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City Council Packet - 03/10/1986 f TIGARD 'CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an REGULAR MEETING AGENDA agenda item needs to sign on ,the appropriate BUSINESS AGENDA sign-up sheet(s). If no sheet is available, } MARCH 10, 1956, 7:00 P.M. ask to be recognized by the Chair at the start r FOWLER JUNIOR HIGH< of that agenda item. Visitor's agenda items are 10865 SW WAL-NUT asked to be to 2 minutes or less. i_onger matters i"IGARB; OREGON 97223 can be set for a future Agenda by contacting either the Mayor or City Administrator. '. 1. REGULAR MEETING: 1.1 Call To Order and Rol.]. Call. 1.2 Pledge of Allegiance 1.3 Call To Staff and Council For Non--Agenda Items`: Motion to approve .. as amended. 2. VISITOR'S AGENDA (2 Minutes or Less, Please) 3. PUBL-IC HEARING - SOL"ID WASTE RATE INCREASE PUBLIC HEARING A proposed rate increase by the three garbage` hauling franchisees which serve Tigard (Frank's Miller, and Schmidt's). A recommended increase of 16.5 was received from the Tigard Utility and Franchise Committee and will be considered along with testimony received at the hearing. k o Public Hearing Opened o Declarations Or Challenges a Summation By Utility & Franchise Committee Representsative o Public Testimony:. Proponents, Opponents, `Cross Examination o Recommendation By; Utility & Franchise GoS iidttec Represent-sat_".; r Council Questions Or Comments a Public Hearing Closed o Consideration By Council L 4. PUBLIC HEARING - ZONE CHANGE ANNEXATION 1-86 - 108TH & DURHAM NPO #6 A request by Mr. & Mrs. Thoennes, Mr. & Mrs. Nesvold, Mrs. Ogle, Mr. & Mrs. Funchess, Roger Speece, and Mrs. Vandewater to annex 33.41. acres into the City of Tigard. The property is located south of SW Durham Road and east of SW 108th and to zone the property in conformance with the City of Tigard's Comprehensive Plan as follows: Tax Maw,/Lot # Current Zoni.nct Pro ose ZZoning ZS1 15A 400 & 401 Wash, Co. R-5 City of Tigard R-4.5 2S1 15AD 100/200/300/400 Wash. Co. R--5 City of Tigard R-4.5 2S1 148 800 Wash. Co; R-"7 City of Tigard R,-7PD/R-12 PD at ZS1 14B 600 & 601 dash. Co. R S-1 City of Tigard R-12PD a Public Hearing Reopened - Continued From 2/24/86 o Receive Letter of Request To Postpone From Applicant o Consideration By Council 5. PUBLIC HEARING SUPPLEMENTAL II BUDGET - FISCAL. YEAR 1985-86 . o Public Hearing Opened a Declarations Or Challenges o Summation By Budget Officer o Public Testimony: Proponents, Opponents, Cross Examination o Recommendation By Budget Officer o Council Questions Or Comments o Public Nearing Closed 0 Consideration By Council - Resolution No. 86- 6. LINCOLN SAVINGS AND LOAN STATUS REPORT (S 1-86) o Community 'Development'Director { 7. MURRAY ROAD ALIGNMENT REPORT o City Administrator 8. COMPUTER MASTER PLAN AUTHORIZATION o Administrative Assistant Martin 9. 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 by motion for discussion and separate action. Motion to 9.1 Approve Council Minutes -- February 13 & 24, 1986 9.2 Receive and File Community Development Land Use Decisions 9.3Accept Tigard Christian Church unitary Sewer Service Agreement &' r Authorize Signatures ' 9.4 Accept Circle AW Products Company & Western International Properties Permanents Storm Drainage Easement 9.5 ' Approve Street Vacation Public Hearing -' 99W Frontage Read Resolution Mo. 86-29 9.0 Approve Intergovernmental Agreement With Washington County And Authorize` Signatures '- Dog Control 9.7 Approve Conditional Acceptance of Sanitary Sewer Improvements Hall Blvd. Baptist Church •- Resolution No. 86•-29 9.8 Approve Reduced Sale Price Of Bluel'ine Quarter Section Maps — Resolution No. 86-30 9.9 Ratify Phone Poll Approval Of OLCC Renewal Application: o K.C. Deli, 1.5943 SW 72nd Avenue, RMO Application 10. NON-AGENDA ITEMS- From Council and Staff 11. EXECUTIVE SESSION: The 'Tigard City Council <will go into Executive Session under the provisions of ORS 192.£50 (1) (e) & (h) to discuss real property transactions and current/psnding litigation issues. 12 ADJOURNMENT lw/3745A TIGra RD CITY' C0UNCIL ... REGULAR MEETING MINUTES — MARCH 10, 1986 — 7:OO P.M. 8 L §3l,: Present. Mayor John Cook; Councilors: Tom Briar: (left meeting at 7:28 PM, returned to meeting at 8:23 PM), and � Jerry ;Edwards; City Staff: `Bob Jean, City Administrator; Bill Monahan, Community Development Director '(left meeting x at 7:35 PM, returned to meeting at 8:05 PM); Tim Ramis, Legal Counsel; and Loreen Wilson. Deputy City Recorder. 2: CALL TO STAFF AND COURCIL FOR —AGENDA ITEMS i " a. City Administrator requested the following item added to Non—Agenda: ,1 Emergency Service Study -- TREPD .2 Planning Commission Workshop With Council a, .3 City Council Workshop 4 Hall./Burnham LID Contract .5 Street Vacation Refund Request b. Councilor Brian stated he would need to leave the meeting for a short time 'to attend another Council meeting in Tualatin. Y: 3. VISITOR'S AGENDA x. a. Judy Chr^istensen, Budget Committee Member, +' encouraged' citizen participation: at the Budget Committee meetings scheduled for March 12, 19, &,26. 4. PUBLIC HEARING -� Z E CHANGE ANNEXATIC41 1-86 — 108TH & DURHAM — NPO #6 � A request by Mr.' & Airs. Thoennes, t1r. & Mrs. Nesvold, Mrs, Wigle, Mr. S, Mfrs. Funchess, Roger Speece, and Airs. Vandewater to annex 33.41 acres into the City of Tigard. The property is located south of SW Durham �. Road and East of SCJ I.08th and to zone the property in conformance with the City of Tigard's Comprehensive Plan as follows: K, Tax Map/Lot $ Current_ZeninH Pr )osgd Zoni 2S1 15A 400 & 401 Wash. Co. R--S City of Tigard R-4.5 2$1 ;15AD 100/200/300/400 Was'rr, Co. R-5 City of `Tigard R-4.5 ; 281 146 800 Wash. Co. R-7 City of Tigard R-7PD/R-12 PD 2S3 118 600 & 501 ;gash. Co. R S-1 City of Tigard R-12PD a. public Hearing Reopened -- Continued From 2/24/86 b. City Administrator stated staff needed further direction in this matter. The annexation presented was for those areas where petitions had been signed, Staff could prepare a triple majority annexation' proposal: if that were Council's direction. He also noted that Mr. Kenneth Waymire, applicant, has requested a postponement of this:proceeding. C. After Council discussion, Councilor Brian ,moved to close- the hearing and discontinue until application is received again in a triple majority foa••m. Motion seconded by Councilor Edwards. Approved by unanimous vote of Council present. Page 1 — COUNCIL MINUTES — MARCH 10, 1906 5. PUBLIC HEARING SUPPLEMENTAL Is. BUDGET — FISCAL YEAR 1905-86 a. Public Hearing Opened b. Budget Officer (City Administrator) synopsized request and noted Budget Committee's recommendation to approve C. Public Testimony: No one appeared to speak. d, Budget Officer recommended approval. e, Public Hearing Closed f, RESOLUTION No. 86-31 A RESOLUTION ADOPTING A SUPPLEMENTAL BUDGET FOR FISCAL YEAR 1.985-86 AND MAKING APPROPRIATIONS. g, Motion by Councilor Brian, seconded by Councilor Edwards to approve. Approved by unanimous vote of Council present. 6. COMPUTER MASTER PLAN AUTHORIZATION a. Assistantto the Administrator, Joy Martin, ' synopsized' the computer selection process used by staff, noting this purchase was a Council goal. The staff Committee recommended purchasing a Burroughs 1955 & B25 system for data processing heeds and keeping the Slang OIS word processing system with an upgrade; purchased. : She stated lhiS was within the and proposed to out "right - purchase part, of the system and lease the rest over a 5 year period She requested Council authorize staff to being contract negotiations. b. City Administrator stated that included in the cost proposal was some software programming, The size of the Burroughs and Slang systems will require a change order for the relocation of the computer room wall at the. Civic Center. This is estimated to be $500 or $600 C. Motion by Councilor Brian, seconded by Councilor Edwards to authorize the City Administrator or designee to negotiate contracts for a slang OIS upgrade, the Burroughs 1955 and B25 systems, the HP hardware for engineering, ' the IPM accounting and fleet ,management :software, the Clackamas County CLASS software, 11hz- n,_r0rQ0UP land the Holguin software, and related training and support. In addition, to initiate a change order requesting to move the south wall of the computer room and the doorway, Upon v completion of negotiations, staff is to request Council to enter into "he negotiated contracts, and appropriate contingency. Approved by unanimous vote of Council present. 7. QBE AgEOt : 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 by motion for discussion and separate action. Motion 46,0: e .1 Approve Council Minutes -`February 13 & 2.4, 1966 page 2 — COUNCI4_ MINUTES - MARCH 10, 1986 7.2 Receive and File Community Development Land Use Decisions 7.3 Accept Tigard Christian Church Sanitary Sewer Service Agreement & Authorize Signatures 7.4 Accept Circle AW Products Company , & Western International r, Properties Permanent Storm Drainage Easement 7.5 Approve Street Vacation Public Hearing - 99W Frontage Road Resolution. No. 86-28 7.6 Approve Intergovernmental Agreement With Washington County And Authorize Signatures - Dog Control 7.7 Approve Conditional Acceptance of Sanitary Sewer Improvements Mall Blvd. Baptist Church -,Resolution No. 86-29 ' 7.8 Approve Reduced Sale Price Of Blueline Quarter ' Section Maps Resolution No. 86-30 7,9 Ratify Phone Poll Approval Of OLCC Renewal Application: o K.C. Deli, 15943 SW 72nd Avenue, RMB Application a, Motion by Councilor Brian, seconded by Councilor Edwards to approve with the exception of 7.2 which is removed for discussion. Approved by unanimous vote of Council present. COUNCILOR 'BRIAN LEFT MEETING - 7:28 PM - Lost quorm Mayor noted that the meeting would proceed with review of the action items and forimulation of recommendations.< Final action would be taken upon the return of Councilor Brian. b. 7.2 Receive and File Community Development Land Use Decisions Mayor Cook noted several people were in the audience 'to discuss their concerns about this land use decision, SDR 5-86 Equities Northwest (Burger King), located at the SW corner of Scholls Ferry Road and Nimbus Avenue. Legal Counsel stated Council should not hear testimony regarding this issue since it could be appealed for a public hearing later before the Council. City Administrator recommended the citizens contact the NPO in the area and study this issue with them. Community Development Director was asked to go out of the meeting with the citizens and discuss this process,with them. COMMUNITY DEVE6_0PMENT DIRECTOR left meeting 7:35 PM 81 PUBLIC HEARING SOLID WASTE RATE INCREASE PUBLIC HEAR76Nf, A proposed rate increase by the three garbage hauling franchisees which serve Tigard (Frank's Miller, and Schmidt's). A recommended increase of 16.5% was received from the Ti.g:zrd Util.i.ty and Franchise Committee and will be considered along with testimony received at the,hearing. a. Public Hearing Opened b, LaValle Allen,' Chairman of the Utility & Franchise Committee, presented the synopsis of the 'study completed by the Committee and recommended increasing the rates by 16.5%, i Pane 3 _ COUNCIL. MINUTE 8 - MARCH 10, 1986 c.' Public Testimony: ;: a City Recorder read into the record a ` letter from Phil. Edin, leader of the Tigard Christian Church, requesting an interim 1a7 pendia a` more complete analysis, lie . increase of 8 g expressed concern with the lark of criterion, comparative analysis, and inadequate financial data, and asked questions regarding recycling and cleanup days, � o Tom Miller, Miller's Sanitary Service:, noted rate increases s proposed and granted in surrounding communities and requested approval of the 16.5% increase. o Sanitary Service, Robert Edwards, Frank's also supported the 16.5% increase noting the same amount of increase had beers � requested in Sherwood and Tualatin. He continued by Hating the areas of increased costs being experienced by the haulers. d City �clrinistrator noted the City receives vary few complaints on the hraulers, eds to be more complete. but that a budget ne e; Legal Counsel noted this issue would be discussed in more detail k upon the return of' Councilor Brian. 9. LINCOLN SAW114GS AND LOAN STATUS REPORI (S 1--86) Staff advise Council that NPO 6 is requesting a fee waiver for � the appeal of the S 1-86 apalication. r Chairman, requested Council approval of the 0 b, Phil Pasteris, NPO 6 Chan q i fee waiver for the appeal. g C. Consideration of this item was set aside until Councilor Brian returned. 10. MURRAY ROAD ALIGWENT REPORT a. City Administrator reported the curve radius on Murray Road would be between 350' and 500' as agreed to at the joint £�eaverton�` Tigard ' Council `Meeting. If Council. wished this changer, they would need to discus with the Beaverton County and City staff. 11. WN—AGENDA ITEMS: From Council and Staff il,x� ee n,c3 Sorvice Study ,— TRFPD City Administrator submitted a copy of the Tualatin Rural Fire Protection Cistrict's study on emergency medical services in the area and rioted the fire district was discussing taking over that service in Tigard, As additional information is available, staff will. advise Council. 11.2 planni Conaa-eission Workthop With Ccauncil Council discussed a time for the Planning Commis-;ion workshop �swith Council and decided 3une 21st or 20th would be the best. Staff will coordinate. Page ,4 — COUNCIL mINUT'LS — MARCH 10, 1496 � t liggn 11.3 City Council Workshop Council consensus was to hold a two day wo-rkshop vs, a -three workshop. COW4UNITY DEVELOPMENT DIRECTOR returned to meting — 8:05 PM 12. FURTHER C0423MT ACE NDA CONSIDERATION of item 2 Receive and File Community Development Land "Use Recisions a. Further discussion on this issue was heard. The Community Development Director suggested Council set hearing for the item since the 120-shay LCUC time line was in effect and remanding this issue back to the Planning Commission would extend beyond- that limit. Further discussion would be held' after the return of Councilor Brian, RECESS: 8:07 PM — until quorum is achieved RECONVENE: 0:73 PM Quorum present 13. PUBLIC HEARING CONTINUED -- SOLID WASTE RATE INCREASE PUBLIC HEARING A proposed rate increase by the three garbage hauling franchisees which serve Tigard (Frank's Miller, and Schmidt's),. A recommended increase of ` 16.5% was received from the Tigard Utility and Francaise Committee and will be considered along with testimony received at the hearing. aa. Mayor Cook highlighted the testimony for Councilor Brian. Councilor Brian stated he had no negative feelings towards the •M1. haulers, however, he wanted the Committee to address issues more completely. He suggested an increase now with a review of those rates in the fall after further, Committee review. :s. After lengthy discussion between haulers, staff, and Council, Councilor Brian moved to amend the rates to round to the closest tenth' of a dollar, (i,e, single can rate of $8.10) -to be effective April 1, 1996. Approved by unanimous vote of Council present. C. Consensus of Council was that the Utility and Franchise Committee should review rates in greater detail and bring 'back report in the fall to Council. Council retained the option of reducing rates at * that time if further study did not support the 16.5% increase granted d. Public Hearing Closed Q. City Administrator noted that staff would prepare a resolution for Council adoption at th2.. 3/24/86 meeting, however, haulers could inform their customers of the increase now, Page: 5 — COUNlCIL MINUTES MARCH 10, 1986 i 14: LINCOLN SAVINGS AND LOAN STATUS REPORT '(S 1-86) — CONTINUED a. Community Development Director discussed the code: restrictions in this matter further, for Councilor Brian's information. lie suggested 'Council set a hearing for the item since the 120-day LCDC time Line was in effect and remanding this issue back to the Planning Commission would extend beyond that "limit'. Lengthy discussion followed. b. Motion by Councilor Brian, seconded by Councilor Edwards to .set a public hearing for 3/24/86 on the appeal which shall be heard on the record. Approved by unanimous vote of Council present. C. Motion by Councilor- frian, :. seconded by: Councilor Edwards to waive the 'appeal fee for the NPO, Approved by unanimous vote of Council present. 15. OWN DISCUSSION CONTINUED .4 Hall/BurMam LID Contract City, Administrator- requested approval for the signing of the final design work services -to be accomplished on the Hall/Burnham LID improvement. Motion by Councilor Brian, secondee! by Councilor Edwards to approve the contract and authorize the Mayor and City Recorder to siren. Motion by Councilor Brian, seconded by Councilor Edwards to amend the contract language in the last paragraph to indicate approval was granted by motion not resolution. Motion to amend was approved by unanimous vote of Council present. Contract as amended was approved by unanimous vote of Council present .5 street Vacation Refund Request City Recorder reported that the Council approved a street vacation last fall which vacated a street which the County had not turned over for City jurisdiction, She recommended approval of the refund request so the applicant could apply to Washington County for the vacation. ,+ mot, b,, Councilor Edwards, second-nd by Councilor Brian to motion r9 Edwards, _ J r.. .� .. u approve the refund of $273.50. RECESS: 0:56 PM Page 6 •- COUNCIL MINUTES MARCH 10, 1986 RECONVENE: 9:00 PM 16, EMEWT'IVE SESSION: The Tigard `' City Council went into Executive Session under the provisions of ORS192.660 (1) (e) & ,(h) to discuss real property transactions and current/penning litigation issues'. 17, AWOURWIENT: 9:45 PM lw/3709A \ f eputy City Recorder -- City of Tigard ATTEST: yo��— City of Tigard Lkl/�799A € a T Page 7 - COUNCIL MINUTES - MARCH 10, 1986 - TIMES PUBLISHING COMP Y Legal 7-6634 P,O:SOX 370 PHONE(503)534.0360 $�3�tlCEs BEAVERTON,OREGON 97075 Legal Notice Advertising City of Tigard C1 Tearshest Notice on P.O. Box 2339'1 I Tigard., OR 97223 01 0 Duplicate Affidavit 6' AFFIDAVIT OF PUBLICATION STATE OF OREGON, )ss COUNTY OF WASHINGTON, I Stephaiii e Ne'uba,uer elhg first duly sworn, depose and say that 1 am the Advertising t Director,or his principal cleric,of a newspaper of general circulation as defined in ORS 593.010 and 593.020;published at= �2 g a r d in the aforesaid county end state;that the —�''� P—i'�.BX M�.r i i n N to r a . a printed copy of which is hereto annexed,was published in than entire issue of said ns�vspaper for` _1successive and . consecutive in the following issues: Niarcx 6.. 8'6 -- . Sub.cribs d end s?ncr'' before me th'ss-J l�o4ary Psablic#or C?ragon My Commission Expiras: 9/20/88 l AFFIDAVIT f 1 � gj � r'• ', d{,s4��+�.,�•ayytA�,L_4�Y+T.��r�°�`"�•�-F§��.iSs�;¢'#:SF�'; ,� - a� �'--.' ^':Y Y£3' " �#"3)l3VRPil <bYs 1 k1xi #✓d5 5'd §' �f -2 F- $. ?4 MR TIMES PUBLISHINGY Legal 7-6628 P.O:BOX 370 PHONE(303)684-0380 Notice fl� BEAVERTON,OREGON 97075 Legal Notice Advertising v City of Tigard m Tearstaeet Notice P.O. Box 23397 p 0 Duplicate Affidavit v3 7� Tigard, OR 97223 gd. �Or � �� AFFIDAVIT OF Pi.iBi_it✓ATION STATE OF OREGON, ) QQEJivTY OF WASHINGON )es' l Stephanie Neubaaer being first duly sworn, depose and say that i am the Advertising Director,or his principal clerk,of the—T j g r d -m i m an — a newspaper of general circulation as ddeflned,in QRS 193.010 and 193.020; published at_ T i g ar a in the aforesaid county and state;that the Pub l,i�Nra-ping Nnj:irF ; a printed copy of which is hereto annexed, was published in the entire issue of said netrospeper for 1 _successive and consecutive in the following issues: ' cribeio besfore me$his Notary Public for Oregon My Commission Expires: 9/2 0/8 8 � � �� `� 'trs 'r " nd ,ir"1t $ si�A��rt iii�sf, _. �u_,�,�:.�,�✓.�...y�.: r �a�sk��*�_.t..n, ,_rte-.... .s �i ��.�^�f .....�1: � 74 pp��yya4yY��tyrpps��ax�aydpx�tckecruep3 nJzae+w—a9at�. •r .. .. yx,.1✓ a: ... r^.ZtS.TtA.�39+?arit; ila�_. .e.—P.`,1'aSzsz�rir.,,.A SSjB$�„y, fi ; " v ss4 „cau u3il�t g ate tsrtlt�a TWES PUBLISHINGA 1.69017-6621 P.O-[fax 370 PtioNE(503)684-0360 Notice BEAVERTON,OREGON$7075 t Legal Notice Advertising 1'C ity o f TiI g ar a a 0 Teareheet Notice P.O. Box 23397 '� � 0 Duplicate Affidavit C;,;%v t- ® Tigard, QP 97223 ''_ i AFFIDAVIT OF 8-°t1t�UC A T'iC.eN STATE OF OREGON. � COUNTY OF WASHINGTON, jss. l t-ejibani ZrFuhstttar ' being first duly sworn, depose and say that 1 am the Advertising Director,or his principal clsrk,of s newspaper of general circuiaation asOfined in ORS 193.010 and 193.020: published --1�g a='d in she aforesaid county and state;that the rig a printed copy of which is hereto annexed,was published in the entire issue of said newspaper for successive and consecutive in the following issues: Subscribes and�tTtis�rt` tief,-M ms this Eeb ?7 l 48r� Notary Public for Oregon My Commission Expires: 9/20/88 AFFIDAVIT2-Mlk -' r Ste"ff �h-+g it r ,art 4 T `.ssk�wc"��':` SSPE ^t v $# — MF �4�',:11� �� 7 �) N�. AGENDA ITEM # 2 _ - VISIT'OR'S AGENDA DATE March 10. 1986 (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes: to hear from you on other iss=ues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Administrator prim to the start of the meeting. Thank you. NAME & ADDRESS BORIC STAFF CONTACTED � )r)b dnq Y, r sou . J Z , Lea3 rJ r> a W : DATE March :Qe 1986 I wish to testify before the Tigard City Cc un=ii on the following item: (Please print the information) Item Description: 1k al . T, =S7nG +mk2.f'L �d,.4' /..�J.abFlao.w Proponent (For Issue) Opponent (Against issue) Name, Address end Affiliation Hamer' Address and Affiliation + s 5'r... 5�3'•'rS�C:��f�Yh3�4"«`��:i�t��3d8$?t�.4'��CHS�f�S k"C�tPYD'dk��45'�da'�a�5$u't"i�t3�d°kRt�'$i4[!�.''�s'�S'�ft��6��`��.7��38$dtt��$S$k'�fdtl�'�i�i$d:EC1t1�C��1�t'�'rC��[� DATE March10, 1986 I wish` to testify "before the Tigard City Council on the following; nesse (Please print the information) ItemDescription: �- PUBI IC HEARING - — --_ — ZONE CHANGE ANNEXATION 1-86 _' 108th & Durham ' Proponent (For issue) Opponent ( ai-nat Isnue) K e, Address av Affiliation Same, Address and Affiliation DATE tr rc aC 1�$ �eizh to testify before the Tigard City Council. On the following item. (Please 'print the informaItion) stem Description* ,5 - PL7BLIC HEARi1�G SUPPLEMENTAL II BUDGET FISCAL YEAR. 1985--86 �t1��'�az it�tt��s6t�t�k��+'�c�•��ksFea�x#rak�ua:kSs�•3Efki��t�s �c��f4�a�s4aks4��'.��s��`nk��ae��c�x��saa:&��i�3s��s§�� opponent (Against Issue) �'r�aprane�z (For issue) Al re, AddressandA'ffl.iation � 3� e, Address sxxd Affiliation e CITY OF TIGARD, OREGON ` COUNCIL AGENDA ITEM SUMMARY AGENDA OF: ?Aarch 10, 19$5 AGENDA ITEM #: DATE SUBMITTED: March 4 1986 PREVIOUS ACTION: +. ISSUElAGENDA 'TITLE: Solid waste _ Rate Review PREPARED BY: Keith iden REQOESIEl3 BY: I, DEPARTMENT "HEAD OK: 'J � �-�t�: CITY ADMINISTRATOR: I � POLICY ISSUE INFORMATION SUWARY i Az"ter, reviewing the information related to t€ e proposed rate •review for the waste haulers servicing the City, the Council elected to schedule a public hearing to consider~ the increase proposed. t ALTERNATIVES CONSIDERED_ I 1. Approve increase as recommended by the Utility and Franchise Committee. � . 2. Approve an increase that is 'different from the Committee r•ecommandation. 3. Table for further shady. i 4. Deny the request. 1, SUGGESTED ACTION Conduct a public hearing on the proposed solid waste franchise fee - increase*, and consider informat:F.on attachedand testimony -to deter mine an appropriate a.ctioee The Council should also determine an effective date for any raise change, and how and when further review of rates, should take place. (KL:br/'2399P) t March10, 1986 Tigard City Council City of Tigard, Oregon Honorable Mayor and Councilors: Please accept this letter as testimony concerning the proposed garbage 'rate increase. While I no 'longer live in the City, I 'am impacted as a'member and leader of Tigard Christian Church, an institution which eases the ':franchised garbage collection service. As a prior resident of the "City and speaking now on behlaf of the;church, I wish to state that we. have had and have now no complaint concerning; the quality of the current service. Our concern is the cost, and frog the information that I have been able to obtain, 1 question whether adequate cost analysis has been performed to support the proposed permanent increase. . As youknow, I was a member' of the Council when, we decided to establish the Utilities and Franchise Committee. Raving reviewed the staff and committee report on this matter, I can say that I expected a more comparative analysis than what I have seen Also, I was expecting the committee to establish criterion for which to use in evaluating rate increases. I see no evidence: of any criterion. Without such, how can one decide whether 16.5% increase is too .much or too little? Other questions which 1 have area o What are the plans for recycling efforts? 0 Other communities have a free spring cleanup day, are there any plans for such?` Because of the lack of criterion, comparative analysis and inadequate financial data as vaell as the other questions, I would encourage the council to delay the rate increase or ,grant an interim increase (say 8 14%) pending a more complete analysis. Y :hank you for your consideration Sincerely, r f— . Phillip R. Ediax MEM0RAW0Uig CITY OF TIGARD, 'OREGON TO: City Council March 5, 1985 FROM, Keith Liden, Senior Planner` SUBJECT, Garbage Franchise Rate Increase s In the fall of 1985, a request was submitted to the City by ;the waste haulers. to initiate a review of the current garbage rates`. On november 13 1985, Bill Monahan 'responded informing them that information justifying the increase' would need to be submitted On January 13, 1986, the Utility and Franchise Committee considered the data prepared by Frank's. Miller's and Schmidt's and recommended an increase of 16.5%. The recommendation' was received by ;the City Council and it was agreed' that the proposal would be reviewed by the Council at a public hearing on arch lO, 1986. The Council requested that in addition to the information assembled, a comparison of 'current and proposed rates, as well as the rates in other jurisdictions would be helpful. The following information has been attached. 1. Letter from Dill Monahan dated 11/13185 2. Utility and Franchise Committee minutes for 1/13/86 3. Information considered by the Committee 4. Present fen schedule 5. City of Tigard Solid Waste Management Ordinance 6. Comparison of present fees and affect of 16.5% increase i. Current Mees charged in nearby jurisdictions, as of March 3, 1986. (2399P) Parch 5, 1986 CURRENT RATES 166 5% INCREASE (1 stop/wedlc) Residential <� { One Can 6,95 Two Cans 13.15 15.3V Each Additional 6.20 4--` `r Commercial One Can 7.40 8.60 Two Cans 13.80 16,049 Each Additional 5.50 6.40 Containers 1 Yard 41.40 48.-TIQ�;L's 1.25 Yards 48.25 56,20 1,5 Yards 54.90 2 Yards 72,45 84.40 --- 3 Yards 93.35 108.75 /68-96 4 Yards 114.`25 133.10✓ Drop Box � 20 Yards 96.35 30 Yards 123.40 13- 5 /t/ •�Sb (2399P) JURISDICTION RESIDENTIAL COMERCIAL Lake Oswego One Can $ 6.93 $ 7.43 Tualatin One Can 6.95 7.40 T"wo"Cans 13.15 13.80 Sherwood One Can 6.95 7.40 Two -Cans 13.15 13 .80 King City One Can 6.15 7.40 'Two Cans 11.65 13.80 Beaverton One Can 6.01 6.42 Two Cans 11.06 11.89 Washington County Frank's One Can 7.45 7.95 Two Cans 13.95 14.25 Beaverton Sanitation One Can 7.15 7.55 Two Cans 13.55 14.00 (2399P) c am M } 1 ' �. November 13, 1985 CITYWTIFARD WASHINGTON CC. 9M ORE�- Carl Miller Miller`s 5150 SW Alger Beaverton, OR 97005 Less Carla Following our last telephone conversation regarding franchise hauler saes, 1 discussed the status of theUtility and Franchise Committee formation with Bob Jean, City Administrator. The City Council will appoint a complete committee on November 25 from the applicants who have expressed interest. The first Committee meeting will be held on Wednesday, December 4 1985 at 7:00 P.M. at Tigard City Halal.. Keith Liedena of my staff will assist the CO ittee with its meetings. die will Provide the Committee with your=request at t at meeting. Please advise sae when you ha-ie completed your i tormation search to justify a rate increase, As we discussed beforea t'ce format used three• years'ago should be satisfactory along; with 'an analysis>of commercial. rates. Other information needed includes comparable rates in the region, information on liability insurance increases which you earlier advised rye of, and projected recycling cosh. Given the passibility that a tranefer, station could eventually be located In Tigard or Beaverton, please estimate the effect which either facility would have on the potential rates. Sincerely, William A. Monahan.,' Director, Community Development ccs Schmi dt's cc: ` Frank's ccs Keith Lidera --d--�- 12755 SW.ASH P.O? BOX 23397 TIGARD,OREGON X9722, PH:639-4i 11 p Nl CITY OF TIGARD, OREGON ;COUNCIL AGENDA ITEM SUMMARY AGENDA OF: February 17 2985 AGENDA ITEM`�f' DATE SUBMITTED: February 13, 1986 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Soli! Waste Rate Recommendation PREPARED BY: Keith ii.den _ — REQUESTED BY: Utility & Franchise Com. DEPP,R ITfiFNT HEAD OK: tAl e CITY ADMINISTRATOR: INFORMATION SUMMARY Consistent with the duties of the Utility and Franchise Commi tte_-; a proposed ra t P increase by the City's .three waste hauling franchisoeei was reviewed. At its January 13, 7.98E msetinq, the Conin,i.ttee approved a' recommended fee increase of 16.5%. The following it,?ms are enclosed: committee minutes for, . January 1.3th, information submitted 'hay the waste haulers, the. present fee schedule,,.and the City of Tigard Solid Waste Mana;goment 'Ordinance. ALTERNATIVES CONSIDERED I. Approve the 15.5% increase (public hearing not required). 2, Return to Committee for further consideration. 3, Schedule « public hearing before Council to conside- th:e issue, SUGGESTED FACTION — Sch��ciul,o_ a public hearing. lw/3585A ` m Y MINUTES UTILITY AND FRANCHISE ADVISORY C0Uil i'F-F The meeting was called to order at 7 P.M. on January 13, 1486. Members present: Lavalle Allen Barbara Osborne Marcia-'Gaiser Don Jacobs Gerry McReynolds Keith Lidera (staff) Mike Misovetz Ex Officio Memberspresent: Tom Miller Larry Schmidt Carl Miller Robert Edwards 1. Rate Review Chairman' Allen asked the other committee members if they felt thhat they had su#ficient nFor•matier1 'to make a recommendation. Tom Miller (Miller's), Robert Edwards (Frank's) and Larry Schmidt (Schmi.dt' . submitted supplemental. information to justify the p;aposed rate increases. The waste haulers proposed increases ranging between 14% and 20% i•?ased upon rising costs for labor, insurance, disposal fees, utility rates for telephone and electricity, operating expenses, and 'postage. 0.11 thiree companies submitted cast and revenue data for the past several years. Following, some discussion among the committee members, Gerry McReynolds maned that the committee recommend an increase of 18% to $8.20 per can to ' City Council.. Thernotion died for lack of'a second. Between 8:20 and 8;40 P.i1. , tY:e committee members discussed 'the merits of E the proposals' without thci presence of the ex officio members I:t was the consensus of the members that cased upon the figures presented and their ownbusinessexperience with rising costs, a fee increase was justified. At 8:40 P.M. the ex officio members rejoined the committee. Mike M'sovetz suggested a 1.5% increase would be appropriate with the understanding that a rate review would be conducted next year. Robert Edwards (Frank's) said 4 that such an increase would riot be sufficient. This comment was followed by additional discussion by the group. Gerry McReynolds moved, that tiee committee recommend a 16.5% increase to City Council. Dort Jacobs seconded the motion and it was approved unanimously, Mike Mi.sovetz suggested that all of the information submitted be kupt,on file. LaVall.e Allen suggested that the committee should address how future rate reviews should be conducted: {{ E 2. ANext, meeting The committee 'agreed that the folI.owing topics should be covered during the next meeting. a. Agree upon'a format for future rate adjustments. b. Review information regarrii.rfg l:h�?:`recycling program. The next meeting was scheduled for Thursday, February ;13, 1986 at 7 P.M. at City Mall. Meeting ad,jo reed 9:15 P;.M. SSL:kas 118 CITY OF TIGARD FRANK'S DISPOSAL SERVICE, INC. � statement Regarding Proposed Rate Adjustments January 6 . 1986 Frank's Disposal Service, Inc. has faced increased operating costs during the ?bast 'thirty-six months while they existing collection rates have been in effect. The Company haat wonted to , ` reduces expenditures wherever possible without affecting serviceto � our customers, but the major costs Of providing wastedisposal service:are outside our control Disposal fees paid by our company have daubied since the beginning eof `i 983. the latest 10.5 perce3nt increase became effective January 1 , 1986, when the disposal fee went to X17 .38 per � ton. Labor costs have increased steadily, with union hourly wage rates increasing :by 8 percent and health insurances increasing by over 37 percent. Payroll taxescontinue to increases annually, with social security rates incre&sing by 15 percent and annual maximum' contributions increasing by over 25 percent. . Insurance rates applicable to the disposal industry have ' A doubled since 1982. Other: truck operating costs, including paPts, maintenances and fuel have increased at or somewhat greater than tt,® � cost of living index. Telephone costs have increased over 34 percent and electricity int he have increased by 76 percent se bpast three years . In y addition, postage rates have increase by 1® percent. � Curbside recycling services which are ,rocuired by Senate Hill 405 must begin by July 1 , 1986, and will create casts in excess Of the revenues to be generated by the recyclable materials. It, is presently estimated that this service will cost residential customers approximately 17 cents per month. We have worked hard to. hold this linea on Choses exPOnses which can be controlled, so that: loss ,ite the Ma�gni'udO of ervice,W in some of the maJor costs of operation of ea disposal service, w© will only need to zook an overall 10 percent increase in rates in order � to offset they operating colt increases incurred since .January 19x33. This would. for �axample, bring the one can per week residential rate to $8.23 or $8.25 per month from the present $5.96 rate. We regret having to seek an increase of this nature, but we that you understand environment in which we are ars confident that working, *gid wou will gives ca�r�aful consideration to our request. . Very truly yours, : Frasak i Proo1dont E r , CITY OF TIGARD FRANK'S DISPOSAL SERVICE, INC. Data Regarding Need for Rate Adjustment January 13 1986 EXISTING RATES effective since Jan. 3, 1983: RESIDENTIAL One Can Rate g 6 .95 /month Cost increases experienced during past_36_months_ - -- ---- - - At 1-1-86 Increase At 1-1-83 _ - - DISPOSAL. FEES -^Typical cost /month $16, 165 .74 $82,387 . 69 100 .355 LABOR COSTS $11 .25 /hr $12 . 11 /hr 7 ,55 .. Wage /hour $155 .57 /mo. $214 /mo. Health -insurance 37 . 14% 715 6 .72`% . 6.70% 25 .55% FICA tax rate $2,391 .90 $3.003 .00 maximum FICA tax OTHER OPERATING COSTS _. - 1 . 035 /gal '1 .57%7� Y�Fuel �_diesei__` $1 . 019 /gal $ Insurance $5, 367 /truck 120.65% per KSI .analysis $2,659 /truck X53 .66 /m0 . 74 .79�- Electric`ity $ 90.77 /mo. $ , .r_ t CIls-- . 20 22 10 00% postage, 'rs Telephone $533 .32 /m0. $ 716 .03 /mo. 34.26 { s Service, Inc . P.O_ Sox 23293 Tigard . OR 97223 ,`,; Frank'-- Disposal S_e Phone 644-6161 ��_ 0 Specialized Container Service 'Lonerazl-tAawthly 5150 S.Vd, Alger Street Beaverton,OR 97005 January 2, 1986 CITY OF TIGARD UTILITY AND:FRANCNT_ `-'I SORY COMMITTEE OPERATING EXPENSE TO REVENUE RATIO TRENDS s BASE PERIOD INTERMEDIATE PERIOD CURREtTI' PERIOD Year End 1983 Year End 1984 Jar.-Sep 1985 _ REVENUES 100.00% 100.00% 100.00% PAYROLL 56.41% 56.67% 56,80% TRUCK OPERATING EX? 11.51% 8.49% 12.09% OFFICE EXPENSE 2;73% 3.05% 3.55% DISPOSAL 15.62% 15.48% 18.00% OTF.ER OPERATING EXP 12.19% 13.56% 16.86% 98.46% 97.25% 107.30% PROFIT MARGIN 1.54% 2.75% ( 7.30%) doss 1986 Projections include: Net Increase 1, 4.3% Increase in payroll due to labor contract effective 2.44% 1/1/86 plus another 4`.5% in 1987. 2_ Average increase in disposal rate effective 1/l/86 of 7fl87% 1.42% resulting in overall net increase of 1,42% t. Page 2 City of Tigard • Utility and Franchise Advisory Committee January 2,' 1986 Net Increase 3. Insurance increases - some shown in 1985 resulting in .75% a 2.25% net increase. Expected net 1986 .75%. 4. Other expenses expected to snow increases in 1586 include truck operating expenses (parts & repair, service; items, PUC fees, ,tires), Route expenses (replacement and/or repair of equipment), Rebates (recycling and salvage customers), amounting collectively to approximately 1.15% net increase. 1��'— Total 5.76% RECOI-MNLATION After totalling the net increases projected for 1986, in addition to the loss previously incurred as shown for 1985, . we arrive at °a break even figure of 1.3.06/. Adding an additional 4.94% for profit, we are requesting an overall rate adjustment of 18.00%. This adjustment would include the cost of recycling and the increases :at the landfill. Total Net Increase 1986 5.761 Total Net Loss 1985 7.30% increase required for 100% Revenue to 13.06/ exaense ratio. Increase required to provide 4.94% 13.06% operating profit 4.94% 18,00% This would most -likeiy-result in a rate review request in-September- 1986, Pursuant to franchise ordinance, wm— � 1 e Po, f= ill—t_ JtJ��`CYtI�IJC?d�� 33j Z-7 a PAt'(P-0{.-L— C..ULL.C.Ti ON 14, V t� 1: L�, t i A°.� l ai^� 2 1 Al i DF— � die , U � -7 UO f I P 1 u., re iJ ell, e m <f f F Gl L°� °✓'`/c` 51&-7.6.9 2. Iy 175 17,s � �� 1 �. 7, 95J. ri �7, � 2f7g 7,1/' 0 9' g^ .3o� tb f l gtg ' E r Y:S 7 r —7, IW, 37 S 17 Mq /21 '39 O F' izIN F��r �n , ! a s prof (:�ulra ! t f Z2. € My -ter Schmidts S..l;iialry P'vin. e325 a.?: R00 3 Tigard, ,Orcno.l 639-5655 639-2378 r r To the Mayor :Ind City Council 1��('.(fibers o< T1{.3 C1. t('l2 time , CU it?;)ntr T. (Qltf' 3% a rate in eno n C>ric ` At t ;t' our '1 n City of `^afrar . Thenst, we charge for acerb �{ .r• �;c1• r v ir;r._ i n til rate increase was affected in C-tf'a o:JGr 1083. Schmidt' s Sanitory T 1 < 5 a1 f_ `iTlr hl E) {r. L! ..GTi c ;s+ is faithfully ' er['OTmin a f1r..t ,r( ! aUlin% CC?• of have done icor t..'te , ;t 'r. have steadily with ','IIP. n�r(ar ?r0'r•'1i1� Problem of SO].it.1 e waste nw 11i"' ini; 1 c r�.lintions jmplt•meni•tad y aryti: and re,_;ionalr.t,:rrrrmr-nt^. �rri?1?io?"CiC3.l ()l..a i,e.^. ^ rCi)r(':)E'.:' t c^ very small POri.tC•.': Ui• '7fUt� C �71T Qrc C franchised aaB.Ci Ward. ] ., C.LcISSI�ie:d a.5 light We supply the special Contaill '.r in a size that the customer requests. The analysis o3 cC•I1III:er%i3i rates is based on seg.en 30-gallon can, bein equivalent 'to ore cubic iC yard. ;vire aT i' rf'tl l('a}-lits 3 cog 1('r -ial rate' increase sE Coiilil en- curate to til? Comparable, r..t 1.._ ),.. region i()1? r. '( _istC i on " Scparat e enclr .,trc. os L clf' 1;?�C I i :1 cz t:it:: i�avi r -ti _j jut Otent9 in file ?.v:'C i,utu-ce. Thi; 1 t(i:5t vM7Y from city tO citY s because of population density, naulin€, distances, and various 1.I1diV.l.dur L franchise ?xrrctl{'CtI1GYlt5. Each on(;, t';r7ll hive U pddross the so'?id waste probl em '`t hat noir exists and is �rn�rin{� pre +.tez' i and more ccstZy v i i.;l cach p<jssinF year. ' Uee were recently instruct( d to ,oubstanti,ally x al se -the E MEN IIIIIII ININ_� r _ liability insurance coverage for our business. We were able to hold this cost to an increase of 155' by lowerinft the amount of insured value on some of the o2lder e�uil>ment and raisirrt- the collision deductible timount. Five years -ago we ber an recycling n^Nr_-;papers. Then card- board was added and Motor -u11. In October 1981; our program of CtlrkiSld£' reCyCliYl{? began .in rC;;;ionse to Senate ill 145, 8122s includes glass, 'tin and aluminum. More recycling information is listedon a separate sheets she current costs of picking un these items far exceed. any Y rofl"i made b,7 112E sale' o_T the items. Approximately r of our C ustomers recycle i E WS -a D�?I'^ V72 vh _2nt; regularity. According to our fir ure • !7 here(1 over the last 14 months` an average 4% 'recycle the other mentioned items on a .... regular basis. liven the `lo,v market price, for these items, recycling will always operate at a loss. Egen with a substantial increase in participation in -the curbside recycling., the coast of labor, fuel. and insurance * will offset any profit if the marc et for the recyclables coattinues to decline. In projecting further costs of recycling, we can only go by past customer participation. The g;3:tYt of these iter,, ::ill only hold theprice of recycla'ales down while the costs of collecti:rq 't",f?.=I.; vi �..