign construction, anchorage and footing requirements, to meet wind resistance and seismic forces, all in conformance with the requirements of the adopted City Uniform Building Codes . All sign structures on or near a building shall conform to the State Fire Life Safety requirements of the building, structure or area where it is erected. 4 . All electrical illuminated signs shall bear the Under- writers Laboratory label . 5. The proposal for sign permits shall be submitted to the City Planning Director by the Building Department for his review of the following items : a) Location of sign or signs on the premises. b) Lettering, colors and architectural compatibility. c) Size, height and configuration. d) Type such as readerboard type, etc. The Planning Director shall review the sign permit proposal to determine whether the sign as proposed is acceptable given its impact on public safety, the architectural compatibility of the elements of the sign, one with another, the compatibility of the sign with its surroundings, the sign's aesthetic qualities and its consistency with the needs of the business or businesses to which it relates. These aesthetic considerations shall be made according to the criteria set forth in subsection (6) of this section. 6 . The purpose of design review of signs is to improve the quality of design and to attempt to improve the general appearance of the business and industrial community. The intent of this process is to review the work submitted, not to perform the design work for the applicant. Neither is it the intention of this title to substitute the personal taste of a reviewer for that of the applicant, but rather to perform an objective analysis of the proposed sign according to the standards embodied t in this section. In reviewing the design of sign proposals the i Planning Director and, in the event of an appeal , the design • E 194 ` 16, 12 . 03o--16 . 12 .040 review board, shall consider particularly the following: a. Letters, including: ( i) style, for legibility and continuity, ( ii) size of copy, in relation to background, (iii) amount of copy, in relation to sign size, b. Colors, including: ( i) compatibility with building colors, ( ii) compatibility with each other, C. Overall design as it relates to the building and suitability to the location. 16 .12.030 FEES. Each applicant for .a sign permit as a condition precedent to granting of such permit, shall pay to the city with respect to the" proposed construction, alter- ation or relocation of a sign for which a permit is required as follows: Fees as established by City Council by resolution. Sign Area Permit Fee" 0 25 square feet 25 100 square feet ( 100 square feet for each additional 100 square feet or .fraction thereof minimum permit re-inspection All permits shall expire within 90 days of issuance when it has been determined by the Building Official that no work has been done on the work authorized by said permit. Such permit may be -renewed for up to an additional ninety day period without additional charge when requested in writing by the applicant to the Building Official. This renewal option does not apply to any action taken by the City on non-conforming signs or- signs which have been determined a public hazard. 16 .12.040 INSPECTIONS: 1. General . All construction work for which a permit is required shall be subject to an inspection by the Building Official . A survey of the lot or proposed location for sign erection may be required by the Building Official to verify compliance of the structure with approved plans . Neither the Building Official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 2 . Inspection Requests. It shall be the duty of the person doing the work authorized by a permit to notify the 16 . 12. 040--16.16 Building Official that such work is ready for inspection. The Building Official may require that every request for inspection be filed at least one working day before such inspection is desired. r.. 3 . Required Inspections., Reinforcing steel or structural framework of any part of the proposed structure shall not be covered or concealed without first obtaining approval of the Building Official . a) Foundation Inspections : To be made after all required excavations, form work, bolt settings are completed and ready to receive concrete. b) All anchorages left exposed for inspection. c) Electrical inspection to be made by agency- issuing electrical permits. d) Final Inspections. Final inspection shall be called for by the applicant when all. work is completed. This inspection shall cover all items required by the Planning Dept. such as the locations, landscaping if required and general com- pliance with the approved plans and requirements of this title. 16.12.050 Exemptions. The following signs and operations . shall .not require a sign permit but shall conform to all other applicable provisions of this title: 1 . Real estate signs not exceeding twelve square feet in area advertising exclusively the sale,. rental or lease of the prernises .upon which the signs are located; 2. .Nameplates not exceeding eight square feet in area; 3 . The changing of the advertising copy or message on a painted or printed sign. or advertising sign or upon a theater marquee or similar: sign specifically designed for the use of replaceable copy; 4 .' On-site painting, repainting, cleaning and normal maintenance and repair of a sign; 5 . Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials; 6. A sign denoting the architect, engineer, contractor, subdivision or development when placed upon work under construc- tion, and not exceeding thirty-two square feet in area provided that such sign is removed within thirty days from date of issu- ance of the final occupancy permit or two years, whichever is less; 196 16 . 20. 010--16 . 24 . 015 Chapter 16 . 20 IDENTIFICATION Sections : 16 . 20. 010 General Requirements . 16 . 20.010 General Requirements. Each sign for which a sign permit is required shall have affixed to the sign the name of the sign erector, the date of erection, electrical . power consumption in amperes and an Underwriters ' Laboratory label, if applicable. Such information shall be in suffi- cient size and contrast to be readable upon inspection. Chapter 16.24 NONCONFORMING SIGNS Sections : 16. 24.010 Removable Notice. 16 . 24.015 Continuance -- Exception. 16 .24 .010 Removable Notice. The Building Official shall give a written notice by certified mail to the owner of the non-conforming sign, or if the owner cannot be located, to the owner of the building, structure or premises on which such sign is located, .to remove :the sign or bring it into compliance with this title. The time limit of conformance or removal of signs shall be as stated in Section 16 .28 . 010 . 16 . 24 .015 Exceptions. a) All signs in existence on January 11 , 1971 which do not conform to the provisions of this title, but were constructed, erected or maintained in compliance with all previous regulations, may be continued for a period of ten years from January 11 , 1971. b) Signs located on premises annexed into the city after January 11, 1971, which do not comply with the provisions of this title, shall be brought into compliance with this title within a period of ten years after the effective date of the annexation. c) Those signs which are non-conforming according to the standards in Ordinance No. 77-89 and No. 78-16 may be continued until 3-20-88 (ten years after date of ordinance) , except signs which are already non-conforming, as per Section 16 . 24 . 015, Section (a) . d) Signs which have an approved variance from the provisions of Title 16 by the Planning Commission. Chapter 16.28 SIGN REMOVAL PROVISIONS 197 16 . 28 . 010 16 .28 . 010 SIGN REMOVAL PROVISIONS . All signs erected in violation of this title shall be removed under the following procedures : i a) Small temporary "A" frame signs , flashing or rotating signs, flags, banners, balloons, displays shall be removed immediately upon written notice to owner or displayer, by the Building Official . b) Any sign by reason of its location or condition presents an immediate and serious danger to the public shall. be removed or repaired within a period of time the Building Official may specify by written notice. c) Abandoned Signs . Any person who owns or leases a sign shall remove such sign and sign structure when either the business that it advertises has discontinued business in the city or the business that it advertises is no longer conducted in or upon the premises upon which such sign is located. If the person who owns or leases such sign fails to remove it as provided in this section, the Building Official shall give the owner of the building, structure or premises upon which such sign is located sixty days written notice to remove it. If the sign has not been r. moved at the expiration of the sixty days notice, the Building Official or his duly authorized representative, may remove such sign at cost to the owner of the building, structure or premises . Signs which the successor to a person's business. or business location agrees to maintain as provided in this title need not be re- moved in accordance with this section. Cost incurred by the Building Official , or his duly authorized representative, .may be a lien against the land or premises on which such sign is located and may be collected or foreclosed in the same manner as liens otherwise entered in the liens docket- of the city. d) All non-conforming signs to this title shall be removed upon a sixty (60) day written notice by Certified Mail to the owner of sign or if the owner of sign cannot be notified, to the owner of the structure or premises ' on which . such sign .is located. If the owners fail to remove the spec- ified signs within the time allowance of notice, the Building Official may issue citations to responsible parties to appear in court to show cause for non-compliance with this title, all in accordance with city ordinances and state statutes . e) Signs in setback areas. Where the supporting member of any sign (optional-floodlight standard) is to be permanently erected or is affixed to the ground within a specific setback area established pursuant to Title 18, no permit shall be issued for such sign (optional-floodlight standard) until the person who will own the sign and the owner of the premises upon which the sign will be erected, enter into a written agreement with the city providing for removal of such supporting member when necessary. The agreement shall provide that the sign owner and the owner of the premises, their admin- istrators, executors, heirs, successors and assigns shall be jointly and severally liable for removal of the sign after sixty (60) days ' written notice from the Building Official. 16. 28 .010-- 16.34 .020 Such notice shall be given only when public improvement is to be made within the setback area. The agreement shall further provide that if the persons responsible for the removal of the supporting member do not remove it, the city may do so at expense of such person and the cost or expense may b`e a lien against such land or premises and may be collected or foreclosed in the same manner as liens are entered in the docket of the city. The agreement shall also provide that the owner of the affected premises and the .owner of the sign shall not be entitled to any damages or compensation on account of moving or removing of the supporting member or stan- dard or portion thereof. The agreement shall be in a form pre- scribed by the city attorney and shall be acknowledged before an officer authorized to take acknowledgments and deeds and who is to authorize the same to be of record. The city recorder shall cause such agreement to be recorded at the office of -the county officer having custody of the deed records for the county in which the affected premises are located. This section shall not be construed as denying the owner of such property the right to compensation for any land taken for widening of any street. Chapter 16.34 APPEALS TO THE PLANNING COMMISSION Sections: 16.34.010 Right of appeal . 16 .34.020 Variance granting. 16..34 .030 Right of further appeal to city council . 16.34 .010 Right of appeal_. a) Any person who has been ordered by the Building Official to remove a sign, whose application for a permit or license pursuant to this title has been refused, or whose permit has been revoked, may appeal to the city planning commission. Such appeal shall not stay any action directed by the Building Official in any case where the Building Official determines that immediate action is necessary due to an unsafe condition of a sign creating an immediate hazard or danger to the public. b) Any appeal to the planning commission shall be filed within thirty (30) days after the final determination of the Building Official from which the appeal is taken. The planning commission shall hear the appeal and make its deter mination within thirty (30) days after filing of the appeal. All decisions of the planning commission with respect to matters under this chapter shall be reported to the city council . c) Any person who has applied to the Building Official for a sign permit pursuant to the provisions of this title may . appeal the Building Official 's decision to the planning commission. 16 .34 .020 Variance granting. The planning commission may grant a variance from the provisions of this title based on findings that due to practical difficulties, undue hardships f or inconsistencies with the objectives of this title, the strict or literal interpretation and enforcement of a specific requirement hereunder should be waived or modified. 199 16.34 . 030-- 16 .36 .020 -16 .34 . 030 Right of further appeal to city council . Any dcision of the planning commission pursuant to this title e may be appealed to the city council . Such appeal to the council shall be in writing and shall be filed within ten days after the final determination of the planning -commission from which the appeal is taken. The council may determine the matter de novo on the record or may set the matter for hearing at a regular council meeting, and in either instance may accept, reject or modify any action taken by the planning commission with respect to the matter under appeal . I Chapter 16 .36_ SIGNS BY ZONE Sections : 16 .36.010 Generally. i 16.36.020 Single-family or residential zones. 16.36.030 Multifamily residential zones. 16.36.040 Commercial and industrial zones . E 16 .36 .010 Generally. Except as provided in this chapter, r no person shall install or maintain any sign in the city in the zones listed in the following sections . Reference to zones are those established by or pursuant to Title 18 . • 16 36 020 Single family or residential zones. No sign of any character shall be permitted in an R-5, R-7, RIO, R-15, R-20 or R-30 zone except the following: 1) Nameplates. Sign bearing only property numbers, names of occupants . of the premises or other identification of the premises not having a commercial connotation not exce: 'ing a combined area of four square feet. 2) Real Estate Signs . One onsite sign for each street frontage offering the premises for sale, lease or inspection by the public provided that the total area of such sign does not ` exceed six square feet in area. Such signs may also be modified 1 to indicate that the property has been sold. 3) Permanent Subdivision Identification Signs . One ground sign, at --ach entry point to the subdivision from the public right-of-way, with the site properly landscaped, denoting the development name and not exceeding thirty-two square feet in area. Illumination may .be approved as long as it does not create a public or private nuisance. 4) Directional Signs . All directional signs shall have written approval of the Public Works Director of the city and shall be provided by the city, utilizing their standard street sign format. The applicant shall pay for all applicable cost and fees for the sign and its erection. Directional signs may be allowed for the following uses : a) Public and parochial elementary, junior and high schools; b) Public parks and golf courses ; E c) Public auditoriums, coliseums, stadiums, civic centers or other public meeting places, i d) Churches . 16 . 36 .020--16 . 36 . 030 Directional signs shall contain only the common name of the use . The size of directional signs shall be determined by auth- ority of the city. 5) Real Estate Directional Signs. Real estate signs adver- tising an open house and located off the premises, limited to a sign area of six square feet and a maximum dimension of four feet may be erected and maintained, provided the display of such sign shall be only during those hours the property is available for inspection. ' No other off-premises directional signs shall" be allowed. No permits are required for such signs, but the planning director may establish reasonable rules and regulations to prohibit sign clutter, erection of unsafe signs, or other problems in connection with the erection of real estate directional signs. 6) Political Signs. For political sign regulations, see .subsection (b) of Section 16.40.010 . 7) (a) Freestanding signs for conditional uses in resi- dential and multifamily zones shall be subject to review by the plannin commission according to the procedures prescribed in Chapter 18.72, Conditional Uses, for which the following stan- dards are recommended: Area Height. (square feet Street Type (in feet) per sign face) Local 8 12 Collector 12 20 Arterial 16 65 (b) Churches and schools are permitted to have reader boards depicting events and services, but not in excess of the allowable sign area. (c) Wall Signs. Wall signs shall not exceed five percent of the front wall area and not be permitted on side or rear wall . 16.36 030 Multifamily residential zones. No sign shall be permitted in an A-12, A-20, A-40, A-70 or 80 PD zone except the following: 1) Permanent Residential Nameplates Identifying the Premises. Total signing on a premises shall not exceed one square foot of area per dwelling unit. 2) Incidental Signs. Such signs shall only be permitted when attached to a permanently affixed sign structure or to the wall of the building. 3) Real Estate Signs . One onsite sign offering the premises for sale providing that the total area of such sign does not exceed twelve square feet. Such signs may be modified to indicate that the property has been sold. 4) Nonresidential Signs . One illuminated or nonillumi- nated sign not exceeding twelve square feet in area identifying any nonresidential use permitted in a multiple-family residential zone. 5) Directional Signs. Such signs shall be as permitted in subsection (4) of Section 16 .36 . 020 . 6) Real Estate Directional Signs. Such signs shall be as permitted in subsection (5) of Section 16 .36 .020 . 7) Political Signs . For political sign regulations, see subsection (b) of Section 16 .40 . 010 . i 16 .36 . 040-- 16 . 36 . 040 Commercial and Industrial Zones . No signs shall be permitted in any commercial and industrial zone, except those signs listed in this section. Freestanding signs shall have certain limitations and conditions when permitted on properties zoned commercial and industrial and fronting on arterial and collector streets as they are designated in Title 18 of the City Municipal Code. One multifaced freestanding sign, identifying the principal goods, products, facilities or services available on the premises, shall be permitted on any premise, subject to conditions and limitations as stated herein: C-5 ZONE Signs Permitted. One freestanding property ident- ification ground sign shall be permitted for the development on each side abutting a street. On a corner, a ground sign may not protrude into the triangle formed by the corner and a point measured twenty feet from the corner along each street; the maxi- i mum height of this sign shall be seven feet, and it shall not exceed sixty square feet in area. This sign shall not be internally illumi- nated nor shall there be any exposed neon tubes or other bulbs, and k illumination shall be of low intensity. One wall signs shall be permitted for each separate use, the area of which shall not ex- t ceed ten square feet in area. No moving or intermittently flashing signs shall be permitted. Commercial-Professional Zone (CP) Signs Permitted. a) There shall be not more than one square foot of sign area for each one hundred square feet of floor area within the building or buildings to be identified. No sign shall exceed fifteen square feet in size unless approved under paragraphs (c) or (f) of this section. b) . No sign shall project above the roof line or extend over a public sidewalk or right-of-way. All faces of signs shall be parallel to the face of the building upon which the sign is located and to which the sign pertains. c) Sign- may be painted or otherwise applied directly to a wall providing such sign is an integral part of building design and approval is obtained for such sign from the design review board. d) The sign may be lighted with indirect lgihting. No neon t (exposed tubing) , plastic (interior illumination) , blinking, flashing or animated signs shall be permitted. d) No billboards or "incidental use signs" shall be permitted. f) Freestanding signs designating a particular project site . or building may be permitted in lieu of building-mounted signs subject to specific approval by the design review board. I ' 4 Signs in a planned development district for the specific -purpose of site identification, building identification, tenant identification and traffic direction may be permitted in such planned development district as approved in the general plan subject to design review board approval, providing that an integrated sign theme is carried out compatible with the overall j development and consistent with the approved general plan and ►�< program. Arterial Streets . Freestanding signs shall conform to the following conditions and limitations : Are.a Limit. The maximum square footage of sign allowable shall be seventy square feet per face or a total of one hundred forty square feet for all sign faces . If the sign is moved back 16 .36 . 040-- from the property line which parallels the street the sign is facing, the sign area may be increased at the rate of one square foot per lineal foot, measured from the property line to that portion of the sign nearest the property line . If the property line is more than fifteen feet from the edge of the road pave- ment, the measurement shall be made from that portion of the signs nearest the pavement to a point fifteen feet from the pavement edge. The maximum aerofaceeorarea totalunder of this eprovision shall be ninety sq P eighty square feet for all sign faces . Height. No freestanding sign located at the right-of-way edge shall exceed twenty feet. Height may increase one foot for each ten feet of setback from the property line (or fifteen feet from pavement edge, whichever is less) to a maximum of twenty-two feet. COLLECTOR STREETS. Freestanding signs shall conform to the following conditions and limitations : Area Limit. The maximum square footage of sign allowable shall be twenty-five square feet per face or a total of fifty square feet for all sign faces. I.f the sign is moved back from the property line which parallels the street the sign is facing, the sign area may be increased at the rate of one square foot per lineal foot, measu,redfrom the property line to that -portion of the sign nearest the property line. If the property line is more than fifteen feet from the edge of the road pavement, the measurement shall be made from that portion of the sign nearest the pavement ( to a point fifteen feet from the pavement edge. The maximum allowable area under this provision shall be forty-five square feet per face or a total of ninety square feet for all sign faces . Height. A freestanding sign located at the right-of-way edge shall not exceed sixteen feet in height. Height may increase one foot for each ten feet of setback from the property line (or fifteen feet from the pavement edge, whichever is less) .�� a max- imum of eighteen feet) . LOCAL STREETS . All other streets within the city. Area Limit. The maximum square footate of sign allowable shall be sixteen square feet per face or a - total of thirty-two square feet .for all sign faces . If the sign is moved back from the property line which parallels the street the sign is facing; the sign area may be increased at the rate of one-half square foot per lineal foot, measured from the property line to that portion of the sign nearest the property line. If the property line is more than fifteen feet from the edge of the road pavement, the measurement shall be made from that portion of the sign nearest the pavement to a point fifteen feet from the pavement edge. The maximum allowable area under this provision shall be twenty-six square feet per face or a total of fifty-two square feet for all sign faces . Height. No freestanding sign located at the right-of-way edge shall exceed fourteen feet in height. Height may increase one foot for each ten feet of setback from the property line (or fifteen feet from the pavement edge, whichever is less) to a maximum of sixteen feet. 16 . 36 . 040-- Other Reaiiirement_s . if the design reviewer determines that md the signs v ' isual appeal and overall design quality n area served, an additional fifty percent of the allowable sig of sign height (to include the pole and twenty-five percent No copy will be permitted, however, in cover) may be permitted. permitted. For purposes of this the additional area or height symbols, logos, and figures, subsection the word "copy,, - as well as letters . standards Where a premise fronts on more than one street, is oriented equally for the street towards Tn1thethe eventsign thessignented shall be the controlling standard_ the more premissive of the .two sets towards more than one street, of standards shall be applied. Except for time and temperature signs and theater marquees the and signs used by auto service stations in sidnr eattedapursuant current price of gasoline, ne freestanding g typeknownas a reader to this section shall include a sign of the treader board" is board. For the purposes of this section, a of the message defined as a sign designed to permit the changing sign made uentl as, for example, a g of the sign regularly or changeablefrequently paperfaced letters, or a rack up of a blackboard, designed to hold moveable signeshall•be surrounded by an area set Each freestandingnegoin the parking E aside to. protect the sign from vehicles elates, and the area set area of the business toiCh the sizegandeshape�of the area set aside shall be landscaped. shall be represented on the plot plan t aside and the landscaping subject to the review required by Section 16 . 12 .020 and shall be or or his agent. On existing and control of the planning directthe minimum sites where a landscape island ortiontofeasfreestanding sign and clearance between the lowest p vehicle maneuvering area. the ground shall be fourteen feet in any Every freestanding sign ercted after the date of passage of of the ordinances codified 1andthis the address section snumber nOfrthe apremises Incorporate a pole cover into its designhall, being identified must be addresshibitenumberd on lmust beeconstructed nsosasn or the building, and theon the street toward - - to be readable from the automobiles passing upon which the sign is oriented. an any portion of any freestanding No freestanding sign, ected over any portion of a sign, shall be located on or be pro? or property. Signs street, sidewalk or other public right-of-way as provided in Sec. 16 .20.040 . may be located within setback areas only le tenant but is When a premises contains more than rasingleovisions of a freestanding not defined as a shopping center, the p e needs 0 sign shall take into shalldtakeiintohconsiderationithepneedefor tenants. The design appearance and providing a signing system which is harmonious in The building owner shall provide at his own expense legibility. to an additional a common support for all tenant signabgeepermi permitted when deemed fifty percent of sign copy area may identify the ( necessary by the planning director to adequately separate tenants . 16 .36 . 