City Council Packet - 05/21/1990
CITY OF TIGARD
. ` OREGON
TIGARD CITY COUNCIL
STUDY MEETING
MAY 21,1990 6:30 PM A G E N D A
TIGARD CIVIC.CENTER
13125'`SW HALL BLVD
TIGARD, OREGON 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item
should sign on the appropriate sign-up sheet(s). If no sheet is
available, ask to be recognized by the Mayor at the beginning of
that agenda item. Visitor's Agenda items are asked to be two
minutes or less. Longer matters can be set for a future Agenda
by contacting either the Mayor or the City Administrator.
• STUDY SESSION (6:30 p.m.)
Chris Bowles of Unified Sewerage Agency (Discussion on proposed Surface Water
Management Agreement)
1. BUSINESS MEETING (7:30 p.m.)
1.1 Call to Order - Tigard City Council and Local Contract Review Board
1.2 Roll Call
1.3 Pledge of Allegiance
1.4 Call to Council and Staff for Non-Agenda Items
2. VISITOR'S AGENDA (Two Minutes or Less, Please)
3. 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:
3.1 Approve Council Minutes: April 23 and 30, 1990
3.2 Approve Surface Water Management Agreement with Unified Sewerage Agency and
Authorize Mayor and City Recorder to Sign
3.3 Local Contract Review Board: Award Bid for Video Inspection Unit to Telespector
Corporation
3.4 Support Proposed Modifications to the Tualatin 9-1-1 System and Initiate Appropriate
Planning Documents - Resolution No. 90- 2(~
4. TELECOMMUNICATIONS FRANCHISE ORDINANCE AMENDMENT -ORDINANCE NO.
90- /
5. REVISE TIGARD MUNICIPAL CODE TITLE 14, BUILDINGS AND CONSTRUCTION
(MOVING OF BUILDINGS) -ORDINANCE NO. 90-!=
6. REVISE TIGARD MUNICIPAL CODE TITLE 10, VEHICLES AND TRAFFIC (OVERSIZE
LOADS) -ORDINANCE NO. 90-rte?
COUNCIL AGENDA -MAY 21, 1990 -PAGE 1
7. NON-AGENDA ITEMS: From Council and Staff
8. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the
provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property
transactions, current and pending litigation issues.
9. ADJOURNMENT
cca521
COUNCIL AGENDA -MAY 21, 1990 -PAGE 2
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T I G A R D C I T Y C O U N C I L
MEETING MINUTES - MAY 21, 1990 - 6:30 PM
1. ROLL CALL: Present: Mayor Jerry Edwards; Councilors:
Carolyn Eadon, Valerie Johnson (arrived at 8:35 p.m.) Joe
Kasten, and John Schwartz. Staff Present: Patrick Reilly,
City Administrator; Wayne Lowry, Finance Director; Ed Murphy, '
Community Development Director; Liz Newton, Community
Relations Coordinator; Tim Ramis, City Attorney; Catherine 1
Wheatley, City Recorder; and Randy Wooley, City Engineer. i
2. STUDY SESSION
Discussion on Surface Water Management Agreement
s
Mr. Chris Bowles of Unified Sewerage Agency (USA) reviewed
two proposed Surface Water Management (SWM) agreements
presented for Council consideration (Consent Agenda Item t`
No. 2). In response to the mandated requirements to clean up
the Tualatin River, the City of Tigard has engaged in
discussions with USA to develop a County-wide SWM Program. s
i
One agreement provides for the surface water management as a
shared responsibility between USA and the City of Tigard.
The agreement also combines the sanitary sewer and surface
water management functions.
The second agreement establishes a "City Committee" comprised
of the cities of Tigard, Beaverton, Cornelius, Forest Grove,
Hillsboro, North Plains, Sherwood and Tualatin. The purpose
of the agreement is to establish a process to review matters
of common concern to the parties. It shall have the authority
to review and advise the Agency on the standards, regulations
and specifications, work programs, capital improvement
programs, rates and charges, long range planning, and other
matters covered by the Agreements for Sanitary Sewer and Storm
and Surface Water Management (Operating Agreements) with the
member cities.
There was Council discussion on revenue distribution. Mr.
Bowles explained cities would receive funds based on the size
of the city; i.e., the larger the city the more catch basins
the city would be required to maintain. He explained USA's
responsibility is to assure that mandated standards are met
County wide; therefore, they will work with cities to achieve
success with their individual programs. Mr. Bowles also
advised that the agreements could be amended to accommodate
concerns and resolve issues as the program is implemented.
CITY COUNCIL MEETING MINUTES - MAY 21, 1990 - PAGE 1
Mr. Bowles advised that the City of Beaverton recently
submitted language changes. City Administrator and City
Attorney also advised the City of Tigard would need additional
time to review the agreement. Staff recommended Council pull
the item for the Consent Agenda and reschedule it for the June
11, 1990 Council meeting.
In response to a question from Mr. Carl Johnson, Mr. Bowles
advised that USA would be involved in the approval process for
floodplain permits. USA would review for water quality and
quantity standards.
Aaenda Review
a. Council discussed Consent Agenda Item .4 which was the request
for Council support of proposed modifications to the Tualatin
9-1-1 system. Councilor Schwartz requested that this item be
considered separately in order for him declare that he would
not be voting on the issue. He advised that his wife was
employed by the agency involved.
b. Finance Director reviewed Agenda Item No. 4 the
telecommunications franchise ordinance amendment. He advised
that the Utility and Franchise Committee recommended an
increase in franchise fees to 5% for US West Direct and GTE.
Finance Director reviewed that this change was as a result of
House Bill 3000. He updated Council on the efforts of the
League of Oregon Cities which was currently holding hearings
to have 3% of the charge embedded in the rate. Estimated
increase to residents for the change effected by this
ordinance was $.48 a year. Many of the surrounding cities
were charging 7%. Finance Director noted the Franchise
Agreements for both companies would expire by 1993; the
Agreements would be renegotiated at that time.
C. Community Development Director reviewed Agenda Item Nos. 5 and
6. He noted that a $10 permit fee would be required for
issuance of a permit for moving of oversized loads.
SW North Dakota Traffic Update
City Engineer updated on efforts to resolve problems for S.W. North
Dakota Street in the Anton Park neighborhood; efforts included:
children being asked to wait for arrival of school bus in order to
cross the street safely; continued police patrols of the area;
review of possibility of installing buttons, striping travel lanes,
and designating turn lanes to slow traffic speed. (Engineer noted
volume of traffic would not be reduced until improvements to
Schools Ferry Road were completed.)
There was discussion on installation of stop signs at
intersections. Also discussed was a memorandum submitted by a
CITY COUNCIL MEETING MINUTES - MAY 21, 1990 - PAGE 2
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resident outlining suggestions by a traffic engineer. Council
consensus was that this issue merited separate study session
discussion and will be scheduled on an agenda in the near future. E
Request for Reimbursement of Sewer Costs
(Note: Councilor Schwartz was not present during the Study Session
discussion on this topic.)
Community Development Director reviewed this issue with Council
(please see memorandum dated 5/11/90 from Patrick J. Reilly, City
Administrator to Mayor and City Council). This issue concerned a
citizen request to the City for reimbursement of costs incurred in
extending the public sanitary sewer and requiring another property
owner to pay a sewer surcharge for not participating in the cost
of extending a public sewer. Staff attempted to resolve the issue
between the two owners involved with no success. Staff has no
i
authority to affect any refund for sewer extensions.
i
After review of the issue, council consensus was to not require
payment of any fees. This decision was based on the fact that this
situation occurred several years ago, and it would be inappropriate
to attempt to and collect fees at this time.
3
Senior Center Contract
j
Councilor Eadon and City Administrator reviewed proposed changes
to the Senior Center Agreement. Major revisions included the City
assuming responsibility for maintenance and utility (excluding }
telephone) costs. In return, the facility would be available for
City-wide use for meetings with the understanding that from 8 a.m.
to 5 p.m. the senior citizens would have priority.
There was lengthy discussion on costs associated with the Center
and the fact that seniors from areas outside the City utilize its
services. It was suggested that monitoring of users be done over
the next year to determine if a user fee could be established for
those persons who lived outside the city limits.
Council consensus was for approval of the agreement as outlined.
Council Calendar Items
a. Council Study Meeting (Goal Setting) - June 8 (6:30 - 10:00
p.m.) and June 9 (8 a.m. - 12:00 p.m.)
b. Traffic issues study session to be set. Council consensus was
to add the Tigard/Burnham connection.
C. Bond Park residents' park issue set for Council on June 11,
1990.
CITY COUNCIL MEETING MINUTES - MAY 21, 1990 - PAGE 3
(Business Meeting was called to order at 7:37 p.m.)
3. NON-AGENDA ITEMS
a. Presidents Parkway
Mayor Edwards announced that the Comprehensive Plan
Amendment for the area designated in the proposed
Presidents Parkway urban renewal area was scheduled for
a public hearing on August 13, 1990.
Repeal of the Presidents Parkway Council action
concerning the Development Plan was scheduled for the
June 11, 1990, City Council meeting.
4. VISITOR'S AGENDA
a. Debbie Johnson, 11100 SW Tony Court, Tigard, OR, of the
Anton Park neighborhood signed in to testify on traffic
problems on S.W. North Dakota. Mayor advised Ms. Johnson
of the Council's decision to study this issue at a work
session. Staff was directed to notify Ms. Johnson of the
meeting when the date and time were established.
b. Jane Hunt, 11105 SW 103rd Place, Tigard, OR, also of the
Anton Park neighborhood, advised she had heard of a
recent Planning Commission decision to close a street on
109th and Naeve. She noted here interest in this
situation as it closely resembled the problems in her
neighborhood. Mayor advised this decision was called up
for council review (public hearing) at their June 25,
1990 meeting. Staff was directed to send notification
to Anton Park representatives of this meeting.
C. Cal Woolery, 12356 SW 132nd Court, Tigard, OR, proposed
that with recent developments on 135th/Walnut and on Bull
Mountain, portions of S.W. 135th would be improved as
conditions of development. He advised that once these
developments were in place that about 175 feet of 135th
would remain unimproved. He suggested Council review
this situation to avoid having a small section of
unimproved roadway. After reviewing Mr. Woolery's
testimony, Council asked staff to research the issue and
report their findings to council.
d. John Blomgren, 9460 SW Oak Street, Tigard, OR 97223,
advised that he was a member of the Keep Tigard Livable
Political Action Committee. He asked when the
Comprehensive Plan Amendment (approved by Council in
conjunction with the Presidents Parkway urban renewal
proposal) would be reviewed. Mayor advised that a public
hearing on the CPA action for this area would be held
CITY COUNCIL MEETING MINUTES - MAY 21, 1990 - PAGE 4
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August 13, 1990. Yr. Blomgren expressed concern that
development might -.:ake place before this issue was heard
and asked why it would take that long to schedule the
hearing.
City Attorney explained the provisions set forth in the
CPA state that a hearing was to be held within 90 days
of the date of the decision disapproving the development
Plan; therefore, when voters "disapproved" the
Development Plan on May 15, 1990, the 90-day time period
for setting a public hearing starts from the election
date.
With regard to Mr. Blomgren's concern that development
could start in the area prior to the hearing, city
Administrator advised that no development could take
place without approval of the Master Plan for the area.
(Note: Sylvia Clark and Anthony Bonforte signed in to testify;
however, they declined to speak at this time.)
5. CONSENT AGENDA:
5.1 Approve Council Minutes: April 23 and 30, 1990
5.2 SET OVER TO 6/11/90 - Approve Surface Water Management
Agreement with Unified Sewerage Agency and Authorize
Mayor and City Recorder to Sign
5.3 Local Contract Review Board: Award Bid for Video
Inspection Unit to Telespector Corporation
5.4 Support Proposed Modifications to the Tualatin 9-1-1
System and Initiate Appropriate Planning Documents -
Resolution No. 90-26.
Motion by Councilor Eadon, seconded by Councilor Kasten, to
approve Consent Agenda Item Nos .1 and .3.
The motion was approved by unanimous vote of Council present.
Motion by Councilor Kasten, seconded by Councilor Eadon, to
approve Item .4. The motion was approved by a vote of 3-0-1;
Councilor Schwartz abstained from voting, noting that his wife
was employed by the agency involved in this issue.
6. TELECOMMUNICATIONS FRANCHISE ORDINANCE AMENDMENT
a. Finance Director reviewed this item with Council.
Chapter 484 of Oregon law enacted in June 1989 redefines
"gross revenues" upon which the City's franchise fee is
computed. This, in effect, lowers the base upon which
the telephone franchise is computed and therefore, lowers
the revenue the City receives from telecommunications
franchises. The Council must amend the franchise
CITY COUNCIL MEETING MINUTES - MAY 21, 1990 - PAGE 5
agreement to incorporate this definition and the Council
must determine the rate that will apply to the newly
defined "gross revenues." The rate may not exceed seven
percent of gross revenues.
b. The Utility and Franchise committee recommended that all
franchise rates be raised to five percent from their
current levels. In addition to the rate and the
definition of gross revenues, utility companies are now
allowed to show the franchise fee as a separate item on
a customer's bill. Mr. Dave Overstreet from GTE advised
Council that a bill insert will accompany their
customers' statements explaining these changes.
C. Staff recommended approval of both ordinances as
proposed.
d. ORDINANCE NO. 90-15, AN ORDINANCE AMENDING ORDINANCE 73-
23 WHICH GRANTED TO PACIFIC NORTHWEST BELL TELEPHONE
COMPANY, A FRANCHISE SUBJECT TO CERTAIN TERMS AND
CONDITIONS, TO CONDUCT A GENERAL TELEPHONE BUSINESS
WITHIN THE CITY OF TIGARD.
ORDINANCE NO. 90-16, AN ORDINANCE AMENDING ORDINANCE 82-
12 WHICH GRANTED TO GENERAL TELEPHONE COMPANY OF THE
NORTHWEST, A FRANCHISE SUBJECT TO CERTAIN TERMS AND
CONDITIONS, TO CONDUCT A GENERAL TELEPHONE BUSINESS
WITHIN THE CITY OF TIGARD.
Motion by Councilor Schwartz, seconded by Councilor
Kasten, to approve Ordinance Nos. 90-15 and 90-16.
The motion was approved by unanimous vote of Council
present.
(Note: The following two agenda items were combined for Council
consideration.)
7. REVISED TIGARD MUNICIPAL CODE TITLE 14. BUILDINGS AND
CONSTRUCTION (MOVING OF BUILDING).
