City Council Packet - 02/23/1993
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AGENDA
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sheets If no sheet is available, ask to be
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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.
Times noted are estimated; it is recommended that persons interested in testifying be present by
7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda Items can be heard In and
order after 7:30 p.m.
6:30 p.m.
• STUDY SESSION
7:30 p.m.
1. BUSINESS MEETING
1.1 Call to Order - City Council & Local Contract Review Board
1.2 Roll Call
1.3 Pledge of Allegiance
1.4 Call to Council and Staff for Non-Agenda Items
7:35 p.m.
2. VISITOR'S AGENDA (Two Minutes or Less, Please)
7:45 p.m.
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 Receive and File: January 21, 1993 Joint Meeting Minutes of the Tigard City Council and
Tigard-Tualatin School Board of Directors
3.2 Authorize Right-of-Way Acquisition for the 72nd Avenue - 99W Intersection Project
(American Legion property and relocation costs)
3.3 Local Contract Review Board: Award Bid for Cab and Chassis to Guaranty Chevrolet and
Service Body Bid to Northwest Truckstell Sales
COUNCIL AGENDA - FEBRJARi 23, 1993 - PAGE 1
7.55 p.m. ,
4. COUNCIL CONSIDERATION: PROPOSED RESOLUTION WHICH STATES THE CITY'S
INTENTION TO SOLICIT CONSENT FOR ANNEXATION FOR THE AREA KNOWN AS THE
• Community Development Staff
8:30 P.M.
5. COUNCIL CONSIDERATION OF ORDINANCES APPROVING FRANCHISE AGREEMENTS:
5.1 Portland General Electric - Ordinance No. 93- rD
5.2 GTE Northwest - Ordinance No. 93-rL7,_
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8:45 p.m.
6. NON-AGENDA ITEMS
8:55 p.m.
7. 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.
9:15 p.m.
8. ADJOURNMENT
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1
COUNCIL AGY11 DA i LnRUr►ni '43, 1993 - PAGE 2
Council Agenda Item
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T I G A R D C_ _I _ T Y C O iT N C_ T T.
MEETING MINUTES - FEBRUARY 23, 1993
• Meeting was called to order at 6:32 p.m. by Council President
Schwartz.
1. ROLL CALL
Council Present: Council President John Schwartz; Councilors
Judy Fessler, Wendi Hawley, and Paul Hunt. Staff Present:
Patrick Reilly, City Administrator; John Acker, Associate
Planner; Wayne Lowry, Finance Director; Ed Murphy, Community
Development Director; Liz Newton, Community Relations
9IIIIM Coordinator; Michael Robinson, Legal Counsel; Catherine
Wheatley, City Recorder; and Randy Wooley, City Engineer.
STUDY SESSION
Joint Policy Advisory Committee on Transportation (JPACT)
City Administrator advised of the nominating process for
representation on JPACT. There was brief discussion.
Motion by Councilor Fessler, seconded by Councilor Hunt, to
nominate city of Tigard Councilor John Schwartz to serve as the
Washington County JPACT representative.
(
The motion passed by a unanimous vote of Council present. (Council
President Schwartz and Councilors Fessler, Hawley, and Hunt voted
"Aye. 01)
Councilor Schwartz's name will be submitted for the ballots
distributed to cities.
Meeting Reminders
• Representative Tom Brian, Monday, 3/1, at 4 p.m. in the Town
Hall Conference Room
• Blue Ribbon Task Force, 2/25, at 7 p.m., Town Hall. Topic:
School District Financial Picture
community survey Update
City Administrator reported on progress on the community survey
project. Tentatively called "Tigard Talk," the plan is to mail to
2,000 residents, randomly sampled. These persons will be invited
to one of seven community forums arranged in focus-group settings
to further delineate the responses on the written questionnaires.
Agenda Review
City Administrator advised that he was submitting a proposed
resolution with regard to withdrawal of the City from the Tigard
Water District. This resolution will give staff the permission to
CITY COUNCIL MEETING MINUTES - FEBRUARY 23, 1993 - rAGE 1
commence with the noticing requirements for the public hearing
( process.
There was lengthy discussion on the proposed resolution presented
in Agencies lit--t--ill Nu. 4 WIi.LCII WO-al d s aii--t at as LiivL:coa o Gi111aCliilly aiy
double majority method in the area in unincorporated Washington
county known as the "Walnut Island." Staff reviewed the elements
of the staff report and discussed the purpose of the resolution.
Also reviewed were the steps which would be followed for double
majority annexation.