040-- Shopping centers or industrial parks, defined as areas of not less than eight business units and consisting of not less than four acres, shall establish a single signing format. The sign shall include the complex name and street number. Up to an additional fifty percent of sign area may be permitted when deemed necessary by the planning director to adequately identify the complex. This increase should be judged according to unique identification needs and circurmstances which necessitate additional area to make the sign sufficiently legible. When a shopping center or industrial park has more than one main entrance on separate frontages, a second freestanding sign may be allowed. The two allowable signs shall face separate frontages and are not intended to be viewed simultaneously. ` Wall Signs. Allowable Area. In addition to signs permitted by this section, wall signs including illuminated reader board may be erected or maintained but shall not exceed in gross area ten percent of the building frontage occupied by the tenant. Signs placed within one foot of the display windows and designed to be viewed from the exterior of the building shall be included in determining the amount of such building face. Wall signs may not project more than eighteein inches from the wall or above the wall to which they are attached. In buildings where one or more tenants occupy a portion of a building which does not include any portion of an exterior wall having exposure to a public street, allowable wall sign area i will be computed in the following manner: each tenant not having building frontage may have a wall sign on the wall having street exposure (front wall) provided it does not exceed in sign area that portion of sign area permitted that front wall tenant having the smallest proportion of allowable sign area. In this type of building the allowable proportion of front wall sign area shall be compute;' as fifteen percent of the total building face. A wall sign program shall be established for all multitenant build- ings, no new permit to be issued until such a program is established. On preexisting buildings, each new tenant will adhere to the est- ablished program. Supplemental Design Features . If the design reviewer deter- mines that the wall sign's visual appeal and overall design quality would be served, an additional fifty percent of the allow- able sign area may be permitted. No copy will be permitted, how- ever, in the additional area permitted. For purposes of this subsection, "copy" includes symbols, logos, and letters . Painted Signs . Wall signs painted directly onto the wall surface shall not exceed in gross wall area five percent of the face of the building they are painted upon, and the vertical dimension of the sign cannot exceed twenty percent of the height of the wall . Real Estate Signs. No more than signs offering the premises for sale, lease, or inspection by the ib1 `_c shall be permitted. The total area of each sign shall not e1,�eed thirty-two square feet. Such signs may be modified to indicate that the property has been sold. Moving Signs. No sign shall have or consist of any moving, rotating, or otherwise animated part. 16 . 40 . 010-- 16 .40 . 030 Chapter 16 . 40 SPECIAL TYPES OF SIGNS Sections : 16 .40 . 010 Flags, banners; political signs . 16 .40 .020 Public utility signs and signs required by law. 16 .40 . 030 Signs not designed to be viewed from any public street or public right-of-way. 16 . 40 . 040 'Certain signs prohibited. 16 .40 .060 Flashing signs and sign illumination. 16 .40 . 090 Outdoor advertising signs . 16.40 .095 Bench sign. 16. 40 .010 Flags, banners, political signs . (a) Prohibited Display of Flags and Banners. It is unlawful to erect or maintain strings of pennants, banners or streamers, festoons of lights, clusters of flags, strings of twirlers or propellers, flashing or blinking lights, flares, balloons, and similar devices of carnival character. . Flags and banners not prohibited are: 1) National, state, and institutional flags properly displayed; 2) Christmas decorations in season; and t" 3) Streamers, .banners, etc. , used for one week only to call attention to grand opening of a completely new business. (b) Political Signs . Signs relating to the nomination or elec-�:ion of any individual for a political office or advocacy of any measure to be voted upon at any special or general election shall be allowed under the following conditions : 3.) Such signs shall be temporary in nature and shall be removed within ten days after the election. 2) Any such sign to -be placed in a residential zone shall not exceed an area of twelve square feet. 3) Except for outdoor advertising signs, any such sign to be placed in a nonresidential zone shall not exceed an area of thirty-two square feet. 4) Any person intending to place such signs shall, prior to placing any sign, execute a removal agreement covering these provisions and shall file a one-hundred-dollar bond or one hundred dollars in cash with an agreement acceptable to the city attorney, refund conditioned upon guaranteeing removal of the signs within the time specified. 5) No political sign shall be erected within or on any public property or right-of-way or affixed to any pole, post, standard or other support located within or on public property or a public right-of-way. 16.40 . 020 Public utility signs and signs required bL l Nothing in this title shall prevent the erection, locatio construction of signs on private property where such erec construction or location is required by any law or ordina nor shall any public agency or utility be prohibited from ({ erecting signs on private property when otherwise permitt 16 . 40 . 030 Signs not designed to be viewed from any 16 . 40 . 030--16 . 40 . 60 16 . 40. 030 Signs not designed to be viewed from any public street or public right-of-way. Nothing in this title shall prevent the erection, location or construction of directional or instructional signs on private property when such signs are solely designed to direct or to guide or to instruct pedestrians or vehicular traffic while on the parcel of real property on which the signs are located. No sign permit or fee shall be required for such signs . 16. 40.040 Certain signs prohibited. a) UNSAFE SIGNS OR IMPROPERLY MAINTAINED SIGNS. No sign shall be constructed, erected or maintained unless the sign and sign structure is so constructed, erected and maintained as to be able to withstand the wind, seismic and other loads as speci- fied in the Uniform Building Code. No sign shall be constructed, erected or maintained in violation of the maintenance provisions of this title, including temporary "A" frame signs of any size. b) SIGNS AT INTERSECTIONS. No sign shall be erected at intersections of any streets in such a manner as to substantially obstruct free and clear vision nor shall any sign be erected at any location where, by reason of the position, shape or color, it may interfere with, obstiuct the 'view of, or be confused with, any authorized traffic signal or device; nor shall any sign be erected which makes use of the word "stop, " "look, " "danger, " or any other similar word, phrase, symbol or character in such manner as is reasonably likely to interfere with, mislead or confuse motorists. c) OBSCENITY. No sign shall bear or contain statements , words or pictures of an obscene, indecent or immoral character, such as is likely to offend public morals or decency. d) OBSTRUCTING SIGNS. No sign or sign structure shall be constructed in such a manner or at such a location that it will obstruct access to any fire excape or other means of egress from a building or any exit corridor, exit hallway or exit doorway. No sign or supporting structure shall cover, wholly or partially, any window or doorway in any manner that it will substantially limit access to the building in case of fire. e) No off-premises sign shall be permitted in any commercial or industrial zone, except outdoor advertising signs, as regulated in Section 16 . 40.090. f) Strings of bare lights shall not be constructed, erected or maintained within view of any public street or public right-of- way. This subsection shall not apply to Christmas lighting displays. g) No sign or sign structure shall be constructed in such a.- manner or location that it will obstruct access to any fire excape or ther means of egress from a building or any exit corridor, exit hallway or exit doorway, and no sign or supporting structure shall cover, wholly or partially, any window or doorway in any manner that will substantially limit access to the building in case of fire. h) All signs of an incidental or temporary nature not perm- anently affixed to the ground shall be prohibited, with the exception of real estate signs as permitted in this title. 16 .40 .060 Flashing signs and sign illumination. a) No exposed reflective-type bulbs, strobe lights, rotary beacons, par spots, zip lights or similar devices shall be per- mitted. No exposed incandescent lamp which exceeds twenty-five 16 . 40 . 060--16 .40 .090 watts shall be used on the exterior surface of any sign so as to expose the face of such bulb or lamp to any public street or public right-of-way. b) No flashing signs shall be_permitted except those showing time and temperature only. c) The surface brightness of any sign shall not exceed that produced by the diffused output obtained from eight hundred milli- ampere fluorescent light sources not closer than eight inches on center. 16 40 090 Outdoor advertising signs__ Outdoor advertising sign regulations shall be as follows : 1) Zones Permitted. Outdoor advertising signs shall be permitted only in a C-3 commercial zone or an M-2 or M-3 indus- trial zone. 2) Height. The maximum height of an outdoor advertising sign shall not exceed thirty-five feet from the ground level at its base. 3) Size. a) The maximum sign dimensions of an outdoor adver- tising sign shall be twelve feet in height and twenty-five feet in length (excluding supports and foundations) or a total maxi- mum sign area of three hundred square feet per face. -.- b) Outdoor advertising signs may be increased in area to fourteen feet in height and forty-eight feet in length or a total maximum sign area of six hundred seventy-five square feet per face where permitted as freeway-oriented signs. c) On freeway-oriented signs, cutouts may project beyond the display surface and may add up to one-third addi- tional area of permitted display surface and further may ex- tend five and one-half feet above, four feet below or two feet to either side of the display surface, provided that the thirty- five foo} maximum height limit is not exceeded by such cutouts . 4) Locations Permitted. a) Outdoor advertising sings shall only be permitted to locate on and orient to U.S. Highway 99W (Southwest Pacific Highway) , Oregon State Expressway No. 217, and Interstate Highway No. 5. b) Outdoor advertising signs shall not have more than one display surface facing in the same traffic direction on any one premises. For the purpose of this provision and for the purposes of applying the spacing limitations or density limitations which follow, a single outdoor advertising structure on which two dis- play surfaces are attached back-to-back shall be considered as one outdoor advertising sign with one display surface facing one traffic direction. 5) Outdoor advertising signs shall not be located within three hundred feet of another outdoor advertising sign on the opposite side of the street or highway or within five hundred feet of another outdoor advertising sign on the same side of the street or highway. For purposes of applying this limitation, distances shall be measured as a radius from a sign. Where two I _ 16 . 40. 090--16 . 48 . 030 or more signs are in violation of these spacing provisions, the first lawfully constructed, erected and maintained shall be permitted to remain. 6) Outdoor advertising signs shall have all metal structures ; -provided, however, that the display surface or display surfaces and the stringers used for the support of the display surfaces together with cutouts may be made of othOr materials . 7) Outdoor advertising signs are not permitted as roof signs . 16.40 . 095 Bench signs, Bench signs shall only be permitted at designated transit stops in commercial, industrial, and multi- family zones where no bus shelter presently exists . There shall be no more than one bench sign per allowable transit stop. Place- ment of the bench sign shall not interfere with pedestrian traffic or traffic vision. Application for a bench sign shall include the signature of the affected property owner and proof of liability insurance. 16 .44. 030 Maintenance - Standards generally. All signs, together with all of their supports, braces, guys and anchors shall be kept in good repair and shall be maintained in a safe condition. All signs and the site upon which they are located shall be maintained in a neat, clean and attractive condition. Signs shall be kept free from excessive rust, corrosion, peel- ing paint or other surface deterioration. The display surfaces of all signs shall be kept neatly painted or posted. Chapter 16.48 ADMINISTRATION Sections : 16 .48. 010 Sign permit authority. 16. 48.020 Enforcement authority - Right of entry. 16.48. 030 Violation - Penalty. 16 .48.010 Sign permit authority. All applications for sign permits shall be submitted to and be approved by the Building Official . 16 .48_020 Enforcement authority, Right of entry. The building official is authorized and directed to enforce all of the provi- sions of this title. All signs for which permits are required shall be inspected by the building official . Upon presentation of proper credentials, the building offical or his duly author- ized representative may enter at reasonable times any building, structure or premises in the city to perform any duty imposed upon him by this title. 16 . 48.030 Violation - Penalty. Upon conviction, any person who violates any of the provisions of this title shall be guilty of a misdemeanor and such person shall be punished by a fine of not more than three hundred dollars . A person violating a provi- sion of this title shall be deemed guilty of a separate offense for each day during which the violation continues . \ ^� [ . / CITY 0E TIOARD SIGN ORDINANCE . �\ JANUARY, 1971 [ � �. . ( . - �� . TABLE OF CONTENTS Page Chapter 1 GENERAL PROVISIONS Seco 1.01: Purpose and Scope 1 Seco 102: Short Title 1 Sec. 103: Definitions Chapter 2 - ADMINISTRATIONS ENFORCEMENT, APPEALS, & REMOVAL OF NON-CONFORMING SIGNS. ,eco 201: Administration and Enforcement 6 Seca 202: Sign Permits 6 e 8 Seco 203: Sign Trade License and Business of Outdoor Advertising License 8 0 9 Sec. 204: Sign Identification 9 Sec, 205: Non-conforming Signs 9 m sv Y` Seco 206.1 Removal of Ncrinconforming Signs 10 Seco 207: Removal of Abandoned Signs 1.0 "1 Seco 208: Appeals 11 0 12 Seco 209: Signs in Setback Areas 12 Chapter ,3 - SPECIFIC SIGN REGULATIONS FOR CERTAIN ZONES Sec. 301: Single Family Res .den tial Zones 13,:- 1.4 _.;'� Seco 302: Multi.-family Residential Zones 14 Seco 303: Commercial. Zones 14 19 Sec. 304: Industrial Zones , 19 0 20 Chapter 4 m REGULATION FOR SPECIFIC TYPES OF SIGNS Seco 401_: Dl spli ay of Flags q Banners and Po'11. .",1,;saw Signs 21. Sec. 402: Public Utility Signs and Signs Required By haw 21 0 22 Sec, 403: Signs Not Designed To Be Viewed From Any Public Street 22 Sec, 404: Certain Signs Prohibited 22 ® �3 Sec. 405: Rotating and Revolving Signs 23 m 24 Seco 406: Flashing Signs and Sign Illuminations 24 Sec, 407: Projecting Signs 24 m 26 Sec, 408: Roof Signs 27 Sec, 409: Construction and Maintenance 27 m 28 Sec, 410: Off-Premise Signs and Outdoor Advertising Signs 28 -30 Chapter 5 m MISCELLANEOUS PROVISIONS Sec. 501: Repealing Ordinance #69-35 31 Sec. 502: Severability 31 See. 503: Penalties 31 See. 504: Emergency Clause and Effective Date C fTY OF '17r YARD OREGON ORD%NANCIE r,0 AN ORDINANCE REIATING TO OUTDOOR SAMNS VISIBLE FROM PUBLIC PROPERTY OR FROM PUBLIC RIGHTS--OFGS'T.Af- 7PRESCRTB:I'NG REGULATIONS AND STANDARDS; PROVIDING FOR ADMINISTRATION AND PROCEDLRESy. REQUIRING LICENSES AND THE PAY14ENT OF FEES; REPEALING ORDINANCE NO. 69-35; PROVIDING FOR PENALT:tES a PRESCRIBING EFFECTIVE DATE AND DECLARING AN EMERGENCY. THE CITY OF TIGARD ORDAINS AS FOLLOWS-. CHAPTER I GENERAL PROVISIONS Section 101- PURPOSE AND SCOPE The City Councilfinds that to protect the health, safety, property a�:d -welfare of the public, to improve the neat, clears, .' orderly and at tractive appearance ref the com!W-M1ty, to- i_mprove the effectiveness of signs in identifying and adver°rising businesses, to provide for safe con5trlactioza, locationn erection and maintenance of signs, to elimi gate signs that demand x°��ther than Invite publ Ic att e ition and to pr°e"rent pr°o1 I fern tion of signs and sign clutter, and tc mjjll-raiminye ad-•e.>e visual safety factors to public highway travelers, it is neuessar - to regulate the .desi.gn, Tial.i.t-y of materials, locations, eleo trifi.cation, Il.luminatItin and main ,enanca of all signs visible from publ.Ic property or from public rights of way. o This ordinance shal'Y. not be 1 to pc T'!; the e5 ecti2�n or ma.:�nte�anv.;e of art, �.'�.�{9 a' �'Fa � v 7 in a*��v ilt t r��a ` �:1..�.��`�ju under any other ordinance or sta-te or federal lawn. Section 102: SHORT TITLE. This ordinance shall be known as the "SIGN ORDINANCE" of the City of Tigard and may be so cited and pleaded and shall be referred to herein as This Ordinance, Section 103.- DEFINITTONS. For the purpose of This On3inazice 9 words used in the present tense include the fu ture v the singular number .includes the plural, Page 1 the word "shall-.11 is mandatjry and , d<<-e:;`:-Dry. ar'--ij the w,-)Z-i "build n-" Incl.,.ides s C> te As -used L'n •T !i hIS Ordinance, ness the :ax t t r,_qi Ires other-w1se, the f,,!!.,,.�wlng words and phrases Shall mea:r., Area or Area of a sig-n. The ent-ire area trit;hIn any type of _perfme Lose e. the outer I-bmits of any wri1.-.j-2ng, representation, emblem, figure or character. The area of a sign having no such per-A'-Meter or border shall be comput-l-ed by enclosing the entire surface area within a parallelagram. -r a triangle, then computi.ng the ax 3a thereof. The area of all signs in existence at the tlt, of the enactment of This Ordinances whether conforming or nonconforming, shall be counted in establishing the permitted sign area of all new signs to be allowed for an individual business 0,U a premias. Where a s r.gn is of a three dimens.k.,-r.a1 or solid shape, the largest cross shaj! be yjsed Irl a flat Projection for the purpose -,,f de1terna.11-1cling sigzj- area. Billboard. (See tau-'-do:"- ady-erjislin Buildin&_gffiolal. The pers-.�Pzi i�-,harzg�,-d e 1-t-b the adM'.-4,.S�:zta nane.�e or hl-1.s deput.ir t1Vi. eFifi3r--Se of Th�_o 0-,-d-' Business. A'JILl of the -t:arried -:n by 1--*h,5- same T_egaT79Firt.,:-;1,y on the sameP r�6.Lqiioean-d -eleemasynarys, fraterna'l, relig-3Dus, edue.at_4-_q,� .1 _a. 3r organizations. Such "lega'41. enti-ty" shall ln.c1ad-e find i-vidual proper ietorsh_qps, partnersh-2--ps, ri corporationss: associa-tl.c.-ras, «T'' jo _LJ. of outdo,-r Dce OT Cor, ng, .peva`trig, US-LV4,g, mal-ntat-ning, or leasing outdoor advertising signs. Construct. To build, erects attach,, hang, place, suspend M or af 11_x. Cutou.j. Every type of display in the form of letters, figures, characters, reprezentatilons or others ln cu:tout or irregular form attached to or superimposed upan a sign or advertising sign. P19pl i7face The area made available by the s1gn structure for the purpose of displaying the advertising or identification message. 103 GENEFUM PROVISIONS Page 2 A- E'Le-- A F. Fre-e t a -:S. A ort a f tac; d ny mast wr at-,d a . cw�- b-ailding y de,:E,.1 gne d to be read cqgn L Freew,avm-��)X'J.;S'-nted Z, A prim-arl Y on a higtvway designated by the t7l Oregon Stat-e Highywray; Depar=-nt a= a freeway or e . resway; a specifically, these shali I be lr,.-k -a erstat-e 5, "I'd Oregon St te `jam#211�7, and shal'3- 14. cftylexy i"jj i- -*j:c,�a.ted by ani -:Iq ter- Flashing sign. Any .31gn wla�— other n ar..y RIT;Eent Off' iYashing mr.eMer0- wlthout- way animated .5�� as "J,f -,f flas�-Ling -ATI-4 miovement r 1-.1e V inter ilii tI,-ant -11ght Fronta.Fe. 'UMe- n e ro-adway. A U Tnpidental SIZnO A slgtlk 33L on t1he Stamps caveal's Va-' mma� �J7 nu t W -1 duz,--5t-TIg ark of f timie to bux-n or glow at t-halt ess wed accordance with standards -Idin 11r, tj.-,e Unifam Dui g Code. Int ernaply 111"In-Irlat-ed A -Uhi-R-t, has ZM heUs n Isil I., --t v Ue S Ou� C.e -the f -th h f r o thereof Mairl-tai-n. Tt-. permit -a s-lgr cs- A part v MR a ezign, 3I'-9f7 or part ft Kr NamepIate. A E, gn ident.' fI 3me ac.m. pa L. i . n =vfb.,c ,ih t-he f3t, the sign Is located. _ k 103 m GENERAL PROVISION'S Pag-a 3 ILK N P 9 a R. 1?- S r A ed 01 C--r-r"e _e� a 1:a g n c?.!f I-;Ft S_,.g,z 1,Ci 1 n F,:-. 73 a d v e a ve r VAL e_- sea rih�fY; are-- Id mat 1'af; a 0 di S or f zt z.m I to prea, �ses <,,z7 a. s n as-,z e t z-e s a b s s 5, or' ac S I!C-X: 11'i-j c.a t-.i-d ti-,e ,=L which the sig-mL Outdoor a-tIvertisina s1g.n. A z C011�;ST'r"Ur-114ed, ere�-.ted and oy a person licens�d tc engage Iza the bu-siness of '9n advertislrig 8:+! sign Is a sl ou I supported -by a subs tant±al pez-Tri-arnenit sigin structure wit-`I-I a surface or djEp-iav design.i�-I display _ n mst;--�F the p-,_2L�p-o-se of o-r zm!,I.,,-F at, nr - -a 1-1 Ufi thereon, at art-d whev-e not the is I.--ased ot-her -er_v:a&ns. Pers,:;n and par tn go v_-r-ri m;?,n,t a I a g t�-n c *S -ter �r -aia part, aii' P'31.a s+ ir.a ri:Z;E"74-7 th4- Uifonm I. appnmved hy the Cmd,� f(OV 'U'l-'e C.0y"- structi��-Ank :_�.f ericn lec-4alf z :.x,9---1 -r Pr e q 7-� A are. eLi�,�-,-��,-i-i-,..�,-.-.-:t!--L L t bu i IUJI s d d aa a A sigvk (�--tber tthan. a wall S i gn _1••_.H p ro- !a_SUI I d 1 Wig= jects froym. Projection. The dj.s-;"_ar,.:Le -6y a ezi:t-e-,nds 11 L d z j Roof :sian. A sign erected up-k2--i 6 r abs --e -a roof -,)r a 'w-,111ding ar parap---: A<-,y sig.r_; or A,,f a slgn., which moves in a' "i 103 GENEFLAA1, YROVTS_`iDNS Pa 771 ................ at F -d 7 ge. jj--.r a r p liar. P -T a z:� , tad a -LOS ir ,-;a -t 11 19 p :'s--a p� t-er th 2-�-g z�' .---..:�I-'--d v a d v-5�r -v -ff a P and includez., 'z.t' disv';' ay ; u%rf ac,--- a- -:. D`:'-her t,]Pa ig; 0f -he S iffn s-r-ctUres. Any tl�uvr: wh-1-ch ��uppo- r-4 .a AZZ capable ' -';3 Or -3 a of SuPP-':'-rtd7'-g ar�Y S-.g-� JI-Aform, Building ay -'rt -�- hF! I A. Code. A g n s x c r e n 2 a y b�E! a s n g 1 P c,1.e and m.P--y o r m. a. MR ly not be an integral part -T a bavilding. Teaporax-v- sign. Any sl&-rig bander, pennant, valanc- or of tlo-lht. cwiss,o fabri , cardb. a -,� rla,' pla -,e t-al or othce- slwi-lar' vrith or Sri Is not permanently -ov p-�::Y;:YL--a-ne7n'.:�--,,, a-.Efkx---dZ ny v-��d wh-�'h s no f-.- aii Sign strocture, Sign or :71 e 1 e c r i al s1-gri o r a i i e r,:,a 1 -a t d S E.a Code a-.:t wl-7, t- z! Coftf-: v Th:ri T- Cf-zy of ard,, Ore gor-, a c!,.17 f5 which i`.,s the of-IL"ine +<�f C-Pt- Retorder and by this reference, !a h "t-,y 1.-.--zorp.-Inated in TI)i---, to the 0 in -ance. Wall si� Sig-,--. al.r-a-chad o pa.'.'Y',-ke�d on, or er,e, agall-FL.V't she wall 01er ti-t'-U--t;'rx-�!, W--9�1;-h --�he exposed fa�ce o--r' ths-- nl&n A---n a par-a-11-.1 -tcj of said tt 103 GENERAL F,1ROVISTONS' Page DCHA PIER A " 11's & 1*2 OF 1'4 S Ct i 20' - AE;I IN 3 R A A I D 1 F IR t-h-! pr (2) E, e,-p-i�:n Th-e _T:, d'L rl, a- a-n,l dl to tir.!- :rce a!-- -if the tt Ordinance. Al-- z-.-igns for, -w'flic�h pzonm'.Its are requ.Ir-�!d shas-31 be insp�-:!_ he 0 Upor. prt�,senta- ted ty t. E�T.1,1,J.L. --',al. tion of vrPer & ild-l'i rit,' bfficial or- I i,-'a duly au-L-h,:-jv_Iz.ed enlar at c'..r lr'� e;3�' of TI o,. to perf37-T. az'_iy b-v ILhis Orth nano., Section 202z7Gfq PE RJ4 T 0 A 1, Except arwz pxovided Int I any p e r s o x i p o c-,cc,i is tL.-_ k a t.Q E tl.'-nz) a r- 0 X2 a %L- €!"- L -y --a-j.t the City of Tiga----:' an s ,g-rj from the CIJ-4.'iclal andw-IlkIng *Y the fei'�' r:ei�ilre4 'T'n addltio:vt, -a-1.1 of the S-4--ate a d ";A7, :thereur.der. (I) i, t 2. amd shall. the follo-wing Ixif orma-uion,. gg Name, address and tel-r,Intirle n-ut—r �f the appI r let, to whi'Ch b locatlon of the b,, I I d I-_n g u a or, up:-,n which the sig-Ti Is -to be cattl;ached orE-rec-".-ed. (c) A scale draiving s h,.,-.w i rig�z dos 1.gru of' the sign _�nwz:L.'_Zding colors, dimen.±'= s, sIgn size, height above grO,_-.r'--d, me'thod of atlja��hmen-'S-?, constructiLon and materials,, I;ype, souvce anal of 111,amination and �1110,ging k no the re a;--!,�-o Wip t!o ay.- 'u-k-LIding to which + s :z-.r is Droposed 41;-o be plan &-a'Ie Indieca"ng tl '5 (d) A plo 1; A I.; A A. e. location of all ','-;wILId;!nE,,.-,, pxnq-rlfly lin-es, exis 4 i2r�., signs, S4*rC_jets and verhg;'�U--I O-'j tn- E! SSIMa p r e m 1..5 e-3 0 201 ADYTINISTRAT-11'ON Page 71 t e.. Al -0 1 e.c, r 4:,a, i. rh a 1 t,,- INaE-i,. P.i d t e. �f the v&a* n V7' I I d. t i nn t-7 f% Perq_Lt fees-, F.a c h p p a 51g--n p e-Ut v.,`ta1 apay Ine- C I t-v c f TJ, a T JD -I f e!E- jL; sign eonstx-aste-d, t- "*.r�,uo�-ural . A r r e I, c as f 01.1 o Area of Sl,gn permit Fee 0-25 square feet 5.00 More than 25 UP to 100 f-eet 40 0,0. 0.00 1.1 or More 100 Squ, n�; fee ,, for :each added 100 scj'uare Zttet- ',-)Y- `r T a-nd -p-,a�rplt uT'Wh��rz� a-n,,)r L.era;Ci-- (a) Repa- reu:-Dve a -nurpo.-z�e cif ri�paZz, ai�d ntj i wt X Build, ng Offl.ir;ial Yu.ay � 3,.2e a rep ai r Cia fe)-rn -t_-Y IL-na ivaid a fee of -,t32.(---) C 1.it,4 i: T-Ioav-d. Official May it f h if ? or re- t-,catl L azn gn.. J ) has rtot JLwo &AE6rl'�zed u-na,_-,_r a completed within 0.0 days aft.av t1he .11-S-suance of the pe3:mI-;.I- the said peTmIt shall become null. and vold. Six-ch a permil t may be renewed for up -to an, additional 9C, d,-_-ly s a ri w h;--;,-- charge upon appll.cat-ion tc: the Buildlrng Official and a finding by b1m that the s_-Ilgn comp!. -es with all rept-OLa".-JEC'ns in existence on the .`'..ate of �renewaai and vihich way ba_-30me effect-L-ve dtiring -the renewal perll KA. (4) E-�r-emptlonrs. The fo3Ij.,rIIwIng signs, ax operati-ors shall rAO re ig erzn- t z-hall c.—tal - m t 0-, a IFi_ a s.1 n p C r appli.,_ cable provislovis of ThJI.s C-t-d-JL-nae. '7 VC-M W Re-1 es :ate sig-as not exoeed' sig twelvve square fe-t ln area ad;u,er'I-_ za t T 10 N Page 77 202 ADMIN IS<L Z,r -w s id -ale (b j Vamc. p'lates x -;,L-ed i E. E- q:, a a r e*E :..f h=' a d v e-r a p a 1.n 1; al or i rL t e d s a tng :)r uP,)-:,-. a `h�a-er rnoarqutee LITD, La S Spe.-- Z%: cies true:? -fol' th�� 1-13e cor d'; 1,_,'n-,s Ii t E-, pa-11 i ti.-_:.;, r e,p ai kie- _i i n g a a d r i c.rm a 1. ma .:x tenarvce and repa-_I� v of a s.i-n-1- e Mer'ujrial sllgn_� or talea.,�! 1_ia-me;zz of bzAlda4ngs acid date of erection .%r1ften. cut kratc; aY..,v mase-miry sulface 0a1 wheri cons truccted of tjr,,:nz or -a ri a I s (f) A slign den*b`?Lng ng-2.n erg sub-,ftivlsion or viben pla-c�,sd 'uP.7n -;, c and und �_qu.ara feet in ar..;,�a pro*vld- dl i�u,��h sign _�.s -Ze=,ved w.1th i i-j. --r-ty dame o f 1.�- y is less. (g) S'Lgms: O-L `o02 and 4.0J. 4.0 3 f T h Or-d I n a.!,.,. Section TRAME TJCENL'Sr' ANT) FIIS';N, RS33 O"TC)COR ;Yf ADV 'RTIS'i 111C, �F, (1) Except as _1n 2 f nr-j T) V.=1"i, shall in ;he bUS_1--e;3S Ff a 71_;L sign, undp, ;-:�Tltz-; _202 -:3:f Th45!.as 0 r,:,, a a S wlthi:)ut first having cbta-.kz��ed a Sign Tradtz: License the Building Offic_:La-1, rC (2) No person shall engage I Y, t b-_ business crf em-Woor T - I btained_ a bus.Jit.rneez licanse advertising withou�_ hi�a.7;.ng (Ord4w�e N%, 7 na ,-. 0-48 wE; amezided lo.,y as required b-y - .1 Jr - No. 65-11 ") re" ating the 1-; sing olf' trades, Oz d shops, occupations, prafe.3sl-ns, bu5lnesse3 and call_ngSy 0 P -fee herelt..-.y x-r-_qWrea and and shall - ay a 1jus S i C v f lular prese_,.�ibed in 4-he sun .-y—flive. doll s (, $25XOO. (3) If the Ru*llding Off-j --.1-al f'J'fziz •that any, hold��r *jf, a s.ig.v( ense or an a�dv,-a iozling, ;a- 3 trade 11-C , -1& _ '_ - 1 1 falled -to comply will.,-h 'Elie of: 0:,d-Z.na�i-_e,, T he shall notify the .he 202 ADMINISTRATION Page 8 yJ of o-,-ich pe-, .5-on-< a pubAic hear �,irjg a,. i.;h '�--h a1l - I have the to heard a-rvi .,,ffer -g.ral z�,r vjrritte-n. x,en.-t-i - h, person I t -a 'led 1 -D fi:ads that. 1h.e 1-1, .-- e 3 e k' a :-', .1y wi -h 73 the �,nb;r aj;p.111.cat-le ordlnances ,)f the ci. U1- Section 204.- S:rGN -DBNTU*-TCATr0N. (1) Each sign for whi=ch a sia.-ri p sm Is reqiuired shall have affIxed to the sign the name of the sign erec -r, -the date of erection, eler--tr.Lcal power --ons-tAmption in amperes and an Underwriters Laborat-ory 'kabel, if 'applicable. Such information shall be In stiff; lent axr:3 to be readable upon irtspect-i-on. (2) The Building Offi4f--;-al may order the rem--sval of a-.n� zik.9.1-1 which does no-14-1 e.onf�rm th.1-s sect-ic-n 1n the -Tv..a-aner IJ prescribed by 206 of Th,-'.s Ord.inant:-e. Section 205g NONCONFORMING SA-GF- (1) Except as p-rcv7IJed -"n ih-rw,;.gh this- Section, s:�-gns 11-z-i ex.1-stence .j-n -the- date '�f erla--t- ttr ment of This Ordinanse which do xi--t to tllhe pt-o-Isions of This Ordina.u.-ce, Uat -,,;h-1+c:'-h v;,rere erected or mairvtv- ne.d in ccMpli-wnce with all regulations. b-e relgarded as s-,':gns which may bt'-� cont-:'Lr:u��d z, a A ro-rm he r (2) Signs located on prem-'s-e-' s annexed JI-Y-1to 'the City af t.