� only incr -case. When and if METRO pets the go-a,,hrPi_d to builr, a transfer station in Tigard, otir mileage will ce:rtaanly be reduced. T;?is will result in less wear and tear on the trucks, reduced- fuel con- samirtion and lowered PUC fees'. A transfer station located in the Tivard area is probably two or more years away due to .the permitting and zoning rules and reCulatit The current incr fee is. ;a15a?3 per ton, The aria hrallJ.er , aro faced with a rate r increase. by MEIPRO of $1 .65 per ton at CITTO; effectiveJanuary 1. i This will result in a tippini lee of ' 17 , Pcar to?Z. No matter where the transfer station is located, tt.e cost Of disPosa]. will continue to climb because of the politics involved with siting a landfill and public awareness of alterrYGtive tern- G nologies. In order for' our ccmpanl to have adequate operating revenues and to enable future e �uix�ment purchases, :re f'cel -hat a rate increase Ef, 14% for resident,- and co1Pmcrcial accounts is necessary in thL" near future. ' Thank you foi- your prompt 3t u .ni 1C1n to this matter. Yours truly,- i l� LarryiSchmidt, Vice-president Schmidt` s Sanitary Service, Inc. k r Comparable Rates in R eFi-on G , one can r Lace Osw<.Vo . S . A t'. Durham (S -70 f r: Tualatin 6-95 Sherwcaod F, 9_r, ' �I :ling City <. ' S � f it Beaverton .90 i Portland Ounfranch-Lsc-d) 7. 50 6: f Cost or Operations Incref ces 4183 4/8-, ' E -tin.1 Vjagc's Gas and oil _2% Repairs 19' Leprec'iatxon um t� fees '3G` �r R O'.x `iC? e XT?C:n^e 10% Taxes, Lacca. s� 1:urc n c' 21% , Professional f e e f-iz 3 indirect ", These average a 22�,� increase in two years Dumy) Sees x'rorn ',April to November 1985 was $2.4,000 67 r ' l�P t la C!Ft'. r 'r C,j r�tlliit�L ' tt AN r rf -"r c'- : tJ,l 1• sed � ��',., 10 z t f � ' tri%., i !. 1 L� ,A ,:f��': 1•i.� � "• r l � , ,APor•';rJ Ai I 33 � 15 . t Pri r/ ,ANITPRY SERVICE, INC• _ -1E., L •.sr L, i OF OPER,ATI NG ?EVNU At lD 198 [ Nbd r,ded Aura 1 30, 13$ , 1983, 4 h �J 4---32l--82 --- -- 5 t}:�3 $275,.029 t - �19$, .:1 J 5 1 . ',?pe':'•-.tir',n; revc�r,l_TEs ----._ Direct c,-,Sts- � etc. 1 + , 1-� f 1 + 16n� ' � .�.v c,Y•i:' 10 j;l,_ J X 11 r'_ i,l ci if _'f,d Y,C=e 1 21, 061 J JS � ` q 3FZ� si`�g k. B�y 11, 273: 5 7 �.� C• C 1 _ 1'� , 3$97, 332- 5 5, 768 --- Fr-ar,ch i se `ees --- - _ 241, 'yam 152, Oz'I i1 U1Y'Ec - - Wages, etc. Of su�,p;,rt ��-�qj� 15, x',= 363 63; _ 1-q 616 9a i ;, 7 1 Personnel I CBT',5E'Sy dtltis _ _1v Ozi7 ,..7, 67 - jYlci l_l f'c'AY{C.:eiO� t. _- t 1 310 Q) , . 991" Q7'BZ fees 5 6 C$ 3 , _ 3$i , ,i7 , _ZTW 1, 4 TYltel-BSL Er�rr, 'e tB7 1, 1 3 -_— ), ct --- VIisceilaneous 40, 6 5 56,677 rte{:.al •,r,d i r•r_.r� crrst s ,_6, 03-7 _——---_-_ 2.24, 4..,4 t«s �e, a't•i n� c;,st s 178, 078 __---- -- - -- -- Net operating Ir',crsme' (loss) : bef i'r`e re.+.;-irn on invest- �t merct and r,®rT-opera w i n� 34) S'2o tr n) t'•$'23, it erils _..-_:.._._ [r,ves� rsent in eA�_r4pnier,1. � 1��=,69'� $94, 437 437 $159,557 sit �,r'l Oa.Z T",u�1 C•:.5t ,,,• _��s= -r=- �- - ( ar •„ i`-! fin; j SC.HMID i SnNIT,'RY SEW 1'C STATEMENT ENT OF OPER1A T:,;tG 7<<I._V'=,W,.1E E:XPENSES (Cash Years ended Apl"2 1 ��, .s`� i , 1` 3, 19]'i- aY7U 19Es5 4-30 -82 4-30-8 �` 4 -30- 84 4-30-B5 d i j X19$ 1 $cc1 r•6� r: 51, 433 x`75; K1�9 operating r,e-vertt.tea , ' -- i . Direct casts. t€t€ y. gus, etc., of Epp 'c t ing : f personnel>r_r;n21 �h*Z'y ! t:i 115, 271 140, 116 i6•::'. r - _ and oil 11, 222 9, 4S2 13, 345 1, 26C � 92- 024 30, S33 { rt�+ptiv'_ ° It:c'iif'"E�rt_,.ic.r--.. 1Q�, �3t 1 $, �-047 _, -902 3U, W. - yr Depr'ecia ioYl 1 , .`7:3 , - i�:�_sicS:3 --,f�i_=. 12,..iag 15, 097: i E, �7 ) ,..:, t;4t.:,. _. '7, 3 . in 1") Franchise fees 5,7Sa Total direct cOsts 152, 041 lw, als 215, 792 '4 , '4! n Indirect costs. Wages, etc. of " support 1=' 61E, 9, 7p$ 1..,, c.9$ 16, E•� s personnel � -• Office expense 2, ;q1 3, 008 Taxes, I icenses, ctn0 1 '� r- y t I ris t_t r-ans.-2 5, ,�4c- `-�i.. 17,7y OA !' :. . Rant g 7,71 i 4, 'SS 7, 9.�._' a x. Professional fees 1, 120 c, �8S 4, ul8� , 38 6, 517 7, 383 Interest expense _ Miscellaneous :indir-•ec_t 687 1, 129 8, 2h5 1, 4LS Total indirect costs 26, 037 40, 635 56, S70 56, 403 Total operating costs 178, 078 224, 454 272, 462 293, Net c.perat,i ng i ncrfinZs> (loss) before return of, invest- rner:t and r)on-operatin9 items $20, 24 (��, 7.34} ($20, 969) ($23, i-17) Investment in equipment -,160 692 �i81, �yt1 wG �.,r"igina�l cost 194, 437 $159,557 , _ � 'mac"if3'�3£t?.,r '�'bar`N��k�'". :S r. a '"art `"3^ + x `Ya.r-s �1Fcrtt:*i't�. .) .-.e•-y" E)v. c (sl Yd I)OMMM lh(k o I o—81, Anpr& 3 .i 11 IPI 111 1 1 111111;111111 1 1 1 1 1 1.FIJI] I 1 1 T �.'"..' — ___`-_.-„`._'°`_,`."='..^.'"""".....—. — "",n.=='= •.,.:"s (� 1 � I i.� . .[� L J ! `J � i.3 i7� 11 �m�rn��lirli�rii�►11]L1{Jli� UIJIIJOri�Tjl`IIIIrOT i1J1t1 lil oir a=i SII i!i 111 1=1 yl Ila ell 111 111 111 111 ryl 111; y NOTE: IF THIS MICROFILMED 10 !! .. _-.-.. 12 ;. DRAWING IS LESS CLEAR THAN THIS NOTICE, IT IS DUE TO - THE QUALITY OF THE ORIGINAL DRAWING. -- - _ OE 8z SZ Lz 92 GZ V2 Ez 22 12 OZ —6P 81 LI 81 SI Vt EJ zl 1! 01—6 8 iM11iu1huliHuhurlunlHx�mltildutlcti !1 i sci"'L`� cu�,wt i. c J 1 ..1..;moi Yd i 1 1 c 1 tiult�Mle�uulelMJiTil�luFFesuJewlunJnuiue�euduu9cnelcwiuulcc ci c uuucuuummn _ I s, L�LJLJLULJLJL—,x _ t PIL • • LLiz IT 4 IT n pal fA unAn4a1 - X11 w. �t�• PC i+. ttJ — r •yn __.___,;I,� EK 7 IT w..i !I L a I. 'Ll m y g� „ _• i ... ��''- mar .N, ��.0 •<,i�` v �'�a,. - 1 � l r:�w II 8 as:qod�'�� •' _ _ � �` �4�yy�- ��`b a wPLP •v i f R ,r i5 TU t/ Pq t� 5 � • a° E (; u " r.xnC___ _ LLx[ �_ ,tip �. iciJxG 8.; � ;a. r A H . . r w „ !�L � f-1 > 11l1f111111l101I. 17111I1I1 .[(TI�7�mtmlltl�iir+�t+1'1`t'1!►_'Tit+I+111it'I�f1��1+�+fr�1+�+PI�+11�liIIIITf.1j1I111fllll+lif r1�111(Iillltlf If 11 111111if411 ll NOTE: IF THIS MICROFILMED L- - .f. 2 3 4 _ _ 5 s.. 7 8 8 0 it 12 DRAWING IS LESS CLEAR THAN , Y ° THIS NOTICE, IT IS DUE TO THE QUALITY OF THE ORIGINAL DRAWING. z- --.-:. .---_ os--6z ez iaz sz- 4Z sz Z2 la 0z $1 91 91._sr_.-10 e1 Z+. 10 0f 5 ® -9 S e e __z 1,,,.>a, e �' y hmloulnnli� ._ ulw_1_�u�l lun tl11 IIII 1111 illltllll IINfk11 MAR 1990 � . r , CITY OF TIGARD, OREGON `. ORDINANCE NO. 83-- 19 AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE, CHAPTER '11, SOLID WASTE MANAGEMENT TO PERMIT RATE INCREASES. WHEREAS; the City of Tigard City Council has granted a franchise to certain haulers for the collection of solid waste in the 'City, and WHEREAS, the City of Tigard City Council has established certain rates for the collection of solid waste in the City, and WHEREAS, the Metropolitan Service District has control of solid waste site fees, and WHEREAS, the Metropolitan Service District has increased the rates for dumping at solid waste disposal sites. TPE CITY OF' TIGARD ORDAINS AS FOLLOWS: Section 1: Section 11.04.090(c) is amended as follows: Rates to be charged by the franchises under this chapter shall =be .set= by the City Council by resolution as deemed 'necessary by the Council. Exincreases in charges to the franchises for ,solid cc waste disposal. site fees imposed by a governmental age way be included .ire the rAtes by Council Resolution provaded such increases franchises shall provide are event distributed among the rates. The P sixty 60 days written notice with accompanying justification for all t,ther proposed rate changes. t . Section 2 The previsions under Section1 of this Ordinance may be applied retroactively fend cede effective as of February 1, 1983. a. PASSED: By unanimous vote of all Council members present, after being read by number and title only, this _26 day of Harcii , 1983. �t R City Recorder City of T' d Approved: Ey the Mayor this 28 day of, March 1483. Mayor City of Tigard ORDINANCE NO. 83- 19 (b447A) CITY OF TIGARD, OREGON RESOLUTION -NO. 83 3S A RESOLUTION OF THE TIGARD CITY COUNCIL INCREASING GARBAGE RATES. WHEREAS, on February 14, 1983, representatives of the solid waste dis- posal com¢anies serving the City of Tigard appeared before the Council to pre- sent evidence in support of a request for rate increases due to an increase „. in the amount charged by ;Metro at the disposal facilities for operating costs effectiveJanuary 3. 1983; and WHEREAS, the City Council recognizes the need for prompt action to ensure a timely "pass through" of this increase cost; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE. CITY OF TIGARD THAT: Section I: The Tigard City Council v{ishes 'to increase current garbage franchise collection rates toreflect a complete pass through n of the Metro increase, to be effective February 1, 1983. Said increases are reflected in the attached Exhibit W . PASSED: This ,,Z� day of k'9 Q ra 1, . 1983. ti Mayos ATTEST: City Recorder j RESOLUTION NO. 83 _ 11F �3, EXHIBIT ""A" SOLID WASTE DISPOSAL TIGARD-SCHEDULE OF RATES - FEBRUARY 1 , 1983 P<EST ENTIAL RATES One Can 6.95 On Call Service 3.50 Two Cans 13.15 Each..gdditional 6.20 CONIRERCIAL •RATES Number of Cans One Two Three dour Five One 7.40 14.55 21.15 28.10 35.20 TWO 13.80 26.30 39.25 52.35 65.35 Each Additional 5.50 10.95 1.6.30 21.70 27.10 k REM NO . EXHI(IIT "A" (COWT) CITY OF T1GARll COvTAINER SERVICE - LOOSE Container Size Stops per creek One Two Three ' Four Fine` One Yard 41.40 76.45 109.85 Each additional One and yams 48.25 8Q.60 126.95 164.20 196.35 42.85 78.75 113.05 146.20 174.90 Each additional One and i yards 54.90 105.95 151.55 192.40 232.65 Each additional 50.30 93.00 136.10 171.65 206.60 Two Yard 72.45 137.25 195.80 248.20 299,40 Each additional 65.50 120.10 167.45 210.30 252.25 �:. Three Yard 310.60 379.85 93.35 175.10 247.30 Each.additional 85.65, 162.20 231.85 300.30_ 366.95 Four Yard 114.25 213.50 311.50 397.50 476.85 Each additional 107.35 206.65 301.20 390.55 467.45 Fibre Yard 132.65 255.55 373.05 484.05 580.85 Each additional 128.20 242.65 353.70 460.10 559.40 Six Yard 146.65 281..85 412.00 533.40 651.65 Each additional 141.40 271.55 396.50 507.95 619.05 Eight Pard 177.30 339.50 492.85 639.55 776.50 Each;additional 170.20 325.75 472.45 612.20 742.15 CONTAINER SERVICE - COMPACTED Container Size Stops per week One Two Three Four Five One Yazd 95.55 175.55 251.50 325.40 389.00 Two Yard 144.90 274.50 391.60 496.45 598.8+5 .., Q Three Yarn! 186.70 350.15 494.65 621.15 759.75 EXHIBIT "A (CON'T) c DROP 'BOX SERVICE Drop BoxSize Regular Service Occasional Service Twenty Yard Box 96.35 105.40 43.90 Rental 4.00/day after 48 hr. Thirty Yard Box 123.40 137.95 58.55 Rental 5.30/day after 48 hr. MISCELLANEOUS RATES A) Court apartments r) One ,flight of stairs fine or more units ., 1 stop per week 5.50 G) Two flight of stairs 2 stop per week H) Return for pickup of B) Extra garbage per can 2.20 inaccessible can — e G) Call Backs 6.65 I) Extra distance- per foot after D) Bundles the first 100 feet E) Boxed refuse or an equivalent amount of loose refuse F 1 - t 4-iy OF TIGARD e OREGON ORDINANCE NO-78- ORDINANCE RELATING TO TEr_ ENVIRONMENTAL,.- REALTH .AND 'SANITATION ASPECTS CE SGILILD WASTE -MANAGEMENT IN iKE, Clik OF "TIGARD, OREGON,, INCLUDING .BUT NOT LIMITED T0. GRANTING -EXCLUSIVE FRANCHISES 'TO 'FEOV-1aDV�.-SOL1I3_"WAS`s`E. SERVJCE VITIiIN THE CITY; CREATING IN'EW PROVISIONS'; £E EALING ALL =OTHER CRDINr�X i' ES SAND 'RESOLUTIONS .IN CONFLICT 'PITH 'THIS ORDINANCE,, .DECLA£II'NG AST EMERGENCY, THE CITY OF T.IG<ARD ORDAINS AS FOLLOWS: SECTION 1. Short Title. 'l.inis ordinance shall be known as the ':City f Tigard Solid Waste Management Ordlxiaa_ce" and may be so cited ;and pl-ea.d-ed and shall he cited herein as :the "ordinance"_ SEC`_ �. Purpose, Policy .and. Scope. (') It is declared -to be in the public i terest for the City of iga.rd to esta.blisb this Policy relative to the matters of solidwar ste M a ha.gemeza t to: (a) Provide suff'icieni waste volume to s=u:stain solid chaste Management afac11i.t3es necessary --Lo achieve xeso-urce .re- covery goals established by ire- 'the city,, .coYz�xt,y Stage Department of nvi,rotimantal Qua.laty and W3etropolatan 'Service;_'Dis tr i Ct.; % (b)' P.rovi.de the oasis for agreements with other ;governmental 'units and persons for xegi,;onal fl.ow control to such u- cilities; (c:) insure :safe :accumulation., storage, col.lecti.on,., transpor:t•a ti.on,, disposal -or resource :-eco=,ery of solid waste,; id) Insure maintenance of a :fimancaally stab-le,, r•.el-i'able :solid waste collection amd disposal service,; 1.0 Insure rates that are J-us't,, fair., reasonable and adequate rL to provide ;necessary :set i.ce to the publatc:; ; (f) PrQhJibit rate preference and iothex d1scraminat-orY practices -which benefit one user at expense of other users of t'he service or the general publ.i c- (.g Conserve energy- and material xesources; (11) Eliminate overla.-ppi-ng s-ery ce to reduce struck tr,af -ac.,, street wear,, air pol.lu't-.oar xind nods'.; a (i) Provide standards for :solid �,aste .service and public re- sponsibilities; and y' (j) Provide tech nol-ogicmny znd economicalj -feasible r e- lector^s,. cycling by and through solid w stye col �; fi ,F ( onPerson fi .Provi:de :ser.Fr�ice,,; co:f f er .�:o provide sere ace or sad,ver t=i se .for :the ,.performance ,of :servace. c�riEthout :taadan� =.ot�taine ,a I- r :of' `Tk9a:rd. '. . (4 fxa ncY�`%se . roar •the ;Cats 'A.dcumL IAte„ Zt:ore:, .col act., :tr.anspo:rt._, :cixspose of £sir r`sour.:ee rttcover sel:; d .waste rexgept In eornplaance;r= raih this .O:r.drn;�rrxce® �jther �:Csty :(�ri�inances., 'end :snap rem orego�s' Revr=l sed :S tttuesE, dealang �i tip �solzd vzste .manage-- [nee -'n :r gujatJoras and . ezidmeuts �Prcmugmted sunder .aA.y A_nf the :foregotmg ECTIOU 3.. SP.'f.`131x'ti:or4S.. ( 7 fo�pe�xsa.txo a .1-ncludes.: , -aa � -q,,y t"yPe of 'consaderatlon -Pa:id "for .service :iapcludin,'g•, w ttx�aut 3i.n�tat on„ :rent,, -..ease payments, ani- .a.ny tether A',j .ec:t .or ;.ad rest _provision ,for ;payment of :money, otos,, srva ces .or ttOsnef'i is-;�y z�w*ners,, lt.ellanl s, .,,jessees,, -oc-- :cugan:ts ,or imflar persons-- "CV,') 'The zexoha rage cof es'ery ces $be.t�sreen ,persons,; :and .(cry 'The ;f3ow of ccsrxs chez at on 1.rom the Verson -owlfin,g ,.or poasess� g the scaled waste to the ;person ,�rov�k in., the ..servl-ce :or f--rocn ..the �perSOn Tf-,1D .Ldi ng' the :serux.c,e 'to the :persona owta`i;ng =off ;possess-Ing the >s63.1d ,wast e'. C,,- Counc-,L :of the f t y co'f 'y ax's 'The x.. .'ght -,to >provide :s.es Truce gran'-Led oto :!V. 'persou .phrssa.a>nx tto th,is cordTuary e.. _ ;(- `� :F?ea sore. An'Y talo-va i u l., pa�:tzzers is Pa, d-�las :cor�aora-- ti-o-P., ata".ust;, .:f :rm, test'at_e, -16 nt _venture :ar =pother -gau 1.:L or ( }) '. i-•.re y�a a,;le `Matexij.-... +Drganic -m t.eriOUs =t}an;t: _can decogp,.ose Gazer$ Y iv.e xls4 ;tta .f_oa snael ng„ ;o.ff.ensi:ve :.odors <or voduc tv:. es f cbbtalnng :usef vl ,mnter al oue Recovery. The.� a or =energy -.resources ;frons► tscli d waste :and .1 6 uci'�ssg ener•g:p re- ,ccsvery„ a -or fra:n rcg _ dret ials -re_coverr., l a er soald ,waste.. .er.ytc<alrtg apro.c ess ;key wh'Ith solid waste .��.�eria�S "tA_ansI_ax-med _Into rnewproduc:_t-s para .sudh a Manner that th.e ,.or_j,gi!nal yproduct_s :lose thelr ,deea'tIty i e.use_ `The .z;etuxn .o-f .a ,comrnodlty :.in'to the /,ecorlouji,c , treazn t r use .s,n ;the .zame `kInd to:f 'app.-J"c at;i::or �a.s °;be:frsre Ith.out ,a "?=P, � i N, .".The .cokiction 'and Lranspor.tat ion'� e-.solid 11d,_--waste �ty :persons ,'for compensation. (11.0:) :=Solid xWaste. .`A.11 ;gsutr.esc.ib.le :and ;non-rputrescibl.e wastes, }inclsad srsg ;.key not r _irai:ged 'to garbage, rubbish, ,.refuse, ashes, w step per :.and "cardboar=d: residential, },:coramerc;ial, `.indastria.l, de.nc�li:t.ion :and construction tirastes;'cdiscafded_home,-and 1ndusstx°1a.1 apj aaces; ,vegetable r.or ,animal sol.id._and'.semisolid wastes; 'dead .'a.n#m#ls, ::and _:o.ther ,v�astes. 'Ca:) :For the..purposes .of ,.this subsection, ''!waste" :.means:any` 'Irlaterial =that ds -no ,longer uia:nted ;by or _is s�o 'longer use- akrle '�y the generator.,, ,prL ducer or-sour-ce of �'the°-uaatea'ial , ,�ih cit mat Pari al :ii s to'be ,disposed _of .or`be .r..esource re- c aarered byanother person. The _fact the t:,mater ial-S, °WtNich °�wodld .:otherwise .-come Wi,thln the :d6fini.t. on -6f "^haste", .nay from time ,to ;time ::have ,va3ue and .thus'be =resource re- covered ..does -,mot remove `them `from 'this, ie`fi dation. : curce ..separa.ted wastes 'are "wastes"° .with, n :,this .su°n- :.sedtion. ,_(ti') ':The terra "solid t'waste" does not incl.dde :any "hazardous waste" ras e.dofined :by :or pursuant to ,®RS:Cha.p,ter �ba. "SECTION_.-1. ,-rrandh ses. (l) Sa la Pact to .the 1-provisions ro.f :this .section, 'this ordinarce, -the .City 'Chaster cane.any ramendments °,to :these f documents, 'there :is:.t-0eret�y • 'ranted .to «n -e.elusive vfranchise :to,.prov.kde ....:er.vice .,vii.ttsin :the exc.lus,ive .area:_,§hown'.*ithAn �a rMap _of :existing fmanchised areas .nn tine ,effe:ctive :f-date -o.f .tris :-ordinance, --which cmap is chereby _at:tached +hereto, -maned "Exhibit A" , :=add try -,this -reference ds ;her.e'oy 'inrorp.orat:ed 'her:e m ;(2) 'The franchisees ar°e: ,Area. z:I :(.a:) -Yrarik► s 'Disposal _Service, :'Inc.,, '3iex.b'"Frank, presi'cent, l SS :C :Srd :C€?1°ony .,'Drive, `Ti+gard, 'Qre;gora 97223 Area :11 (_ ) .,Hfller Sariita y Zervfce, Inc,:, Carl"Mill.er, Pr.es.idezats 764 S� C ' avi:tdl -Hi:ghway., "Portland, :'re. `>97219 vArea ;I'h_L :-SatItary,Servi.c_e, .,.Inc.,, John,'-S .hmidt, President, '2325 1S,Y:Ross,, "Tigard, �,97223 (3) 'Where ,,any :area i s acas�exed tto rile -City_,0 f Tigard=a n'tl =.the :aroma:taa'd "be-en ,franchised =:: y .Washin1gton :County .for :solid ,waste:_:c:ol1'ecti�n ;ser.v. r_e ;prior .to .,:annexation, -.the _.county `franchise be X.e:cogn-tzed :as to -:thy: area, ",_but service, '-term;-and '.cattier° :requirement= 'k _shall ?be .those .of ,.this ordinance :;If �tta�:.�are� '��a� :'frasa-c4Zisect Ito ;1-an.y z:01 'those .listed :in -.(2) :ot ��his :sedti.on. �ta� area shall be -added ',lay the :Ci.ty .Mana.ger by amendment 'to "Exhibit A". �"ar .persons tether .tham 'those -.Listed . l.n "(2) .af this.section, a.na.c- ceptanc� of .frandhise,must .be 's.igned and :re coa dcd ,as :�rovi'ded An "Section 7 sof =this ,-or.dinarlee. t:CO.r-ci inan ce "No. "78-1167:1Y �, ( `°P:Qthia ;�in ' 'his .' franchi§e-.car .'section.'shall: (:a) Prohibit :any 'person from transporting,,-:disposingre source -recovering =waste; oroduced .by himself so long as he:-complies with:this Oxaiinarsce, other City:Ordinances, and ''Cha.pter 459:Oregon "Revised.Stat utes, `dealing with solid• waste: management =anal regulations'.promulgated under any' of ..the .foregoing. :'For ,purposes of this subsection, -.solid =waste produced .by_ a ter,ant,; licensee, occupant: or "similar person .is.'produc`d. 'by such person',an&, not by`t the "landlord, ,property. owner :or :agent .of either the land"ord -.or ,proper,ty :owner. fib) s'Prohibit .:any,person from-,transporting, disposing df or ;:resource ,recovering, .sewa.ge.:sludge, . septic :tank pumpirjs and cesspool °p.umpings. (c) 'Prohibit any person licensdd a.s=:.a:motor:vehi.cle ,wrecker under.:ORS 451,,345' et. sea from ,collecting, transporting, disoosing of._,orutili.?in :motor vehicles or motor ve- hicle.;parts. 'd) rolai bit -the-,City,.Council fromwithdrawing certain solid -waste :services:-°by amendment to .this Ordinance on the basis of .a f i.nding :;tha.t. suc:x :r egulat on is notneces - sary for '.the implementation' 6f`:the, purposes of this 'Ordinance: or a:='city, Countyv.or Metropolitan "Service -District,Z61id :Waste Management"Plan. (e� 7'prohibit_:.any ,person. transport ing :solid waste throe h the City' that is :not .col,lected :within the City. (.'f; "Prohibit a .contractor employed to.-.demolish, :construct , ,or:°remodel :a.;.building _-or.--_structure, -.including -but-.:.not _limited to'land .clearing .operations; aad ,construction wastes, ,from:__haul ing--waste.-created _in..connection with ;suchreraplovment_..i.n :equipment::owned by the ;contractor. and v,perated bycontractors employees. (g) Prohibit -,the :collection, :transportation and reuse of re- .palrabl:e or._cleanabl.e ;discards by private ;charitable cr.ga n �a t ions regularly-:engaged '-in -such.-,business or activity ._including,_ without =_lirhitation, Salvation Army, Goodwill, :St. Nincent :Be Paul and _similar :organizations. (h) .'Prohibit .the ;cperati,on7.of, a 'fixed .loca.tion where,,,the �genera.tor, producer, :-source or ,fra.nchised collector of _soli.d waSte`.bri ngs haat ; !ante ;to .a: fixed location :for::transfer, disposal or .?resburce recovery; provided, however, that :the establishment. or :.mai ntenance ..of any such .Jocation ,brought nto:;being-'afteA April ;-I, ,1975, stall ,be only_-py permit _issued. by :.the City -Administrator. ._ (.i) ''Prohibi.t the,zollecti on, transportation car ~redemption of beverage .conta. ners_-under :ORS Chapter X459. Page °4 .Or'di:n'ance.eNo. i75�.1 c� ��) �rnh"�.kai� a g�ers�n �fr�nr �ra�sportia�� or�ispsssingof waste that he produces .as' an incidental part of: the regular- rryy g: ®r c she business of Janitorial service; `F gardening-"or'-landscaping see��ice;: :,r rendering. Require franchisee to store, collect, transport,' dispose of.,orresource- recover. any, hazardous waste as defined day or;,p=�'zsuant: tee' CiI3 _Ctt�agater 459; .Provided, 4c,vever, that fraazchisee may engage in a separate business of banding such wastes-separate'and: apart trcm this 'franchise. send ordinance 1) rash b t a noesprea it- charitable, benevolent "or civic organization from recycling wastes providedHaat such coli lection is not a. regular, or, periodic"busia�ess .off suchqr -ga.n:LZation and 'that, fob° allsuchcollection after April I, .1:378, ".a subs- contract,shall' be obtained from the :franchisee inthe" arra or,.areas to be served or 'that a permit is 'ob '-tamed.. f'roni.'the:City Administrator. (S} ,Where. a= permit: is required, from the Ci t yy Administrator, it: shall l be:.issued- only,.upona_a:, f finding tha.t''the service is needed, lsa's not been:pxovided'.b .the rra.nchisee or, in :th9 case if firmed base' facilities, 9 ot�xer pe so�xs'e ..,The City dministrator.,shall gi."ve'-'due consideration .to ,the purposes' of this crdina. ce. He ".--may.,atta.eh: suds`conditions as 'he 'deteraines are necessary: to obtain compliance with this ordinance, a,nd- may rester fief the, tens of .stacdl" ptarrisit. 'the aermittee will coy ply-with all alapli.ca.bl�e protrisions of this oi-dihance, (6) Solid Waste placed- 'cut for collection, whether or ascot source separated, belongs .to the ;franchisee :when'so placed or, where placed.out ;tor, collection .by a permittee, belesn to the.- permittee. '(7) . 'Not withsta.nding ether. prov-inions, of this section, of .the i.Council:,finds" that:on-route, recyclinuis technologice-lly and economically and :directs' that it. be 'instituted: (a) franchisees shall be. given advance notice of a.. hearing can the-'subject and .an opportunity to be heard. m (b) Zf, after the..,hearing and :on telae.basis of+ €ar.itten find- s kgs, he C`ous�cil direct; .the service be ,baa ovided p, the franchisees shall be given a r+easonaable opportunity to Pro-vide the: service or,-F7,,aiacontraet with other Persons,;:to -previde .it. tc} if, franchisees do not., provide the service, within the specified reasonable time, Council may issue a. ,franchise or. .fr anchises' for. that service and limited: to-on-route recycl,ing. .,#d :franchisee under. subsection shalt . comply cis th :all ppliczabl.e requirements -of .this ordinance. t ^age. b Ordinance' No -��= (d) Nothinig .,this-subsection sha.'ll•"prevent the Iranchisees from instituting on-route recycling prior to a Council determination nor ,from including -income and 'expense in the ,-rate ,justification section. SEC r(7Pd .5. Yranch-lsei.,Term (I) ', the rights, privileges and i-nitial :franchise granted herein shall 'continue and be in `full 'force to and, including the 31st day of December,y..I988.,subject to terms, conditions and payment of fr^anch ose fees to the 'City as set forth in this Ordinance. (2) Unless the Council acts to terminate further=renewals of the (ranch ses herein granted. each -January 1st, 'the Iranclaises�.- 'are .vutomaticalIv,-renewed for a term ,of ten years from January lst .rental. SECTIOU 6.' Fra.nch:i.se",.Fees. (1) .,Effective July 1, 1978 as compensations for the franchise grant--' ed to each Fran:chisee :a.nd for the use of.-City streets, the Franchisee .sha;ll pay` to the City a :fee equal.` to 3 percent of gross cash -receipts resultin; from the solid waste services conducted, undex the franchise. Such fees I:shall be computed on a/quarterly basks and paid Within 30 days following the end of e ich ,quarter calendax .year 'period. Each 'Franchisee shall 'ma.intain..au adequate bookkeeping system showing"theL, gross cash receipts resulting from the salid caste services conzduc*:ed`under the _franchise. Record shall be open at ,:all-braes `for auditby; audit by authorized _personnel designated by the City Administrator, (2) Willful misrepresentation of gross, cash receipts ;by a. Franchisee shall: constitute causs for immediate revocation of this franchise, pursuant to Section 3 of this Ordinance. (3) The .franchise fee shall be in lieu of any business license or regulatory :fee or tax, ;but shall not be in lieu of any ad Va;lorum ta.a:, Imposed by the City of Tigard SE°CT'ION °7. Franchise Responsibility (1) ` he' Franchisees. shall (a) esouree recover or dispose of wastes collected ;at sites approved by the; City that are in compliance 'with Chapter 459,` .Oregon Revised Statutes and -regulations ,promulgrated thereunsder. (ta) Provide and keep in force public liabilityinsurance with a` 30 day :cancellation clause In the ,autount of not :less tha,rt $100®,000 _for injury 'to a single person, 300,000 to a, group ,of. persons and $50,000 property damage, .all relating to a single occurrence, which -shall be- evidenced -key a certi:fica.'te of Ansura.nce filed with the City Recorder. Page. (, Ordinance No. '78-a fl The insur'anf- shall indemnify and save C a City harmless against liability or damage which may arise or occur from an injury to persons or property resulting from the i Franchisee's operation under this Ordinance. (c) Within 30 days after the`effecti.ve dateof this Ordinance, Pile with the 'City 'iRecorder a written acceptance of the franchise. (d) Furnish sufficient collection vehicles, containers, fa- cilities, personnel, finances, and scheduled da7s 'for collections in each area of ,the City necessary to provide all types of service required under this Ordinance or subcontract with others to provide' such service pursuant to this Ordinance. (e) Provide a cash security deposit: or a. performance bond in the amount of $5000 to guarantee payment to the City or ether affected person of a judgment secured against the Franchise holder because of work performed that does not conform with the requirements :of this Ordinanep or ether Ordinances of the City_ The de- posit -or bond shall continue until one year after ex- piration of the franchise or until all claims or demands made aga nznst the Franchisee have been settled or secured. (f) Collect no single family residential solid waste before 5:00 A.M. or after 7:00 P.M. unless this condition is waived by the City Administrator or his designee. (g)` 'provide collection and disposal of solid waste from all Citgo facilities, City parks, Citysideway: conn tainers,. and City activity area at no, cost to .the City on, a regul.kr schedule. (h) Make collections noless often than once each week, except for will-call collections and drop box operations, and ex- cept as provided in Section 11. (i) Permit inspection by the City ag the Franchisee's fa- cilities, equipment and personnel at reasonable times. . (j) Respond to allcallsfor special hauling requiring s equipment regularly supplied by franchiser within 96 hours :of .receiving said call unless a later pickup is agreeable to the customer. Special hauling of containers or drop boxes supplied by Franchisee is dependent upon availability of those containers or boxes. a (2) A franchisee may require a contract (roma. customer who requires an unusual service Inv6lving added or specialized equipment solely to provide that :service. The purpose of this subsection is to prevent the added cost from being assessed against ogler l . ratepayers' if the customer later withdraws from service. 'Page Ordinance No. 78-(a SECTIO k 8, mates !�' { ) The rates to be charged to all. persons by the Franchisee shall be reasonable. uniform and based upon the level of service rendered, haul distance, boeace�atratioen of dwelling units, and other tactors which the City council considers to justify var i`ations in rates that out weigh the benefits of having a single rate `'structure unless otherwise noted in this Ordinance. (2) Nothing in this Section is intended to prevent; (a.) The reasonable establishment of uniform classes of rates based. upon length of haul; tYpP of waste stored collected, transported, disposed of, salvaged. or Utilized; or the number, type and location of customers service; or upon other Tactors as -Long ;as such rates are reasonably based upon cost of the particular service and are approved by the t�ity Council in the same wanner as other rates.' (b) Thefranchisee (roar: volunteering service at ;reduced cast for the civic, commurnity, benevolent or charitable Program. (3) Rates to be charged ,by the Frauchi.sees under this Ordinance shall be seby the City Council by resolution as °deemed necessary o the Council..' `l'lae ra aclai ee shall provide sixty (60) days ed ri.ttean notice with sccompa Ytug.._ Us �tis�aa ti i pati cin i gar tion to oto tfa�_ rate :ehan.ges. °T he Council sha.l;'l gi.-ve'due co ns: de Pub po:9'c s 6f tuhi.s ordinance and the direct and indirect cost to franchisee of doing business including, without aimitatiorn, investment in and cost of .disposal or,resource recovery, soundnes of management , resource recovery revenues, ;services of management ement cost of technological-changes, casts `of meeting government reg-- hl.a lions, projected revenues and expense of providing service, cost of meeting growth in service or capital budget, rate for similar services •i_n `similar areas, a reasonable e retarrn to franchisee on the business, length of haul to disposal faci.l ties cost of use of transfer or transfer facilities,i'uture service ; demands, extraa, charges for off-day pickups, 'janitorial services picking uta wastes around cans or other containers or boxes, aSaturday- or holiday surcharge where such service is provided, minimum use of drop box service as a condition for providing the service, and a .surcharge for blocked 'access or container, can or drop box not ready to dump 'based on time and expense. (4) The 'franchisee shall be provided with 30 day prior written notice with accompanying justification for a. City. initiated reduction in rate schedule. 'ago & Irdinance ;No, 7, �� Unlessgocsernmental unit or legislative beady has raised or lowered the cost of t.o idisng service or there is a substantial increasel n the cost of doing bansiness that was not provided for in the previous rate adjustment, rate. €adynnstasesnts small be made annually on the following schedule. (a) On or before -Sept. lstj the franchisee shall. supply 0. repo-t`; of current income and expense together with pro- for ctec' iacc a and expense for the year beginning January r th I and ending the following December 3l d together �arep existing and proposed rates. Icncrame anti ea.�a�nse reported may include any or all of those listed in (3) of this Section and other- applicable icable tea the franchised business a .scat year franchisee shall. estimate revenue and expense from date of actual. expesnse and income records to s June 30. (b) The City Administrator shall report to the Council by October. 1 on the franchisee reports and propcase rate � adjustments, if sany. He may make such recommendation a as appropriate to the rate Bete ainatican. � co sy shat] :fie delivered to each franchisee. r''(c) zhe Council way set a. hearing onany proposed rate .� i adjustment. �. ` (d) Unles3 there is good cause shown and, recorded in the ' k: Minutes of the Council, the Council shall act Won n any ; rate adjustment by kiovember 30 and the adjustment sha.l.l take effect januasy 1. Rate adjustments shall be by resolution and order of The Council. a (e) The reports are required from each. franchisee regardless of whether or not a_rate adjustment is requrested. (6) Emergency rates or an interim rate far a new or altered service may € e set- by the City Administrator provided, however, that an emergency.-or interim 'rate is not valid for more tb.o-ra slx months from the effective date. The City Administrator shall report any emergency or .interim rate adopted together with justification -to the Council for action by ;resolution and � order,; If the rate is to cosnti nue for'more than six months. (a) Rates established by the Council are fixed rates and the franchisee shall not charge more or less than the fixed rate unless pursuance to ,(2) (b) of this sect:i€ nx (8 Nonscheduled sery i cos shall be charged at the reasonable cost € f providing the service taking ,into consideration the fac- tors in (3) of this • ect.ion and as determined by franchisee.. Verge ( � c � (9) In ,establ&:Laing rates, the Council may set uniform rates, Uniform rates by Zone and different rates for collectors r. rdhere there is a service and cost: justification- (10) Until changed ,by the Council, rates to be charged are those in effect on the effective-date' of this ordinance. A schedule of those rates is attached hereto, narked "Exhibit B", and by this reference is hereby incorporated 'herein. (11) If approved in a rate schedule, a "Start Charge" for new service :and a "Restart Charge" for reinstituted service may be added. (12) Franchisees may request and the Council zhall schedule a. public hearing on "a: c' a on for adjustment-or action of the '- p Council. where no public -hearing has been Feld pi to rate determination. (3 ) Franchisee magi require payment for residential and multi family residerntial service up to three months in advance and may bill up to three months in advance, arrears or any combination. Where billed in advance, franchisee will. refund` a prorate portion Of the payment for any complete months ;in which service :is not to be ,provided. Where billed in advance, no rate adjustment shall be effective until the end of the advance payment. (14) Any person; who receives solid waste service from the: Franchisees shall be responsible for pavment for such service. The owner of a rental or lease facility shall. be liable for payment for servicer provided to a tenant of such dwelling if the tenant fails to make timely payment ;for such services. The owner of any multiple unit rental or lease facility having two or more units shall be primarily responsible for services pro� vi d to the occupants of such facility and shall be billed for the services. (15) Franchisee may charge at time of service; for drop box service or for any customer who has not established credit with franchisee SECTION 9. Transfer, Suspension. Modification or Revocation of Franchise. A (1) The Franchisees shall not transfer this franchise or may portion thereof to other personas without 60 days prior written notice of Intent and the subsequent written € pproval of City Council, which consent shall not be unreasonably withheld. The City Council shall approve the transfer if the transferee meets all applicable requirements met by the original. Franchisees. A pledge of this franchise as financial security shAl.`' be ,con- sidered as a transfer for the purposes ofd this subseation. The City Council may attach whatever conditions it deems appropriate r to ;guarantee;maintenance of service and compliance with this Ordinance. Page' ld"1 Ordinance N 7� (, (2) Failure top cornply'°�;�at4a a written notice to pi 4i.sie the services th S Ordinance or to otherwise comply with the required Sy i provisions of this Ordto ce ply n shall be grounds for n;odLfica-- reasona'ble opportunit o3 comply tion, revocationor Suspen sion3 of frarcchise. (a) After written notice from the City Council that such grounds exist, .Frazkchisee shall. have 30 days from the, date of m il,i.ug of the notice i n which to comply or to request a public hearingb6f6re the City Council- (b) ' ou nc.il -(b) ' If Franchisee fails to comply within the specific .tire or fails ta�< c TOly with the order of the City' Council or nsppn tie basis of written findpublic ings at the publ hearing. the Ci. Council may suspend, modify or revoke, fran.ohise or make such action Contingent upon continued noncompliance. (o:) At public nearing, Franchisee .and other interested persons s .Shall. L n ae an opportunity to present oral., written or soctzrEneut'ary' evidence to the Ci.ty►, Council- The finding or doc City Conn cil thereon small be conclusive; prop Ided, however that snaoh action say' be reviewed by R court on a grit of review. (d) In the event that the City Council °finds an i.rmmediate and seriousdanger to the public through creation Of :a health or safety hazard, it may take action to alleviate Such conditionwithina tine specified in the notice 0 the ._r Franchisee- and without a Sublic; hearing prior to taking such action. SECTION 10. preveentimm z�2t�r�l1�t74Yn of Service. The Franchisee agrees as a cannditiorn of franchise that whea�ever the City Council finds that the failure of service. or th.reategzed failure �+� service wca�nld. result blic in creation of an 'immediate and serious health Raaf 24 ho serious l nota nuisance, the City 'Council may, nater a minimum ,oaf �� hours Victual notice to the Franchisee and a public hearing' if' the Franchisee requests it r or authorize another person to temporarily provide the service or t�.provide o end a ague not er pland _faciai:ties and equipment of a Franchisee to provide emergency service. , The City Council shill retuthreatened ta. neat' seised p roperty and business upon abatement <of tine- actua dr thx°eatened in- terruption of service, and after payment to the Cita for any net coast incurred in the operation of the solid waste service. SECTION 11. Termination 'of Service. The Franchisee shall not terminate ervice to all or . _a>porti.ou of his customers unless: (1) The street or road access is blocked and there- is no alternate route and provided that the Franchisee shall restore' service snot later than 24hogs after street or road access is opened.; Page '1.1 ( r)rdinarnce Uo. 78-j4T. 7 • I°D• J flee �`rannchisee, e:ccessie�e weather conditions i (2) As determine by service unduly hazard.aus to perscs�s providing t y ac- renter prcvi�iisng servile �� o the pulalic or snacha a tact&God. acpubldicbeaei a E e*dents or ;casualties caused by or a. vandal'; or, road access is blcct.ed. after a regular ( 3 �� Custcer has hct paidcr date provided service � s billing and after � seveniday written noshall not'be seatcless�ttaacnef iYteexn 4 of mailing which ncti e3 r days after the first regular billing: �•ri tt n notice ,is give tis t.1e City Cousnci:l. and � (4) Ni aety days rctal, is obtained fro% �. to affected customers and written app the City Council.. comply with the serviIce standards of The castor. ) aces not � �ectic�n �l�) �� the ors�.ia�a.nace. SECTION2 . >xx�accntra�c�ts. The Franchisees may srs ubccaisee t ono shave chill y. Such the Subcontract shall � to provide 1 a �bcontz of the service where the Franchisees do not have � the tne�cessaAy equ,iprmen.t Or servics cep forproviding unci Uot relieve the Franchisees Pf ta�tal �espitl��th �tCkrdinan.ce. r .� from compliance taineta inang service and C Admi nistrator. shat l enforce SECT l d g` . �.aforeement € f fi:ce s 'i�Se qty dice . �.cvi:�ac�ns c"�-this ardina.nce, and .leis agents�nter��f�ectesi premises ta�. f lr� ees so designated,; may. sti iPers sed Wither ;_emp ! Urpose �s deternaniraixag de�nnpl iaalce with the J t reasonable ;a es for the P � _ provisions and terms, of this Ordinance. '�7xe City Aeiministra'tor or his designee rt dC l� 1 Rules and fie_ lat..c�ns �, a�rt�.lhi�ag to this Ordaaaancd �. may pr.opo e -and prepare rules arab regula,.d or p� e aratten and he Maa.0 The the �.nd regulations _shall be prinste� far ty�eccrder. fill. proposed L as ed dei inspection the offiatecice of the City x�zz�3er the authority of flys section and p=ules and regulations ons Prcx�°ulg � forwarded to the Franchisee all amendments thereto shall he in n.,rliately ��s Ordinance for his response. The �xanch see Shall, operating �.ndc ��s� sucproposed rules and regal utiOus have 30 days to respond i n Wri ting ►ezadxaae:nt�rt�er�:tca shall he approved `l"h.e rules and regdtat�orns and saianyd period. by the City Council gol,lowi.nag maid 3� day n to BIACI'IOPT lam. Curs Ccllecticsaa Limitations.rc�sul�atedIII pursuantctheretcs a c��n:e a Chapter 455 and regulatia�s p Section 15 of this ordinance: ur uses Of this ordinance, to prevent recurring l To a.chievo the p p back and other injuries r� collectors and ors om thesState comply with safety instructions to COI lectors from teQ healthhealthand Accident'lnslara.rnce Fund; and to comply with sa environmental Safeguard; a Solid waste cans shall. have a r€�s�rad bcthat sides .taper. � 3 that provides for ing outward to the opening at th tQp unobstructed-dumping�of theac ntenfttin alit �ril;taolaazadl.e, handles<oxa caapisite amide , not exceed 32 gallons ca.pa.city of :die watertight ig ccxn- -struc�t io n. genas shall he wade e�� metal .