REVISED TIGARD MUNICIPAL CODE TITLE 10. VEHICLES AND TRAFFIC
(OVERSIZE LOADS).
a. Community Development Director and Building Inspector
reviewed this information with Council. The present
Title 14, Chapter 14.20, Moving of Buildings, was
cumbersome, inefficient, and did not provide for all the
necessary safeguards in regulations to protect the public
and City. The proposed revised Title 14, Chapter 14.20,
provides for efficient service, protection, and safety
to the public and City. The staff recommended the
CITY COUNCIL MEETING MINUTES - MAY 21, 1990 - PAGE 6
approval of the proposed ordinance adopting Chapter
14.20, Moving of Buildings, as part of TMC Title 14,
Building Codes Ordinance.
b. The City does not presently have an ordinance that
regulates the moving of oversize loads (buildings, tanks,
and structures in excess of eight feet wide or 14 feet
in height or 50 feet in length, pursuant to ORS 818.080)
upon or across City roads. The proposed Title 10,
Chapter 10.50 provides regulations for the safety and
welfare of the public and City. Staff recommended
approval of the proposed ordinance adopting Chapter
10.50, "moving of oversize loads" as part of Title 10.
c. The following two ordinances were read by number and
title for Council consideration:
ORDINANCE NO. 90-17, AN ORDINANCE REPEALING CERTAIN
SECTIONS OF TITLE 14 OF THE TIGARD MUNICIPAL CODE AND
REPLACING THEM BY ADOPTING RULES FOR THE MOVING OF
BUILDING
ORDINANCE NO. 90-18, AN ORDINANCE AMENDING TITLE 10 OF
THE TIGARD MUNICIPAL CODE ADOPTING RULES FOR THE MOVING
OF OVERSIZE LOADS
d. Motion by Councilor Eadon, seconded by Councilor Kasten,
to approve Ordinance Nos. 90-17 and 90-18.
The motion was approved by unanimous vote of Council
present.
8. NON-AGENDA ITEMS
a. City Engineer reviewed the following with Council:
Improvements to S.W. Walnut Street are authorized under
the Major Streets Traffic Safety Improvement Bond.
Negotiations were in progress for the right-of-way and
easements needed for the project. In the event that
legal action may be required to acquire this right-of-
way, a formal resolution was necessary. Staff
recommended council pass the attached resolution
authorizing the staff and City Attorney to acquire
necessary right-of-way.
b. City Engineer further advised that improvements to S.W.
Durham were authorized under the Major Streets Traffic
Safety Improvement Bond. Negotiations were in progress
for the right-of-way and easements needed for the
project. In the event that legal action may be required
to acquire this right-of-way, a formal resolution was
necessary. Staff recommended council pass the proposed
C, CITY COUNCIL MEETING MINUTES - MAY 21, 1990 - PAGE 7
T resolution authorizing the staff and City Attorney to
acquire necessary right-of-way.
C. Mayor called for the reading of both resolutions:
RESOLUTION NO. 90-27, A RESOLUTION DECLARING THE
NECESSITY AND PURPOSE FOR THE ACQUISITION OF CERTAIN REAL
PROPERTY FOR THE CONSTRUCTION OF STREET IMPROVEMENTS ON
S.W. WALNUT STREET AND THE FULL USE AND ENJOYMENT BY THE
PUBLIC OF SUCH IMPROVEMENTS, AND AUTHORIZING THE
CONDEMNATION OF SAID REAL PROPERTY.
RESOLUTION NO. 90-28, A RESOLUTION DECLARING THE
NECESSITY AND PURPOSE FOR THE ACQUISITION OF CERTAIN REAL
PROPERTY FOR THE CONSTRUCTION OF STREET IMPROVEMENTS ON
S.W. DURHAM STREET AND THE FULL USE AND ENJOYMENT BY THE
PUBLIC OF SUCH IMPROVEMENTS, AND AUTHORIZING THE
CONDEMNATION OF SAID REAL PROPERTY.
Motion by Councilor Kasten, seconded by Councilor Eadon,
to approve Resolution Nos. 90-27 and 90-28.
The motion was approved by unanimous vote of Council
present.
9. EXECUTIVE SESSION The Tigard City Council went into Executive
Session at 8:40 p.m. under the provisions of ORS 192.660 (1)
(d), (e), & (h) to discuss labor relations, real property
transactions, current and pending litigation issues.
10. ADJOURNMENT: 8:58 p.m.
Catherine Wheatley, City Recorddr
ATTES
rald R. Edwards, Mayor _
Date •
CCM521
CITY COUNCIL MEETING MINUTES - MAY 21, 1990 - PAGE 8
RECEIVED TIMES PUBLISHING COMPANY . Legal 7569
P.O. BOX 370 PHONE (503) 684-0360 Notice
MAY 2'41990 BEAVERTON, OREGON 97075 e~A~
CITY OF nsulo Legal Notice Advertising
a City of Tigard • ❑ Tearsheet Notice
• PO Box 23397 • ❑ Duplicate Affidavit
Tigard, Or 97223 t ti, f
AFFIDAVIT OF PUBLICATION N~
-Az
STATE OF OREGON, ) z T a . ~w
COUNTY OF WASHINGTON, )ss.
Judith Koehler ,q oq Fr o: rx
being first duly sworn, depose and say that I am the Advertising a-`, ~e %a< t
Director, or his principal clerk, of the Ti 9and Times f 7'
t p~
h' Fn; CL ins
a newspaper of general circulation as defined in ORS 193.010 I-• ° g
and 193.020; published at Tigard in the
aforesaid county and state; that the
Notice of Cty Council Meeting o loo o'
a printed copy of which is hereto annexed, was published in the °qy
entire issue of said newspaper for One successive an
d
consecutive in the following issues:
yy~ Alio,.yy fey ,
May 17, 1990 N c~
"W tic 0"
Subscribed and sworn t before me this 17th day of Ma 1996
Notary Public for Oregon
My Commission xpires: 6/9/93
AFFIDAVIT
CITY OF TIGARD, ORUGON
AOL- AFFIDAVIT OF POSTING
In the Matter of the Proposed
~/L~i i2CcnGe /Vos.
STATE OF OREGON )
County of Washington ) ss
City of Tigard )
begin first duly sworn, on
oath, depos4V and say:
That I posted in the following public and conspicuous places, a copy of
Ordinance Ntunber(s) FO-1,5. Clo-17 a.nd Qo- /8
which were adopted at the council Meeting dated -M a
copy(s) of said ordinance(s) being hereto attached and ] reference made a part
hereof, on the Q55 date of~ ( 1990.
1. Tigard Civic Center, 13125 SW Hall Blvd., Tigard, Oregon
2. US National'•Bank, Corner of Main and Scoffins, Tigard, Oregon
3. Safeway Store, Tigard Plaza, SW Hall Blvd., Tigard, Oregon
4. A3bertson's Store, Corner of Pacific Hwy. ( State Hwy. 99) and
SW Durham Road, Tigard, Oregon
Subscribed and sworn to before me this date of , 19.
w„ n t.L
Notary Public for Oregon
ryr , y rsf
My Commission Expires:
.
ke~~WPOST ~INN"
CITY OF TIGARD, ORBI
ORDINANCE NO. 90-ILL
AN ORDINANCE AMENDING ORDINANCE 73-23 MUCH GRANTED TO PACIFIC NORJHWEST BELL
TELEPHONE COMPANY A FRANCHISE SUBJECT' TO CERTAIN TERMS AND CONDITIONS TO
CONDUCT A GENERAL TELEPHONE BUSINESS WITHIN' THE CITY OF TIGARD.
WHEREAS, the City of Tigard entered into a franchise agreement with pacific
Northwest Bell with Ordinance 73-23 dated July 23, 1973, which set forth
certain terms and conditions which were agreed to by both parties, and
WHEREAS, Chapter 484 of the Oregon Revised Statutes which becomes effective
July 1, 1990 affects certain terms and conditions of the aforementioned
franchise agreement, and
WHEREAS, the City Council desires to comply with the Oregon Revised statutes in
its franchise agreements,
NOW, THEREFORE be it resolved by the Tigard City Council:
Section The.' following sections of Ordinance 73-23 . are hereby, amended .as-.
followse
Section 10•
[(b) In consideration of the rights, privileges and
franchise hereby granted, said Grantee, Pacific Northwest Bell
Telephone Company, its successors and assigns, shall pay to the
City of Tigard, from and after the date of acceptance of this
franchise, and until its expiration, annually, three percent (3%)
per annum of its gross local service revenues derived from services
within the corporate limits of the city, less net uncollectible
and revenue paid directly by the United States of America or any of
its agencies. The reasonable value of any utility service or the
use of any Company facilities used or reserved for use by the City
without charge shall be credited toward any payment due the City
under this provision.
Payment of said 3% shall be made on or before the 15th
day of March of each and every year for the calendar year
preceding, with the exception that in the year 1974 payment shall
be made only for the period earn encing on the date this franchise
becomes effective and ending December 31, 1973; and such 3% payment
will be accepted by the City from the Company also in payment of
any license, privilege or occupation tax or fee for revenue or
regulation, or any permit fees or similar charges for street
opening, installations, construction or for any other purpose now
or hereafter to be imposed by the City upon the Company during the
term of this franchise.]
Ordinance No. 90- 1J
Page 1
s
(b) in consideration of the rights, privileges, and
franchise hereby granted said Grantee Pacific Northwest Bell
Telephone many its successors and assigns, shall pay to the
City of Tigard from and after the effective date of the amerbimt
to this franchise and until June 30, 1990, annually, three percent
(U) per annum of its cross local service revenues derived from
services within the corporate limits of the City of Tigard less net
uncollectible and revenue paid directly to the Grantee by the f
United States of America or any of its agencies. Effective July 1,
1990, and until the franchise's expiration said Grantee shall pay
to the City of Tigard annually five percent (5%) of its gross
revenues derived from exdbange access services as defined in ORS
401.73-0. within the corporate limits of the City of Tigard less net
uncollectible The reasonable value of any utilitv service or the
use of any Grantee facilities used or reserved for use by the City
without Grantee's prescribed charges shall be credited toward any
payment due the City under this provision. Payment of this
fraTrhi~ fee shall be made semiannually on or before the fifteenth
day of March and September of each and every year for the one half
calendar year ending December 31, and June 30 respectively. For
the year 1990 payment of said three percent (3%) shall be made
only for the period January 1 1990 to June 30, 1990 and payment of
said five percent (5%) shall be made for the period July 1, 1990 to
December 31, 1990.
Passed: By the council, by unanimous vote of all Councij members present after
being read by number and title only, this day of -MILI.
1990.
F~ecorder - City of Tigard
the Mayor, thday ofr~ 1990
Mayor City of Tigard
APPROVED AS TO r~Jt/~~^~►
GUy Attorney
of/WLAM END
N: \WORD\F IMNCE
C I
Ordinance No. 90-
Page 2
WN" CITY OF TIGARD, OREGON
' ORDINANCE NO. 90_ V.
AN ORDINANCE AMENDING ORDINANCE 82-12 WHICH GRANTED TO GENERAL TELEPHONE COMPANY
OF THE NORMCST, A FRANCHISE SUWECr TO CERTAIN TERMS AND CONDITIONS, TO CONDUCT
A GENERAL TEIMIONE BUSINESS WITHIN THE CITY OF TIGARD.
WHEREAS, the City of Tigard entered into a franchise agreement with General
Telephone Coanpany of the Northwest with Ordinance 82-12 dated March 8, 1982, which
set forth in Exhibit "A" the terms and conditions of the aforementioned franchise
agreement, and
WHEREAS, Chapter 484 of the Oregon Revised Statutes which becomes effective
July 1, 1990 affects certain terms and conditions of the aforementioned franchise
agreement, and
WBEREAS, the City Council desires to comply with the Oregon Revised Statutes in
its franchise agreements,
NOW, ZMORE be it'resolved by•the.Tigard City Council:
Section 1: Section 7, paragraph 2 of Ordinance 82-12 Exhibit "A" is hereby .
amended as follows:
As further consideration Grantee agrees to pay to City [3% (three percent) of the
gross annual revenue for local exchange service rendered subscriber within the
city limits, such revenue to be determined in accordance with the lawful rates and
rate groupings applicable to the exchange, exclusive of extended area service] 5%
(five percent) of the aross revenues derived from exchange access services as .
defined in ORS 401.710 within the City limits being on July 1 1990. Such
payments shall be made by Grantee on or before March 15 or each year for the
calendar year preceding and the first and last payments shall be for the
fractional part of the calendar year, during which this franchise is in effect.
Passed: By the Council, by unanimous vote of all Council members present after
being read by number and title only, this, / day of
1990.
Recorder - City of Tighrd
/ by t1e Mayor, j
day of 1990
Ma - ity of Tigard
i
APPROVED AS TO FORM 1'%~^^' `,V' t; t
CCi~ty Attorney
of/WLAMEND\N:\WORD\/FINANCE
. ORDINANCE NO. 90- 1CG
Page 1
x
e-
CITY OF TIGARD, OREGON
C ORDINANCE NO. 90-__L2_
AN ORDINANCE REPEALING CERTAIN SECTIONS OF TITLE 14 OF THE TIGARD MUNICIPAL
CODE AND REPLACING THEM BY ADOPTING RULES FOR THE MOVING OF BUILDINGS.
WHEREAS, Tigard Municipal Code Title 14, "Buildings and Construction", provides
regulations for the moving of buildings;
WHEREAS, Tigard Municipal Code Title 14, is in certain respects incomplete and
unduly burdensome;
E'
WHEREAS, the City Council desires to provide for the enforcement of its F
ordinances regulating moving of buildings;
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1. Title 14, Chapter 14.20 is repealed and replaced with the attached
Exhibit "A". i
Section 2. This ordinance shall be effective 30 days after its passage by the
Council,.. approval, by ;the.Mayor; and posting by- the•.City .Recorder.
PASSED: BY (M0A iMOUS vote of all Council members present after being read
by number and title only, this _28-f• . day of 1990.
Cathy Wheatley, Bepcty City Recor er
APPROVED: This~day of ,199
erald . Edwards, Mayor
Approved as to form: ,
Date City Attorney
ORDINANCE NO.
.
Chanter 14.20
MOVING OF BUILDINGS
Sections:
14.20.010 Title
14.20.020 Definitions
14.20.030 Permit Required
14.20.040 Permit Application Fee
14.20.050 Plans Required for Permit
14.20.060 Protection of Public or Private Property and Utilities
14.20.070 Performance Bond
14.20.080 Permit Issuance Conditions
24.20.090 Permit Revocation
14.20.100 Liability
14.20.110 Cleanup
14.20.120 Violation Penalty
14.20.010 Title
A. - This chapter shall. be known as the "moving of buildings ordinance"
and may.also - be' referred. to herein as-"this chapter. (Ord: 86-53.
S.6(Exhibit E S.1), 1986).
14.20.020 Definitions
t` A. For the purposes of this chapter, the following mean:
1. Building. "Building" means a building that exceeds 8 feet in
width, or as loaded for moving, extends upward more than 14 feet
from the ground, or exceeds 50 feet in length pursuant to ORS
818.080 ;
2. Building Official. "Building official" means the designee or
designees appointed by the director of community development who
is responsible for the building inspections and enforcement of
the building code;
3. City Engineer. "City Engineer" means the city engineer or the
city engineer's designee responsible for enforcing this chapter;
4. Street. "Street" means any highway, road, street, or alley as
defined in ORS 487.005(1) and (8). (Ord. 86-53 S.6(Exhibit E
S.2), 1986).