&Y- the effect;kve date of This Ordinance a:rjd which signs C) do not comply urith. the pro-visions of This Ordinance, shall be brv.-igh- 1 into compliant -,-e wi-th This Ora inane,-e within a period of ter. (10) years of er the effec-It date of the arinexa-tiolno (3) Any sign i4-hich Is str,.,cturkall v alteredg relocated or replaced shall -'-M-Madiately be broucght- -0-1to Compliance xv:Lth a.11 Of the pro!vis"oris of This OrdinarL.-e. r l_ (4) Signs 4n exstence orn she' eff-e-cl(live da�-t:- of This Ordinance whic;h do not comply with regL.11ati-ng - signs; use of par, s-.z.,t lights ��r rotating beacons; flashing Z, 203 ADMINISTRATION Page 9 rotating and re vrolving signs; or flags, banners or ( streamers or strings of "lights, shall be made to conform trithin ninety (90) days from the effective date of as This Ordinance. T Section 206: REMOVAL OF NONCONFOPIrTING SIGNS, Y (1) The Building Official shall order the removal of any - sign erected or maintained in violation of the pro- visions of This Ordinance. The Building Official shall give sixty (60) days written notice by registered mail to the owner of the sign or, if the owner of the sign cannot be notified, to the owner of the building, structure or premises on-which such sign is located to remove the sign or to bring it into compliance with This Ordinances If the owner of the building, strvicture or premises upon which such si i is located fails to remove the sign within thirty (0) days after receipt of written notice from the Building Official, the Building Official or his du-LY authorized representagive9, t may remove such sign at cost to the owner of the building, structure or premises and such costs may be a lien against the land or premises on which the sign is located and may be collected or foreclosed in the same' matter as liens otherwise entered in the liens docket of �.T the City of Tigard, Oregon. (2) If the Building Offic4al finds that any sign or sign structure is in violation of (1) of Section 404 or Section 409 of This Ordnance, or that any sign by reason of its condition presents an immediate and serious danger to the public, the Building Official shall order its immediate removal or repa.�_r %•r:i i,hin a perio:L of t:i m�� he _„ may specify. (3) The Building Official, or his duly authorized representa- tive, may remove such sign in the event that the person responsible for such sign cannot be found or if said person, after required notification, refuses to repair or remove the sign. ` Section 207: REMOVAL, OF ABANDONED SIGNS. } Any person who ovens or leases a sign shall remove such sign and sign structure when either the business that it advertises has J discontinued business in the City of Tigard or the business that It advertises is no longer conducted in or upon the premises upon which such sign is located. If the person who owns or leases such sign fails to remove it as provided in this section, the Building 205 -- ADMINISTRATION Page 10 Official shall? give the owner of' 't:ui �d'�Y�g� s•;:.r-uct;.-t e or premises upo.l wh.".ch sz.ch i qys n is _.. •cage<i ...x°:y Lh0) da -written Fes' notice to removethe its if he sign =has not~b !en remc•ved at the L expiration of said six',-.Y (6;_:j days notice; -lse Fi.9ilding Off�cialy or his duly authorized rep:—resents z fire y may trem:rve-, such Sigrj. at cost to the o.Tner of said building, ; tractur'e or premises.' Signs which the successor to a person's business or business location - agrees to maintain as provided in This Or°d1nance meed not be removed in accordance with tham:s Cost incurred by the Building Official, or his duly authorized representative, may be a lien against the land or premises on. which such sign is located and may be collected or foreclosed in the same manner as liens ` otherwise entered in the Liens Docket of the City of. Tigard, Oregon. LJr Section 208: APPEALS. I (1) There Is hereby created a Sign. Board of Appeals the members of which shall be app-oi.nzed by the Mayor wi th J the consent of the City Coi.%rLc_-'T_jo The Board shall consist of five v otIng members including Orle member of the Planning Commission and f:ur of the C$t;j of Tigard. The City Administrator, the B ild:�ng Official and the Plaruning Di.r'ec for of the C:�t-y of T.a.ga:d may serve as ex off:ici o members. The Rui.lding Offic.i.al _ shall act as secretary -to the board. Members shall be. Iappolnted for staggered terms which terms shall not be less than one year nor mare ithaei four years. (2) Any per-3on w1ho has bee`••: o r"dered b;P the Buldl- Off-' l i to renin'-e a sign, i,-h-oz;ea%--p 4..i.::a i�-in i'vi° aper, J. fi.ti' license 1rursuant to This Ordinance has been refused,, or whose permit has been revoked, ,Y may appeal to the Sign I Board of Appeals. No stay of action of the Building Official shall be provided where the Djilding Official determines that an unsafe sign is involved and there is I a serious and immediate danger to the public, k� (3) The Board may grant a variance from the provision of This Ordinance where it finds thatractical daffi u undue hardships or --Inconsistencies with .. vP the objectives c lues of This Ordinance would result from a strict or literal LJ; interpretation and enforcement of a specified regulation. i (4) Any appeal to -the Sign Board of Appeals shall be made ; ; within 30 days of a final determination of the Building I Official. The Board shall have 30 days within which to hear -the appeal and make its determination. All 207 ADMINISTRATIWTV a— •Page..-��_ dECl i. _:t5 jf ail S.ig oa,r if APP-- els :;.:3 :..• hv' Y'r :r'i' "ad [ l C_l•.. 5 .1.3 i^::'..�:.•1.:.a: J_�J day r1 tilt'? 4 to �:ilr C Y )7 Appeal.-;,, vv Y- r'1'' r, J 1` �'- de t. i-xx .I ' se Uig;. f . ails see JIi i� by f-ixial c '':'�°iLl', ciMi.i t 7f h b'.)ar•`_! sha- " have t. f;�"':�":r 7' �ppe i 1. ^`tiz �.f. . { C�+tet__ viii <3h shall. be Lim t.�.i l•'u�E?d l'y �It''.r_< ..:...rt,:',1:,ac•:: of app a. I to the C1ty � Adm.x�l.z s t rat-,,r. The C .�— may ac=:;epi:,. x•e�e:,t or m�.l:zfy a�: oxjs taken by thr> B�)a r d Section 20S�_.S:CGTdS s.N_ SETBACK�ATRCAS (1) Vrnere the supporting member of any slgn (optional-floodm ligh•i, standard) is to be permanently erected or is affixed to 'the ground d within a special setback area established p_Lr s la: i-t: O dirian_e (70-32) of the Ci.ty of Tigard9 the ZoT•ing Or31.na: CHAPTER 3 SPECIFIC SIGN REGUL��TIONS FOR CER'_LAii�I ZOi-ES Except as provided in this chap! e'r, rLo person shall install or maintain any sign in the City of Tigard in ' he zones li_ted in the following sections, Reference to zoxies are those .estab- lished by or pursuant to the Zoning Ordinance of the City of Tigard. - Section 3010 SINGLE FP14ILY OR RESIDENTIAL ZONES, No sign of any character shall be or R-30 zone except the following, perm tted in an R�� 9 Ro15 r (1) Nam-Rlateso Sign bearing only property rumbers mamas of occupants of the premises or other° Iden -1f¢,--all ori of the premises not having a commercial cor,:notat"*_In ` not exceeding a combined area of fol,;r (4) square fleet, E (2) Real Estate Si ns� One on-sate sign for each street frontage offering the premises for sale, lease or inspection by the public provided that the total area of such sign does not exceed six (6) square feet in area, Such signs may also be modif ,ed to Indicate that the property has been sold, (3) Permanent Subdivision Ider'�aficatlor, SS�.g;�soy Q,�e ground si xi - -_-__ - Y g , with h�s z pr.:perly -tx-gdsOQpedfl cder,.otl ng a subdivision development:, 3 o ,4 e J r.; (32) square fee are an n7 s cxce ding �:h,_ .sy�tro by r;` J.�l:i <<;s. a ._:�Ag a7 dies �a;�-c create a public or pr nate nuisance, (4) Directional-91 ns, Directional signs may be located at F street intersections within all zones, after approval by' � the City of Tigard Planning Commission, Such signs shall b-e 1211 x 4211, pointed at one end, any painted colors, lettering or design symbols. Not more than 8 such signs shall be permitted at any one street intersection. Not more than 6 such signs shall be permitted per sub- division, The sign shall be pro Tided by the developer and turned over to the City Public Works Department with. a fee of $10,00 per sign, The City will erect the sign at heights and locations approved by the Planning Com- mission, (5) Real Estate Directional Sj.� Real estate signs y adverxs;.ng an open Y1Ose arm located c,f f the premises, I f 301 -- ZONE REGULATIONS Page 13 1 ilIIled s.✓ a s.l�,rt a.`ea o f an.-I _?. IP.dY1LYl.:I:i d::.r,i_ �_+zl 0-f t:i -1 feet- i,,aay t;racyed grid main-ta'.ned; pr o-,r ded t.Y:_' d;i splay of a Iga shall be only ho,.:<.-, '}he ,yy:t-s available for inspe3 �S. no No perry,'^ts are sA: :h sl.gns, e buf� •he B+w ldi'rig Off"�ci.a1 may evab' .ir, reaL,onab .e x�;:les and °etc la iozzs to prohibit s�.g:� `?� cx:ter, erection of unsafe signs or other problems in c_�nee f;:Lon with the erection of read_ estate direvtional. signs. (6) Political Signs. See Section 401 o Section 3020PRYliTT -FAMILY_ RESIDENTIAL ZONES. No sign shall be permitted in an A-=-2 zona except the followings (1) Permanent Residential. Nameplates Idertt_ i.f_ -��',, the Pr=emises. Tota:L s gn xig_��ri a pre i%ses sha4j 1 nom exceed a6�e sc:aar e foot of area per dwelling unit. (2) Tnc4fdental si��ns shall! only be permit:-=.d when at Cached to a. permanzebitly affixed sign s trac-1 re or to the wall of the building. _ (3) Real Estate Sign. Oae vn-�sLye offer7-ng the prs-zal es or sale p:a3 g -that the total area of sun s`9-- dues not exceed twe`-I e (12) square feet-'. Such sign.:s may be modified -to indicate that -the pi ope'-z,riy has been E;-ld. (4) I�Ton�re��k dexitial Se.� ras o Or.e .:�;nm1 rte '_- d or �,- �.'. h , .j S .. �,.'- -�� a '.C_'�f '.: •J.��'.+a i Iden-;'if S-iCag anyii J w '_re .i.�.``--n iia- 'tf.se parml';+ed In a multiple—family residential zone. (5) Directional Sintso As permitted in Seg_--on 3.01 of This O _rdynanc.__ea (6) Real Estate Directional SignAs permit ted in Section 3,OL of This OrdinaYi:e o (7) Politica7��Stens o (See Section 401 (2) ) Section 303: COMIERCIAL ZONES. Except as otherwise provided In this- se;. ? if3zx with respac u to the C-5 and C—P commercial zones, no sign for which a sign 301 v ZONE REGULATIONS Page 14 !71 is requ.'red z-A-l-,all. t- perm"e- permit laa 7, X C! except the (1) No sign shal'.1 be penza.-- tted -�-C, a G- 5 -z�,L,mmerc%ial z o-rL except- th:)E3e spec'J f I.ed in the City of Tigard ZonLy1g, Ordinance fo- such zt)ne. (2) No sign shall be permitted in a C-P commeMial zone except thclse specified in `I-he City of Tigard Zoning Ordinance. (3) Free-st2,nd jag S,,ij- m (a) NumbeE�ermitted,. One multi- t- faced free-sanding =9H des—ign-At-imf-n-g- the principal goods, products, facilities or servi-es ava=ilable on, the prem-Ises shall be permitted on a streetu Or hig ,hway f.r;.)zi-t-age VThere a frontage exceeds 300 feet- In length, one additional free--standj..-,;' sign is permitted Cor su-h frontage. (b) HeiFht limit. No free-st-anding si--ri shall. em-eed s. lfi7rexFli�r-T.He distance of any porl-cli'o-I of the sIgn to the center of the ad4acent public right cf-,eay. (See Figure 1) The max.,mum height of any por-+-Ir_,jj of a sign or sign strrx " ' i�- ure shall- be fox-ty-five (45) fee;; from gVo-ca-,d 1evel at Its base rega-.;:-dI--ss Cif location. The min-imum cIea-ra'--.c;& bel,:.rf t-he 11!---west partion of a free,-st and---ng s,,.gn anc-1 the gro.-;tnd. below shall be fourteen 4.) feet in any drktxeway -.r park rig area (c) Area. The maxim,--Im paTM'-1-ted aresof a free-�-.Iau.d-'-ng sign shall be computed *I-I I-i square -`!'e9t of area per lineal foot of street or blighway frontage for the first 100 feet of such frontage,, plus I square foot of area for each foot of frontage ot.rer 100 feet, but not exceed-"-ng 750 Foluare of sigg-n area per sign, 'are feet. for all signfaces. (SeeC-'/'% face. ora tc-ta-' (4) When a premises fronts or, m.:: than one sI-;reets, the property may b� permit--t,:!d to ha,,:,-e one Multi-faced, free-standing Sign., for each s-,;---h street p frontage rovILded, however,, that only the linea". -frontage 3-f that stree-IL-, toward which the sign faces may be -considelned in establishing* the maximum permitted size of.. such sign. 303 s ZONE REGULAT-IONS Page -.15 s • F S i J f i 1 �� • u r e f .. i9 GHT OF FREE - STANO/NG -• S/GN will 25 qtr I i ' Aa `d opo c o4 ,i i i i � 303 ZONE RECULATIONU Iyi r_ 1 t 7 r� figure 2 AREA Cif FRS a -i A Nf)1"G 100X 1,5 15th ' total sign area 170 sq . f-1-. 85 -ft. f c. 5 4a f 4 i - 120 proper`t`,r --- -- f i n e 303 ZONE REGULAT%O�NS Page 17 I !irbere a prem i. es Bron f.s o1ri two or m;:) 'e. S treets, the i owner may elel- t to com—ine f i-ie W}=a"l :3 tcree t f..rors-tage and er�•ct only one i'ree:--s t ar}dln g s::gr: .-I t-h the area to be detel`_'Tjni Ed 1-bythe t:)ta:l :eng!-h of th%-: G`.•ombz :•a- t:i on of ouch f1:'r;Sri tuner's prJtr i dd-d hat- "bi ? .^?3 '3,L1..T0 a'''-a shall rod- exceed the spe �ifle3 n (1) of this paragraph. (6) Two or more owners of adjace-at separa;-e premises zoned for commercial use may combine their street or hIgti-way frontages and erect one :frees ta7iding sign whose size shall be determined by the combination of those frontages _ but shall not exceed the sign area permitted by (1) of this paragraph. No other free=-standing signs:-shall be permitted on either of the adjacent premises if the owners make such an election. (7) where two free= standing signs are perml -,ted on the same frontage for the same premises., the combined total of sign area for all Sign faces shad not exceed that specified by (1) of this paragraph. (8) No free=standing sign, or ary p_,rtiori of any free= standing signs shall be located on o�• to p2'c�e_°yacz o'�e r= any por�}�Y.on of a streets s3dewal"t> or o .her puh7] _c right-of-way or property. S---'g,-%.s may be �o-a ted wi't au setback areas only as provided 1_n Secldl or 2.01). of T l's Ordinance. (9) Wall SWns. In ads.t.-t ..cyn to sigins permitted br (2) a signs may be erected or iia .r"a%.�e3 bat �haal a.. S1o�: @?V.::'F��. .1•i� �?;i_�)rs ?:ea face _;1 she :o vrlL:--iLhIEE: :_s a-0.*a h:gid t-r on which -the sion is mainta'' ed. Signs y:-;i aced ua or wi thin one foot of the display wx.:ado��s and desigraed to be viewed from the exterior of the b-ilding shall be included in determining the amoun i, of signing an such building face. Wall signs may not pro jevt more than eighteen (18) inches from the wall to ,Which they are attached, = (10) Incidental Sips o ?zac i derr.- L signs shall be limited to `} the=ol�.ov,r�rigo (a) Up to four Incidental signs may be a t trached to a free-standing sign. Such signs may advertise or I identify goods, products, services or facilities �1 available oa 'the premises, includ.ingu but not !i limited to, trading stamps, creQlit cards accepted l 303 -- ZONE IEGULATIOivS Page 18 f e } Th cunft--; -,ed areaar brax-td tiaras f S -e feet. and o -t -zch shail n-Lo ;-b a, -ar e de�d,-,�; 'C- the to-al tiq-,�a - 1: 1 --) I U -he fron.+.age ar V for free-s-�and:,,'_,ng sigris -�:Irl 1`111:- same r Ban ses. . e prem�L (b) Incidenta'- Signs such as those- in 'aub- section f.a) may be permi-tted as wall S`grls --;r may be attached t--o colurrtIs OrVUPP�:;rT,3 for a rot;-f• overhang if erected a I.-IJI-e para-Llel to the nearest adja •ent wall. The .to-tal combi-ried area of such signs sba"Ll T*--C)-,V- exceed 116 5-qU-,are feet- No mo---e thart tbree (3) sign-= L (11) Real- Estate Signs. ale, lease or -inspecti0y.' by 6TZ&j�jTng tWhe premises fol' s the public sha.11 be permitt-,,_ld-. Thp- area -,f each et �Icpt exceed th-rt-,Y-11,w _2 --.roare sign shall o (31 p Such signs may be modified to Indicals- 'hat the rop�rty has been sold -pe8 Of S' L. (.12) .. Changeable cc,,p.L.Signs ka-)- c.-f the ty Term.?— T,-Ce-;,T— a--- !:j—IM -Z—e6TI-- ma-,7 be pe, chai)geable copy sign;s. (13) Datdoor ver--r---Usin& Si --r t I tl-d t;y Se-� pa..ml- -d the. C--3 410 of T114�s grdinan,-�e 4 0 1 2* A (14) -�LS �,:DLs- S Sco-t-1- 407) (1-5) S z. 3 As permitted in Section .01 of This1-7) Directional S!, dFdiriaiice. Section 304-. -JNDILSTRI, L ZONES. All types of signs pq.-q.m4tted commerz,.tla' zones by sectio-It 303 of This Ordinance shall be permit-ted in all -7-'.m0dustr-lal zones. subject to the foj_Jo-,tj.Jng limitations'. .J Setback Area. No sign a-ut-horized in an industrial zone sha required in any requed setbhaz:-k area except., (a) one multi faced free-standing SI.911 des.l,gnatinlg t he principal uses of the premises pr,>vid. ed that the 303 e Z0ITB BLEGUVIMLONS:-1) Page 19 H area of any o _,e face y= su---h sha"S.1 -n-:Dt exc?ed one a-Zid the to at area of all the :fa- of isuf_h ftee standing sign shal.,. -n_-i: exceed two (200" square feet. iE ii i. ih 304 ZONE REGULATIONS Page 20 i Mill poR SrJ�i� < i� .a i Sectiozl 401, D SPT NPY� t7r' "rn T TER ' ) r L�G�, ,� )LT -Tc l� S G-?VS ' { (1) P!�hibied d:sX:1f � . �.� _ T S ! to erect or mairi'Ca rS str'itlgs Gt pennan--s i t.•..+. ; festoons of lights 9 clusters of flag= + ijigs o f or ;reazrze�s s i a'v S v2 I'Z1gS C7_ 'tv71.rl ers o propellers, flashin. or blinking `lights=, flares, ba�l.00ns, and similar devices of carnival. character. Not prohybited are (1) national, state, and. institutional flags Properly d.ispl.ayed- (2 Christmas decorations in season; and (3) st-reamers s ba a-xer:s etc. , used for one ;veelr only i�.0 cali , ayte.:�t on ':v g�a;Ed �z�� g of a comple tell new bus�'-nes�,, ` p . (2) Political ejag7 -,, Signs .relating tc th.e �r:� :�i' o election I for a polx.•`L"£E Ga.� �'fS`3.' � c.:� �'.by J%L r of any measure to be vo te-d Upon � � � - `�'d�' a t ar=" .��,._.�;:i a`y �r shall be al.l.ovved under -%-, _ laf2..._I :+rA� fV,�i. l i- (a) Such signs shall be tem�=jrar�y~ 1 z; �a tore ari=a sjja�l be removAd within ter2 (10)" days a1", er• ti:e e 4e'ction. (b) Any suclq sig: to be placed ed ;.in"i ,a.t.y r46. ngeYe.sC..i=i_[d".i3en't'tt''.`'ic� il �1Doi n4enot exceed an area C } gTey?T(c) Except for outdoca a,) E 5" � tci be placed In. a non-res`.derb an area Cith1r 6rtshall •� Gx1:c-,:•w' - (d) Any persosiilc � scsons shallf'g1 ssqua-re feet A-a a .ape rirs-z 's s?s=1•°T=7�'�, % e.V-e i;v.Lo 1 'Ji` tL..[i a i �� e 6 f J�Z V '7r •. - - I I a removal a reemen c _e� �..c __ ��, �s b' o Ing '�riesr> pro;:.�s•g•`:' 'zS ali shat:.,': file a one hu-ndr ed dollar- ($100\ bond or one hundred dollars (41.00) in cash wrath an agreement acceptable .to the City Attorney, reE'unid conditioned Upon gp-xar•a3rz';ee-1n7 !' removal of the signs within the time Specified, S40ach � agreement and bond shall further Provide that all such signs shall be properly maintained as req ,s.r-ed by � Section 409 of This Ordinance. i I Section 402 PUBLIC LIT.aLITSIGPdS AND�SI;NS IQT� i0�D By i Nothing in This Ordinance shall prevent the erecd.._on, location or cons-truc-lon of s j gns on r erection, cons frz_c ti on o_ location is r .�1ate Pr,::'Per fly- Where such j re' sired t. S ,r law or i 401 TYPE REGULATIONS Page 21. i ord-nance r_J�x• :,hal'_ arty pt;1., ; _ ^ -I- td a , f_ ar. u .,.•:d•. U:Y?r.JJ. :.3i:�:.i'1•i.. �:= ' t--ed, i from erectixi" :- ign.:> on pr . " r:- F?:,':pE . I �r^tv '• i c'Y7T i)_F_'ti':i_�'i1'sY Al 'I O t_; 403 i „t _ 3 - fir? x'�!r.{ �_ .. .�y ' �fj �_,'AY }'Ci-iiia g�'1��_i. J.C•��'?r`� :•Yi�� ''BctY.�'�; ..�_+.,.:-a::, - f Noth�.nQ -Lri Thi.,-, Ord l i_i a rr" `ai: t:L%7ix t'U2 i is>'r = y.:.�� n � t1 on or co. U 3 Y'.. :.A'::i?!• Cr_ a :r 7 i.V?la1Ci s----, h gh7 ar r =A-e;.y pie ..ig:la3 i:17 d .rr}i:v I private property n a -� c r: y hl,:''a.r- tl'a-�flc 1ri'C1-i.-e I or to gu-j de or ,Jo ;�.� ,2 .ac p��.._�, .,r�an��, r s _ ans are bocate3o on the parcel of real propel �:r on '-� No sign permit orfee shall be, required .f:nr s��ch signs- I . I . Section 40_4ER19. ?1%51GivS (1) Unsafe e.1��iS __`lo i'�L;i�:i�'i'�'7 Ti1•�_�r t,: i.ZCf'r? ^'� t.._ o �i'3 ,: �''a shall be !.'C?wl_ci'f w:��'xjf'C�9 E:1 i.is' .� r�a� r (� :.i`.'t? <.Xi� sign structure IS• so � � �>..r' cT '� 3�=:� IC` � �:�l ried c�t- ! Sl G ;T' d be able tt� :;►�tfls�o.ri� �nfi �ris�i:, .�_'...;`�'�z aad stagy �= � K f3.e� y, (s �'j �J•< i s :�:•%, 's.1'g;- 'JY; i1_ 3.F i PP ^ierected x,.n tije�•]'UnIf}✓�_:Y�l� �V1p� ,- _ I ~rt-e Yn.' �-i GL C�cGe�.7. l: ' lA:a.1..e S.rr1.� •-�.� ._Y... I l.'... .:_ .a.(1' 4.F tLim"J .-. f. vaL''".".ii J v r-ac j .ri ( prov4s4ons of 5� :' �i:a 4.09 Of `I... (2) S. %�iS at, :ICA: 5�-_fit?: .:l :tio fi i ".-,LA 5 _L i.L erL::� ed u• r' {yltersec-tal.*"i Jfya:? � 'tr=1::s 17 x�.L'l1 c'iSbx�)Sta`yi't.kct� obstruct free an%-: 3, e t_j xea:s�t� c;. ire or acs location w'here, y ed •with fere :�rith ��'< ? c_ •, cr � � ;':.�.ifur-, , may ��_ �.h, 'i. v.- f, any wuth!�-':-veCi t?�a'fi-- -Signa .JL de°s s aic:p� S�to'..1 �r'= ' G." ��'Bec•S-c{�. �;'r:� r'rt :,"•_ ^2-t 4:Li_.-' :•[i�''.�� 9�..-.`: i�):+ , :i alp''• Q �'. sign be _ , ag character in such maz-ir,.er as ^.s reast�riatl;� 1r1'ter'f�3 Y ; with, mislead or confuse motor-ists. (3) ObseeCt }t+ o Into i3..�,.n shall bear or contain S .ateme.:itS, � words or pic�uz�e of an obtioe'ne. -:.ndecent or :i,mmQral charac'rer9 such as is likely to offer:d publicmorals or decbr,;:yo �4) Obstru^t i�7ti sign t,» sign s 1r�� _..x �e sha` - be ruc'te r_ such a taz�fa.er• or at >,' �h oLawi?,: :,hat 's `rr .�? cons t �xc_ a f obstruct access to any fire es aPa ® ' ;jt:h:�r meaY._? �3: egr •ss t�°om a building or any ex- t c�a.r*�rci.or, exi, a lz?iI: re � - e..' r_'. �crr�vay i NO signorsuppo2` ;.ng s ti ac!,;Ir ,ha"--L C:vtrc ry �;'Ct;�.:�;y Jr 'EJa1' 1c1�:_:`f any window or doo:�aa;,r rte a.r�;,Y marxie�' that. w1�_ s_r`�C}artt:�.clLy 11.mii� access to the build-ing in case of iive—� j 1 r a03 TYPE. P-EGIU LAT IO S Page 22 i (5) No off-prerili.se sign _shalil be peri-rt'Z -:,.ed 'ilia any c,_=tjej-czaL or industrial zone, excel, as reLT,11a-t - .1 �.;d in Section 411. (6) Str1ings of bare lights sha"I-1 beerected or maintained ,wlithin ;-Iew of a-ny ,;;ib11'-; X_ rigx of way. This subsection shall. not, apply t-�,.) Christffllas light-in ' displays (7) No sign or sign structure shall be corstr-ucted In suoh' a manner or location that it will obstruct access to any f1ra escape or other means of egress from a building or, any ex1t corridor, exit hallway or exit doorway, a-nd no sign or supporting structure shall cover, wholly or partially-, any W-1ndow or doonvay in any manner that will substantially lim-.'+_ access to. -the building In case of fire. Section 405: ROTATING AND REWODIVING S'MNS. Revolving and rotating signs sha,11 not: be p e rm.-1 t t ed r, ani residential zone or C-^r r or C-5 commercial zone. Tri ot7her they shall be erected or maintained o,,'.t'1y -s%)bjc-r_t -to 't-he restrictions,. C> (1) Tr ax-imum speed of revolution nhall not ex;;erjd five revolutions per minute, (2) No rotating or revolving sign shall. be 'L.111amlxnaated 1n, whole or Inp art by any f 1 a r,5 h i ng a I- I n t e rm I bt er,t I i E_h-t or 7 g h source, (3) If "he adjacent proper-ty an -the same s.lda c.f the sorae ll- contains a residence, apartment, hospit-al, or home for the ages or convalescent located within one hundred feet (1000 ) 11-ne sight distance of the sign or there is such land use within one hundred feet (100° ) line sight d1stance on the op_ P Dsil;e side of the street or intersection, no re-3-tatIA-19 Or revolving sign sha"IJ be permitted to be Illumd-noted after 20,.00 p.mo or before 7.,00_ a.m, unless the rotation or other m*vemerit is sto-o-Ped-1 and all light, from such sign is steady and cont5-nuvus. Such S.,.gn v-n-ay be permittled to be illuminated vrith---lit restri ctio-clL Lf the residents and all the property owners within the presrlzbea area' consen-t. in writing to the erection and mal,nTenai:-,0e %r.f such sign. This written consent shall remain on file wS-1--h the nigra pej,mit. 404 TYPE REGULATIONS Page 23 jEV (4) No s.lgn or any par2 �. slial ro .,ate -,)r ass the rota'v-in,-, or r-ev--_1v_-'ng of' e sign dl-3-plays art ad. vertising or me.-isage-. Section 4-06.- F'L-ASHING AND S'AGN 11-00MNA"HONz. (1) No exposec-1 r-ef-L-D- 1-Ave hype 1_--u I-b-s t l r=e 1,1 gh t z rotary beacons, par spots, ofLp lights or s1ral'gar dvv._'ce- -shall be per- mitted. No exposed iricandes-cent lamp which exceeds 25 watts shall be used o::-L the exterior st.srfacce of any sign so as to expose the face of such bulb or lamp to any public street, or pub lic right of way. (2) Flashing signs shall be permitted but flashing signs shall not be permitt-ed to revolve., rot--ate, or m_-)-va i'n atny ot-her manner, (3) The surface bright-n.6-s-s- of any sign _z:;ha`_1'1 not- e.-?-C�esd that produced by the difAisec! ob-1--a—LIOted _Vrom 8C)O fluorescent light source z not closer, than. 81' on, cz-ater. Section 40'7,. PROJECTING S-I.GNS. 4 Projecting signs sup-p�Dvte-d by a of a 'jti�;J..Idirng or structure shall be pe rmi.tkt,:-rd only in zz)-�,nes where there is no bull-ding setback vi, 'upon. an IL-A-111 within two (2) feel.-- of "Ghe property. L"Me and th--n. cn..y under the following (2) Only one projecting sign will be permitted or, the same business frontage with wall s_-Lgas. 01 (3) No projecting sign shall be permit-ted on the same • premises where there is a --free-star-ding sign or roof sign. (4) A projecting sign shall be considered as a viall sign and shall be subject to the same re(TuIreme"t-i-It-c• and limita- tions pertaining thereto. (5) A projecting sign. shall be us-e.d so'I'Lely tkl-o identify a business and shall not be used to advertise services or produ.-ts sold ort. the premises. 405 TYPE REGULATIONS Page 24 -three feet- (6) I3;, p above wa.'Ll S 7) Tye P--- e plane. anot.k..01, op vigns- not --"D tl -ign, Inay raTua-I finst, rojacting Exce-p-� as p�--;D,�-Ided a frame, It-nowri az, Sign shall be Z-h �—ble On e- an or other' -v1 -4 roof of a bua', ding. A- (9) Overhead clearance a-n.J-- P 13'c rig""S of w;2cy sh,-'- I. be L o. 2" ' Of proJec-t the n the t a t-. pag!-:: . Definitions,. A .9 X!, th�� va vye 11he ho-, -- IK F1. CIE Page= 25 407 TYPE REGUIIAT.T ONS A �pj, pi -T'T NG Sf"Ns eiqu.alz the -ta ens thn Vi-RT.-F. P.P,O.J S I s<I,, 1�2 A rA C Maximum proje,., for ars;' sign bey building shall be the lesser z',ft 1. That shoran on -the table four 2. Two feet inside the CUI-b Ml� - F(jp, of S'f NS Height- above HorizontalP_r.-I--a I grade prolactim_r S , "SS -II.-han 71 7-Q to- less than 8' 3 81 to less than 109 20 30 10, to less than 12v 896c, 3,gzf 9 59 not 1:mite 121 to less than 14.1 806" V 59 r.ot 2. mi+- 149 to less than 16" 8961, 4.50 50 not 1. m I e LAS 161 and over 8 v 6 v? 50 not lim,Ite. *except as provided in subze ticn.- 6) 0f 4h-!,- -,e;c- 3`5; - 407 o TYPE REGULATIONS Page 26 Section 408. TZ01"IF SIGNS.- -m-r p,00f tskiall. be -Zf.. where I.-here a-r-e r,-:) -rag bi-,I d g lt `2)_fee t and to i h then only u-nder' (1) Only o roof Sign, (2) Tota~ sl'gn area shall n-o •t� exc�!edl :r-ne sq-.113re foot for each lineal ftl,�t Of st'reet clf thei parcel of real propert*y ted. -%jUC_ i--- to be c;a (3) A roof sign shall not- be " u iparm-:.l "ed facng the Same . .. street- fronAtage as a free-s ttlandivz sign c)r a projecting If sign. (4) Roof sIgns may notl- pro-e�--A cvv-er pi-�-r; 10 P-r-c-P pub.l_';_c right-is of uray,'. (5) The raiaximim height, of sign -:.-zhall r, exeed (8) feet above the highes-t point c'-f tbe -Z-1.1ding. sign zhall bie er-eted iln_"eNs alad by BuIlding Official -up:.n a fl:-jd]�ug ';F.hall- and loca�;ion of tTie S"V.C;r; W?-n fere with fl.re fig"n"'iriS. Section 400. CCkISTR7UCT;VQ_W AND (1) Except. as otherir,"Lse C) 0 n f a,I.I. J.1.r B-I"d'rig conform to appl-JAIcable a WI-I fOrm Code. (2) Inconi,5uslib LT t ELL (a) All signs ere,---;ted --in Fix o- Zones No. S. arad 2 shall have primary members of ilnL-ombustiblei , for the ;�,uppo:ntu of M_ C> ;1 Id sect-ions, of the displLay is -,_rface- c;f uu, '� nor advert-- tisip -�i sjg,0.s m-.ay be -;...sed -In Fire Zcin,�-s Mzi. I an. 2. (b) Combination s` ns, roof s.I.gns, wal-_ PrOjeting signs, signs on marcliees other t'han under marTuee sig.nLs, sl-gn.s ct:a c;anop7 and vtall facade_s Shall be, const-n-icted of P•at-erlala except f*.,.Ir non-s-11-ructural trim, dl.sp'.Lay sarfaces and. Cutouts 408 TYPE, REGULP.-TIONS Page 27 If P a s arl.y Y ' d o S U 4 and ery and' 'fK .r-k p'latfr;rms at�,&,f-,hera i-.) vj z;i r metal. mai�.�,,enance may be cans': M Tj�,e __.5.u4jd-rg Offlacial iaay approv�� (d) g a Facade b,-1-stible materilals for .gn for ap. on, oro�M, f, -, amentat-1011 Of a electric si.g-a provided that he finds that The use of such materials i-, tted in the Fire Zone i n g- --r prop-;�L.,,ed bs- 1 a*e d .1 is n,f:)C?,ted whi,��h the __L .4 thbf. � - , rAO 10ade 1- rl , of �C_A� z.z e re is ; - cot-jsi;z+uc tle-d ctf aterl��%1_, J In -, ' 9 3- 1 •S, 4::- h:-a z a Y s-Lxbs va _aj ,h lth all of thai_r to'.TIPP!