Councilor Hunt noted he would not support double majority
annexation. He advised he did not think the Council should be
obligated because of past action by a former Mayor (referring to a
letter by former Mayor Tom Brian which stated there would be no
effort by the City to force an annexation.) (See Agenda Item
No. 4 for additional summary of discussion on this issue.)
Councilor Hunt expressed concern over the likelihood that a double
majority annexation would not be successful. He advised the
residents of Tigard were not being treated fairly because of the
unshared tax burden. If this annexation effort fails, he noted
that the City's "hands would be tied" with regard to annexing this
area in the future.
A community forum for the Walnut Island area concerning annexation
will be held on March 18, 1993, (7 p.m.) at Fowler Junior High.
Executive Session: The Tigard City Council went into Executive
Session at 7:15 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. Session adjourned at 7:30
p.m.
Council meeting convened into the business meeting at 7:30 p.m.
BUSINESS MEETING
2. VISITOR'S AGENDA
• Martha Bishop, 10590 S.W. Cook Lane, Tigard, OR 97223,
represented NPO 3 and requested an appeal fee waiver with
regard to SDR 92-0021, Ruble/PDG, Taco Bell.
Motion by Councilor Hunt, seconded by Councilor Fessler,
to approve NPO 3's fee waiver request.
The motion passed by a unanimous vote of Council present.
(Council President Schwartz and Councilors Fessler,
Hawley, and Hunt voted "Aye.")
• Vlasta Barber, 11120 S.W. Summer Lake Drive, Tigard, OR
97223 announced the upcoming Fanno Creek Conference (6th
CITY COUNCIL MEETING MINUTES - FEBRUARY 23, 1993 - PAGE 2
Annual) to be held this Saturday, February 27. The
( Conference will be held at the Tigard High School
Cafeteria. with reaistration at 8:30 a.m. Community
issues to be discussed are:
> Should new development be limited by projected
availability of water?
> Should athletic programs be cut to balance school
budgets?
> Should local police agencies be consolidated?
At lunch, elected officials will answer questions from
participants.
• Mr. Jack Polans, 16000 S.W. Queen Victoria Place, King
City, Oregon 97224, outlined his concerns with charges
for copies of Council meeting tapes. After discussion
on several options, Council President Schwartz requested
that Mr. Polans put his concerns and suggested solutions
in writing and submit them to the City Administrator.
Once this has been accomplished, Council will reevaluate
the policy on this issue.
3. CONSENT AGENDA: Motion by Councilor Hunt, seconded by
Councilor Fessler, to approve the following Consent Agenda
items:
3.1 Receive and File: January 21, 1993 Joint Meeting Minutes
of the Tigard City Council and Tigard-Tualatin School
Board of Directors
3.2 Authorize Right-of-Way Acquisition for the 72nd Avenue -
99W Intersection Project (American Legion property and
relocation costs)
3.3 Local Contract Review Board: Award Bid for Cab and
Chassis to Guaranty Chevrolet and Service Body Bid to
Northwest Truckstell Sales
The motion passed by a unanimous vote of Council present.
(Council President Schwartz and Councilors Fessler, Hawley,
and Hunt voted "Aye.")
4. COUNCIL CONSIDERATION: PROPOSED RESOLUTION WHICH STATES THE
CITY'S IN'T'ENTION TO SOLICIT CONSENT FOR ANNEXATION FOR THE
AREA KNOWN AS THE WALNUT ISLAND
a. Associate Planner Acker reviewed the staff report which
is filed with the Council packet material.
b. Lengthy Council discussion followed. The purpose of the
resolution is to enable City to reserve the option of the
double majority annexation method.
Councilor Hunt reviewed his concerns with problems in the
future if the double majority annexation attempt failed.
CITY COUNCIL MEETING MINUTES - FEBRUARY 23, 1993 - PAGE 3
Councilor Hunt noted these properties received benefit of
City services and should be sharing in the tax burden.
Council members discussed whether the resolution should
be adopted. Of concern was the fact that the City did
not have any information on how the Walnut Island
residents felt about annexation. Staff members advised
that the resolution is required if the City wants to
reserve the option of double majority annexation. In
order to consider this option, the proposed resolution
must be approved by Council before any studies, inquiries
or action is pursued with regard to the double majority
option. If the double majority option is turned down,
this does not preclude the Council from considering other
annexation methods. City Administrator advised that this
might be a future policy question for the Council to
decide.
C. Motion by Councilor Hawley, seconded by Councilor
Fessler, to adopt the proposed resolution.