��° some �iid Page 12 Ordinance No, ' 8__W_j E mater Y&I tlh!i 6 %v l l not crack or aL eat J:U freezing weather and be waterproof, rodent resisted, and easily clean able. No solid wase can or sh:�ii exceed 60 :pounds grass loaded weight and putrescibte material (garbage) <: shall be laced i�: plastic bags or securely wrapped in paper ;after being drained of liquids. ( i) Sankey refuse .gens or containers shall not be used., unless they are placed above ground by the owner for service. (c)' On the scheduled collection day, the user shall. provide safe access to the pickuppoint which does nol t Jeopardize the safety;of the driver of a. collection vehicle or th- motoring public or create a. hazard or risk to the perscm providing service. Cans must be in a visible (from the street or alley) location which -may be serviced and driven :to by satellite vehicles where pra.ctical.. Access must not require the collector to pass behind an auto-- mabi'l.e or other' vehicle or to pass under low hanging-, obstructions :such as eaves. tree branches, clotheslines or ; electrical< wires which obstruct safe passage to and from crus. Cans must he at Iground level, outside of garages, fences, and otter enclosures, :and within 100 feet of the street right-of-way or curb. Where the City; Manager 'finds that a private. bridge, culvert or other structure or react is .:.racy^pable of safely carrying the weight of the col-. lection vehicle, the collector $hill not enter onto such structure or road. The user shall provide a. safe alternative ,... access point or. system. (d) All solid waste cans located at single family residences shall be placed togehter -i.n one authorized location on the regularly ,scheduled 'collection day. (e) All solid waste receptacles, '`including but not limited to ,ca.ns, containers, drop boxes, shall be maintained in a.' s'af'e and sanitary condition by the customer or user. ('f) Solid waste service customers shall place iters not in--- tended for pickup at Least three (3) feet frena: solid waste can(s) or coatainer(s) (g) No person shall block the access to a solid waste con- tainer or drop 'box. (h) No person shall; deposit material in or remove material from any drop boy: or container supplied by a franchisee without permission of franchisee. (i) No persons` shall take or remove any solid waste placed out for collection `by a franchisee or Pe i.'ttee tender t'J_ this ordinance. age, 13 Ordinance No. 7E3- ��'�� n . t ll a (a Ido p�son' shell place any hazard us m�a.s3;e as defined by or pursuant to ORS Chapter 459 out for collection by j another ersou, franchisee or permittee or ;,lace it in any her pesze�° saspp'li.ed by such a person, franchisee or pest tte without prior written notification and me t ceptance by the person, franchisee or permittee and also upon comp14&nce with any re�;nirements of ORS Cfsaiater ��J and any rales or reguYations thereunder. i ( t1 pzat�°escible solid. wastes' shall he removed from any premises at least once every seven days, regardless of i whether or not confined in any container, compactor or drop box or can. (1 No person shall use any solid waste collection container SUP- of one cubic yard or more gn capacity `unless it; is sins-- alied by tine franchisee or Is approved by him on the basis xnga.tibili t� , availability or of safety, equipment c© equipment and the purposes of this ordinance. (ate) Containers (and drop boxes) shall be cleaned by the { customer rax riser, provided, however, that the franchisee shall paint the exterior and grog i.d normal anaintenarce. The customer or user shall be liable for damage beyond reasonable wear and tear, j (n) Containercustomers shall supply a location and properly maintain containers so as to meet standards Of the Consumer r Products Safety Commission. (0) All loads of solid wastes that may scatter, blow, leak or otk�er�vide escape, and whetter on callection vehicles i or others, shall be covered during transit to disposal or resource recovery. f (p) ' o person shall install a stationary compactor for col- lection unless the franchisee has been notified and has 1 the necessary equipment to handle the solid wastes. ( ) A container for hazardous or other .special wastes shall be appropriately labeled and placed in a location inac- cessible to the public. If the container is reusable, it , shall be suitable for clean and be cleaned.. (See also requirements of ORS Chatter 459 and 'rules and regulations } thereunder).' O No stationary compactor or other container for commercial or 5 industrial use shall. exceed the safe loadizxg design l ir a or see operation of the collection vehicles provided dry the Franchisee serving the service area. Upon petition of a:group of customers ', a re- reasonably re tairIng special service, the City Council. May re- reio the franchisee to provide provision fear vehicles capable h aA' handling specialized loads i.ncloaclizap, but not limited to, front loading collection trucks and drag -box trucks and Systems. �^ Page 1 Ordinance No. 78 (3') To p"evet.t to users and collectors, stationary inexries co spac in® rt varices nor handling solid waste's shall comply itis applicable federal and state safety regulations. ` ( Any a etzicle used' by any �sarsr�re to transport wastes shall be rev lis ded and operated rated as to pr evenv the wastes from drip- r esda.ping r p ng. dropping, sifting, blowing, c, otherwise f';rtrrs� the vehicle rsnto any :p�.thli.c right-of-spay' or lands - adjacent thereto. SEC sl a� 1� of Waste Prohibited. No person shall have este €i property goat is offensive 'o hazarres�zs � tie, health � ° safety of others or which creates offensive odors dr a crzndi�i®�a of un- of sightliness. G'�°IC3:i 1? Unauthorized deposit prn�aahi�ted, No person shall., without iutheari.zabion and compliance the di.spoval site requirements of this rdImance deposit waste on Public property or the private property of am then, Streets and other Public places are not authorized as places . co dE c�sit' waste except as specific provisions for containers have been made. Tactior. An finding by a court of competent jurisdiction SECT ;ii��i sany portion�;oon �nstac��this �rdicsaaace is unconstitutional. or invalid shall not invalidate any Esther provison of this Ordinance. SECTIOLI- 19. Penalties. Violation by any person sof the provisiol's Of eFtion. 2 (Tr Er_ Section 15 (1) ('g) throu h. (k) and ;(m) through (0) ' 'his11 Ordinance shah ne deemed to ;be a mi.sdeameanor and shall be _ punishable upon conviction by a. fine of not more than Five Hundred Dollars ($500) . SECTION L! 20. azer encv Clause. `Tri provide ;for _safe and sanitary solid taste ma.n.a erneiat in the City a.nd thereby preserve the health, safety and welfare of the residents thereof, an emergency is declared to exist and the terms unci provisions Of tkais Ordinance, except as expressly provided otherwise in Section 6 and in �ect3 ou ��, shall Seca e effective �e Upon enactment of this Ordinance. PASSED: y P r ��x c vote of -al.l Council eresnbers present, after being read two times try .number and title rnl.;P} this day of 1978. .ec�s�rder -pro-tens Oita of T ga.ri day of -CILS 1978. �7 APPROVED: By the Mayor this - s v Mayor City a�f�Ta�ardf .' ge 15 ,�rdinance No. 78__L_)9_ CITY F j��ARD,l1REGC1_ Ca£, CIL AGgpA ITEM SUMARY R AGENDA OF: March 10 198 AGENDA ITEM N: DATE SUBIAITTED, t.:krch 4 1986 PREVIOUS ACTION: isonr� ISSUE/AGENDA TITLE: i.t}8J Quv±am Annetcatgon - ?G i—£t� _ PREPARED BY: Elizabeth __ NP- ton REQUESTED BY: Pro�aer� �ne�s DEPARTMENT HEAD OX: � � CITY ADMINISTRATOR: : POLICY ISSUE t,y Council modify an Should the Gzannexation' request by A property owners to include non--consenting ;property owners to form a triple majority annexation? INFORMATION SUS` ARY Attached is a memo outlining art annexation request involving 1:0 parcels located south of Durham Road adjacent .to SW 10£th. the annexation requests totals 3s3- acres assessed at approximatelw $509,300.00. The proposal submitted is shown as Option "A" Also attached is a mala slowing rpti.on "B" sv�aie�^ irreaicates `properties that could be added to the submitted proposal to form a triple majority annexation. -- ALTERi3A t IVES q2% ICERE 1, Direct staff to prepare a resolution to fora-aard Option "A" to the Boundary Commission, ), Direct staff to prepare a resolution to fcr-ward Option "D" to the Boundary 'Commission, to be submitted at a new public hearing. . Direct staff .to prepare a resolution which modifies Option "B" for submittal to the Boundary Commission. to be submitted at a new public hearing 13UGGESTEtJ t3CT2,A1 1 Direct staff to prepare a rasasuA.�lors to forward Option "4� to tete Boundary Cotn�t i�s ion. MEMORANDUM _.., CITY OF TIGARD, OREGON! f TO: City Council Niarrch 4, 1986 FROM: Planning Staff SUBJECT: Annexation of property at 108th South of Durham 'Road r The Planning Staff has received an annexation petition to annex 38.95 acres into the City. The property is located south of 'Durham Road adjacent to SW 108th and is shown on the attached map labeled Option "A" There aro 10 parcels involved for a total assessed value of approximately $609,300.00. ` All of the lots have been signed for, with the exception of one. That parcel is jointly owned by several people and one I of the owners is in; the process of f obtaining power of attorney to sign for those individuals who do not reside in � the local area. option "B" indicate the lots which have been sigs7ed for and parcels which couldbe added to form a triple majority. The total acreage of the lots that are shown as added is 38.45 acres. That is only 5 acres over the 38.95 signed for. The triple majority method will not allow the Council to add more than the total of 38.45 acres signed for. The ownership, acreage and assessed value for the lots shown as added on Option "B" attached are as follows: 1. 2.0.49 acres 1 Owner $ 27,000 2. 2.85 acres 1 Owner 55,00€ 3. 1.19 acres 2 Owners (each count as 1/2) 63,800 , 4. 2.29 acres 2 Owners (each count as 1/2) 88,500 5. 5.82 acres 2 Owners (each count as 1/2) 109,400 6. 5.81 acres 1 Owner 98,700 TOTALS: 38.45 acres 6 Ownerships '$443,200 Assesses! Value The Planning Staff requests that City Council review the two options presented and direct staff -to prepare a resolution to forward an annexation proposal. to ' the Boundary Commission. if the council chooses Option "B", the staff's proposal could be modified as long as no more than 38.45 acres, $609,300.00 of assessed' value and 10 ownerships are added. In addition, should Council choose Option "B", a new public hearing notice will have to be prepared and 4; :ailed to set the public hearing for the modified proposal. (EANibr/2400:0) r T - ATnda fill lyllJill Illl+lo +I+�IIi Il��lll +lll++I IIt:IIP1m m Ili Ill Ilr , 11!11-1 ( ��Iii � j � ��I'll I l � 1—I11 � + Tj�+�+Ii�+B��+l+�+Nj'111 +I+�+hf.+I+I+1+I+1+�+1+�+1t,+1�'+I+�+i+�+I��+I+�+I+�+1��Ftl NOTE: IF THIS MICROFILMED11_. ..._-- 12 DRAWING IS LESS CLEAR THAN THIS NOTICE, IT IS DUE TO ' THE QUALITY OF THE ORIGINAL DRAWING. OE 6Z 8Z LZ 9Z SZ OZ .-EZ tZ IZ OZ 61 81 11 --91 Sf bl EI ZI If 01 6 e i9. S 6 E Z I +� F nlfiulhal�wdml�uuluu�ilulpr_�nit�i#fitn111u1+ MARCM1990 --_ °y 0 CENTURY �E• `�`x �w c �•i °4, a .CEN •'� 9 RD. ®e ni 2 ry •�YQ SERENA �4 Y r 0 \ t of r S.W. COOK _._ ----- y S CT. 3 - PICKS CT. / � Y SER NA � u 111 �c :.AVE. -~ ------...------- {Q�.Z `iI- 'I'll• 2 c� 3 ru < �y Lu N QTY S,N RIVERWOOD 3 m G Denotes Property GFF Owner(s) have 2 signed for n annexation 'Z m• TUALATIN — ; RD. - 2 I S . GRAVENS ST. III d i j I s z \ i w i r i i U �( j -_�� • HAZLEBROCK RD. ' ! .mss—.�_.•.--- - .,. ^"------•"--- .a...,a.x�.,,_�,;,..,c ;,,,., ---a.-.._.___. <. .:: (all}-fa►iIll}Ililt 11}ya!(11}afl lIfl}la/I taill it Ifl a!7 f m 1Ta 111 111 i 7 t lal 1 I t t I _ "•-- a.,� —. lai�l�llalla�[aaallll�auilaa�ah}.rlt�lao}aalilil}aa�ifalala�laa}Ill�llailla�aaa}aal , NOTE: IF THIS MICROFILMED ---- ----.._.}. 2 3 4 ... _ 5 _-_s- 7 ® g 0 DRAWING IS LESS CLEAR THAN THIS NOTICE, IT IS DUE TO ! - TFE QUALITY OF THE ORIGINAL DRAWING. .__ --- -- -----._-_ -.. _ -... _ _ t Z CZ 8Z SZ OZ EZ ZZ IZ OZ of ! BI CI 91 Sf' bl EI LI If 01 6 ® 1 —9 S b E -Z Iii ,aaa RNllaa la.al.ul h......1....r .a ! I 1 a aiUfla�a aajaaa f aaB 1 rMEMO. 91al�aa�1�11F1 OE 6Z 8 t' " Iw • ^-^^"rs+ "�,�•-ems+-•�..m�-�-�_"'s�....-.-..-.�.�-.�..,-�_��_.-_.-_..�_�.__. MEMORfi f CITY OF TI;GARD, OREGON TO; Honorable Mayor and City Council March 6; 1986 FROM -: Loreen.Wilson, Recorder SUBJECT* ZCA 1-86 Update After packets were prepared, staff received the attached memo from the applicant, Mr. Kenneth Waymire, requesting no hearing be held at this time on his zone change annexation request, At the Planning Commission meeting of 3/4186, the Commission vot ed 'to deny the current application Mir, b�!aymire may eitherappeal that decision to lee City Council, or may prefer to resubmit an application to Planning Commission at a later date. Whether an appeal or resubmittal process is chosen, a now public bearing would need 'to be advertised. Ontil. Mir. Waymire actually files some action with the City, staff would 2 recommend Council -discontinue any further consideration of the issue at this time. lwl3$88A f 1 f�. March 6; 1986 City of T .garS 12755; SW Ash Ti ard$ OR 97223 ATTENTION: Ci?y Recorder RE: # ZCA 1-56 Pleas postpone the above application until the Planning Cor�aission can review the >pianned 1)evelc�p ent/Subsdiyision proposal. This will not be until. April Sth or I-lay 6th'. iandr you for 'YOU cooperation. Since=rely, Kenneth b7aya?ire Y-Wsdmj v c rs Ae CYLIMer, 17 IIlfi 111 111 IIl( Ill I1 If i- 1Fla I jIF i I-1pilll ll61[II' � I i (I. J .. (.1TTTT�"►PIm(Ilf�!'�Iijj�i��111�1�(Il'I'I'1'I�RIi11111irL IFI'i1�ll'I'ItLF!Ii.FIFjFIIS'I'1'i'i'l',�'l'1'l'1'I1iil'('lF1'l')'IIiF" , .. � -. NOTE: IF THIS MICROFILMED _.._ _._.._. .I. T 3 4 -- -_ 5 6- - 7 8 8 {� ftk A& II 12 ; DRAWING IS LESS CLEAR THAN THIS NOTICE, IT IS DUE TO - - - THE QUALITY OF THE ORIGINAL � � _. 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C: j F � I , e ��i� � t � �� I � SII 9 1 NOTE: IF DRAWING LESS CL DUE TO I�-.-- --.— 6.. _ 7 6 9 -OTHIS DRAWIrlli IS LESS CLEAR THAN , . IT THE QUALITY OF THE ORIGINAL j DRAWING. -- _— __ .. OtE 6Z 8Z LZ 9Z SZ - VZ 6Z ZZ 1? OZ 6I 81 LI 91 SI'' ba El- 21 it 01 6 8 1 .__9 S . . b E Z I*+i a - - aa® -=_ - -- i�pe911a11111Ip t149fr�tlllalitttN3Hi8itNldlfllt3talalilaetlllttAillPltlaa uedouLutafcleah��eL�aduu9eauSwel�ld INaIIaIHI tl lJylflu"1111 It 199:0 -----f 'Ma 'ARCH }'k CITY OF TICARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: MARC" 10,1985 AGENDA ITEM: DATE SUBMITTED. February 3, 1996 P7EVIOUS ACTION: Budget Committee ISSUE/AGENDA Ti TLE: SUPPLEMENTAL recommendation January 29, 1986 BUDGET FISCAL YEAR 1985--86 PREPARED BY: J. Widnar• DEPARTMENT HEAD OK: J. Widner CITY ADMINISTRATOR: �POLICY ISSUE To continue City policies. INFORMATION SUMMARY' The Budget Committee met on January 29, 1:86 to review the proposed supplemental budget Por 19855-86. After reducing General Government expenditures by $5,000, the Budget Committae recommended a supplemental budget to City Council. The attached resolution is a result of this 'recommendation. ALTERNATIVES CONSIDERED 1. Recommend the supplemental as is. 2 Revise the SLIPPIementUl. SUGGESTED ACTION I and the Budget 'Committee recommend passage of the attached resolution adopting r, supplemental budget for fiscal year 1985-86. 1Y of 11i:n11) <)HItrfN C70UNCLL AGENDA �TEP1 SUP9►F?4t� � �,` 1986 AGENDA ITEM d3: AGENDA Of': March 10, --- T`q 1986 PREVIOUS ACTION: Submitted to Council on , DATE SUBMXTTED: March 6, 3/3/86 for receive and file ISSUE/AGENDA TITLE Lincoln Savings `; - &' Loan Status P4tEP€aRE(3 @�: William A. Monahan � REt,�UESTED BY: --- a 11/ CITY ADMINISTRATOR. DEPARTMENT HEAD OK: POLICY ISSUE _--- -- INFORMATION SUMMARY ' r a'. s"or S 1-86 signed The Council, on 3/3/86 received the Final Order Savings & Loan to build an 18 lot subdivision. Fehrury?Sm to allow Lincoln }.3U P.M. al is March 10, 1986 at The deadline for the filing of an appeal councilor Brian was contacted by NPO #6 which expressed concern about this approval. action, shau since this is a Final Order of a Planning Commission ld an appeal be filed, the ;natter would he heard by the 'City Council. To date, { an appeal has not been filed. ' Should NPO #6 file an appeal., the Council can then determine if a waiver is justified. ALTE#YFd€§'TTVES CONSIDERED 1, Take no action. 2. Consider a waiver of fees should NPO #6 file an appeal prior to 4:30 p"q, March 10, 1986. e.. S 'GGESTEf,D'ACTION Staff recommends tkiat the Council take no action. CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER - BY PLANNING 00I*LISSION I. Concerning Case Number(s): S_1-E5 2. Name of Owner: Lincoln Savings &>;Loan 3. N rre of Applicant. Same — Address 10250-'SW Creenburg Rd. City Portland State OR Zip 9722.3 4. Location of Property: Address hest of 92nd Ave. between Kneeland Estates II and Cook: Park Fax Nap and Lot E'o(s). (2S1 14A lot 900) 5. Nature of Application: Request 'to divide 8.68 acres into 18 lots with a:minimum size of 7,50£3 sq. ft. - 5. Action: Approval as requested WApproval with conditions Denial 7. Notice: Notice was published in the newspaper, posted at City Hall and sailed to: XX the applicant owners XX Owners of record within the required distance XX The affected Neighborhood Planning Organization XX Affected governmental agencies 8. Final Decision: THE DECISION SHALL BE FINAL ON March 10, 1986 UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision, and statement of condition can be obtained from the Planning Department, ;Tigard city Hall, 12755 S1: Ash, P.O. Box 23397, Tigard, Oregon 97223. 9. Appeal: Any party to the decision may appeal this decision in accordance with 1€.32.230(A) and Section 18.32.370 *whichprotides that a'a written appeal � may be filed within 10 days after notice is given and sent. The deadline for filing of an appeal is March 10, 1986 4:30 'PH 10. Questions_: If you have any questions, please call the City of Tigard Planning Department, 639--4171. 9 (0257P) L CITY elf' TIGARD PLANNING COMISSION FINAL ORDER NO. 86-- PC A FINAL ORDER INCLUDING FIWt INGS AND CMCLUSIONS, 'WMICH APPROVES AN APPLICATION FOR A SUBDIVISION .(tea 1--06) �t�q�Ey�� Y LI�'�C3!P� SAVINGS AND LOAM T e '..Tigard Planning Commission reviewed the above application at a public hearing or% February 4, 1986. T`he Commission based its decision on the facts, finriings, and conclusions noted balow: A. FACTS 1, General Information CASA:: Subdivision S 1--86 r REQUEST: To divide 9.68 acres into 18 lots with a minimuin size of 7,500 square feet. r bMPREHENS.IVE PLAM DESIGNATION: Low Density Residential � ZONING DESIGNATION: R--45 (Residential, 4.5 units/acre) APPLICANT: Lincoln Savings and Loan OWMAER: SAME 1 25 SW Creanburg Road Portland, OR 97223 f � LOCATI : 'West of 92nd Avenue between KneelandEstates No. II and Cook Park 2. SaStRMMr,i Preliminary pla`c approval was granted in 1981 (S 11-80'CPR 12®81) for 22 attached and 5 dstacE ed single family residential lots. The final plat w as never recorded and tae approval has expired. 3. vicinitv Information r r Kneeland Estates No. 2 Lias to the north and Tigard High SchooI is r northeast on tha opposite side of 92nd .Avenue. The R-•4.5 zone applies to this area. The Copper Creek development which is zoned R-7 (RD) (Residential, 7 units/acre, plans � c�atelmpasaenk) lies immediately wast and Cook Park .abuts the southern bout-dory of the property. . a a 4. Sesta Info r tion The property is presently ut-W-eveloped. The terrain slopes downward from north to wreath with grades of up to 30% in the northeraa g�xartiora of the site. The southern half of the property is within the 100 year flood plain. FINAL ORDER NO, 06--02PC --PAGE 1' e The applicant proposes to divide the propearty into le sicagle faaasily rsasidontial lots, all with a minimum size of 7,500 square feet. Riverwood Lane will be extended from its terminus at Copper geek to 92nd .Avenue.- In -addition to Riv+�raa,�ood Lane, four lots will have frontage on the 9�rd Averue cul-de-sac- in Kneeland Estates No. TX. Although this proposal represents a 'reduction in the number of lots from 27 to -19, 'the subdivisionlayout and street alignment are vc-ry' similar to the .:proposal that was approved in 1981. a. AgYenc„�_��d� �oraanents The Engineering Division has the following comments: a. Lots 17 and 18 on; the east side of 92nd Avenue will preclude the' extension of Riverwood Lane to the east. < 'The ;applicant should be able to Shaw that other reasonable alternatives exist for providing access to the property to the east. 'o. The issue of stormwater runoff presents several problems which must be clarified. etor ter through "Tract A" fees the school property and 92nd Avenue needs to be addressed along with the gully through Lots 10, 11, and 12 and the drainage over Lot 0 in tae event of a catch basin failure on the 93rd avenue cul-de- sac. C. A private pond as located above Lot 12. Liability for any flooding ,caused ,by -the pond and the right of this owner to release water onto Lot 12 is unknown. tt d. Slope easements along Riveraood Lane will be necessary. e. If Riverwocd Lane does not connect with the completed portion in Copper Creek, a temporary fume around will be necessary. f. Lots 7and 8 have double frontage and access should be limited to .r one street. Theaccess for Lot 16 shall be limited to Riverwood Lane. g. A traffic report is needed indicating' what measures should be taker, to mitigate the site distance limitations at the proposed Riverod Lana/92nd Avenue intersection. oLana/92nd h. The applicant must provide stormwater runoff report addressing proposed cs•a:rand off sitra stonagater and erosion centrad during and after conztruction. iaais report must address the impact of upstream drainage facilities and the mitigation of adverse storvwater impacts upon City Part: and greercwway areal. i. The 100 year flood plain should be dedicated to the City as greedy. j. A Sensitive Lands Permit will be necessary for -any construction ➢: ,a rradiing within the Reed plain, drakinagewlays, or slopes over 25%. k Any raduction in the width of the City's standard street secs ioaa z. will require the approval of a varianwe. FINAL ORDER €O. 86--02PC - PAGE 2 r i The `Building Inspection Division notes that; the slopeson many of the lots are steep and that development and me%ating setbacks standards may be. difficult. The Tigard School District and NPO 06 have no ObjOction. No other comments have been received. 4.. FINDINGS Ai 4D CONCLUSIONS The relevant criteria ire this cgse are Tigard Comprehensive Flan x.1.3 andpolicies 2.1.1, 3.1.1. 3.2.1, 7.'1.2, 3.3.1. 7.4.4. 8.1.1. and ment Chapters 16,50, ` 1e.160, and 13.164. Since Corsr�aanity aev lop the ComprehensivePlan has beer: acknowledged, the Statewide Planning Goals and Guidelines no longer need to be addressed. The Planning commission concludes that the proposal with minor modifications is consistent with the relevant portions of the 'Comp rehensive Plan based upon the findings noted below : a. Policy 2.1.1 is satisfied because the Neighborhood Planning Organization and surrounding property owners were given notice of the hearing and an opportunity cosaa�aesat on the applicant's proposal. b. policy 3.1.1 will be satisfied provided that anis portions of the Lots which exceed 25% slope are not graded or filled without a sensitive Lands Permit. t c. Palice? 3.2.1 will be satisfied because development within the 100 year flood plain will be avoided If any of the proposed street does encroach capon the flood slain, a sensitive Lands Permit will be required. d. Policy 7.1.2 raps be met when additional information, notes in the Engineering Division continents, is submitted and appropriate n.iticoation measures takers. Q. policy 7.3.1 and 7.4.4 are satisfied because adequate water and sewer facilities are available to the development. The applicant also indicates that these facilities will be provided within the saab.+iivision 'as required by the City standards. f policy s.1.;$ will be met once the termination of Riverwood Lane at 92nd AvQnWs is justified or provisions for future extension to the east are aside. 9, policy 6.1.3 will be satisfied when the conditions of approval relating to street improvements are completed. -Thae Planning Commission has determined that th5e proposal is consistent with the releavant portions of the COM—unity Oevelxrp"nt Code basad upon the findings noted below: FINAL ORDER 0. D s-o2FC - PAGE 3 P a. Chapter '18.50 of the Code is satisfied because the proposal Mets all of the requirements of the R-4.5 zone. b. Chapter io.i60 of the Code is satisfied because the proposal tweets the requirements set forth for the submission and approval of a preliminary plat. r C. Chapter 18.164 of the Code will be satisfied during the approval baa ocess 'for the final plat. C. DECISION Based upon the findings, and conclusions above, the Planniaag Commission approves of S 1-86 subject to the following conditions: 1. UNLESS CJTHEIMISE NOTED, ALL CONDITIONS SHALL ; BE ME1 PRIOR TO RECORDING THE 'FINAL PLAT. ` 2. Stanaiard half--street and full street improvements including sidewalks, curbs, streetlights, driveway aprons, storm drainage and utilitie-s (delete inapplicable items) shall be installed along the S "92nd, `Avenue frontage. Said improvements along SW 92nd Avenue shall be built to (601 R/td, 36' Pvmt.) City standards includar .an $ ft walk onthe west side and conformto the alignment of existing improvements. note the attached section Which was approved 'via Kneeland 'Estates subdivision devel.opaeent). 3. Seven (7) sets of plan-profile public improvementconstruction plans including sg sits grading plan and crass secticons asci one (1) itemized construction cost estiwate, stamped by a Registered Profes3siorml Civil Engineer, detailing all proposed public improvements_ shall be submitted to the Engineering Section for approval. 4, Sanitary and stomas sewer plan-profile details shall be provided as part of the public improvement plans. 5. Slope easements aloes %) Riverwood Lane shall be provided to the public: . Documentation 'shall be on City 'fors or on the plat and approved by the Engineering Section. 6. The applicant shall provide a s'tornwater runoff report addressing proposed onsite and offsite stora-mater control and soil erasion control (durirmA and after construction), said report shall ales+ address the impact of upstream drainage"facilities on the site am the mitigation of stormater dam-age to the -downslope Cite park open space lands. 7. Construction of proposed public improvements. shall not commence until after the Enginegring Suction has issued approved public inprovement plans. ane ,Sections will require> postin of, a 1�� Pcarfor rice bond, the of a pers;sit fee and a si�ra installation/streetlight fest. Also, the execution of � construction compliance agreement shall occur prior :to, _ or •,: concurrently- with the issuance. of approved public improve ent plans. SEE T14E EW-LOSED HANDO GIVING MRE SPECIFIC I FOW,.A IO REGARDING EEE'SMIEDUL ES k SONDIRG AND AGREEMENTS. FINAL ORDER MO86--02PC - PAGE 4 s. Sof Rivemgcod Lane will connect with Riverwood Lane in the development to the crest (Copper Creek). 9. Additional right-of-way shall be dedicatedto the Public Mang the SW 92nd Avenue frontage to inereasje' the right y to 30 'feat from centerline. The descri.otiop for said dedication shall be tied to the existing right-€f-may centerline as established by Was hingtexca Cocznty. ' The dedication document shall be an City forms and approved by the Engineering Section. DEDICATION FORMS AP40 INSTRUCTIONS. ARE ENCLOSED. S.T. Double frontage lots, namely '7 and 81 shall both be restricted to only one access each on the same public roadway. i1. Lot #16 shall only have direct access onto SW Rivervood Lane 12. The applicant shall. provide a traffic report indicating measures to be applied, to mitigate sight distance concerns, at the intersection of Riverwood Lane and 92nd Avenue, to the Engineering $e•tion, The Riv nc;o-od Lane easterly' access shall be ;addressed in conjunction with this study and Lots 17 and 16 shah-1 be Slatted and- Tragi "A" shall be dedicated to the City once the traffic shady has been reviewed and approved by the Engineering Division. 13 The applicant shah dedicate lands within the 100 year floodplain asps# the property south of the °road not platted 'into Lots 1,2, ash for gre-enway purposes. 14 Street Canterline Monumentation' M. In accordance with QRS 92.060- subsections (2), the canteriines of all street and rosadwF%s rights-of-way shall be m anumented before the City shall accept as street improvement s b. All canterline monumentsshall be placed in a monument 'box conforming to City standards, and the top of all aa�reument , boxes' shall be set at design finish grade of said street or r amduay C. The following centerline monuments shall be set: i} A I centerline-centerline intersectionz. Intersections created with "collector" or other existing streets, shall; be set when the centerline �- alignment of said "collector" or other street has men established by or for the City: Center of sal cul--�de--saes; i FINAL ORDER NO. 86-,32PC - RACE 5 � 8) Curve points, points of intersection (P.x,) when their }position fabs inside the limits of the pavement (� otherwise beginning and ending points (B.C. and E.C.). 4) All sanitary and storm location shall be placed in positions that do rot: interfere with centerline monumentaat ion. 15. A Sensitive Lands Permit ' shall be required for any. ,encroachment I into the 100 year floodplain or construction in drainageways or -slopes over, 25%. 16. - Lot 12 shall be subject to the setback and height requirements for flag lots contained in Sections 18.96,090 and 15.98 of the Code. i 17. R tree cutting permit shall be obtained from the City prior to removing any trees over 6 inches in diameter. 18. After review and approval by the Planning Director City Engineer, the Final Slat shall be epcor•ded with Washington County. 19. This approval is valid if exercised within one year of the fine. i decision date noted`'below.'' i It is further 'ordered that the applicant be notified o the entry of this order. PASSED: This day of 1906, by the Planning Commission of the City of Tigard. w.t OIL "I A. Donald'Men, President Tigard Planning Cour+fission (KSL:bs87) p i F, FINAL ORDER NO. 06-02PC - `PAGE 5 to March IQ, 1986 tvlo:ice of Appeal Pianni,ng C ori mission Care Number'. S 1-66 AppeatParty: lteigghborhood Planning Organization �16 (� � � S" � ps cz �� t� o- a 2�t s:u*e� k4C- erU ffVet 5i'R is �accz ! A) + 6 . Final Decision Date: March l C, ;3G� :wz Fk-Av� Dee-isi(. �1e&torr.'• 2�2 fP1fn The Neighborhood Planni[ig Organization ,l O) is appealing Planning Commission ssior Case Numberr S 1-85, addressed at the February 4, 1986'; Manning i?nnrtli5 iurt meeting. The NPO requests case number S 1-36 be remanded back } citinu'ti�e >ollowing provisions for this action under section1 .3 .3'?t?`crf the''development code � `tee. 1. -U Commission to ;.fie timing cf the PRanning Cort�iniSsion public notice, the landowners were notable to meet with the PO and voice �neir concerns i'leetin s held after the r lann,ina. Commission decision with the neighborhood and NPO chairman nave resulted In very constructive involvement regarding developme fit of the proposed land. The NPO did not have'the required inpiLt to r-nake an informed decision regarding this �> de for v, titt5 the request for denial at the Planning l..-O mnisiort pneeting. �. Researci conducted by residents of the neigi"t:C3i toad has produced evidence 03` the unique Uk' 17hy5'C: l Character' of ti-) "='n+a not a allct.'le' at, the tii`t'te of th(- Planning Commission meeting. The evidence is the result Of a preliminary examination of the propose d site by Mr. Mike € ctucu, Urban Naturalistor the Audubon Society. Mr. Houck has deter- mined that :several lots are clearly within existing t,vetl ands and Should not be built on isee aL tacned (titter: . everai ether z+�f;icy aver inadecuateiy addressed at both the haPO anis ;Tanning Commission meetings. !nese lncltoe: a; The character of the proposed neighborhood is riot it) character with adjoining sooner CreeV and Kneeland Estates developments. A more apporopriate layout of the lots to be consistent with the snaoe and character of the lots of the adjacent developments should be considered. b. Transportation issues succi as- 1. s:i. AS cited in the staff report the intersection (if Ria}erwood Notice of Ai-,iaeal S l-86 Page Two �7' Lane and 92nd Avenue will require a traffic study addressin Sight distance concerns, The nei hborhood agrees with this revue�t but concerned with tris la=�!�� of a specff tc time at which 'he study may be conducted 'winter, IOW �a-;e; s.ar��r!�er, hiah use; weekday or weekend; day-or right'. M-0, no ,. S cif direction iv t_iven to the pec+estrian aspects of the study. ?. The character acid volume of the increased traffic :ro i T i and k 4ec rs Sche//ol and Cook gar 3k on ftiverw�000 Lane through the Picks, ,. Lantiingj, ii=riteia id .states and topper Creek residential areas W waJ n& adequateliq} addressed. �. J. Pic specific proi?osal 'yah made to address the problem of 3 8 whic..h, may be directly is c)r,vate dr iveways on lots l and 6 i & with 92nd Avenue. i across from P,ive wood Lane and inter se i. eve are held at Cook Parr 4. Parking problems 2-rise when events e s during ti;e sur�;rr�er iijsr.�fficient parking sp-ice at the Dark .. ark +n 92nd Avenue as far away as i farces park vi, iio• s t ps.•k alcr,� F 4 Tigard High Schocsl. This overflow parking would be diverted to live, wood Lane. , The NPO as a cit' recognized r e�3 Sert ativG o the neighborhood requests waiver of the appeal fees; Respectfully Submitted, Phil Pasteris, Chairman NPO s" 6 OA k f $� �U U . Y A UDUBON SOCIETY OF PORTLAND .A Branch of National Audubon Society t' € erase i PHONE 242-6855 515 NORTHWEST CORNELL ROAD PORTLAND, OREGON 9721, .March 3, 1986 City of Tigard ,s Planning Depart Ment P. 0. Box 23397 Tigar&, Oregon 97223 ' B.c o Kneeland Estates, Number 3 t vi sited the sate recently at the request of a local landowner and wanted to ,let you know x have some specific concerns about the p cement of lots J.n .obvious wetlands Lots.- 3, 2, 1, 17 and 18 are all clearly within existing wetlands # : and should not be built on. If the developer does go ahead with f plans to develop 'these lots it; is my opinion that 404 permit would ;be required and you shesuld notify the applicant that this is the case, As have hey additional nal nformation at this Mane I will await more �. illf o3nration from you about toestatus of this project. Sincerely, ; Mike _Houck L; do Jack Broome, Wetlands Conservancy Gene Herb, ODFW Brian Lightcap, U. S. Army Corps Joe Peuek, ` ODF 7 r r t f " j a � F K�i G rrE ( S s+w�� k: . 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P. 9a as e! 4 , Eml Mal a MIN SO a i _ CITY OF TIGARD, OREGON! COUNCIL AGENDA ITEM SUMMARY AGENDA OF: Marchr 111, 1986 AGENDA ITEM ##: BATE'SUSSiITTED: March ,6, 1956 PREVIOUS ACTION: - ISSUE/AGENDA TITLE, Murray �3lvd.li35 _ Avenue Intersection PREPARED DY: Keith Lidera _ 3 REQUESTED BY ti CITY ADMINISTRATOR. DEPARTMENT HEAD OK: __Si' POLICY ISSUE ---- ILIEORMATTON SUMMARY At the 2/24/86 Council meeting, questions were raised by Councilor Brian - regarding the curve radius for Murray blvd. at 135th Avenue. Background information is attached. ALTERNATIVES CONSIDERED 1. Allow the City Engineering staff to determine the final alignment that is consistent with th agreed design parameters (i.e. miniatum curve radius 350' to 500,) 2. Specify the curve radius. SUGGESTED ACTION Staff recomr-tends that City Council allow the City Engineering staff to determine the 'final alignment that is consistent with the agreed desigp parameters (i.e. minimum curve radius 350' to 500'). :. (2406P) MEMORANDUM CITY OF TIGARD, OREGON ^3 TO: Mayor and City Council March 3, 1986' d FROM; Bob Jean, City Administrator SUBJECT: Murray Connection Curve Radius 135th At the 2/13/86 Beaverton-Tigard Council's mee 'ra both Councils approved the Plan 3 alignment with the continuation curve. o, shown on the drawing ;that evening, the curve is at a 500' ;radius. In order to accommodate the 35 MPH design criterion, we can have a flat road at 500' radius or a "banked road at the 'tighter 353' radius. With 135th coming into Murray at the curve, the banked option means a `lip for 135th traffic to drive over. At the 2/24/86 Council meeting on the commercial zone in the area, the applicant showed the 'Plan 3 alignment with a 350' radius banked curve.` My comment at the time was that it didn't affect the zone decision, but that the alignment should' only; be conceptual since it wasn't per the 500' radius and probably the final alignment would be moved about another 30' north. The colored blue line is per John Gilliam's discussion of gloving the alignment to _. the north and splitting the two proper=ties. At the 2/24/86 meeting, Councilor Brian asked staff to review the 2/13/86 file copy ' (attached with my initials from that meeting) and compare it to that shown by the applicant (attached with 2/?4/86 date). He had recalled a 350' radius, not 500' radius from the 2/13/86 meeting. Clearly the Councils approved Plan 3 with the 500' curve radius' subject to final engineering design, Unless Council directs staff to the contrary, we will require the Plan 3 design with the 500' radius as approved by the two Councils. lw/3585A t M Li rr Al PNt br PL-znI I i Il '1�Nlrll 111{111 111111 1[I�111 !11(111 II1F111 T(I,l flT�l 4t llfl ! 1 Tj 7 i�l r7� t�F 1 1 � � � , 1 ( I NATE: IF ffilll�tli�ll�0ttl'Ili�tlt'iii�ill'Ili'rZ THIS ---- 2 3 4 — - 5 6 7 8 9 II 12 DRAWING IS LES 'CLEAR THAN THIS NOTICE. 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I I I 4 1 �r MEMORANDUM CITY OF TIGARD, OREGON I 4, Taj: City Council March b, 1986 f' FROM: Keith Aiden,' Senior Planner SUBJECT: Murray;Blvd. Extension � 4n February 13, 1986, the Tigard and Beaverton City Councils agreed upon p option 3.L'. for `core Murray Blvd. alignment (see attachment). It ,gas a3so [11 intended that the street be constructed to the following design standards: # Designation Collector Number of Travel Lanes --- 2 (plus turn lanes at major- intersections) � Bite Lancs — Yes Right—of-44ay Requirements ---- 60 'Feet (plus slope easements where necessary; Paved Width - 40 foot minimum , Access = Limited Design Speer! — 35 M.P.H. Minimum Turning Radius -- 35.0 to 500 'feet 5n Parking Facilities — None provided on street At the February '24, 1986 Council meeting the issue of the curve radius for Hurray Blvd. the 135th Avenue intersection was discussed. Councilor Brian indicated that: he understood the curve radius would be less than 500 feet. preliminary engineering work conducted by Tigard and 1,,?ashington County staff and Walter best, the developer of the two parcels straddling Murray, indicates that a 500 foot curve radius will be necessary to allow the intersection to function properly. (See attached memo from Tom Tushner). # t P: drawing has been attached illustrating 350 and 500 foot radius curves. Staff recommends the 500 foot radius because of superior sight distance and r�sore. desirable vertical alignment with 135th Avenue. The developer of the adjacent projects is anxious to get this issue resolved in order to proceed with the development of the abutting property. KSL:br49 WASHINGTON COUNTY Inter—!?apartment:Correspondence Date March 3, 1986 � To Fi le From RECEIVED Tom TushnEr, Road Engineer MAR -6 198 Subject MURRAY BLVD. CONNECTION - CITY OF TIGARD SUMMAPY OF MEi=.TING HELD FEBRUARY 27, 1986 The purpose of this memo Is to summarize and clarify the points discussed at the February .27th meeting regarding the Murray Blvd. connection. The meeting was called to help expedite the processing of applications for the 100 and 170 unit multi-family parcels located north and south, respectively, of the 135th Avenue and proposed Murray Blvd. connection 'shown`'on the attached drawing. Attendees': John Gillam, City of 'Beaverton i,th' Darien, City of Tigard C` John Hagman, City of Tigard Russ Krueger, property owner Pat Daily, developer, Walter West Construction Co. Paula Calvin, Washington County Ron Aese, Washington County Tom Tushner, Washington County Issues discussed are noted below and several are outlined on the attached drawing showing typical sections along the alignment. 