14.20.030 Permit Required
A. No person shall move any building within or into the city, to be
placed on a lot, without first applying for and obtaining a permit
under this chapter.
B. No person shall move a building across or along a public street or
way without first obtaining a permit to move an oversize load as
( regulated in Chapter 10.50.
1 PROPOSED REVISION TO CHAPTER 14.20 Page 1
14.20.040 Permit Application--Fee
A. Application for a permit to move a building on or onto a lot shall be
made to the building official on forms provided by the building
official and shall include the following information:
1. The name and address of a person who owns the building;
2. The name and address of a person engaged to move the building;
3. The location from which the building is proposed to be moved;
4. The proposed new site of the building and its zoning
classification;
5. The dimensions, type of construction, and approximate age of the
building;
6. The use or purpose for which the building was designed;
7. The use or purpose to be made of the building at its new
location;
8. The proposed moving date and hours of moving;
9. Any additional information the building official considers
necessary for a fair determination of whether the permit should
be issued.
B. In situations where the city's design review standards apply, the
applicant shall also make application and submit all necessary
information for design review approval.
C. An application shall be signed by the owner of the building to be
moved or by the person engaged to move the building.
D. The permit shall not be issued until the applicant pays a permit fee
to defray the costs of issuing the permit. The amount of the fee
shall be set pursuant to the State Building Code fee schedule. (Ord.
86-53 S.6(Exhibit E S.4), 1986).
E. All other applicable development fees and charges shall be paid prior
to issuance of the permit.
14.20.050 Plans Reauired for Permit
A. A minimum of two sets of plans shall be submitted with each
application for a building permit. The plans shall be drawn to scale
and shall indicate the location, nature, and extent of the work
proposed and show in detail that it will conform to the provision of
the building code and other relevant laws, ordinances, and
regulations.
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PROPOSED REVISION TO CHAPTER 14.20 Page 2
MOO
_14.20.060 Protection of Public and Private Property and Utilities
A. The issuance of a permit to move a building is not an approval to
remove, alter, interfere, or endanger any public or private property
or utility without first having obtained in writing, the permission
of the property owner(s), utility, or public entity to do so.
B. The applicant shall have made arrangements to the satisfaction of the
owner(s), utility, or public entity for protecting the installations
or property, paying for whatever damage the moving causes them, and
for reimbursing the owner(s), utility, or public entity for any costs
of removal and reinstallation of the property that the move
necessitates.
14.20.070 Performance Assurance
A. Performance assurance shall be furnished to the City in the form of a
bond executed by the applicant with a surety company authorized to do
business in this State and approved as to form and amount by the
building official, or a cash deposit with the City in an amount
approved by the building official. The performance assurance shall
guarantee that the applicant shall:
1. Within three -months ' after the building has been moved onto the
property, have it placed and anchored on a permanent foundation
system, and within six months of moving the building onto the
property, have all construction on the building completed and
ready for occupancy in accordance with building and zoning
regulations.
B. Failure to comply with subsection (A) of this section will result in
forfeiture of the bond or cash deposit, and the City will use said
funds to complete whatever work is necessary to bring the building
into conformance with applicable codes. Should there be insufficient
funds to complete the work necessary, to bring the building into
conformance with applicable codes, and the building official
determines the building is a dangerous building as described in
Chapter 14.16, the building official may choose to demolish the
building to abate the violation.
C. The building official may extend the completion date up to an
additional six months, where the applicant has requested an extension
in writing, and the building official determines there is due cause
for granting the request, and no hazard exists.
D. No building shall be moved on or onto a lot in the city for the
purpose of storage of the building.
14.20.080 Permit Issuance Conditions
A. The building official shall issue the permit subject to any necessary
conditions if:
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PROPOSED REVISION TO CHAPTER 14.20 Page 3
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1. The application complies with the requirements of this chapter;
2. The moving can be accomplished without damage to property or, in
case of damage to the property, it is consented to by the owner
of the property or is to be paid for to the owner's satisfaction;
3. The building at its new site, will conform to the requirements of
the community development code;
4. All requirements of the building code ordinance (chapter 14.04 of
this code) have been complied with. (Ord. 86-53 S.6(Exhibit E
S.8), 1986).
14.20.090 Permit Revocation
A. The building official may refuse to issue a permit or may revoke a
permit issued under this chapter if:
1. The permittee violates or cannot meet a requirement of the permit
or a section of this chapter; or
2... Grounds, such. as a misstatement of fact exist for revocation,
suspbnsion;.or refusal to issue the-permit.
14.20.100 Lability
A. The permit shall not constitute an authorization for damaging
property. The permit shall not constitute a defense against any
liability the permittee incurs for personal injury or property damage
caused by the moving. (Ord. 86-53 S.6(Exhibit E S.10), 1986).
14.20.110 Cleanup
A. A person moving a building under a permit authorized by this chapter
shall promptly remove from the public streets and private property
all litter produced by the moving. (Ord. 86-53 S.6(Exhibit E S.13),
1986).
14.20.120 Violation--Penalty
A. - Violation of this chapter shall constitute a Class I civil infraction
and shall be processed in accordance with the civil infractions
ordinance, codified in chapter 1.16 of this code. (Ord. 86-53
S.6(Exhibit E S.16), 1986).
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PROPOSED REVISION TO CHAPTER 14.20 Page 4
14.16.070
14.16.070 Violation--Abatement--Penalty. (a) Abate-
ment. A dangerous building may be abated in the manner
provided by the civil infractions ordinance, codified in
Chapter 1.16 of this code.
(b) Penalty.
(1) Each violation of a separate provision of this
chapter shall constitute a separate Class 1 infraction, and
each day that a violation of this chapter is committed or
permitted to continue shall constitute a separate Class 1
infraction.
(2) A finding of a violation of this chapter and
imposition of a civil penalty pursuant to the civil
infractions ordinance (Chapter 1.16 of this code) shall not
relieve the responsible party of the duty to abate the
violation. A civil penalty imposed pursuant to this section
is in addition to and not in lieu of any other remedies
available to the city.
(3) If a provision of this chapter is violated by a
firm or corporation, the officer or officers, or person or
persons responsible for the violation shall be subject to'
the penalties imposed by *this section.-• (Ord. 86=53
§5(Exhibit D §7), 1986)
Chapter 14.20
MOVING OF BUILDINGS
Sections;
14.20.010 Title.
14.20.020 Definitions.
14.20.030 Permit required.
14.20.040 Permit application--Fee.
14.20.050 Permit application--Distribution and
inspections.
14.20.060 Utility installation protection.
14.20.070 Performance bond.
14.20.080 Permit issuance conditions.
14.20.090 Permit contents.
14.20.100 Permit revocation.
14.20.110 Liability.
14.20.120 Protection of streets and property.
14.20.130 Project to continue uninterrupted.
14.20.140 Cleanup.
14.20.150 State highway use.
14.20.160 Violation--Penalty.
b"
1:.
180 (Tigard 11/15/86) j.
t
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14.20.010--14.20.040
A-) 14.20.010 Title. This chapter shall be known as the
"moving of buildings ordinance" and may also be referred to
herein as "this chapter." (Ord. 86-53 §6(Exhibit E §1),
1986)
14.20.020 Definitions. For the purposes of this
chapter, the following mean:
(1) Building. "Building" means a building that ex-
ceeds eight feet in width, or as loaded for moving, extends
upward more than 13.5 feet from the ground.
(2) Building Official. "Building official" means the
designee or designees appointed by the director of community
development who is responsible for the building inspections
and enforcement of the building code.
(3) City Engineer. "City engineer" means the city
engineer or the city engineer's designee responsible for
enforcing this chapter.
(4) Street. "Street" means any highway, road, street
or alley as defined in ORS 487.005(1) and (8). (Ord. 86-53
56-(Exhibit E §2) 1986)
14.20.030 Permit required- (a) No person shall move
a building across or along a street without first applying
for and obtaining a permit under this chapter.
(b) No person shall move a building across or along a
street in violation of a provision of this chapter or of the
provisions of the permit issued under this chapter. (Ord.
86-53 §6 (Exhibit E §3), 1986)
14.20.040 Permit application--Fee. (a) Application
for a permit to move a building shall be made to the
building official on forms provided by the building official
and shall include the following information:
(1) The name and address of a person who owns the
building;
(2) The name and address of a person engaged to
move the building;
(3) The location from which the building is
proposed to be moved and its zoning classification;
(4) The proposed new site of the building and its
zoning classification;
(5) The proposed route for moving the building;
(6) The dimensions, type of construction and
approximate age of the building;
(7) The use or purpose for which the building was
designed;
(8) The use or purpose to be made of the building
at its new location;
(9) The proposed moving date and hours of moving;
(10) Any additional information the building
official considers necessary for a fair determination of
whether the permit should issue.
1 `
181 (Tigard 11/15/86)
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Jill
14.20.050--14.20.070
(b) In situations where the city's design review
standards apply, the applicant shall also make application
and submit all necessay information for design review
approval.
(c) An application shall be signed by the owner of the
building to be moved or by the person engaged to move the
building.
(d) The permit shall not be issued until the applicant
pays a permit fee to defray the costs of issuing the permit.
The amount of the fee shall be set pursuant to the State
Building Code fee schedule. (Ord. 86-53 §6(Exhibit E §4),
1986)
14.20.050 Permit application--Distribution and
inspections. After receiving the application, the building
official shall:
(1) Inspect the building, the new site proposed for
it, if it is to be relocated within the city, and the route
proposed for moving it;
.(2) Submit. a copy of the application to the.. chief, of
police'-and city engineer and-request the chief..of -police and
city engineer to review the application -for approval. (Ord.
86-53 §6(Exhibit E §5), 1986)
14.20.060 Utility installation protection. The permit
shall not be issued unles- the applicant submits signed
statements from the owners of the overhead electric wires
and poles and other overhead utility installations along the
route on which the building is to be moved that:
(1) The moving will not interfere with or endanger the
installations; or
(2) The applicant has made arrangements to the
satisfaction of the owners for protecting the installations,
paying for whatever damage the moving causes them, and for
reimbursing the owners for any costs of removal and
reinstallation of the installations that the moving
necessitates. (Ord. 86-53 §6(Exhibit E §6), 1986)
14.20.070 Performance bond. The permit shall not be
issued until the applicant furnishes the city a performance
bond executed by the applicant with a surety company
authorized to do business in this state and approved as to
form and amount by the city engineer. The bond shall
guarantee that the applicant will:
(1) Conform to all requirements imposed by the city
relating to the moving of the building;
(2) Promptly repair to the satisfaction of the city
any damage to pavement, sidewalks, hydrants, sewers, water
lines, streets, alleys, or other public or private property
done or caused by the applicant, the applicant's servants or
employees in moving the building; and
;l
182 (Tigard 11/15/86)
14.20.080--14.20.110
AffP
i.
(3) Within three months after the permit is granted,
if the relocated building will be relocated within the city
limits, have the relocated building ready for occupancy and
use in accordance with the building and zoning regulations
of the city in effect at the time the permit is issued.
(Ord. 86-53 §6(Exhibit E 97), 1986)
14.20.080 Permit issuance conditions. The building
official shall issue the permit subject to any necessary
conditions if:
(1) The application complies with the requirements of
this chapter;
(2) The moving can be accomplished without damage to
property or, in case of damage to the property, it is
consented to by the owner of the property or is to be paid
for to the owner's satisfaction;
(3) The building at its new site, if within the city,
will conform to the requirements of the community develop-
ment code;
(4) All requirements of the building code ordinance
(Chapter 14•.04 of this--code). have' •been: complied. with.: --(Ord:
.86-53 56(Exhibit E §8), 1986)
14.20.090 Permit contents. The permit shall specify:
r C (1) The route for moving the building;
CC (2) The dates and times within which the moving is to
be completed; and
(3) Whatever additional.conditions the city engineer,
building official, or chief of police considers necessary to
satisfy ordinance requirements, to minimize the obstruction
of traffic to protect property, and to protect the public
safety and welfare. (Ord. 86-53 56(Exhibit E §9), 1986)
14.20.100 Permit revocation. (a)' The building
official may refuse to issue a permit or may revoke a permit
issued under this chapter if:
(1) The permittee violates or cannot meet a
requirement of the permit or a section of this chapter; or
(2) Grounds, such as a misstatement of fact exist
for revocation, suspension or refusal to issue the permit.
(b) An appeal of a refusal by the building official to
issue a permit shall be processed in the same fashion as
provided in Section 14.04.080 of this code. (Ord. 86-53
§6(Exhibit E §15), 1986)
14.20.110 Liability. The permit shall not consitute
an authorization for damaging property. The permit shall
not constitute a defense against any liability the permittee
incurs for personal injury or property damage caused by the
moving. (Ord. 86-53 §6(Exhibit E §10), 1986)
183 (Tigard 11/15/86)
14.20.120--14.20.160.
' 14.20_120 Protection of streets and property. Equip-
ment used to move buildings along or across the public
streets of the city shall be equipped with pneumatic tires,
which shall be the only part of the equipment to come in i
contact with the surfaces of the streets, except planking as
required by the city engineer. The city engineer may re-
quire the permittee to proceed on planking of specified di-
mensions when the city engineer considers the planking nec-
essary to prevent damage to a public street or other proper-
ty. (Ord. 86-53 56(Exhibit E §11), 1986)
14.20.130 Project to continue uninterrupted. Once a
building has been moved onto-a public street under a permit
authorized by this chapter, the person moving the building
shall continue with the moving project without interruption
until it is completed, except as the permit for the moving
or the building official specifically allows to the con-
trary. (Ord. 86-53 §6(Exhibit E §12), 1986)
i
14..20.140 Cleanup. A-person moving a building under a
permit authorized by • this 'chapter shall • .promptly'' remove : from •
the public streets and private property all litter produced
by the moving. (Ord. 86-53 §6(Exhibit E §13), 1986)
14.20.150 State highway use. The building offical may t
( waive any of the requirements of this chapter regarding
`j- buildings to be moved through the city upon a state highway
from and to points outside the city limits if:
(1) Movement will be made pursuant to a permit issued
by the appropriate state agency;
(2) Notice of the proposed movement and a copy of the
permit is submitted to the building official before the
movement; and
(3) The building official is satisfied that adequate
precautions have been taken to protect the public safety and
welfare. (Ord. 86-53 §6(Exhibit E §14), 1986)
14.20.160 Violation--Penalty. Violation of this
chapter shall constitute a Class 1 civil infraction and
shall be processed in accordance with the civil infractions
ordinance, Chapter 1.16 of this code. (Ord. 86-53 §6(Exhibit
E §16), 1986)
184 (Tigard 11/15186)
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CITY OF TIGARD, OREGON
ORDINANCE NO. 90-~_
AN ORDINANCE AMENDING TITLE 10 OF THE TIGARD MUNICIPAL CODE ADOPTING RULES FOR
THE MOVING OF OVERSIZE LOADS.