�;:Vts toget er w (3) All signs,, L - Dod arid' sha'�, guys and an!jhors shall be kept 9- Al A id be mai ri-ta-1-ned a safe site tney are ble, fl"Iit m��_Uo �-,�.-'I:.g V's S i k a neat, clean CW Z..I;,. , -F-. f kept 'Lr6e- Ti-ie; 5 1-, or ' " -- I be of all slgn-s sha'111 (4) No pters-CY9--- rr-! Airc-d _t--Z) a S1 gTz daub or u-nd--ja This Ord e paint", pa3te, glt�e 01' or af-CL4,-._,_�� -D paper �c-:t M, 4;e 1- Ivate property. signs on ani'ani' t p-tiblic stree , sldewalln� or pr Section 410*. OUTDOOR ADVERTISING SIGNS. �4 1. Zones pie rmL.ttirl-Ex> sj,,g.ns shark be pe-;m- tted only,. a. in .�L t a C-3 commero;-_al z,�)ne :� r an M dustriai zon-z? Page 28 409 TYPE REGUIATIONS 2 He a. art S.-P, Y T, 3 f rom e a. The maximum sign d of an ad-vertising sign shall be fres I- fee- _2" ) in heigbant ;d eet (25" ) len-SOL-h (excludl_ng 6upport-s and fo ;n-latioDs) cr a tolval maxim"ximi area of three hu-ndred (300) square feet per face. 4 b. Outdoor advertising signs may be increased in. area e 4- fc I gh to fo--krteen fee IA, 1; N Ir be h t and xrt t c:", .max;I fee-1-7 (481 ) in leng1h o, a total sllgn, area ot f t six hundred sever,-.-y-f, ive (i;171 sTa-wre fzoe . per face where permitted as freeway-sriented snigns, -.�a4lout.zj may projecAlt, beyond I.-he display s-.dace a-,,.zi m-:ty addI ryne-thlrd f`i;3" :P P addl +l.r_!nP_l area of and ly extend f-.1-ve and e" them si-Ide of the rj,,�)--z:31.ded 'Unat b the 35� ma Imam he "ght -- M'�t IS nol; ex,�;eeded- ',�P such 4. Locations periallvt1ed rlOn1a. adertlsi , :s- J -Y be tD a.: PaQj_tic, Hi_:Y CS, and Interstate Highway N . 5. b. Outdoor advertising signs, shall not have more than one display surface facirig in the same traffic direction on any one prem_ 'Ls,�s. 1) for the purpiDEe of this provisi'o-.in and for the purposes of appl-ying the spial_-ing 1.1-m1,ll-ations or dens!ply a single, ou-1- door advertising ort oArticl-) two display surfaces are atta:�hled ba�-.Ict-o- sack sba`11 be considered as one o-,At-door adver-t-ising sign with CM-Le di,splzny su.rfarmee fa'-_ rig one -IL-.-raffIc directlon. 410 TYPE REGULATIONS Page- 29 5. Olutdoor -9 -three li-undred fee*t-- an-D .. sj,gjj cir, the opposilte- t.,he n_igb-way or within five hundred. fc.;-2t: ", 500e ) r.)f-' ou,tdo,.�)r advert,�S'_139 signznn. thz--. same st-r-e-:!t- or highwa;y. For I)ur-p�.ses of applydi n,-, th I"s I Im-.i Hat-Ion, distances shall be measurec' as a radi-,?s fr= a SlSn. Where f;wo or- in-ore signs are rri -�ILo1at_L,)-_i of th se spacing provisio-as, •-the f-17.�st -onstru�cted, C-1 _awfu� -Ited lt-o remain,zitai erected and mai med shall be perm-':_ .- 6. Outdoor advertising signs shall have all metal str,actures; provided, however, that the display surface or display surfaces and 4-he stringers used for the support of the display surfaces together 'wr.'Ith cutouts may be made of other 7. Outdoor advertising signs are not pc-rm!ttt.-d a.--^, r.-Knlr signs. 1 . j-. 410 TYPE REGULATIONS Page 30 i� ( T•ZTS%;�1,?•4i�Lli.�`• r'.�'JSI %5 L:)�vS Se cti on 501Z '?"'n:A. __ yy Ordinance Trr o 6935 e>za °Y ; 3 :� .:tet C . :� :. April 14, 1969, and the game �v_Lth the clo:�}>� .) f ti�1siY1��., ern the day pr *7- h� date of This Ord I.an-Ce. f Sect 502: SEVERABILITY. The The pro'tr. s 4o�s of I°his Ordinance are herety declared to be 3 �ty t � severable. If a.Xxy. se� ��or19 6, Y: Ordinance is ad-�u.dgec, by a court, �._�1�T { a �Y ; of the invalid,�_dy such d!c:1:=:i C;'n ` hal 1 ?1>'� x a t:rif' � a. ;t`Li i�" ! remaining pOrt:lO'S, -;f This :i Section 5030 PENAT-i`f_�r S UpO.1 �t7iiT%i.":r'8'1.+:� y any P-_r 4z: lr-fl -� r Y:LS1.:3::iS of ThisC)�`d==ze`-_'>�e s�'13a.r �!';= :X � ��. a .f iwad .A. such person shall be p`,.n sherl �., R. f_.s;:= rf Ld_T A person i of at .,:,rte a p �.�.i deemed guilty of a sepa.Y'a'l a Of f8f -, ea;-t the violatio',t c:y � .ya€:yes l Section 504-. EPT—P ?CrEN Y_ _C'T ADSL...A-IM._.,F_F_ lJA i E y Inasmuch as, the of _gard has no �-- 3 (. with respect to ce.r•tain matters hereby proposed 'to be regulated : protection c!f _Ln order to pr.•o.T 3e the public In Le'rest and. for the peace y heal;;h and safety of the p¢r�ple of '�:ltz Ci��y of Tigard, y passage of This O�•dlnance is necessar- to rl.ace -these r-egt;_L 1.ons AM effect wi thc�� de2.ay, an emer'ge�,"y is bere'�� -e;la'ived 'fio exist and This Ordinance shallbeeffe'c--!-,;re u-oon itl-s passage ='Y �h� "Council and approval of -the May%r. .�44 9 f 11FF- JIt{ Pege 3�? 501 MISCELLANEOUS s�ROViS::OrJS I i i . i n , af PASSED By -- ul a ,.Inn, 0'- being Iia -jL'L-"-h day Of Yan.,uary, tz.-' rd APPROVED*. By the Mayor, -this lith -day of Jaamzar�v, 19171. g MI SCELLANEGUS PROV...IrSIONS Pa,;;,.e '32 SIGN VIOLATION 1,1,'PORT { RE: Brue A. Law 15400 S.14. 109th Telephone 639-7208 VIOLATION: Erecting a sign at intersection of S.W. Naeve and Highway 99 , Tigard, Oregon, without a sign permit TIGARD SIGN ORDINANCE - Chapter 16 PLANNING DEPARTMENT RECORD: On June 17, Mr. Law came into y Hall toldshim permit. that he had spoke with him briefly, explaining thelprocessapply to to fill out a sign permit application and supply me with a drawing of the yMr. � Law sign and location of the sigrinhithe ice sbusiness onJune17, the rsame nday. the sign permit application and He asked me when his sign would be approved and I told him I needed the arlier. Mr. Law indicated to me that he would drawings I had spoken of e provide me with the drawings. On June 20, Mr. Law returned to City Hall and inquired of me as to the + status of his sign permit. I informed him that I could take no action until the drawings were submitted. He again indicated that he would submit the drawings. I have not seen nor spoken with him since. l Elizabeth A. Newton f" { ®esi SIGN VIOLATION REPORT RE.- Bruce A. Law 15400 S.W. 109th Telephone 639-7203 VIOLATION: Erecting a sign at intersection of S.W. Naeve and Highway 99, Tigard, Oregon, without a sign permit. TIGARD SIGN ORDINANCE - Chapter 16 BUILDING DEPARTMENT, CODE ENFORCEMENT RECORD: l,Yeek of June 7, 1982, Mr. Law was contacted by City via telephone and asked to remove three signs at intersection of S.W. Naeve and Pacific Highway 99. ! He stated they were temporary and would immediately remove signs. Mr. Law did not remove signs and since the signs were in Public right-of-way s on June 11, 1982, 4 :OOPM.M. , myself and Russell Williams went to location and removed the three signs. On June 14th, Mr. Law re-erected three more signs at the same location without obtaining a sign permit. E On June 15th, Mr. Law was mailed a citation in lieu of custody by certified mail. Citing him to appear in Municipal Court on June 22, 1982 at 7:00 P.M. Citation t number 0733. Photographs were taken of newly erected signs as evidence. tt Judge gave Mr. Law 10 days to remove signs and apply for sign permit. At the t end of 10 days Mr. Law did remove the signs and he entered an application for a sign permit with the Planning Department. However he has not obtained a permit because he cannot meet the requirements as set forth by Plarrning: 4 On July 12th, it was noted that Mr. Law has erected a sign advertising his products at the same location he had removed the illegal signs. n t t Edward T. Walden i i 16 _40 . 060 (b' SIGNS AT INTI F2SI?CTIONS . No sign shah_ be erected at intersection of any streets in such a manner_ as to st,b stantially obstruct free and clear vision nor shall_ any sign be erected at any location where, by reason of the positi.on , shape or color, it may interfere with, obstruct the view of , or be confused with, any authorized traffic signal_ or device; nor shall any sign be erected which ,hakes use of the word "stop, " "look, " "danger, " or any other similar word, phrase , symbol or character in such manne!_ as is reasonably l_i_kel_y to interfere with, mislead or confuse motorists . (c) OBSCENITY.' No sign shall bear or contain state- ments, words or pictures of an obscene, indecent or immoral character, such as is likely to offend public morals or de- cency. (d) OBSTRUCTING SIGNS . No sign or sign structure shall be constructed in such. a manner or at such a location that it will obstruct access to any fire escape or other_ means of egress from a building or any exit corridor, exit hal.7_way or exit doorway. No sign or supporting structure shall cov- er, wholly or partially, any window or doorway in any manner_ that will substantially limit access to the building in case of fire. (e) No off-premises sign shall be permitted in.-any com- mercial or industrial s_ox�e r-e�:cegt-otxtcoo -avertis-jng si�'ns, as regulated in Section 16 . 40 .O�Q�_ (f) Strings of bare lights shall not be constructed, erected or maintained within view of any public street or public right-of-way. This subsection shall not apply to Christmas lighting displays: (g) No sign or sign structure shall be constructed in such a manner or location that it will obstruct access to any fire escape or other means of egress from a building or any exit corridor, exit hallway or exit doorway, and no sign or supporting structure shall- cover, wholly or partially, any window or doorway in any manner that will substantially limit access to the building in case of' fire. (h) All signs of an incidental or temporary nature not permanently affixed to the ground shall be prohibited, with. the exception of real estate signs as permitted in Secti_ons 16. 36. 020 through 16. 36. 040. (Ord. 72-32 95 , 1972; Ord. 71-5 §404, 1971) . .16 . 40 . 060 Flashing signs and sign illumination. (a) No exposed reflective-type bulbs, strobe lights , rotary bea- cons, par spots, zip lights or similar devices shall be per- mitted. No exposed incandescent lamp which exceeds twenty- five watts shall be used on the exterior surface of any sign so as to expose the face of such bulb or lamp to any public street or public right-of-way. (b) No flashing signs shall be permitted except those showing time and temperature only. 210 (Tigard 1/15/78) l CITY I Y Date ". - , 7" 1�9 No. O F 9 f/ SIGN PERMIT APPLICATION OF for the work indicated or as shown in the accompanying plans and The applicant hereby applies for a permit specif ications. �-• 1,5-,2 O 4,0 , 7G %him: �� SIGN LOCATION ADDRESS: 7 'v v APPLICANT: Owner e� Lessee . Authorized Representative d _ Tel t eJ 1 c . =� _ NAME/COLr MPANY �— _ _"_ _ _ _ _ _ -• -• — — — — Wall Projecting —Other PROPOSED SIGN: Freestanding — AR.EA ¢'�y �•�- -- HEIGHT WALL AREA SI.GN.DIMENSIONS ZONING DIST ICT- ILLUMINATION PROPERTY FRONTAGE COSY' .� l �-r d— Red- -MATERIAL ed- -MATERIAL alt ' ' d COLOR DRB COPY- Other EXISTING SIGNS: Freestanding -- Wall Projecting --- _GOMM ENTS: All sign permits must be accompanied by a scale drawing and plot plan. If work authorized under a sign permit has not been completed within ninety days after-the issuance of the permit, the permit shall PLANNING DEPARTMENT become null and void. -Permit Fee _App pii a�ii s Signature Approved c 7 ;7- U Recei t o- � S'-.� --"�� Renewal Date Address Telephone I law rhododendron nursery i E BRUCE I�4W 15400 S-W• 109TH 639-7208 TIGARt1. OREGON t` Z r, ��I JCITATiON TO APPEA11 -IN COURT IN THE Municipal Court of the City of Tigard, Oregon 0C--) LIN O District Court of tha State of Oreg.-,n, t:. t County of Washington �� ; I i ;�'• t ., Justice Court of the State of Oregon, County of Washington City of Tigard,VS !• = State of Oregon, VS NAME LAST (1'u.ST) (t6tUo{.c) RES.ADD, PHONE&- CITY /�sI,4 R D _.�--- --STAT!--- �--� --- -- BUS.ADD. CITY STATE �J DOB!-9^27-3:5 HT.610' WT. 17IS EYES >f SEX SEX ! OPR_LIC.OR HAl R� n RACE SOC.SEC.No. _ON THE DAY OF jf4 IV f' 192 Z AT ABOUT y rod P M j(! ATTNT, ! _-,f SJ-c7?D/L�G.G /!/�Ev F,�T-`//� 111;(),�Ahf/F UL LY CO MM IT YOU DID _ THE OFFENSE OF:VJ& ,..•]•fDA/0,- Tim - R�-�ri7vc��lc n/C_ o cwt FcIT F7-,eR yf/AT�M JAG YOU HAVE BEEN ARRESTED BY �= � 1'0' '^"-OFFICER PRIVATE CITIZEN § Cid f l.',S A COMPLAINT OR INFORhtA-il OtJi•7) 3_�N FII_EO:AGAINST YOU ii J 'fl-lE ABOVE Q _/ !] WILL NAMEDCOURT. •-i (NO. CL C) ) ❑ BE YOU ARE CITED TO APPEAR IN COURT AT //�y /" M. ON THE �/Jj e7 DAY OF Cf N C 2-- g. MUNICIPAL C - efeiai,j/C*Pb c: A� t COURT Tigard, Oregon f� �= /� t DISTRICT 2Q ^ ')te, S A FJoocrCourt House, Second & COURT Main Streets, Hillsboro, OregonA JUSTICE �` '^n• '^^ " COURT !' ..:fir RS•i�,i 1 HEREBY CERTIFY THAT I SERVED A COPY OF THIS CITATION ON THE ABOVE N AMED DEFENDANT. DATE OF ICER BADGE - i i;ti��•L - READ CAREFULLY _ k,.,: This citation is not a complaint or an information. One may be filed a d YOU will be pro- vided a copy thereof at the time of your first appearance.You MUST appear in court at the ` time set in the citation. IF YOU FAIL TO APPEAR AND A COMPLAINT OR INFORMA- TION HAS BEEN FILED,THE COURT WILL IMMEDIATELY ISSUE A WARRANT FOR YOUR ARREST. IN ADDITION,YOU MAY BE CHARGED WITH THE CRIME OF WILLFUL FAILURE TO APPEAR. COURT COPY r ' i AVOID V1:1;13A1. 1-1ESSAGFS Ci'J'Y OF TIGARD FROM: Billie Rawlings TO: LINDA SARGENT DATE: July 20, 1982 SUBJECT: Bruce Law Judge relay called me this morning, per your inquiry in the above t I give you the following information from the case, and asked tha Court files. 1. Mr. Law was cited by Ed Walden for violation of the Sign Code, Chapter 16 of the TMC• eared for arraignment on June 22, 1982. There was 2, Mr. Law app g no plea at that time. . An arrangement was made with the City, and Mr. Law that he put in the appropriate applications with Planning, and remove his signs until some form of approval was made. It was re-scheduled for July 6, 1982 (2 weeks) for Mr. ! Law to have time to put all of this into action. July 6,Mr in the morning, Mr. Ed Walden 3, On approximately Law had removed his signs, and an advised this Court that 24r. L ed with the City Planning Department. application had been enterf uly 6, 1982, Judge relay dismissed the matter, 4. On the evening of J t ith the City for conformance. per the agreement wi i r b Buildin g Official 1 cc: Ed Walden, 1 cc: Judge relay, Municipal Court Judge Administrator cc: Bob Jean, City i i s { I i i. i 1 i i r 1 i . •1 CITATION TO APPEAR IN COUR :' IN THE LTJ Municipal Court of the City of Tigard, Oregon nn C —�! DDistrict Court of the State of Oregon, County of Washington ElJustice Court of the State of Oregon, County of Washington City of Tigard, VS State of Oregon, VS NAME 'L_'0'WJ Z3 46::! A LOAF r LgST -� RES.ADD. ZCb[1 �Gt�D9PHONE�j 7Z CITY _-/ D _ STATE BUS.ADD. /-1'1, PHONE CITY STATE DOB WT. 7,R EYES /J 4 SEX M /� OPR.LIC.OR HAIR H RACE _IOf SOC.SEC.No. ON THE 2 DAY OF AT ABOUT M (( / YOU DID AT _�-e—_ ��L•'Eg-St E^_59,57 L!/ LA VFUL1_Y COMMIT !- T:IE OFFENSE OFfr, PrP r.4,y e/>./!G YOU HAVE BEEN ARRESTED BY ��,-tom-, T. IyI f�ttC£OFFICER El PRIVATECITIZEN 1A COMPLAINT OH INFORMATION HAS Fit-ED AGAINST YOU IN TlfE ABOVF 0/t 1 �� WILL NAMED COLI F:T. (NO. o�GC ) ❑ BE �: 3 PM ON THE YOU ARE CITED TO APPEAR IN COURT tA�T L_ DAY OF (� MUNICIPAL COURT Tigard, Oregon /,4pG DISTRICT Court douse, Second & COURT Main Streets, Hillsboro, Oregon,6y1. l��r �i� ,•%/ JUSTICE COURT I HEREBY CERTIFY THAT I SERVED A COPY OF THIS CITATION ON THE ABOVE NAMED DEFENDANT. 1 - /--4� FirFE I CrFFICER0GE READ CAREFULLY This citation is not a complaint or an information.One may be filed and you will be pro- vided a copy thereof at the time of your first appearance.You MUST appear in court at the time set in the citation. IF YOU FAIL TO APPEAR AND A COMPLAINT OR INFORMA- TION HAS BEEN FILED,THE COURT WILL IMMEDIATELY ISSUE A WARRANT FOR YOUR ARREST. IN ADDITION,YOU MAY BE CHARGED WITH THE CRIME OF WILLFUL FAILURE TO APPEAR. COURT CC+:'Y of a. � July 21 , 1982 MEMORANDUM TO; City Council FROM; Planning Department SUBJECT; NPO Membership Appointments At their regular meeting of July 20, 1982, the Planning Commission approved the following people to serve on NPO'S for four year terms to begin August 1, 1982 and expire July 31, 1986: NPO #5 NPO #6 NPO #7 1. John Schwartz 1. Loren Tower 1. Barbara Priest 2. Craig Hopkins 2. Eunice Day 2. Nancy Robbins 3. John Logsdon All of these people live within the Tigard City limits. Recommended Action: Planning Commission recommends that the City Council ratify the appointments of these seven (7) people to each applicable NPO for the terms set forth above. i MEMORANDUM TO: Mayor and Council FROM: Linda Sargent, Administrative Assistantr�% RE: Dental Insurance DATE: July 21, 1982 BACKGROUND The City has contracted with the Oregon Dental Service since August 1, 1975 for dental coverage. This year, staff has compared the ODS plan with the League of Oregon Cities Blue Cross Dental Plan. Initially, Blue Cross offered lower rates (see attachment) and staff considered changing carriers. However, on July 16, ODS informed staff that the City was eligible for participation in a new pool and that dental coverage rates woula be lower than Blue Cross . The net effect will be a cost savings to the City of $5 , 359 . 20 over the next year. RECOMMENDATION AND COUNCIL ACTION Staff requests that Council moves to authorize the Finance Director/City Recorder to enter into an agreement with ODS commencing August 1, 1982 and subject to the $10 . 34/$17. 80/ $31. 01 rates for dental coverage. U C N U L O N U N QJ L ^ C) cu N U U 'O Y 0 - / L Y L U C C) C . 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O] O UU N tJDU N a Y •- c -- c O - y .- 2 N Y N L Gy W >1 0 L C) cJ cu �•- i- ai o2CU C7L E U i l� E L X O.cJ F--• EW L C La >. Wt3 1 O.y U - U Y W X x y Q- cJ iJ N fxy y U C L L C ` r c3 C) C O C U U C1 O O N c) c U Y }G L-- -� C--i--•- L C U U N N U L >a U C FJTC 0 c c - 3 c L- C) o c >,m:3 v cJ �- F yp- cJOUN-aJ•- - iu- U � tO U- OL O- - C t7 tl a O I.J O•- 3-- cmc 00 O U i C L U U U r C CGm Li 0Li NQ L_CCd U-- 3C) >• C:) `- MEMORANDUM TO: Mayor and Council FROM: Linda Sargent, Administrative Assistant RE: Yohn Mobile Home at Cook Park DATE: July 20, 1982 i k I r BACKGROUND ' In response to Mr. Yohn ' s letter of July 7 (attached) offering to sell his mobile home to the City, I visited the residence ; on July 20 . The 1967 Fleetwood 12 X 60 mobile home contains I 2 bedrooms and 1 2 bathrooms in fair to good condition. The Yohns purchased the mobile home in 1971 for $5, 000 and are offering it to the City for $10 , 000 (negotiable. ) The true market value of the residence is difficult to assess . However, two sources have quoted figures between $7000 and $8600 . An appraisal would cost $150 . The Yohns plan to relocate to the coast in August and have first offered the mobile home to the City before putting it on the market. The Yohns would like Council action on this matter as soon as possible. ISSUES At this juncture, Council needs to decide: 1) whether or not a caretaker ' s residence is needed within Cook Park; 2) whether or not the City wishes to negotiate the purchase of the Yohn mobile home; and 3) in the event of a purchase, j if the expenditure is to be taken from the Parks SDC or another fund. i RECOMMENDATION AND COUNCIL ACTION Staff recommends that Council refer the Yohn mobile home issue to the Park Board to be discussed at their August 5 meeting. The Park Board could then submit a recommended action to Council on August 16. f i I t f G k I July 7. 1982 The Honorable Wilbur Bishop, Mayor. Members of the City Council & of the Park Board City of Tigard 12755 S. W. Ash Street Tigard, Oregon 97223 Gentlemen: We would like to sell our mobile home located within Cook Park to the City of Tigard. We feel that the City of Tigard should consider the position of this home and decide whether or not they are going to keep it as a caretakers residence. The price is negotiable and based on the current county assessed value. We need to know as soon as possible as we are also planning to move out of Tigard. We will appreciate the earliest reply. Very truly yours. Mr. & Mrs. Henry J. Yohn 17025 S. W. 92nd Avenue Cook Park Tigard, Oregon 97223 i s i i {E i i E July 22, 1982 MEMORANDUM TO: City Council FROM: Mayor Wilbur Bishop SUBJECT: MACC Board Alternates Our City Administrator, Bob Jean, is our MACC Board representative. We do not have an alternate. I recommend Administrative. Assistant, Joy Martin, as our first alternate and myself, as Mayor, as the second alternate. I ask your approval of this recommendation. C. WB:BJ:lw t July 22, 1982 MEMORANDUM T0: Mayor and Council FROM: Linda Sargent, Administrative Assistant/ SUBJECT: Conditional Use Requirements - Status and Enforcement Report Staff has reviewed a number of situations involving conditional use zoning ordinance and found that the Planning and Building Departments have consistently followed up on violations. A report on temporary uses and conditional uses is attached for your information along with Legal Counsel's opinion on flower vendor zoning violations. LS:lw C ?:I-.111-Z.t }Ll.--� _tom t`L-'.Li' tr�. 7��u.c i<c: 'y-�� o•cc.-lig- �G.-ci� -' �-•c1�-c�•r-� l7 •- I V �it�C-CO -r_�� -3•y �--Oji-L.-�rl�-uo� /-�C=�+c// �/`�� d C2- 1"7 t `'!3 S �� / . 71 C2) E N61 WARNING OF ZONING CODE VIOLATIONS Any business, service, processing, storage or display essential to or incidental to any permitted use in a zone and not conducted entirely within an enclosed building is required to have a Conditional Use permit issued by the City of Tigard. The above regulation applies to land in the following zoning designations: ZONE TMC SECTION R-5 Single Family 18.20.020(14) R-7 Single Family. 18.20.020(14) C-3 General Commercial - 18.28.020(37) C-3M Main Street Commercial 18.30.020(32) M-2 Light Industrial 18.44.020(12) M-4 Industrial Park 18.52.020(14) Your current use is in violation of the Tigard Municipal Code. A Temporary Use permit may also be issued by the City for outside sales, display or storage for a limited duration and need for up to 60 days. t_ You have 24-hours to contact the City of Tigard Planning Department to apply for a Conditional Use or Temporary Use permit. Contact Liz Newton or Jeremy Coursolle at 639-4171. City Hall is located at 12755 SW Ash. If you have not contacted the City of Tigard by a.m./p.m.;�on you will be issued a written warning and a citati - may follow. Your cooperation in this matter is appreciated. Please feel free to contact us if we may be of assistance. i C.E. Delivered a.m./p.m. on Qi I U I I U O I I I cd cl3 O O e� O 4-3 •r1 7, •ri S-• S. cd C p U O O O S✓ •ri O •r+ •.� S.. a-) .N V) 4-3 O O r+ ro .0 U cd cd cd U 'p y� •ri cd C U 3 3 3 ca n4-3 —1 O � 4-3 a 3 X 3 4.3 C r1 i✓ C O E E E ca 7 > c-. [d IU N hD U FAD Z 3 In. CK N Qom. � bio r- E 04 O W U) W cd E Ci E O cd +-) O C b G D C U U cd -i O C O i -,i O E -0 cd O C S. O 1-1 1..� O c U A. O 3 S.. W S. 3c E >> -v O -N E >> U 2 -I-� N 4-3 4-3 +� L N14 I (2) -ca N P.� � N 4-3 .N .0 cd o. cd 4�a C C. Cccd U cd cd 'V U U U .� •rU-I r� H •r-i 'D ri r-i r-i C:r 'D U U 3 H 3 3 3 H u rc CZA z E E ado n. o. a. En E• 01 0. N l ""I N O In A O LS'1 •• Ul r:1 —iCl .. .. Z � s O 1 1 I 1 1 1 1 I 1 N N N N N N W N N -- 00 1- ib t CO 0 -- \0 \ \ \ 1, -- CD O O O O O r-i N � r-A r-I r-i H .--I N \ \ \ \ \ \ \ \ Lfl 11l In lfl lfl lfl 11.1 LC Lr L1'l Z O A W H I i N N N N N N N N E- OD 00 c0 00 OO OD OO OO \ \ \ \ \ \ \ \ In It, ire U-1 Ln Lr) Lr U, In a� cd d ul 3 4-3 C in 3 C— cli—1-1 O u ] H i. Z - H r-I U C rn -� � E 1 O O - m A C N 4-� U G to A 3 O a3i ice. .� 1-43 3 Ca, vi N co -0 N -C w 4U, I t� A C-- U d � VU] a co F O'DONNELL. DATE June 4 , 1982 SULLIVAN a RAMIS ATTORNEYS AT LAW TO EJS 1727 N W. HOYT STREET PORTLAND. OREGON 97209 (503) 222-4402 FROM PEG { RE: Flower Vendor Zoning Violations ISSUES 1. Can the City of Tigard enjoin a flower vendor who operates without a valid conditional use permit? this type (conditional use violation) 2. Can a zoning violation of be selectively enforced? CONCLUSIONS Yes. ORS 30 .315 allows an incorporated city to enjoin zoning violations. Yes. Generally, a city may selectively enforce as long as it does not discriminate by focusing on arbitrary classes. DISCUSSION Generally, the violation or repeated violation of a zoning ordinance may be grounds for injunctive or other equitable relief under statute or under other circumstances giving rise to equitable jurisdiction. Frankland v. Lake Oswego, 267 Or 452, 517 P2d 1042 (1973) . Oregon statutes provide that any incorporated city may enjoin a violation affecting real property, that has existed for ten days or more, or that otherwise may result in additional violations of the same or related penal provisions affecting public morals, health or safety. ORS 30.315 (c) (d) (e) . Also, see Washington County V. Stark, 10 OrApp 384 , 4.99 P2d 1337 (1973) . Here the zoning ordinance violation has existed for ten days or more, and the city may, therefore, sue to enjoin the violation. A municipality is generally subject to the same rules as a private party when it seeks injunction. Linn County v Calapooia Lumber Co. , 61 Or 98, 121 P 4 (1912) (suit to compel removal of a dam where the obstruction of a public road was only temporary and when flooding of road was speculative and indefinite, injunction was denied) . However, where a municipality sues for injunctive relief, the balancing of the hardships will usually tip in its favor based upon the representa- tion of the public interest. Georgia v Tennessee Company, 206 U.S. 230 (1907) . Here even though the flower vendor might be a seasonal operation, the violation is regular, definite and relatively certain to reoccur. The hardships should tip in favor of the muncipality. Furthermore, it is generally no defense to the suit that the defendant will suffer a hardship from the enforcement of the ordinance when the hardship is a consequence of the defendant' s violation of the zoning ordinance. McQuillin, §25 . 344 . A city' s laxity of enforcement of certain zoning regulations against other designated violators is not a defense to injunctive relief PEG:dn 6/4/82 O'DONNELL. DATE June 4, 1982 SULLIVAN & RAMIS 1 ATTORNEYS AT LAW 1727 N.W. HOYT STREET To EJS PORTLAND. OREGON 97209 15031 222-4402 FROM. PEG RE- Flower Vendor Zoning Violations unless discrimination is established. Yick Wo v. Hopkins, 118 U.S. 356 (1886) . Therefore, permitting some persons to violate a zoning regulation does not necessarily preclude -its enforcement against others. State v. Kane, 40 W2d 316, 242 P2d 505 . However, an enforce- ment procedure that ocuses upon any arbitrary classification is subject to scrutiny. In such a case the defense of procesutorial discretion on the part of the city is not an adequate defense. Oyler v. Boles, 368 U.S. 448 (1962) . See United States v. Steele, 461 F2d 1148 , 9th Cir. (1972) . l . PEG:dn 6/4/82 Page 2 July 21, 1982 MEMORANDUM TO: City Council FROM: Public Works Director / SUBJDCT: SW 70th Avenue (Accepting Public Improvements) These public improvements were constructed by Farmers Insurance Group for access to their property along Highway 217 under a street opening permit. This is a 24' public street with no parking on a 30 foot right-of-way which is otherwise constructed to standard. I*recommend these public street improvements be accepted. C CITY OF TIGARD, OREGON RESOLUTION NO. RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING THE _PUBLIC STREET IMPROVEMENTS KNOWN AS SW 70TH AVENUE, SOUTHERLY OF SW HAMPTON STREET. WHEREAS, F.I.G. Holding Company proposed to improve SW 70th Avenue, southerly of SW Hampton Street, to certain City standards and specifications; and WHEREAS, the City required the payment of fees and the execution of a Street approvable construction plans thereinregard; and Opening Permit and the Posting of WHEREAS, the City's permit ordinance stipulates that: i "Section 14: Inspection and Acceptance. The permittee must apply to the Department of Public Works of the City for inspection of the work ! to determine compliance with the requirements of this ordinance, prior to final acceptance of the work. The permittee shall notbe relieved liev d ofhereof obligations unduntil under e any performance or cash bond posted pursuant to p work is in accordance with the terms of the permit and has been accepted by permittee shall further remain obligated through a time said department; the period which may be required by the City, via a maintenance bond, but not exceeding one year from the date of acceptance of the work-" WHEREAS, said Department has determined that all work is satisfactory; and j WHEREAS, the required performance bond remained in full force and effect intenance period of one year, and through the normally required ma WHEREAS, no deficiencies remain to be corrected NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Tigard, Oregon hereby accepts the public improvements constructed within SW 70th Avenue, southerly of SW Hampton Street, ,AND FURTHER, the City council herewith authorizes release of the aforsaid bond. PASSED: This day of 198 by the Council of the City ._ of Tigard, Oregon. Mayor ATTEST: ------------ Recorder RESOLUTION NO. July 21, 1982 MEMORANDUM i TO: City Council f FROM: Public Works Director SUBJECT: Acceptance of LID Petition f s i The attached petition was received on July 14, 1982, for sanitary sewer service at 103rd and McDonald. ! Several other possible solutions are available. Stuff will make a feasibility study and return to Council if action is required. f t F ff E ft i!c SS f f { 4 z i !1� E. .L To : THE HONORABLE %L�YOR AND CITY COUNCIL / x-A�: City of Tigard Washington Count 5 State of Oregon L r�� the `latter of the Improvement) of lands described as : ) LoT , T/GARt/vic LE f�E/GNTS PETITIOiv FOR AND CONSENT TO CREATE A LOCAL IMPROVEMENT DISTRICT (LID) e T /0 7—/ v/LLC ffE/GfiTS ) Petitioners hereby request that the hereinbelow described area be improved by creation of an assessment district for the express purpose of r Q,'Ld,i E�Twit/G TO S�WEA (1) That the undersigned is in fact the owner(s) or the contract purchaser(s) of the indicated property(s) . (2) That the undersigned represent one—half or more of the affected area as hereinbelow described. (3) That the cost of this improvement to be borne by the benefited properties and in respect thereto respectfully show: That the area proposed to be improved by creation of an assessment district comprises approximately acres , and is legally described � hereinbelow (or on the attaced sheet marked Exhibit "A" which by reference herein is made a part hereof) : l Wherefore, petitioners request that said . lands be improved by creat-on of as assessment district and that the City Council of the City of Tigard, Oregon expedite creation of the same as provided by law. SIGNATURE ADDRESS MAP 7 RECORDING TAX LOT r NUMBER �__ Sco K S8o r �CG�LcF / Q 6�/ �Gi✓ f�- 3S — O/00 I'RGE vZ/ RR i July 20, 1982 f ICS: Tigard Water District Board of Directors FROM: verne Wheelwright, James Henderson, Wilbur Bishop, Tom Brian RE: Joint Water Study Committee Per the consensus reached at the joint meeting of July 13, 1982, we have met to discuss the nature and scope of study work for the study committee. We are in agreement that a committee should be formed at the earliest possible date and that it conform to the following suggestions: 1. Membership. The committee will consist of seven members. Three shall be appointed by the City, three shall be appointed by the Water _'District and one selected by the six appointees at their first meeting. It is further recommended that one Council member and one Board member be among the appointees. 