Discussion followed. Councilors Schwartz and Hawley
noted they could support the resolution in that this
would give the City the opportunity to pursue the double
majority annexation method. Adoption of the resolution
would not be binding and exclude other annexation
options.
Community Development Director reviewed the different
methods of annexation. Council members asked several
clarifying questions. Under the double majority
annexation, a larger area can be identified initially and
then reduced after determining whether there is greater
acceptance in one area over another. Several Councilors
noted their preference for voluntary annexation
(utilizing an interactive process with affected
residents) to the City.
d. RESOLUTION NO. 93-07 - A RESOLUTION EXPRESSING INTENT TO
SOLICIT CONSENT TO ANNEX BY DOUBLE MAJORITY METHOD AN
AREA OF UNINCORPORATED WASHINGTON COUNTY COMMONLY KNOWN
AS THE "WALNUT ISLAND."
The motion passed by a majority vote of Council present;
3-1. (Council President Schwartz and Councilors Fessler,
and Hawley voted "Aye"; Councilor Hunt voted "No.")
e. Mr. Jack Polans (from audience), 16000 S.W. Queen
Victoria Place, King City, Oregon 97224, noted he had
signed in to speak on this issue on the Visitor's Agenda
sign-in sheet. Councilor Schwartz reviewed the sign.-up
sheet, acknowledged Mr. Polans request, and extended
CITY COUNCIL MEETING MINUTES - FEBRUARY 23, 1993 - PAGE 4
apologies for the oversight. He invited Mr. Polans to
speak to the issue.
Mr. Polans advised of his concerns with the process
(i.e., Oregon Revised Statutes requirements) and
ramifications with the passage of the resolution. In
addition, he expressed doubts over whether the residents
would be accepting of an annexation proposal and noted
that the Council appeared to have some question about
whether or not the Walnut Island area should be annexed.
He said that, in his dealings with the City, he would not
be in favor of annexation.
Council President and Council responded to Mr. Polans'
concerns, explained the process for soliciting input from
the affected residents, and referred to the requirements
by the Boundary Commission for considering annexation
requests. Council President Schwartz acknowledged areas
of question and differing viewpoints among the Council.
5. COUNCIL CONSIDERATION OF ORDINANCES APPROVING FRANCHISE
AGREEMENTS'
a. Finance Director Wayne Lowry reviewed the Staff Report on
Agenda Items 5.1 and 5.2. Mr. Lowry answered several
questions for clarification from Council. He advised the
agreements regulate activity in the right-of-way and do
` not deal with actual operation of business.
t b. Motion by Councilor Hunt, seconded by Councilor Hawley,
calling for a reading of the Ordinances proposed in Items
5.1 and 5.2
C. ORDINANCE NO. 93-07 - AN ORDINANCE RENEWING THE FRANCHISE
OF PORTLAND GENERAL ELECTRIC COMPANY, AN OREGON
CORPORATION, ITS SUCCESSORS AND ASSIGNS, FOR A PERIOD OF
TWENTY YEARS FROM AND AFTER THE EFFECTIVE DATE OF THIS
ORDINANCE, GRANTING THE RIGHT AND PRIVILEGE TO ERECT,
CONSTRUCT, MAINTAIN AND OPERATE WITHIN THE CORPORATE
LIMITS OF THE CITY OF TIGARD, OREGON, AS SUCH LIMITS NOW
EXIST OR MAY BE HEREAFTER CONSTITUTED, AN ELECTRIC LIGHT
AND POWER SYSTEM WITH THE POLES, WIRES, FIXTURES,
UNDERGROUND CIRCUITS AND EQUIPMENT NECESSARY OR
CONVENIENT TO SUPPLY SAID CITY AND THE INHABITANTS
THEREOF AND OTHERS WITH ELECTRIC ENERGY FOR LIGHT, POWER
AND OTHER PURPOSES, UPON, OVER, ALONG, UNDER AND ACROSS
THE STREETS, ALLEYS, ROADS AND OTHER PUBLIC WAYS AND
PLACES WITHIN THE CORPORATE LIMITS OF SAID CITY, FIXING
THE TERMS AND CONDITIONS THEREOF, AND PROVIDING FOR THE
MANNER OF DETERMINATION OF THE EFFECTIVE DATE THEREOF,
AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN
CONFLICT HEREWITH, AND DECLARING AN EMERGENCY.