WHEREAS, Tigard Municipal Code Title 10, "Vehicles and Traffic", provides
regulations for the use of City streets;
WHEREAS, Tigard Municipal Code Title 10 is in certain respects, incomplete
with regard to moving of oversize loads upon and across city streets;
WHEREAS, the City Council desires to provide regulations for the moving of
oversize loads;
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1. The attached Exhibit "A" Chapter 10.50, is adopted and made part of
the Tigard Municipal Code Title 10.
Section 2. This ordinance shall be-effective 30 days-after its passage by the.
Council, approval. by the--Mayor, and- posting by. the. City Recorder.
PASSED% BY V11(trlIML)L vote of all Council members present after being read
by number and title only, this /S day of `--M , 1990.
Gt
Cat y Whe tley, -Bepni ity Reco der
APPROVED: This,::?,/5/ day of V Gt ",1990
Ge ald R.- ards, Mayor
Approved as to form:
Date !City Attorrfey
ORDINANCE NO. / C>
L-x ?
Exhibit "A" Chapter 10.50
MOVING OF OVERSIZE LOADS
Sections:
10.50.010 Title
10.50.020 Definitions
10.50.030 Permit Required
10.50.040 Permit Application - Fee
10.50.050 Permit for Moving or Relocating a Building Onto a Lot
10.50.060 Protection of Public or Private Property and Utilities
10.50.070 Certificate of insurance
10.50.080 Permit Issuance Conditions
10.50.090 Permit Contents
10.50.100 Permit Revocation
10.50.110 Liability
10.50.120 Protection of Streets and Property
10.50.130 Project to Continue Uninterrupted
10.50.140 Cleanup
10.50.150 State Highway/County Road Use
10.50.160 Moving Oversize Loads on Same Property
..,10.50.170 Violation- Penalty
10.50.010 Title ;
t
A. This chapter shall be known a the "moving of oversize loads ordinance"
and may also be referred to herein as "this chapter."
f
10.50.020 Definitions
i
A. For the purposes of this chapter, the following mean:
t
1. Building. "Building" means any structure used or intended for
sheltering any use or occupancy;
2. Building Official. "Building Official" means the designee or
designees appointed by the Director of Community Development who
is responsible for the building inspections and enforcement of
the building code;
3. City Engineer. "City Engineer" means the City Engineer or the
City Engineer's designee;
4. Street. "Street" means any highway, road, street or alley as
defined in ORS 487.005 (1) and (8);
5. Structure. "Structure" means that which is built or constructed,
an edifice or building of any kind, or piece of work artificially
built up or composed of parts joined together in some definite
manner;
6. Chief of Police. "Chief of Police" means the designee appointed
by the City Administrator who is responsible for the
PROPOSED REVISIONS TO CHAPTER 10.50 Page 1
administration of the Police Department and may also be referred
to herein as "Chief";
7. Oversize Load. "Oversize load" shall mean any building,
structure; or commodity which is to be moved along any city
street upon a flatbed truck, trailer, dollies, or similar
vehicles, which has a loaded width exceeding 8 feet, and/or a
load(ad length exceeding 50 feet total, and/or a loaded height
exceeding 14 feet pursuant to ORS 818.080;
10.50.030 Permit Required
A. No person shall move an oversize load across or along a street without
first applying for and obtaining a permit under this chapter.
B. No person shall move an oversize load across or along a street in
violation of a provision of this chapter or of the provisions of the
permit issued under this chapter.
10.50.040 Permit Application - Fee
A. Application for a•permit to move an oversize load shall be made to the
Building_.off•icial• on forms. provided -by. the Building Official•.and shall
include the following information:
1. The name and address of a person who owns the oversize load;
2. The name and address of a person engaged to move the oversize.
load;
3. The location from which the oversize load is proposed to be
moved;
4. The proposed new site of the oversize load and its zoning
classification; (if in the city)
5. The proposed route for moving the oversize load;
6. The dimensions, type of construction and approximate age of the
oversize load;
7. The use or purpose for which the oversize load was designed;
8. The use or purpose to be made of the oversize load at its new
location; (if in the city)
9. The proposed moving date and hours of moving;
10. Any additional information the Building official considers
necessary for a fair determination of whether the permit should
be issued.
PROPOSED REVISIONS TO CHAPTER 10.50 Page 2
1
B. In situations where the city's design review standards apply, the
applicant shall also make application and submit all necessary
information for design review approval.
C. An application shall be signed by the owner of the oversize load to be
moved or by the person engaged to move the building.
D. A fee of $10 shall be paid prior to the issuance of a permit. Should
it be necessary for the City to provide any assistance in the moving
of an oversize load, the applicant shall pay an amount equal to the
cost of labor and/or materials, or any other cost incurred by the
City. These fees, pursuant to this section may be amended by the city
council by resolution.
10.50.050 Permit for Moving or Relocation of Buildings - Fee
A. The movement or relocation of any building or structure (which would
otherwise require the issuance of a building permit), within or into
the City, to be placed on a lot within the City, shall in addition to
the provisions of this chapter, comply with Chapter 14.20.
10.50.060 Protection of Public and Private Property and Utilities
A. The issuance of an oversize load•permit is not: an approval to remove,
alter, interfere, or endanger any public or private property, or
utility without first having obtained in writing, the permission of
the property owner(s), utility, or public entity to do so.
B. The applicant shall have made arrangements to the satisfaction of the
owner(s), utility, or public entity for protecting the installations
or property, paying for whatever damage the moving causes them, and
for reimbursing the owner(sj, utility,- or public entity for any costs
of removal and reinstallation of the property that the move
necessitates.
10.50.070 Certificate of Insurance
A. A permit shall not be issued until the applicant furnishes proof of
liability insurance with a surety company authorized to do business in
this state, for the purpose of moving oversize loads, in an amount and
form approved by the Building official.
10.50.080 Permit Issuance Conditions
A. The Building official shall issue the permit subject to any necessary
conditions if:
1. The application complies with the requirements of this chapter;
2. The moving can be accomplished without damage to property or, in
case of damage to the property, it is consented to by the owner
of the property or is to be paid for to the owner's satisfaction;
PROPOSED REVISIONS TO CHAPTER 10.50 Page 3
3. The building at its new site, if within the city, will conform to
the requirements of the Community Development Code;
4. All requirements of the building code ordinance (Chapter 14.04)
have been complied with;
5. The applicant shall be responsible for notifying the Police
Department, Fire Department, and all other affected agencies not
less than that required by the agency, but not less than 48 hours
prior to commencement of the move.
6. No move shall take place during the periods of 7am-9am, or 4pm-
6pm, without approval of the Chief of Police.
10.50.090 Permit Contents
A. The permit shall specify:
1. The route for moving the oversize load;
2.. The dates and times within which the moving is to be completed;
and
3. Whatever additional conditions the Building Official considers
necessary to satisfy ordinance requirements, to minimize the
obstruction of traffic to protect property, and to protect the
public safety and welfare.
10.50.100 Permit Revocation
A. The Building Official may refuse to issue a permit or may revoke a
permit issued under this chapter if:
1. The permittee violates or cannot meet a requirement of the permit
or a section of this chapter; or
2. Grounds, such as a misstatement of fact exist for revocation,
suspension, or refusal to issue the permit.
10.50.110 Liability
A. The permit shall not constitute an authorization for damaging
property. The permit shall not constitute a defense against any
liability the permittee incurs for personal injury or property damage
caused by the moving.
10.50.120 Protection of Streets and Property
A. Equipment used to move oversize loads along or across the public
streets of the City shall be equipped with pneumatic tires, which
shall be the only part of the equipment to come in contact with the
surfaces of the streets, except planking as required by the City
Engineer. The City Engineer may require the permittee to proceed on
planking of specified dimensions when the City Engineer considers the
PROPOSED REVISIONS TO CHAPTER 10.50 Page 4
planking necessary to prevent damage to a public street or other
property.
10.150.130 Project to Continue Uninterrupted
A. once an oversize load has been moved onto a public street under a
permit authorized by this chapter, the person moving the oversize load
shall continue with the moving project without interruption until it
is completed, except as the permit for the moving of the oversize load
specifically allows to the contrary.
10.50.140 Cleanup
A. A person moving an oversize load under a permit authorized by this
chapter shall promptly remove from the public streets and private
property all litter produced by the moving.
10.50.150 State Highway/County road Use
A. The- Building official may waive any of the requirements of this
tchapter regarding oversize. loads to. be moved through the City upon a
county road or state highway from and -to points outside the City
limits if:
1. Movement will be made pursuant to a permit issued by the
appropriate state agency;
2. Notice of the proposed movement and a copy of the permit is
submitted to the Building Official before the movement; and
3. The Building Official is satisfied that adequate precautions have
been taken to protect the public safety and welfare.
10.50.160 Moving Oversize Loads on Same Property
A. Subsection 10.50.030 shall not apply when an oversize load is moved on
the same or private property, or along a private street not controlled
or maintained by the City, except that Section 10.50.050 shall apply
in all cases.
10.50.170 Violation - Penalty
A. Violation of this chapter (except for Section 10.50.050) shall
constitute a Class 1 infraction and shall be processed in accordance
with the Civil Infractions Ordinance, codified in chapter 1.16 of
this code.
br/Moving.bcr
PROPOSED REVISIONS TO CHAPTER 10.50 Page 5
AGENDA UEM U 2 - VISITOR'S AGENDA DATE 5/21/90
(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 issues not on the agenda, but asks that you
first try to resolve your concerns through staff. Please contact the City
Administrator prior to the start of the meeting. Thank you.
NAME 6 ADDRESS TOPIC STAFF CONTACTED
PLEASE PEUNT -
G c D34.~ 0j
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ct u Cv~t2c T~
DALE C. DEHARPPORT
RONALD D. TRAVER
P.O. BOX
1577
BEAVERTON, OREGON 97075
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March 27, 1990
Sfuc! y
City of Tigard
j~/~
P.O. Box 23397
Tigard, Oregon 97223 cJ.
Subject: Case # CPA 89-06- Burnham/Tigard Realignment Sc t7p G`k"~ `'"l
Dear Mr. Murphy:
We own property known as Tax Lot 5300 and 5301, 1S12AB. This
property is on the north side of Burnham St. The new transportation ----SJ
comprehensive plan map slices diagonally through our property.
Last fall, when we attended the public hearing regarding this
project, everyone was hopeful that the Tax Increment Funding Program
would be approved. Since this tax measure failed, we are uncertain
about what the city's intentions are regarding the realignment of
Burnham St.
We want to sell our property. The value can not be determined
until the street issues are resolved. Can you tell us what the time
frame will be, if and when this road will be built? Can you tell us
if the city will buy all or part of our property and at what price?
Can you tell us what alternatives are available to us to use our
property until the new road is built?
We are extremely upset and frustrated by the city's actions. As
long as this "cloud of uncertainty" hangs over our property we don't
know what to do. Whenever we tell a prospective purchaser that a road
may go-through the property someday, we never hear from them again.
We would like to discuss this issue with the staff and then get
i on the first available City Council agenda.
I
Yours truly,
I
Dale C. DeHarpport
9845 S. W. Walnut Place
Tigard, Oregon 97223
(503) 639-3181
May 9, 1990
Tigard City Council
The Honorable Gerald Edwards, Mayor
Tigard City Hall
Tigard, OR 97223
To the City Council:
In 1989, the City Council amended the Comprehensive Trans-
portation Plan to include a street connecting Ash Street with
the intersection of Pacific Highway and Walnut Street. While
funding for this street did not pass the voters, the proposal
for the street remains. Since no specific routing has been es-
tablished, the proposal creates a cloud over the titles to all
properties along the route.
Therefore, the Administrative Council of Tigard United
Methodist Church, at its regular meeting on May 8, 1990 unan-
imously passed the following statement:
"We request that the City of Tigard remove the pro-
posed Walnut-Ash Connector from the Comprehensive
Transportation Plan."
Thank you for all your work on behalf of the citizens of
our community. We appreciate your many hours of dedicated
service.
Sincerely yours,
TIGARD UNITED METHODIST CHURCH
Mid a inley, Chai
Ad inistrative Council
Vernon A. Grove Pastor
RA-B:wm
Serving at the center of the community since 1911
11830 S. W. Wildwood St.
Tigard, Oregon 97224
May 10, 1990
City Council
City of Tigard
13125 S. W. Hall Street
Tigard, Oregon 97223-0397
I have a prospective buyer for my property at 9655 S. W. McKenzie
Street, a thirty-six unit apartment complex. In order to
negotiate a sale. I have been informed that it is necessary
to disclose the City-of Tigard's intention to build a road
connecting Walnut Street with Ash Street which could involve
the removal of one of my buildings. The proposed street
connection is indicated very roughly on.the city's master
plan,.but no specifics are given as to what properties would
be destroyed to build it. I first became aware in July.
1989, of the city.'s intention of building this road.
At the last City Council meeting we attended last year
concerning this matter, it was pointed out there were three
or four possible routes for the proposed road which could
involve my property, the Methodist Church property, the
Davidson Restaurant and Car Wash property, and the Kings Choice
Apartments, and this was supposed to be resolved by deciding
on a definite route for this connection.
I have been informed that as of,:this date nothing has been
done in this regard. This is an unreasonable situation and
the City Council should immediately proceed to clear this
cloud on the properties involved.
Please advise what the intentions of the Council are. Your
answer is urgently needed as to whether my property will be
affected.
Very truly yours,
Kenneth V. Allison
-77 F`77i
May 10, 1990
City Council and C~
City Manager
P.O. Box 23397
Tigard, OR 97223
RE: Ash-Burnham Extension
This letter is to request that the titles on our properties
located on the corner of Walnut Place and Pacific Highway be cleared
of any obstacles that have resulted from planning of the Ash-Burnham
extension.
Pledse advise us of any progress made on this matter. We will
follow-up in about thirty days.
Sincerely,
William G. & Dixie L. Davidson
12830 S. W. Pacific Hwy.
Tigard, OR 97223
639-5111
C
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PMSI
. 7;^
May 1, 19 9 0 MAY 16 1990 'ii
City Manager Pat Rielley~^~; ;:t?. s
May and City Council
City of Tigard
P. O. Box 23397
Tigard, Oregon 97223
RE: ASH AVENUE, BURNHAM/TIGARD REALIGNMENT
Dear City Manager, Mayor and City Council:
The following comments are offered on behalf of Property
Management Services, Inc. (PMSI), managing agents of the
Kings Choice apartment complex off of Highway 99W and SW
Walnut Place in Tigard. PMSI testified at public hearings
on the amendment to the Comprehensive Plan Transportation
Map (CPA 89-06) which were conducted in June and July of
1989 regarding the Ash Avenue extension and Burnham/Tigard
realignment. PMSI went on record in opposition to the
amendment to the Transportation Map for the following
reasons:
1. Loss of any units will impact the viability of the
entire Kings Choice complex
2. Negative impact of roadway project on existing stock of
affordable house (70 units rented at below market
rates)
3. Uncertainty regarding timing of project and funding
mechanism for road construction
The Planning Commission and City Council also received
extensive opposition to the amendment from other affected
property owners and residents. However, the City Council
did proceed to amend the Transportation Map to reflect the
Ash Avenue extension and Burnham/Tigard realignment. At the
time the amendment was approved, the city anticipated that
the Downtown Urban Renewal district and plan would be
approved by the voters and a detailed alignment for the Ash
Avenue extension would be funded as a first renewal project.