2. Reporting. The Committee is to submit the same written progress report at the first of each month to the City Council and Water Board. The com- mittee shall submit a full report on its study conclusions and recommendations on or before December 1, 1982. 3. Final Report and Recommendations. Findings and recommendations should be submitted in final report form. Recommendations should include specific objectives and suggested timelines for implementation_ 4. Scope of Work. The committee shall be requested to study and make recom- mendations on the following topics: A. In what areas can the City and the Water District work together to jointly reduce costs and/or reduce or eliminate duplication of effort (e.g. : equipment, personnel, facilities, mailings) ? B. In what areas and to what degree can the City become involved with the Water District decision making (e.g. : operations, tax rates, water rates, water supply) ? C. Is it feasible for the City either now or later to take over and operate all or part of the water system (i.e. : legal aspects, operational- aspects, costs, timing) ? D. In addition to these topics, the committee may review other related topics that it may feel are important after receiving concurrence from the City Council and Water District Board. a 5. Resources. The Committee may request such basic support as it my require from City and District Administrators. Any "major" costs or consulting costs required by the Committee must be authorized by both the Council and Board with costs to be shared jointly between the City and District. RFCF�V�� ciTy of 1982 House Plants,Tropical and Exotics T16480 15300 S.W.PaC�ei ' � int. Tigard,Oregon 97223 - 639-9841 Proprietors:Ethel and Car!Hector Tigard City Council 7/20/82 Dear Sirs I would like to have an audiance with the Tigard City council in regards to the City OF Tigard sign code. My main concern being enforce- ment and violation. Thank you � •. C�QiZZv,. � /f Carl Hector M E M O R A N D U M TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BOB JEAN, CITY ADMINISTRATOR Y DATE: JULY 19 , 1982 SUBJECT: SEPTEMBER CIVIC CENTER ELECTION If you wish to follow the Civic Center Committee ' s recommendation for a September election, then the resolution must be passed by August 16, 1982 . I would recommend that you receive the Committee ' s Report as in their minutes, and then direct staff to work with the architect to update the budget and financial plan to present with the elections resolution on August 16, 1982. f RWJ : dkr l r II MINUTES CIVIC CENTER EXECUTIVE COMMITTEE JULY 14, 1982 DURHAM PLANT OFFICES o CALL TO ORDER and ROLL CALL: 7:45 p.m. Charles Samuel, Gerry Duffy, Mary Payne, Cliff Speaker, Vern Christensen, Joan Barker, Betsy Chick, Dennis Brun, Gary Fox, J.B. Bishop, Walt Munhall, Vince Mataresse, Sharon Takahashi, Susan Mueller. o SUPPORT COMMITTEE REPORT, Gerry Duffy o Precincts which did the best were the ones with personal contact. . . o Committee needs personal contact with precincts. . . o MOTION BY GARY FOX TO DROP PROPOSAL, No Second. o DISCUSSION: o Betsy Chick -- We need more support in the community, more help necessary. . . there is a lack of interested participants. . . o Joan Barker -- The cost effectiveness of the proposal is not understood. . . don't wait for an upturn because now is the time for a good buy. . . o Cliff Speaker -- I wonder if these times are right. . . o Dennis Brun -- Two major comments: "Never pass because of Summerfield, " (yet did relatively well there) and "None were aware of the cost benefits". . . it was perceived as the best of build options but not as the best of all options. . . Perhaps a different strategy is needed? o Charles Samuel -- The Chamber and Rotary responses were good, but the mood of the community severely changed in May-June. . . o J.B. Bishop -- Renters in Tigard are positive, long-term tenants and voters. . . o MOTION BY GERRY DUFFY TO REVIEW OPTION TO RESUBMIT TO CITY COUNCIL, Second by Mary Payne. Passed. o TIMING: Cliff Speaker said November may be too soon. Walt Munhall said November may be "all or nothing" to the voters, now or never! Betsy Chick said that a campaign can't be put together by September. Dennis Brun says that we can't overcome the large number of uninformed voters in November. Vince Mataresse questioned whether voters would vote favorably for the Library, and that severe cut-backs could jeopardize the library vote. If it looses in September, it would not likely be better in November. Mary Payne pointed out that the tax bills arrive in October and S & L notices. Could loose positive votes from June, at November. Walt Munhall said he feels that City politics are overwhelming and can't pass until there are changes on Council. Need low key campaign, or a non-campaign. o NETWORKS: How can we effectively tap into the community groups? o Fiesta Days o Town and Country Days o Three Concerts o Service Clubs Continued. . . MINUTES -- CIVIC CENTER EXECUTIVE COMMITTEE JULY 14, 1982 PAGE TWO l- o MOTION BY GERRY DUFFY TO GO TO THE VOTERS IN SEPTEMBER, Seconded by Cliff Speaker. Passed unanimously. o Gary Fox had to leave at 9:15 p.m. ; he resigned from the Committee and Campaign efforts due to time commitments. o ALTERNATIVES: Alternatives were developed. See chart attached to the minutes of this meeting. o CRITERION: The following criterion was decided upon. o The Committee feels a change from a 20 year to a five or ten year proposal may be more acceptable. o It is necessary for the library to be adequate for the next five to ten years. o It is necessary to have a community center function and meeting area centered in City Hall, to eliminate dependence on outside meeting areas. o It is necessary to improve the City Hall space and especially the Police Department space. o It is necessary to have an income stream, from the rental of space to other concerns. o It is necessary to expand the Community Center and Library within the next five to ten years. All recognized that the current cost of expansion would be approximately $1 million, and that the cost of expansion would rise to approximately $2 million within the next five to ten years. o MOTION BY CLIFF SPEAKER to restate that the Committee is still in support of the 20 year plan with a budget of $4.5 to $4.6 million, that this is still the best proposal. Mr. Speaker moved to adjust the proposal to meet with their first option (#VI) with a budget of $3.6 million, but no less than their second option (#II) with a budget of $2.5 million. The Committee feels that options are representative of what can be done but not necessarily binding. That $3.6 million and $2.5 million represent levels of meeting the City's needs for ten and five years respectively, and that we should strive for the most benefit from which ever level is chosen. Mary Payne seconded. Motion carried. o Meeting adjourned at 10:45 p.m. d'-11 DR. CHARLES SAMUEL, CHAIRMAN Cw7 L (Y) � Ln r- rn a N M M vi- r-1 ,� ro ro x x! z z z z z o z4-) z U � ] .� ro La ra U O W to w �l W W U w W 0 z O ; U C >+ >+ O P4 r, O a O � ° a -) n c c 4-) 3 3 O O U O x O O 3 3 3 O U) U2 O U) � U) -N U] cn C U) U W W W C W "I w •ri W W O W O ?t C >+ U >+ >+ w 1 O ro al U U 14 4K * (1) * * O * ro a0 O O to O to >< to U v) u) E cn �4 z z w E w w •� w w a) w .� w a �+ o H C4 H W K O N r I a) N z O v) O aJ O N O (1) U) O 4-) cn a) U z W4-) z $4 z 'O W z C W +-) O >+ a) >+ U N OU >4 U > -P >4 ,a 4-)-�-i •i r6 •4 C .1 y, w ww e v-., x w a 44 c p4 N U) U) a U) U) $4 E U) 00 O O 0 C> � 00 C O U O H O O O U O U O a) O •K O U a Ol Ol `O N '"d Cr U 00 z 'r- o 'O —4 ro r-I i (a ro +J ro a -,qv w U U asU -K r-•i -k r--I -k G -K -k � r-i 0 O O U) O Vl O cn O U) U) O O k ffCR�z z z w LL W LL W U w W H z R+ >1 is >•i >4 •K -K i P z A z a H z a a M w >+ H I� O K x w E- v 4-J >" z (V 1 O O H H ,J t t i < 1 l July 22, 1982 MEMORANDUM TO: Mayor and City Council FROM: Bob Jean, City Administrator /�L6 SUBJECT: Annexation Zone Changes Two basic questions were raised by Council at the last meeting regarding zone changes after annexation of the Durham, Bechtold and North Dakota islands: (1) Did staff follow proper notification procedure on these annexations; and (2) What are the procedural options currently available in addressing the Comprehensive Plan conflicts? As to notice, Liz *Tewton's memo shows that the State law was followed as to notice, but also that the City mailed separate notices, not required by State law or City code. Both Mr. Schwartz and Mrs. Leiser, who testified that they were unaware of the annexation, were sent the courtesy notice by the City. As to process from here forward, the City Attorney's memo outlines two options: (1) Continue the zone changes until October and then address under the new Comprehensive Plan; or (2) Proceed under the current Comprehensive Plan by means of Comprehensive Plan Revisions. I, the Planning Staff and the City Attorney recommend continuing these three zone changes to October. BJ:lw r MEMORANDUM TO: CITY COUNCIL FROM: PLANNING STAFF SUBJECT: Public Notice on Zone Change Annexations. At their meeting of July 12, 1982, City Council asked staff to review the notification procedure followed relative to annexations and zone changes for the Durham and North Dakota island annexations. Durham Island: In July of 1981, property owners in the Durham area were notified of the resolution to submit the Durham Island Annexation to the Boundary Commission. A copy of the letter and mailing list is attached. The names circled are those persons who testified at the July 12, 1982 meeting that they had not been notified. The Boundary Commission followed procedures for notice set forth in ORS section 199.463. The City mailed the notice required by Chapter 18.84 of the Tigard Municipal Code to surrounding properties for the zone change on June 1, 1982 for the July 12, Public Hearing. North Dakota: Boundary Commission followed provisions for notice set forth in ORS Section 199.463. The City mailed notice required in Chapter 18.84 of the Tigard Municipal Code to surrounding property owners for the zone change hearing on July 12, 1982. Those notices were mailed on June 1, 1982. i i NUUICr: OI' A'N.N KATION A.\',\T--Y-;1i'ION TY1U": Durham Island Dear Property O%aner: This is yotu• fornral notice that: the Tigard City Council will consider the annexation of your property at a Study Session on August 3, 1981 and take formal action by Resolution at a Regular Session onugus K)_, 1981 i If the Council approves this Resolution, the public hearing on this proposal � will be held before the Portland Metro Area Local Government Boundary Commission in Portland in the near future. ! i -If the Boundary Conmission approves the annexation, they will issue a Final Order to the City. Staff will then prepare an Ordinance accepting your property and zoning your property to the "Tigard Comprehensive Plan Designation". This Ordinance will be presented to the City Council for adoption. You will not be notified individually of the Boundary Commission Hearing. Notices will be *posted on telephone poles in your area. You will be notified before the Ordinanc:-: acr-epting your property into the City is presented to the Council. We will be glad to tell you the Boundary Commission Hearing date if you call the Planning Departmfent at 639-4171 - Elizabeth Newton. We will also try to answer any questions you may have concerning the process or the effects of this action related to you or your property. A brochure describing City services will be mailed to you at the end of this month. You tr ly, ,/,,- � Corrmrehe i Aldie ns ve Plan Zone Designation _ manning Director AH:ag etic Resolution to Council August 10, 1981 Proposed Boundary Comnission Date Sept . 24, 1981 City Cour.IIil weetings are held at Fowler Junior High, 10865 SAY Wz lnut, 7:30 p.m. Mill ald 5tornes wollscniager MLDon 8340 al Ross 15740 SW Hall Blvd 14815 SW 79th Tigard 97223 Tigard 97223 Tigard 97223 Fimmel Scolar t,.88 SW Mapleleaf Rd 8901 NE Halsey 14725 SW 79th Avenue Lake Oswego, 97034 Portland 97220 Tigard 97223 Sattler Bardell Heitkemper 8800 SW Sattler Dr 15070 SW 81st Ave 14665 SW 79th Tigard 97223 Tigard 97223 Tigard 97223 Hoggan XXXXX#NX Idriss 8200 SW Ross RXgR$XXAIXXRXx 1130 SW Morrison #320 Tigard 97223 TRXXXXRRXXg Portland 97205 Borland Gillmor Nogle 4342 S Parker Rd 14630 SW 79th Avenue 15520 S.W.'Hall Blvd West Linn 97068 Tigard 97223 Tigard 97223 Smith Weaver Black 4314 SE Harrison St 14670 SW 79th Avenue 580 SW Hall Milwaukie 97222 Tigard 97223 Tigard 97223 Kazakoff Webb Koch 15045 SW 79th Avenue 14790 SW 79th 400 E . Division Tigard 97223 Portland 97223 Sherwood 97140 Hommerberg Hansen Hassel 14955 SW 79th 14840 SW 79th Avenue 10115 SW Walnut Tigard 97223 Tigard 97223 Tigard 97223 Grey Nero Diehl 14985 SW 79th 15080 SW 79th 8340 SW Dorburn PL Tigard 97223 Tigard 97223 Tigard 97223 GxgNxSOOOXRNX$RxxxAxNxxN Wilkinson Cannard B�X3�Yxpi�X$X%�R 14875 SW 79th Ave 15030 SW 79th Tigard 97223 Tigard 97223 i Shaylor Casey, Michael & Susan Gage 14925 SW 79th 2901 E Second Space 75 8000 SW 54th Avenue Tigard 97223 Newberg 97132 Portland 97219 71 Limpo Driesner 6arlson 15270 SW 79th 15685 SW 79th Avenue 15245 SW 74th Tigard 97223 Tigard 97223 Tigard 97223 Jones Messinger Srvel, Inc. 15220 SW 79th Avenue 15565 SW 79th 'Neva Elliott, Atty Tigard 97223 Tigard 97223 517 Corbett Bldg Portland 97204 Bradley Earhart Knauss Chevrolet Co. 15390 SW 79th Avenue 15545 SW 79th 11880 SW Pacific Hwy Tigard 97223 Tigard 97223 Tigard 97223 Brooks Thurstonson Schwartz 15385 SW 79th Avenue 15900 SW 76th 15570 SW 79th Avenue Tigard 97223 igard 97223 Tigard 97223 i i r t Cowlthorp i Raab 15235 SW 79th Bouman 15630 SW 79th Tigard 97223 9290 SW- Burnam Rd Tigard 97223 Tigard 97223 Arvidson Stanton 15215 SW 79th Havery 15740 SW 79th Tigard 97223 3970 SW 76th Avenue Tigard 97-23 -(igard 97223 Barnum Rivas Hamback 15185 SW 79th 16060 SW 76th Avenue 7735 SW Durham Rd Tigard 97223 Tigard 97223 Tigard 97223 Anctil Schoewe 15220 SW 81st Avenue Sproul 7925 SW Durham Rd Tigard 97223 15880 SW 79th and 97223i Tigard 97223 Tigard Watt Schmidt Scott 15160 SW 81st 15735 SW 76th Avenue 9255 SW Inez Tigard 97223 Tigard 97223 Tigard 97223 McGuire Frey Tousey 7660 SW Oleson Rd 15685 SW 76th Avenue 14660 SW 89th Portland 97223 '*'igard 97223 Tigard 97223 Bauer Loewer Scott 8275 SW Ross 12238 SW Clydesdale Ct 7975 SW Durham Tigard 97223 Tigard 97223 Tigard 97223 L�tersbn Fimmel 10240 SW Hawthorne Ln 8901 NE Halsey Portland 97225 Portland 97220 r f ._alquist Schmidt 7700 SW Bonita Rd 15435 SW Hall Blvd Tigard 97223 Tigard 97223 Ericksen 8040 SW Bonita Rd Tigard 97223 Leiser 6009 Pendleton C Portland 97221 Mackinnon 14750 SW- 81st Tigard 97223 _Raze 105 SE Ramona St Portland 97206 Neely 14940 SW 81st Avenue Tigard 97223 Gould 14980 SW 81st Avenue Tigard 97223 Steen 14885 SW 81st Tigard 97223 Babin 14825 SW 81st 'igard 97223 4 Crisman 14635 SW 81st Ave E Tigard 97223 r {!i 1 O'DONNELL. DATE July 22, 1982 �`- �Y SULLIVAN & RAMIS ATTORNEYS AT LAW TO Tigard City Council 17:_7 N.W. HOYT STREET PORTLAND. OREGON 97209 1503► 222-4402 FROM Edward J. Sullivan, City Attorney RE Continued Public Hearings on Zone Change and Annexations for Durham Island, Bechtold and North Dakota Island At your meeting of July 12 ; 1982, the Council asked me to work with your staff to review proposed rezoning of three annexed areas so as to change the zoning on parcels therein from county to city zoning. There are two particular problems associated with this effort: 1 . The difference in land use designations - Tigard fairly much followed the Washington County zone designations in adopting both its NPO plans and its zoning regulations. Washington County changed the designations in its zoning regulations in 1973 and 1974, but Tigard made no corresponding changes . Hence, there are both county designations without a corresponding city designation, as well as city designations which do not match county designations, due to differences in uses allowable outright and under conditional use permit and related matters. 2. Plan-Zone conflicts - Complicating the first difference is the fact that the city Plan designations do not necessarily match the existing county zoning designations. For example, the county may have an MA-2 designation, which allows for an industrial park, whereas the closest city designation is either M-3 or M-4 . The city is under an obligation to enforce its Comprehensive Plan but, without corresponding zoning designations, it becomes difficult or impossible to do so. There is no satisfactory answer, in the short term, to the problems listed above. If the city changes the zones as requested, it leaves in place the city-county Plan/zone conflicts, as well as placing a zoning designation on the property at issue which may not fully carry out the city' s Comprehensive Plan. If, on the other hand, it leaves the county zoning designations in place, it places a burden on the Planning Director to assure in the issuance of building permits, that a use proposed conforms both to the new city zoning designation and the city Comprehensive Plan. In the case of established uses, this may require a use allowed under the county ordinance and already established, but not allowed under the city zoning ordinance, to be placed in a nonconforming use category, making any change or altera- tion difficult. There are basically two alternatives open to the Council: 1. Adopt a proposed zoning in part and amend the NPO plans so as to eliminate the conflict between the city and county designations and also between the city designations and existing uses. This approach would require the city to continue the hearings at issue before it tonight, to initiate a Comprehensive Plan revision so as to make the necessary changes, and, probably in August or September, to adopt the whole package together. 1 2. Hold off on the zone changes at issue until after the city' s new O'DONNELL. DATE July 22, 1982 SULUVAN & RAMIS ATTORNEYS AT LAW TO Tigard City Council 1.727 N.W. HOYT STREET PORTLAND. OREGON 97209 Edward J. Sullivan, City Attorney 15031 222-4402 FROM RE Continued Public Hearings on Zone Change and Annexations for Durham Island, Bechtold and North Dakota Island Comprehensive Plan is adopted. The revised Comprehensive Plan which will do away with many of the specific NPO designations, and revision of the implementing zoning and subdivision ordinances are due in October and November for Council adoption. If the Council were to take this alternative, it should table the ordi- nances under consideration, either indefinitely or to a date certain, in order to review these proposals against the proposed city Comprehensive Plan and implementing zoning and subdivision regulations. The city would then utilize the county zoning desig- nations and the applicable NPO plan. In the event of a conflict, the stricter of the two would govern. While we are ready to make the necessary changes if the Council so directs, both the City Administrator and I agree that this matter should be tabled indefinitely or until November 22 , 1982, when the Comprehensive Plan and implementing regulations should be before the Council. If you have any questions regarding the above, please feel free to give me a call . cc: Bob Jean Frank Currie t EJS: ial 7/22/82 Page 2 July 22, 1982 MEMORANDUM TO: Mayor and Counci l FROM: City Recorder SUBJECT: Public Hearings At Council Meetings All public hearings are legally being advertised for 7:30 P.M. and may be started anytime thereafter. Council may begin hearings at 8:00 P.M. if ( you wish to do so, but you can begin earlier if time permits. DH:lw K t C r f i riuc 9982 tigard community youth services 620-2621 To: TOYS Board From: Bill Knudsen Re: Director's Monthly Report, May - June 1982 overview Counseling The two month period covered by this report has to be characterized as one of _great irony. Not only did we lose two levy elections by the narrowest of margins, we also had the highest number of referrals for the entire year in May (59) and the lowest in June (12) . This contrast gives clear evidence that school related issues, whether it be behavior at school or behavior at home created by school pressures, is the common- est precipitating factor in bringing youth and families to TCYS for help. May brought 15 re-referrals, highest for the year and a healthy sign those who have been here be- fore cane back. Despite the usual summer slow down in counseling referrals, counselors will experience it less this year.. Since two of them have been placed on conditional lay-off, neither will be given any new cases starting in July in order to avoid disruption of any treat- ment plan should the levy fail and the counselors actually have to be layed off. Leslie will be taking some new referrals and will continue to see some of them in a group. Should the levy pass in August, we will still have the same problem since some of the cases Leslie takes on will have to transferred to other counselors as her parent ed and volunteer duties will then require her full attention. Two parenting groups and two youth counseling groups (possibly three if the Tualatin group gets off the ground) are continuing through the summer, all for the first time since the early years of TCYS when such attempts failed for lack of interest. Attendance has been low to moderate, but enough to warrant continuing. t Employment Bob's absence for one month would have caused serious disruption in our entire program had it not been for the efforts of all staff to fill in. Those who remained did a remarkable job of covering their own areas and pitching in to take and fill job orders. So far as I know no babysitters were sent out on lawnmowing jobs. For his part, Bob came in evenings to complete orders we were unable to during the day. Perhaps the greatest benefit of the experience was that the Board inserted a new jury leave policy r into its manual. No new youth were enrolled in June in order to give enrolled youth first shot at those jobs coming in. Those placed on waiting in June (about 30) will be enrolled in July. Bob will be presenting a workshop on Job Maintenance at a metropolitan area youth employment seminar in early July. Sponsored by the Metro Area Private Industry Council, the seminar is expected to attract 2,000 youth and 30 employer groups. 11981 s.w. pacific highway 0 tigard, oregon 97223 Page 2 Family Life Education Marge Kessler completed the Spring Single Parents Class in May, signaling a year's involvement with the parent education program. This class was the first she led independently and the experience was a successful one, judging from comments on the evaluation forms: "I have enjoyed these sessions very much and have learned a great deal about myself and how to strive to become a more responsible parent"; "I like the gray Marge led the group as I've learned so much from her." Two yrs of the class became interested in leading groups. Derek Lawley has co-led the summer class with Leslie and Linda Hernanz will co-lead the Fall Single Parent class with Marge. Wayne Sedgewick, who had taken a parenting class earlier this year, volunteered to provide childcare for the spring class. Charles F. Tiqard school was very helpful in providing the library for the class and opening the gym and making play equipment available for the free childcare. The surm er parent class consists mostly of parents who have already received counseling from TOYS or who have recently requested counseling. Three step-parents, three single parents and six standard models are represented in the group. Characteristic of the fluid, changing forms of the family often found in the FLE groups, one member is a full-time single parent to 2 half-sisters and step-mother to three additional children each weekend. Assuming the Parent Ed program survives, Leslie plans to sponsor a self-help parenting group for mothers of young children known as the Birth-to-Three Program. The program is designed to be led by volunteers who then transfer the complete responsibility for the group to the mothers themselves who can rely on it for support and resources. TOYS can function to recruit group menbers and supervise volunteers. Parent Fair TCYS plans to sponsor a Saturday Parent Fair this Fall to create an opportunity for parents to attend workshops on ways to improve family life and become familiar with resources which can help them with family and school-related issues during the school year. A dozen presenters will hold seminars on topics including: Developing Self Esteem in the Family, Suggestions for Step-parents, Single Parenting, Comnnzicating with Your Adolescent, Talking to Children About Divorce, and Stress Management for Parents. Four sessions will be held between 9:00 and 3:00 to enable parents to attend workshops of interest to them and enjoy skits by Tigard students on family-related topics over lunch. The fair will center on parents of elementary and junior high age children. All parents, however, will be welcome to attend, and there will be workshops focusing on adolescence (what to expect and how to survive) . TCYS is organizing the Parent Fair to begin the school year by making parents more aware of the special talents they possess as a family and by offering them ways to learn more about teaching their children to be responsible decision-makers. The fair is an op- portunity for parents to establish contact with each other and experience the enthusiasm and relief of shared problem-solving and the discovery of new resources, inside the family and out. Plans for the fair are gathering mcenentum as school administrators and counselors are contacted and continue to respond favorably. July 8 Leslie will meet with the Tigard School Board to request official co-sponsorship. Page 3 r-- Personnel ` Linda and Debbi have been notified of conditional lay-off as of August 11 should the August 10 levy fail. I became aware in June of the Pregnancy Discrimination Act of 1978. This Federal law says that employers of 15 or more persons must either include maternity benefits in its health coverage or self-insure pregnancy by covering costs themselves. When we de- clined maternity benefits in May, 1981 I was not aware of the law and our agent did not inform me of any possible liability. Oregon's version of the law may require the self-insurance feature for employers of as few as one person. I have asked Norm Smith to cheek into the matter and determine if TOYS may be in a vulnerable position. Budget As if the budget were not strained enough, TCYS will have to share costs of the June 29 election with the City's Civic Center issue and will have to bear the full cost of the August 10 election as we will be alone on the ballot. Combined cost could total over $2500. Plans will have to be made soon for ways to cover these costs. TIGARD COMMUNITY YOUTH SERVICES ANNUAL SERVICE REPORT 7/81-6/82 ( 1 . Number of Youth Referred This Year : 405 Re-referrals : 41 TOTAL : 446 2. Living Status : 180 Both Parents 40% 26 Father 5.8% 82 Mother/Stepfather 18% 12 Relatives 2.6% 22 Father/Stepmother 4.9% 3 _Unknown 6% 109 _Mother 24% 12 Independent 2.69 Other (Specify) 3. School Status : 339 Full-Time 76% __6 Suspended 1% 4 Unknown 1% E 4 Part-Time 1 p 1% _Discontinued 11% 4 Expel 47 E _ 8 Hiyh School Grad. 2% 1 Pre-school . 