1. Murray Blvd. Connection Design - As shown on the attached, cross sections of 40 feet for roadway between intersections and 54 feet at intersections requiring left turn refuges was agreed upon for the Murray Blvd. connection. Right-of-grays to accommodate the subject cross sections were agreed upon at 60 and 70 feet, respectively, The 500 foot curve as noted in the January 27th Memorandum of Understanding would be maintained where the Murry Blvd. connection and 135th Avenue intersect. Access along the Murray Blvd. connection should be spaced at approximately 350 moot intervals with the following criteria used to evaluate proposed access points: A) Safe operation of the access in relation to other access points. Specifically discussed were turning movements across adjacent left turn bays and sight distance for future drives. 2 - B.} Intersection sight distance along the Murray Blvd. connection should meet Washington County's 350 foot requirement for a 35 .MPH design speed. C} Future access locations need to be examined so 'as 'not to preclude access to adjacent ;:parcels (i.e. , approval of proposed access points will :not force a lesser spacing standard). 2. 135th; Avenue Design - ;The cross section of 135th Avenue at the intersection with the Murray Blvd. connection should be 42 feet on a '70 .foot right-of-way. A 350 foot radius curve leading into the intersection .with the 'Murray Blvd. connection should be,maintained. 3. Sight Access - The access points as shown on Mr. Daily's drawing received tentative approval. Mr. Daily was advised that final approval of the access points would be dependent upon the previously mentioned criteria. Alignment - Mr. Krueger presented a letter of acceptance for an aligronent of the Murray Blvd. connection located entirely on the southern parcel. At the close of the Meeting Mr. Daily expressed concern over the timing of processing. It was, decided that all correspondence should be directed to Tigard, with the Tigard staff forwarding materials to the appropriate jurisdictions for approvals_. d Any questions or comments regarding this memo should be directed ;.o me at 648-8761-, extension 2355. l7:ss c: Attendees Kevin :Martin j�k��t,r:. - _G+• - - `t;: J r�gS,,>3,. 1�',(X S r•t"r' ��%.'_.S .,.� v - rC� "`2 '°4 "� �r�. 3svat.r+. aa"-.^s. ) g.r.� a �gp� •�gr� t .._..�- �•-�-�w . 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Opening on 12I3l8°� - r Computer Purchase Recommendation PREPARED BY: Joy Martin REQUESTED BY: J DyPART�tENT }fit AD Ott: CITY ADMINISTRATOR: POLICY ISSUE One of Council's high priority goals for ' this year is to upgrado tttc capabilities of the City's data processing system. c — - — INFORMATION SUMMAttY A primary concern for -the purchase of a computer systemthat purchasing rules were ' followed, insuring a fair and ripen contracting process. For a purchase of this size, the formal bid procedure is required and Council. must authorize the City to enter into the contract prior- to the ;purchase. >-he contract if awarded, is to be awarded to the lowest responsible bidder in the P interest. In the current budget, ! 15,500 is in Engineering for computer hardware and software This is to be used with the appropriation of $75,000 in the contingency earmarked for this use. These monies are intended to pay annual costs for a three of five year lease-purchase. Maintenance dollars are separate line items. On October 3i, 1985, the City called for, bids for data processing hardware and software. 'Notice was printed in the Daily ,journal of Commcrce on November- h, 5 and 5. A total of 15 companies pi.cke.d up the request for proposal (RFI- packet, The RFP, prepared ,by the Core Computer User Committee, included proposed contract language, the City's organization, and our hardware grid software needs. The needs were updated from the needs asse3smert done by Dr. :Tan Springer and accepter} by Council in March. 1985,. Five Bids were opemd on La•cc:,mber 3, plus one bid inns dater- found insido one ' of the boxes which consolidated into -three comproheris`< ;c bids . - On Dpc.—mber 16, the tr:)rimitteo met: individually with tht chreo pri,-WAry v�)ndor i who presented cumtzrehen,,ijve rids' and addressed spechF c: concern , E:n essed by Lhe ;Jpo t r v,�Nni of thec.ftwarc.-... f xt,3.1 2..:'.', - support.-.a_._.11__b_ li v w"! i 3,>t > the Oummit:toe -unanimously agrees to'. (1) 'knep our curront:. Ware wort] prr)ce ssinr.l ystc!m ,and upgjrwade the`sy_.Lum to hrondle A.;._ cut runt: worklr}a !, (!) _); r t,is thr, Burrr,l.tcht ; 1.955 system and software` from i M-Northwest; For ar_rrf,.rni ��<<t „d ftcr�i ' r,, r,aacer,ic.nt soft.wcIrt-, (3) c,t_if.Nin from Cl,ackam.t County froo of charge, the c.,ASS ystaem 'For Police to rain on LhP Burroughs 11,955, and 'Ct:OGR'JUF> software to run Or Ett.+ rr._tc1F,s FJ75 hardware white, intorr`, c..r wit.h ,-t„-, ti13c5'; and Holguin sof�two r, --tnrS rcalatr,cl� HP uqujptw!nL For community dog`"Iupm,..,t --nd mott;F;s.nq,- furl tioic 7feis wi?): �? 1 ,,, fest ' c.ri;,t:l:rtu_ti'ion OF C ,.raliend ,and i processing for major production, specialized capabilities within departments, local support, and future growth capability. t The initial cast is estimated to be $339,725,00, which is b,998/mo through a five year lease-purchase plan Added training and miscellaneous costs for Burroughs are: $9930. Shipping: and handling for pieces other than Burroughs, and other small costs are still being finalized. Actual costs are pending the and .aer of tete contract and final plans. 1'n addition, the initial floor plan c for the omputer room in thc: new civic center snows we s to extend the a room south into the adjacent comference room. Attached ss a chronological cisions, the prices, and the configuration description of the de . The proposals are available at City Pull for your inspection. - - - - - -=- Al.T ERN(kTIVES CONSIDERED 1. Purchase 'the recommended systemthrough a five year lease-purchase Plan. 2. ?eject all bids and hire a consultant to search and recommend a' system, hollowed by obtaining quotes and purchasing. - - -- - - SUG€BESTED ACTION A Motion to authorize the City Administrator or designee to negotiate contracts for aar�g flIv upgrade, the Burroughs 1955 and 82.5 systems, the HP hardware for enginieeri.ng, the l.P.ai: accounting and fleet management software, the Clackamas County CLASS software, the GEOGROUP and the Holguin software, and related training and support. in <addition, to initiate a change order requesting to 'Move the south wall of the computer room and the doorway. Lipari completion of negotiations, staff is to request Council_ to enter into the negotiated contr•acts, and appropriate contingency. do:i 15C7p 2 MEMORANDUM " CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council March 5, 1986 FROM: Joy Martin. Assistant to City Administrator SUBJECT: Chronology of Computer Decisions Fr000-sals Submitted December 3, 1985 All bids received by the City, had failed to follow all requirements for submission thereby making bid. evaluation difficult and quotes difficult .to compare. The NCR proposal using EDEN software was for $238,806.40. The police software was adequate, community development was being developed: and estimated to cost $40,000 which was not included in the above quote, accounting was adequate with some portions not provided and the lack of 'report format flexibility, spread sheet costs were not included, and word processingwas NOT included. The WANG total bid proposal. was estimated to be $379,192 with Wang at $140,062, NIaSSI accounting software at $144,500, Geographic Technology software at $94,630, and Larimore and Associates police software. The police _softvar•e was very basic and lacked certain features, community development needs were met with the exception of property management, by co_.bining NIS`=I t and GeoTeche, accounting needs are ;met 'except for municipal court and some reporting, needs, and word processing was exactly as requested, r The BURK)UGHS proposal using Service Data Processing software for i accounting and police, an optional police software system, GEO Group, D.M. E Data "Corp. , . and Mainstem was for $234,760, The police system options were adequate to good with some concern with support. The community development , software III perhaps adequate, however they failed to rate their software on many items. Accounting software was poor, not satisfying some reporting and municipal court needs and :some portions depended upon future releases. Spreadsheet capabilities were limited without additional costs, and word processing appeared to be comparable. The Committee expressed concern with retraining costs for word prr.•cessing. Decisions by the Committee were the following: I.. Check on the feasibility of using the Clackamas County police system; . 2. €equest each of tP�c= tFiree primary vendors to clarify , their bid, a° combine components into a single bid, arid ' to - answer- specific r questi.CWIS. Each vendor except Burroughs wa> asked Lo NOT include . poticu software and relatc,d hardwarar. f R 1.-- �i Interviews December .16,_1985 The total cost for NCR i.ricludirig software development far community A �., _ development and Pxcludinc3 ward processing and spreadsheet was $200,would 9requi fhe y greatest weakness was in the area of; community deveiapaient which would 'require the City assuming a large risk in tiet and function for programming to be completed. m The total cost for WANG was $472,460.15. The 'greatest weaknesses were in municipal court, in the lack of report formating flexibility in accounting and in { property management. The Committee extabi.l.i.ty of some of pressed concern with the s { the software companies and their ability to provide long rartue support. In t addition, !,long failed again to submit one comprr4sensive bid as requested: The BURROUGHS proposal was for $210,684 with' the same weaknesses as noted before. Of greatest concern to the Committee was the area of accounting. It was by the Darned that the option of the CLASS system for police has `:o :be pursued City. Decisions and results of actions by the Committee were as follows: 1 , Contact Clack. County and examine the feasibility of either going ori—line; or pug "hasing their software. Clackamas County was willing to go give to the City the software, but was hesitant about having us e on—line, It requ'res a Burroughs 1000 series hardware, Possibilities are to enter into an intergovernmental agreement with other municipalities to :share purchasing and management casts, or buy used equ i prike nt. �• Attend demonstrations, especially for community development applications since these are not fully presented in the proposals. 3. Request Burroughs to search for other software for accounting following a meeting with the Finance Director clarifying requirements. 4. Fending the outcome of the demonstrations, discontinue discussions with Wang (high cast) and NCR (risk of developing community development sof tware); 5. Request: an optional proposal from Burroughs eliminating word processing. Request proposal from Wang for upgrading OTS. To Date, March 5, 1906 The Burroughs community development ,oftware demonstrated to be comparable to Wang's 'plus it's property management capabilities were t=hebest of the three demonstrated. Burroughs proposed an accounting and fleet management system whish rams On equipment -which can also run thc� GLASS system and intorfar_e with community development.:' The systeni has been demonstrated and sample reports from different users have b%en examined and have met with sa.t:isfaction. r� memo is attached concerr+in�4 word ��+ ocessir+g. Itte purr•oughs system is good, however staff has just learned the now version of Wang word processing and the C .n staff t.i:mc and pr•odu.ti.vi.Ly would be arc �t if we c:ha.rn�e. In addition, a rig wrrul.d create to greater problems for: system cteange; to Burroughs word pracessi aanage�ient by decentrali.r:ngiht function. dc:11.S3p tbi �t _ E)VPL rsl 1fdac �r�e� 17 !la 117 t!f 111 !I (!! I t l � 1 8 1 ! t i l 1 T J 1 1 1 I l i l l l t l a l l f 1 7 1 1 i r r 1 ►!! � _- _ � r ; 1 � 1 !�T'zl(Itlilr!(lIllTj' j_-6 j 7 r � i . i3ll + ljlil�91Ij1 � Ijl � ttlj9i NOTE: IF THIS MICROFILMED DRAWING IS LESS CLEAR THAN . THIS NOTICE, IT IS DUE TO T!E QUALITY OF THE ORIGINAL DRAWING. os sz sz a sz sz fpz "cz 22 l oz isr si--ii -91 sr aI el zt i� of_s` ® a -9 s m c z ice. 8.._�.. 1 I ! t + . it ' 1 , � d8nunu+inllNtllliNr1+H811(11INUigtq_ilj�(�._ � � � � � 8 � i1d /1f/i1H0.HfN4Httjllrs}HHjtliB]Id+ dfl� t�prt]�;sl ud81jei1f18jIrQ Ililllilflljldl7iflli�ifi!]Ifil�Illj. 11tl t' f; )c : Aft Hrluvoj dm - - _ I - f : /Ai FT. ncA .:4;,•• O��c:o.,s .ei` LJI GaF o �— — - �•/.r PRoF;55tor�A� nno �7;l0o ET lIOo q,,., - I _.J l � I o;-fw� I � / .-_• , !Il:_fll� I—I�III ��' r�� I �pEFTs. :FC'O!J.\•TIN: � I I SYSTt-M ET rico i=z 4\00•, I I E71voo I F.rv�EMENT •�-..�i-r.. I Issc.Po -' ...�I Caaaa Tech. � �P•,_r c N_ IPP 135 _±rte_ 4 � _ r c f'X _ 775 I I I i f I II P' I I I r 1 I •vl I D-.�e. :I —__�--r-=�`�"��"""' ,IGS'•—..d....:�_•___ y .;-rr �--.; ---' ...,_�. v ___:�._--— '- — -- - I _ �..•"`—... I !r(i7► !p� Ior rir rpr rl° rpr rp! !p! !li°lt °I° Ii° e t i! — — _ ,.m.�- �- -';�. +-._.....�=-��. �t�rfri�llp�ii7°�°1°{tpr�lptErpe�°pe{ri°frl�gJtr(�itl�t��irp+t`f►ft♦rt�'relis°i�rlilrlr�rt�ldlr, w _ NOTE: IF THIS MICRDFILMED I' ___.__..I 2 4 __. -_ 5 �- - 7 -9 0 1i -..-- !2 DRAWING IS LESS CLEAR THAN - THIS NOTICE. IT IS DUE TO ME QUALITY OF THE ORIGINAL DRAWING. OE 6a BZ 1Z SZ 6Z UZ EZ ZZ la OZ B! SE L! _ 91 - S'f ^bl EI- Z! !1 0! 8 1__g_..5--__¢- 1. r r r i t i . . innnnannnndUiubUNNHUtR�rq_r0 - _ _ tiuruyltilll j _� ® low --- d m4a 'wARCH � 1990 MEMORANDUM. CITY OF TIGARD, OREGON TO: Jerri Widner, Finaaice Director February 12, 1986 FROM: Patt Martin & Loreen Wilson At"ola-If- SUBJECT: SUBJEC : Recommendation regarding the Burroug s Word.Processing System Based on very limited information, we would recommend staying with the Wang Word Processing System with WP Plus software. There has not been sufficient time to thoroughly research and compare both systems. Dollar figures were not available from 'Burroughs regarding training or upgrading the system. Both' systems are basically comparable when looking at text manipulation ' abilities in the Burroughs and ;WP Plus software. However, there are some differences which make the Burroughs system more difficult' to administer, i.e.: no document numbering system (each document is known only by its name); format lime is like a ruler (doesn't show line position' for easy reference by typist), no area user groups; and the complexity of the system (not user friendly) would require the system administrator to spend much more time in training on an ongoing basis, especially with the casual user. Some of than other differences are: BURR©UGHS WANG — WP PLUS Not user friendly User friendly Four levees of functions Conversion from WP to WP+ Always in the insert mode B 'levels of insert & delete More code keys to learn Edit within an insert Graphics can't be used with WP tent Graphics show on screen on new More System disk capacity terminals Limited security Better security BOTH SYSTEMS HAD Sort Column edit and wrap around Spelling Verification Split screen editing Advanced scrolling Help information In reviewing the Worcs Processing Manual for Burroughs, it appeared to be more difficult to learnthe basic skills. It did not: seem to flow very easily and casual WP operators may have a difficult time remembering the functions without having the manual with ;them at all times One last note, the City would have, to go to a separate vendor to have all our a documents' converted to the Burroughs system. Burroughs did not, have information as to the cost of this; but did recommend z-t couple of vendors The Burroughs system, from WP administration viewpoint, does not: seem to be the best move' for the City . Howevor we would recommend the Computor User Committee consider the foIlowinq tasuo: , bfyfore decidingagainstthe Aur-roughs system: compare th(? casts of up,.lradinq the Wang- system t:); meet our y1 r)Wtn` needs to the cost of d >>>mparc+bl(? Burroughs system, di?cide what `orwfit th;_rr, is to have the flexibility of ha.vinq tvrminais which .wuuld raccer,,, 'D1' & `blip in thcr "WP center; , identify what rwf,ds thorn : will bra in takinn DP dater ;anra "dumping" into WP for iiarzri5Fu1. -at ior; 16AIA 9 cl d` r- et' � viq ci I V3 �� ! `i n 'sit! v, tfPI I i' alai ( - i I_TY- '.�., ".� � i 1 l �� { r' yam' t 1 ! � i 1 =—•� n y --i-•-;-- --# t-�r i t-�f t s-t�. � i � i f j Y 1 j r� ':�.��# !I r.� �'��:'�-'1 �' `iI f71 f.� •..try; � + �r��. t.+ � tll �i n ��°'Ci �ZI Ot t w;i z 3 1 pi� � �•� tjj r� - ' I`-�,I s t 1 �� ..L�' � ,�� ..:I ; .., r 1 � 1 7� ,_^ I t I � 'ZIt-�.d� It 1 i II chi ! j silo!llilimillill Ill I :UJ ¢a 7) aj i. ! �, I f 1�I I r ea' t` � i � � � ! � i•� I j I � r r i , i i � , ; , co J c? lri U S. S7 4 1 U } G} rn , O` 1 (. I QJ I I! e ni •4 I � i 3 f i r �.,,,�� I I i, I I of cc '�Y �� + �.til J•'�' ,^�. ,i I� 1 ' ^J; j �. 1 � I ! i Del ,, C- CL - i cc I t o C + 4 t' �ry111111 v I• i v ' y , ; j CZ cl �-✓I g a� i i i � i i ` r I 1l a_ Z- .31.3i v I t J it �.'✓) I { _I .� J' y M , v •_ '1''111 - i BLD FORM 2: UNIT PRICES AND COST COMPARISONS (page 3 of 6) � . �. T'RAI?'3ING: Include training :: casts both on-situ and off-site, training ls, and related ,costs. If off-site, describe location and number of materia days. materials,, an do not need to include travel expenses to and from:the sessions. venNumberDescription Total A3:t�ndin� - Cost $1,600 2 B1000 G�ZQraLions ' 960 € 2 B20 Complete Operations b T 6 GEO/BASO and GEE/Permit Training 1,800 X._, 4340 TOTAL TRAINING COSTS b. Yt$ City of Tigard - t'.rampu.ter RSP JA BID FORM 2: UNIT PRICES AND COST COMPARISONS (Page 4 of b) OTHER: List all other- costs such as licenses, delivery"and instal.ldtion, etc ❑e9Cri.Rtlon Total Installationof B1000 System Software X1, Hardware (Printer, g 520 - Modems, Terminal)' Installation 520 DAM 'Burroughs Hardware 3,70() Digitizer, Plotter, Software Installation '(GF.0GROUP) 700 Equipment DAM? (GELGR UP) GEOGROUP Travel Expense Reimbursement 650 ��dia G2-karges (estimated) 900 600 —,n<\. �^ � �rM A q, It 70 TOTAL OTHER COSTS City of Tigard - Computer RFP APr+- !('AlPON 6 FORK! 5: SOFTWARE SYSFEM COMPARISON Please compare your proposed software system to each application and reporting requirement' specified below and on the following pages. Identify your ability to meet the requirements by placing a 1, Z, 3, 4 or 5 on the line next to each requirement. If additional information is needed to clarify an answer, make a � nate next to the answer further information is provided, and please attach the clarification clearly referencing the requirement. The response definitions !i are 1 = Currently available and `operational in a customer environment 2 = Available to the City through a "report writer 3 = Available with minor modifications requiring ten or less man hours c, 4 = Available with additional modifications requiring more than tin roan � hours . 5 = Not available with the proposed system 6 A-vailable in next release, see notation. ACCOUNTING SYSTEM - GENERAL SYSTEM REQUIREMENTS (IPM) _ Fallows multi-operator input Data is entered only once as much as possible _ 2 Allows for three years of histarical data 7 Reports can easily be reformatted System has internal control mechanisms to allow access by other- staff without impacting the integrity of the data Updates the general ledger simultaneously as cash, purchases, payroll and journal entries are posted Municipal court reporting ties into the general ledger ACCOUNTING SYSTEM -- CASH RECEIPTS (IPM) (See notation `A`) Cash receipts are entered into the system only once and updates revenue 'accounts or customer accounts automatically, whichever is appropriate 2 A daily pre--posting report is produced of the day's cash receipts i General ledger accounts or subsidiary customer accounts updated automatically- upon balancing daily receipts and instruction by operator Upon posting, the "system verifies the general ledger account and a j subsidiary account number, and if incorrect, the posting will stop until further instruction 1_ ACCOUNTING SYSTEM- ACCOUNT'S RECEIVABLE (IP11) _ System is flexible and allows the user to bill utilities quarterly or M; monthly Multiple utilities can be billed on a single bill r; 2 The charges and related customer accounts on the utility bill can vary For individual customers and are automatically split to the designated accounts as received °- 2 A two to three year history is available on utility bills Y 3 Ass,ssments can be billf!d semi-annually or otherwise with Simple �> interest (Modification required for interest.) ? _'Selected- assessm:nts can be billed at a frequency rate selected by ' user, Each assessment can have different terms and different interest rates, computed automatically (Modification required for interest. _'' __J_._ Complete histories of all assessments are retained by the system City of Tigard - Computer RFP C LAR1FICATiON 11 ACCOUNTING SYSTEM — PURCHASES/ACCOUNTS PAYABLE (IPM) 1 Allows payments by purchase orders and other ms_ans such as check requests and VISA (Not, sure about handling your VISA accounting.) 1 _ Includes an encum rance system for budgetary�.,.• y • g ' y purpase's I Allows multi—operator ;input •! Accounts payable must be effective for accrual purposes 4 Produces a pre—posting report 1 Allows deferred payment of entered invoices 1� Allows a delayed 'check `write 9 Simultaneous posting to the general ledger ?candles one-time vendors efficiently 1 Indicates vendors who are subject to 1099 reporting and prepares the 4•. 1049 s 1' The general ledger account number is to be verified on , data entry before continuing` 1 There:are at least 13 periods to allow for year.—end closing ACCOUNTING SYSTEM — PAYROLL (IPAJ) Handles different` pay periods at any one time as determined by the. user ? Efficiently handles both hourly and salaried employees The payroll 'file will store data required by FLSA (Available June, 19$6) Store and update the accumulated sick leave, vacation, etc. and print a report as requested Compute overtime, comp. time, retirement and other reports as well as deductions 1 Automatically update employee files, general ledger and accruals 2. Verification of general ledger accounts upon input 1 Allows delayed check write Allows simultaneous posting to the general ledger 1 Prepares a pre-,posting report 1 Can accommodate varying benefits across the work force, e.g. up to six retirement plans ACCOUNTING SYSTEM — JOURNAL ENTRIES (IPM) 1 Entries are made on a daily basis 1 Verification of general ledger accounts upon input 1 Produces pre—posting reports Simultaneous posting to the general ledger and subsidiaries ACCOUNTING SYSTEM GENERAL LEDGER _Z The source of all financial reports 1 Runs parallel to the budgetary system Provides multiple levels for reporting, i.e. section, division, department, program and audit 1 GAAFR and GAAP Formatting for audit reports 1 Trial. balances are produced monthly and upon request 1 Thrge; years of data are accessible 1 The budgs_tary system is distinct from the accounting system _ l Adjustments can be made to the budget during the year ' 2 The budgetary system ties into the general ledger for comparisons with actual revenues and: expendi:tures for rUpurting purposes City fjf. Tig;�rd Cr')mput"r R!"P - (:L:ARZF-ICAT.`<)iJ t J ACCOUNTING SYSTEM FIXED ASSETS (See Notation `B ) (IPM) 3 Entries are from the purchases and journal entry systems and tie to tete gstnoral '.edger Y 1 System computes depreciation Retainsseparate records by item and the total l„ the general ledger grand objects- Updated by the accounts payable system when posting ACCOUNTING SYSTEM — BUSINESS TAX (Available March 30, 1986) (TPM) _ _ Accommodates up to ;2,500 businesses Prepares tax certificates 6 Prepares reports for departmental use `7 Generates automatic annual billings to the businesses and second notices with;appropriate;penalties included for outstanding bills ACCOUNTING SYSTEM a- MUNICIPAL COURT (See Notation °C`) (IPM) 1 Tracks citations written by the police department from date of citation through clearance date 3 venerates trial and arraignment dockets 4 Retains statistical information for use by the police department, the accounting department for the State, and the court clerk for the State (Teed to Ties into the cash 'receipts system to show paid citations discuss) 2. Reports should be easy for the user to format and to change 1 Allovms multi-operator input Maintain two 'years of historical data ACCOUNTING SYSTEM — PROPERTY' CONTROL (IPM) 1 Each record includes a description of the item, the vendor, approximate purchase date, and the location of the item Rec:rds` can by revised when item moves location, or is no longer usable, etc. 1 City of Tigard Computer— RFP - Ct_ARIFD:ATIoP4 13 A software making it possible to expand into the The system has following areas, Traffic s Anal sis by IPM available. 1 Street inventory Y lain analysi., The GUr•ps of Engineers MEG I and HEL 1I flood p prod rams ) I �LEr-T MANAGEMENT (Sae t`totatiatl 'L') (I0 plan, schedule CttlV_ ITY £SE�!£LOP�1EfT stem ';provi.des information to p The fleet maintenance sY ve3irles, special rolling stock. and control maintenance of ' city tools the atime (backhoes, 9tc•) and small moltor 4u'equipment is triggered by y Preventive maintenance on not mileage< associated with the rotation group, arts are charged When maintenance is performed, alI labor hours and A to a specific budget line of the city departmentfdivisions s stem groups the costs to pass to the general ledger 3 The maintenance iece at month–end closing capable of maintaining records for each p The module ;needs to by data: equipment with the f,Equipment engine size and serial of 1 Equipment number, make, model, year, numberersan 1 Department equipment used in and contact p 1 License number,tperiod before State inspection date' �. f aintenanee group (this specs, ies the his P on Of P ua ment' l preventive main;enance is requires forr ecord�`ocr-e each piece of Tha_ module maintains a maintenance history _- - -` equipment showing: Date of work 's Mechanic number mileage t� Repair o'. number c:med description Work perf ,_- Coit of _).abet cost of materials 1 equipment number reventative maintenance recora i pM flag, if this record is a p The module pr©duces u. the fol Ioaving reports: 1_ foruser specified da�he Preventive maintenance the equipment�enta description data. Data ,printed includes roup all work done on a department and contact data, and the maintenance g Jl Equ pment ma;1teriance anaxy sis showsRg i eC,e of equipment c,. a specific, p maintenance group �r each l Maintenance 'checklists keymenu by scheduled Piece of equip, PUBLIC WORKS 0PERAT1()N§ FILE MANAGEMENT _ACEMEf��` pr Dv ides C(�t_ _`il1 itli:Y DEVELCiP3"lEv f ,works operat ions file mar�aaement s s ti m The public" scheduling for the fnllawing functions: Street'sweeping Brushing program Sign maintenance Traffic marking , A7 C�tT1Jf� t,v ;o£ r1gard t ori�utt Ftf`: tORIw IPM FINANCIAL SYSTEM' NOTATIONS TO .RFP January 30, 1980 A. Cash receipts may need modifying to provide for centralized cash collection. Current system design ;provides for sepe,ra'te collection systems for utility billing and citations from general cash collection. B. Fixed Assets: The system was designed to not to interfaced to Accounts Payable for the Following :x•eFasons; Accounts Payable s indicates that, payment was made for some asset, however,, there is no evidence 'that the asset was received or where asset .is located. The notion is that some responsible person should '. . determine that the asset has been delivered and collect additional information for the Faxed Asset System. The Accounts Payable System will ;provide a list of assets , 3 purchased for the Property Control. ?Manager. C. Municipal Court.: May requi.re some modification for autamatioa of distribution of fines. The court system does not r:urli:ently interface to Genera]. 'Ledger or Cash Receipts System. D. Fleet Management: system does not now store contact person or State inspection date. • a !=:FN A' i yr Terrfis and Conditions: The Institute for Professional Management (IPM) will provide the o7 oware software modules at the stated price of $30,000- Accounts Payable { Utility Billing Cash Receipts General <Ledger, Payroll Fixed Assets Municipal Court Business Tax S, . . feet Management Included 'in the quoted price is the following: 10 days of 'on—site training 1 user manual for each module year application support �r Other Considerations: Any additional services, such as programming, training, etc. are billable at $65 per hours r7 IPH will not deliver source code, unless contracted separately. a 5i {a5 MEMORANDUM TO: City Council March 6, 1986 FROM: Community Development Subject: Land Use Decisions There are no land .use decisions for Council packets today, but one will be hand--delivered on Monday evening for: SDR 5-86 Equities Northwest (Burger icing) , located at Sid Corner or Scholls rerry and Nimbus. P JAF n Y �t BFxL k - PR" 8 I M1 _ f CITY 0F TI ARO ' r4OTTo�� OF OCCJSIOW � SITE IOFB"E tti€ MT Rr+laEt� AOR 5-86 6orthwest to construct a 3700 squame forst Equities APPl T RTIC3l�: Request by ro erty -zoned I--P (Industrial park). r+stassrart and related Facilities on p p .. located ore the 'southwest :corner of Scholls Ferry Rand' and Nimbus P�venue (4�CTe� ISI 34AA lot n given that 'the planning Director for•. the City �f ;. DECTSlorj. Notice is. her-.by l cation s biect to ,certain Tigard has APPROVED the above described app-� �f cogaa.ticrns. The finding and conclusions On �;hich tate Director based his decision are: as noted bela��. .: A k IWCDI&o- 097 FACT s Background Center has been partiall+,� developed as the r iC 26-78, Cti 33--78. . The 1011 Business,={ rove,s (yC 23-78. result of several City app Twelve building ha`�e been constructed k'ithin Phase and SDP 8-80' . MPProved for `construction3 ,R the ,. I of the .Project:. plans were is su�sjr�c{ site, but not�airAg m�terialiiew �r�d. fart the0mainapbuildingvCor :. approval was r�raroter4 in 1985 (SOR .2_8�� yhe site plan thisprojectnear'the 3outhQrn erg of the property.aa ` t lication indicated that a second adjacent g bmitted for this ;APP adjacent u aald be constructed within th n�nb�a�3edreveloiMent s� tion ately to the Scholls rerr'y R �.. 2. Vicinity Infor bion side of Nimbus Phase I of gall 'Business Center is an the east urdosa�s lies to Avenue end a separate tract intended for gr'eer y' dpose 0 Creek. & e south -arid West between the Subdivisianbject �a�re south of the creek. Residences Within r+g The City Of Beaverton is directly north o� Scholls Ferry Road. V^ Site Information and Proposal Description .. presently undeveloaerl and tree applicant has began The property is p square `foot business/retail building in the construct a 22.775 q e rO ased drive-in to con ro erty. Th p p southern portion of the p p � restaurant will be situated an -the apposite side or the parkin lot ne=ar the intersection. _ Agency and MPO Corey;tints > She Engineer Divisirsn has the following Comments: a, The vehicle drive thron soq aas h she yid hebe ! htsd crr rculating to avoid problems Caused by , into eyes of motorists an Scholls Ferry thek` vehicles shining Road and 'Nimbus Avenue. � :• .. P€OT;��: or DECISION - sf7R 5-06 - PAGE i j g : r b. If the building is to be separately owned, a partition, � joint access agreement, a,,d utility easements will be necessary. Ft c The.'Building Inspection Diviaion and the Tigard Water District have no objection to the request. The State Highway Division indicates that no direct access is permitted � to 5chol,ls Ferry . Road. An 0.S.H.D, permit is required for any; work ; within the right-of--way such as landscaping No street improvetments are x required by the 'Division. � I'. No Cather comments have been received. � S. ANALYSIS €Nig CONCLUSION The proposal is basically -consistent with the applicable provisions of the Co unity Developraapnt Core, However, several aspects of the ' development that warrant further discussion are noted below: ] . Street Access t s Because of the refusal of the Highway Division to allow direct access to Scholls Terry Road, the site plan must be revised ' according Z. Parking The original Calan that was approved as part of SOR 2--85 contained �^ 103 parking spaces. The parking spaces indicated in this application total 96, The main building will. be 22.,775 square feet in size .and the restaurant will have a 1„573 square foot dining area. The assesintended for the larger building will have a parking requirement of one space per 200 to 500 square feet of gross floor area and the majority of the all uses are 'subject to a ratio of one space 'per 350 square feet. Restaurants must provide one space per 50 squmre -feet of dining area plus one space for every two employees � The total parking requirement is calculated as follows: 22.,775 sq. ft, a 350 = 65.07 1,579 sq, ft, 50 = 31.46 10 emplacesY d 5,00 i' Total Parking Requirement 101.53 or 102 spaces The number of parking spaces must total 102 unless the applicant can justify a lower figure based upon the projected use of the g, main bui Idi NOTICE OF DECISION —,SDR 5-06 PAGE12 RAN M. k in addition, the Code requires one bicycle rack space for every 15 required vehicle spaces, Based -upon this ratio, 'three bike spaces iInust. be provides for the restaurant. It is recommended that the rack design which has been approved for the maim building be used here as well. 3, Building Setback The plan notes a 20 foot setback from Scrolls Ferry Road and Nimbus Avenue but the scale distances are between 16 and 18 feet. The Building Inspector will require a 20 foot setback for the restaurant. 4. Landscaping The landscaping plan for the entire center was approved iV11 conjunction with SOR 2-85. However, one modification will be necessary, to address the concern regarding headlights of cars using the drive--up window. Some type of buffering, such as; a low hedge, should be employed to mitigate this problem. �m 5. Allowable Uses The I—R Zone permits the following uses provided that separately or in combination they do not exceed 20% of the total square footage of the development complex — convenience sales and personal services day care facilities — eating and drinking establishments personal service facilities ' general retail sales. The entire center including the restaurant contains a gross floor �. area of 26,475 square feet and a maximum of 5,295 square feet zaay bedevoted to the five uses listed above. After the size of the restaurant is deducted, only ,1,595 square feet of the main buildiirtg may be utilized for any of the above uses. C. DECI'Sio The Planning Director approves SOR 4-96 subject to the following F . conditions: 1. UNLESS OTHERWISE NOTED, ALL 'CONDITION SHALL BE MET PRIOR T'O ISSUANCE OF BUILDING PERMITS. 2, The conditions of approval related to Sensitive Lands Pemits (SL 5-°-84 and Resolution No. € 4--61), Street Oppriing Permit numbers 230-96 and 229-06, and Site Development Review (SDR 2-85) sha l remain in effect. 4. NOTICE OF DECISION Smit 5-06 — PAGE 3 3. A revised landscaping plan, which illustrates the method to be used to screenthe restaurant driveway, shall be submitted to the Planning Director for approval. 4. The design and location of the three required bicycle rack spaces shall be submitted to the 'Planning Director for approval.. S. A •mlinic urn of 102 -parking spaces shall be provided on a revised site plan 'or ;a lesser numberx &vast be justified; by thte applicant and approved by the Planning Director, 6. wo access shall be permitted to Scholls t=erry road unless State Highway Division approval :is obtained. 7. This approval is valid if exercised within' one year of the final decision'date 'noted below. D. PROCEDURE 1. Notice: notice was published in the newspaper, posted at City Hall and mailed to: XX The applicant €. owners XX €?tamers of record within the required distance XX The affected Neighborhood Planning Organization XX Affected governmental ,agencies d. Final Decision; THE DECISION SMALL BE FINAL •4N March 17, 1996 UNLESS AN APPEAL � IS FILED. 3 �Pea l. � Any party to the decision; may appeal this decision in accordance with Section 19.32.290(A) and Section 19.32.370 of the Community Development Code which provides that a written appeal trust be #' tiled with the ,CITY RECORDER within 10 slays after notice is given and sent. The deadline for filing of an appeal is 4:30 P.M. March 17, 1996 g f' 4. Questions: if you have any, questions, please call the City of Tigard Planning Department, Tigard City Hall, 12755 SW � Ash, PO Box 23397, Tigard, Oregon 97223, 639--3171. r . P SPARED, D'.' Keith Lidera, Senior Plan � DATE. _ - �dilliam A. , ossa an, DireVor oofCommijaity 132ve�3op�aent D £ APPROVED , (KSL:dj/2407P) �OT�CE O€ DEC��STC 1 SDR 5-66 — PAGE R P { ;``1 ✓ j `\ t � ` 27 LF (/fin�LL `�J\ :5 , i •t \ 6USipi23 \` P CITY OF TIGARD, OREGOW1 w COUNCIL AGENDA ITEM SLIMARY AGENDA OF February 24 1386 AGENDA ITEM �: r •� DATE SUBMITTED February 20, 1986 PREVIOUS ACTION: None ISSUE/AGENDA TITLE: Acceptance of _ 3ard Cesristian Church Sanitary PREAAREO BY: Rangy Clarno' Seer Service Agreement REQUESTED BY: Enclineeri�Division DEPARTMENT HEAD O:S: �—--*1 Via?` CITY ADMINISTRATOR - POLICY ISSUE INFORMATIf5SLJMAR`d 1. The Tigard, Christian .Church, located on the corner of SW Hall. Blvd. and Sri O'Mara Street desires to hook up to the Public sanitary sewer ;system as the result of a recent Site Development Review approval. k' 2. Service is available to then by several different routes, however, an extension of the existing public mainline is required in any case. 3. riven the complexity of future service to upstream (Basin) properties and the routing alternatives, it's necessary that we enter into an agreement (attached) with the church outlining specific responsibilities relative to ;their service. 4. The sanitary sewer Master Plan, which should be complete next fall, will w resolve questions relative to basin service, rating, pipe sizing, etc. ALTERNATIVES CONSIDERED SUGGESTED ACTION The ' Engineering Division recommends that Council accept this agreement and authorize the necessary signatures. (3595A) CITY or, TIGARD, OREGON AGREEMENT THIS 'AGREEMENT is made and entered into this day of _ 1986, by and between the City of Tigard, a municipal corporation of the Stat: of Oregon, hereinafter stalled "City" , and the Tigard Christian Church, a corporation of the state of Oregon, hereinafter called "Church. " .W I T N E s S E T H. WHEREAS, the Church wishes access to and the use of a public sanitary sewer line wheresuch access does not presently exist; and WHEREAS, the City wishes the right to future use of Church property ,for the extension of; public sanitary surer lines; now, therefor, IN C=ONSIDERATION of the foregoing premises and the terms 'set gg �' forth hereafter, the City and the Church agree as follows 1.. Traria. The term of this agreement: shall he from the date of execution to and including the Ist day of September,, 1986 unless sooner termi nated under the provisions herein. THE CITY AND THE CHURCH AGREE THAT TIME "I IS OF THE ESSENCE OF THIS CONTRACT. 