Given the lack of voter support for the Downtown Urban
( Renewal District, the whole issue of the Ash Avenue
extension is drifting and the city has not proceeded with
detailed alignment and cost/funding studies.
Property Management Services, Inc. ~ q
1104 Main Street. Suite 500. Vancouver. Washington 98660.2980 Accredited ;.f ~Sg~
Vancouver (206) 696.9000 or Portland (503) 227.3000 Management
Mailing Address: P.O. Box 7. Vancouver. Washington 98666-0007 Orgoti~ation` ! e.YS
r
City Manager, Mayor and City Council
May 1, 1990
Page 2
Designation of the "proposed" roadway on the Transportation
Plan places a cloud of uncertainty over the Kings Choice
complex and other properties in the area. It is our
position that the City Council needs to bring closure to
this issue and provide certainty needed by property owners
in the downtown area. If the City cannot move forward with
detailed alignment studies and implementation, then the
designation of the "proposed" roadway places an unfair and
unnecessary burden on property owners and residents of
Tigard.
We request that the City Council schedule discussion of the
status of the Ash Avenue extension and Burnham/Tigard
realignment at a City Council meeting. Notice of the
meeting should be provided to all parties who participated
in the public hearing process on this issue. We look
forward to hearing from you on this item.
Sincerely,
r
Ron Snedden, CPM
Property Management Services, Inc.
Managing Agent
CARL H. JOHNSON` r go
8965 S. W. Burnham Street 17 Mar. 1990
Tigard, Oregon 97223
(503) 684-5263
Tigard Planning Commission Re: Public Hearin; 3/20/90
13125 S. W. Hall Blvd. Periodic Review
Tigard, Oregon 97223 Comprehensive Plea
Land Use Regulations
There is an inherent unfairness in the Sensitive Landa Section of the
Tigard Community Development Code and Comprehensive Plan that needs
correction. Lot me illustrate.
My property on Fanno Creek is, except for one small parcel, the last
one south in the city. It is not wetland. It has one sere within
the 100 year flood plain. Under the Plan and Regulations it appears
I am expected to absorb the increasing runoff of all the new develop-
meirts upstream.
To my personal knowledge dating back to 1947 areas bordering Fanno
Creek and on tributaries have been filled to bring then above flood
levels. Note the flat A-Boy yard, the Puget Co. yard on Bonita Read
and the creek sides of various lots between Bonita and Durham Roads.
This filling makes sense. It is totally wrong to expect property
owners of the loner Fanno Creek area--Wain Street to Durham City to
absorb- hold the exesss water caused by developments of Beaverton,
Tigard and take Oewege.
To correct this unjustioe and some others the comprehensive Plats
and Land Use Regulations need revision. Owners should be allowed
to protect their properties from high waters. Isn't that what is
done along the Mississippi River fill and dike; and the City
of Tualatin having required 4 to 5 foot fill downtown?.
.In isy ease there is a bridge on Durham Road abutting the property.
I should in fairness be allowed to fill at least up to the road
level. This would still allow the maximum flow that can go under
the bridge to pass downstream.
Also, in this context, requiring the donation of land to the city
is clearly unlawful. I refer you to the Nollan decision of the
U. S. Supreme Court.
Further elaborations on these and other related parts of the Plan
and Regulations dealing with land alteration, land donation, land
subdivision, eta. will have to await the public hearing and if I
cannot be present I request to be allowed to mail them in later.
lespeetfully submitted,
~Q ~a~) QFCEii W PUIgNNo
Carl H. .fo nsoa
MAR 211990
MEMORANDUM
CITY OF TIGARD
To: Mayor and City Council May 11, 1990
From: Patrick J. Reilly, City Administrator
Subject: Request for reimbursement of sewer costs.
Issue:
A citizen has made a request to the City for reimbursement of. costs incurred in
extending the public sanitary sewer, and requiring another Property owner to
pay a sewer surcharge for not participating in the cost of extending the
public sewer. The staff has attempted to resolve the issue between the two
owners involved, with no success. The staff has no authority to effect any
refund for sewer extensions. The questions before the Council are:
1. Should the City reimburse a citizen for part of the cost incurred in
extending a public sewer, were no previous agreement for payback has been
made?
2. Should the City force payment of a sewer surcharge on a citizen who was
inadvertently-not charged at time of issuance of a permit?
History:
Mr. Steve Knebel (14535 SW 97th Ave) has requested that he be reimbursed for
one-third the cost of a public sewer he was required to build in 1984. Please
see his attached letter.
In May of 1984, Mr. Steve Knebel made a request for a minor land partition to
create two residential lots. One lot was contained an existing house, the other
was for construction of a new residence. A condition of approval of the
partition, was that Mr. Knebel extend the public sanitary sewer 80 feet to
serve the new and existing residences. Mr Knebel complied with the condition,
divided the lots and constructed the new residence.
Mr. Knebel eventually sold the property with the existing house (14525 SW 97th
Ave) to Mr. Jim Corliss (9750 Sw Inez St). Along with the sale of the existing
house went the rights of sewer participation for the property.
In February of 1988, Mr. Corliss made application to connect his property at
9750 SW Inez St to the public sewer. Because he owned the property at 14525
SW 97th Ave, he granted himself an easement to through that property to
connect to the available sewer lateral (and transferred participation to the
sewer extension from that property to his 9750 SW Inez St). The property at
14525 SW 97th Ave was to pay the $3000.00 "In Lieu of Assessment" fee when it
connected to the sewer at a later date.
During the course of excavation to connect his home to the sewer, Mr. Corliss
found that the property at 14525 SW 97th Ave had already been connected to the
sewer, there was however, no records of a permit issued to connect the house.
Mr. Corliss requested that the city allow him to connect both houses to the
same sewer lateral, along with him paying for the permit for 14525 SW 97th Ave.
The City approved the connection and Mr. Corliss paid the permit fees for
connection of both houses (however the "In Lieu of Assessment " fee was
inadvertently not charged).
It would seem that Mr. Rnebel would have recovered some of his costs when he
sold the property at 14525 SW 97th Ave, because the property would have had a
greater value with sewer available to it. His being required to extend the
public sewer did however, result in the benefit to Mr. Corliss's property at
19750 SW Inez).
i
Alternative "A":
f
1. Deny Mr. Rnebel's a request.
2. Approve Mr. Rnebel's request, refunding to him 1/3 the cost of
construction.
3. Refund to Mr. Rnebel 1/6 the cost of the sewer. Mr. Rnebel should be
entitled to recover a maximum of 2/3 the cost of the sewer. Since Mr. Rnebel
sold the lot with the existing house (14525 SW 97th Ave) he would presumably
would have included in the selling price 1/2 of his cost for the sewer, thus he -
has recovered 1/2 of the cost _as of this date. The 1/6 refund would therefore
provide Mr. Rnebel with a total recovery of 2/3 the cost.
Alternative "S":
1. Take no action to require Mr. Corliss to pay any' further sewer surcharge
fees.
2. Require Mr. Corliss to pay the $3000 "In Lieu of Assessment" fee, as
prescribed by City Ordinance.
3. Require Mr. Corliss to pay an "In Lieu of Assessment" fee equal-to 1/6
the cost of the sewer. Each property would then have been assessed an equal
share of the cost.
Mr. Knebel has submitted copies of bills for the work. The total of the
appropriate charges to be considered is $8,922.00.
A 1/3 refund would total $2,974.00
A 1/6 refund would total $1,478.00
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5-21-98 11:26a EverFax Carl Springer I Page 1 of 3
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MEMORANDUM
S I/ 7 I CD
To: Deborah Johnson
From: Carl Springer
Subject: Review of Traffic Issues on North Dakota Street, Tigard OR
Job No.: DBO Date: May 21, 1998
STREET CLASSIFICATION
North Dakota Street is designated as a minor collector in the City's
Comprehensive Plan Transportation Map. Reference is made in a City staff
report of a possible misinterpretation of that plan when the street was
connected to Sorrento Road which is an arterial street in the City of
Beaverton. After reviewing the local circulation plans, it appears that
the core of the circulation problem has to do with the discontinuity of
the regional arterial street systems at the border of the Cities of Tigard
and Beaverton. If 121st Avenue were aligned with an arterial street in
Beaverton, the present problem on North Dakota Street would likely be
minimal.
Because of this discontinuity, North Dakota Street functions more like a
major collector street despite its minor collector designation. A true
minor collector street should serve neighborhood residents and businesses
with connections to the City's arterial street system. In general, they
are not intended to carry "through" traffic (i.e. motorists that neither
live or work in the neighborhood). Typical daily volumes on these minor
collector streets are 1,999 to 2,099 vehicles per day.
EXISTING TRAFFIC CONDITION
The most recent volume count (February 1990) was 3,800 vehicle per day
which is roughly two to three times the typical volume cited above. It
is estimated, given the surrounding low density residential development,
that at least half of that volume could be "through" traffic.
The reported concerns by neighborhood residents identify traffic speeds,
volumes, and their related safety issues for pedestrians.
• The traffic speed data on North Dakota Street appeared to be quite
typical for a 25 MPH posted street. About two-thirds of the
vehicles were observed at 30 MPH or less, and only 6 percent
exceeded the speed limit by 10 MPH or more. This is actually fairly
good speed limit compliance, and, by itself, should not pose a
safety problem.
• The central issue for North Dakota Street should be to reduce
"through" traffic since it accounts for about half of the total
traffic volume.
ALTERNATIUES TO REDUCE "THROUGH" TRAFFIC ON NORTH DAHOTA STREET
Many alternatives have been discussed and evaluated by City staff and
f local residents to reduce speeds and "through" traffic. As mentioned
above, traffic speed by itself does not appear to be a safety issue
although it is a common concern by residents. Comments are made below on
the alternatives that will reduce through traffic.
5-21-90 11:26a EverFax Carl Springer rage 2 or 5
1. Prohibit Through Truck Traffic. Through truck traffic should be
restricted to the arterial street system, and be required to use
only City designated truck routes. However, truck traffic typically
accounts for less than 5 percent of the total vehicle volume, and
its removal would still leave a large "through" traffic volume.
2. Prohibit All Through Traffic. As mentioned in the staff report,
this measure is ineffective because it is unenforceable, with the
exception of trucks.
3. Cul-de-sac North Dakota Street north of Anton Drive. This would
eliminate "through" traffic on North Dakota Street. The estimated
1,500 to 2,000 vehicles per day of "through" traffic would be
diverted to 121st Avenue and Scholls Ferry Road which are designated
as a major collector and arterial street, respectively. If planned
capacity improvements are made at the 121st Avenue/Scholls Ferry
intersection, the impact of this diversion should be minor since a
four-lane major street is designed to carry up to 25,000 vehicles
per day.
If the road closure were made just north of Springwood Drive instead
of at Anton Drive, an additional outlet to Scholls Ferry Road would
be possible via Springwood Drive and Summer Lake Drive, and it would
be a much less desireable route for "through" traffic. This
modification to the original closure plan should ameliorate the
reported concerns from police and fire officials regarding response
time since the travel distance from all directions would be roughly
the same as exists now.
4. Create new east-west Collector Street between 121st Avenue and North
Dakota Street. Augmenting the street closure with an additional
collector street parallel to Anton Drive would lessen the impact to
Scholls Ferry Road and 121st Avenue (which will be minor anyway),
and still eliminate "through" traffic on North Dakota Street west
of 121st Avenue. However, it may not be very attractive since it
is offset from the North Dakota Street east of 121st Avenue. In
addition, it would significantly increase traffic turning movements
to and from 121st Avenue at an unsignalized location which would add
to delays and safety problems for through traffic on 121st Avenue.
5. Install Disincentives. The existing circulation pattern could be
maintained and "through" traffic diverted by placing negative
incentives on North Dakota Street west of 121st Avenue to discourage
non-residents from using this route. A variety of options are
available:
Install 4-way stop signs at every other intersection. This
could be permitted by City ordinance as a traffic circulation
measure to forego the requirements in the "Manual on Uniform
Traffic Control Device".
Install street "chokers" at the intersections with Anton Drive
and Summer Crest Drive to narrow the wide street, and to re-
enforce the residential character of the street. These
"chokers" usually are added to the intersection corner with
large radius raised islands that include planters and
interlocking pavement blocks. The clear distance between
opposite chokers should be no more than 30 feet.
i
Install "pavement undulations" at 1000 foot intervals. A
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5-21-90 11:26a EverFax Carl Springer
"pavement undulation" is an elongated speed bump that gives the
benefit of discouraging unsafe speeds without the abruptness of
a typical speed bump found in private parking lots. Pavement
undulations usually span across the width of the street, are 12
feet long and gradually rise to a height of 4 inches at its
peak. These are constructed by an asphalt overlay.
5. Extend 121st Avenue as a Major Collector Street into the City of
Beaverton. The above alternatives attempt to reduce the cons-
equences of the basic street system discontinuity between the two
cities. Joint planning efforts should be made at the regional level
to resolve this circulation conflict.
RECOMMENDATIONS
Based on the foregoing discussion and review of the applicable correspon-
dence, the following recommendations are made in order of preference.
A. Extend 121st Avenue as a major collector street into Beaverton.
B. Close North Dakota Street north of Springwood Drive.
C. Inotall disincentives on North Dakota Street to discourage "through"
traffic. Stop signs are by far the least expensive and most
effective.
,
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CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: May 21, 1990 DATE SUBMIT=: May 14, 1990
ISSUE/AGENDA TITLE: Approval of /PREVIOUS ACTION: Council Decision
Surface Water Management Agreements; to Participate in SWM Program
with Unified Sewera a Agency USA PREPARED BY: Patrick J. Reilly
DEPT HEAD OK CITY ADMIN OK REQUESTED BY:
PO CY ISSUE
Shall the City of Tigard participate in the Surface Water Management (SWM)
Program as outlined in the attached agreement?
INFORMATION SUMMARY
In response to the mandated requirements to clean up the Tualatin River, the f
City of Tigard has engaged in discussions with USA to develop a County wide SWM
Program.
;
YThe attached agreement provides for the surface water management as a shared
responsibility between USA and the City of Tigard. The attached agreement
combines the sanitary sewer and surface water management functions.
Two agreements are attached for Council consideration: the basic agreement for
SWM, and the City Committee agreement. It is essential for the City Council to
adopt the agreement by the end of May in order for the effective date to be
July 1, 1990. i.