1% 20 Irregular Attendances% 13 GED 3% 4. Sex: 270 Male 176 Female 61% 39% € r 5. Ethnicity: 429 White 96% Native American 11 Hispanic 3% Black 6 Asian 1% Other r 6. Prior Court Contact: 136 Yes 310 No 30% 7090 7. Residence: 279 Tigard 63% 139 Tualatin 31% 28 Other 6% f 126Incorporated _37Unincorporated S. Source of Referral : -- i 121 School 27% 142Parent 32% 29 Self 6.5% 53 Juvenile Department 12% 10 CSD 2% 49 Other Individual 11% 370ther Agency 8% ! 3 Police •67. -- i 9. Reason for Referral : 95 Family Problems 21% ___Educational Assistance _Activities/Recreation 42 _School Problems 9% 198 Employment 44% 11 Law Violation 2% 66 —Personal Problems 15% 35 Drug/Alcohol Problems 8% C 4 r ANNUAL REPORT Page Two 10. 74 Under 12 17% 88 16 20% _51 13 11% 59 17 13% 69 14 15% 35 18 8% 54 15 12% 16 Over 18 4% 11 . TCYS SERVICES PROVIDED TtiIS HOURS: NUMBER SERVED: 416 ( 1) Individual Counseling. . . . . . . . . . . . . . . . . . _ 378 96 ( 2) Group Counseling. . . . . . . . . . . . . . . . . . . . . . . . 83 772 ( 3) Family Counseling. . . . . . . . . . . . . . . . . . . . . . . 1300 28 (4) Educational Counseling. . . . . . . . . . . . . . . . . 28 _ 189 (5) Drug Counseling. . . . . . . . . . . . . . . . . . . . . . . . - -213 ---- 76 (6) Alcohol Counseling. . . . . . . . . . . . . . . . . . . . . .. _76 _ 233 (8) Needs Asses4nent. . . . . . . . . . . . . . . . . . . . . . . SERVICES: 1338_ (7) F!)Mloynx-nt C'owiseling- - - - - - - - - - - - - - - - - - ---- 895 722 (9) Job Placement-Kids for Hire. . . . . . . . . . . . 596 203 (10) Job Placement- Permanent. . . . . . . . . . . . . . . 189 22 (11 ) Job Readiness.SeMindr. i . . . . . . . . . . . . . . . . . 478 :4 (12 ) Recreation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. -- I (13 ) Big Brother/Big Sister. . . . . . . . . . . . . . . . .. — t 13 (14 ) Support Services . . . . . . . . . . . . . . . . . . . . . . _13 j 368 (15 ) On-Going Follow-Up. . . . . . . . . . . . . . . . . . . . — _ _316 I 50 (16 ) 3-Month Follow-Up. . . . . . . . . . . . . . . . . . . . . ..... 50 1 07 ) Tutoring/GED. . . . . . . . . . . . . . . . . . . . . . . . . • ---.. ------1-- k _5_(18 ) Transportation. . . . . . . . . . . . . . . . . . . . . . . . . - - -----5 198 (19 ) Agency Coordination. . . . . . . . . . . . . . . . . . . ..... _ 154.-__- 9 (20 ) Parent Education. . . . . . . . . . . . . . . . . . . . . . .. _ 9- 189 (21 ) Community Education. . . . . . . . . . . . . . . . . . . ____209 - 2898 _ TSpec i fy)_------ --- (22) Other. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. --- 2. Job Orders Received: e Kids For Hire 174 gids Applying for Work Permits Permanent: 83 Kids Applying for Social Security TOTAL : ANNUAL REPORT Page Three 13. Vol unte_e_r_s :_ 36 Active 1286 Hours Donated 14. (3i�Sister/Brother Prot_ram: 11 Matched Pairs Kids Pending Volunteers fending 15. Information/Referral Contacts : 4245-Total Contacts 1346 Phone 495 Information 1361 Employment Related 309 Youth _ ---- (5mos. ) 579 Adults 50 Person 105 Referrals 16. Consultation Hours: 1639 Total 534 Program Consultation 240 Other service Agencies -_--90 Non-Client Consultation 335 ' Training 310 Community Relations 130 Miscellaneous 17. Parent Education Pro.2ram # In Groff tSessions Service Units Pre-STEP -- _-- -------------- - STEP _.._ 12 — - -- --- Stre ss Management ___--12__-- ----_---- Communi cati on/Adol escent Self-Esteem 13 Single Parents -----70--- -- -- - - --------- - - Step Parents ------42-- - -- - - -- --- Adol escent Sexuality _-- --____-- - _-- -_ _ ._-- ------ --- Workshops -- -- ------ TOTALS: 149 77 11,473 TIGARD COMMUNITY YOUTH SERVICES MONTHLY SERVICE REPORT May 1982 1 . Number of Youth Referred This Month: 44 Re-referrals :-15 TOTAL : 59 2. Living Status : Open Cases: 75 f 23 Both Parents Father Paul: 26 Linda: 20 � 7 Mother/Stepfather Relatives Debbi: 29 4 Father/Stepmother 2 Unknown Cancellations: 44 18 Mother 1 Independent x 4 Other (Specify) t E 3. School Status : 49 Full-Time --i—Sus pended Unknown Part-Time 1 Expelled 3 Discontinued 2 High School Grad. 2 Irregular Attendance 1 GED ti t 4 4. Sex: -34 Male 25 Female ( 5. Ethnicity_: 54 White Native American 3 Hispanic Black 2 Asian Other 6. Prior Court Contact: 18 Yes 41 No t 7. Residence: 41 Tigard 15 Tualatin 3 Other 19 Incorporated 5 Unincorporated R. Source of Referral : '18 School 19 Parent 2 Self 5 Juvenile Department 2 CSD , 7 Other Individual 5 Other Agency 1 Police 9. Reason for Referral : 24 Family Problems Educational Assistance Activities/Recreation 6 School Problems 20 Employment Law Violation 3 6 Personal Problems Drug/Alcohol Problems MONTHLY REPORT Page Two R 10. A9.e: 11 16 12 Under 12 7 13 5 17 13 14 8 18 3 15 Over 18 11 . TCYS SERVICES PROVIDED THIS MONTH: t4UMBER $ERVED: HOURS: 62 51.25 ( 1) Individual Counseling. . . . . . . . . . . . . . . . . . . 37 34.75 (2) Group Counseling. . . . . . . . . . . . . . . . . . . . 182 75.25 (3) Family Counseling. . . . . . . . . . . . . . . . . . . . . . . (4) Educatioral Counseling. . . . . . . . . . . . . . . . . 24 17.75 (5) Drug Counseling. . . . . . . . . . . . . . . • ' • " ' • ' 18 19.75 (6) Alcohol Counseling. . . . . . . . . . . . . . . . . . . 46 29. —(8)_ Needs Assessment. . . . . . . . . . . . . . . . . . . . . . . SERVICES: sel ing• • • • • • • ' 121 176 (7) Employent Coun 75 ( 91 (9) Job Placement-Kids for Hire. . . . . . . . . . . . 27 � 27' (10) Job Placement- Permanent. . . . . . . . . • • • . . . 33 1 (11 ) Job Readiness. . . . . . . . . . . . . . . . . . . . . . . . . . (12 ) Recreation. . . . . . . . . . . . . . . • " ' " " " ' (13 ) 'Big Brother/Big Sister. . . . . . . . . . . . . . . . (14 ) Support Services. . . . . . . . . . . . . . . " . . . . 45 45 (15 ) On-Going Follow-Up. . . . . . . . . . . . . . . . . . . . 13 13 (16 ) 3-Month Follow-UP. . . . . . . . . . . . . . ' . . . . . . . (17 ) Tutoring/GED. . . . . . . . . . . . . . . . . . . . . . . . . . (18 ) Transportation. . . . . . . . . . . . . . . . . . . . . . . 20 20 (19 ) Agency Coordination. . . . . . . . . . . . . . • • • • (20 ) Parent Education. . . . . . . . . . . . . . . • • • • • . . 46 -25 (21 ) Community Education. . . . . . . . . . . . . . . . . . . . Employer Visits & Speaking Engagements Specify 1 1 (22) Other. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Job Orders Received: Kids For Hire 96 19 Kids Applying for Work Permits Permanent. 33 9 Kids Applying for Social Security TOTAL: 129 MONTHLY REPORT °age Three 13. Volunteers : 10 Active This Month 76 Hours Donated (56 B/B - B/S) 14. Big Sister/Brother Program: 7 Matched Pairs 12 Kids Pending _0 Volunteers Pending 15. Information/Referral Contacts : 504 Total Contacts 20Youth 46 Phone 42 Information 32 Adults 6 Person 14 Referrals 344 phone(Employment related) 16. Consultation Hours : 65.75 program Consultation 13.25 Other Service Agencies 5.2517 Non-Client Consultation 'training 38 Community Relations 9 Miscellaneous � 17 . Parent Education Program: # In Group # Sessions Service Units Pre-STEP STEP Stress Management Communication/Adolescent Self-Esteem Single Parents 5 4 20 Step Parents 11 4 44 i Adolescent Sexuality i Workshops i TOTALS: - 16 8 64 844 - Total number people contacts this month: Total number people contacts yr. to date: 5340 Average per month 485 TIGARD COMMUNITY YOUTH SERVICES MONTHLY SERVICE REPORT ' June 1982 1 . Number of Youth Referred This Month: 12 Re-referrals : 3 TOTAL : 15 62 Open Cases: _ Paul: 22 2. Living Status : Linda: 17 Debbi: 23 4 _Both Parents 1 Father •'4 Mother/Stepfather _1 _Relatives Cancellations: 25 2 Father/Stepmother __Unknown 3 Mother Independent Other (Specify) t 3. School Status : 12 - Full-Time Suspended Unknown Part-Time 1 Expelled 1 Discontinued 1 High School Grad. Irreqular Attendance GED l 4. Sex: 8 Male 7 Female 5. Ethnicity: 15 white Native American Hispanic Black Asian Other 6. Prior Court Contact: 2 Yes 13 No 7. Residence: 14 Tigard 1 Tualatin __Other 10 Incorporated _3Unincorporated R. Source of Referral : 2 School 4 Parent 1 Self _Juvenile Department 1 CSD 5 Other Individual 1 Other Agency Police 9. Reason for Referral : _ 5 Family Problems Educational Assistance Activities/Recreation 1 School Problems Employment 1 Law Violation 7 Personal Problems 1 Drug/Alcohol Problems MONTHLY REPORT Page Two 10. Age: 2 Under 12 3 16 4 13 , 1 17 3 14 1 18 1 15 Over 18 11 . TCYS SERVICES PROVIDED THIS MONTH: HOURS: NUMBER $ERVED: 42 ( 1) Individual Counseling. . . . . . . . . . . . . . . . . . 48 37. ( 2) Group Counseling. . . . . . . . . . . . . . . . . . . . . . . 26 68. ( 3) Family Counseling. . . . . . . . . . . . . . . . . . . . . . . 168 (4) Educational Counseling. . . . . . . . . . . . . . . . . 16. (5) Drug Counseling. . . . . . . . . . . . . . . . . . . . . . . . 29 17.50 (6) Alcohol Counseling. . . . . . . . . . . . . . . . . . . . . .. 17 10 (8) Needs Assessment. . . . . . . . . . . . . . . . . . . . . . . .. 19 SEKVZCFS: 23 (7) Ehploym ent ColLmsel ing. . . . . . . . . . . . . . . . . . 21 103 (9) Job Placement-Kids for Hire. . . . . . . . . . . . 92 1-2 (10) Job Placement- Permanent. . . . . . . . . . . . . . 12 1 (11 ) Job Readiness. . . . . . . . . . . . . . . . . . . . . . . . . ___40 (12 ) Recreation. . . . . . . . . . . . . . . . . . . . . . . . . . . . (13 ) Big Brother/Big Sister. . . . . . . . . . . . . . . . . (14 ) Support Services . . . . . . . . . . . . . . . . . . . . . . 27 (15 ) On-Going Follow-Up. . . . . . . . . . . . . . . . . . . . 27 4 (16 ) 3-Month Follow-Up. . . . . . . . . . . . . . . . . . . . . . 4- (17 ) (17 ) Tutoring/GED. . . . . . . . . . . . . . . . . . . . . . . . . . (18 ) Transportation. . . . . . . . . . . . . . . . . . . . . . . . .. 14 (19 ) Agency Coordination. . . . . . . . . . . . . . . . . . . 14 9 (20 ) Parent Education. . . . . . . . . . . . . . . . . . . . . . 9 (21 ) Community Education. . . . . . . . . . . . . . . . . . . Specify (22) Other. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -- r. 12. Job Orders Received: Kids For Hire 109 16 Kids Applying for Work Permits Permanent. 12 4 Kids Applying for Social Security TOTAL: MONTHLY REPORT Page Three 13. Volunteers : 9 Active This Month 103 Hours Donated (70 Big B/S Hours) 14. Big Sister/Brother Program: 7 Matched Pairs ^15 Kids Pending _1 Volunteers Pending 15. Information/Referral Contacts: 569 Total Contacts 34 Youth 74 _ Phone 77 Information 52 Adults 11 Person 9 Referrals 312 Employra-ant Related E 16. Consultation Hours : 66.5-0 Program Consultation 13.75 Other Service Agencies 1825 Non-Client Consultation 22. Training i 15. Community Relations 11.50 Miscellaneous i i7. Parent Education Program: # In Group # Sessions Service-Units F k Pre-STEP STEP — — —- k Stress Management -------- Communication/Adolescent ` 's Self-Esteem Single Parents — — f Step Parents _ -- Adolescent Sexuality — - -- f F Workshops — Ongoing Parent Counseling 12 5 60 TOTALS: --- Total number people contacts this month: 502 Total number people contacts yr. to date: 5842 Average per month: 487 t � July 22, 1982 MEMORANDUM TO: City Council FROM: Public Works Director SUBJECT- Main Street Development LID Petition/SDR - Transportation JB Bishop, developer of the Main Street development, has petitioned the City for a local improvement district for the public streets in this project. In working with Mr. Bishop in a sort of preapplication process for Site Design Review, it is apparent that the public street improvements in this development are all part of either the collector street system as identified on the com- prehensive street plan or are critical segments of the downtown circulation plan. The improvement of the interior streets in this development and the extension of SW Ash Street to Fanno Creek have been identified as the responsibility of the developer by the City Council action of April 26, 1982. The facilities on SW Main Street and SW Pacific Highway have been identified as presently needing improvement even without the Main Street development_ The Main Street development project will have an impact on this intersection which would further increase the need for improvements. For these reasons, staff would conclude that all these streets meet the Council's requirements as eligible LID projects (Bancroft Bonding) and further that the City participate on the grading, paving and signal changes of SW Main and SW Pacific Highway on a 50/50 basis with the developer, providing, however, that no parti_cipati_on by the developer on any extra capacity street will be eligible for SDC rebate. TO: THE HONORABLE MAYOR AND CITY COUNCIL City of Tigard County of Washington State of Oregon In the Matter of the Improvement ) of lands described as: ) PETITION FOR AND CONSENT TO CREATE A LOCAL IMPROVEMENT DISTRICT i Petitioners hereby request that the hereinbelow described area be improved by creation of an assessment district for the express purpose of (1) That the undersigned is in fact the owner(s) or the contract purchaser(s) of i the indicated property(s). (2) That the undersigned represent one-half or more of the affected area as here- inbelow described. (3) That the cost of this improvement to be borne by the benefited properties and in respect thereto respectfully show- That the area proposed hereby to be improved by creation of an assessment laistrict comprises approximately %�. ! _ acres, and is legally described hereinbelow C _ ,r in the attached sheet marked Exhibit "A" which by reference herein is made apart nereof) . p WHEREFORE, petitioners pray that said lands be improved by creation of an dite assessment district and that the City Council of the Cit of Tigard, Oregon, expe creation of the same as provided by law. Map # Book # Address Signature Tax Lot # Page # sK:1� Sol,eva _.!d/6ft!9 a + ®o Solo C I -- ' �• .;,.�---�-�'�." Keown rr. "__. _. _ a.�- _ _ . I A Cot • i a 3 " 8 I a Q I P6 _ I a 1.M�...M...p�_. ......................................... -: I ? 1--��..._..._.M.M._.aM_._.ew_._._ .M......... ......... ..... ................... ................ � I ' � I8� Mot. e +As. I i /$swsw&G r :. , jroue't wsuo son LQ- vi uj ui MEMORANDUM OF AGREEMENT ` DATED: August . 1982 BETWEEN: JB BISHOP ("Bishop" ) AND: THE CITY OF TIGARD, a municipal corporation ("City" ) Bishop is preparing to develop a shopping center in the City of Tigard to be called Main Street Center . In connection with that Center , certain on and off site improve- ments of a public nature need to be constructed. s The City and Bishop have reached an understanding s as to the fair and reasonable means of financing these t i improvements and allocating their cost. NOW, THEREFORE, subject to the approval of the I City Council of the City and subject to all other requirements of the Oregon Revised Statutes and the Charter and ordinances of the City of Tigard, the parties agree as follows: 1. The City, with the full cooperation of Bishop, will form a local improvement district for the construction of the following improvements: a. Those interior roads in the Main Street s Center as shown on the Main Street Center site plan approved by the City Council , which are to be built on dedicated rights-of-way and which will be built to City standards; b. A signal to be located at the intersection of Pacific Highway and the westerly entrance to the Center ; k i ( •- C. A 32 foot wide improvement of Ash Street along its length abutting the perimeter of the Center with a curb and sidewalk along the property line of the Center , all built to City standards; and d. Such excavation and contouring as may be required by the City on that portion of the property owned by Bishop west of Fanno Creek and designated as park area on the site plan for Main Street as approved by the City Council. 2, Bishop shall be exclusively responsible for the al improvement district described payments required for the loc in paragraph 1 above. 3_ The City, with the full cooperation of Bishop, �( shall form a local improvement district to construct the following improvements: the realignment and reconstruction of Main Street at its intersection with Pacific Highway, all as shown on the site plan for the Main Street Center as approved by the City Council . To the extent that property owned by Bishop is required to allow this realignment, Bishop will dedicate this property to the City. 4 . with respect to the local improvement district referred to in paragraph 3 above, Bishop will be responsible for 50 percent of the payments required and the City will be responsible for 50 percent. Ll 2 5. The parties anticipate further documentation of the agreements set forth above. However , upon approval by the City Council , this Memorandum shall be binding on the parties. BISHOP: JB Bishop CITY: THE CITY OF TIGAR7 By Bob Jean, City Administrator CITY COUNSEL: Approved As To Form: CITY COUNCIL: Approved by The City Council of the City of Tigard on July ff 1982 by a vote of By t 6 F i iE t e t 3 11 M E M O R A N D U M TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BOB JEAN, CITY ADMINISTRATOR DATE: JULY 19, 1982 SUBJECT: TURA ELECTION DISCUSSION Council has stated its intent for referring the TURA question to the voters in November. As you are aware, the first year- tax increment is negligible. The only work we will have accomplished is further development of the Plan itself. Additionally, the question is : Do you want to refer Downtoti7n Revitalization and TURA, or. just tax increment finance? We should discuss, then Ed Sullivan and I can have the appropriate resolutions prepared by the August 23 , 1982 deadline. Do you: o Want to refer the question later? o Want to refer just tax increment? — o Want to refer the TURA ordinance? RWJ dkr CC: Ed Sullivan, City Attorney Dori Hartig, Finance Director/City Recorder STREET DEDICATION Ident. 74a & 74b :!NO':J ALL MEN BY THESE PRESENTS, that First State n�.4 �f Oregon an Oregon Corporation —— hereinafter called grantor(s), for the sum of $1 .00 grant and dedicate to the Public a perpetual right.-of-way for street, road and utility purposes on, over', acrr;r;, under, alone and within the following described real property in Washington Co_nt.y, Oregon: See Exhibit "A" attached . To have and to hold the above-described and dedicated rights un the Public to 'or thea uses and purposes hereinabove stated. The grantor(s) hereby covenants that they are the owner(s) in fee simple and havi; good and legal right to grant their rights above-described. IN WITNESS WHEREOF, the grantor(s) have hereunto set their hand and seals this 71 ct day of T„nP i (SEAL) (SEAL) (SEAL) (SEAT.) IN WITNESS WHEREOF the undersigned corporation has caused this Street Dedication to be executed by its duly authorized, undersigned officers acting pursuant to resolution of its Board of Directors. FTRCT -qrr Name of Corpo-17 f i y: I �es F 1 f Socretalry Kevin T. heehy STATE OF 071E%UN ) COUNTY OF On this 71 ct day of T1mP 19R?, personally appeared the above name: i P H Fin 1 P -'^a `r' ShPP11V and acknowledged the foregoing instrument to be their voluntary act and deed. Before (9e: Oregon Notary Public for My Commission expires: 7-5-86 ACCEPTANCE A,.pr_ved as to form this day of 19__ ra i By: P I City Attorney - City of Tigard Approved as to legal description this day of 19_ By: ' I Accepted by the City Council this day of , 19_ By: City Recorder - City of Tigard t Page 1 of 2 Right of Way Acquisition Description Exhibit "A" Ident No. 74a and 74b A parcel of land in the S.W. 1/4 of the S.E. 1/4 of Section 1, T2S, R1W, W.M. , the City of Tigard, Washington County, Oregon, more particularly described as follows: Being that portion of the tract of land described in Book 982, Page 933, (Deed) and Book 1102, Page 933 (Deed) , of the Washington County, Oregon records (T.L. 4100, Map 2S-1-1DC and T.L. 700, Map 2S-1-1DD) which falls between a centerline and a line 30 feet northeasterly at right angles and parallel to said centerline, said centerline being described as follows: Beginning at a point that is N 89'40144" E, 20.00 feet from an iron pipe with a brass cap inside at the recognized 1/16th corner noted as Point "P" on County Survey No. 13,247; thence N 0°16' 56" W, 2401.64 feet to the beginning of a 400-foot radius curve to the left, (a stone at the recognized N.W. corner of the East 1/2 of the N.E. 1/4 of Section 12, T2S, R1W, W.M. , noted as Point "B" on County Survey No. 13,247, is N 0016156" W, 225.612 feet and N 59'07' 51" W, 23.370 feet) ; thence northwesterly along said 400-foot radius curve to the left through a central angle of 5850' 55" , 410.841 feet to the end of said curve (long chord bears N 29042'24" W, 393.019 feet) said end of curve point is N 59007151" W, 202.242 feet from said stone noted as Point "B" on County Survey No. 13,247; thence N 5900751" W, 356.802 feet to the beginning of a 350-foot radius curve to the right (a stone in a monument box at the easterly S.E. corner of the W.W. Graham D.L.C. is N 59'07' 51" W, 202.156 feet) ; thence northwesterly along said 350-foot radius curve to the right through a central angle of 60001' 14" , 366.645 feet to the end of said curve (long chord bears N 29007-14" W, 350.109 feet) , said end of curve point is N 005323"E, 202.156 feet from said stone in monument box at the easterly S.E. corner of the W.W. Graham D.L.C. ; thence N 053'23" E, 3648.45 feet to a 2-inch iron pipe at the N.E. corner of the W.W. Graham D.L.C. also being the Initial Point of the plat of "Hermosa Park" at the end of said centerline. _ 12/30/81 80.194.113 co CD C N N CT I U 41 C I 1 co i C O N 1 1 oU �U ` U [C � 0- 0 r O c_ O I LU u 11 cy1 CV Cl f) M N .n o c) am Ci, 4 O Q c9 .a a m w Mh— ro 0 2 r_ u L j / �h• iI 3 .J LL V. X O O 17O Co 3 L 0 / } y C J J to O O +•) +•� In0 p In CL, O V LL O VI 11 11 y C II 11 d' ` £ '�A n 1- W -0 L L -0 N C Z n n LL w n C 7 / n E v O CT / K N - z 2 N � � L y y O Sim C) c c C) 'a c c co tf� i J > Vl X N w C d d w 'O <Y 'w Cm) V1 lCl •L7 •O N •O N I Y/ J O C] Q 117 / 1 , L •man / � ✓ CV \ U1 _ \ LIJ H n o; h QO i Ss Q "to O cLn C ` ' ME .,/tea .4�• i i 3 — — — — ti =J�'�O� _r— h � / Z, ; c 0 \ , L � � ,p� cam• — o a1 N U • �n�` / '1J 3 i 7'L en - j / X1'1 Q^'�NT N .�-�C)ll7 LO CT CD L / Q - O�•9.--1 V ��GO —O 00 (U L-3 1--• 0 0 0 aD O O C Y O O O OIoM N O C�lOaON O N 41 3 /• - co O� N CT O lO l0 O 117 N / / — 7 to NM Z ap t"7 M N M Z — w +) rn a•+ m O /i i� _ / J '•__ _. CTL L CT ti 12 CL- N I LO N r NI -CC C1 JO+ rn Z n v !. V r. V Cp O I-.J/ �I t�• LU ' N O 7 � � N Q Q N O M M t/S V a O Q d /I V Z O 08 O d 0 M c a/ • ¢ 1=0 ro CL ` 4- .cs C LO' CO j 3 J � Y •• a O \ LL O CD ca Ln X O O b O Co 3 QS C r0 N •• O CJ N 11 II •1-I C 11 II K •�a CU O CJ O ' E -� K Ln // - z 2 v cc a -0COc c CZl' /i Y O N t0 •D C CJ 'D rte-. •O N J /./ • V/ V O 1 r/ �/ r U) CD r� •-I U7 O J n �' ® f Lil O 0 z 40 I �a p p o O •v cn r-c r U r s^ JC F- •- p, // N dam+�i q, mm L y C1 yy aJ N U �. C'J - LO Ln kD m _1'1p V r+- cli V - C) C> O CJ C7 .g• / . F- IO OOLDO OO� '^'� rn C Y ' D O O O L.[)Cl) N O O LD N O N / - LOO.••a N Q1 O LA LD O LA N Y3 W LAV V NM Z tDMMNM Z JLJLJJ-�L-JI 'L • 3 U Lb- W D1 O CU-0�C 7 N-0 V L L 4J / K U C O O A V C O O b <T '1 W ru L 10 t t CJ b L r0 L t CJ U U Co o_Q F-U U c0 W a C ,` I 1 Ident. 6 + STREET DEDICATION ;2 —14(3) KNOW ALL MEN BY THESE PRESENTS, that William Geor e Dickoff and Mar aret Dickoff, as tenants by the entirety, q l&/e pZI grant and hereinafter called grantor(s), for the sum of $ dedicate to the Public a perpetual right-of-way for street, road and utility purposes on, over, across, under, along and within the following described real property in Washington County, Oregon: See Exhibit "A" Attached C To have and to hold the above-described and dedicated rights unto the Public for the uses and purposes hereinabove stated. (they) is-(are) the owner(s) in The grantor(s) hereby covenants that he-(sbe) fee simple and have good and legal right to grant his (her) (their) rights above-described. IN WITNESS WHEREOF, the grantors) -h (have) hereunto set #has'(i ,r hand(s) and seal(s) this 11 day of SSEAL) (SEAL) _ i (SEAL) /l / STATE OF OREGON ss. COUNTY OF WASHINGTON) day of i _ , 19�, BE IT REMEMBERED that on this li e S t Oregon personally before me the undersigned ned Notary Pub l,c ,n and fp � p eated he within- me d ` r described in and who who 4s- (are) known to me to be the id ical individual(s) (they) executed executed the within instrument and acknowledged to me that -ha. (sty) the same freely and voluntarily. day of hand and seal this i� YN)TESTIMONY WHEREOF, I have hereunto set my I I q-&I i NotaPu ry ,c for Oregon My Commission Expires: Approved as to form this day of ' 19 By:City of Tigard c,ty Attorney - Approved as to legal description this day of 19 By: ,I f , 19 Approved this day oIll CITY COUNCIL, CITY OF TIGARD, OREGON By: ( REF. NO. STATE OF OREGON ) COUNTY OF ) On this day of 19 , before me appeared and both to me personally known who, being duly sworn, did say that he, the said is the Mayor, and he, the said is the Recorder of the CITY OF TIGARD, a municipal and corporation, and the said acknowledged the said instrument to be free j act and deed of said municipal corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, t this the day and year in this my certificate first written. Notary Public for Oregon My commission expires: � �I �I I i r' Page 1 of 2 1 Right of Way Acquisition Description Exhibit "A" Ident. No. 6 A parcel of land in the S.W. 1/4 of the S.E. 1/4 of Section 1, T 2S, R1W, W.M., the city of Tigard, Washington County, Oregon, more particularly des- cribed as follows: Being that portion of the tract of land described in Book 262, Page 331, (Deed) of the Washington County, Oregon, records, (T.L. 200, Map 2S-1-1DC) which falls between a centerline and a line 30 feet westerly at right angles and parallel to said centerline, said centerline being described as follows: Beginning at a stone in a monument box at the easterly S.E. corner of the W.W. Graham D.L.C.; thence N 0053'23" E, 3850.61 feet to a 2-inch iron pipe a the N.E. corner of the W.W. Graham D.L.C. also being the Initial Point of the plat of "Hermosa Park" at the end of said centerline. 12/30/81 80.194.118 i Q Page 2 of 2 ' e at the N.E. 2" Iron Pip , pY Corner of the W.W. Graham , ( D.L.C. also the Initial I Point of the Plat of "HERMOSA PARK" 1 N t� S O Z 1 'D 1 O 0 O U S. W. FIR STREET r. I o M 40' � Z • w 1.20' w 1"= 50' Assessment Ident. No. 6. Scale:Date: 12/22/81 Tax Lot No. 200 M Ct Tax Map NO. 2S-1-1DC Owner: William George Dickoff I M and Margaret Dickoff E "n Deed Reference: Page 331 k 262, o Additonal Right of Way Contains Cn Z 1360 Square Feet more or less. r' 3 30' N t t ^130' i Additional Right of Way Stone in Monument Box at th C / Easterly S.E. Corner of the 20, i W.W. Graham D.L.C. 0 ASSOCIATES,ItACe RIGHT OF WAY ACQUISITION MAP Del'�BAAS LID No, 21 CONSULTING ENGINEERS &SURVEYORS OREGON ISoaI ea2-2450 C I-�Y OF T I GARD, Suite 445-AGC Center Ree.696.9195 9450S'W* 450S.W.Commerce Circle Witsonville.Oregon 97070 File N.). 