2. Extension of Public Sanitary Sasser Line The Church agrees to construct_ or ha,.Te constructed, entirely a t the Church's own expense, .a public sanitary seder line subject to the conditions found at section 6 herein, to extend through, along and under the Tigard Senior Center property located° at_8815SW--O'Mara Street and more particularly described in Exhibit "A" which is 'incorporated herein by reference. This sewer line shall connect with the existing public sanitary sewer line located on the City's property described in Exhibit "A" and shall extend through, along and; under the; City property to the eastern property line which abuts the Church property. The Church further agrees to pay any and all costs incurred by or related to the connection of the new sanitary sewer lime extension ( to the existing public sanitary sewer 'line °which is lccated can the Tigard Senior Center property, 1 CITY OF TIGARD, OREGON AGREEMENT The Church further agrees to submit construction plans to the appropriate governing body and to execute and abide by the 'City's standard "Sanitary Sewer Compliance agreement" , a sample of which .is .attached hereto as Exhibit "B" and .incorporated herein by reference. The Church further agrees to secure and continue to carry at the churcill°s own expensc construction and liability insurance in the amount of $ 3oo,000,&o from an insurance company acceptable to the City. Said insurance shall be valid and in full Force from the date on which the Sanitary Sewer Compliance Agreement is executed by ;all prate ties- xtr GZPnt nub alg to and including the date on tr hich the City accepts dedication of said sewer line. The Church further -agrees that from the date on which the sanitary Sewer compliance Agreement is executed 'by all parties to and Including the date orx i�hioh the City accepts dedication of said sewer line, the Church sha.sl, indemnify and hold harmless the City, its officers, employees and agents against and from any and all loss, � cl.aim.s, actions, suits, including costs and attorney's fees, for ®r 'on acco<uat of injury, bodily or otherwise, to, or death of persons, c?am ge to or destruction of property belonging to the 'dity, resulting 'R s uc or 'an way connected with the Church's from, arising out �' y activities relating to said sewer line extension. _. The Church further agrees that before the City is to issue any construction perm-its for this project, the Church shall execute and provide satisfactory evidenceto the City of a. separate agreement by and between the Church and Mr. Prichard 'Sturgis, granting all neces- sary access, easement, and connection rights to allow Sturgis to extend a private sanitary sewer line across Church property to con-- sect with the Church's private sanitary sewer line. The City agrees to grant a eight of entry to the Church, allow- Ing the Church or its agent to enter upon the Tigard Senior beater procsex^ty described in Exhibit "A" . for the purpose of excavati.rag constructing, completing, and inspecting said sewer line. Said right of entry shall expire upon final acceptance of the public sanitary sewer extension, by the Tigard City';Council, or upon terminatioof this agreement, whichever shall occur first } The City further agrees to execute such agreements between the City and the Unified Sewerage Agency of Washington County, Oregon as are-required to permit connection of the new public sanitary sewer lime extension with the existing public sanitary sewer tine located can the property described iti Exhibit "A" . ' The City further agrees to permit the Church to cennect and use a private :sewer lame which shall ;join the public ;sewer extension line , at the eastern property line of the City's property as described in E xb.ibi.l "F.SR" . E: 2; - CITY QC TIG.A.RD, OREGON AGREEMENT SY 3. Dedication The Church agrees to dedicate said public sewer line extension to the City upon completion of the line a,.d upon inspection, appr o- val-, and certification by .the City ;and the Minified Sewerage agency of Washington County, Oregon that said sewer lite meats all applicable state and laical laws, codas, and regaalations. The City agrees to accept said sewer line extension upon in-- spection, approval, and certification by the City and the bnified Sewora a Agency of Washington County, Oregon that said sewer line ''extension meets all applicable state and local lavas, codes, and regulations The city further agrees that upon acceptance of the S;�srzrsh`hall dedication. of the, sewer line extension to the City, the Cite s thereafter maintain the line and assume liability therefore. T-he City further' agrees that upon acceptance of the dedication, the City shall indemnify and hold harmless the Church, its officers, employees and agents against and ,from any and all looms, claims, actions, suits, including costs and attorney's fees, for or on account of injury, bodily or otherwise, to, or death of persons, to ge to ear destruction of property belssrsgipg to the City, resulting a.risi.ng out of, or in any way; connected with the City's activi ties latAng to said' sewer ling: extension. 4. Easement The Church agrees to execute and record in favor of the City, and in a. form suitable to the City, a _permanent sanitary Newer ease- ment running south along the Church's westerly property line 'from the public sewer line extension and more particularly described at Exhi- bit "C", which is Incorporated herein by reference. By this ease- ment, the Church shall permit the City to enter onto the Church's property at such time or times as the City deems necessary for the purpose of excavation, construction, maintenance, inspection or extension of the public sanitary sewer bine and any extensions there- to within the easement. A copy of said easement is attached hereto at Exhibit ,"D" , and incorporated herein by reference. 5. Noun-Remonstrance. The Church ;agrees to execute and record in favor of the City, and In a form suitable to the City, a non-remonstrance agreement, a ` copy of whish is attached hereto as Exhibit "E" , and incorporated herein by reference. 6. Non-participation. The City agrees subject to the conditions below, ;that the Church 3 CITY OF TIGARD, OREGON AGREEMENT iir shall not be required to participate in or contribute to any future L.I.D. which is formed for the purpose of constructing, extending, or expanding public sanitary sewer lines through, around, or near the Church property. The City further agrees that, should an L.I.D. be formed through, sozaxad, orneap° the Churg. property for the purpose of constructing, extending or expanding public services including;but not limited to public seer lives, the Church shall not be required to participate in or contribute to that portion of the L.I.D. which Is required red tea finance the construction, edtcavat on, or extension of said public sewer line. Not withstanding the language contained herein above, the Church, And City agree that prior to commencement of constructiorn engineers from the Church and City shall jointly evaluate the projected future ;capacity req uirements of any -sewer lime extension to nearby Properties. The engineers shall reach an agreement as to the sewer line size 'required`to serve projected needs' In the event the line is extended in the future. If the engineers representing the Church and the City are unable to reach an agreement can the required sewer lino diameter,, 'then each shall select one licensed engineer; the two engineers s gra selected shall name a, third engineer. The three ,. engineers selected shall study all available data and determine the sizing required to ,serve projected needs, which determination will be binding on the Church and City. The Church shall Install entirely at Church expense a sewer .line of the ,agreed upon diameter to accommodate these projected needs. if the Church and.-City or their designated engineers determine that future server requirements will exceed the capacity of an 8 inch seer line, and if the Church' thereafter refuses or fails to construct and install a sewer' line of the agreed upon diameter, then the non- tion to a , stained in this erection shall be null and void and the city may require the Church o participate in .rad contribute to future public sewer L.I.D.'s. However, if the Church constructs a line of the agreed upon diameter to serve projected needs and it is later determined that actual needs require a. lamer lime, the Church shall not be required to participate in or contribute to any L.I.D. formed for the purpose of 'constructing, ,extending, or expanding public sanitary sewer lines through, around, or bear the Church property. If this section is deemed null :and void as described herein, all other sections of this agreement shall nonetheless remain valid and in full force. The Church further agrees that the City may require the Church to participate in and contribute to any future L.I.D. or portion thereof which is formI for° purposes other than `construrtSng or 4 CITY or, TIGARD, OREGON AGREEMENT extending sanitary sew er lines through, around, or near the Church property. The Church further agrees that .in the case of any L.I.D. In which the Church is not required to participate or contribute, the Church shall not be "enti tied to any credit, ;refund, or nay back for costs in.curred'by the Church in the construction of the public sani- tary sewer line extension contemplated in this agreement. Non-vola.iver.. The failure of the City or the Church to insist upon or enforce stride performance by the other party of any of the terms of this contract or to exercise any rights hereunder shall not be construed as a walver or `relinquishment to any e�stent of the City°� or Church's right to assert or rely upon such 'ternis or rights an any future occasion. S. Attornels Fees. lr case suit or action is instituted to enforcetheprovisions of this contract, the City and Church agree that the losing party shall; pay such sure as the Court may ad udge reasonable attorney's fees and court costs, including attorney's fees and court costs can appeal. 9+. Annlicable Lasa. This contract shall be governed_ by the laws of the Mate sof Oregon. 10. 90M2 e'te A reenent. This agreement and any referenced attachments constitute the complete agreement between the City and the Church orad supersede ny arra all prior written or oral discussions or agreements. IN WITNESS WHEREOF, the City has caused this agreement to be executed by its duly authorized, undersigned officers and the Church has executedthis agreement -:on the date: hereinabove first written. DATED this /,J)� �dav 1966 CITY OF `CIGAR D { . r ' 5 - CITY OF TIGA2tD OREGON AGREEMENT s z SIGNARID SC�a�R moo' before me phis dad of 1986. 1 Nc;a:ry P liE for Oregon Mir Commission expires: t DjkTED this day of CHURCH By: Tj SWORN to bef ore me this_—dwY Of SIGNED A14 F o'tar*yr Public for 'Oregon .�y Commission expires: i GREEMEDIT j a rr. k ,u� a 4 k:X6lJ'}31'f "f�" ;e 1T.�aAi2f) :.F_IVT"OR t:HNTl�R PROP{_RTY k.EGAL DESCRIPCtON Beginning at ars iron pipe and stoneat the 'Northwest corner, of Lot 8 of EDGEt-400D TRACTS, a duly recorded subdivision -in Section 2, Townstrip 2 South, Rar. e 1 West, of the Willamette 'Meridian, Washington County; Oregon; and running thence �3orth 00 58' East, a distance of 20 feet to the trove ,point of - beginning; the ence continuing North 0° 58' East, a distance of 507.3 feet to an core pipe atearner of a tract of'. land::conveyed to..:A. R. 'Prier:, thence North 58o 53.' West on the South line of said Prier Tract and the sante line .3 feet to an iron pipe, at an angular corner of a continued, a distance of 309 W, Finn, by ;deed, recordedan page 253 of tract of laced conveyed to James volume 232., Washington County Deed 'Records; thence South 031, 37' West, a distance of : 540.66 feat to the 'Northwest corner of that tract of land, conveyed by dead, to James Gary Chamberlain, ct ux, recorded in Book 848, page 3�si., zahington County Deed Records; thence South 890 28' 30" East alone the 351,North line of said Chamberlain Tract, a distance of 189.56 feet', thence South 03057' West continuing along said Chamberlain Tract, a distance of 10.48" tnca n the arr :.f � 158.44 foot radius curve tt� the lef �"e t (the long chord of amhict; bears South 28° 29' 50" East, ;168. 16 feet), 177.61 feet to an iron rod on the -Westerly line of SW O'Mara Street (Couraty Road Via. 567); thence lyort€: 00 26' East, a distance of 4.79 feet; thence Worth' 00 58,' East, a distance of 20 feet; thence North 890 '40' East, a distance of 20 feet to `the true.point of beginning. a SANITARY SEWER COMPLIANCE AGREEMENT y da of , 19 THIS AGftEEME.NT dated this c hereinaf ter between the CITY QF TIGARD, a municipality of the attire of Oregon, , termed the "City and p. hereinafter termed `'Petitioner t: W T N E S S E T H: W Lied to the Cityforapproval of construction y WHEREAS, petitioner has app of publ4c mainline sanitary seuTer,` to be known as ` being within the _boundaries of an V gra on tl:e attached Exhibit "A", and by reference made a part hereof; an.__ , WHEF.EA_S, the City of Tigard requires applicants for construction of appurtenances thereto, co submit to construction plan sanitary sewers, and app provide r yieu*, construction fnsp�ction and testiseg, and, further, to payment of " perormanc €assurances, to grant public' easements and to remit relevant fees and charges; and ` WHEREAS, Che City has approved and adopted the Standard pecificatio eraoe Public Works Construction by A,I'[�A, t3for hartChapter, and Y g rules, regulations and specifications for sanitary sewers via Ordinance No. 84'-58,and amendments thereto; and FIIIERtvtsS, "the public sewer improvement required to be constructed by the petitioner is ircomplete, but petitioner has nonetheless requested that the ` granting of easements to the public, and the parties herein named city, permit at and assure that 'the improvement will be desire to protect the public inters iatstailed as required and completed within the time hereinafter set forth. OW, jk1EI.ErfiFtla, in consideration of the foregoing premise and the covenantsand agreements to : be kept and performed by the petitioner and petitioners surety, IT IS 'HEREBY AGREED AS FOLLOWS: vements shown on the 1. Petitioner shall proceed to complete all public impro i approved w the Cit of Ti and and prepared improvement plans P. �y Y g dated ; byyear from the date said improvement to a mpleted no later than;one (1) 1 : o£ dais agreement Petitioner to comply with all rules,agrees to use nly regulations and specifications set forth by the City ando conform`thereteh S materials and to follow such designs as is required t Petitioner, via a registered civil engineer, shall, provide inspection erifictiOn of of installation conformance, to the City prior to City petitioners improvement work for initial City acceptance. To assure compliance with the City's requirements, and the provision { 2. s �Lhe City, a rees to obtain, provide and Ye�xd thereof, Petitioner ager w surety bond(s) in 'fprrz approved by the City, with liability in an amount equal to the contract price of _ prior to City issuance of n Permit or approved cons:roct9.On plans far construction of said t, improvements petitioner's contractor shall be licensed, bonded, and i:nsuredA T. 3. In the even[ Chat the Petitioner shall fail, neglect, or refuse to proceed iOn with [he work in ah orderly and progressive manner Co assure com;�Ic[the w2thin the time specified, upon ten (10) days notice by :the City to the Petitione to er and the Petitioner's surety,maand atsuch its daption pr ceadfault and i tog have proceed" continuing ;thereafter, the City y proceed work completed and charge the costs thereof against the Petitioner and the Petitioner's surety and in the event the same be not paid, bring an action on said bond` to recover amount thereof. in the event that such action be broughtb; the Petitioner and the Petitioner's ":surety shall cr be required to promise and agree to pay, in addition to the amounts accruing, and allowable, such sum as the court sas habdtha adjudge Trial and attorney's fees and cost incurred by the City, Appellate Court, if any, or the City may; at its option bring proceedings to enforce against the Petitioner and/or Petitioner's surety, r perfor nce of the contract and compliance with the standards adopted by like manner, the City shall be the City sof Tigard, and in any event, in a to.recover such sums as the court may adjudge reasona entitled ble f Appeor llate City attorney°.is fees and cost9 both in the Trial Court and and App Court, if any. 4. Petitioner, concurrent with the execution hereof; agrees to pay the 'following fees and charges: a> d plann check and inspection fee to cover the c the °Ci yis eviewstf public mainline construction; plans and, periodic inspection of mainline construction (except building connections) in the amount of � racessisa building b4 � connection permit fee to sorer the ccs, of P g coarnection permit applications and performing inspection of priorito connection(s). Said fee to'be determined, levied, and paid laxioz to connection of building sewers to (this) public mainline sewer. C. 3 surcharge to connect directly or indirectly (strike inapplicable word) to an existing public mainline sanitary sewer which was installed without cost to the Petitioner. Said surcharge to be determined, levied, and ,paid (try the Petitioner) in accord with terms of agreement between the City and de rd monthly sewer service charge for use of the public sanitary sewer system, agrees to make periodic inspections ,as, in the City's 5. While the City a judgment, is necessary to assure compliance, the Petitioner agrees to provide certification that the improvement has been installed in accord with City standards and the approved improvement plans said certification to be signed by a registered civil engineer. 6. The petitioner agrees to provide the City with 4€3 hour advance notice of commencement of construction and, also, 12 hour advance notice of requested field inspections. tioinsure that Petitioner's 7. The petitioner agrees to engineer obtains accurate tiobuilt (field) co hat records of said sewer installation and, also, -grecs' to insure that the City is furnished ,with one acce:rate as-buil t mylar thereof anti, ,further, with accurate legal descriptions of all necessary easements. 2 ��. ht such time as all pubiic fmEsrovecments have been completed in accordance with the City's requirements, Petitioner shall submit the aforesaid \ �µ installation conformance to the City to notify the Ci ty certificate of inspon of readiness for conditional acceptance ection and, then® p notification �y the City that all requirements have been met, the � Petitioner will submit to the City a 'good and sufficient maSntenancy percent 20%b°riof in -form approved by the City, Yusen correctionalofQ ttY� defects e work' or the contract price to Year after conditional maintenance becoming apparea�t ornsbarising he within one City- acceptance of the public irp:ovarnents by the City= Upon �.eceipt �f certification from the Department earfMaintenancet€ond,ices the that all requirements have been; met, and ore Y City Council. agrees to 'accept the public improvements subject to of Petitioner's is correction of deficiencies, and maintenance, for a period of one year4 , meal of the application to �® on of That Petitioner, in consideratiCity apP construct a public sanitary . mainline sewer within the bocindaries of the Cit does hereby covariant and held by or to be held by Ye agree to save,' hold harmless and indemnify the ;City, its officers, agents arra' employees, for and from all claims, demands, damages, and each and gatiox� 'that can or could every other ubliarise from the neglect of Petitioner, his officers, agents, contractors aril employees, or from trespass upon 'p*operty outside of the easement area, including attorney's fees and. costs, if any,; necessarily incurred by the City in defending ; against such claims, with the intent and purpose that the City shah be. _ y be required to pay or: be ,. made whole with respect to any amounts it may held liable for in connection with exercise of real or assumed privilege afforded petitioner for sewer construction. purposes IN WITNESS WHEREOF. the parties have executed this agreement pursuant to authority vested in each of thenar CITY Q TIGAItD: them- PETITIONER: ------ Mayor. City Recorder (Attach taotary Acknowledgement` hereto) Return Signed Copy to: Acknowledgement E (JH:drsj023.4 S) - 3 M t test t UQ. ;J 3124-7 port of �hF� �ra��xty cvd)T��rI by W. J. txat of lanai loca, e-c in Ex p A+_arc J 1 r J L7C atC in se',+-.ion 2, a+CJ4 P 1sL11 2 SoUL!", �3x�^ 1 n �, �; c.urt Oregon' rn i dr cr tC: L�er .�'.r�., 'b iy4tce�, bdast'..tsu,v y tam suns' at a Point in the am bonfAl ion Lard Ci ,t� �i1�t tt�c and wife in :�ctioa 2, .wn 1Ti}a . :�t��h1.ak3ton C t F, ire'sin, 6.25 c Ila ns �.-tt� aa� 4.50 � x 712>3Y1, �a p :n ci�:fJ C^.;. t.n wast. of tCT:.". t�'t�t.+.r�'r C�1 � 'Gk:tedE'G'rx SSCtiC)I3� � and _ i';AI ��r11 A and R TT JC ; S s 1 eL tX?i1Tt b-i x?.j .its the C-I't-0Y'10ine " St" ^ 'til n South ,>' 2..2' b,'as+" ')' oyv! th-2 ' .? a)Y7t�3y `tt.� #227 ) '227) {_C,.+ Y C(?.t-t�'Z•13.T4„. C�� ` teaet.'. ?il��hvja i�217 (Cou-ItY Rc`ir: r ." 'S�7 ,•li. L`.xt.�.�.C'�;T er 7 C dr+� int� Lai s r l Tr@.t 011': -It ` 4d1`•�a Y T�: L +LY L' r.x Ci COLxt t3 s e56 di n 20 Ce�xter�11Te O'` ft1?.`:,Y 5 C:'l...u`�c.. ..iia...:.;.'t:.J to as r'� `,� _.�:.'� ` �.'',.° `�e :e�°3t a'. y '1 mut. {Q i ..Yt '_T can t:,-v t),1a T °1' V AxdfY: Y j O 3ZiL� :bc Eta �� rr1�n4 uf r_c;3.;vuTa✓� '.of. ''`xc ��*ce' 'sere?*x : ?�C)!Lil '�1_Q )�je Easy;327.60 fcpt to .miff'. IC_\-i� tzTcc lda��.h rl"' 25� Sas 95.0+4 feet. ix; a point i:3 cnY,Ls �i et to a point ii Of-i�arm? Creak t`!Tc)zcc south 7€' 5�' Haat: 110.52'��Eilat 97.40 fe et fvi'a:. CAnt tsS'�.inG:.�3 7:',3s)g t3 �',.c`'a=:.tili'nce SOMA,. 221 ate'_+n z t!u:nc- sawJi 83° i' East 3 fl.t�fl f. :t to an LrC roll on aka: 47c: rs�zly . ttzxy olf zajA tatc a?ic l-xvzay— [ xax tG y v x;2273 and 20 feet bmn the Qclx e-ine 'tlyareof; tbLn= S2�,7e 2` in�:• 2at 276.20 f-cat a.'..ox the weste.:1y 2ib� of � t �ii�Yn�,i nr ©� ' ( uxti � #22'7) and 20.00 £ t :etc,tart y SCS i t ra t 1i 3l.iZ:i `vL?L 1'�,�Li47a�1 =17 $.{.'P aZ't L�'��SC! D1t3G' on t.a--': 3'dSv''�.kR '�343T' •�y d�« ccuntY ;`tet s 7 �EAtrara Street); thence Ie��t`T S>° GG' Wegt 495.34 :�aCraQrt+i line of COUP-ty ,, v X567 to an ?vvn rca acxt tri : aiz7t ofLex iririjx c f th<� rce `Tcrr n d+la t :. t� hX I ayE 1 mill CORPORATION PERF!ANENT SANITARY SEWER EASEt-ENT KNOW ALL MEN BY THESE PRESENTS THAT: hereinafter called the Grantors, in consideration for the sum of dollars ($__ ) from the City of Tigard, hereina£ta_r called Grantae> grant and convey unto the City of Tigard a perpetual'' easement for constructing, recons true ting,' operating, maintaining, inspecting and repairing of an underground sewer ,line and appurtenances, together with the right to remove, as necessary, vegetation, foliage, trees and other obstructions on the 'following described parcel of land, situated in the City of Tigard, Washingtan.Caunty, state of Oregon: IT IS EXPRESSLY UNDERSTOOD.that this easement Asea not _convey ,any right, title or interest except those expressly stated in this casement, nor otherwise prevent Grantors from the full use and dominion thereover; provided, however, that such use shall not ineerferm with the uses and purposes of the intent of the easement. IN CONSIDERATION of the premises, Grantee agrees that if said Grantee, its " successors or assigns should cause said easement to be vacated, the rights of the Grantee in the above-described easement will be I forfeited' and shall ir`nedlately revert to the Grantors, their successors and assigns in the case of such event. TO HAVE AND :0 HOLD the above.-described and granted premises unto said a Grantee, its successors and assigns forever. iN WiYNESS WSsEREOFy the undersigned corporation has caused this easement to be executed by its duly authorized, undersigned officers acting puraaant to resolution of i,ts Board of Directors.' Name of Corporation Corporate Seal` 3y: President's STATE OF OREGON ) By. geerFear as. y Coun:yof Washington ) Personally aTpearedaha' _ who, each being #first duly aweru, eld say Shat the former i the _ ,�residerit and that the latter is the _'secretary of t , a corporation, and that the seal affixed to .ze t"cregoing instxunenY is the corporate 'seal of said corporation and that said instrument was :signed and sealed in behalf of said corporation by authority of its board of directors; and each of then acknowledged said 3 instrument to be its voluntary act and deed. Notary Public for Oragon (NOTARIAL SEAL) My commission Expires. _ Approved as to form this day of , 19 By: city Attorney City of fig,rd Approved as to legal description this day of Bya City Engineer - City of Tigard Approved this day of 14 .CITY C011E3CIL, CITY OF TIGA1 , OREGON By: City RecorderW CiMy of Tigard EXHIBIT "E" CORPORATION CONSENT COVENANT (NONRMONSTRr1NCE AGREEMENT) Sanitary Sewer Improvements The undersigned o•ners (including purchasers) of the real property described clow da hereby recoro%` rovement Tiiard for the purposes of providing r consent to the formation of Z, opublic cal psanitary district by the City E to connect to. 'Tice sewer service that allow e the below,described property or ssndersigned expressly waive all present and future rights to; Oppose for sanitary remonstrate against the fdrmation of a"3oes1 improvement antest8ttheginclusion Of sewer improvements, reservit4g ;only the right to sewer cost iters in the impravewent district ,proceeding and any sight laws of the State of Oregon to contest the proposed they may ,have tinder the assessment formula. The real property that is the subject of this consent covenant is describers as follows: SEE ATTACHED EXHIBIT "A" IN WITNESS WHEREOF,• the undersigned corporation has caused this agreement to be executed by its duly authorized, undersigned officers, acting' pursuant to resolution of its Board of Directors.r' Name of Corporation -- Car norate Seal BY: President STATE OF OREGON ) By* as. secretary County of Washington ) eared and Personally "app _ ---- --- t d who, each being first duly sworn, did say that the ormer .is�th�e �-- --president and that the later 3s o€ .he secretazy r-r --- — —�" a corporation, end that the seal affixed to he foregoing irstrument is the corporate seal o€ said corporation and that f of said corporation by said instrument was signed and sealed in behal authority of ;its board of directors; and each of them acknowledged said instrument to be its voluntary act and deed. Pkotary public for Oregon (NOTARIEI, SEAL) My Commission Expires: Approved as to .corm this day of o 13 By: €;sty Attorney - City of Tigard -—� Approved as to legal description this day of _a 19 By: Eity Engineer City o€ Tigar6 Approved this day Of CIT'Sr E 19 COUNCIL, CZTy9a7kr TiOAP.D, O1tECQH City Recorder City of Tigard (0205S) .ey CITY of TIGAR® REGO® 'AGENDA €F: March 10, 1986AGENDA ITEM 0: ' DATE S+l ITTEO: Feb,,ar> 26 1985 PREVI 'IWS: ISSOE AGENDA TITLE Acceptance of Circle Rand Clarno�as . AW`Products Cozn�any and Western PREPARED BY: y international Properties nA man is t�zz'nr e � "e erxt REQUEMO BY: E�nQineerin� Services DEPARITd'rkr HEAD 09. ' CITY AW1RXS rRATi R: POLICY ISSUE IRSrofmTION SUMARY Circle A' W Products Company .and Western international Properties, have received conditional approval to adjust the lot lines of two parcels south of S.W. 'Tech Center Drive and adjacent to the Southern Pacific Railroad. One of the conditions was that the applicants grant a permanent storm drainage easement within 'a portion of the subject property. The necessary executed easement documents are attached for your review, a Engineering recommends that Council accept Chase permanent storm drainage " easements from Circle A h W Products Company and Western International Properties pHE t- � ,MW j- !! CORFQRA—TI—WN PERMANE14T STORM DRAINAGE EASDiENT KNOW ALL MEN BY THESE PRESENTS THAT Circle AW Products Company hereinafter called the Grantors, in consideration for the sum of no dollars ('*_2.00 ) from the City Of _ ' r called Grantee, grunt and convey unto the of.Tigard.'.a figaid,lreae.innf[a perpetual `easasment for constructing, reconstructing, :.:operating, maintaining, Inspecting- and repairing of an underground storm drainage line and appurtenances, together :with the right to remove, as necessary, vegetation, folie[ trees and other obstructions on thefollowingdescribed pares: of land situated in the City c-f Tigard, Washington County', State of Oregon:See A -trached hcrero and S.ncorporatc,d by reference. IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title or interest except those expramely stated in this easement, nor otherwise 'prevent'Grantors from the full use and dominion thereover;.provided, however,,:that such use shall not interfere with the uses andpurposes of the intent of the easement. IN CONSIDERATION of the premises, Grantee agrees that if said Grantee, its successors or assigns should cause said easement to be vacated, the rights of the Czantee in '2he above-described easement+. will be forfeited and shall immedistely revert to the Grantors, their auccessors and assigns in, the case inf such event i gg •U k{AVE AND TO FiULU the above-described and granted premises unto said Grange, its successors and assigns forever. IN WITNESS WHEREOF, the undersigned corporation has caused this easement to be executed by Its duly authorized, undersigned officers acting pursuant to j resolution of its Board of Directors. Fniary 10, 1986 Circle AW Products Company Name o" C;orpp,rat n Corporate Seal /'. 1 f t By: .__..:'� Ve Pricesld nt r, ' STA':E OF GRE+SCY GEORG.LA } By: i/ T ✓?rs r _ } ss. Secretary County;Of DeKalktsKhtEk.aC]X ) t+ Personally.appeared G. T Valaoras _ and W. E..Aeringer who, ?ach being first duly shorn, did say that the former is tiro vice . president and that the latter is -- the of Circle AW Products Con,,any a corporation, and that the ;eat affixed to the: foregoing instrument is the corporate seal ofsaid corporation and that said instrument was signed and sealed in behalf of said corporation by ° ` author.ry of its board of directors; and each of them acknowledged said instrut;en', ru beIt voluntary fact and deed. Notary Public for £i3',t lei -A to gra r (NOTARIAL SEAL) My Commission Expires: U1Gr"" 1VL". Appra ,J.es tv form tills day.of r9 By: City Attorney City of Tigard Approved as to .legal description this.�,t:� gday AI- G°fiCit F-i y of Igard Approved this day of �-�CITY CCH CII. CITY OF TI RDGi �_ j ity Recarder -,City of Tig C A08Cr47 M SCNLEiWNG - - -- fti.s e AND ASSOCIATES 8NC. SURVEYOR January �8,19eb "STORM SEWER EASEMENT" Arl e a s ement f or tarn r.bwer over tand 'Ocr®sr- a portion of that property recorded as FEE 81-035898 and over •a portion of TPACT "A", "TECH CENTER BUSINESS PARK", situated in the SoUthWest one- of section 1, Township ,2 South, Range 1 +est 0f the Willamette Meridian, in the County !tet Washirvc�tc�n and State of Or 'gon , bc-i ng 7.5,C) -feet an each side o-f the f eI 1Orsi ng described centerlJ nes iorr�r�_ncing at theaouth ane-quarter corner of Sectionj , Township SouthY Rang 1 West; thence North BY045'1I" West alana the South line of said section, 1 distance os 135. 17 feet; thence tJcerth 1�.719 '2I°` We=t, a. distrince' of 510.2 feet., thence South West,; a di s-tarkce of N5. 2 deet to a; pe'irat on the center' - difie 04 a.r, ex stinq 19 inch (inside diameter) corrugated snetcj pips and the TRUE POINT OF BECINNING o-f the herein€ , 'described center-1 in ; thence North 17ol it '52" East, a distance of 'q�,� deet to a Point on the center line of an existing 24 inch :inside. dinmeter3 concrete sewer pipe and the terminus of: said center- iine.` EXCEPTING THEREFROM that Portion lying Within the bounds of the SOUTHERN PACIFIC RAILROAD right--o-1-way. REGISTERED PROFESSIONAL. Cs�«:E tx C3 Itit `JULY 17,.1981- BRADLEY S. SChLEINiNG 1953 ' 4 Y Y' Ye , PRE1.L0NT STREET FyC+PTL.AN D, ORrE.GON 97213 rf10NE 264-,5896 �� -� i � 'Y �w �,. �� €�,. �' 7�?S ��.;=v r�.� r .� �' �� '� �t �� Fr-i �, 3 :� # ,�:- r i. �h�rpt �� 4 ati,` �� a � .4Y� � �y �y � � �A 7 �� t � V � .. � -- _ .. � 'a Y � � � . �� `'� �R aux ':� y. �. � '�;� t i �� x � �. � �.� o- _ y. vy z i ��. ��; �,� � �fl �� W �� `�� { � '! q.y, w h � ` � �, ��< �` �� d ��. � �` ,' �, y � ' �� ` �� „ t'� �,a .� - �.,I �. ,K �,�a� ��' '� ��' p�� F rr�, ' ; ��.< $. F 3ai � ��a��°,,33i � Y �� , . .. ,,�> �,, A� , � xt.---..: ,..�, �....x=-i.�.,Y Y.s;,.., ..,..t,+F -;e.;?�^`d�l 1�.4 a-_ri":+* "kau�Al�s"�g.�y ,." " ..tri iSNv� y. � >l��v t7e�.: cu LF.Y ati...._.3 `��V.:. ia��r x _x�=etty'. �wi.�S a� ,`�5 � �� . : �� 2 �:. $`;�� .�.Ry�..� � :. a4 ""�..;��'r,x-1 E's'.i�.�,��; �",- r� �'•�� •: � � � :•a`.c' �c,?� 'G, s�' '3 �_��t.s�1 �.�.. ��'�r+�tki. u.t�'�$F�..�. r:��f` w �:w�xr nz�''_'g ,,aYa,:.., F`�.•.e �:,. 7t ,,,. aes'�''.. �rS�btu.a. .3� ,,..,. �.�, �.,x"u;�t �r { . �,' y�3� :`t7�). ..t �i ._ a� � :� .rte: g,�,_�+ .--•�. . ;��, fi-�.. ,.�5 -=`:?^. ,4 ..'R,< .sfi -_,!, _;3'� ksc.0=,�..�f�` y��.;�- a�2'�G�"C*�r-�~"-..:L`w.�ir�k�..._k v,,^�,;. 7 ^s r�w3`-rr,k..., �.. ,.,.. r. ...r.`9 � ...k�,�t`�-}}.,..�.;+�SYn.{.r`ey��,�,�+�.Ta�'de�.`�:t ¢ t sM# 5k�i,•..:� � ...`T xk -'�-°' ,�:�...;�.�"4,'}..,, ..�.w,f'k�..•,-. +, �3. r rr."�t'r�:?t-y ',�3'e a..vat4 x��5u:�S<�..,a �..aF-'��„y �s1'� p� .v`*-'�r"7.�:'t �..4r„ t� ;;}p ase- r€£�._,P' �r� .1""�.`c.,� ��Ss �..r-.7�y=K".�".°.�a'�S .;� 5 1.: "t ui�... 4,�„ 'x: ar,. ¢.::.ya, •u��r-J,�a ri;�:�-.�.,�b a� �,,: h3-: �"v.. �_=C�.x� - .,..,�s „t '� `.�� ,�^� .,�E. '-w '�+,t;r„��,� �:._„ '�.,.-"� ,�`�` .r�-;�, x �.Y ?..�.x� f: -amt n3r ..s�.�s��r '.Kk� �,-+aa a�.5��-��`��=?e�re��'�'i¢v';'act�Y�?`�t�:�;gt u.�:-.�'2 .,��' �-a-br-��..si^w .'"�w-ru=A+s�''„�-mss.:rte-�„"�=+_r.,3vr..'s`.s'.�'V��'^�i S�`:x,.:�-�+ F,i��€=a.�5-•��' �''ai.�.,�.,�..s. �.�?`�t�.�.a,`:�t�. r, CORPORATION PERMANENT STOR!4 DRAINAGE EASEMENT KNOW ALL MEN BY THESE PRESENTS THAT WESTEW4 INTERMTIGNAI PR0PEEL1Ia, a joint venture editx> e-•a .n _of I.L.C,, Inc., a Wewhin n ccxpara on, , an i idi idea . hereinafter called the-Grantors, in consideration for the sum of _ dollars ($00 ) from the City of Tigard, hereinafter called Grantee, grant and convey unto the City of Tigard a perpetual easement for constructing, reconstructing, operating, maintaining, inspecting and repairing of an underground storm 'drainage: line and appurtenances, together with the right to 'remove,,as necessary, vegetation, foliage, trees and other obstructions on the following 'described parcel of lan• :situated 'in the City of Tigard, Washin ton Cotnty, Stste of Oregon: ,xh)-bit A" attached hereto and ix=rooratec by re erence. IT IS EXPRESSLY UNDERSTOOD that this easemedoes not �.: nt ;,right, title or interest 'except those expressly stated in this easement,, nor full use and dominion thereover; provided, otherwise prevent Grantors from the however, that such use shall not: interfere with the uses "and purposes of the '.intent':of the'easement. IN CONSIDERATION of the premises, Grantee agrees that if said Grantee, its successors or assigns'should cavae said easement to be vacated, the rights of the Granteer. the :above-described easement will be -forfeited and .shall i mmediately' revert to the Grantors, their successors and assignsin t'be'case _ :oF such event... TO HAVE A11D TO HOLD the above-described and granted;premises, unto said 6 Grantee, its successors and assigns forever. IN WITNESS T.c'HEP..EOF, the ':undersigned corporation has caused this easement to be executed by its duly authorized, undersigned officers acting pursuant to resolution of its Hoard of Directors. Datie £ebrtkimnr 14, 1555. I.L.C, Inc, a Washington corporation Ja s 13. N�emen, vidtan!Iy Name'af Corporation; Corporate Seal c By: STATE OF OREGON ) By as. Secretary County:of -We-0i:Att9#-ot1 ) Maltrpmah Personally appeared Jars B. and" who, each being first duly sworn, did say that the `r f orver is the Ccneraal M3auj� t•, ^c�nYprc I.L.C.. Inc, a corporation, and that the seal affixed to . the foregoing instrument is the corporate seal of said corporation and that said instrument was signed and sealed in behalf of said corp3ration by (4 utharity of its boardofdirectors; and each of them acknowledged said instrument to ba its voluntary act and deed. f Notary Pu lie or Oregon (NOTARIAL SEAL) My Commission Expires: 1-27-88T8_._� Approved as to f:rm this day of F OREGON to $b ?h.O Mb _ Approved as to legal description thi O0t5iV V 1 " oared the above named ParsonatP/aPP. �: Approved this 107 day day ofCe h, 3 ont to be tnaloregoinyinotrUm ed• • _._ knoealnd4od t and de 7 and at vn untatY ac oa 01o9 c • a EXHIBIT I! r � Si(?k3E�'7!u Sr HLEIN1NG ' z .: -Fte LOER! 2 AND ASSOCIAY •S; INC. SURVEYORS .January �;Bj 1906 "STORM SEWER EASEMENT Anasesa��rot ¢or Storm- mer over and across a;"port-ion flat prop erty recorded as EEE 81-035139a and over P; portion of 9F(ACT, "TECH CENTER BUSINESS ',i•',4RK Situated in the SOLItnVOP-St one-' t{uarter o€ Section 14' Township, 2 South, i Range 1 West of the Wi l l amctt e ' Meridian in the County of Washington and State of Oregon g being 7.50 feet on each side of the xollowing described center--1 ine. Conimencing at the Southone--qua- ter corner ;sof Sectioro1 , Township South Ra age 1° gest a thence ,North �9�45` 11" West, a)ong the South line of sai sisection, a distance o� 135. 17 fleet a thence PdortBs " 1°:•x' '21" Weft, P. distance of 510.23 meta thence South 197 ,21 152" West,, a di star ce of 35.2 feet to is point or, the center- ` sine of an existing 18 inch (inside diameter) corragated metal pipe ban3 the TRUE POINT OF PECI€ NING of the herein described center-linea thence North 47a11 '52`° East,, a distance of 93.8 •feet to a point an the center line of an existing 24 inch (inside diameter) concrete sewer ,pipe .and the terminus of said center- Bane EXCEPTING THEREFROM that portion lying within the bounds of the SOUTHERN PACIFIC RAILROAD right-of-way. REGISTERED PROFLESSIONA LAND S� iV•i~`fOFZ [' O:RG �LY 17;7P61 S. SCHLEIN114G 1953 'FRE.tv1ON T STREET PHO-NE,°284-5896 r .......... WV .....----- .... ........... Om IN WLI Mr RAM gg CITY OF TIGARD, OREGON Ct1UNCLL AGENDAk ITEM SUMIARY AGEiU A OF: P arch 10, 1986 _ AGENDA ITEM 8: DATE SUBMITTED: PREVIOUS ACTION: ovea t�ui.talaim isuibE/AGE D Tt E.- X39For Ar To St��e GF 4re�on Vacation - Call PREPARED BY: Loreen RE c Wilson REQUESTED BY: Marur•,JeKe?4PnQni Ince r For �a�k�lic tlea°�ine�, 4/1�S/86 ,� 4 CITY ADMINISTRATOR _ DEPARTMENT HERD i3EL��C' �',�-�2.r�, L ICY ISSUE Council initiated street vacation request - consistent with Cotancil. polsc'd as &dWpted by Resolution Flo. 85-30. IttidF 73?i�iA �s ia3 SUfIMARY fir. Paul Gram, o Mercury; Development Inc., has requested vacation of a portion of the 999 Frontage Road in the vicinity of Park Street. TI request will allow development of' a shopping center' on than property which has been known as "Tie3ar�i East". The commercial Develop€jer=.t is, scheduled to begin in ,',sane, If attached resolution is approved, -he public gearing would be scheduled for 4/14/e6. ALTE!j,%)TIVIES Cq.-NKLJERI�P, 1. Approve Resolution NO. 86-28 and hold hearing on 4/14/85. 2. Take no action at thistime S;..sGGEST'ED ACTIO Staff recommends alternative A. iW/3 855 NOTICE OF 99W FRONTAGE ROAD RIGHTLOF-MAY VACATION The Ciga City Council will hold a public hearing on Monday, April 14 1996, at 7:050 P.M, at Fowler Junior High School Lecture Room, 10665 SW "Walnut Street, is�ard. Oregon .�o consider the proposed vacation of a portion of the 99W Frontage toad Fight-of-way in the vicinity of Park.Street in the City OF Tigard. The request was °initiated by the City Council on March 10, 1986 at therequest of Mercury Development. Any interested person may -Appear and be heard for or again3t the proposedvacation of said lands. Any written Objections or remonstrance shall be filed with the City Recorder by April 14, 1956 by 5:00 PM. it publishY�arch 13, 20, 27, April 3 & 10, 1906 r fi r- CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: taarch- 10, 1935 AGENDA ITES'! DATE S DtI iIl-TED: P7�crcla 1, 198Es €REVIOUS ACTION: Adopted and Signed ,n a .ISSUE/AGENDA TITLE, Intergouern— Prevj2us Accre,ement mental Agreement — Doc; Control PREPARED BY.— Acting Chief of Police t r Enforcementasiin, on Coun REQUESTED BY: Washirt ton County _ :3EP^,FtTMENT HEAD 0l:: �.m CI1"Y ADMI�1ISlRATt3R; � a POLICY ISSUE a. toashington County has a Dog Control Ordinance and Doul Control Department. The City desires to maintain a Dog Control prograin by means- of an intergovernmental agreement. INFORMATION SUMMARY fi W shirsgton Cosarsty ror�sr�lidated sesreral ordinances into Ordinance too, 3061. ,. his `'3oes not change any enforcement pra< tine ,by the County Dog Control �. k. Department The City entered into an intergouernmeht.l agreement several years ago with the County for Doan Control enforcement. This agreement would &; ve for 3 years renewable for another 3 years automatically unless modified, s: rpnegotiated or terminated by either party with 30 days notice. � ALTERNATIVES CONSIDERED I. Enter inti? I:nterquyernnental Agreement ��itis �aasFzington County far Dog T;crnt 03 Erafurce ss int by the Dog Control Department. a< 2. fora not agree to ener into Inter oorernmental Agreement and start up City,S Mllr`:dog Control Department which would be extremely costly. SUGGESTED ACTION Alternative 91. .'r j, {.. DOG CONTROL AGREEMENT f 47 a. THIS AGRUMENT, made and entered into this day of 198 , by and between WASHINGTON COUNTY , a # -- subd n of the State of Oregon, hereinafter, g home rule � as refers ed t °County" and duly incoraoY aced pity in 'Washington County, Or•eaon� herein- in referred to as "City". � �11TtdESSE TH ORS ?o3.O4C° provides tihat a C linty ordinance adopted in the exercise f its o; re a er•s rgay apply within an ira��awgaorated city°, p" ovided` the elect®rs of the city or its gouernitr, body ' consent thereta. County has adapted ordinance mo. 30 , _a Oog Control ' provides for enforcement of the Ordinance within Ordinance, which p � the boundaries of Municipal corporations in the County, upon � inter°gover amental agreement for such enforcement. � county does maintain a Dog Control Department with a staff ent and administraii responsible for the enforcecrn ©f the County - Dog Control Program. n a Dog program within its City desires to maintai icor by means of this intergovernmental agreement and she territory r rovided terms of Countyd3rdinance No. 306 , except as otherwisep herein. tiAGREEMENT Page 2 City desires: to Cgntrart with the County for the administration and enforcement of the City 's Dog Control Program, and to terminate any prior agreements for dog control between City and County. County is agreeable to rendering those services on the terms and conditions as set forth in this Agreement. It ,would be in the best interest of City and County to enter into such an agreement to avoid 'duplication of effort and to viirrimize personnel costs, as authorized and p;°"ovided by ORS 190.010 through 190.030. NOW' THEREFORE, in consideration of the mutual promises and covenants set forth in this Agreement, it is -,,jutually agreed as follows: 1 County Ordinance No. 306, attached as Exhibit "A' and incorporated 'herein by this reference, shall be enforced within the boundaries of the City. The term, "Washington County" appearing in Ordinance No. 306 shall be deemed to include City for the put-`poses of this Agreement. The Washington County Dog Control Division shall administer the Dog Control Program and enforce Ordinance No. 306 within the City. The Dog Control Program shall include those duties and functions of the type AGREEMENT Page 3 coming within the jurisdiction of and customarily; Performed by the County in the administration and enforcement of the County' s Dog Control Program. 