ALTERNATIVES CONSIDERED
FISCAL IMPACT
Initially, there will be a $3/month charge of which the City will receive $2 to
support our local SWM function. Operating expenditures will not exceed
revenue. Details of program implementation are not yet finalized. The local
$1.50 fee will be eliminated.
SUGGESTED ACTION
Staff recommends approval of the attached two agreements and authorization
granted to the Mayor and City Recorder to sign.
cw
usaswm.ccsum
fi
( AGREEMENT
THIS AGREEMENT is made and entered into as of the day of
1990, between the City of Tigard, a municipal
corporation of the State of Oregon, hereinafter referred to as
"City," and the Unified Sewerage Agency of Washington County, a
municipal corporation and county service district, hereinafter
referred to as the "Agency."
WHEREAS, the Agency was duly formed and organized under ORS
Chapter 451, has the authority to provide sanitary sewerage
treatment facilities, and to provide for storm and surface water
management within its boundaries; and City is within the Agency by
action of its Council and pursuant to an election duly conducted
within the boundaries of the Agency; and
WHEREAS, City and Agency have the authority to enter into
contracts for the cooperative operation of service facilities under
ORS 451.560 and ORS Chapter 190; and
WHEREAS, Agency has developed a master plan and a•master plan
update-for sewerage facilities, and a surface water management plan,
and is in a position to coordinate and unify treatment facilities
and storm and surface water, and regulation of waste water quality
and quantity into an integrated system for the areas within the
Agency; and
C WHEREAS,. City and Agency previously entered into an Agreement
for the cooperative operation of sanitary sewer service facilities,
and said Agreement is in need of amendment to address surface water
management functions and other issues; and it would-be in the best
interest of the Agency and City to consolidate provisions of the
original agreement, previous amendments, and additional amendments
into a single document.
NOW, THEREFORE, in consideration of the covenants and
agreements to be kept and performed by the parties hereto, it is
agreed as follows:
Section 1. Definition of Terms
Wherever the following terms are used in this agreement they
shall have the following. meaning unless otherwise .specifically
indicated by the context in which they appear:
A. Board shall mean the Board of Directors of the Agency, its
governing body.
B. Connection Charge means the amount charged for connection
to the sanitary or storm and surface water system.
C. Council shall mean the City Council, governing body of the
City.
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D. Dwelling Unit (DU) means a separate living unit with
kitchen facilities including those in multiple dwellings,
apartments, mobile homes and trailers. For nonresidential
properties, a DU or Dwelling Unit Equivalent (DUE) shall be
determined by Agency Ordinance, and Agency resolutions adopted
thereunder.
E. Equivalent Service Unit (ESU) is the unit of impervious
surface area which generates the storm and surface water runoff
equal to a single family residential property, as determined by
Agency Ordinance, and Agency resolutions adopted thereunder.
F. Impervious Surface Area includes all areas that have been
altered from their natural state such that they do not allow the
infiltration and retention equivalent to that of undisturbed soil.
This shall include, but is not limited to pavement, buildings,
decks, parking areas, and compacted gravel areas.
G. Industrial Waste means any liquid, gaseous, radioactive or
solid waste substance or a combination thereof resulting from any
process of industrial or manufacturing business, or from the
development or recovery .of.natural resources.. For the purposes of
this agreement, Industrial Waste shall also include any substance
regulated under 33 USC Sec 1317, together with regulations adopted
thereunder.
H. Operation and Maintenance means the regular performance of
work required to assure continued functioning of the storm and
surface water'system and the sanitary sewerage system and corrective
measures taken to repair facilities to keep them in operating
condition.
I. Order means Resolutions, Orders and Directives of the
Agency prescribing standards and conditions for construction or use
of the storm and surface water facilities and the sanitary sewerage
facilities, and rates and charges therefor.
J. Permit Application and Inspection Fee means fees charged-
an applicant for permits and related inspections for connections to
the storm and surface water system and the sanitary sewerage system.
K. Person means the state of Oregon, any individual, public
or private corporation, political subdivision, governmental agency,
municipality, industry, copartnership, association, firm, trust,
estate or any other legal entity whatsoever.
L. Sanitary Sewerage System means any combination of sewer
treatment plant, pumping, or lift facilities, sewer pipe, force
mains, laterals, manholes, side sewers, laboratory facilities and
equipment, and any other facilities for the collection, conveyance,
treatment and disposal of sanitary sewage comprising the total
publicly-owned sanitary sewerage system within Agency jurisdiction,
C~ to which storm, surface and ground waters are not intentionally
admitted.
Page 2
M. Sanitary Sewer Service Charge means a regular charge to a
property owner or occupant of designated premises for the use of the
sanitary sewerage system.
N. Sewage Treatment Facility means any facility designed for
the purpose of the appropriate treating, holding, disposal, and
discharge or reuse of sanitary sewage, including byproducts of such
treatment processes.
0. Sewage Collection System means any system of pipes, and
pumping facilities designed for the collection of sanitary sewage
for the purpose of transporting such material to a sewage treatment
facility.
P. Standards means the standards and conditions of use of the
storm and surface water system and the sanitary sewer system as
specified and adopted by the Agency. Standards also shall mean
applicable statutes and rules of the United States and the State of
Oregon.
Q. Storm and Surface Water Service Charge means a regular
charge to a property owner or occupant of designated premises for
the contribution of runoff or pollution, (as defined in ORS
468.700), or both to the storm and surface water system.
R. Storm and Surface Water-System means any combination of
publicly owned storm and surface water quality treatment facilities,
pumping, or lift facilities, storm drain pipes and culverts, open
channels, creeks and rivers, force mains, laterals, manholes,.catch
basins and inlets, detention and retention facilities, laboratory
facilities and equipment, and any other publicly owned facilities
for the collection, conveyance, treatment and disposal of storm and
surface water comprising the total publicly owned storm and surface
water system within Agency jurisdiction, to which sanitary sewage-
flows are not intentionally admitted.
S. Storm and Surface Water System Development Fee is a charge
for construction or other activity that causes or is likely to
cause, an increase from the natural state of storm water runoff
quantity or pollution, (as defined in ORS 468.700), or both, to the
storm and surface water system. Such fee is for capital
improvements associated with such construction or other activity,
and may be a reimbursement fee or a fee for improvements to be
constructed.
a
Page 3
Section 2. Operating Procedures and Relationships
A. The City agrees to:
1. Follow and enforce the orders promulgated by the
Agency, and to notify Agency of apparent violations
thereof which may require Agency legal action. The
Agency, in cooperation with the Cities and the
Committee formed in Section 5-A-3, shall adopt
policies, standards, specifications, and performance
criteria necessary for the proper and effective
operation of the Agency and to comply with State and
Federal permits, laws and regulations.
2. Refer persons who may require an industrial waste
discharge permit to the Agency. City shall not issue
any sanitary sewer permit to non-residential customers
without verification that the Agency has issued an
industrial waste permit, or the Agency-has determined
that none is required.
3. Provide notice to and obtain Agency review and
approval of plans and specifications as the Agency may
require for any addition, modification or
reconstruction (other than repairs) of the
publicly-owned sanitary sewerage system prior to
undertaking work thereon.
4. trovide notice to and obtain Agency review and
approval of plans and specifications as the Agency may
require prior to allowing any addition or construction
(other than repairs) of the publicly-owned storm and
surface water system to insure conformance to adopted
Agency standards, orders, and master plans.
5. Obtain Agency review and approval prior to entering
into any agreement for the use of the storm and
surface water system or the sanitary sewerage system,
other than for issuance of connection permits.
6. Inform the Agency in writing not less than 30 days
prior to initiating or entering into any agreement for
the financing or incurring of indebtedness relating to
the storm and surface water system or the sanitary
sewerage system. City shall not obligate any Agency
revenues of the sewer fund or storm and surface water
fund, nor shall facilities of the sanitary or storm
and surface water system be obligated for any debt.
7. Establish in its record a separate account for the
storm and surface water program and one for the
sanitary sewerage program for the purpose of
/ accounting for connection and user fees collected and
received by the City pursuant to this agreement.
Page 4
8. Allow the Agency access at any reasonable time upon
reasonable notice to inspect and test storm and
surface water facilities and sewerage facilities
within the City.
i
F
f
9. Grant the Agency permits from time to time as may be
necessary for the installation of storm and surface
water facilities and sewerage facilities in the public
streets and ways of the City without imposing permit
issuance fees, provided that the Agency shall adhere
to any conditions required pursuant to ORS 451.550(6). #i
10. Take such curative or remedial action as and when
necessary to maintain that portion of the
publicly-owned sanitary sewerage system under the
jurisdiction of the City in accordance with prescribed
Agency standards, subject, however, to budgetary
limitations and to the extent that the City may be
lawfully authorized to act.
11. Follow and accomplish the work program developed. by
the Agency for the storm and surface water program-for
that portion of the publicly-owned storm and-surface
water system under the jurisdiction of the City as.
defined in Section 3-A in accordance with prescribed
Agency standards, subject, however, to budgetary
limitations and to the extent that the City may be
lawfully authorized to act.
12. To issue no new permit for the construction. within, or
modification to a wetland, floodway, or floodplain
without first receiving the written approval by the
Agency to do so. This paragraph shall not apply to
permits issued by City pursuant to a current permit
under 33 USC Section 1344(e), (a section 404 general
permit), and within the scope of such permit.
13. To pursue when feasible and appropriate the conversion
of storm and surface water facilities from private to
public ownership, through the acquisition of easements
and other property rights as necessary, for those
privately owned storm and surface water facilities
which are identified as being necessary or
appropriately apart of the public system.
Page 5
Section 3. Ownership and Responsibilities
t,
A. The City shall be responsible for the installation,
construction, operation, maintenance, repair, replacement,
and financing; processing of non-industrial and erosion
control permit applications; inspection of connections;
billing, collection, accounting and recording connection
fees, inspection fees, and monthly service charges; within
its corporate limits and within the purview of this
agreement for the following facilities and functions:
1. Sanitary sewer lines and facilities having a diameter
of less than 24 inches, unless otherwise agreed to by
the Agency and City.
2. Storm and surface water facilities within the City,
and the portions of the total work program, to be the
responsibility of the City are identified and
described in the Program Summary and Map, hereby
incorporated as Exhibit A. This Program Summary and
Map may be modified from time to time by mutual
written agreement of the City and Agency.
B. The Agency shall be responsible for the installation,
construction; operation, maintenance, repair, replacement,
and the financing thereof, of all publicly owned storm and
C surface water facilities, and sanitary sewerage facilities
within the City not identified in Section A above. In
addition, the Agency shall have exclusive jurisdiction
over industrial waste discharges with regard to permits,
service fees, billings, collection, regulations and
enforcement. Upon receipt of any application for an
industrial waste discharge permit within a City territory,
the Agency shall so inform City and shall coordinate with
any other applicable development or construction permits
of City.
C. The City previously transferred to Agency certain real and
personal property of the sanitary sewerage system. The
City hereby transfers, assigns and set over to the Agency
all of the City's ownership interests in and to the storm
and surface water facilities of the City listed in Exhibit
A and described in Section B above, as being the
responsibility of the Agency. City further transfers to
Agency all easements, rights-of-way and permits held by
the City with respect to the foregoing but subject to the
terms and provisions thereof, to all of which the Agency
shall be bound and conform and shall save, hold harmless
and indemnify the City from any failure to conform
thereof, to the extent allowed by law. City and Agency
shall execute all documents necessary to transfer title to
any real property interests by December 31, 1990.
Page 6
With respect to all.transfers of fee title to real
property, each party shall have the right, at its expense,
to perform an environmental assessment prior to accepting
title to property. Any terms and conditions prescribing
cleanup of the property shall be subject to negotiation of
the parties and included in the instrument of transfer of
the property.
D. The City hereby excepts and reserves to itself all
interests in real property not expressly to be transferred
by this agreement, including all such property utilized in
connection with treatment facilities; provided, however,
that the City does hereby grant to the Agency consent for
the nonexclusive use of such lands as may be necessary to
enable the Agency to own, operate and maintain such
facilities.
E. Agency will not establish local assessment districts
within the City, without first obtaining City approval.
F. Agency will process applications from City pursuant to
Section 2-A-12 for Wetland, Floodplain, and Floodway
modifications. Upon review and approval by USA, and upon
request by City, the Agency shall act as a facilitator and
liaison for State and Federal review and permit processes.
Section 4. Administration, Operation and Maintenance of Sewerage
Facilities
A. City and Agency agree that:
1. City and Agency agree to divide revenues collected
pursuant to-this agreement as follows:
a. To remit payments on a monthly basis, with a
report on Agency-designated forms.
b. Payments shall be due upon 30 days of receipt of
the revenue by the billing party, unless the
payment has been appealed by the billing party.
If the payment has been appealed by the billing
party under the dispute resolution process of
Section 6, the amount in dispute may be withheld
or paid without prejudice to either party.
CC.
Page 7
C. The Agency Board shall determine and certify
annually for the sanitary sewerage program, and
\ for the storm and surface water program, the
portion of the monthly service charge, and the
portion of the connection charge allocated for
each of the following:
i. Retirement of revenue bonds
ii. The portion required for the City system as
defined in Section 3-A
iii. The portion required for the Agency
responsibilities
d. City shall remit to the Agency the portion of
sanitary sewer service charges and connection
fees collected, and storm and surface water
service charges and connection fees collected, as
identified in Sections 4-A-1-c-i and iii, and
shall retain the service charge and connection fee
revenue identified in-.Section 4-A-1-c-ii.
e. City may charge and collect a service charge or
connection fee at.a higher rate per EDU than that
set by the Agency when the City determines it is
needed for the local City system. The City-shall
retain 100% of these additional revenues
• collected. Such additional charge shall be
consistent with applicable federal rules in order
to preserve eligibility for grants and other
funding programs.
f. For connection fees paid by "Bancroft" financing,
the billing party shall remit the portion. of each
payment collected, including interest on the
Bancroft payment, as determined in Section
4-A-1-c.
g. For permit and inspection fees for private
development construction of public storm and
surface water facilities and sanitary sewer
facilities, and for erosion control permit fees,
the City shall remit to the Agency a fee to
compensate the Agency for its costs for services
performed relative to these fees, as prescribed by
Agency Order.
h. For Industrial Waste fees, Agency shall remit to
City twenty percent (20%) of connection, volume,
and monthly service charges collected. Agency
shall retain one-hundred percent (100%) of the
annual permit fee, and any penalty fees, COD, SS
and other fees that may be assessed.
Page 8
( 2. City will institute administrative procedures within a
reasonable time to diligently maintain regular
billings and collection of fees, adjust complaints
thereto, and pursue delinquency follow-ups and take
reasonable steps for collection thereof.