80.194.118. Alan C. Bonebrake Circuit Court of Oregon 648-8686 Judge Washington County t. Twentieth Judicial District HILLSBORO. OREGON 97123 July 14 , 1982 Mr. Joe D. Bailey Mr. George E. Birnie Attorney at Law Attorney at Law 1516 Georgia-Pacific Bldg. American Bank Bldg. Portland, Or. 97204 Portland, Or. 97205 Re: City of Tigard vs. Paterson No. 42-368 Gentlemen: This is an action for declaratory judgment. A controversy has arisen between the parties as to whether Defendants may continue r collecting $150 connection fees. The controversy involves the interpretation to be given to the Contract between the parties, but more specifically it involves the meaning to be given to the word "amortize" as used in paragraph (1) d. of the contract. Although it is apparent that a controversy exists between the parties as to the appropriate construction to be given to the contract terms, both parties in their trial memos have argued that the contract terms are not vague. (Plaintiff' s trial memo, p.4 , Line 16, "The meaning of the contract of September 14, 1964 , is clear on its face. " Defendant's trial memo, p. 8, Line 22, "The contract is without ambiguity. ") If the parties are correct in their beliefs that the contract is "clear on its face" and "without ambiguity" one wonders why they are involved in a lawsuit. r I am of the opinion that Defendants must prevail in this matter. Although a reading of section (1) d. of the contract alone might lead one •to question the original intention of the parties, a reading of the entire contract places that provision in proper perspective and gives it a basis of interpretation. The use of the word "amortize" in paragraph (1)d. was intended only to explain or justify why Defendants were entitled to collect the connection fee. There is no limitation on the total amount which could be collected by the defendants either in paragraph (1) d. or in any other section of the contract. The contract is very specific on the methods by which Plaintiff might acquire ownership. Recapture by Defendants i i Mr. Bailey & Mr. Birnie -2- July 14 , 1982 of the initial investment through collection of connection fees was not one of them. During the trial, the Court heard testimony, produced by both parties, bearing on the issue of whether or not the scrivener of the contract, Mr. Anderson, was attorney for only the city or in fact both parties ' attorney in the negotiation and drafting. Apparently, Plaintiff argues that if the contract terms are vague then the Court ought not interpret against the Plaintiff and in favor of Defendant since both parties were represented by the same attorney. The evidence which the Court heard fails to support Plaintiff's contention. Counsel shall submit an appropriate order for the Court's signature declaring that under the terms of the contract and addendum Defendants shall be entitled to continue collecting the $150 per connection charge for so long as Defendants continue to own the sewer interceptor, and further, that Defendants are not at this time obligated to relinquish ownership to the city. V y yours, neb ake Circuit Court Judge- ACB:hc r CERTIFICATION OF TRANSCRIPT �- --- - I, DORIS HARTIG, hereby certify that I am the duly appointed, qualified, r and acting Recorder for the City of Tigard, Oregon. I further certify that I have compared the herewith copies with the originals in my possession as custodian of the official records of the City of Tigard, and that the herewith copies are true copies thereof. I further certify that I have attached a listing of the documents with corresponding page numbers. IN WITNESS WHEREOF, I have hereunto set my hand and seal of the City of Tigard this 20th day of July 1982. r Recorder - City of Tigard, Oregon ITEM PAGE NO. Council Minutes - 1-21-80 1-2 Council Minutes - 1-28-80 3-4 Council Minutes - 2-11-80 5 Resolution No. 80-07 6 Council Minutes - 3-24-80 7 Council Minutes - 4-14-80 8-10 Resolution No. 80-29 11 ( Council Minutes - 4-28-80 12 Council Minutes - 5-12-80 13 Letter From Dept. of Transportation 5-5-80 14 Council Minutes - 5-19-80 15 Council Minutes - 6-2-80 16 Memo Consultant Selection - 5-29-80 17 Council Minutes - 6-23-80 18 Resolution No. 80-55 19 Resolution No. 80-61 20 Council Minutes - 9-8-80 21 Letter from Sharp & Associates 22 Council Minutes - 9-22-80 23 Council Minutes - 10-13-80 24 Resolution no. 80-89 25 Reslution No. 80-94 26-28 Council Minutes 10-27-80 29 Council Minutes 12-8-80 30 Council Minutes 1-5-81 31-32 Council Minutes 1-19-81 33 Council Minutes 1-26-81 34 Council Minutes 2-9-81 35-38 Letters of Remonstrance for 2-9-81 Public Hearing 39-62 Ems Letter of Remonstrance 1-27-81 63-65 Weiss Letter of Remonstrance 1-29-81 66 Maksym Letter of Remonstrance 1-30-81 67 Southern Pacific Letter of Remonstrance 1-30-81 68 .Addendum - 72nd Avenue Intersection Agreement 2-80 69-71 Samack, Inc. Letter of Remonstrance 2-2-81 72-75 PAGE 1 CERTIFICATE FOR 72ND AVENUE LID TRANSCRIPT Petition - Rolling Hills Subdivision 2-28-81 76-78 LID Statement from 2-9-81 Public Hearing 79-83 Council Minutes - 3-2-81 84-87 Letter from Department of Transportation 3-13-81 88-89 Ted Nelson Company Letter of Remonstrance 3-18-81 90 First State Bank Letter of Remonstrance 3-18-81 91 Council Minutes - 3-23-81 92-93 LID Report - 3-4-81 94-96 Council Minutes - 3-30-81 97 LID Proposals 4-6-81 98-99 Council Minutes - 4-28-81 100 DeHaas Letter 5-18-81 101-103 Council Minutes - 5-22-81 104 Blount Letter - 5-8-81 105-107 Ginther Letter - 5-27-81 108-110 Waker Letter - 5-29-81 111-114 Greco Letter - 5-29-81 115-116 Blount Letter - 6-1-81 117-118 Sorg Letter - 6-1-81 119 Mayor Bishop Letter - 6-1-81 120-122 Council Minutes - 6-1-81 123-133 Council Minutes - 8-10-81 134 Council Minutes - 8-17-81 135 Council Minutes - 8-24-81 136 Council Minutes - 9-14-81 137-138 Agenda Item Summary 9-14-81 139-142 Agenda Item Summary 9-14-81 143 Resolution No. 81-103 144 COUNCIL MINUTES 1/11/82 145 COUNCIL MINUTES 1/18/82 146-148 LETTER - STATUS REPORT 149-156 CONTRACT DOCUMENTS FOR THE CONSTRUCTION 159 COUNCIL MINUTES 2/22/82 160 Y CONSULTANT MEMO 2/11/82 Financing 161-162 CONSULTANT MEMO 2/11/82 - Interim Financing 163-167 CONSULTANT MEMO 1/29/82 - Streets & Sewers 168-174 COUNCIL MINUTES 3/1/82 175 r: COUNCIL MINUTES 3/1/82 176 WALKER ASSOCIATES INC. MEMO 3/2/82 177-178 BIDDER's TABULATION SHEET 179-180 RESOLUTION No. 82-22 181-185 COUNCIL MINUTES 3/22/82 186-187 ORDINANCE NO. 82-13 188-191 ORDINNCE NO. 81-2 192-196 r ORDINANCE No. 81-45 197-199 ORDINANCE No. 81-2 (duplicate) 200-204 z. ORDINANCE No. 81-82 205 $ RESOLUTION NO. 82-22 206-210 , MEMO PUBLIC WORKS (Process Schedule) 211-212 - MEMO PUBLIC WORKS (Status and Process Discussion) 213 CONSULTANT MEMO 3/19/82 214 : ORDINANCE No. 81-98.1 215-227 LETTER DE HAAS & ASSOCIATES 3/16/82 228-230 INSTRUCTIONS TO BIDDERS 231-232 COST DISTRIBUTION CHART 233 LETTER M & J INVESTMENT CO. 3/22/82 234 I PAGE 2 i CERTIFICATE FOR 72ND AVENUE LID TRANSCRIPT LETTER FRANK CURRIE 3/19/82 L235-236 LETTER WASHINGTON COUNTY 3/23/82 237 238 LETTER GERALD T. HARPOLE, M.D 239 LETTER GUS & LORAINE GRECO 3/25/82 240 LETTER FOUGHT & COMPANY 3/2.5/82 241 LETTER ASSOCIATED COMPUTER SERVICES 3/25/82 242 LETTER JOHN TENNANT 3/26/82 243 LETTER JOHN TENNANT 3/26/82 244 t LETTER ANTHONY MAKSY 3/26/82 245 LETTER BEVERLY HURT 3/29/82 246 LETTER ROBERT R. GAGE 3/30/82 247 LETTER PAUL & LENORE WARNER 3/26/82 248 LETTER P and L MACHINE WORKS 3/26/82 249-253 COUNCIL MINUTES 3/29/82 254 LETTER SOUTHERN PACIFIC IND. DEV. CO. 255 LETTER SOUTHERN PACIFIC IND. DEV. CO. 256 FORM LETTER - FRANK CURRIE `57 LETTER DE HAAS & ASSOCIATES INC. 4/1/82 258 FORM LETTER - FRANK CURRIE (duplicate) 259 LETTER THOMAS M. TAYLOR 4/2/82 260 LETTER NORTHERN YARDS, INC. 4/2/82 261 LETTER NORTHERN YARDS, INC. 4/2/82 (duplicate) 262_263 LETTER WESTERN INTERNATIONAL PROPERTIES 4/2/82 264 LETTER WESTERN INTERNATIONAL PROPERTIES 8/28/81 265 LETTER FRANK CURRIE 8/18/81 266 LETTER WESTERN INTERNATIONAL PROPERTIES 8/13/81 267 LETTER JOHN HAGMAN 8/7/81 (Tech Center Bus. Park) 268_269 LETTER DAVID EVANS & ASSOCIATES 7/30/81 270 LETTER ASSOCIATED COMPUTER SERVICES 4/7/82 271 LETTER ASSOCIATED COMPUTER SERVICES 3/25/82 272-2°6) MEMO PUBLIC WORKS DIRECTOR (Assessment Distribution List) 297 LETTER LENORE WARNER 4/9/82 298-304 ORDINANCE No. 82-24 305-308 COUNCIL MINUTES 4/12/82 309-310 LETTER PAUL J. RASK 4/12/82 311-313 MEMO GINTHER ENGNEERING, INC. 5/27/81 314 LETTER TIMBER OPERATORS COUNCIL 4/12/82 315-316 LETTER WOODWORTH PROPERTIES INC. 4/14/82 317-321 pRE-ASSESSMENT METHODS 4/12/82 322 COUNCIL MINUTES 4/19/82 323-334 LETTER DE HAAS & ASSOCIATES 4/19/82 335-336 LETTER FRANK CURRIE 4/21/82 337-372 LETTERS OF REMONSTRANCE 5/3/82 PUBLIC HEARING 373-376 COUNCIL MINUTES 5/3/82 377-388 LETTER DE HAAS & ASSOCIATES 4/19/82 (duplicate) 389-391 LETTER WESTERN INTERNATIONAL PROPERTIES 5/32/82 392 Southern Pacific Letter 5-4-82 393 Petersen Letter - 5-82 394-395 DeHaas Letter 5-6-82 PAGE 3 CERTIFICATE FOR 72ND AVENUE LID TRANSCRIPT 396-408 Council Minutes 5-10--82 428-4 409-427 7 31 �- Ordinance No* 82_26-2- 80 (Duplicates) 432 Council Minutes 433-438 Timber Operators Letter 6-3-82 439-449 Resolution No. 82-53 450-455 Council Minutes - 6-14-82 456-467 Resolution No* 82-56621-82 468-472 Council Minutes82-69 473-478 Resolution No. 82-68 Resolution No. PAGE 4 CERTIFICATE FOR 72ND AVENUE LID TRANSCRIPT o o r► July 22, 1982 MEMORANDUM TO: Mayor and Council FROM: City Recorder L-." SUBJECT: LOC Convention Just a reminder for your calendars, League of Oregon Cities Convention is scheduled for November 7-9 in Eugene. C DH:lw ::Y pF� f TIGARD TOWN AND COUNTRY DAYS P.O.BOX 23881 D TIGARD,OREGON 97223 a tt�r� RECEIVED CITY OF FIGAHD i July 20 , 1982 y Doris Hartig City of Tigard 12755 SW Ash Tigard, Ore . 97223 i Dear Doris : Please accept this letter as acceptance by the Tigard Town and Country Days Committee of the obligations of the estimated $200 amount to fence the pasture east of the park access road to be + used for parking , and the $1800 share of the park wiring to be paid in installments of no less than $x+50 for four years begin- ning in 1982 . I would presume that the committee would be able to complete this obligation sooner than the four installment program, expecting that the city would not object . I also would like to thank the council , Frank Curie , and the public works department for their efforts on behalf of the Town and Country Days festival . The city ' s cooperation , during somewhat difficult times , has been most gratifying . Yours truly , 'TO 'N A U TRY DAYS COMMITTEE oe Schafer Chairman A NON-PROFIT ORGANIZATION WASHINGTON COUNTY 19 ADMINISTRATION BUILDING— 150 N. FIRST AVENUE N HILLSBORO, OREGON 97123 14 July 1982 DEPT.OF ASSESSMENT AND TAXATION BOARD OF COMMISSIONERS ROOM 105 VIRGINIA DAGG,Chairman 1503)W-8741 LYELL GARDNER,Vice Chairman JIM FISHER , t BONNIE L.HAYS \' LUCILLE WARREN 2982 Mr. Bob Jean, City Adm. City of Tigard P. O. Box 23397 Tigard, Oregon 97223 Dear Mr. Jean: You have requested an extension of time for the giving of notice of tax levy to August 17, 1982, for the Tigard Community Youth Services. ORS 310.060(3) provides for the Assessor to grant an extension of time for good and sufficient reason. Since the election is August 10th, your reason is reasonable and therefore an extension of time no later than August 17, 1982 is granted. Yours very truly, DEPARTMENT OF ASSESSMENT AND TAXATION Donald W. Mason, Director GciL,- s. Laurie N. Mala ministrative Division Manager cc: Local Budget Section Oregon Department of Revenue LNM/jw an equal opportunity emplo-yer 71 40 o A �c{ MEMORANDUM TO: Washington County Board of Commissioners , Washington County Planning Department and Community Planning Organization # 4 (CPO # 4) FROM: Tigard Neighborhood Planning Organization # 3 (NPU # 3) DATE: July 7, 1982 SUBJECT: Extension of SW Murray Blvd. or SW 135th Avenue The Washington County Planning Department is promoting the idea of a new road from SW Scholls Ferry Road to SW Gaarde and SW Pacific Highway as part of its Transportation Plan. The area transversed by this road is in both CPO # 4 and NPO # 3. This new proposed road would serve to connect traffic from Beaverton via SW Murray Blvd. to Tigard and beyond, via SW Gaarde to SW Pacific Highway; thus it would be an arterial roadway. This change of use of SW Gaarde from a collector in a residential neighborhood to an arterial roadway is in violation of NPO # 3 Comprehensive Plan. Also, the Tigard City Council has in the past voiced opposition to the increased traffic that would result on SW Pacific Highway. They have expressed preferance for a connection using a more southerly road, such as Beef Bend Road. We are especially concerned that NPO # 3 has not been consulted in the formulation of this proposed major roadway. Only through coordination can thoughful planning be achieved. Our meetings are held on the third Wednesday of every month at Tigard City Hall . Your response would appreciated. Clea NPO # 3 lam ./ cc: TigardCity it Council " Tigard Planning Commission LANDIS, AF-Bi & BAILEY, P. C. LAWYERS ` 1516 GEORGIA-PACIFIC BUILDING PORTLAND, OREGON 97204-1276 TELEPHONE(503)224-6532 ll DAVID C.LANDIS !! FRED M.AEBI JOE D.BAILEY JOHN C.MERCER p JAMES M.CALLAHAN July 19 , 1902 op ANNA M. MORAN DAVID R.FOSTER VICKI HOPMAN YATES Ms. Loreen Wilson City of Tigard P. O. Box 23397 Tigard, OR 97223 Dear Loreen: Tigard v. Paterson, et al I enclose a copy of Judge Bonebrake's July 14 letter ruling against us on the Paterson case. I think it is wrong, but it is the end of the line, and it was a close call at best, so if the City Council were to ask I would not favor appealing the result. You will want to see that the individual members of the Council have copies in the next packet, I am sure. Very truly yours, D. Bailey JDB/mr Enclosure MEMORANDUM i i TO: Dick Roberts, Bond Counsel r FROM: Doris Hartig, Finance Director SUBJECT: Series 14 Bond Sale Prospectus r DATE: July 20, 1982 Enclosed are copies of the prospectus, ordinance, and certificates for the bond sale which is scheduled for August 16, 1982. The Tigard City Council will consider adoption of the ordinance at their meeting on July 26, 1982. Please review and comment on the attached by Monday morning, the 26th. Also, if you have any questions, please feel free to call (639-4171). Thank you for your help. lw t. II INS I I f i DJB INC. 11515 S.W• 91ST AVENUE PORTLAND. OREGON 97223 U.S.A. o (503) 639-2900 �c JTFI'J 2.r — �� 26,. ?982�n � 28, 1982 S t The NasawLge raytxz and cz-4�j Ca . Tc� On eaa►z 97223 Rf: PZiiuLtea acute 28, 1982 - J.ten 10 a1- ljl inc�t�a O� 82-29 Sams -d .t.ua-c e .that .tJ--- £wAf"u1,� C&u ze dial izat mean •tah.Lng poo � out Of- .the C-4' and that thin wau ed have .tor conte AM .the !'J 3bundang C .on. SUGGEST CORRFLT301V TO READ.- [114z. EAD.[114z. Ba& •torte c,2au s e a✓ou& ovz.P�d flx2/ae •thy 10diruz .ee/-eatuxe ' and t,f"u ed na t chanq-e onV 4aunda�u. . T.hi a ufau td haue .to zome Amcm .the N Boundaiuj P eaz.e mane ,thud pa t t Dj- -the CLtrt o- Tzgazd zeco�c� t�at3, 3nc. G{fine L. Ba u Szc�-Tzeaes f 10. ORDINANCE No. 82-29 AN ORDINANCE SPECTiF'YXW THE ANNEIM 10N POLICY FOR V_AMODS %F UNINCORPORA7[ED LANDS WHICEL Aim WITHIN TIGARD'S URBAN t: PLANNING AREA, REPEALING ORDINANCE NO. 79-26, PRESCRIBING fit, AN EFFECTIVE DATE, AND DECLARING AN EMERGENCY. i (a) Geraldine L. Ball, representing DJB Inc., and herself, 11515 SW 91st j Avenue, Portland, Oregon 97223, read a letter addressed to Mayor and j Councilors with regards to Section 5. "Emergency Clause" within the s body of the ordinance- Mrs. Ball asked Council if this emergency clause " a would change the boundaries in any way of the City of Tigard., Legal Counsoi reassured Mrs. Ball this clause would only make the ordinance effective immediately and would not change any boundaries. (b) Second reading of Ordinance No. 82-29. (c) Motion by Councilor Brian, seconded by Councilor took to adopt. Approved by four to one vote, Councilor Scheckla voting nay- 11. ORDINANCE No. 82-32 AN ORDINANCE REGULATING THE USE OF ALARM SYSTEMS (a) Councilor Cook requested the applications be mailed to businesses; City Administrator reassured Council that the ordinance and application will be mailed. (b) Motion by Councilor Cook, seconded by Councilor Brian to adopt. ( Approved by unanimous vote of Council. 12. ORDINANCE No. 82-33 AN ORDINANCE FOR ADDITION TO CHAPTER 12 , TIGARD MUNICIPAL ~ CODE, RELATING TO SEWER CONNECTION SURCHARGE FEE IN LIEU OF ASSESSMENT FOR CONNECTION TO SANITARY SEWER WITHIN CITY LIMITS AND DECLARING AN EMERGENCY_ (a) Legal Counsel, Ed Sullivan, requested additional language und-rlined in Section one of the ordinance be amended to read as follows : t� The applicant for sewer connection to serve previously unassessed property ri or property which has not in any way previously contributed, either directly or indirectly to the construction of a public sewer line adjacent to abutting, running through or directly serving said property, . .... . � An amount per dwelling unit, as defined in the above mentioned contractural agreement with Unified Sewerage Agency, computed annually as the average dwelling unit cost for similar sewers serving similar properties for which assessments were charged during the previous two calendar years. The current surcharge, as of June 30, 1982, based upon typical projects for the two previous years shall be $3,000.00, in addition to hook-up fees. (b) J.B. Bishop, 10505 SW Barbur Blvd. , Su. 303, Portland, OR 97219, asked how this would affect properties previously developed. Legal Counsel r assured him that this ordinance would not have any effect onprevious 4 r developments. , Motion by Councilor Brian, seconded by Councilor Stialer to•adopt- ,� ' Approved by unanimous vote of Council. S _ 5 4 - REGULAR MEETING MINUTES - JUNE 28, 1982 •., �+�, •� �. ; ICf ' f J DJB INC. 11515 W.S W91ST AVENUE PORTLAND.OREGON 97223 U.S.A. p _ X5031 639-2900 JT,'1 2.1 - jzd-li 26, i 982 /'lectrng s";'e c_L�rn ec�c.or , t o ¢� �tuLe 28, 1982 The ffa -e Tcr�cird, a e,,.on 9%223 R£: rl uurtea ��u>c 28, 1982 - Jtem 10 a/- IZZw-t" a� 82-29 t 1v Td Su•F.Ei_t.,an ,to-ted .ttaiJ.e .J7•u .the F�zeAu�,e/tc�,f Chu a� d fL , o t rc c�rziz i`a�.i r s 1�� er t�� rxit v� .the rItrg ar- ' 4;lat rmccFr' hlure .to .cc-tE ✓wm Zs I`1jctA= -z-tczn LSoun�i:.u, (mz zips sLaa. s'X6F T CdPYi—C-T3(.YV 70 hF.-.17: 1 - q> [_,egILC CauIE&e-f- zap lue .".cd Ar/L8. CJOU.id -f„e tJLr L uliiu�rc A. t�!er_ticc ir�u<un_tef1� arouXd rzv= du2ji �.�a_r`ty� t-rJunLL .,Z-r'-5. Tf./L� c.rac Fd tzuL-,- -Lc !.cr—,- �/LLAZ tilE �i �(/ ':f./ ?:: ::U:UlL:!_,L;� 11l�ZJ2C S1>IlYf2� f'?,ezae izal,e tic i,-- zn t ofWiz^ �Jirt�: a, Ti c,-d t7%Cv, 3rLr- S ZX-e rJ-TA-e-aa. F • T �t i ,J 10. ORDINANCE No. 82-29 AN ORDINANCE SPECIFYING THE ANNEXATION POLICY FOR VARIOUS UNINCORPORATED LANDS WHIG ARE WITHIN TIGARD'S URBAN PLANNING AREA, REPEALING ORDINANCE NO. 79-26, PRESCRIBING AN EFFECTIVE DATE, AND DECLARING AN EMERGENCY. (a) Geraldine L. Ball, representing DJB Inc. , and herself, 11515 SW 91st Y Avenue, Portland, Oregon 97223, read a letter addressed to Mayor and - Councilors with regards to Section 5. "Emergency Clause" within the , body of the ordinance_ Mrs. Ball asked Council if this emergency clause would change the boundaries in any way of the City of Tigard. Legal Counsel reassured Mrs. Ball this clause would only make the ordinance effective immediately and would not change any boundaries. (b) Second reading of Ordinance No. 82-29. (c) Motion by Councilor Brian, seconded by Councilor Cook to adopt. Approved by four to one vote, Councilor Scheckla voting nay. ~ 11. ORDINANCE No. 82-32 AN ORDINANCE REGULATING THE USE OF ALARM SYSTEMS •;it t (a) Councilor Cook requested the applications be mailed to businesses, City ' Administrator reassured Council that the ordinance and application will be mailed. B (b) Motion by Councilor Cook, seconded by Councilor Brian to adopt. _ s Approved by unanimous vote of Council. 12. ORDINANCE No. 82-33 AN ORDINANCE FOR ADDITION TO CHAPTER 12 , TIGARD MUNICIPAL . s CODE, RELATING TO SEWER CONNECTION SURCHARGE FEE IN LIEU OF ASSESSMENT FOR CONNECTION TO SANITARY SEWER WITHIN CITY LIMITS AND DECLARING AN EMERGENCY. (a) Legal Counsel, Ed Sullivan, requested additional language underlined in Section one of the ordinance be amended to read as follows: } The applicant for sewer connection to serve previously unassessed property ti or property which has not in any way previously contributed, either directly A9 or indirectly to the construction of a public sewer line adjacent to 1. E abutting, running through or directly serving said property, . . ... . _ r Pn amount per dwelling unit, as defined in the above mentioned ;° contractural agreement with Unified Sewerage Agency, computed annually ' f as the average dwelling unit cost for similar sewers serving similar .=f _ properties for which assessments were charged during the previous two calendar years. The current surcharge, as of June 30, 1982, based upon typical projects for the two previous years shall be $3,000.00, in addition to hook-up fees. e (b) J.B. Bishop, 10505 SW Barbur Blvd., Su. 303, Portland, OR 97219, asked how this would affect properties previously developed. Legal Counsel .,. assured him that this ordinance would not have any effect on previous developments. a •(c) Motion by Councilor Brian, Seconded by 0ouncilor St3mler to adopt. Approved by unanimous vote of Council. 4 - REGULAR MEETING MINUTES JUNE 28, 1982 a fir. t\ N N A 04 r H t-+ z x C> ° H 41 O O -4 a) ul a1 14 V] co �•+ 00 :3 rr�- � 1 1 P �O Ln —4 G r -4 to A N pl., co C4 co 14 y O H °a..' �U+ z z A4 F-4'°`a Ow A4 cW.4 Z�w •�• ca o wz ca Cl gw o � aa) O OW al z � SOU cnx H 1lJ C' cd cid ." C7 x H P4 PC -1i ® P+ = P4 x P+ H H civ O >, O In O O P4 F-I-1 .� o J olxa c II C;? a CD P4 � w � M 4 14 UO W 0 nU ^ 0= P4 If::) n � d 00 1� M r-4C N —4 U OU cu N co a1 CO rn .-+ cn Ln H Pa x I. G ^� .O =*t CW.7 7+ t.+ AF' Q a w z > w aX4 c`au v� z 4W z -4 z � � W H .Ui 3 A (• 11 U c0 c0 � 7+ a c0 � co : co v6 ax Pax w A ax wP+ E x co • Co O 4 o >, o a o a +� ri iii cn -WM . cn 4-1cnI-) M $4 O N . .a . .rI 14 M Pa '� N N I CD O zOx _• G 4 LQ z " 9 C) t O tj 3 U W o P4 wP.4 z 4w 4 r` zCO cn O n cn a O d cn 1 ac a x x cn x w *x a w ac a x Co H rl Co O H a1 7 H H � N a M E- 4 W x U a ca H . ti 7 a, 13 as o co z a L .Q' G 10 CL4 4 cc w t4 p 04v o 4 x A 0 o IQ u S (�I 3 H z +-) • o O .aF4 z z O n w � � OD Ln N 6t e-1 N N 3 �• W H P+ DOCUMENT SUMMARY Document Id: 0108A Document Name: PROSPECTUS - BANCROFTS Operator: LOREEN WILSON Author: LOREEN WILSON Comments: BOND SALE # 14 STATISTICS OPERATION DATE TIME WORKTIME KEYSTROKES Created 07/16/82 18:16 4:40 26583 Last Revised 07/19/82 16:29 :52 1260 Last Printed 07/20/82 12:03 Last Archived 07/17/82 14:33 onto Diskette 0002A Total Pages: 15 Total Worktime: 5:58 Total Lines: 484 Total Keystrokes: 28806 Pages to be printed 15 CITY OF TIGARD COUNTY OF WASHINGTON, STATE OF OREGON GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 14 $184,664.35 SALE DATE: August 16, 1982 t SALE TIME: 4:00 P.M. i BID OPENING PLACE: Ragen, Roberts, O'Scannlain, Robertson & Neill, Bond Counsel's Office, 1001 S.W. Fifth Avenue, Portland, Oregon 97204 F CONTACT PERSON: Doris Hartig, Finance Director Tigard City Hall 12755 S.W. Ash Avenue Tigard, Oregon 97223 (503) 639-4171 k E BOND COUNSEL: Ragen, Roberts, O'Scannlain, Robertson & Neill, Portland, Oregon y �V RATING: No rating has been applied for Interest on the bonds, in the opinion of Bond Counsel, is exempt from taxation by the United States under present Federal income tax laws and from personal income taxation by the State of Oregon under present state law. MISSION CITY OF TIGARD COUNTY OF WASHINGTON, STATE OF OREGON GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 14 TABLE OF CONTENTS PAGE # Map of City, General Location 1 Council, Administration, Consultants 2 Official Notice of Bond Sale 3 Authorization, Security, Project, Debt 6 Bonded Debt Ratios, Property Tax Collection 7 Property Tax Issues, Top Taxpayers 8 Estimated Overlapping General Obligation Debt 9 Schedule of Future Debt Service Requirements 10 Community Profile, Services, Population 11 Economics of Area, Labor Force, Housing 12 Building Permits, Personal Income, Retail Trade 13 Appendix - 1981 Audit Report M 1111 11101 will The information contained in this Official Statement has been obtained from various data obtained from many different sources as will be noted throughout the packet. No representation or warranty is made as to the accuracy or completeness of such information, and nothing contained in this Official Statement is, or shall be relied on as a promise or representation by the City, except as stated in the Notice of Bond Sale. This Official Statement is submitted in connection with the sale of the City's bonds in accordance with Oregon Revised Statutes Chapter 287.018. The delivery of this Official Statement at any time does not imply that information herein is correct as of any time subsequent to its date. Further information may be obtained from Doris Hartig, Finance Director, Tigard City Hall, 12755 SW Ash Avenue, Tigard, Oregon 97223, (503) 639-4171. - 1 - I CITY OF TIGARD, OREGON CITY COUNCIL Term Expires Mayor Wilbur A. Bishop January 1, 1983 Councilor Kenneth Scheckla January 1, 1985 Councilor John E. Cook January 1, 1985 Councilor Nancie Stimler January 1, 1983 Councilor Tom Brian January 1, 1983 j ADMINISTRATION Robert W. Jean, City Admnistrator i Doris Hartig, Finance Director/City Recorder CITY'S LEGAL COUNSEL Edward J. Sullivan O'Donnell, Sullivan & Ramis 1727 N.W. Hoyt Portland, Oregon 97209 (503) 222-4402 E BOND COUNSEL Ragen, Roberts, O'Scannlain, Robertson & Neill Portland, Oregon fi w f i i i 2 - OFFICIAL NOTICE OF BOND SALE $184,664.35 CITY OF TIGARD WASHINGTON COUNTY STATE OF OREGON GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES NO. 14 Notice is hereby given that sealed bids will be received on behalf of the City of Tigard, Washington County, Oregon, until 4:00 o'clock P.M. (Prevailing Daylight Savings Time) on August 16, 1982, at Bond Counsel's office - Ragen, Roberts, O'Scannlain, Robertson & Neill, 1001 SW Fifth Avenue, Portland, Oregon, 97204 - at which time they will be publicly opened and announced. The bids shall be considered and acted upon by the City Council at its meeting i to be held on August 16, 1982 commencing at 7:30 o'clock P.M. (Prevailing Daylight Savings Time). i ISSUE: One Hundred Eighty Four Thousand Six Hundred Sixty Four Dollars and Thirty Five Cents ($184,664.35) consisting of thirty-seven (37) coupon bonds in denominations of FIVE THOUSAND DOLLARS ($5,000), except bond number One in E the amount of $4,664.35, all dated August 1, 1982. f INTEREST RATE: Maximum not to exceed a net effective rate of thirteen percent (13%) per annum, the first interest payment due on June 1, 1983 and semiannually thereafter on June 1 and December 1 of each year. Bidders must specify the interest rate or rates which the bonds hereby offered for sale shall bear. The bids shall comply with the following conditions: (1) Each interest rate specified in any bid must be in multiples of 1/8th or 1/20th of F one percent (1%); (2) No bond shall bear more than one rate of interest, no interest payment shall be evidenced by more than one coupon, and supplemental coupons will not be permitted; (3) Each bond shall bear interest from its date to its stated maturity date at the interest rate specified in the bonds; (4) All bonds maturing at any one time shall bear the same rate of interest; (5) The difference between the highest and lowest rates bid shall not exceed two percent (2%). t MATURITIES: The bonds shall mature serially in numerical order on the first day of December in each of the years as follows: BOND NO. MATURITY DATE AMOUNT 1 December 1, 1983 $ 4,664.35 F 2 December 1, 1984 $ 5,000.00 { 3 December 1, 1985 $ 5,000.00 4-5 December 1, 1986 $10,000.00 6-7 December 1, 1987 $10,000.00 8-9 December 1, 1988 $10,000.00 10-11 December 1, 1989 $10,000.00 12-13 December 1, 1990 $10,000.00 14-15 December 1, 1991 $10,000.00 16-17 December 1, 1992 $10,000.00 18-19 December 1, 1993 $10,000.00 - 3 - BOND NO. MATURITY DATE AMOUNT 20--21 December 1, 1994 $10,000.00 22-23 December 1, 1995 $10,000.00 24-25 December 1, 1996 $10,000.00 26-27 December 1, 1997 $10,000.00 28-29 December 1, 1998 $10,000.00 30-31 December 1, 1999 $10,000.00 32-33 December 1, 2000 $10,000.00 34-35 December 1, 2001 $10,000.00 36-37 December 1, 2002 $10,000.00 REGISTRATION: The bonds will be issued in bearer form with no option for registration. PAYMENT: Principal and interest are payable in lawful money of the United States at the office of the Treasurer, City of Tigard, City Hall, Tigard, Oregon 97223. PURPOSE: The bonds are issued to provide funds for sewers. SECURITY: The City has assessed the cost of public improvements to benefited properties and all monies collected therefrom shall be placed in the Bancroft Redemption Fund and applied to the payment of principal and interest on these bonds. The bonds are also general obligations of the City. The City has covenated to levy an ad valorem tax annually as required to pay bond principal and interest as they respectively come due. LEGAL OPINION: The approving opinion of Ragen, Roberts, O'Scannlain, Robertson & Neill, Attorneys at Law, of Portand, Oregon will be provided at no cost to the purchaser, and will be printed on the bonds at the expense of the City. TAX EXEMPT STATUS: Interest on the bonds, in the opinion of Bond Counsel, is exempt from taxation by the United States under present federal income tax laws and personal income taxation by the State of Oregon under present state law. BEST BID: The bonds will be awarded to the responsible bidder whose proposal will result in the lowest net cost to the City. The successful bid will be determined by computing the total amount of interest which the City would be required to pay from the date of each bond to its