2. The rendition of such service, standards of performance, and employment of Dog Control officers, and other matters incident to the performance of these services shall remains mn the County. County shall retain full responsibility for the sets and omissions of its officers and employees, and shall hold City harmlessfor County employees ' negligence subject to the pr ovi'sionsof QRS 30.260-30.300. 3. County shall furnish' and supply all necessary personnel , equi penent, con-,,juni cation facilities and shelter for anisaal s as necessary to maintain the level of services tss be rendered sander this Agreement. All citations issued for a violation of Ordinance No. 306 shall be adjudicated in Washington County District Court. County will issue all licenses and permits required by Ordinance No, 306 and collect and retain all fees from sale of licenses and permits. City agrees that County shall retain all fees, charges and fines collected in the enforcement and administration of Ordinance No. 306. These monies are intended to defray partially the expenses incurrei3 b County in the ; ' '` administration and enforcement of Ordinance No, 306 and shall be 4. AGREEMENT Page 4. i the consideration for the services; rendered . County shall perform the services and duties described herein at no cost to City. S. Arty prior agreement between City and County shall terminate on the effective time and date of this Agreement. bs City retains full authority to enact regulations pertaining to all other subjects which 'may relate to dog control , including but riot limited to land use and noise regulations, City may enactadditional or more 'stringent 'ordinances pertaining to dog control not otherwise inconsistent with County Ordinance Nov 306. Enforcement of such ordinances and provisions shall be the exclusive res�orasib lity of City. City may choose to supplement the Dog Control program within its territory using his personnel at its own expense. City shall hold County harmless Jr from negligent acts or omissions of City employees under this Agreement subject to the provisions of QRS 30.260- 30.300. 7. This Agreement shall be, effective upon the date of its execution, and shall remain in effect for three (33 ,years. It shall be automatieal)y renewed for successive three (3) year termsunless modified, renegotiated or terminated by either party. Either party may terminate by, giving no less than thirty (30) days written notice of termination., s AGRFFM£NT page 5 � acting 4 ��. of h IN �il�'F�ESS WHEREOF, y e City recorder, has executed this y and through its mayor and City ton County . Agreement on the date appearing ng below, and bjashing - ugh ; � duly yrs anized and authorized Guard o County ., Ca�aiis�io erhay caused this Ag recent to be executed. 4, I 98L, --ram day Of -' DATED thi s . . Oregon. CITY OF Yo y i y ecog` er .98 day Of DATED thisa Drego". BOARDCF COUNTY C01414ISSI0HE" � FOR WASHINGTON COUNTY' ORr--G4H �i airman e—co r ing -)ecre.tary O®35r d ,.�.n�`°.: ;.�'+•..v'�,.' �Rsg.�__�, a tFf� :•'-. ..r�s, '' s' 'vim 6/ J 0198 1 IN THE BOARD OF COUNTY COMMISSIONEPS 2 art 'WASHINGTON COUNTY, OREGON 3 4 ) An Ordinance pertaining to Dog Control, repealing 5 Ordinance No. 306 } Ordinances 138, 1474, 155, 216,. 247, and 282; and 'Prescribing an Effective Date 7 The Board of County commissioners of Washington County, Oregon,,'' ordains 10 SECTION I . 11 The Board of County Co=issioneb s of Washington: County, 12 Oregon, recognizing that the Doa Control Ordinance of Washington ~ 13 County, Ordinance No. 133,; as amended by Ordinance Nos. 144, 155, 14 217, 24; and 282, is in need of revision, amendment and con- 15 solida.tion in the iciterest of public welfare, does hereby deter 16 mine the necessity of amending and codifying said Ordinance, as 17 hereinafter more particulazy described. is SECTION 2. PURPOSE" AND PLEADING OF THIS ORDINANCE. 19 In order to protect the health, safety and welfare of the 0, 20 residents and citizens sof Washington County and to provide for 21 control of dogs and protection of dogs and animals therein, the EZ 22 Board of County Commissioners for Washington County, Oregon, rhes p 23 hereby enact the following provisions which may be referred to Z= 24 and pleaded as _tnp "Dog Control Ordinance." o' 25 / 2 o page l ORDINANCE NO.. 306 N SECTION 3. DEFINITIONS. As used in this ordinance, unless t3be context requires .a otherwise: �y ",__NIMAL means any mammal, bird, reptile or amphi- bian. ?. "BAIL, means money or its equivalenti deposited by k defendant to secure his appearance in court for a Dog control ordinance offense a ; 3. "DOG" means any domestic marina? of the canine fie? family. 11 , 4. "DOG COITTROL OFFICER" azeans any individual employed 22y as:Ling�on Oesun y to act and. perform 't the duti€s i set for th in this Ordinance.. 14 5. "DOG LICENSE" means 'txaat license required to be iissued annuallyfor eacT, individual dag pursuant 16 to the provisions sof this ordinance. 17 G. "i:ENIM" means the ,-operation of any business or the 1 participation in any activity in V11-lic'ra five (5) or 19 caro wags with permanent canine teeth or which -;ire o 0 20more than six ma aths or age are 3eept ars tlae a 21 Premises., =C 22 7. "DANGEROUS GEa'tOUS DOG" aneans any dog` that has, daze to the 23 lack a the exercise and adequate super- o ZO 24 vision ,and contra1 by its owner, done an act ba4tlaz�„� o. 25 ful in its c-ba;racter, to Fbuman beings or anizrals. 26 a 'a h 2 ORDINANCE Dio. 306 4 `et r< i f` Yl � regardless of wba;.h�r done in a glsyful or hostile .s manner, B. "LIVESTOCK" means cattle, horsess !ene-eP, goats, wine, turkeys, chickens, ducks, geese, and 4 rabbits, but excluding any fur-bearing animals; bred Il fnaaiiic`abiEc�, rciaZ S € r otherwise ., "'OWNER" means any person who "weeps, has custody; oma, 9 possesses, harbors, or 'exercises control over a dog ' or other animal with tho �xc�pti�n o� veterinary hospitals ^and pet shops, as defined in this ordi- I nark . €Yn a faw-ily situation, 'such �rsc�n is presumed to be the head of the bbusehold. `,. 12 IO "PEs SON" means an individual, a part�ae�ship, Com- 13 "PERSON" association, corporation, or any other legal 24 Id l l, "PEs SHOP" means any person regularly engaged in 17 the business of breading, buying, selling, trading I$ or otherwise off9ring the public animals of any. � 4g speci�:s, "DOG RL7NI'41NG AT LARGE" means a dog off or outside zz � s the premises of the owner, g7r�t restrained by a c� dine, ba�as&z, chain, or other similar means 2 rope* or not uaar3ez° the mtetla ate oontcrol, restraint,a or r� 23 zm camand of an owner thereof. If a dog is net 24 o@, 25 restrained by a tether of some "rind, i, not at heel 26 o ,ace 3 g ORDINANCE NO- 306 f ' y 'o MMIR s 4 A of fi f .7 or not a work ing dog in the field, that dog shall F' 2 be deemed "at larae. 3 1.3. IISM LL ANIMAL SHELTER" means the facility by that ;. name, buia� and maintained by Washington County, a Oregon. i 14. "VETERLIN NRIAU" means a participating veterinarian s 7 licensed Dursuant to the lags of the State of f; Oregon to perform any of the acts set 'forth in ORS 686.030. 1� 15. "VA.CCIIvATED FOR RABIES" means currently vaccinated 1 according to the provisions of Oregon Administrative '. 12 Rules Chapter 333, Division 19, pertaining to .' 13 Rabies, and evidenced by Rabies Vaccination 14 Certificate issued by a v terinarian� 15 160 "VETERINARY HOSPITAL"AL" means any business establish- ment staxblish ment maintained and operated by a veterinarian 7 which is operated for tine di a.gnoSis and treatment �< Y of diseases or injuries of animals. �. lg 17. nVICIOUS_ DOG" means any dog -that has, due to its Uh 2 size, nature or ether characteristics, clans an 21 unreasonable act :harmful in its charactem to human ZZ �? 22 beiiaas or animals, done in a bostil.e manner. �. p '2 2 2 .t 25 Page 4 ORDINANCE NO. 306 SEC'T'ION 4. POIKERS'AND DUTIES CE -TOG CONTROL OFFICERS 2 A. Tile powers and duties of the Dog Cont- rol Officers shall be as follows: 1. To have police power in the enforcement of all pro visionsof this ordinance relating to the licensing and impounding of dogs and the citation of persons ----- for violation of this ordinance as prescribed in this ordinance at Section 14;below. 2. To -&maintain and keep a small animal shelter or 10 other place where all ;dogs and small animals 11 subject to impoundment may be kept and lxeld safely l2 and provided with proper and sufficient food, mater 13 and shelter. 14 . To impound and keep sa.fel;f, any dog whicrs. .is found 15 doing any of the acts set forth in Section 5 of 16 this ordmnance, apparently abandoned or as required by the ;Department of Health of Washington County, 14 Oregon �° a9 4. To -issue Uniform dog' ..Control Ordinance Citations � N 2 pursuant Section 14 of the ordinance and cita� P.; 21 tions and. complaints within the appropriate juris- o 3:0 2': �ia.tiwva+�; � „rise r a� s�at,:nesses and to perform all 24attsez sets necessary for the enforcement of this 24 ordinarce. 1 s; 26 Q Pas a ORDINANCE No. 3106 WA. .,, E 5. To receive and collect any costs and dbarges hereinafter provided by this ordinance. 6. To investigate reports of biting dogs as herein set 4 forth by this ordinance. 7. To investigate l.irestock claims made pursuant to , 'p lection !I ®� tT7is (7P�'d1riznce. - 7 S. To pest signs and notices stating that a Dog S Control ordinance is in effect in Washingtc5n ' o�anty, and adds ink -the public as to provisions of .. b€ the ordinance. 9® As funds in the Dog Fund permit, to conduct educa.- 12 t.ional and other programs to informaid advise the ! ', 13 public and animal owners of the dog Control y 3.4 Ordinance, licensing and other provisions thereofP dogs end Cather 3omesta c animals. l5 and proper came of do . Xaa S. p�C3FilBZ-ED A- IVI'TIES e ; A. It shall be unlawful .for any persona 1 1. To interfere with, binder, molest or verbally abuse � 0 3® a Dog officer while in the exercise of is ,` Un . n 21 duties. Z� �,- which he fairs to prevent = th22 To 'be the owner of a dog . 0 25 from running at large. WO z'e 24 3. To be the owner of a dangerous drag. 2 - 4. To be the owner of a vicious dog.' 26 o a a , 0E DlNANCE NO. 306 (j 1 5. To be the owner of a dog which he fails to prevent 2 from being a 'public nuisance by: 3 a. Molesting passersby - 4 b. Biting a person or animal; C. Chasing or attacking persons; d. ?attacking other animals; -- 7 e. Traveling upon school grounds, public: parks, public game refuges and public watershed 9 areas, except under the supervision and #� control'of a person and with the :property owner or manager 's written permission; I� f. Damaging or destroying property ;of persons ' 13 other 'than the owner of the dog; gm Scattering garbage; l h. Chasing vehicles; i. Disturbing the peace, comfort, bealth or response of any person of reasonable sen- sitivity by making loud, long, unnecessary and gp continuous noises. 0 o 2 ;. Being a female mors in season (estrus) and € being accessible to a gale 'clog not in the X0 22 Y person's ownership except when access to the 23 fer aie clog is intended by the owners of both c n2 �3, dogs for breeding purposes 25 , ` .. 2 0 pa-e TC ORDINAN E NO. 306 1 6. R dog shall. not be considered a ;public nuisance under subs�srtion 5 of this section if it bites a person wrongfully assaulting the dog or the dog 's owner or it it bites a person trespassing upon pre9 vises occ,,Ipied by the dog 's owner after being pro� voked by that person. -- i d be the owner 0-f- a clog affected with a contagious disease which rums at large or is exposed in any public place. whereby the health of mancar beast may 3 l be a eoted a Such dog may be removed from, the late- seises of the owner or other person by a ve teri- 12 xnarian', dog control. officer or. police officer or b l any person supervised by the Department of ,Health l4 of washi ngton CounItyn e To be the owner nag a clog nod. �*aoc�.n�t�:cl dor rabies, which Inas been alleged to have bitten a person, s q' coo To fail to safely quarant�ne any clog alleged to Y bave bittern a person by: i l a. ;ecurin g said slog on the owner 's premiss with the approval. and under the supervision sof the 20 ZI Washington County Health Department or 2 washirngton County Dog Control Division, and i s -not allowing said dog to be at large or to �+d r come in contact with any other person or 24o� animals; or vw 2i 0 I 1 b. placing said dog in a veterinary 'hospital, S 2, or : 3 C. impounding said dog at the small animal � shelter; or � d® e-using to allow a dog control officer to �. 2 impound said dog when said officer has pro- bable cause to believe that such person has failed to comply with the quarantine require- ments of e¢�ar s se e�a or "c" hereinabove. �= 1 10. To Knowingly remove or cause the removal from ll Washington County of a dog :dor whicb the ownx er bas 12 been cited under Sectic�a S,A,3 or S»ia,4 of this i 13, Ordinance„ or for which the owner has received a �= 14 written warning of such offense from .the Dog Is Control D4vision. 16 11. To be the owner of any dog for which he has failed 17 to procure a dog license, if such license be required under Section f of this ordinance. � _ v_ .� :dam,g" �fior to in�.rn �epa �1�!y. failed �. g $ 110 To �3e the owner o� sai,°g' . .,s . �. -. Eu 20 to misplay a .dog license upon such dog when it is � 21 off the owner's property, if such license be _ 22 rec,uizee3 under this ordinance. �w 23 13. To knowingly or negligently commit acts of orueltY z # k. o� to animals. s ; 2 pagp 9 ORDINMICE No. 306 i t d a. General acts of cruelty include but are not 2 limited to the following; a� To subject any animal under a person's ownership, custody or control to cruel mistreatment; or 2} To subject any animal, render a person 's ownership, custody or control to cruel iaeglaecta: or " 3, To 'kill witY-out legal privilege any l animal. +tender the �is,tn€�r�:�xip, custody or ® control of another person, o. Specific acts of cruelty to animals iliclude but are not limited to the following: 14 1) ror any parson to overdrive, overload, drive when overloaded. r_verwao .:., torture, 1 tor;nent, deprive of necessary sustenance, 17 cruelly beat` mutilate or cruelly kill.; is or cause or procure any such cruel treat l anent of any anina"± while bating the- 20 he2 charge of or custody Of any such animal. o 21 as owner, or otherwise; or o� , mob.:. ..`�,.s"",. 2) For any (Xwxxer or.,:person having the charge 231 or custody of any animal,, to cruelly �95 24, drive or work the animal, When unfit for 25 Labor,, or to cruelly abandon any animal., o. . 10 ORDINANcE 1.40. 306 f or to carry or cause any animal to be 2 carried in or upon any vehicle or other-� seise, in a cruel, inhuman ;canner, or knowingly or willfully authorize or permit the animal to be subjected to tcsrture, suffering, or cruelty of any 7 kind: 'rA 3) For any parson owning, having charge or 9 custody of any animal, except in the case aQ of an emergency to deprive any such animal of necessary and adequate food for 3 12more tY:a-1 36 hours or drink for more than .1 1.2 hours. 24 fib) For any person o�,ning, havichane or custody of any animal, except in the case 16 of an emergency to deprive any such x� animal €�F nece mar , adequate and shelter from the elements. al } ffi 5) For any person to confine an ani.n 20within or on a mater vehicle at any P.L, 21` location under conditions that endanger =5 22 the health or well-being of the animal d 23 including but not limited to: ; dangerous W- 24 ` 2 temperature, lack of food, or attention 25 for more than 36 hours, or wafter for m,.re t 2�' 0 cr ORDINANCE wo. 306 k K : 1 than 12 hours; or confinemen t Wit-1-1 a •2 dangerous animal a If there is probabl4e ceruse to believe that subsection ) or 4) hereinabove are. being violated, aft er Obt3i373nCj a search arrant in the zaanner authorized by lays, an animal control officer, peace officer, or any combination, may enter the premises where theanimal is being held, l provide 'food and tater and impound suc;�a animal. If after reasonable se:arc'h the. owner o person having cu t a y of such , :r ani ay cannot befound and notified Of 13 tha impoundment, such notice shall be conspicuously posted on sue'n Premises and Fit3airi �2 hours Eger the impoundment 17 such notice sbal.l be sent by certified l snail to the 'address, if any, at Which the 19 animal was impounded- 0 40 40 7) Any animal control or Peace Officer is Z". m autbori zed to remove any animal; fron a =6; 2 motor vebicl_e at any location when ;.he 23, officer' reasonably believes it is e r2fin c3 in violation of subsection (5) v� 2 of this section and that hangs to the 26 conbined animal has occurred or is in 2 imminent danger of occurrance. Any, animal so removed shall be delivered to 4 the Animal Control -Shelter after the removine officer leaves written notice of the removal and 'delivery. Such notice ;shall include the officer 's name, the address and phone number of the Shelter, and shall;he placed in a conspicuous, secure location on or within the vehicle. l 8) No animal control or peace officer sball l he 'geld criminally ;has civilly liable for 23 action under this section, provided he 14 officer acts in good faith on probable cause and without malice. 1� l SECTION 6. LICENSING OF DOGS. A. Any person owning or keeping a dog which has permanent canine teeth or which is more than six monicbs of age, 20 shall procure and maintain a current license for each such dog. Such license shall be procured within thirty 22 stays after, the date a dog of six months of ale or with 23er anent canine teeth is brought by they owner into 4 o Wachir gton County, or witbin 30 days after any dog OJ reaches six mont e of age or 'has permaneeat canine teeth. ' 2 ago- 3 ORDINANCE IKO 306 �f Y ; B. A dog license shall be effective for one year from the date of issuance. The Does Control Division shall ?seep a nymberd record 'of such licenses including information 4' as to seg: and breed Of the dogr name and address of the may provide owner. The Division for annual license renewal in any manner that will promote administrative 7 convenience and efficiency. . A fee snail be charged for each dog license in the amount established pursuant to Section 35. This fee is i l clue andpayable on appl.icat.ion for a dog liceflse. if a 1 dog owner pays ythe license fee but fails to supply the 17 required Proof of rabies inoculation within 30 days of Y such payment, the amount paid shall be forfeited by the 14 owner and retained by the Division- D. jgotwithstanding any other provision of this ordinance, l any'dog used as a guide dog by a blind or deaf person is exempt from a_ license fee while so used, but 9 not. 1= exempt from being licensed or from required rabies t- 19 inoculation. oM 20 This section shall not apply to dog Owners residing out.-- zM1 O21 fide was:xi.,exton9axntyg if dugs of such owners are kbpt ti ON •C r are r a 22 within 6^a hingt on County a ar iha rtlr ci�ys or less, �u o daffy licensed the jug:ise3iction in which t.ae owner' resides and if such eggs are kept at all tixa�es under CH Q5 25 restraint ,`ry the owner. 26 � k � page l.4 u ORDINANCE NO. '06 a , i k: �s 4. } Isicenses from other Durisc3ictions shall be valid in � Washington �aLrt;� un license e�cpirLa provided clay such licenseesuires i nc�culation against rabies until that 4 date. Any, enn�l or pet shops or other 'establishment W1 ich G. tr y os�n5 s boards, %eeps QT' has cus$:o pos'.s"85s s a cond°3J ols �r of in the course of its business or other activities, dogs which have permanent canine teeth or which are more than sig months of age,. shall pay an annum license fee 1 in an mount established pursuant to Section 35. Such �' do license fees fee shall be in lieu of all individual g 12 J' osed upon such dogs' owned h; such 'kennel or pet sharp v.aner, _se po°r`ions of this section pertaining to the 3 licensing of individual dogs shall not apply to 0099 aaih permanent canine teeth or which are core than iai 1 months c age whim. are tae personal p;:operty' of anot' er 1 person and duly licensed by the jurisdiction wherein 108 such person resides: but are hoarded or otherwise si:ni '19 lady leapt b such kennel ar pet chap witnin TRa7hington M u,. 20 County 1 �.th permanent canine teeth or m ov :3 a The owner or any dock KKz �rhicka is for than six months Of _age kepi in GQ Washington Q 23 County, including anY agog 'owned by. a kennel. or pet shoe UJV `0 2' s alt 'have khat ;dog v�cinsted for rables, iso' license rshah beissued dor srxy doh.' unless the apply a;�t c , t ca i Page MINANCE H2O. 306 J .. F exhibits a' certificate of such vacination by a veteri narian. TI-ea certificate of inoculation< must demonstrate that such vaccination is valid for inmetanity against 4 rabies for not less than ten full months of the licensing period. However, if a veterinarian certifies to some physical condition of a dog which would prevent such inoculation for any period, no inoculation shall be $ required for the dos; for that period, and a. 'license may be issued for that dog. 1 . sfny o=ver failing to procure or apply for a 'license as required by this ordinance in any year shall pay a c?elinquent: penalty for such failure in an amount established pursuant to Section 15 for each 'dost. 14 J. Upon issuance of a dog license, the Dog Control Dxvisi.on shall. issue to the owner a nsetaltic o; durable plastid 16 .license tag, prepared with one hale and stamped with 17 an identifying; number, the name Washington County, Oregon, andth e effective nate of the license. Such tag 19 shall be securely fastened to the dog's collar or harness by the owner and shah, be worn at all times when 2 the clog is not oil the premises ofthe OWner. If a sr;c� 22 license 'tab be lost, an ;owner -alay secure a duplicate' aU 0 23 license tag, or in the case of :a 'kennel or pet shops, a Z 24 license certificate from the Dog Control diva si on upon 6 page 16 ORDINANCE K 3106 8 satisfactory Proof of loss and payment of a fee in an 2 amount established pursuant to Section 15m 1 �3 a �I�9PO€3NDMENT AND DISPOSITION OF IMPOUNDED DOGS gA. 7neh ver any dog is found performing any of the activi- ties enumerated in Section 5 of this ordinance, or has bitten any persona or ani a clog control officer, any peace officer, any owner or any private person :gay impound it by immediate',y delivering such dog to the ., l small animal shelter. B. Any impounded dog, '�;hicn by reasonof injur.�, disease ^r 12 other cause, ie suffering great Pa-;n Or is dangerous to 13 keep impounded, may he destroyed forthwith. The Dog a - 24 ControlDivision may request a veterinarianto certif;a 3s to this fact in writing before such izmnediate destruc- tion is undertaken. e i� Ce The Washington County Dog Control. Da isaor. upon �. l request of the Washington County Sheriff®s Office or the a pol.idd, sball accept and take into custody > lg Oregon State � .; � 1� 0 and control at the smallsmallnimal Svelter any dogs in the n� 2l possession or under the cafltrrsl of any person foam t1 into X5 22custody such agencies. . The Dog wont, oa. ' 23 Department shall retain: such dog for a period of five rQ 024 e 5 3 days, and unless during such period the person taker 25 into custody bas redeemed said do or has made other o Pae 27 M ORDINANCE NO- 306 � 9 ... g arrangeme+�ts for the cape and custody of such c3oc3, such shall be deemed abandoned, and such dog may at anydog � time thereafter be disposed of as prawi ded in suLsecticrn laBs, of this section. In the event the owner reclaains h said dog or arranges for the sane cs� be taken out of t � t+od by the Dog Control. Department of Washington czar Y €; Couxz'e�•6 Laic? c�®g shall. be returned upon paytaent of the fey far. redemption as prbvi ded in subsection D Of this �. e gime the clog is' delivered te,o thSma.5 i section. At t;t lni. al Shelter by the Sheriff's Department or ,Mate police, such police agency _?nail take from the 1 ; dashington C�adxat dog control DivisionF a receipt t�ser,�for in duplicater which receipt ball be G a for a /� approved by „he county counsel, 's Office of washi.ngtton 14 a p county, Oregon, and shall have incorporated therein, - keeper Of such dog that su. n dog � not ice to the ower ar,keep �►aa be 3i spored of within fire (5) days unless the owner ge- 1. n taken into custodyymalkes proper arrarl or each persa g meets far its custody and care- 1 til D.` 'I'Y a Deg Control l Divisi an sbal l peep any dog impounded or i 3 slelivere€i to the Dog Control Division for disposal or as Esther €i e praui.ded 4 n this e+r diraa�: e for t'a�e 22 period of Harte bereix� f�:er spee;ifieds and shall dispose of dsscas in 23 P4MSAO 24 accordance Frith the f+�llos�ir�g p res3risions 2 ;cy page is Of NA _ f Z. Redemgtion, �3estructicn ar �aZe of t7nZicerrsed �o4s 2 Unless an unlicensed dog is redeemed by his owner, within ere` (3) days after impoundment in a manner � 4 consistent with subsection "E" of this section, the dog may be destroyed or sold in a manner consister3'� itl su eetian "E" of this section. If such crag has been impounded because of the biting of a Pes�- son, and does not have e vaccination �dhich is valid R for 'immunity against rabies at sudh time, such dog Y 1Q shall he crept in impoundment and quarantined for s4ueb period of time as necessary to observe said �; 4 clog for the :required ten day quarantine period commencing after the biting Of a person. 24 2, �eda� ticsn, �estrrsction or dale of Licsnsed Zlo - 15 Unless a dog jahidh evidences a. valid license by 9 this county same other authori wed governmental 17 entity, _is redeerned, within savers days after. notice X� of impoundment, is nailed, such dog mz y be 39 destroyed. or sold consist�:nt with the manner o ° prescribed �y sxtkysectiran '° of this section. U P4 23 within sive days after impoundment, noti ce of suc:i -0 22 i.rrbp6undment .shall be given by deposit in the United ecg�o states F,ai] f c4rtif'ied and postage prepaid letter addressed to the person who purchased the 24a 25 license for the dog at his address shown on the 26 0 Page 191- dVD7Lt ANcE t.0, 30 i w r license application. The notice shall advise the person that the dog has 1:,een impounded, eche place where the dog is kept, and the procedure required r dor ;edesnsts ors. sec— If a dog is scald 'udder this tion to seas�seone other than the prier owner, a new license gust be purchased. ;s 3. Sal s or DestructiOn of t7ntrars ed sacs. Any dog liven to the Dog Cont. Division by the �idpcsal, �a� be destroyed or owner thereof for sola .in a manner consistent- with 'subsection k this section, that `a release b the o�a�sey or has au representative'representative must be givers in ter:ti.zag to the Dog Control Division 'if a dog is, to i be destroyed �;ithin five day's from such date, except a9 provided in subsection ff ,f of this sec. 15 •» avis any dog to Dog Control for 16 tion. x%n owned � � 17 disposal pursuant to this subsection shall be ed a fie i�+ ars amount established pursuant tG a charged .� Section19 ` 3 o 0 20E. A dog may be redeesssed by a person ot�ser than the Owner Z or sold only if the f'ollovring qualifications'fi.cations `fie met z `� 1. &t the dog is in good health and free from disease or in lieu they eon that she p€^rsorb 23 � Q p xchasing or redeeming such dig Make adequate and n such €�trc�; h�zmane provisions for veterinary nary care o� A r }4 25 26 0 2. : That the dog is neither dangerous no" icious 2 That if the dog be sold, the purchaser pay prier to 3' sale, the 'basic impoundment fee in. an amount established pursuant to Section 15. 4. :o redeem a dog the owner shall pay the impoundment` and boarding charges and other fees, as applicable, prior to release of the dog-, and shall supply proof' ` of o�xxser4hip'. If the 'cog is licensed, a current license shale, be prima facis� proof of o�n�rhip. �� l� they doa is unlicensed, the owner shall purchase a licenseand Say all applicable fees and penalties. l S. `What the dog be Mmunsred against rabies thin �... 13 thirty (30) days after sale unless the dock lacks 24 permanent canine teeth or is less than six months l of age at the end of said thirty days, or mere as lid l proof that the dog bas a rabies vaccination gra for the current licensing period 27 l� 6 t. the dog be licensed ieith:i.n thirty 001 1 e3ays l after gale unless that cog lacks permanent canine aAteeth or is less than six "months of acre at the end 20 °tel of said thirty days. o-, -ZZ co 22 F. Any dog--zold by the Dog Control Division ;ray be returned � 3 ith�n thirty) days after purchase in excba-nge for J6 If) another dog which qualifies for sale, or a voucher good QJ 7_ for one year. Such exchange shall be free of any further 2 impoundment fee'. CA "he Small Animal Shelter shall be open at reasonable times to the public:, as the Board of County C.ormi ssioners may determine, Such times shall be gusted at the Small Animal Shelter. H. Charges in an amount established pursuant to Section is s'hal 1 he imposed for'release of an 'impounded 'dog redeemed by its owner. l 1, The Deng Control Division shall not sell or give away any lave animal for surgical or medic=al demonstrationor 3 vivisection, nor permit the use of any impounded Live animal in his custody for such purpose.. ,. 2 SECTION 8. DISPOSITION OF LICENSE FEES, IMPOUNDMEN-f CHARGES, DELINQUENT ;LICENSE PENALTIES, PROCEEDS FROM T`a�IE Vfib 9ALIa OF DOGS, O'!'FER MONIES AND FEE.9 PAID TO TRJEG CQN 1 RO =IV I All bums representing license fees, delinquent license zI penalties, proceeds; from the bale of dogs, impoundment charges 20 and .all other monies and fees_ ,paid to the Dog Control'Division zX 21 shall he turned over to they Director of Support Services of Xq 22 ahashinaton County, Oregon, as part of the Deg kung; of Wash:ngton ° 23 County. Q !aJ V p 2 2 / 1ld 26 + e22 m, ,ORD1A7 AN NO. 306 3 3 sr.CTT0IN 9. REVOCATION OF iSEiIN L 01t PET SHOP LICENSE ,a Board of County COMMissioners may, after a hearing: and opportunity to he heard, revoke ,any kennel or Set shop dog 4 license if the person holding such license refuses or fails to comply with this ordinance, or any Bather Mate or l oval. laves regarding the keeping of daces. Any person 'Whose License is 7 revok-ed shall., within ten days, 'humanely dispose of all dogs owned by him. No part of the license, fee shall be refunded in such case. , It shall be a condition of the issuance of any 16 dog license to any kennel or pet shod that dog control officers 11 shall be permitted to i.nspect all slogs and the preymises where 12 such drags are kept at any reasonable time and the Board of County 13 �saaiss acasersa , it permission for such inset titin is refused, r _ 14 revoYke the permit of the refusing a-mmer. A cop; of this section 15 shall appear on the application for all licenses set .forth in 1r subsection "C" of Section 6. Revd ew of the Board°s actions ns algal1, 17 be solely and exclusively by Writ of Review as provided in ORS l 34.010 through 34.100E 1� 20 SECTION 10. BITING DOGS `O BE REP-ORTED AND QUARAIMNED 21 A. The awner of a drag which bites a human being shall. O Ma 22 �notifv t:.he Departmen— of Public Balt h of Washington 23, County : nTiiediately of such bite, giving the ;name and as 0-1 '� add.-c-8---of the per,et,r�+_rf_ b tten;. °f R n4�um tea- bim, and shall 25 / f 26 p .� Ck SSL+TAa'ICE NO. .3406 F F _ 3 i a abide 'by tie quaran°ti-ne ins; ructions giveta by the Department of Bealth of lfasihimgtan C=nl:y. 3� Any per om ;bo is bitten b a Boal ehaI2 lortaiwith ,.svt.afy 4 the Department of Bez2-th of 14ashIngton 'C,ouaty ~ol- such f ' bit`, S ang Zescrip-tion ot: ze a ars t1-ae t:ar ana3 adOress of t.2he owner., if knees -to ''Mmnn C- Mhen a doctor, veterinarian air 'hospital bas ;mformetlon a ,person has been �3�. tem I)y a Zog, sr pairs n or ?. b aspital shall larth'soith not t-:he Vadn Stan �Coum y ' Depart:irent of public Fier�a1.•t,h. a All dogs a legal to la^Ve �a��r"Ei � parson :��a�i ',fie 12 quarantined, as herein provided for zperi-aaa3 of -ten13 days cc=qancing fry t'he Oate of tie m2legad bitez 14 I the lamer of am-,y brag ialle-ged Lo 'have 'bitten z CA Person .can -nroduce a valld terinariam''s Rehies 16 Vaccination Certifica-te prav3.ding immmity, for -tfhe gime said. alleged .��to occur-edd j ;ani such Zog Edoes neat exhibit aberrant. b Sa'srlor, ;sub i ler i'ma 3 3.• 'under 19 tl'ie super`4 i ion and vmth the appmov "Of t2le 20 Was'llU ngt.on Cmunt y Dag Control D. vri�ll on ZZ �sr Washington CouT.-ty Health Department be quarant:izxea 22 a,^ the owner's r 512.4eraee., Sen qm arzint e µlaa2l guarantee tl,,:at such Zang thall, be .r:mcure:.y, onx ma a 24 from cont:�ct -h '�. atar3 .eh riaotherni =tea^ 25 hunan. except p rrzons authorized I e `Wast-&-ng on 25s 4 ORDINANCE 0.. .306 ;,` l' �i 4 F �r i '1 (County :Dog Cont*~c51 .IiXlVle ion rcr n 'Co sntgr I3e_art ht =of :Rubl:lIc :mea]eh .a's �f hey. ,deem > eces'--a-r r :for ithe ?sr ctson aof �pti�-:kc he 2th, fza°fet,,; :and 41 'wellar-e- 2.. -T)ogs :a:a,le ed :to Ahave -ba.&ten :a .peraon 'that o mnot tE! iiid jA :CJoi o ccur-r-ant -r;§: .'..es for fit„'urr,--nt ItLcen e 'Kh ;Vuathlncrtora ,Corantyy„ clogs .gir th 'rso''known =o'urr er <and ,do, s :exp bat n ahez=arit :behavior ;aharl { ' 'be k ua ant -ned -.or ,tear ',(1:G°;) da Sys ,at. tLhe 6Wags'cln_gt-on 3 a�aumty' Sma- ;Arrlm -:She- ter -ar :a ;a aensed 11 m-tt-er:nar:an at Ithe expense cdf 3the :owner �.ox .such 3c cg- 3,. �7ak r±ne'ton kCouz.t;,v -,Raal�th ;u ,p r:zar srt ram 14 Vagihaan: t:on ;'our%t; Maci <Coirt='`l MV-k",av e or, . arsonnel am ke -s of cc-hicks :iaisure :prcLper quaranti 16 ,gsraced.rres re -aBml.mist-aned- A, Array (do_g aiaUls-�gec2 -�to zhaaae 1bl-tten za :,persora, ,that. rffzs AS .w thin t:en ATO',) -da s E&ft.er 'a 5 t: ng .:such ,peraan.,. Iz sha5.':1 be Aimed d�'L�r eels- ,$sre:c to :the .tlashii7 gton 'County ..qpartmerat Eos P.ub22-c ffil...,h Isar ,<s rchdeFrart- iment :or .a-ts Zzlac_gate {6ha`_l:.l `be _,Aloti<: iad iand, .der- mit'ted �o ,ablla:t ithe -xevmr mra cda: tach •:arai: a mor 'IlAboiratcry inaA.ysl%.— ''the :bmrxex (of -sucib caog ;zhaZOL 2- 4 be :3l: le for t -z he -cast f .Stroh )lab ;tests.. ,oma, . � g x 1'.., 2 t °.� L7c�rze �r :°seisir3g o' Zr�b �e �zerf�1�`abtaasrrg 1ne3rg :a ca r%ex .e ,rabi.es '.�ilrus �;haill i:be °'�a;.en fr,axr w ;.the mw er �a-n :su10 e`c� a �L .i aborat�°c r'y t n a ys�s e Y- ZEVI-TO ML. -`LTV -IKI ;I;�75 ,OR :��Pv.7i};��.T3;:Y3'Y'�fis�u, -V hen .-a _Dckg Xomtr-61W-O�fffi .has :_reaso� oto W neve ,rbchas r eriyrega,g"d in' :ter c.�hrAg ..I .vesL�ab -ars ztha ?^esrtYiJ e :` ¢�ss:�,g o °:cher =� i�i� I o�rssvis3e adbst-ah-LIdl -,-.w a:donce ;as Ao. r?tiatIvar We f r "a ":been ::zo enjacj4d, tthe :��':ccn�r 61 m4y ru m jj-d ch�d g,-arid proV Ue -ffO �u2il.wI 'dd M g AS 3 . t.�s Ye ~:de er fines -,;thr oqj g 7 otests Wa* .the pg Mas bce:ejj *eqg gfd An .4ill � ; rcazznri. xsg, r3� r ina ror !Jdhasing jjvy stbd}c, vca e ushd 1 : y _the :;,coa l :evj:s, jjrL odod Mon ;to kaqy --Im-pousidir;ez%t, car tM ® I ,dthe-r fees ,add. -fllnes 8 A 'Z4Y.- ;.a 52 -�., ��.`a t�3�,g i s `,i—TVQu deC� ..a sed .t-eet dd .upon xecd df iraav - eWdersce :a ;Com�jeEj rant,, ;the ��;�} �r�rs�ro� _04 jDpjk kon ddt-�r Wines , 2zr ot;tjh '.�ett}s 3�a _ " e a" c g;teas J ., Wean engaa dd aln :kill r g. vwax tin s :r1h ing:live9te�cka ;.tYi�.:con,1 la3��x�t �'Y�all3'pay",tbe --cost-,-6f :ar3rniri stex�ng -the tests, „ f�� xmps�urid�e t _=fee: =arid thy; aoStc..csf',llc:epinq,.the--`dog ar-luring� tine ^" :.impouridment. =' :'b7se `ocer aer .:cif-:any li ve�tock" i?led-by anit:�3og',mey= �aitt�sn 4 fi ve,3eays d fter,.the -kil ling*` � Occurs, Orlibe .kno n ..t® a�aixt, °present"to'-the 'Dog:="�ontr®� �ivi�i°�sn8 =a veru. -statement--_cants..ire ng'--a.'fu11.aaccount .�� .a illi.ng, .stating... ra c tai l' the'-amount .ref:°daa^�,ge.°tel alta�ed .on aoeos�t :thereat, =arid tae :Warne ..ai�d: addrse a ",that .the clog, hi -.riame._aS:;kraowri, ..aa e1.1=;.ae any:i..nsurance :claim..the:.oarne . may:hava: i n 3iis r,. :'c a rd. e � i•m'-s'k ddew.inveatagate )Dog 4. ;- °ant aI 'M 'i :ar'-tc� a1.] -In al ::`�aot�:ray Ft+�_-d�rraage� ` ��S _o��ritai:raed-ther�i�a fl :C e ",'All,e%la.;nz s,:presented �as .,.Pr.oVided s in .ca3�+�er_ti can .:17 tiii a aet�vx rl =�+e -considered' ne==dog'-iontreai fia�.,ivi6lon, .Ttae.-Di, is iion-may zIlow--_ac.claima:or a:�y,Mpc�rt3�ra 19 t3aer raf:t'ts t._ t":r eemsJjusv..aridcreasonableB �bhaI1;:fi le r � "° 0 ; arid venter ;��.re�abd.-.the �x�iuev,�a� livestock .kap ledr -an p o� ,.. :.Order_.a o Ya r.s3ra ara nn;:pa er�t th�:�e . oaat.;o 21 :the.'Dmer CA� usa22 2 Esc?, .:,itail „:aiatL?tow VLt.arid,-, �t � oh: aot w �sp� record. 4 i '1� y � a allowdd .ti here_.i t n.:appearu` t:sat':uhe i a juxy,::�ar las aage :ass µcapl aired o i `oa�aedtlae::ola i War t X26 r.0 , na. =r "Y k for ary'..amount. for ' 'insured, ighereit'..a ears the► l zn 'uL �'£� � y..®r` damage 'Lras..dtae to;any..ca�se.:,oiher khan a. d�omesta.c atsi�eal of ,the::canine D. n' each,'case '.,where a rlasrs�,made for, livestock"galled Ita:� beep : sand by the Dog Cor_trol Division, the' Count ' ro = .ai:d f�rougW-''th4 Divii3i.on .sh 7 1 'tee subrlogated"'to:.all rights owner of the livestock:.killed ;against. the ;aa ex of ':thy :dog or thei; amount of..cJAimj actually.paid- b 'the vouxaty. 'Mie.`County- Counsel bb Washine n..County .sha31 proceed PrO;Vtly, in a lawful'-way, : to. c011ect ;on.:said 'A2 i aim. y: mcnley so collected: shall be paid' rme_'diately 713 ter.'tk e.'lDirertor: of support-Services,,of Washington.` ;Coup:Y Oregon. As a-: condit on bf.._. as neat-,,-of .au � :� y:..clain, tl X +�Lm�ETPg by erata. in.P 'Wa sbin toYY-.Coun y°<<torecover: a. sab.aga-wed claim. ;;E. X''D,09 Coat rot"Officer .des igna.ted;-by.the":Director of ' :: i� t ?assessment-:arid, xaxati.on, sba2l':be_L.. OmmpoWeraC3, to kz] ! adog '. lei obs er:,?ed,:,v. the,.,csfficer in. the: act,of:kiIling, woundin go '120 : h ehasing or-'Ah juring..livestock,. inthe same manner. and 2 1subiact .to.-the.;,same:°restrictions, :.as ar e-- pro-vided.'.in ORS - 2 609' 1503 for. .Prilaate .citi tens. a:x_23 s, 265 - ' � 28 € IWTNANC 1'O.'!:306 Afl i SECTTON`'12. REPEAL OF"OFMINANCF NOS . 138, 144, 155, 216, 247, and 282. 2 Ordinanbe Nos. 138, ,.144, 155, "216, 247, and 282 .of Washington 4 . County, Oregon, ,pertaining ;to clog control, are hereby repealed, 5 'exceptthat provisions of-said :-ordinances -regarding licensing of :. slogs vhailremain in .full' force and " .ffect,until Januar 's, 1886. 7 SECT.XON 13. . RENA L?°SE8. 9 A. �'r_e penalty -for violation o a,y provision of phis .ordi-- l0 nonce, shall be a'.fine"of,not-snore than five %un.dred dol'la.rs ($500 00) Q: 12 B. Eachi day, any, person shall be violation of this ,ordinance s: f! i shall be •deemed aseparate offense. 14 Cs In addition"_to :any -fine imposed pursua,ni: to subsection iw "A" of his section, a court may order the impoundment 1,5 and destruction .of any dog found to :be vicious,. € 1? dangerous, :or found to ,have killed, 'injured or chased 1E livestock. gg D. Anyq person who has been convicted of. a .violation of this o : 0^ .20 ordinance and who is 'found by a court to have :been. Ow :,22 formerly convicted of any violation of "this ordinance :or fir' 10 ,22 prior flog Control ordinances of Washington County within a 23 the twos years preceding.the date of the alleged viola- Wo . tion may 'be punished,b a fine of not s;ioF.e than one ?f �N .24 y � y :•25 thousand dollars -($1,000.00) . zD 2 ' .CiFtOz13ANC1 NO., 306 Page 0 i E. Any person who, in connection with the issuance of a citation or the. filing of a complaint .for a dag control ordinance violation, willfully certifies falsely to the 4 matters set forth therein is puri liable upon.conviction by imprisonment in the county jail for a tern not exceeding one year or 'by a', fine' of not more than three thousand dollars ($3,000.00), or both. 9 SSC 10 14. ENF ORCEMEN b° PROCEDURES. 