3. Agency or City may at any reasonable time upon
reasonable notice inspect and audit the books and
records of the other with respect to matters within
the purview of this agreement. Additionally, the City
shall prepare and submit to the Agency a performance
report of the storm and surface water functions, and
the sanitary sewer functions for which the City is
responsible. The performance report shall be prepared
every 6 months, and shall be provided to the Agency no
later than September 1 and March 1 of each year. The
performance report, for each function, shall address
the performance in those areas necessary for permit
compliance.
4. The.City and the Agency may each need extra help ,from
time to time that might be supplied by the other. In
such a case, either City or the Agency in utilizing
the services of an employee of the other shall pay the
lending government the employee's salary rate plus.
direct salary overhead currently in effect for the
time worked.
5. Interest shall accrue on late payments at a rate of
three-quarters of one percent (0.75$) per month on the
unpaid balance.
6. The Agency may, at its cost, install permanent and
temporary volume and quality monitoring stations to
determine the effectiveness of City and Agency
programs.
7. The performance reports from each City will be
reviewed by the Committee established in Section
5-A-3, following the procedure defined in a oeparate
agreement between the Agency and member Cities.
Section 5. Other Provisions
A. The City and the Agency further agree that:
1. The Agency will not extend sewer service to areas
outside the City except with prior approval of the
City where such areas are included in the Urban
Planning Area Agreement between the City and
the appropriate county or counties.
Page 9
2. The City and,the Agency will each obtain such
( insurance contracts as necessary to cover the
liabilities of the City and the Agency respectively
for the risks and liabilities arising from activities
and operations under this agreement. Each party
hereto shall cause the other to be named as an
additional insured on its policy or policies as to the
obligations under the terms of this agreement. In the
event that either party chooses to be self insured,
that party shall furnish proof of separately
identified and unencumbered reserves of at least
$1,000,000,
3. Establish a Committee made up of one representative
from Washington County and one representative from
each member City within the Agency, which will meet
quarterly, or more frequently if needed, to review and
advise the Agency on the standards, regulations and
specifications, work programs, capital improvement
programs, rates and charges, long range planning, and
other matters covered by the Agreements with the
member Cities.
4. At such time as the Agency shall discontinue operation
or use of any facilities on City-owned premises, the..
Agency shall remove such equipment, facilities or
fixtures therefrom within a period of six months after
C such discontinuance unless otherwise determined by the
parties. The Agency shall demolish or remove
facilities, the sites thereof shall be left free and
clear-of all demolition waste and debris. Any
environmental clean-up necessitated by Agency
operation shall be the sole responsibility of Agency.
5. City and Agency shall each be responsible for the
negligent or-wrongful acts of its officers, employees,
agents, and volunteers, while performing work related
to this agreement. Each party shall be solely
responsible for defense, costs or payments arising
from legal challenge alleging improper use by that
party of funds derived from this agreement, or
otherwise held by that party. Each party shall be
responsible for any liability arising out of its
ownership of real property and interests therein,
activities governed by an NPDES permit or other air or
water discharge permit issued by competent authority
to that party, and any conduct of that party subject
to direct regulation by state or federal authority.
Page 10
6. Nothing in this agreement shall be construed as a
limitation upon or delegation of the statutory and
home rule powers of the City, nor as a delegation or
limitation of the statutory powers of the Agency.
This Agreement shall not limit any right or remedy
available to City or Agency against third parties
arising from illegal acts of such third parties.
7. Where this Agreement calls for review or approval of a
fee or charge, Agency shall perform such review in a
timely manner, shall not unreasonably withhold
approval, and shall provide its decision to the City
in writing. If, within 30 days of written request by
City for approval by Agency, the Agency has failed to
provide a written response, the request shall be
deemed approved.
Section 6 Dispute Resolution; Remedies
A. In the event of a dispute between the parties regarding
their respective rights and obligations pursuant to this
Agreement, the parties shall first attempt to resolve the
dispute by negotiation. If a dispute is not resolved by
negotiation, the exclusive dispute resolution process to
be utilized by the parties shall be as follows:
1. Step 1. Upon failure of those individuals designated
C by each party to negotiate on its behalf to reach an
agreement or resolve a dispute, the nature of the
dispute shall be rendered to writing and shall be
presented to the City Manager and Agency General
Manager, who shall meet and attempt to resolve the
issue. If the issue in the dispute is resolved at
this step, there shall be a written determination of
such resolution, signed by the City Manager and Agency.
General Manager, which determination shall be binding
on the parties. Resolution of an issue at this step
requires concurrence of both parties' representatives.
2. Step 2. In the event a dispute cannot be resolved at
Step 1, the matters remaining in dispute after Step 1
shall be reduced to writing and forwarded to the Mayor
and the Chairman of the Board of Directors. Upon
receipt of the written issue statement, the Mayor and
Chairman shall meet and attempt to resolve the issue.
If the issue is resolved at this step, a written
determination of such resolution shall be signed by
the Mayor and Chairman. Resolution of an issue at
this step requires concurrence of both the Mayor and
the Chairman.
4~ -
Page 11
3. Step 3. In the event a dispute cannot be resolved at
Step 2, the parties shall submit the matter to
/.d mediation. The parties shall attempt to agree on a
mediator. In `.he event they cannot agree, the parties
shall request list of five (5) mediators from the
American Arbitration Association, or such other entity
or firm providing mediation services to which the
parties may further agree. Unless the parties can
mutually agree to a mediator from the list provided,
each party shall strike a name in turn, until only one
name remains. The order of striking names shall be
determined by lot. Any common costs of mediation
shall be borne equally by the parties, who shall each
bear their own costs and fees therefor. If the issue
is resolved at this step, a written determination of
such resolution shall be signed by both parties.
Resolution of an issue at this step requires
concurrence of by both parties. In the event a
dispute is not resolved by mediation, the aggrieved
party may pursue any remedy available to it under
applicable law.
B. Neither party may bring a legal action against the other
party to interpret or enforce any term of this Agreement
in any court unless the party has first attempted to
resolve the matter by means of the dispute resolution of
subsection A above. This shall not apply to disputes
arising from a cause other than interpretation or
enfgrcement of this Agreement.
Section 7 Effect of this Agreement
This Agreement shall supersede all prior agreements and amendments
between the parties with respect to sanitary sewerage and service,
storm and surface water management; provided that, except as
expressly modified herein, all rights, liabilities, and obligations
of such prior agreements shall continue. This agreement shall be
effective upon its execution by both parties hereto, and shall
continue in effect for a term of thirty (30) years from and after
the date hereof. This agreement may be modified only by written
amendment.
Section 8 Severability
In the event a court of competent jurisdiction shall deem any
portion or part of this Agreement to be unlawful or invalid, only
that portion or part of the Agreement shall be considered
unenforceable. The remainder of this Agreement shall continue to be
valid.
i
Page 12
IN WITNESS WHEREOF, this instrument has been executed in
duplicate by authority of lawful actions by the City Council and
Agency Board of Directors.
UNIFIED SEWERAGE AGENCY CITY OF TIGARD, OREGON
OF WASHINGTON COUNTY, OREGON
By By
Chairman, Board of Directors Mayor
Attest:
Approved as to Form: City Recorder
Attorney for Agency City Attorney
C
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Page 13
AGREEMENT
THIS AGREEMENT is made and entered into as of the day of
, 1990, between the Cities of Beaverton, Cornelius,
Forest Grove, Hillsboro, North Plains, Sherwood, Tigard, and
Tualatin, all municipal corporations of the State of Oregon,
hereinafter referred to as "Cities," and the Unified Sewerage Agency
of Washington County, a municipal corporation and county service
district, hereinafter referred to as the "Agency."
WHEREAS, the Agency provides sanitary sewerage and storm and
surface water management, and Cities are within the Agency; and
WHEREAS, City and Agency have the authority to enter into
contracts under ORS 451.560 and ORS Chapter 190; and
WHEREAS, Agency has entered into agreements with each of the
Cities within its boundary which specify the duties and-
responsibilities of each party; and
WHEREAS, Agency and Cities desire to establish a process.to:
review matters of common concern to the parties, including.but.not
limited to the performance of each City and the Agency relative to
the requirements of the agreements, matters addressed in Section
5-A-5 of the agreements , by means of a review-Committee made.up of
representatives of each City.
NOW, THEREFORE, in consideration of the covenants and
agreements to be kept and performed by the parties hereto, it is
agreed as follows:
Section 1. City committee
A. The parties hereby establish a Committee made up of
one representative from each City within the Agency
that is a party to this Agreement. The Committee
shall meet quarterly, or more frequently if needed.
It shall have authority to review and advise the
Agency on the standards, regulations and
specifications, work programs, capital improvement
programs, rates and charges, long range planning, and
other matters covered by the Agreements for Sanitary
Sewer and Storm and Surface Water Management
(Operating Agreements) with the member Cities.
B. The Committee shall also have the authority to review
the performance of the Cities as to the work programs
and standards of the Operating Agreements. Each City
hereby agrees to be bound by the decisions of the
Committee, subject to the procedures of Section 2.
C~
C. The agency shall staff the Committee and provide
written notice to each City no less than 14 days prior
to each meeting. A quorum shall be necessary to
transact business, and vote of a majority of the
members present is required to act on any matter. All
meetings of the Committee shall be open to the public.
Section 2. Procedures
A. Each City shall prepare and submit to the Agency
September 1 and March 1 of each year a performance
report of the storm and surface water functions, and
the sanitary sewer functions for which the City is
responsible under the Operating Agreement. The
performance report, for each function, shall address
the performance in those areas identified by the
Agency as related to NPDES and other permit
compliance.
B. The performance reports from each City will be
reviewed by the Committee. If the Committee
determines that .a City is not meeting the standards,
regulations,.or work programs adopted by the Agency,
then the affected City shall be notified in writing of-
the deficiencies. The City shall have 60 days to.
develop and submit to the Agency aplan and schedule
to bring the City into compliance with applicable
standards. At the next semi-annual review, the
-Committee will determine whether or not the City is in
compliance.
C. If, within 180 days of the Notice of Deficiency, the
Committee determines the City has not-remedied the
identified deficiencies, written notice thereof shall
-be. sent to the Mayor and City Manager. The City shall
have 60 days to develop and submit to the Agency a
revised plan and schedule to bring the City into
compliance. At the next semi-annual review, the
Committee will determine whether or not the City is in
compliance.
D. If., within 180 days of the second Notice of
Deficiency, the Committee determines the City has not
remedied the identified deficiencies, the Agency shall
assume the responsibility for any portion of the
program the Agency determines is necessary to bring
the City into compliance. The Agency shall make
appropriate adjustments to the division of revenue to
reflect the change in responsibility. A decision to
transfer program responsibility under this section
shall constitute an amendment to the Agreement between
the Agency and that City.
Page 2
z'z
z'
E. The Committee, upon making a finding that a City is
out of compliance to the extent that immediate action
is necessary, may accelerate the process of Sections
2-B, C, and D.
F. In the event the Agency assumes all or a portion of t
the responsibilities of the City, the Agency shall at
a later date, after receiving appropriate evidence y
that the City is or will be able to remain in
compliance, negotiate with the City to return the
program responsibilities to the City. The Agency may
require payment of funds to reimburse the Agency for
system improvements made to bring the City into r
compliance.
G. Nothing in this agreement shall be construed as a
limitation upon or delegation of the statutory and
home rule powers of the City, nor as a delegation or
limitation of the statutory powers of the Agency.
Section 3. 'Dispute Resolution; Remedies
t
In the event a dispute under this Agreement.is not resolved by'
negotiation the aggrieved party may pursue any remedy available to
it under applicable law.
F Section 4. Effect of this Agreement
This agreement shall be effective upon its execution by all parties
hereto, and shall continue in effect for a term of thirty (30) years
from and after the date hereof. This agreement may be modified only
by written amendment of all the parties. This agreement shall
continue upon the legal reorganization or consolidation of any
party.
Section 5. Severability
In the event a court of competent jurisdiction shall deem any
portion or part of this Agreement to be unlawful or invalid, only j
that portion or part of the Agreement shall be considered
unenforceable. The remainder of this Agreement shall continue to be
valid.
Page 3
IN WITNESS WHEREOF, this instrument has been executed in
r duplicate by authority of lawful actions by the City Councils and
Agency Board of Directors.
UNIFIED SEWERAGE AGENCY CITY OF BEAVERTON, OREGON
OF WASHINGTON COUNTY, OREGON
By By
Chairman, Board of Directors Mayor
Attest:
Approved as to Form: City Recorder
Attorney for Agency City Attorney
CITY OF CORNELIUS, OREGON CITY OF FOREST GROVE, OREGON
V By
Mayor Mayor
Attest: Attest:
City Recorder City Recorder
City Attorney City Attorney
CITY OF HILLSBORO, OREGON CITY OF NORTH PLAINS, OREGON
By By
Mayor Mayor
Attest: Attest:
City Recorder City Recorder
jity Attorney City Attorney
Page 4
i,1TY OF SH.ERWOOD, OREGON CITY OF TIGARD, OREGON
By BY
Mayor Mayor
Attest: Attest:
City Recorder City Recorder
City Attorney City Attorney
CITY OF TUALATIN, OREGON
By
Mayor
C test:
City Recorder
City Attorney
i
C~
Page 5
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: May 21, 1990 DATE SUBMITTED: May 10, 1990
ISSUE/AGENDA TITLE: PREVIOUS ACTION:
Eld Award for Video I ion Uni
PREPARED BY: Field Operations
DEPT HFAD OK CTTY ADMIN OK REQUESTED BY: John Roy
ISSUE
Should the Local Contract Review Board award the bid for a new video inspection
unit to be used in the T.V. Inspection Program of sanitary and storm sewer
lines? The new unit will increase both efficiency and production of existing
programs and enhance our maintenance capability in the new Surface Water
Management Program.
INFORMATION SUMMARY
Bids were opened for the Video Inspection Unit on April 5, 1990, at 3:00 p.m.
Five bids were received as follows:
1. Cue's Inc. (20 exceptions to bid specs. of which 9 have a direct
effect on operation and efficiency of this equipment.) $78,900
2. Flexible Video Systems (10 exceptions to bid specs. of which 6 have
a direct effect on operation and efficiency of this equipment.) $83,895
3. Telespector Corporation (2 minor exceptions to bid specs. no impact
on operation or efficiency of this equipment.) $84,862
4. Buchen S.I.S. Inc. (7 exceptions to bid specs. of which 3 have a
direct effect on operation and efficiency of this equipment.) $87,650
5. E.P.M. Marketing $111,650
(Because bid was too much over budget, it was not considered.)
ALTERNATIVES CONSIDERED
1. Award bid to Telespector Corporation in the amount of $84,862. They have
two minor exceptions to bid which will not impact the overall efficiency or
quality of the unit.
2. Award the bid to Cue's Inc., which was the lowest bid received at $5,962
less than Telespector Corp. Of their 20 exceptions, 9 are considered major
and will affect the efficiency and quality of the unit and cost
considerably more to upgrade.
3. Readvertise for bids.
FISCAL IMPACT'
The 1989/90 budgeted amount for the video inspection equipment is $75,000.