respective maturity date at the coupon rate or rates specified in the bid assuming no bonds are called prior to maturity, less premium offered, if any. Bidders are requested to supply the total interest costs and net effective interest rate, based upon the aggregate interest cost, if its bid be accepted, that the City will pay upon the issue if the bid is accepted. Such information shall be considered as informative only. The purchaser must pay accrued interest, computed on a 360-day basis, from the date of the bonds to the date of delivery. The cost of printing the bonds will be borne by the City. DELIVERY: Delivery of the bonds will be made without cost to the successful bidder at such bank in the City of Portland, Oregon, as the successful bidder shall name. Payment for the bonds must be made in funds immediately available to the City. Delivery will be made within thirty (30) days. - 4 - FORM OF BID: All bids must be for not less than all the bonds hereby offered for sale, and for not less than one hundred percent (100%) of the par value thereof and accrued interest to the date of delivery. Each bid together with { bidder's check as herein specified must be enclosed in a sealed envelope addressed to the City and designated "Proposal for Bonds". BID CHECK: All bids must be unconditional and accompanied by a certified or cashier's check on a bank doing business in the State of Oregon for Three Thousand Six Hundred Ninety Three Dollars and Twenty Eight Cents ($3,693.28) payable to the order of the City to secure the City from any loss resulting from the failure of the bidder to comply with the terms of its bid. Checks will be forfeited to the City as liquidated damages in case the bidder to whom the binds are awarded shall withdraw its bid or fail to complete its purchase in accordance with the terms thereof. No interest shall be allowed on the deposit but the check of the successful bidder will be retained as part payment of the bonds or for liquidated damages as described above. Checks of the unsuccessful bidders will be returned by the City promptly after award of i bid. RIGHT OF REJECTION: The City reserves the right to reject any or all bids and to waive any irregularity. OFFICIAL STATEMENT: The City has prepared an official statement relating to the bonds, a copy of which will be furnished upon request to the undersigned. CUSIP: CUSIP numbers will be imprinted upon all bonds of this issue at the purchaser's request and expense. An improperly imprinted number will not constitute basis for the purchaser to refuse to accept delivery. NO LITIGATION: At the time of payment for the delivery of said bonds, the City will furnish the successful bidder a certificate that there is no litigation pending affecting the validity of the bonds. ADDITIONAL INFORMATION: Additional information regarding the City and this sale may be obtained from Doris Hartig, City Recorder, City Hall, 12755 SW Ash Avenue, Tigard, Oregon 972239 (503) 639-4171. Doris Harti Finance Director City Recorder City of Tigard, Oregon 5 - CITY OF TIGARD WASHINGTON COUNTY, OREGON GENERAL OBLIGATION IMPROVEMENT BONDS SERIES 14 AUTHORIZATION: ORS Chapter 223.205 authorizes cities to issue general obligation improvement bonds. The City Council adopted Ordinance No. 82- on July 26, 1982 providing for the issuance and sale of $184,664.35 in general obligation improvement bonds. SECURITY: The City has levied assessments on all property within the improvement districts. Signed agreements to pay the assessments under Bancroft Bond financing have been obtained from the legal property owners who applied for the Bancroft Bond financing. To the extent that assessment revenue is insufficient to meet debt service, the City may levy an ad valorem tax without limitation as to rate or amount. LITIGATION: There is currently no litigation of any kind or nature now pending or threatened enjoining the issuance or sale of bonds, or the levy and collection of taxes to pay the interest on or principal of the bonds. PROJECT DESCRIPTION: Sewer improvements have been constructed in response to requests by residents. Proceeds of the bond sale will go to redeem warrants outstanding in the above Local Improvement Districts for which applications have been filed with the City Recorder for Bancroft Bond financing. S.W. Hillview Street Improvement District - Sewer Improvements # 19 S.W. Knoll Drive Improvement District - Sewer Improvements # 26 S.W. McDonald Street Improvement District - Sewer Improvements # 25 ALLOCATION OF PROCEEDS: S.W. Hillview Street Improvement District - Sewer Improvements $ 16,015.80 S.W. Knoll Drive Improvement District - Sewer Improvements $14262385.07 S.W. McDonald Street Improvement District - Sewer Improvements 184263.48 664.35 TOTAL DEBT LIMIT: These bonds shall not be deemed or taken to be within any part of the limitation by law as to he indebtedness of the City other than the limitation imposed upon the issuance of improvement bonds, ORS 223.295. DEBT PAYMENT RECORD: The City has always met principal and interest on all general obligation bonds and general obligation improvement bonds when due. 1 - 6 - OUTSTANDING DEBT: (as of June 30, 1982) Total Amount Sources of Type, Purpose & Outstanding as of Dates of ! Date Above Sales Payment Number of Issues o General Obligation Bonds $ -0- o Bancroft Bonds 529,795.00 05-01-75 Assessments 08-01-75 Assessments 11-01-79 Assessments 11-01-81 Assessments o Proposed Issue 184,162.85 08-23-82 Assessments Bancroft Bonds o Gross Debt Including Proposed Issue 713,957.85 o Less Bancroft Bonds (713,957.85) o Net Direct Debt -0- i AUTHORIZED DEBT NOT ISSUED: None. 1 OTHER DEBT: The City has no Revenue Bonds or Tax Allocation Bonds outstanding, but short-term warrants on current Local Improvement Districts in i the amount of $670,312.01 as of June 30, 1982. $185,043.94 of this amount t will be partially paid from the proceeds of this bond sale. 4 4 E FUTURE PLANS: To issue Bancroft Bonds for Local Improvement Districts as required. i BONDED DEBT RATIOS: F 4 18,656,221 1. Total Net Direct & Overlapping Debt as of 6/30/82 $628,766,800 2. True Cash Value (Assessed Value) as of 1981-82 $6 3. Ratio Net Direct Debt To Trig Cash Value uTrue Cash Value 0% 4. Ratio Net Direct & Overlapping 159100 5. Estimated Population as of 6/30/82 $-0- 6. Per Capita Net Direct Debt $ 1,235.51 7. Per Capita Net Direct & Overlapping Debt $41,640.19 8. Per Capita Assessed Value �. PROPERTY TAX COLLECTION RECORD: % Collected Assessed Total Tax Levy Rate/ Amount* as of Year Valuation Levy $1,000 Collected 3/24/82 'r_- w i 1981-82 628,767,600 742,382 1.19 X108,743 58.0 1980-81 $490,359,257 $289,430 .59 $261,987 90.5% 1979-80 $420,475,002 $264,370 .63 $234,342 88.6% 1978-79 $325,258,171 $218,221 .69 4198,140 90.8% 1977-78 $266,097,883 $188,227 .71 $161,653 85.9% * Expressed in millions of dollars. ** Estimate Source: Washington County Department of Assessment & Taxation & City of Tigard Finance Department. 7 - Mil' lillllil 1111511111110 ; PROPERTY TAX ISSUES: The City of Tigard has passed a new tax base at the November, 1980 election which was effective July 1, 1981 in the amount of $562,098. The Tigard School District No. 23-J has consistently passed operation levies and in 1980 passed a tax base in the amount of $14,139,358. i The City of Tigard passed 1 levy for Tigard Loaves and Fishes in the amount of $12,500 in 1982. In 1981, the City passed a 2 year Bikepath Improvement Levy for $200,000. There is one taxing period left for this levy. On August 10, 1982, the City of Tigard will submit to the voters a 1 year levy proposal for Tigard Community Youth Services in the amount of $66,311. l TOP TEN TAXPAYERS IN WASHINGTON COUNTY: ASSESSED VALUE s I. Tektronix $161,721,500 I 2. General Telephone Company, N.W. 115,003,300 3. Portland General Electric Company 67,081,100 4. Robert Randall Company 52,272,100 5. Northwest Natural Gas 31,185,700 6. Winmar Pacific 30,278,100 7. C. E. Bernard 24,129,100 8. Tualatin Development Company 19,921,500 9. Stimson Lumber and Forest Fiber 18,252,700 10. Pacific Northwest Bell 14,489,300 Source: Oregon Municipal Debt Advisory Commission, 1981 TOP TEN TAXPAYERS IN CITY OF TIGARD: ASSESSED VALUE 1. Pac. Realty Trust (Oregon Ind. Park) $ 11,276,400 2. Tualatin Development Corporation 6,626,900 3. F.I.G. Holding Company 5,447,900 4. Lincoln Savings & Loan 4,477,100 5. Joseph M. Fought, et al 3,435,800 E 6. Hoffman & Hoffman Hill Top Estates 2,984,300 7. Duane Company (Fred Meyer) 2,788,700 8. Portland Fixture Company 2,766,100 9. Fringe Land Ore. Ltd. 2,599,900 10. Western Foundry 2,521,100 Source: Washington County Department of Taxation, 1981 t F l i i i 8 — H +� Pq n W W A H A W W u N U I 1 I I n t 1 1 I I 1 I 1 I p4 ►-i Z 0 0 0 0 O 0 0 0 0 0 0 0 0 W H 1 1 1 1 0 1 I I I i I I i I x E-4 N to O -O � .z. -W-:�ear-G,-be,-M-Vs -W.J.-esu est-tf.�-&3.-6-J.-va pq b0 H O 00 N O %.D O N O r1 ON M C U O N tb ri Ur1 N trl O �D r1 m 4 %0 I I Ln N .7 O r1 O ON ^C`1 r♦ I 1+ H is O O O O` D O- 01 r- M O O A D I I ID r-j 00 N ID r-i M .-1 O U% I C1 H Cl) ri O r♦ N -4 v1 Cl) r-1 r-1 H CO O z A N i�3-64-61?-i'1 fR-4%if3-GR-d3 i/1-H3-H3 b4 CI w cn m O O O O %0 O N O r-i rn M W W O 7 00 r1 Ln N Ln (D �D .-4 ON v) r♦ U1 cr) -i O O% w M -4 I .z A O O O r-i cr �Y �Y' Q` �D O+ O+ n M O O w O M W %D 1 I C% M 00 N 1�0ri M r1 O Lr) 1 pq N w r -4 to 2 M i N ra Ln M i ra 41 'T U N PQ bP,-M-G&!R if!-b-t-M•d?-63-03-M i'Pi-6%-M 10+ d' ~ U to 00 00 z CO O N pq 04 HR� " \ 3�2 e�C' e1�' \ �° \ d� rr' \ \ \ ate° 10 ,z Ci O -t O -7 N ON ID O m O Y' 00 N Ln q W W ►-1 N --7 ri O N -7 N N N O1 tr) in -:rr-I O y Q p� W N N M O1 r 1 O r� O �D O N �Y . 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The City is located in the southeasterly portion of Washington County, State of Oregon, west of Interstate 5 Freeway and North of the Tualatin River. The area is considered a high valued residential district with diversified light industry. Because of the diversified industry and close proximity to the City of Portland, we do not anticipate any unusual economic problems. COMMUNITY SERVICES: Water Sewer Service: City of Tigard receives its water supply from the Tigard Water District and the Metzger Water District. Sewer is provided by the Unified Sewerage Agency via the Durham Treatment Plant. Fire Protection: Tigard is served by two fire protection districts. Tualatin Rural Fire Protection District provides full time fire protection, a rescue unit with full life supports. Washington County Rural Fire Protection District #1 offers a full fire protection service. Both districts offer property owners a fire insurance rating of Class 3. Police: The City of Tigard has a 29 member Police Department which offers full time police protection, which includes 24 hour per day/7 day a week patrol service with investigative support, canine division support, and secretarial and communication support. Other City Services: The City of Tigard employs (as of 6-30-82) 72 full time persons who administer the sewer system, park maintenance, park development, library, planning, administration, building inspection, police, engineering and accounting. The City also employs 3 part time persons. All Other Utilities: Any other utilities, i.e. electricity, gas, telephone, cable, and sanitation, are privately owned. POPULATION: Year Population Percent Increase 1962 1,804 -0- 1970 6,300 249.22% 1975 10,085 60.08% 1980 14,690 45.66% 1982 17,244 17.39% Source: Center for Population Research, Portland State University POPULATION PROJECTIONS: Year Population 1985 24,108 1990 27,710 2000 32,000 Source: CRAG 208 Plan - 1978 - Data Collected By Census Tract POPULATION: Washington County: Year Population Percent Increase 1950 61,269 -0- 1960 92,237 50.54% 1970 157,920 71.21% 1980 245,000 55.14% L 1981 253,800 3.23% Source: Center for Population Research, Portland State University - 11 - ECONOMICS OF AREA: Transportation: In addition to the major freeway of I-5 in the City of Tigard, rail service is prnvided from Portland to all major cities in the Unitied States. Rail service is provided to Tigard by Burlington Northern Railroad and Southern Pacific Railroad. Air service is provided by the Port of Portland who operates the Portland International Airport, 17 miles northeast of Portland. This airport is served by eight scheduled airlines. The Port also operates a general aviation airport approximately 15 miles south of Tigard at Aurora and 14 miles northwest of Tigard at Hillsboro. Shipping: The Port of Portland maintains shipping facilities on the Willamette and Columbia Rivers which is 12 miles from the City of Tigard. LABOR FORCE AND PRINCIPAL EMPLOYERS: The leading industries are electronics, machinery, food processing, photographic and optical goods, and lumber and wood products. Firms with more than 50 employees in the City are: Circle SW Products Co. Irvington-Moore Coe Manufacturing Co. Nelson Company, Ted Columbia Hardwood R.T.E. Corporation Fought & Company Siemens-Allis, Inc. Georgia-Pacific Corp. Western Foundry Company Source: 1980-81 Directory of Oregon Manufacturers Portland SMSA Labor Force Data: 1981 1980 1979 Civilian Labor Force 636,600 618,400 591,800 Employment 587,600 577,400 561,600 Unemployment 49,000 41,000 30,200 Percent 7.7% 6.6% 5.1% Source: State of Oregon Employment Division AREA POPULATION: 1980 1960 1940 Washington County 245,633 92,237 39,194 Portland SMSA 1,235,632 821,897 501,275 Source: Center for Population Research, Portland State University HOUSING: (as of 1981) Type of Unit # of Units Population Ave. House Size Single Family 4,193 8,818 2.71490 Multiple Family 2,884 6,055 2.09951 Mobil Homes 107 227 2.12149 TOTAL 7,184 15,100 2.10189* *denotes averages Source: Portland State University, Center for Population Research - 12 - VALUE OF BUILDING PERMITS ISSUED IN THE CITY: Year 1977 1978 1979 1980 1981 Valuation $19,443,632 $29,229,066 $34,617,982 $26,499,967 $23,342,998 # of Permits 418 428 344 314 450 Source: City of Tigard Building Department TRUE CASH VALUE (ASSESSED VALUE IN MILLIONS) : Year 1977-78 1978-79 1979-80 1980-81 1981-82 Amount 254.3 268.3 378.8 466.1 628.8 Source: City of Tigard Recorder's Office WASHINGTON COUNTY BUILDING PERMITS: (Total of Single and Multiple Family Units) Year Number of Permits Valuation 1977 2,287 107,666,510 1978 1,825 $127,813,013 1979 1,209 $ 94,120,466 1980 2,546 $ 86,251,757 1981 1,217 $ 43,006,557 Source: Washington County, Building Permit Section PERSONAL INCOME: Total Personal Income Annual Per Capita Personal Annual (expressed in mill.) Growth Income Growth 1970 1978 Rate 1970 1978 Rate Washington County 647 1,961 14.877. $4,066 $9,075 10.56% Portland SMSA $4,209 $10,420 12.00% $4,167 $9,140 10.32% Oregon $7,722 $19,736 12.45% $3,677 $8,076 10.33% Source: US Department of Commerce; Bureau of Economic Analysis BANKING: DEPOSIT AND LOAN TOTALS (Expressed In Thousands): Deposits Loans Area 1970 1980 1970 1980 Washington County $ 199,219 $ 753,037 $ 100,875 $ 367,905 Portland SMSA $2,175,332 $ 7,444,083 $1,563,271 $5,847,096 Oregon $4,327,985 $13,6627506 $2,694,971 $9,217,799 Source: Oregon State Department of Commerce, Banking Division RETAIL TRADE (Expressed In Thousands) : 197'1 1977 Area # of Firms Sales # of Firms Sales Washington County 1,451 377,041 1,629 936,066 Portland SMSA 9,532 $2,569,102 9,274 $4,516,528 Oregon 22,595 $5,190,581 22,788 $9,347,998 Source: US Department of Commerce - Census of Retail Trade 1972-1977 - 13 - RECORDER'S CERTIFICATE REGARDING IMPROVEMENT BONDS SERIES NO. 14 STATE OF OREGON ) County of Washington)ss. City of Tigard ) I, DORIS HARTIG, do hereby certify that: 1. I am the duly appointed, qualified and acting Recorder of the City of Tigard, Washington County, Oregon. 2. I am the custodian of the records and documents of the City, particularly as they relate to the making of certain improvements within the City, the levying of the costs thereof against benefited properties, and the applications to pay levied assessments in installments, pursuant to the Bancroft Bonding Act of the State of Oregon. 3. The applications to pay assessments in installments in accordance with the provisions of ORS 223.205 to 223.300, inclusive, commonly known as the "Bancroft forth in Exhibit "A" hereto attached and by this Bonding Act", are in the form set d applications were filed by the owners of property reference made a part hereof; an ard local improvement districts numbered and described assessed in the City of Tig as follows: District No. Name of District Amount 26 Knoll Drive Sewer LID $ 26,385.07 19 Hillview Sewer Lid 162015.80 25 McDonald Sewer LID 142,263.48 TOTAL $184,664.35 4. The total aggregate amount of applications was $1842664.35 of which $184,664.35 remains unpaid; no application was received wherein the amount of the assessments therein set forth together with any previous unpaid assessment or improvement lien against the same property equaled or exceeded twice the assessed valuation of said property as shown by the last tax roll in Washington County, Oregon, and no application has been received for less than $25.00. 5. No litigation has been had, is pending, or is threatened relating to or concerned with the levy of any of the assessments upon which the above applications have been received or the title of any city officer. Recorder of the City of Tigard, Oregon SUBSCRIBED AND SWORN to before me this day of July, 1982. Notary Public for Oregon My Commission expires: t RECORDER'S CERTIFICATE REGARDING IMPROVEMENT BONDS SERIES NO. 14 f STATE OF OREGON ) County of Washington)ss. City of Tigard ) I, DORIS HARTIG, do hereby certify that: 1. I am the duly appointed, qualified and acting Recorder of the City of Tigard, Washington County, Oregon. 2. I am the custodian of the records and documents of the City, particularly as they relate to the making of certain improvements within the City, the levying } of the costs thereof against benefited properties, and the applications to pay levied assessments in installments, pursuant to the Bancroft Bonding Act of the State of Oregon. 3. The applications to pay assessments in installments in accordance with the S' provisions of ORS 223.205 to 223.300, inclusive, commonly known r_s the "Bancroft Bonding Act", are in the form set forth in Exhibit "A" hereto at"�acned and by this reference made a part hereof; and applications were filed by the owners of property assessed in the City of Tigard local improvement districts numbered and described as follows: t District No. Name of District Amount 26 Knoll Drive Sewer LID $26,385.07 c 19 Hillview Sewer LID 16,015.80 25 McDonald Sewer LID 142,263.48 Total $184,664.35 4. The total aggregate amount of applications was $184,664.35 of which $184,664: remains unpaid;no application was received wherein the amount of the as ments therein set forth together with any previous unpaid assessment or improvement lien against the same property equaled or exceeded twice the assessed valuation of said property as shown by the last tax roll in Washington County,Oregon, and no application has been received for less than $25.00. 5. No litigation has been had, is pending, or is threatened relating to or concerned with the levy of any of the assessments upon which the above applications have been received or the title of any city officer. Recorder of the City of Tigard, Oregon SUBSCRIBED AND SWORN to before me this day of duly, 1982. Notary Public for Oregon My Commission expires: a TREASURER'S CERTIFICATE OF INDEBTEDNESS STATE OF OREGON ) ss. County of Washington) I, Doris Hartig, being first duly sworn on oath depose and say that: I am the duly appointed, qualified and acting Treasurer (or fiscal officer) of the City of Tigard, Oregon. In my capacity as Treasurer, I have the care, custody and control of the official financial records of the City. The following schedules are a true and complete record of the outstanding indebtedness of the City of Tigard, Oregon, as of July 26, 1982. CITY OF TIGARD, OREGON Bond Maturity Schedule of Bancroft, General Obligation and Revenue Bonds Year of Principal Maturity Bancroft Bonds Outstanding r May, 1985 Bancroft #10 - Sewer $ 6,000. i August, 1994 Bancroft #11 - Street 39,000. November, 1989 Bancroft 912 - Street 110,000. November, 1991 Bancroft #13 - Str. & Sewer 374,795. TOTAL $529,795. Treasurer, City of Tigard, Oregon SUBSCRIBED AND SWORN to before me this day of July, 1982. Notary Public for Oregon My Commission Expires: CHECK LIST . . . . . . . KNOLL DRIVE LOCAL IMPROVEMENT DISTRICT (L.I.D.) NO. #26 Description: Date ( i. Petition filed 12-15-80 2. Petition approved by Council 12-22-80 3. Notice of Intention - Resolution by Council creating assessment Res. 81-50 district A. Declare purpose of improvement Probable Cost Describing boundaries of district to be benefited Direct publication of notice (publish at least twice, first publication not less than 10 days prior to time all interested persons may present their objection to improvements, notice to specify time and place of public hearing) B. Minutes of Council where resolution passed. 5-11-81 4. Affidavit publication of hearing notice - Tigard Times published 5-21-81 & 5-28-81 5. Remonstrance - Within ten days from date of first publication of notice 66 2/3% of owners may file a written remonstrance or objection against project and such objection shall be a bar to further proceedings for a period of six months unless 2 of property owners subsequently petition therefore. Hearing Date 6-8-81 6. Minutes of hearing - list of objectors 6-8-81 7. Ordering Improvement - adoption of Ordinance No. 81-42 6-8-81 Amended by Ordinance #81-64 7-13-81 8. Bids - Approve and call for bids - bid opening 7-27-81 A. Publish 2 consecutive weeks, first publication shall be not less than 10 days prior to date of opening of said bids Published Tigard Times 7-16-81 & 7-21-81 9. Affidavit, publication notice to contractors - official paper Daily Journal of Commerce, published 7-16-81 & 7-20-81 10. Affidavit, publication notice to contractors - trade paper Tigard Times - filed 7-24-82 Daily Journal of Commerce - filed 7-30-82 11. Minutes showing receipt and list of construction. bids 7-27-81 12. Minutes awarding contract 8-10-81 13. Assessments - Notice to property owners of proposed assessment and set date by which time objections may be fixed. 2-26-82 14. Adoption of ordinance approving assessment against properties. . Ord. No. 82-15 15. Minutes of assessment hearing and adoption of ordinance. 4-12-82 NOTE TO FILE: All property owners signed Bancroft applications. Total Amount Assessed $26,385.07 CHECK LIST HILLVIEW SEWER LOCAL IMPROVEMENT DISTRICT (L.I.D.) NO. #19 r Description: Date 1. Petition filed 3-10-80 2. Petition approved by Council 3-24-80 3. Notice of Intention - Resolution by Council creating assessment district Res. 80-45 A. Declare purpose of improvement Probable Cost Describing boundaries of district to be benefited Direct publication of notice (publish at least twice, first publication not less than 10 days prior to time all interested persons may present their objection to improvements, notice to specify time and place of public hearing) 6-9-80 B. Minutes of Council where resolution passed 6-9-80 4. Affidavit publication of hearing notice - Tigard Times 6-13-80 & 6-18-80 5. Affidavit of mailing list of hearing 6-12-80 6. Remonstrance - Within ten days from date of first publication of notice 66 2/3% of owners may file a written remonstrance or objection against project and such objection shall be a bar to further proceedings for a period of six months unless , of property owners subsequently petition. Hearing Date 6-23-80 7. Minutes of hearing - list of objectors 6-23-80 8. Ordering Improvement - adoption of Ordinance No. 80-52 6-23-80 9. Bids - Approve and call for bids - bid opening. 7-21-80 A. Publish 2 consecutive weeks, first publication shall be not less than 10 days prior to date of opening of said bids - published Tigard Times 7-9-80 & 7-16-80 10. Affidavit, publication notice to contractors - official paper -0- 11. Affidavit, publication notice to contractors - filed 7-24-82 12. Minutes showing receipt and list of construction bids 7-28-80 13. Minutes awarding contract 8-11-80 1-19-81 14. Assessments - Notice to property owners of proposed assessment and set date by which time objections may be fixed. Meeting - 3-8-82 2-23-82 15. Adoption of ordinance approving assessment against properties. Ord. No. 82-16 16. Minutes of assessment hearing and adoption of ordinance. 4-12-82 NOTE TO FILE: All property owners signed assessment applications. Total Amount Assessed $16,015.80 CHECK LIST . . . . McDONALD SEWER LOCAL IMPROVEMENT DISTRICT (L.I.D.) NO. 425 Date r Description: April, 1979 1. Proposal filed by property owner 2-11-80 2. Concept approved by Council 4-21-80 3. Petition filed 4. Notice of Intention - Resolution by Council creating assessment Res. 80-104 ; district A. Declare purpose of improvement Probable Cost i of district to be benefited Describing boundaries } Direct publication of notice (publish at least twice, first publication not less than 10 days prior to time all interested persons may present their objection to improvements, notice to specify time and place of public hearing) 11-24-80 B. Minutes of Council where resolution passed notice - Tigard Times 11-26-80 & 12-3-80 5. Affidavit publication of hearing - Within ten days from date of first publication 6. Remonstrance of notice 66 2/3% of owners may file a written remonstrance or z ch objection shall be a bar to objection against project and suless -2 further proceedings for a period of six months unHearingoDate 12-8-80 property owners subsequently petition. 12-8-80 7. Minutes of hearing - list of objectors 12-8-80 8. Ordering Improvement - adoption of Ordinance No. 80-98 9. Amended bid opening date - Ordinance No. 81-09 adopted 3-9-81 10. Bids - Approve and call for bids - bid opening 4-9-81 A. Publish 2 consecutive weeks, first publication shall be not less than 10 days prior to date of opening of said 4-1-81 bids - published Tigard Times 11. Affidavit, Publication notice to contractors - official paper 3-31-81 & 4-1-81 ' p ublished Daily Journal of Commerce - p E 12. Affidavit, publication notice to contractors - trade paper 4-1-31 Daily Journal of Commerce - filed 4-2-81 Tigard Times = filed 13. Minutes showing receipt and list of construction bids 4-27-81 4-27-81 � 14. Minutes awarding contract A. Approve change orders. 15. Assessments - Notice to property owners of proposed assessment 3-31-82 and set date by which time objections may be fixed. 4 16. Adoption of ordinance approving assessment against properties . Ord. No. 82-17 17. Minutes of assessment hearing and adoption of ordinance 4-17-82 NOTE TO FILE: All property owners signed Bancroft applications except one. Have not heard from property owner. Total Assessed $146,447.70 Less unsigned application (4,184.22) Balance to be bonded $142,263.48 C E c MEMORANDUM i Jul 26 1982 - Y i x TO: City Administrator FROM: Chief of Police SUBJECT: K-9 Program Expansion c RE: Second Dog Acquisition E - z r Sir: F: I have been advised by Officer DeVeny that the department has been offered another German shepard dog for our program. This is a pure breed slightly larger than Joey, appears to be well cared for and in good physical condi- tion; his age is 20 months. The cost would be $50 or less. The present owner now resides in Beaverton and cannot keep a dog at his present location; therefore, he must find a new home. In talking with Officer DeVeny, he advised that he does not require a kennel as was budgeted. The cost of the kennel was estimated to be $400. This amount can be directed to the second dog for food, vet expense, and some minor dog equipment; i.e. , leash, lead, choke chain and harness. The K-9 vehicle can be shared. It would be my opinion that it would be cost effective to add the second < dog at this time for the following reasons: l 1. Reduce overtime on callout of existing officer and dog through scheduling assignments. 2. Reduce probability of handler and dog burn out with second team back-up. 3. Officer DeVeny can provide the majority of the training of the second dog and handler in the city; subsequently, reducing out of town training and travel cost. 4. Will enhance patrol division by improving the availability of a second dog and handler. 5. As mentioned in the original K-9 proposal, the dog will reduce time required to search buildings and open'areas, which is a cost savings and will improve officer safety. I had not planned to add another dog until next year; however, this is an opportunity to acquire a quality dog at little cost. Prior to taking the dog, I would recommend that he be checked by the vet to assure there are no defects; this cost would be $35-$50. Your consideration and comment will be appreciated. Respectfully, R.B. Adams Chief of Police RBA:ac