10 A. Requir extents. of uniform Dog Control_Oitat'ion. 'Form and Content. 11 12 1.. A Uniform Dog Control citation conforming to the l requir rt' nts ad this subsection "A"" shall be used 1 for all Dog Control Ordinance violations under this 15 ordinance .committers in the presence`of the $b complainant and ,which occur in the unincorporated 17 -areas of Washingtclln Countyp Oregon, and in all is citi€s within the County which bave consented to 19 enforcement of ti-.is Ordinance. 2. The Uniform. Doll]Control Citation shall consist, sof �a 21 at , four pasts. , Additionalparts xray be 1 =0 22 insjBr ted for administrative. use. The required part, are a �o '24a. Complaint. o „ _ Coxanty Counsel 's record of violation, 0 26 C. Dog Control Division's record of violation. d. Sut=ons. s Each of the parts shall contain the follot*r=g 4 information or blanks in which such infornati.on shall be entered: a, rsame of the court and the court' doc'�at or file riBdY"1iber. b. dame cf the persons. cited, C. cation of the 'Dog Control Ordinance violated, 10 d —Prief description of the violation 01 vrhich 1 the person is charged in such a manner as can 12 be readily understood by a person making a ". 13 reasonaY>le effort to do SO, and including the 14 date, time and place at which the violation 1; occurred, the date on which the; citation was 1 issued, and ,the name of t se complainant. 17 e. the time andplace where the person aired is 3 23 to appear in court. 9 €a the bail, if any, fixed for the violation. 0 � ,' 2 ga Sze designation of the method of ser-,rice and On certificationth, t such ass been spade. 21 certification oa ,. 22 adh of theparts sha.l l also. contain such i.den�- B0 23 tifYing- and additional information as may be c�ce necessary or apg�ropri ate i or �:he Dog Con trol r 25 o 26 F � Page - i3I+Tt� C�. 36 5„ a r �gvision to administer the nog Control ordinance of n Vlashington County. 3 5. The complaint shall contain a'.form of certificate � I" 4 by the complainant to the effect that he certr..�ies, under penalties prescrihed at subsection 14(E) of. � this ordinance, that he has reasonable grounds to believe, and aces believe, that U-te person cited - comm.itted the violation contrary to the Wasbington f , ! g County Dog Control. Ordinance, madeand provided by � Washington County, Oregon. The certification, if 0 f g nada by a Dog Control 0-fficer;, Saeed not be made before a magistrate or any other person. A.private i Eli- persona shall. certify 'before a District CourtJudge, �. clerk or deputy clerk of the District. Court of 14 y, :and this action will be entered x ` la Washington Count ;. 26 in the court record. She reverse side of the 27 complaint. shall conntai record aInd con taut the substanceof the .,Easters appearing on the �. lg reverse side of all uniform complaints used in the 0 District Co*rt of Oregon in Washington County or gl otherwise directed by the District Court. � car- z tficate conforming to this sSi-b3.01- 1h. el be deemed F.", to �a esl�si:�al e?it to a sworn complaint. o ce z . aar ons shall also contain a notice to the per-- o uv 2 sora `that ;the ccm¢l i nt wi.l l be fi led with the t . � Y PZORDINANCE NO 32 r a District Court of the State of Oregon for the County of Washington. The reverse Nide of the sum 3 mons shall contain the following: 'E , w a. A form substantially as follows: READ .CAREsULLY 7 , YOU MtiS� APPEAR in court at the time mentioned in this c ta-- tion if you are charged with any of the following violations I. Interfering with, hi acseringa molesting or verbally abusing a ltd' dog .control officer in the exercise of his duties.. 11 2. Owning a dangerous dog. 223. owning a vicious dog. 13 4. owning a dog affected with a contagious disease that runs at 14 large or is exposed in a public place whereby the health of B5 szran or beast may be affected. Y 5. €wning a dog not vaccinated for rabies :A;hicb has been ,alleged 27 to have bitten' a person and which has not been properly and adequately quarantined. ai� �. Co;r ni.•tti,ng acts of cruelty, to animals 0 �a 20 if Vou are charged with any OTHER viola- -ion, you M*.7ST do ONE Oil ; of the following: ,a rm 1 . Iagea �x, Court at the time mentioned in this summons and �a 23 request a hearing. ` The Court will theca set a time for a �d c1 24 M(a bearing. 2 2 m 33 -� ORDINANCE NO. 306 , t i 1 1 to ether with a check or g 1 �. buil to t� � �t�tlrt this summons, [ money order in the amount or the bail indicated other gide of t�iis summons' and tell the Court Y i :crcxnnAr:1.T8 AND THE BAIL MUST REACH THE Ct3UFt': � 4 hearing e APPEAR 1N BEFORE °Tk E TIME wHE�` THIS SUMMONS REQUIF2ES 1�OU TO COURT. I you ;don't want a hearing, but wish tc explain your 4 he summons and bail. The { side, send you explanation with thet- 4 � p 4 n consider your explanation and ,you may forfeit will your bail or Part o it, on t7ae basisf your explanation and :chat the officer tells the Court. ui�t below and send this summons to the ; 3. Sign the 'Isl�:a of gY � 11 ®rder in the amount of 12 Court, together with check or money § bail indicated on the other side o this SUTWons THIS 13 ..' SUi ONS AND THE BAIL MUSS' REACH THE C�t7R'f' BEFORE THE '1I�iE , 1 i. F�HEN THIS SUMMONS QUIRES XOU To APPEAR IN �«YJFti . is f3��TE A if �° ass have already given.. bail or other security dor your appearance, Pr®teed as mentioned above but do not send in 17 I� any &dditional sum as bail. 20 ApPEARALNCE, FLEA CE GUILTY 7�7e� WAIVER 21 aearanrg on the v� enter my appearance ,�,� I e the under;�igned, �3o hereby _ . �. this sum . c� the Other sid_ a� �� 23 oomDla.int Of tre uicslation Char- 23 can �a a i _ that MY' �a ht _, 2� ox�s. have been �ra�oxmec3 0� rr,y x ig will Tuve the ;game force an0-jd 0" plea of Y `�S siC,jnati7�'�' ao tai1� n S7'iI].lt h- f 26 v 24 Ma ORDINANCE bTO- 306 effect as a judgment of court. I des hereby PLEAD GUILTY to said 2 violation as charged, WAIVE ;fly richt to a HEARING nv the Court, and ag ee to pay the penalty prescribed for my violation.. 4 � ff Defezzdant ''s Naan�) ' T De_ezxclant 's Adefress, 8 B 3" I-JAIL 'YOUR REMITTANCE TO: gp Washington County District Court Courthouse 12 H l.lsboro, Oregon 9 1?a ... 13 a 14 IMPORTANT NOTICE The notice quoted below is required by law, �g 1 oxiever `YETIS CIT'AT'ION IS A COMPLAINT and failure to comply 26 -with the instructions ons _set forth an this CITATION AND COMPLAINT 1fay rresult in a warrant being "issued for your <arrest and ;your is BEING CHARGED WITH THE ADDITIONAL AND SEPARATE VIOLATION OF 19 WILFULLY FAILING TO APPEAR, ,A CLASS A MISDEMEANOR. 20 21 "READ CAREFULLY" ov EU 22 "This citation is not a complaint or an information. One may be gn w� 23 filed and you will be provided a copy thereof at the time of your z,,, 24 first appearance. You ��L`ST' appear an court at t1 e time set in �x 2 3 the citation. IF YOU FAIL TO APPEAR AND A COMPLAINT OR: ,M 26 35 ORDINANCE NO. 306 } P " INFORMATION HAS BEEN FILED, THE COURT WILL IMMEDIATELY ISSUE A gARRA.NT FOR YOUR ARREST.P® ORS 133.065 (2) (9) 7. Any error in transcribing information into theLlan s provided in the citation form when deter-- . minted by the court ter' bs no judicial to t'he defendant's' d f ns�, me _ay bs corrected at the t' of trial or prior to time -of trial with notice '10 baino given to the do-fendant. '. Except t as provided in subsection 7 above the c©znpiaint halms b�' spa aside by the carat Only upon 1 motionof tie defendant beforeplea if it does l� not Conform to the requirement: of this sectio::. I B. Commencement of Action for DO Control ordinance ` solations Dog Control mai` issu 17 2. A a 'I�ag Control ] Citation underthefollowing circumstances 19 To oxer arae of a dog for a �rialati ate of this a ordinance commit Od in his presence and Vnen 020` P car�aitted at any laaticare within the unancor- a 21 OW a uparte tedo eas of Washington Ca�axsy. t�rogan P or 22 wits-In any City within the Count" Sana eh had a �� contract for Dog Ccr�atrc�lwith the County,,. �°0M 24 25 y 8 ~ X �f ,.. b. to an owner of a dog at a place outside the 2 unincorporated areas of 'Washington County, 3 Oreczon, if: 1) The violation was committed in his presence at a location within the un--n- corporated area or the offense occurs 7 within the unincorporated ,areas of Was"hinaton County, Oregon, and in his presence even tbough the violation may 20 originate outside the unincorporated is areas of Washington County,' Oregon,- nd 2) htt Dog Control officer iYnsnediately �. t: 1 proceeds to ascertain the per.;cin vri-ao 14 committed or allowed the violation to occur; and tpp 263) The Dog Control officer cites the person F' 17 immediately upon ascertaining the is person 's identity provided, however, any t �7 f t11 ' 1x$ rYlative means of service pro- of 20 vided in subsection (C) of. this section 1-; 21YYe y a used to peg f ect service o 22 2. A private person may commence an action for a Dog 23Control Ordinance violation as provided in subsec� 0 tion (A) (5) of osis section and under t�,e same con o; = 25 diti.ons provided in subsections (B)(1) (a') Of this ;Z 26 JL t' 1 section. The commencement of, all a tions by pries 2 vate persons for violation of this ordinance com— uii tted in their presence shall be upon the Uniform Dog Control Citation fora and shall he at the discretion and in the Judgment Of the office Of the County Counsel of Washington County, Oregon, end conform to the procedures for certification and service as required at suhsectior:s ( ) and ( ) of this section: respectivel;y- 1 rvi e of citation. 1; If a citation is ccrimmenced as described in subsea tions (B) (3) or (2) of this sections a .Dog Control T 13' officer, peace officer, Y umane Society Officer or 14 the County Counsel 's o££ice, respectively, small 1 serge the sununons portion of such citation in one 1 of the following manners: g a. To personally serve the summons portion of the 3 citation on thedefendant. ILhe defendant 19 cannot be found personally at,his usual. abode` 2then service may 'fit= made to a member of his x D 21� family over 14 years of ,ale who res:des at Ro 22 that :abode. ;10 2 +. £ thy. de£endar�t n unknown or unavailable for z0 24 personal serviceby the citing D09 Control officer, there the summons portion of the 26 o Page _38, _ ORDINANCEM . 4�u 1 citation, prepared by the citing officer may be personally served_upon the defendant by an peace officer, authorized to nerve such cita- tions, or by any dther 'Dog Control Officer or Lac} Control personnel employed at the Small Animal. Shelter. c. 1f, after reasonable and due diligence, the s defendant cannot be served in the manner prescribed in subsections (a) and (b) hereina- bove, service of the summons portion of said citation shall. be, as directed by the Court. 12 F.�inimum Requirements for Summons. �.:. 13 A summons for a Doc Control Ordinance violation is suf.' 24 fi tient i,: it contains the following: ng e 15 1 e name of the court, name of the person cited, 1� data on whish the citation was ilssued, name of the 17 complainant and the. time and place 3n 'which the person cited is to appear in court. 1 brief description or designation of the offense 020 in such a manner that can be readily understood by 21 a person making a reasonable effort to do, se and ma 2 including the nate, gime and place in which the 23 violation is alleged to have occurred. LU 0024 3. The complaint shall contain a form or certificate OJ by the complainant to the effect that he certifies, 26 39 ORDINANCE NO. 306 is r A J V under the same penalties as prescribed in subsec- tion 14(E) of this ordinance that he has reasonable 3 grounds to helleve, ;and does believe, that the per- 4son committed the violation contrary to the Washington County bog Control 'Ordinance. The cer- tif'ir_a*ion, if made by the Dog Control Officer, need not be mace before magistrate or any other Sersor. private party shah. certify before a Washington County District Court Judge or, clerk or �3 deputy clerk of the District. Court' of Washington as County, and this act son shall'; be entered into the 62 court record. earance by efersdant. 14 1> 7ihe defendant shall appear in court at the time ;men- $ ti.oned in the 'summons if charged with any of the following violations: 17 a.. Interfering with, hindering, molesting or is verbally abusing a Dog Control officer in •t' 19 exercise of his duties. D 20 b. owning a dangerous .dog 2 C. owning a viciousBloc. 22 d. .. 0�,mi,,ng a dog affected with a contagious disease that runs 'at .large or is exposed in a � a za 94 public place whereby the healtn of man: or nW 25 beast may he. affected, �� z i ; t r � " e. owning a dog not vac^inated for rabies whicn , bas been allege to ave: `'fatten a ,person and which has not been properly and adequate lY quarantine d. e committing acts of cruelty of animals. If the defendant is eharc�ec with any other viola- 2. tion, he s?jall either appear 'in court at the time indicated in the sursr�on oar for to such �me shall de i;�ea- -0 tlae court tae Summonstogether 1i t;a: check or is sraey order in the amount of the bail set 'fort`# on the su.mnons tog the r' with- on 12 a. A rEqu.est fora hRarinr3s or R^ .; h ' , statement o matters and explanation of or 1 zni igat-on of the offense ��aa�c�ed; Cfia� executed appearance, Vai�r+�r `oaf hearing and �. plea of. guilty appearing or, the suarImOns. 17 G. affect of Statement an Ex lana tion in Mitigation. 1 1 defendant has submitted to the court a written(b) or �c) of 19 statement as' provided in subsection (r)(2) s a waiver of hearing and o 20 this section e itconstitute zV �, i ent by the court declaring a forfeiture 21 consent. to �ude�a n4 o off all �r any ;art of:the ?tail �s c�etcx�ined �`� ane a 0= court. can the basis of such` st aterx�:xat grad any testimony o ��rxtten ta,tement of arresting Dog o ^,trot Officer or O oaeri tn� s vra cra atsav be presented to the court. s.. 26 o . 306 P990 43. ORDINAN , r 6 e. s t {�ry yy ' S SECTION F.0 S dlJN 1:J a The Board, of bounty co-nmissioners shall prescribe by 'Resolution and order and may from time to time amend the amount os each fee and charge imposed by this ordinance. The amounts shall be established upon a finding of the Board of County Via: issian zs that they are reasonably necessary to help defray the costs of the services for which the fees and charges are immosed- such Resolut i oza and order -tay also provide procedures for forfeiture or refunds of fees ani charges SECTION 16. 121 any title, section.- subsection, phrase, cause, sentence 13 or word of this ordinance shall for any reason tie 'held invalid or 14 unconstitutional by a court of competent jurisdiction, the remainder of this ordirance shall not be effected thereby and 16 shall. remain in full force and effect- 17 ffect17 17. EFFECTIVE DATE 19 This ordinance shall become effective on the Ist clay of 20 �;•, iy, 1985, except that the portion of Seco an � providing for 1_1 license issuance and renowal other than on March l of each year ca -9 2 shad �seeo�ne p ffective on. the ?st, day of January, 1��b 0.+a p 2 24 �a mo f / I 2 A / l 215 749* 42 ORD IN107C„ X O- 306 t ENACTED THIS Ier--- a tday of June , being the date of the x{_'y� d reading and �h� �i� public 3 'hearing before ,be Beard of County Commissioners ��r Washington 4 Caaas7ty, Oregon. BOARD OF COUNTY cot4MISSIONERS FOR WASHINGTON COMM, OREGON tMairman 10 Recording Secy etarPy 12 14 i�.E U3 'TG PUBLIC: E�ARIZv'as 15 FIRST 16 SECOND THIRD 18 FOURTH 1°9 VOTE Aye �.fi,a a�eo��:k N�ti�a, K1 i a�aclz, Rogers, �n� Mien_u U�, Q way 21 Y� jd 24 q 2 `. 26 Page 43 -- ORDINANCE NO. 306 CITY OF TIGARD, OREGON { COUNCIL:AGENDA ITEM SUMMARY AGENDA OF: C � AGENDA ITEM ff: DATE SUBMITTED: PREVIOUS ACTIONi Accepted C2m lianc2 ISSUE/AGENDA TITLE: Resolution Agreement & Bond at 7/3/85 Meeting Conditional:l v Accepting San. Sewer PREPARED BY: J.S. `l IMray.— Held Blvd. Baptist Church REQUESTED BY: Hall. Blvd. Baptist Chur. Jam. & community Dev. Dept. DEPARTMENT'HEAD) OK: rTTY ADMINISTRATOR: iSTid�iT�3R POLICY ISSUE INFOtRMATTON SLIMARY S. The project ;work site is located on the west side of SW Fall Blvd. , just south of Sof McDonald Street. a 2. The project consisted , of a short extension of an existing main--line sanitary sewer, -to provide service to the Church. 3. Construction has been completed and i.s satisfactory. It is recommended that the Council accept the work subject to the usual one year guaarantee, period and authorize reduction of the 'bond downward to $930.00 ALTERNATIVES CONSIDERED 1. Accept the work subject to the usual one year guarantee period, and authorize reduction of the bond to $930.00. 2. Take no action SUGGESTED ACTION PASS the resolution titled-, RESOLUTION OF THE TIGAR€l CITY COUNCIL ACCEPTING PTING THE PUBLIC SANITARY SEWER IMPROVEMENTS €��t4O#N3 AS THF' HALL BLVD, BAPTIST CHURCH SANITARY SEWER EXTENSION SUBJECT TO A OPE YEAR MAINTENANCE PERIOD, AND AUTHORIZING REDUCTION OF THE BOND. . r I � - March 11, 1986 CITYOFTIFARD WASHINGTON CC",IN Y,OREGON First Interstate Rank of Oregon, N.A. 4 c/o Hall Olvd. Paptist Church P.O. Box 230130 :Tigard, OR 97223 RE: Hall Blvd. Baptist Church (Time Deposit :Mo. 4390002473) Dear Gentlemen- In the matter of the four thousand six hundred forty nine ($4,649.00) dollar erfos nc-a guarantee beWeen' Hall Blvd. 'Baptist Church, and First Interstate Bark of Oregon, WA and the City of Tioard, Oregon; this is to serve as a letter- of authorization to allaa.� First Inters ate Bank of Oregon to release to HalI Bled. Baptist Church a portion of the deposit entrusted to said dank. The amount hereby .authorized to be released is three thousand seven hundred ninetoen ( 3,71.3. ) dollars, City 4f Tigard, Oregon or h City Recorder (J14'bs162.) a v '12755 SW A,SH P.O.EGX 23397 TIGARD,OREGON 97223 PH`639-4171 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: March 10, 1906 AGENDA ITEM #: DATE SUBMITTED: Parch 3, 1986 PREVIOUS ACTION: Resol, #84-18A on ISSUE/AGENDA TITLE: Resolution — March 12th, 1985 Planimptr•ic ,pan Fee PREPARED BY; J� S. Hagman REQUESTED BY: GommunitY Dev. Dek7t. DEPARTIMENT MEAD OK: -ia-b i — : CITY ADMINISTRATOR: POLICY ISSUE INFORMATION SUMMARY 1. The attached Resolution is a staff proposal; the purpose of which is to lower the sale Price of quarter ;section blueline prints from $25.00 each to $5,00 each, No other segment of the fee schedule is affected. 2. ;. It is staffs opinion< that said price is equitable and will result in greater utilization of said maps Further, it is also of benefit to the City that preliminary development proposals be submitted which have been prepared by use of our topographic maps, ALTERNATIVES CONSIDERED_ I, Reduce the price for quarter sections. 2. Take no action_ SUGGESTED ACTION PASS THE RErSOLUTI�N TITLED A RESOLUTION OF THE TIGARD CITY COUNCIL PRESCRIBING NEW FEES FOR THE SALE OF PLANIMETRI.0 MAPS AND REPEALING RESOLUTION NO. 84-19A. JSH:bsIS6 _m.. Mo .M' ' 11 CITY OF Tl6tRD,�gOREGGON ' THE TIGARD CITY COUNCIL PRESCRIBING NEW FEES FOR THE SALE OF A RESOLUTION OF PLANIMETRIC MAPS AND REPEALING RESOLUTION NO. 75-3. WHEREAS, to recover the costs of. maintaining and printing planimetric maps ; fees:and charges are prescribed; and , WHFREAS, Ordinance No. 52-72. granted the City Council the authority to set rates for fees and charges. NOW THEREFORE, h t BE ."IT RESOLVED by the Tigard City Council, that: , Section. 1:" Resolution No. 75-3 be rpealyd in its entirety and that the '. following, fee structure is hereby established «�r the gale of � planimetric reaps: s'X2C"7S'A '1LL b. For ;each~quarter section mylar reproducible - $150.00 plus the actual cost of creating the mylar: Mylar reroducibles are available only to other governmental entities under the condition that the maps will be used for the agency' s purposes only and copies will not be ,sold or d;i.�tributed in any fashion> . C. For. a photo copy of a portion of a quarter section asap $.25 per ,page. Photo copies are available only to resident � homeowners for personal non-commerical usL on a ane ec�py per person basis. ' Section 2: This resolution shall become effective immediately upon passage. , PASSED: 'This day of 1954. thayor - G�ty cis Tigard . ATTEST: 1 ,foj_� : 6?p�,tiy� Recorder Gi�, I,,g;rd tet' RE:SC i..0 L ION NO. CITY OF TIGA%,_QREGON COUNCIL AGENDAITEM SUMARY AGENDA OF: March 10 1486 AGENDA IT'EM 1 DATE SUBMI'(TED: March 5 1986 PREVIOUS ACTION: W/A ISSUE/AGENDA TITLE: Approval of — OLL`C qpplication PREPARE? BY: Loreen Wilso REQUESTED BY: K C deli _ DEPf4R3i9EY1a FLEAS OK: CITY ADMINISTRATOR POLICY ISSUE INFORMATION SUMARY f` The following businesses Have submitted renewal application for Council approval o K.C. Deli, 15443 Ski 72nd Avenue, RMS Application. The Police Department has conducted records and background checks and the Acting Chiu of Police recommends approval of application ALTERNATIVES CONSIDERED 1. Ratify phone poll approval obtair:od from Council on 3/5/86 and approve forwarding to OLCC. 3. Deny application request. SUGGESTED ACTION Ratify phone poll approval obtained from Council on 3/5186 and approve Forwarding'to OLCC. lw/3`s85A z 4J, Ib!" March 4, 1986 � Mr. Bob jean City Manager, City of Tigard Pout Office Box 23397 Tigard, Oregon 97223 Dear Mr. Jean (lea T'liursday, March 20 at 7:30 p.m. in the Tigard Community Center, the Tualitin Fire District will be holding a public hearing; to take public input regarding public gas. private providers of advanced life support ambulance service within the Tualatin Fixe District. This could hare' significant impact on bona the City of Tigard and its residents. I have enclosed' for your review a copy of the budget analysis recently', cam i_ssioned by the Oregon Paraaneclic Association. This budget analyais:will be discussed at the meeting on the 20th. Your attendance at this meeting and endo;`aement in favor of private enterprise woul be `great?y appreciated. Sincerely, Marsha Carroll EMT-4, Paramedic MC:el 940015.112 Enclosure t r FIaNAMIAL ANALYSIS of than Tualatin Rural vire Protection District's Emergency Medical Services TABLE' iF MMMS Page 1. suftnary 2. Personnel , ISO Ratings Political Issues 3 3 Source Documents 7 . hadoloy and �sa� t�ions � Financial Arnlysis 1 6 a' sumcary Statistical Tables "ABBE I Tualatin EAS Costs 12 lid III 'Tualatin EMS Gusts by Division 13 7. Technical Appendix Operations Division Su u ry EMS Division Suwaary 25 Support Services Divislan Sua ary 26 Tualatin General Feted Summary 20 Average Cost/Tualatin EMS Employee 29 February 14a 1986 c _ FIRAWIAL LYSIS' of the Tualatin Rural Fire Protection Dista ictis Emergency Medical Services This financial analysis of the Tualatin Rural Fire Protection Di-tr°i 's urgency Medical Services was conducted to determiner 1. The cast to the District of providing caergiency medical services; and �A The probable offer on they District@s Insurance Services Office (ISO) Rating if emergency radical 'se rvic were discontinued and personnel a not retained for'fire suppression service. The District'serves a 110 square mile area south of the City of Portland to approximately the Will Atte River, and from the Yamhill County Line east to Lake Oswego. The District provides fire prevention and suppression services for a mix of urban-residential, suburban Industrial park and rural arenas from i stations. In addition the District operates 3 non-transport advanced life support emergency radical service Units frau 3 separate stations. 14ar€power consists of 90 paid lime personnelo Including 21 Paramedics cross- trained as firefighters and officerso plus 33 additional paid cowunication, aAdminlegrative and support personnel. the balance of manpower comes from a - cage of Volunteers. she $str`i responded to 2*g a mgeaicy calls during 1984. The total .1985-86 budget is $9a950,654. The cost to time District, of providing emergency medical services (EMS) is projected to be $1.2 million in 1965.86, based oil eacpenses that- could be saved If the District were to eliminate their EMS program. EMS accounts for 14% of the District's neral Farad BudgeetR Indirect costs of providing the services for example,>buildingsa utilities, administrastive overhead& and dispatch/co munications have net been Included in this cast projection. The District will respond to 1,900 medical emargency calls In 1.965, out of a total call volume of 3900 . Thr current average cost per F1iS response is esti c anted to be $628. The current average cost per EFTSUnit is estimated to be $397P749;per year. Calls are not billod to the person receiving the service but are paid for froom; General Fund property taxes. Property owners within the District pray for fire protection -Owo mays. The first is through property taaxe st and the second is through fire-Insurance pr iusatuso insurance premiums afire .et by the Insurance Service-, Office (ISO) and are calculated, in part, based on the ISO Rating of the District. In general the lower the ISO Rating the homer the insurance premiums will be. Tualatin currently has area ISS? Rating of 3 on a scaale. of 1 to 1.0a .aalth a stated goal of a Class 2 Rating. An ISO Rating is based on the level and quality of fire protection services and is determined by manpower® equip.."rata .cation locations,, commm nicatiOnsa and water supply. Insurance premiums for residential property In the Tualatin 3 . t FINAL ANALYSIS of the Tualatin Aral Fire Protection District9s Ec r-ency Modical 'Services MUM (Coati nuGd) District are Vie 'same for ISO glasses I through 69 and are the sam for sprinkled com=rcjal propOr'ty fro Classes 1 through 4„ Premiums change as a ftncticn Of ISO Rating Class for unsprinkled'commercial property. District ENS personnel arO cress-trained for suppression service,, and If 84S, NOM' eliminated suppression personnel would 'therefore be reduced by 216 from, -90 tO69 (M)- This, Mduction could cause a change in the Districtgs ISO Rating- HGwGvGr, based on coraveraatIcAs i4ith ISO supervisors ;it is ;unlikGllr that it Would reduce the Rating beyond Class '4o The only group that would thOrefors be sub ec. to increased insurance Premiums would be unsprinkled Properties. In parfe sing the finar-c9al Analysis several 'Political questions emerged, I. ria'currant ISO Ratings provide a disincentive for "on--sprinkled c `erclal prGPOrtias to install sprinklers? 2. Is the Gistrictis goal of Improving their ISO Rating fron Mass 3 tP C'8ass'2 Justified? 3- Sh uId EMS be ;paid for by general property Q ga;esp or by those who t MCWV0 the service? 2 FINAWIAL ANALYSIS of the Tualatin Rural Fire Protection Districtgs irgency Medical Services FaRMWEL., ISO PATIRM and MMCA. ISMES PM'Perm; Owners within the District .pay for fire protection services provid do and they buy fire Insurance to coven losses that mai occur. The combined cost of fire protection taxes plus fire insurance piremiums is the c ner°rs.t4tal fire emargency protection costa Fire-insurance pa sirar^�s are established by the Insurance Services Office (ISO).. One ccaponant of their analysis. is than level and quality of organized faire protection services. The ISO wgorciaa Risk Ser°vic ss Fire Supp ssion Rating Schedule rates fire districts an a scale of I to loo with 1- ivan the imst favorable (lowest) premium consideration The Dis.ri s currant ISO Rating is Class 3. District BiS pav nnal are cross-trained as both firefighters and para dies The District's currentfire ''response pleas rely an the ;P-Vail oil i`iy of para dics for fins suppression service. In determining a ' dIstrictfs fitting ISO discounts the "credit" givers ,for firefighters who also respond as paramedics by 1 mn for each 2400 ,EMS ells ars a year. For ra fire district to improve its ISO Rating it wast improve the level . ' and/or quality of its services. In mst e=ases this translates Into additional funding for manpower, oquipntx stations and water supply. The thsOrY is that increased expenditures (and taxes) for fire protection yields love€,fire' Insura=e promiums ir. at least corresponding aamuntsa Converselys. if a fire district reduces its manpower level$ does not aaintaici the s8 level of equip nt and grater supplyv and/or closes stations# than Its ISO Rating ray lower. This In tent can Increase fire insurance pr iums. The District-'s 1985-86 Budget Message states that: Dollar savings for cemercial estaialis -tints and citizens In general can be umOA by accomplish"nt of our goal to attain d Class 2 rating for the district. A Class 2 rating should result in approximately a tan (10%) percent reduction In insurance rates for caz£q ..€srcial properties'within the District. A ten percent reduction in these rates wee ld offwet the cost of the fire protection we provide almost in its - entim-tys The dollars expended to accomplish this will be returned through reduced insurance rates. As can readily be seen, a strict cost approach to managing a csa~�anIty3s total fire emergency expensos gest consider aa`formula that Includes both fire.Insurance premium-, and the dost in 'takes to support a gives, level of fire protection services, 3 FINANCIAL ANALYSIS of the Tualatin Rural Fire Protection District's Emergency Medical Services YL5M RATIMS and POLITIMAL IS (continued) The point of i sdiate issue is whether or not the District could eliminate its ENS capability, thereby saving $Ias million a year in 'e%pansas and taxesy without Increasing annual fire insurance premiu= by =r s than 1..2 million. It (Sas not been the mjor work of this FINANCIAL MALYSIS to establish a "ureas even" point for a C":-bination of fire protection and insurance expenditures. FPawever* semfacts lend weight to the thesis that Tualatin mould in fact eliminate its entice EMS capability without changing ftae Insurance rates 'except`:possihl for ansprinkled comsrcial properties. o Fire I"suraeace premiums fear residential property arra the saw for all ISO Ratings of I through 6. o Fire insuranr :e gremiusts for sprinkled commercial property are the saw for all ISO Ratings of I through 4. a Fire insurance premiums for unsprinkled commercial property are the ly ones affected by a change in ISO Matings anasrag Classes I through 4. ISO ratings are basad on a total number of Points credited to this District. There are a maximum of 100 Points passible Up to 40 Points are dependent upon the District's water supply. Another 10 Points depend on the c ini®- cations network, and the final So points concern manpower# equipmento training, and station locations. The manpower segrrumrrt sof this SO Point category accounts for IS Points In order for a district to receive the eimam ayai€able Points ;for manoo"aier (l.S) they rust respond With £a paid firefighters on avert' engine and ladder track. If they respond with ,less, the number of Points is reduced pr°oportionaWy. Tualatin nOw assigns 3 paid personnel to apparatus, :eta the mst ISO Points they now receive for manpower is probably 7 or a points out of a possible Total faints of 100. Conversations with ISO superv•'sars indicate that reducing a fire district's persa enol by people, out of 90 could change the ISO Rating if it is now a "weak" Class 34 There is ss�.a possibility that it would not, change it at all if the district is a 11strong" Class'. Accts;flag toISOit is very unlikely# howeverm that it would ,reduce it beyond Class 4,` Fire prevention porscraraal frequently sugge-st that an Important mothad of reducing fire loss is through installation of sprinklers& particularly In co-mwircial_properties. This is evidenced by repeated attewpts to pass mandatary legislation requiring sprinkle rsP and l€�alai:ina� own stated Policy of establishing "sprinkler ordinances with all govern ent agencies within l._ then fire district." Apparently installing sprinklers will also reduce fire Insurance premiums. If the DistrictIs ISO Rating did drop to a Class 4 4 FINANCIAL ANALYSIS of the Tualatin €ural Fire Protection Distridtas Emergency Medical Services ISO fJITIHGS and POLITICAL ISR015 (continued) unspr°idklod comaercial properly would have to pay 9419her fire insurance premiums., This may act as an 'incentive for these properties to Install sprinklers. ISO will analyze various protoction scenarios for fire districts, although tired, will, not do ars for °wird pa&,i9s interested in their co m" tyo s ;f a r°e pr�'c ,,on costs. 6o determine the effect various fire Protect scenarios would have on Tualatin's ISa Rating the District should be asked to request ISO's opinion. Possible scenarios could be: o Eliminate 21 paramedics a Eliminate 11 paramedics and increase Volunteer strength by al There are also political aspects to what constitutes "adequateN fire protec-n tion® If the District could eliminate all paramedics@ not tleassiGn them to suppression and also not change their ISO rating@ th8r, ting financial benefit to the, public would be substantial ($1.2 million). If the ISO rating changed and that in tarn raised fire insurance premiuMr only on aarrsprinklod- comercial pr-oporyiesa ,the f inancial benefits would obviously be less.- i,a:t the change could serve as an ircentivO tb Install sprinklers. Another political consideration is with the fire district itself. k iro districts@like -other service bandies, can core to see their goal as "m'i'ce Best'l whether or not there is a benefit to the additional cost of being bigger, better and best. There is a point of diminishing returns, and even a point of negative returns. This dazes not imply that Tualatin is inappropriately maintaining an ISO rating beyond the point of diminishing returns. Rather;what it points out Is that a reduction of one ISO Rating Class would not necessarily cause a major problem for District ta;- and fire insurance pramium payers. Zh addition the only group that wauU be penalized for such a change would, be a group (unsprinkled commercial properties) already targeted by fire prevention and Insurance professionals as a major fire problem. At -Reis tim the available info -tion seers to Indicate that Tualatin may riot be well served by Improving its ISO Rating. In any event a+ careful const analysis should be performed and publicly reviewed before any such, change ;is contemplated. A final politicaloazrnsid�ration evolves the provision ofemergency medical services and who should pay for it. Private providers traditionally suggest ,.' that the private sector can-provide full EMS coverage at substantially reduced per call and per medical unit cost. Public providers, such as fire districts® typically suggest that that public wants them to provide FIRANCIAL ANALYSIS of this Tualatin Rural Firs Protection Districtss Emergency Medical Services PaSWEL, ISO PArIMS and PGL=AL 1SVJES con gnued) EMS, and elven to expand Into patient Transport, which Is usually handled exclusively through private providers (aitbulance companies). iia is net usually made clear in this debate is who pays for the service. And it is �F ;asesticn that is ultimately at the Centar �� the policy decisiondeclesion about who will be ENS providers. If a public body (such as a fire district) 0mvides BiS thea all property owners in the district usually pay share of the cost ,whather or• not they ever use the service. If a private compasy provides ENS then usually the persons .needing tho service pays the cost of the,service received. Som public providers however& such as Eugene' and Springfield# ,ill the person r6calsving service in the same wanner as, a private pr64idar. The political consideration involves recognizing that public (tax) funding oaf ENS allows the costs ` o be shouldered by the csm-.0aanity as, in effOctr insur&nca payments. Medical care, including ERS3 is expensivew and the public In general .aawms be comfortable with spr�eaaiasg the cosis 60 UseeIS and non-users alike. Individuals uals cznnat always control when they way need sB4S assistancep and the fear that they caul not pay for it :s a13 Orr, the oUmr hard this public is concerned with "the cost" of Soverrawnt. and the lime of their property tax bills. This result In a .nixed a ssage for - usal Ic agencies plivvidi rtg ENS. What seems appropriate is that accurate cost estimates for ho°provision of EMS by public and private providers al iko should be available sus that tiro public can co13 ivel s docide Just how they wish to sLryP-4re and pay for their"e s°gency sradical ,services.' 6 a FINAMIAL ANALYSIS of the Tualatin Rural ;~ireProtection Districts Emr g®rrcy Medical Services SVWX WAS Documents available for this analysis were they VistricVs Adopted Sudgets for 1984-8S and :for 19$5-e6s and a District Modified Budget Report for the period of Julys 1984& through Januarya '1985, Adopted Budgets for 1984-65 and 1985-86 Tbase documents are the final versions of Distract, financial plans fear the years indic:atad as filed with the State Department of Revenue They Include revenue and expenditure >em-zteesa personnal su. ries& r°gency.call statistics for previous years and information about tine District$s tax bassa. tax rate and assessed valuation. Modified Budget Rapart This Reporte dated February 8P 1985*` is a 'listing ®f actual ''expenses by: general ledger acccunto with budgeted estimates, variances and balances" remaining. lnfommtion i5 provided for each administrative division of the Districto and in sumiary form for the,Distr°ict In total pause the version of this Report available for analysis did not include the entire fiscal year it was extrapolated to-estimate total actual expenses; for 1984-85. Each of theso dacumnts divide costs between seven administrative Divisions: 1. Administration Division Contains costs of personnol admi€aistr~ationa financial wahagement.and computer operatiops® Including major computer equipment purchases, progr&r.ning support and computer repairs and s-A-Intenance. 2. Operations Division Contains costs of line per°sbnnalo includin paramedics. 39 Fire Pre-vo ction Division Contains costs of building inspectionsp fire and life safety plan reviewsp fire cause Investigations and public Information. 4s Comunications Division Contains cd:,Vts ;of receiving-err4r9ency calls ;and dispatctilng appropriate manpower and equip nt, including equipment repair's and '. f.- maintenance except for computers* 7, t FIW FAL �f€LYSTS ofthe Tualatin Rural Fire Ps��ir4�� #5is��i �s Pedic&I Services (continued) S. T airing Division Contains n a-0iS trai ing.costsso aM training oquipment purchaovssa, ai and waintenance isuch as audio visual equip nt) used by all Divisions. dc �� Medical Services Division w ins costs of diCal suppl iesc EAS train ensu medicalu rp int pal a into-na et, and di :a�fa� ais rt ins costs. 7. SIppo rices Division Contains casts of Mjor District'eq"ip nt ia6ludlnq dlca l and cnica ions (excaYt compu ers)o pu h ev operation and mai;® ny a of apparatus ;lncludir�g Rescue vehicles: and costs associated' with. )buildings used by the- istrict, i S- i - f .. E P i F k r^ FINANCIAL ,LYSIS of the Tualatin Rural dire Protection Districtfs Emergency Medical Scarvices . ASMMS 1' Each source docum4xt was reviewed independently. A number of genor•al assur tions were &.ado that applied to each docu onto while seu-€e additional factors have been applied on an individual basis. Not all costs that could � r be 'ascribed to the Districtfs ewrgapcy medical services have been � allocated. Rather, only these costs heat appear' to be the direct result of � providing ency midical ser icss have b8c d included. Thecriteria used �. in selling these costs is -whether or not. they are sApGnses that could be saved if the District were to entirely eliminate their_ENS urogram. This analysis d address the issue of whether or, not the complete �o el Jmination of,e4S peman al and their supporting costs would impact the` District's fire prest ion (ISO) ratings Some cowents about the connection between ENS personixel and the District's ISS rating may be found on page 2.x°3' _. of this report. 1. Adninistration DUlsion costs could be allocated to all other Divisions# �. Including : but it is unlikely that administrative savings would occur � even if the, Dis7trict coWletely eliminated EMS.. Since the same activities would contlnue`t°t essentially the same costs and merely be allocated to y remainig9 Divisions, no Administrative coasts have been'allocated to EMS. ;. The Oporations Division includes B4; lins personnal costs for sa ariess �r overtime and fringe ben fits. Separating EMS casts from fire suppression } casts involved the following assumptions and strategies: � owSalaiv, costs for Lieutenanjw-Paramedics (LT/PM) and Firsfighter- Par dies (FF/Fg) were determined and 'included as ENS costs. Overtimefor Paramedics is listed separatoly'iaa T-6 ""; mS budget. ' and Modified'Sudget Report, but is included with ether lima personnel (Firefighters@ Engi aeersr and hon-EMS Officers) Overtime In the 1985-86 budget. Extrapolations were made for 19,35-86 by separate ` categories for LT/ and FF/PVts assuming an even distribution of overtim among suppression ansa EMS personnel. The resulting EMS Overtime percentage estimates cowiparc. ,favorably with extrapolations � from the -85 Modified Budget Roporta e Fringe Bwagtf for all `cine personnel are grouped together by ategory of bonefite Straight extrapolations have been made to arrive at a cost per employees Including paramedics. a A factor for the largely unknown Impact, of the recent Fair Labor Standards Administratlen Board (FLSAB) ruling concerning overtime has been Included. Emergency personnel working 24/48 shifts normally work an average of S6 hours per week, or 224 hours :in d weeks. he FSLAB ruling requires that beginning February 1Sm 1985, overtime last be paid for all hours ih excess of221 In a 28:day period. 