There is an additional $3,057.28 available from capital equipment purchase
savings and the old video inspection unit has been sold to Lincoln City for
$8,000, allowing $86,057.28 for purchase of a new inspection unit.
SUGGES'T'ED ACTION
Staff recamends Council award the bid to Telespector Corp. in the amount of
$84,862. The difference between the exceptions on Cue's bid is considered
significant enough to warrant the bid award to Telespector.
dc/Video
E}Cf~F'~`rCt1S TO BIOD
Cm OF TICAM ~ ICMICt1S CUE'S TXCEPT`rCNS
1. 2 speed washer & intermittent 2 speed washer
2. 10,500 lb. vehicle rating * 10,000 lb vehicle rating
3. Rear doors w/glass windows no glass on rear doors
4. Head plate center aisle flat aluminum floor covering
5. 42 gal water tank in equip. room * no water tank
6. Control console w/overhead storage no overhead storage over console
7. Desk w/sliding drawers no desk w/sliding drawers
8. Bench seat w/vinyl cushion no bench seat
9. storage cabinet over bench seat no storage cabinet over bench seat
10. 1 ext. rear weatherproof receptacle no rear weatherproof rear receptacle
11. 4 fluorescent lamps in equip. room no fluorescent lamps in equip. room
12. 110 degree camera viewing angle * 70 degree angle
13. 13" video monitor 12" video monitor
14. 6600# video cable breaking strength * 5600 # breaking strength
15. ± 1 ft w\in 1000' counter accuracy * not capable of 1 ft in 1000 accuracy
16. Winch designed for manhole access * not capable of manhole access
17. Foot activated winch control no foot activated winch control
18. Mini-camera adapter for van monitor * no adaptor provided
19. Rear door cable roller guide * no rear door cable roller guide
20. 2 year warranty * no warranty
'PF.L OR EXCF.P TICNS
1. 2 speed wiper/electric washer 2 speed wiper/electric washer
intermittent delay.
2. Aluminum power cord reel steel power cord reel
Fria? EXCEPPIC[~LS
1. 2 speed wiper/electric washer 2 speed wiper/electric washer
intermittent delay no intermittent delay
2. Hardened aluminum fiberglass reinforced panel
3. QKC 5.7 350 CID * Ford cab & chassis-460 CID 7.5
4. ABS plastic sheeting on 1/4" fiberglass sidewalls in equip. room
plywood subsurface in equip. rm.
5. 3 year camerra warranty * 2 year camera warranty
6. 110 degree camera angle * 70 degree camera viewing angle
7. 3 yr warranty on power cont. unit * 2 year warranty
8. Electronic, variable rewind camera * hydraulically powered cable reel
9. Electric power winch for camera no electric power winch is offered
10. 42 gal. water tank * no water tank
BIJC HEN EXCEPTICNS
1. 3 year warranty * 1 year warranty
2. Generator access to outside of van * mounted w/access in equipment area
3. 360 horizontal camera lines 280 lines
4. 110 degree lens viewing angle * 90 degree lens viewing angle
5. 30-35 degree operation angle laptop data view
6. 156 pre-defined comments ?
7. 2 speed wiper & intermittent delay 2 speed wiper/washer
* Considered major exceptions to bid
L!
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SCARY
AGENDA OF: May 21, 1990 DATE SUBMITTED: May 14, 1990
ISSUE/AGENDA TITLE: Support of Proposed PREVIOUS ACTION:
Modifications to Tualatin 9-1-1 Svstem
& Initiation of Planninq Doc=ents/ PREPARED BY: Cathy Wheatley
DEPT HEAD OK CITY ADMIN OKRBQUES M BY: Pat Reilly
V
POLTCY ISSUE
Should the City of Tigard support the relocation and upgrade of the Tualatin
9-1-1 System?
INFORMATION SUMMARY
The attached resolution was prepared in response to support expressed at the
May 2, 1990 User meeting regarding the 9-1-1 relocation and upgrade.
ALTERNATIVES CONSIDERED
1. Approve the attached resolution.
2. Approve the attached resolution with amerx ants.
FISCAL IMPACT
No additional funds needed; in fact, the 9-1-1 system may be less expensive to
operate.
SUGGESTED ACTION
Staff reams approval of the attached resolution.
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CITY OF TIGARD, OREGON 1
21 COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: May.14, 1990 DATE SURUTPED: April 20, 1990
ISSUE/AGENDA TITLE: Telecommmications PREVIOUS ACTION:
Franchise Ordinance Amerximent
PREPAR) BY: Wayne Lowry, Finance
Director
DEPT HEAD OK ADMIN OK / RBQIWM BY:
POLL 'Y ISSUE
Chapter 484 of Oregon law enacted in June of 1989 redefines "gross revenues"
upon which the city's franchise fee is cued to mean revenues derived from
exchange access services as defined by ORS 401.710. Mus in affect lowers the
base upon which the telephone franchise fee is computed and therefore lowers
the revenue the City receives from telecommunications franchises. The council
must amend the franchise agreement to incorporate this definition and the
Council must determine the rate that will apply to the newly defined "gross
revenues." Chapter 484 Section 5(1) states that the rate may not exceed seven
percent of gross revenues.
INFORMATION SUMMARY
The City of Tigard currently has franchise agreements with U.S. West and with
GTE Northwest as follows:
1989/90
COMPANY ORDINANCE PERIOD EXPIRATION RATE REVENUE
US West 73-23 20 yrs 1993 3% 20,970.45
GTE NW 82-12 10 yrs 1992 3% 183,092.88
TOTAL 204,063.33
The affect of this legislation is to significantly reduce the revenue base upon
which the franchise rate is applied. The legislation affects the two phone
companies differently in that their reportable gross revenues are reduced by
different amounts.
Shown below are revenue estimates for several rates based on 1989 actual gross
revenues and gross revenues that would have been reported under the new
definition.
U. S. West
1989 - Base under franchise $699,015
1989 - Base with new Legislation $601,152
Old Base New Base
3% 20,970 18,034
3.5% 24,465 21,040
4% 27,960 24,046
5% 34,950 30,057
6% 41,940 36,069
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in order to maintain the same revenue stream from U.S. West, the franchise fee
would have to be increased to 3.5% from the current 3%.
GTE Northwest
1989 - Base under franchise $6,103,066
1989 - Base with new legislation $4,455,238
Old Base New Base
3% 183,092 133,657
4.14% 252,666 184,446
5% 305,154 222,761
6% 366,185 267,314
In order to maintain the same revenue stream from GTE Northwest, the franchise
fee would have to be increased to 4.14% from the current 3%.
The Utility and Franchise Committee has reccamended to the City Council that
all franchise rates be raised to 5% fran their current levels. In addition,
the Budget Caunittee has discussed the increase in franchise fees as a method
to reduce future tax base increases, while improving the diversity and
stability of General Fund funding sources.
In addition to the rate and the definition of gross revenues, the new i
legislation also allows the utility company to charge pro rata to the users of i
the utility the rate set by the City. Each ratepayer's telephone bill will
therefore show in total, the portion of their charge attributed to the City's
franchise fee. Before this legislation, only the portion of the charge over 3%
was shown on the bills. F
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ALTERNATIVES CONSIDERID
1. Amend ordinances, leave rate at 3%
2. Amend ordinances, raise rate to 3.5% for U.S. West and 4.14% for GTE to
maintain current revenue level
3. Amend ordinances, raise rate to 5% for both franchises to increase
revenue
FTSCAL IMPACT
1. Reduces franchise revenue by estimated $52,371 per year
2. Maintains current level of franchise revenue
3. Increases franchise revenue by estimated $48,756 over current level
SUGGESTED ACTION
1. Staff recmm ends amending ordinances and raising rate to 5%.
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CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
Agenda of:Mav 21, 1990 Date Submitted:Mav 7, 1990
Issue/Agenda Title: Revise TMC Previous Action:None
Title 14, Buildings and Construc ions,
spared By:Brad Roas
Dept. Head OTC City Admin O, i equested By:
" '71
' P(OIACY ISSUE
Should the City amend the Building Code Ordinance to adopt clearer and
safer regulations for the moving of buildings onto lots within the City?
INFORMATION SUMMARY
The present Title 14, Chapter 14.20, Moving of Buildings is cumbersome,
inefficient and does not provide for all the necessary safeguards and
regulations to protect the public and City. The attached revised Title 14,
Chapter 14.20 provides for efficient service, protection and safety to the
public and City.
ALTERNATIVES CONSIDERED
1. Approve the attached ordinance adopting Chapter 14.20, Moving of Buildings
as part of TMC Title 14, Building Code Ordinance.
2. Deny the attached ordinance.
FISCAL IMPACT
None. No change in the fee structure would occur as a result of this action.
SUGGESTED ACTION
Approve the attached ordinance adopting Chapter 14.20, Moving of Buildings as
part of TMC Title 14, Building Code Ordinance.
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MEMORANDUM
CITY OF TIGARD
To: Pat Reilly, City Administrator
From: Ed Murphy, Director of Community Developmen
Date: 5-7-90
Re:Summa=y cf ~jroposed revisions to Title 14, "Moving of Buildings".
The chapter has been revised to regulate the moving of buildings on or
onto lots within the city.
Reason: The moving of a building across city streets will be regulated under
proposed Title 10, chapter 10.50, "Moving of Oversize Loads". The revised Title
14 will regulate the structural and fire safety aspects of moving buildings
from one location to another within the city.
14.20.030 Permits required.
A section has been added requiring a building permit for moving of a building
on or onto a lot, and refers to Title 10 for moving a building across city
streets.
Reason: There is no requirement under the present Title 14 for a building
permit to be obtained for the moving of a building onto a lot. Proposed Title
10.50 requires a permit to move any oversize load across a city street.
14.20.040 Permit application--Fee.
This section was changed to identify the information needed for an application
to move a building onto a lot, and prescribed the fees needed to cover the cost
of permit issuance, plan review and inspections.
14 20 050 Permit application--Distribution and inspections.
This present section was eliminated and replaced with "Plans Required for
Permit".
Reason: The existing section requires that any application to move a building
across a city street must be reviewed and approved by the Chief of Police and
City Engineer. This has proved to be very cumbersome and time consuming. The
Chief of police and City Engineer have their interests protected under the
proposed Title 10.50. The existing section does not fit in the "Moving of
Buildings" chapter. The new section prescribes plans required for the location
and extent of work proposed for the moved building.
14.20.060 Utility installation protection.
r`
This section was altered to require protection for private property from
damage, in addition to public utilities.
Reason: Private property owners have a right to be protected from loss or
damage.
14.20.070 Performance bond.
This section was changed to eliminate the need for a bond to protect the public
right of way when moving an oversize load across city streets (this protection
is provided under proposed Title 10.50). The revision requires that a per-
formance assurance bond, or deposit be provided to guarantee that the structure
will be safely placed on an adequate foundation within three months of moving
the building onto the lot. It also places a restriction on storing buildings on
property within the city.
14.20.090 Permit contents.
Eliminated.
Reason: Covered under proposed Title 10.50.
14.20.120 Protection of streets and property.
Eliminated.
Reason: Covered under proposed title 10.50.
14.20.130 Proiect to continue uninterrupted.
Eliminated
Reason: Covered under proposed title 10.50
14.20.150 State highway use.
Eliminated
Reason: Covered under proposed Title 10.50
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
Agenda of: May 21, 1990 Date Submitted: May 5, 1990
Issue/Agenda Title:Revise Previous Action:None
TMC Title 10. Vehicles and
Traffic
r- tepared By:Brad Roast
Dept. Head OgZL, City Admin OR-;';? By:
POLICY ISSUE
Should the City adopt an ordinance regulating the moving of oversize loads `
i
upon or across City streets?
i
INFORMATION SUMMARY
The City does not presently have an ordinance that regulates the moving of
oversize loads (buildings, tanks, and structures in excess of 8 feet wide or
14 feet height or 50 feet in length, pursuant to ORS 818.080) upon or across
City roads. The attached Title 10, Chapter 10.50 provides regulations for the
safety and welfare of the public and City.
i
ALTERNATIVES CONSIDERED
1. Approve the attached ordinance adopting Chapter 10.50, "Moving of Oversize
Loads" as part of Title 10.
2. Deny the attached ordinance.
FISCAL IMPACT
None. No change in the fee structure would occur. The $10.00 fee will recover
all costs incurred in the preparation and issuance of permits.
SUGGESTED ACTION
Approve the attached ordinance adopting Chapter 10.50, "Moving of Oversize
Loads" as part of Title 10.
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CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY r
AGENDA OF: May 21, 1990 DATE SUBMITTED:
ISSUE/AGENDA TITLE: Resolution of PREVIOUS ACTION: i
Public Neceesit for Walnut Stre / g
Improvements PREPARED BY: City En ineer
DEPT HEAD OK CITY ADMIN OR REQUESTED BY: }
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POLICY ISSUE
Should the Council authorize the City Attorney and staff to acquire the right-
of-way necessary for improvements to S.W. Walnut Street?
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INFORMATION SUMMARY
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Improvements to S.W. Walnut Street are authorized under the Major Streets a
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Traffic Safety Improvement Bond. Negotiations are in progress for the right-
of-way and easements needed for the project. In the event that legal action
may be required to acquire this right-of-way, a formal resolution is necessary.
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ALTERNATIVES CONSIDERED
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1. Adopt the attached resolution declaring a public necessity to acquire
certain property for right of way purposes.
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2. Delay adoption of the resolution. E
3. Do not adopt the resolution.
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FISCAL IMPACT "
All costs of right-of-way acquisition are funded under the Streets Bond.
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SUGGESTED ACTION
Staff recommends Council pass the attached resolution authorizing the staff and
City Attorney to acquire necessary right-of-way.
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CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: MaV 21, 1990 DATE SUBMITTED:
PREVIOUS ACTION:
ISSUE/AGENDA TITLE: ResolutiJRoa/
Public Necessity for Durham Im rovem
ents PREPARED BY: Cit En sneer
DEPT HEAD OR CITY ADMIN REQUESTED BY:
POLICY ISSUE
Should the Council authorize the City Attorney and staff to acquire the right-
of-way necessary for improvements to S.W. Durham Road?
INFORMATION SUMMARY
Improvements to S.W. Durham Road are authorized under the Major Streets Traffic
Safety Improvement Bond. Negotiations are in progress for the right-of-way and
easements needed for the project. In the event that legal action may be
required to acquire this right-of-way, a formal resolution is necessary.
ALTERNATIVES CONSIDERED
1. Adopt the attached resolution declaring a public necessity to acquire
certain property for right of way purposes.
2. Delay adoption of the resolution.
3. Do not adopt the resolution.
FISCAL IMPACT
All costs of right-of-way acquisition are funded under the Streets Bond.
SUGGESTED ACTION
Staff recommends Council pass the attached resolution authorizing the staff and
City Attorney to acquire necessary right-of-way.
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