9 a. e r FINANCIAL M&YSJs of the Tualatin Rural Fire Prot tiorr District9s Emergency Medical Services 4 HETRO L n (continued) OP'sratlamVivisioh — FLM (continued) This ra*ans that without working mov ertis vj each ork an average of 3 hours per nth at ttar tf asd-oma lf�overti ee will �rate . Overtim was PrOvIOusly worked at straight time on additfolaal shifts. The-FLS ruling marts that t the District will have to pad VW-and-W one-halfcr x,11 off this Ovortimea; because it will all be � In addition to the "regular" 224 hours Per WPIOyea,per month. ` For 1984-85 tae calculation assumes 3 haaurs per month per parainedic at time-and-ons-half (an additional mhalff" time beyond the regular salary fOr 3 hours per nth)s The total Parawdic ovsertim W10pint was given ars additional "halfa time factor (since isda� at the overtir rate)® Fringe benefits of t we�19 t now met be paid to the total � of additional salary and OvOrtime thus detemireed Q% FICA. Unewoloymont. life insurance and disability)v and the graced total � ffarsd ffor the 4.5 =rat&ts of 2984-eS Included under the FLSAB' � ruling ing (February 15 through June 30, 19as)mFor � t 1985-s6 the eaalculatIOA was the sam for additional sala d hours per nth per par•aw-adic,a but f0-- a feral 12 mriths� � at 3 Districb Increased the size of its Overtime budget by 50%, probably h In resPOnse to the FLSM ruling, so no additional factor for ouert-isa"e Was included.. Additional fringe benefits sag gZ worO included ffe�r• t:a� additional salary cost, t r lhSre ire no costs in the i'ir ti�as� i 4siore that are a�ttrs`l rrtable to: ..� E Tho nicatlaps: DiVisiean receives all 921 64 ear l I those t diol assfstaance) aced will continue to doysoaWhethe,�ce��not i District pOr•Wnnel are dispatched in response. TherefQre no Comu ticatIon casts have been allocated to EMS The Trlufting Division does not appear to Include any costs associate, with F.iESg 'extsept for audio visual ea arc pelt used by tine nary e x fore no Training Division costs have been allocated tai S�istr�iCtn th€sra- HaJor E equipment cysts gars be Identified ire t but t� of e�pearrating and r inta�%ning 4S v ehi he cs cAn of be adilyCos Vi� determined. SrappOft costs or buildings, utilities# Ott. would not be Off 6d It; a�)+ staJor waY by the elitirtation of EMS. Probable costs for EMS " apparatus operation$ ma!RtGnoance and replacemnt costs area based'on ra these costs for other Oregon 4retrOdaolitAn 'fire districts. 10 FINANCIAL ANALYSIS of the Tualatin Rural Fire Protection District's Emergency Madical Ser vicbs' FIN&WIAL IMMNYSIS Based on the preceding assumptions, TAM.E a provides a, sa ��rr of the total hosts of pr*vidInq urgency Medical Services. The cost in 1964-85 is estimated to ira ve,been ; .068A83o and the estimated cost for 198586 is projected to b'e S1,193o24 a out of an astiaated total District neral Fund expenditure f 57,062,841 in 1984- o and ana estimated General Fund expenditure:level of S8479#66€ for 1985Q-864 The nuwber of FAS Caths In 19 i was $ 5 c ar d ' ostia te of1#900 for 1985a The average cost i PerEMS call was $575 in 1984-85, and is estimated to be $628 In 7985 Ts% 11 shows 84S costs within District administrative divisions. The Op crati6 Division stains the bulk of casts® The cssti teed total in tWOperatlans Division for 1984-85 is 5914P245* and is estimated at $14359004 lrs x.98 -88® Increases In Overtim as a result of the FLS ,real ng accounts for the majority of the difference. The Emergency Medical Services Divislen is anti ted at $850423 for 1984-85, and at $104&990 for g85��3h`im Trxreasas in knedical sarppiieso equipment repairsand Wain- lConanceo, training and adDilnistraative costs account for the difference. The auppoat- Servicess, Division is estimated at 58M16 for 1984-e.5. and its anti ted cur t cost is '$53,2_54. Spr ading Rescuevehic a placement costs over 5=years9 and Inclusion of an estreat, for.ve aisle oiler tions and maintenance accou--A for the major difference In amount. The 7F. Ia .. AMEMIX-contains detailed financial, Information an each division and the'General Fund. a 1� t _ t 9 A 4 ss 0 eax r- 80� 8 °� a ci ® CDS rro i � u a Is ata epi CC:i i Ca u agi C�40 s C k a C�A" a w C, r•4 fJ C� ato ti C�CDA C :K C�v 4 cd-t ©tea A m: 4 ia:�'seri 4 mea ovo Ca9 Ca c +SSs 9a a�i a-a d d�'6 K !d: A A� 0 4 a K Lua eae s 4 c I'd s-t A Q K MB d C a d 3.;! b i`8 Et ' 4 tl.4i� A S%d�.a�a d �d i4!��3 p �2• K +�.'l� 6 L'sa °� tt� d s$k ice• A 8M d i'8 s r1 IW 4 CD� �as3 C1 q em» 0 -4 c- 8 CAS e w 4 st � A sa s*4 �� a s� � e st co I �- A 9 4:a"i to -4 a CD m ! K tA% 4 � iia d 6 i 8 to 3 .a 9 L;5 e"4' @ i .-a p°m eMf$`a! s c� bi r s i 0 i p 4 s-4 is e4 a cll�l 97 *ia In A a� 3 ids R act Nra t8A s en 6n ! CO � $ 'f� D d aS§ 4 67 co in aeg a- a s e �e1 s %*•o Co d d � QS"FG3 4 4 a es a $ a n, n m. q e it a 4 w 4 S A rF in go to Ch 6t1�9 a Cq to e S a-5 d �„ i ia$t • c e 4 co To i alp. -,R,V,�m A to a! 8 H 631 B tai q A ew 4 $0 co—4 go a � dt 9 it i M i3 q add A A a ., w 4 w a a Ft ! d A3S 9 ars a.4 d i- £9 i toM 16 a' 00 B9 II 9 A �s a Asp fxd ! d a ui 4 q e.3 i i g tl fiA a cto e~ A 4 8 iica 6 - 8 em 40 totto 41 ID 0 0 fA� e 4 d tte 4zd > 4 R1A i , e2 T— Icda e 9 aS da a q p 60p ro» 5P eef t1d isF a-+ in w a� ees Q A x 90.90 in 34Ad! rr �i er s 1 4 4 > &D A e 4s as Q as ® d T•^' T�3 as 4,3 tin d.. 'X�V A 4 ! Im C@ a 4L' Ed O us U- S M d d— 4' 47r ti tC q- i Ci. e� tat to rm P g a a; 5 do 49 +8. A � 41? fia r4• 4ei) S., .�. (40 12 25 12 s • a 8 s,9 era s d v a m a tA3 m C4 r- a aY a '47 Im C.5 8 m a 6+! m LU 6 �a �. � 4 -4 `g'� i � tj w SVA' a a1 a i 1 1 1 1 19 G 1 9 a 1 1 ! 0 91 4 1 c a a � m`�° 1 1 � xQ as 1 to e � � 1 �e 1 a a a spa tS ea al -a e i ara 1 z 1 s b�cst gma d1 ' 1 1 Q 13 8 A C4i i5 pa 041 a+� 1 e� d A �2 1 1 S t-8 FA 1 a a•6 1 a 8 i 1 s 0 g ,i y i r'i ,d i $ i �• 0+ 8 a asa�4 ete 6 ara 8 CA m.-��a M 7 �yq a at5€�8� a a� a a+a a �N,, a 5a"e &;$ A Ti° i *�' Ln ra 4 r a N a r+t 8 s 4 a W 8i 0 $ 8 C2S aB$&�,0a d A & Pan OD r- i L® i an A wa 88 w,.8 w w a m $. e�$�:'-e a•s%0 692£'r d '�' A �qr 41-1r—an a StY a en LIM d 2 CO €a P-s 4 e4 A wa A b G9 i ea' B e a to m sPe a Cin o a 4L"t +";d 8 � d a 4 a 9 � as 9 xxead�$ 1 8€d a a i 8 i a a 8 9 8 OnCHqT a i QArtLnt-C� a *65 a 4a&2 8 Q a a€ 48 (n ip 8 "M 8 Q�am wry 8 Cb Co 44 0%p s- a I- t t,'2 Ga a Ln 4 aY9 a 56'8 8 a e� suet a aea 9 a'+� '+ 'a C� a Cd a L"i%� a .r,S! d as 9 S a a a as 8 r a r 8 w w a w w $ m $ r a c d w 3! ca b Ln a s�.� a as a r-Ch to a N A 3'x'8 U) a a5 A CO w 4 Go a en ms's,A Ota a 6A 8 sera f°3�-4 48 i'cn a LLt i ;k7 a 465 a e at a 4aa N to A a 8 a a i s a to ax w a a - 4-0 _ co � 4 a ah a 4.3 4n LLS 0 OU 00 A 8 2^ 6�t3 3 �3 a ryaa. -Al Taxa $4 6 9 4 a $ 0 0 a s 0 Z CO .44 0 S" &f 3.t s A J Eta so to a 2 45! �.. a uP 3 '9'a'ate'aJ SM. .nl: g3°,5-w Siatv t e 1 tom— a Ci !w ai3 h� dA ham- ' Q map a b ay 4 qua a— 3 �ra � rxl In �a evM � .t ax r a. s ga63a� a taa ur � 13 I IAL `,�L.YSIS atin Rural FirG Pre Of the Tual Ener ecedical SGrv6s TECWCAL AF LX _e ' t 34 v FINANCIAL LYSIS Of the Tualatin Rarsai Fire PrQtection District®s Emergency Medical Services 1.i1�4�85 1� �65 1� ��5 1i�65�L6� OPERATIONS DIVISION BUDGET ACTUAL ACTUAL BUDGET e To 1/31^/85 to 6/30!65 Para3ic Salaries 6350100 354.,081 601,,SS3 6711436 Paramtdlc Overtime 98,500 44e651 76,545 151..180 Paramd1c Benefits 2124172 0 21.61,6 265,120 rLSA6- Factor 21,734 0 17,9163 �a517 Total 84S � 967,506 � 395,732 914m245 �..16092.252� Other= Operations 2872,282 1,726,745 2.`24,287 3051.tr910 3,839,788 2,1.220477 38638,532 �611s362 Total C 3a861,422 A1� X4.7 Z� 4•4717 X. �3®S«7SPS9 ah 855 oSd � - CURRENT COST ESTIMATE FOR 1905-86 ? Based on the above extrapolation of ACTUAL expenses for 1984.85 the OPOWZ ons Division underspent its SUDGET allotment., The CURRENT COST ESTIMATE for 1985- has been shown at this sams, percent of the 1985-86 BUDGET. 1965-66 Operations EMS Budget IaO92,252 Estimated Expenditure Percentage 94.8 % C t1S"T ESTIMATE for 1.985 -� h Fara dic Salaries 6364244 Paramedic Overtime 1.43,256 Paramedic 88"fits 251P224 F SSA Factor 4 A 2.80 `fetal EMS L035*004 i 15- FINANCIAL ANALYSIS a Of the Tualatin 5�eas°a3 Fi i�e'4�te�ioaa Dist�^ict® Emergency iiadiral See%aics OPERATIONS DIVISION 198S--86 Budget Parawdic Salaries ' LT/ice 9 3139740 46.7 3 FFI 12 357,696 53.3 X Total Salaries, 21 671,436 100.0 9 Par die Overtime FF Vacation 18 98,942 ' 33.4: E Vacation 24 131.,923 44.4;3 FF/FM Vaczition 1.2 65,962 22.2 Z 65,952 43.6 5 Total Vacation .54 296,827 1.00.0"9 FF Call Shifts 18 21,1.30 33.4'S EE Call: Shifts 24 28,1.73 44.4 FFM4 Call Shifts 12 14,087 22.2 Z 14vO87' 9.3 � Total Call Shifts 54 63,333 100.0 Z Officer Vacation 28 1x31,215, 75.7 LTfPA Vacation 9 58,248 24.3 % 58,248 38.5 wro�m.sevm+s�.mmmomuom,m�a1o+.tAam Total Vacation 37 234,464 100.0 Officer Call Shifts 28 � 40P082 75.7 S LT/PM mall Shifts 9 12,853 24.3 % 12oM 8.5 Total Call Shifts 37 52,965 100.0 S� Total Overtiraw 91 6552,646 100.0 X 1510180 100.0 % Parawdic Fringe Benefits FICA 53,073 20.0 % Workervs Comp 16,956 6.4 % Unwiplay n 21609 1..0 % €iet i remoni 127,449 411.1 Flealth Insurance 65 a,034 24e5 2 Total Fringe Benefits 265,1.24.1€3 .0 z TOTAL Ek S E�d�FHIJi WERATIONS DIVISION YaMa736 ; 16 t r FINANCIAL ANALYSIS z Of the Tualatin`Rural'Fire Protection District's Emergency Medical Services i 1 OPERATIONS DIVISION 1985-65 Budget � Paramedic Fringe Benefit Detail o Total Operations Division Wages Salaries 24782a428 , Overtime 657,,646 Shift Supervisor Pay 3,600 Total Kages 3s443,674� � Total Operations Division Fringe Benefits FICA 222,175 6.5 % of Total Wages Workarts ClNV 70,980 eel 9 of Total Wages Unemployment 10,920 0.3 Z of Total Wages Retic apt 533,535 1.505 X of Total Wages a Health Insurance 272, 40 709 of Total Wages � G Twt l Fringe Benefits 1,19#858 32.2 sof 'Total Wages Total Forsonnel Cost 4453,532 t s Salaries 671,43 Overtime L5I1180 � Tatall EMS Wages 82.2,61.E ,` ENS F ringo Benefits �. FICA 53,073 5<5 X of Total EPS Wages 14 ` e�9s p 16,956 2.1 of Total 5315 Wages Unemployment 2*609 0®3 of Total F14S Wages Ret Ireepont 127,44 15a5 of Total ESS Wages Health Insurz-nce 65,034 7.9 S of Total ENS Mages Total EMS Senef its 265*120 32,2 Z of Total EVIS Wages 17 FIMCIAL MIALYSIS O f � a3 in Rd ral FIra Pr'a tGCtIQP Dist'f--firs TIN DIVI IQ m 1285-86 Budget rob Iaf ie Mfr°_ �r°_Standar . ministration Board Overt€cs� k�uii�€g Parmadic S l r%s L TIPM 9 3333740 F"pm 12 3�-7 695 Total ':Salaries 21 671v436 Regular Hourz in 24/48 ,- 2,912Ave Aulnual salwy/Flosition UIPM 343 Ave' ourl y te'dPosition U/pm 11.9 9 r` €9 10.24 vertime Factor 0.5 Extra Salary Cost LNIN 1s t FF/FM 26211 491.50 Fringe Benefits .>. — FICA O �>a Worker's v%p 9 201 Sia 1. unemplray nt e 13 365 TOTAL FLS FAtCTOR 4,517 2�' r FIMC AL MALYSIS Of the Tualatin Rural-Fire Protoction District's ,:. Emergency Redicat Services : CPEMTIONS aI iSIO 1954-m65 Sudgaat d.�t -9 299,'052 47.1. 12 ` :336,048 52.9 Total sari s �21 635,100 10OX a ra aiic 'Mmrtiwa Fl Vacation 37,000 37.6 Z FMCCa1I .Shifts 24, 00 . L9 Vacation 258000 ®3 X LTA' -: alI Sh I fts 12,500 1.2.7 % �? `6aial 'Oveftime 98,500 1.00.0 � 'ParamdiFringa ZamafIts �MCA 46,331 22.0 S 8.0,% 2,456 1,2 X sti M. 79,455 _37.4 alth Insumme 66,751 31.5 T aira.1 .Fringe`Benefits 212&I72 1.00.0 X TOTAL EMS WITHIN: WK IONS'0IVISIM 945,772 �. s< 119 FINANCIAL &4ALYSIS of the Tualatin "Rural "Fins PrOtectiG9 District's Emergency €edical Services � �A OPERATION'S DIVISION 1984-85 -Budget � Paramdic F ripga n0fit [Entail ; Total erai:ions Division Wages Safari 2o5349484 Overtime 266, 0 : Shift Suparvisarz PaY 7,200 Total W4905 2,6608,0 � � � 'operations Division Fringe anefits FIS 1.70,303 6.3 x of Total .Wages Wo&,arQzp 64,800 2.3 Z of`10tal W496s nemp1aymnia 9,400 .13 Z of'Totavl Wages Retirement 304.130 10.E � .of 'Total :ages Health insurance 2.558512 g.1 Y of Total WagOs ' Total Fringe Benefits812,153 28.9 of"Tatal Wages Total PersonnelCost 3,620,07 t4S'Wages Salaries 635,100 Overtime 98,500 ata.l EELS Wages :33,600 mz Fringe Benefits, FICA 460561 6.3 % of Total EMS Wages Worker4s Comp 16,929 2.3 X of Total EMS Wages UneWloymnt 2*4S6 0.3 Z of Total EMS Wages Patirarraaat 79®4SS .1.0.3 % of Total EMS Wages 'Health Insurance 66®751 9.1 % of 'Total 'EMS Mages Total .EMS es.ofits ��212#172' '23.3 X of 'Total EMS Wag.as FINANCIAL CLYSIS Of they Tualatin Rural Fire Protection District9s Em a€Rgency4ftdlcal Services OPERATIONS DIVISION 1984-55 Budget Probable Impact of the ` Fal:,Labar "Standar=ds Administration Board Overtime Ruling Paramedic Salarse s LTIPM 9 2.3300152 FFA 12 336,048 Total Salaries 21 635,100 "'Reaular Hours in 24/48 Year 2P912 r veFqp7r :e�9nual Bahr°�s/posi°�ion *g % WPM C M 33 o 228 FF 28,004 Ave Hourly 'Rate/Posltlon MPH 1.1.41 FF/FM 9.52 . Hours/M4rdth '@? OT'Rate 3 erti `Factor 0.5 €Naber° of m nths evader FL,SAB 4.5 Extra Salary Cosi LT/F" 633 FFIPM 77 1.2472 1,47.2 Y EMS Overtime Total 98,500 Overtime Factor° 0,5 Extra Overtime 3s "Cosi .�..�10,469 19e941 s:sed ex Gone-fits .r...., . r=IC 6.3 1,266 2n3 460 Unaimployment 1 0 003 67 1.1753 ., TOTAL FLSAS FACTOR � ._21*734 21 F18oiMCIAL ANALYSIS, Of the Tualatin Pural .F�rG PrOt�actjea� District's E;Wrgency Medical :SOrvicss tV15I 1984-85 Estimated Actual Expenses thru 1'31./+85 s 711/64sl:e-� �a�3�� Farawdic Salarias A 9 1;66,532 47®4i % � �BS,� �7�� FF/pm 12 t 4 449 52.6 % 12 316,v370 52.6 9 tx1 Salaries 21 351,081 100.0 �l sols 3 100.0 % Paramedic Qbe i 5A 6 2.1 % 9$265 12.1 X FF/fry vacat 16,239 23.2 % Cs ll"shifts, 9,473 X1.2 % 36,094 47x2 % 21 055 1 1cto l 8,70^ 19.5 S14,92 1-9.5 LT/ Call 'ahatp � , 4,651 10076,545 100.0 , 'Tatal me Fr,,ivIiqw,Ba.n9f its 490646 '22.7 9 FICA 19497 0.7 WoriterQ s 0w.lp 0 0.6 un to ent, 111,372 50.9 S not I ro M. e I t 25.7` Health_InsuVance 218®684 100.0 Tart,`: Fringe ,10fa'ts 697�c�82 a .. i 22 d FINANCIAL AN&YSIS Of the Tualatin Rural Fire Protectlo a District's Emergency Medical Services OPERATIONS DIVISION a, 1984-65 Estimated Actual Expenses E Paramedic Fringe Benefit Detail Total @pes•ations Division Wages l'hru 1/31/85 Sal-arias 1.*3909557 Ove.-time 186sG72 -Shift Supervisor Pay 4v30 Total mages Total erations;`Division Fringe Bariefits - Thr•u 1/3V65 FICA 115,,695 7.3 S of Total Wages Norkert.s Cwp 3,468 0.2 % sof Total Wages l3rreq)leymn nt 0 0.0 % of Total Wages Ret I raw 259,S39 1.6.4 5 of Total Wages alth Insurance 1.30 897 8.3 9 of Fetal Wages Total Fringe Benefits 509,,619� 32;2 of Total Wages Total Parsonnol Cast 2,090v548 UIS Wages -, hrw 6/30/85 Salaries601��53 Overtime 76PS45 Total ENS Wages 6780395 84S Fringe BanofitsThtu 6/30405 a^A 490646 7.3 a ff TotalSMS ages Worker's Cornp 1..,037 0.2 % of Total 'EMS Wages Elnemployrant 0 0.0 .0, of Total EMS Wages Ret.I rerm at 11.1.,372 ` 16.4 % of Ictal E?IS Wages Health Insurance 56,1.70 8.3`X.of Total EMS Wages Total VAS l onefits 218*684 32.2 % of 'fatal EMS Wages 23 ; 9 � FINANCIAL AKALYSIS of the Tualatin Regal Fisc Protection District's 'Emargegicy Medical Services OPERATIONS DIVISI0N — 1964«65 Estimated ,"heal Expenses Probable Impact of the Fair Labor'Stand-i:rds Adminis�raticn BoardO�aerti� Ruling Parawdic Salaries LT/PM 9 2615v453 FF/PM 12 3166370 Total Salaries 21 6€310653 Regular Hours In 24/48 Year 2,912 Ava Annual Salary/Position URN 319720 FF/PM 26,364 Ave Hourly RateI/Paasition LT/FM 10.89 FF/PM 9.05 Hours/Month 0 OT Rate 3 Overti Factor 0.5 Member of synths under FLSAB 4.5 Extra Salary Cost LT/PM6 sa FF/PM 733 , 10395 1®39.5 Overtime 76'e-S45 overtime Factor Om5 Extra Overtime Cost 1«s35� 15047 ' Fringe Benefit 6.3 11000 FICA 3~ICA Q 363 Worker's Comp ;0 0.3 3 S3 1,416 TOTAL FLSAB FACTOR 24 FINANCIAL AWLYSIS 4 Of the Tualatin Rural Fire Protection District's Emergency Medical Services ®: 1984-85 1984®85 1984-0.5 1985-86 VUERGENCY MEDICAL 'SERVICES BUDGE' ACWAL ACTUAL BLOGET To 1/31/85 85 Tse 6/30/85 Medical Supplies 37,400 8,498 14,569 28,200 Equip Repairs aint General 6,325 498 853 4182.5 Resusirs 31000 Incl incl Training Travel 11600 473 725 11600 Living Expenses 4P790 597 18023 4,790 Cuss & Subscriptions 380 44 75 390 Tuition 9,725 1A,019 2,775 91105 Audio,Visual 3,000 1,232 7,112 ENT I Textbooks 100 incl incl Stress Managarmant 4400 incl incl 4,000 Professional ,Services vices 1.5,737 10,162 17P421 171360 87m457 23,073 39,554 70@8970 Administration 4.4.,819 26,,9757 45,869 52,861 TOTAL EMS DIVISION 132x276 49,830 85,423 1r"3,731 CURR&ff COST ESTIWTE FOR 1985-86 Based an the abuse extrapolation of ACTUAL expenses for 1984-85 the EMS -Division underspent its BUDGET alto tment. The CURRENT COST ESTIMATE for 1985-86;has been shown at this sam percent of this 1965-86 BUDGET. Total 1985-86 EMS Division Budget 1231731 Estimated;Expend i torePercentage 64.6'% CURRENT COST ESTIMATE for 1985-86 Medical Supplies 18,211 6 64.6 Equipment R 4 M 3,116 6 64.6% Training 12,,842 2 64>6 Professional Services 1.7,960 9-1WA Administration 52461 0 100% ------------ Total 104,990 25 FINMICTAL ANALYSIS Of the Tualatin Rural fire Protection !'District's' Emergency Medical.Services _ 1984-85 1.984-8 5 1984®85 1985-86W.FOR SERVICES DIVISION BUDGET ACTUAL ACTUAL BLO GET To 1/31/55 To 6/30/85 Medical Equipment Intub Head & IV Ate- 11000 Trauma Bo:. 5�, 00 Apparatus Equipment 29450 2#450 Resusi gs 11690 Jump Suits 2,454 Equip-ment 554 949 Regain & Maintenance 57 97 Soh Sbppl ices 11 20 Rescue Vehicle Replace 650000 65,1000 Vehicle Op,& Maim 68,950 622 68,516 4,174 ` CMD-ENT COSH! ESTIMATE FOR 1.985--86 In order to display a realistic, ANNUAL EMS cestp the y.�otal cost of loscue vehicle roplacei should sant be shown as an expense In arta one year. Vehicles typically last a years, so the C RRIENIT COSH" coluemn has been adjusted 'to refl .1./5th of a. total vehicle cost of.$65,,000. Available Tualatin financial docua nts dna not indicate the costs of and maintaining Rescue vehicles* separate from those costs for ALL vehicles. A check wit other BIS providers Indicates that Rescues are driven .about 700 Hailes per month:and cost about S,40 per mile to operate The CURRENT COST column refl is Haase assumptions for 3 svehicles. Medical Equipment 4,174 Rescue Vehicle Repla e. ent 39,000 t Coni Each _65rO00 Number of Units 3 Useful Life In Years Vehicle Operation & Maintenance 100080 M116s/month/vohlcle 700` Number of vehicles 3 Cost/mi l e 0.40 'Total -CURPXNT COSI" w_�53*254� 26 FINAWIAL ANALYSIS Of the Tualatin Pwral Fire Protection District®s Emergency Medical Services €S VEHICLE CMS uvea Miles Operation & Useful G 'Jurisdiction per Mortis, Maintenance Life' In per Mile Years city of Beaverton 650 0.40 E City of Eugene N/A WA � a` City of Portland 960 4 City of Salem 1,300 0.40 12 Washington Oaunty Fire 01 600 0.70 S to for Tualatin 700 0,40 S The.Eugene Fire DepartwePt Pays a flat fee 9f S9551nt-h/vehicle to the cityss central rotor pool for O&Ma exclusive of replacentent amortization. r; 27 T 4 FINANCIAL ANALYSIS Of the Tualatin Plural vire PrOtectiOn District's Emergaency Medical Services 1954-85 1984-85 1985-86 GS &BTlAL ACTUALBUDGETEms: F SU, sa 1/31/85 To 6.130185 Administratla o 46GP82S 297--338 509,722 501,279 aparatiops, 30839,7 2,122@477 3o636s532 4a6114�162 Fire Prevention 543e413 280,0324 480a555 ; 544P443 3 " t ie3 5350101 228a443 391,617 6500725 ic5i t� 168,990 30,623 1788090 urgency Medical ''Services 49430 858423 1279905 Support Services X40,347 -3938039 6738111 568,952 Coot i ri e ncy 1500000 0 0 300,000 "Total 6.478,740 3.452,074 5$91.7,841 1,jo482,456 Transfers To Other Funds 8.45400 14,,000 145#000 245x000 Unappropriated BalancelV000a0000 1 r000es00 1a000�OQ0 1#�300a0S�0 .. Total 7r6 0740 4x597#074 7a06Z841 8,7277.,456 'WST-ESTIMATE FOR 1985-86 Based on than a€a€vo extrapolation of ACTUAL expenses s for 1.984-85 the District unde�rspapt its BWGET allotment. The VJRRENT COST E TIW%TE for 1965- has been shown at this spa percent of the 1.985-86 ELOGET. Total 1985-86,0ivislon Budgets 7,482#45 Estimated Expeaditdre'rercentage3 9103 s� 0ivislah fists for 1.935..E 6.,834,660 Transfers To Other Fends 245,000 „ UnappraprlatGd Balance 1.90009000 TotAI e��3T C0� ES WE�'E 8a079b660 28 FIapa e L S�5'lI.LYSIS of €ate Tualatin €gar&l ;Fire Protection.01strict2s F.igargency Pedicbl Services ,' � 40 �d . � m 3 $"o�fs.`°�` 19 ° 6 E I TED PER,EMS E'L ,(SS Vis. EST. ACTUAL SLOGET CMENT COS' Total Salaries LT/ s 9 42.9 28SP493 47.4 313,740 46.7 2.97 296 46.7 FF/MS 1.2 '57.1 316,370 S2.5 357,696 53.3 336,548 53.3 Tl a 21 100.0 601,853 100.x+ � 671.,43+6 1,00.0 636s244 100.0 Total Overtirra LT/ 9 '42.9 51,021 56.7 71.PI31 47.1 67,403 47.1 F�F/PK.s 1.2 57.1 2x,524 33.3 89,046 52.9 75 53 52.9 Total 21 100.0 76,545 100.€3 151,1180 1.00.0 143,256 100.0 Total FLSAB Factor LT/Pms 9 '42.9 7s356 42.9 10 6 4269 1.9634 4249 FFl 12 57.1 9,808 57.1. 2„61 57.1 2,446 57.1 Total` 21. 100.0 11,163 1.00.4 4,51.7 100.0 4®280 100.9 LT/PMS 942.5 343, 0 49.4 386,807 46.8 3666533 46.3 FFf s 12 X7.1 351..701. , 50.6 440,325 53.2 +417,246 53.2 21 100.0 695,561 100.0 027,132 1.00.0 763,780 100.0 Total Benefits LTRMs 9 42.9 1089139 49.4 1.23,983 46.8 117P485 46.8 FFIPMs 12 57.1 1106575 50.6 141,137 S3.2 1.33$740 53.2 9 dot,31 21100®0 21.8,682 100..0 265,1 A.20 100.0 251,224 100.0 Total Train$its LT/PMs 9 42.9 .2,676 42..9 e®522 42.9 58504 42.9 FFIRMs 12 ' 57.1 3,635 57.1 11,363 -57.1 7.9336 57.1 Total 21 100.3 6x711`100.0 1.9,085 100.0 12x542 100.0 AL ANNUAL � s�5` .� 469A521 46.7 L7'� is 9 42.9 "54,3 45 49.4 51.9332 46.7 FF/pHs 1e 57.1 466,111. '50.96 592,825 53.3 SM,324 '.53.3 .a.....>.�a+..ae.mea.,+.:.......m�..®..xi..�a.a.�®...�...m®.e,'.y.....�A,.s.....n..e�..•As.�w.,w �m- a,m.a+ � Tectal 21 1.00.'0 920,9$6 100.£ IP112,,1.37 '100.0 1,047vWS;7.00.0 �.:spaeir.�.��:��sc�zzax�xc:�:�!otter:w�saa:a".+q�:��ares�asae9.��au��P��xassa��r��pe��arx�zm :AVERAGE ANNUAL COST LT/ s 9 50,538 57,7131 54,391 ;..• FF66 P.s x2 38,�4s 49,40 46,527 Total�a3 21 v y�43,655w 521.959�� X39,897 AA I sts t t�:nutt, Arait 0;N ti LX'.tiNCtl AGf-:P+Ufs €YEP SUCY"r�HY t � y t� 1986 AGENDA ITEM --- DATESUDtjITTE0: 3j10/86 RfBEVYOUS ACTION: ISSUE/AGENDATI`P E: Hail/8urnham Contract Final Engineering Contract PREPARED BY: Duane x_�ok�ersc. REQUESTED BY: _ CITY A rNrS'ti-RATOR: !?EPAtTTe�E,d HEAD Ott: POLYG_�YSSUE .__ INFORMATION SUY� ARY Proposed :services contract for final- design work on HallA3urnham LID i.mprovemp_nt.attached, ating definitive or fixed fee .and non-definitive or hourly Basis for sepg billed items is"ASCIP Consulting Engineer's Manual. giaality of the ;contractor and amount of soirovedls sbynthaEhgineg are Qring Services proposed contract has been reviewed an. app : manager and Contrraunity Development Director. atrTEPaAt1vEs ESIDERED Approve contract and authorize May and City Recorder to sign, 1. Ap,r� 2. Take no action. 1 suGGESTED ACTXON Approve contract and authorize mayor and City Recorder to sign. 4 .. IS 'kpif �. aCarlsul$1ng engineers January 10, 1986 � i g' Mr. William Monahan Director of Planning & Development s CITY OF TIOARD PO Box 23397 ffi' Tigard, OR 97223 ' RE: S.W. Hall Blvd. Local Street Improvement District Design kpFf 'Project No.;85104`.1 k, Dear Mr, Monahan: .,We Bio not have a signed contract withthe City to provide design services with the City. This letter updates all previous correspondence referencing design Fees and makes an allowance for all credits, including that mentioned in Purchase Order 03023 dated July 29, 1985. The purchase order credit : was also 'included in the fee quoted in our July 25, 1985 letter regarding fees. Our services during design would cover those items outlined under the "design phase" and "construction phase" under Basic Services in American Society of Civil Engineers Manual No. 45, as well as preparation and as constrructedFlans which are normally special services. These services generally include design of the half street improvement, and preparation of 25 sets of plans and specifications for bidding. We would also assist in answering questions during the bidding period, review the three lowest bids and make a recommendation for award of a Contract for construction, and periodically visit the site during construction. Special services generally include soils investigations and tests, surveying, construction inspection and collection of as-constructed data. The fee for design services would be a lump sum of $10,600. The constru d o Services would be billed on a time and material basis. The estimated budget for special services is as follows: Construction inspection and collection $11 ,600 of as-constructed data Design, construction and as-constructed 5urveving 6,000 Soils testing 1 ,400 b. Preparation of right-of-way description 800 Special ;Services Total $19,300 421 s.w. loth avenue, suite 911, aordicund+ OF 972i-Al (503) 227-132,51 ancharr� e !os'angeles poilic;! 0 yr_ctflo _ Mr. Willaim flcna",an CITY OF TIGARD RE; SW Hall Blvd LSID Design kpff Pro;;ect No. 85104.1 k January 10, 1936 Page Two Should you have any further questions, please caul me. If this proposal meets with your approval, please sign and return the enclosed copy. We can 'begin work immediately and look forward to your call . Very truly yours`, C—ITY OF TIGARD ctepted StuartL, Cato, P.E. Manager, Civil Engineering Date ' SLC:nbc400 r 01 Y, sY i r= y¢e "kpff , t ' HOURLY RATES kpff consulting engineers ' Januar; 1, 1986 - December 31 , 1986 s OFFICE RATES Partner $70 per hour Project Manager $55 per hour Project Engineer, $40-50 per hour Design Engineer $35-45 per hour Resign Technician $30-35 per hour Draftsperson $20.35 per hour Clerical $,25 per hour, FIELD Resident Engineer $45 per hour Resident Inspector $40 per hour SUBCONTRACTOR Cost plus 10% EXPENSES Mileage $0.20 per mile All Other cost plus 10% Form CE 2 G x CITY OF TIGARD, 'OREGON E CONTRACT FOR PROFESSIONAL SERVICZS CONTRACT ,TITS,r.: S x. �7�LL'BWLEVt%M LOCAL STREET InPROVEWE TR CT t�-SI- CONTRACT This Contract, made and entered into this---IOtt, - ^day of ignuary '__, and between the City of Tigard, a municipal_ corporation of 13 the State of Oregon, hereinafter called "City" and ( full name and address of person or fizm),tep Ms� PortiaDd. .Oregon_9720d � - ---- - - — hereinafter called "Contractor" , duly authorized to perform such services in Oregon. W I IV E S S E T H uiF'�E REArs, the city requires services which Contractor is ca.pa.ble of p' WHE incl. under terms an conditions hereinafter described; and WHEREAS, Contractor is able and prepared to provide such services as City does hereinafter require, under those terms and conditions set forth; now, therefore, SSI CONSIDERATION of those mutual, promises and the terms and conditions get forth hereafter , the parties agree as follows : Pxo eat Descri-P tion. Contractor' s services under this Agreement shall consist of the followirkd: a.` Contractor shall perform professic�r,al services as outlinedin the project proposal dated the tots, ._day of .1?nuary___. .- 19_86 , a copy of which is attached hereto and incorporated herein by reference. The project for which services are to be provided is known as S.W. KALL WA!LEVAR4 Lr-)CAI STREET IMF`t0dtWNT DISTRICT GsSIad 2 . Com t~tsat ?Urr A . The ". tyr agrees= t<: i--� ' the .tt; r�;,v ;�t � 30..ioo..uo t<:,r Performance of t.ho�:;f, set vi e>r• ,v Irl IZe>. r ;n . 1 be 'A F7'7 ,' based upon the followrri applicable terse : , 1 . r�ients.` as fcp A schedule of payllows: {ee.hedu:le set forth) . Design lump sum tea of $10.600 c i11 tray billed Mthly based oar percentage of work completed for 90) of fess due upon completion of plans for bidding.arrd 500h at csxrpletion of bidding. crilt [x at withright-of-way descrip Cons ruotion services. surveying soils testing and preparation of r►g y F . 'monthly according to scheduled rates for services performed. st. tics and �nteriats biilc�aS 2 . Payment by the Cit shall release the City 'tcora ; any obllgatian for payment to Contractor for service or ser- ss ;inC tarreds of the date of the statement prices performed or expenses of services . 3. The City certifies that sufficient funds are ava'i.lable and authorized expenditure to finance costs of this contract . work performed by the Contractor under this Agree- B. Ali w p �r. meat shall be the property of the Cital 3. Contractor Id_•_ entlrcaton. The, shill furnish to ,the City its employer identifi- caCio,1 number, , as designated by the Inters2al Revenue Servicicable . r , as 1 Security Number, as the City deems aoF> . Cont actor s S a; 4 . C i tY a s :,Sprese-rltat ive 32 .the City's authorized repres'ent�972w1i1 be For purposes hereof , Tigard, Oregon 97.223 : { 5153) the City Engineer, 12755 SJA. ,Ash Avenue, 639-4171 5. Coxatra_ct_o_r's _RepreQent�t^i�Ae• hereof , the Contractor's authorized repre4entatxvQ For purposes will b'e_:ER[Shur_bt,_:.dahr.5�e T11 orri(sr tc faci Y S Cate tyle woa k of tha Con? rr3cCvr rcc.c r-. C�� a2 above outlina^d the r1t•y :shall furnloh tt� the ContractoTr�nc:c>r: abir�°OlI llnermat lc>r1 whl ::h is it) tile. City ' s poosecanior, ey l��caL;iar7 of <�w• r ink cratrz llnr_ s and c�Cher tatl : : tir� NT}{Elis Z. d 4 3 '7 which affect the planning and construction of the proposed improve- ments. 7. Contractor is Independent Cantrautor A- contractor's services shall be provided under the general supervision of City's project director or his or her designee, but Contractor shall be an independent contractor for all purposesand shall be entitled to no compensation`other, than the compensation provided for under paragraph 2 of this Agreement. D. In theeventContractor is to perform, the services described in this Agreement without the assistance of others, Contrac- tor hereby agrees to file "a joint declaration °with City to the effect that Contractor's services;are those of an independent contractor, as provided under Chapter 864 -Oregon Laws 1973 . C_ Contractor acknowledges that for all; purposes related to this Agreement, Contractor is and shall be deemed to be an indepen- dent contractor and not an employee of City, shall not be entitled to benefits of any kind to which an employee of the City is entitled and shall be solely responsible for all 'payments and taxes requireed by lays; and furthermore in the event that Contractor is feund by a court of lays or ar, administrative agency to be an employee of the City for any purpose,' City shall be entitled to offset compensation due to demand ;repayment `of any amounts paid to Contractor under the terms of this; .Agreement, to the full extent of any benefits or other renumera- tion Contractor receives (from City or third party) as a result of said finding and to the full, extent` of any payments that City is required to make (to Contractor or to a third party) as a result of said finding. D. The undersigned Contractor hereby represents that no emplcsy of the Cites of Tigard, or any partnership or corporation in which a City employee has an interest , has or will receive any remun- eration of any description` from the Contractor , either directly or indirectly, in connection with the letting or performance of this contract, except as specifically declared in writing. s 8. Subcontractors Assignment & Delegation. A. Contractor sha).1 submit a list or subcontractors for approval by the City, and Contractor shall be fully responsible for the acts or; omJssions of any {subcontractor's and of all persons em- ployed by then, and neither the approval by City of any subcontractor nor anything contained herei; 9, L be dtte�tc.d to create any contractual relation between 'the sajb:'ontractot, and City. B Thl!� A(jrv,,,men` and ai '. (if the cr.�venants ' and conditions hereof , shall inure to the benefit of and be binding upon the City and the Contractor respectively and .their legal representatives . Contrac- tor shall not assign any rights near delegate= any duties incurred by this contract, or any part hereof without the written consent of City, and any assignment or delegation in violation hereof shall be void. 9 contractor's Emp1-0ye�es Hedlcal Payments. The Contractor agrees to pay promptly as due, to any person, copartnership, association or corporation furnishing medical, ;surgi- Cal , :.and hosuital care or° .other .needed care and attention incident: to '. . sickness or injury to the Contractor's employees, all slims which the Contractor agreed to pay for such services and all monies and scums which the Contractor collected or deducted from employees' wages pursuant to any law, contract or agre=ement for 'providing cr paying for such services. 10. Earl _Termination. A. This Agreement may be terminated without cause prion to the expiration of the agreed upon 'term by mutual written- consent of the x.arties and for the following reasons authorized by CRS 279.326: 1 If work under the Contract is suspended by an orderof a public agency for any reason considered to be in the. public ~ in'terrestcsther tta:�n by a labor dispute or by reason. of any third party Judicial proceeding relating to the work other than a suite: or action filed .in regard to a labor dispute*; or 2.` If the circumstances or conditions are such that it is impracticable within a reasonable time to proceed with a sub- stantial portion of the Contract . B. Payment of Contractor shall be as provided by ORS 279 .330 and shall be prorated to and include the day of termination and shall be in full satisfaction of all claims by Contractor against City, under this Agreement. C. Termination tinder any provision of this paragraph shall not affect any right, obligation or liability of Contractor or City which accrued prior to such termination. 11 . Cancellation for Cause City may cancel all or any part of this Contract if Contractor breaches any of the terms hereof or in the event of any of the follow ling: Insolvency of Contractor; voluntary or involuntary petition "ln bankruptcy by or against Contractor; appolntmcnt of a receiver or trustee tor Contractor , or an assignment 'for h,!n,.g f t Ot c-Vf"di fors of Contractor . Damagf-9, tr,z br(,;tch shall t�e by ;recsnn l tw t b FOR reasonable and necessary attorney's fees, and other coats or iitiga- tion at trial and czoon appeal 12. Access_to Records. City shall have access to such books, documents , papers and; records of Contractor as are directly Pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts . �r 13. Force Maetar�. Neither City nor Contractor shall be considered in default be- atzse 'of -1y delays incompletion of responsibilities hereunder -due to and without fault or negligence on the. part causes bey©nd the contzot of the party so disenabled, including, out not restricted to, an act of o or of a public enemy, volcano, earthquake, fire, flood, epi- �. demic, quarantine, restriction, area-.wide strike, freight embargo, unusually severe weather or delay of subcontractor or supplies glue to such cause; provided that the party so disenabled shall within ten 10 j days front the. beginning of such delay notify the othez, party in writing of the causes of delay and its probable extent. Such notifi- cation shall not bethebasis for a claim for additional compensa- tion. 14 . Non-waiver. The Failure of the City to insist upon or enforce strict perfor- mance by Contractor of any of the terms of this "contract or to exec- cise any rights hereunder shall not be construed as a sva :Jen or rel in- � cluishrtent to any extent of its right to assert or rely upon such tennis or rights on any future occasion. .. 15. warranties. All works shall be guaranteed by the Contractor for a Period of one year after the date of final acceptance of tkze works by the Owner . 2` Contractor 'warrants that all practices and procedures, workmanship and materials shall be the best available +:anless' otherwise , fied in the profession. Neither acceptance .of the works nor payment therefor shall relieve Contractor from liability under warranties contine*d In or implied by this ;contract 16. Attorney`s_.k qes . bn case suit or- action is institaterd to enforce the provieAans Of this contract the pattfes ;agree that they losing party shall pay such sum as the= court mazy adjudge reasonable 3ttarney'ls fees and court costs 'including attorney ' - f'eey and court rc.�sts on appeal 5 C0N1'RA_..1' x . i7. �p.lic�ble Law. This contract will be governed by the laws of the State of Oregon. 13. Conflict Between Terms. It Is further expressly,sagreed by and between the parties hereto that should there .be any conflict between the terms of this instrument and, the proposal or the Contractor. , this instrument shall control and nothing herein shall be considered as an acceptance of the said terms Of said proposal conflicting herewith, 19, indemnification. Contractor agrees to indemnify and to hold 'harmless the City, its Officers, Employees and Agents against and from any and all loss, claims. actions, suits, including; costs and attorney's fees, ' for or on account sof, injury, ''bodily or otherwise, to, or death of persons, damage to or 'destruction of ;property belonging to City, Contractor or others, resulting fro6, arising out of or in any way> connected with Contractor's sole negligence. 20. Insurance. Prior to starting work hereunder, Contractor, at Cont'ractor's cast, shall secure and continue to carry during the term of this Contract, with an -insurance company acceptable: to City, the following insurance A. Public Liability and Property Damage insurance with limits of not less than 9500,000.00 for person injury, $500,000.00 for damage to property, 9500,000.00 comprehensive automobile, liability and $250,000.00 for broad Horn property damage coverage. Such insurance shall cover all risky arising directly or indirectly out of Contrac- tor's ontrac-for's activities or worn hereunder, including the. operations of its subcontractors of any 'tier. Such insurance shall include provisions or endorsements naming City, its Officers, Employees and Representa- tives as additional insureds, provisions that such insurance is pri- mary; insurance with respect to the interests of the City and that any other insurance maintained by City isexcess and not contributory insurance with the, insurance required hereunder; cross--.liability ;or severability of interest clause , and provisions that such policies shall not be cancelled or their limits of liability reduced without thirty (30) days prior notice to City. A copy of each insurance policy, certified as a true copy by an a:lthorized representative of the =issuing insurance company , or at the dlscretion of City, 9n liek' 6 - CONTRACT FORYR Ff:iS'I.i11AL E!?V 1 C,i - i o thereof, a certificate in farm satisfactory to city cer�tifgrizaa� to the issuance of such incur sce shall be furnished 20 City. B. Workmatx's compensation from the State Accident Insur� a c� urgd or from r spo i le .Frigate carrier. Private insurance shall providethe` scheduleoaf egalrayse benefits reqairetl by ias� n force C. �r PO fesasonal,than $500,00o.00 or f Liability insurance. The Contractor shall C ,have a rali.cy of professional Liability Insurance inn an of not insert other amount required -- The Contractor shall keep such policy in force and f ernt dur-t-11 "t-he term of this contract. D. Adequacy of ,Perfor ar..ce. Any insurance bearing tai: adequacy of performance -shall be maintained after completion of �dve project.' Should such insurance` be cancelled before the end of the rant ocu a period and the contractorgua fails iCa�i�dia�t�7s� tcaprocurerrsrachnpr insurance ce as spec f.f ied, the City reserves the right to t insurance and to charge the coat tltereof .to Maar oohtrac�ox. 21 Ccaar3.ee Awa ee��eat. This cOrtrabt and any referenced attac3attnsa�ta constitute the c�oluplets agreement between the City and Contractor and sugercedes all �t prior Written or ral discussions or agreements. ca X23 WITNESS WHEREOF, 4;,e City has caused this Agreemnt oto bpn-executed by its duly authorized undersigned o£ s ic ews, acting pursuant_ to �£ the it4ouncil, duly passed at the Regular Meeting held on the !U7"i'+ day of c h �w� 19 and the contractor has executed this Agreement on the date hereinabove first written. CITY OF TIGARO X; Date` - r �, CONTRACTOR By: ---- Date _ By: - - - -- - -- - _j T ;—CONTRACT FOR PROFESSIONAL SERVICES .. MUM ;f t l Phone: 639-4131 REAL ESTATE t BUILDING SERVICE 12525 S. W. Main Street Tigard, Oregon 97223 March 49 1986 �4 City of Tigard City Council ££ 12755 .SW .fah Ave. �s P.O." Box 23397 ` Tigard,, Ore. 97223 Re: Vacation gfS.W. 67th S.W. Clinton The above vacation (S.W. 67th) is under the jurisdiction of County of Washington zind there-fore we would lake the City of Tigard to refuud 0273.50 back to cash's Rlty so that we might make aDplication at ,the County level. .. Thauk ';scum _CASH'S RLTY Gerald C. Cac G -k ccs Iry Laroon