CITY COUNCIL MEETING MINUTES - FEBRUARY 23, 1993 - PAGE 5
d. Council Roll Call Vote on Ordinance No. 93-07: Council
President Schwartz; Councilors Fessler, Hawley, and Hunt
voted "Aye."
Ordinance No. 93-07 was adopted by a unanimous vote of
Council present.
e. ORDINANCE NO. 93-08 - AN ORDINANCE RENEWING THE FRANCHISE
OF GTE NORTHWEST INCORPORATED, A WASHINGTON CORPORATION,
ITS SUCCESSORS AND ASSIGNS, GRANTING THE RIGHT TO PLACE,
ERECT AND MAINTAIN POLES, WIRES AND OTHER APPLIANCES AND
CONDUCTORS AND TO LAY UNDERGROUND WIRES FOR THE
TRANSMISSION OF ELECTRICITY FOR COMMUNICATION PURPOSES
IN, UPON, UNDER AND OVER THE STREETS, ALLEYS, AVENUES,
THOROUGHFARES AND PUBLIC HIGHWAYS OF THE CITY OF TIGARD,
OREGON, AND TO CONDUCT A GENERAL COMMUNICATION BUSINESS
WITHIN THE CITY OF TIGARD; AUTHORIZING THE MAYOR TO ENTER
INTO SUCH AGREEMENT; AND REPEALING ALL ORDINANCES AND
PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING
AN EMERGENCY.
f. Council Roll Call Vote on Ordinance No. 93-08: Council
President Schwartz; Councilors Fessler, Hawley, and Hunt
voted "Aye."
Ordinance No. 93-08 was adopted by a unanimous vote of
r Council present.
t 6. NON-AGENDA ITEMS
a. Withdrawal from Tigard Water District - Consideration of
Resolution Calling for a Public Hearing: City
Administrator explained the proposed resolution presented
to Council which calls for a for a public hearing on the
question of withdrawal from the Tigard Water District.
This withdrawal is in concert with other participants
with the joint water agency and is the product of
negotiation over a long period of time. The public
hearing is scheduled for March 23, 1993, at 7:30 p.m.
Motion by Councilor Fessler, seconded by Councilor
Hawley, to adopt Resolution No. 93-08.
RESOLUTION NO. 93-08 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF TIGARD, OREGON, FIXING THE DATE, TIME AND
PLACE FOR A PUBLIC HEARING ON THE QUESTION OF WITHDRAWAL
FROM TIGARD WATER DISTRICT.
The motion was approved by a unanimous vote of Council
Present. (Council President Schwartz and Councilors
Fessler, Hawley, and Hunt voted "Aye.")
CITY COUNCIL MEETING MINUTES - FEBRUARY 23, 1993 - PAGE 6
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b. Reauest to iaopen Public Hearing on Vista Point
( Development: City Administrator noted that staff
requests the reopening of the public hearing on Vista
Point and that this public hearing be sclieC711led fui•
13.
Motion by Councilor Hunt, seconded by Councilor Fessler,
to direct staff to reopen the public hearing on the Vista
Point development and reschedule the hearing as requested
by staff.
The motion was approved by a unanimous vote of Council
Present. (Council President Schwartz and Councilors
Fessler, Hawley, and Hunt voted "Aye.")
C. Update on Downtown Improvement Efforts: Councilor
Fessler updated Council on a recent meeting with 20 Main
Street business owners. A list several items for
downtown improvements was developed. Staff is
researching information on costs.
7. EXECUTIVE SESSION: The Tigard City Council went into
Executive Session at 8:55 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.
8. ADJOURNMENT: 9:22 p.m.
At e j erine Wheatley, City Reco er
ayor, i y of Tigard
Date: /0014,z
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=0223 .93
CITY COUNCIL MEETING MINUTES - FEBRUARY 23, 1993 - PAGE 7
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COMMUNITY NEWSPAPERS, INC. Legal
P.O. BOX 370 PHONE (503) 664-0360 Notice TT 7487
BEAVERTON, OREGON 97075
Legal Notice Advertising
® City of Tigard F C E I V E D • Tearsheet Not
PO box 23397
® Tigard, OR 97223 MAR 2, 2 1993 ® O Duplicate Afftc II q~~ ~
CITY Ui rIGARi) 0 8',,,; 2
AFFIDAVIT OF PUBLICATION
STATE OF OREGON, )ss 4 '`3
COUNTY OF WASHINGTON,
Judith Koehler
being first duly sworn, depose and say that I am the Advertising
Director, or his principal clerk, of the Tigard Times
a newspaper of general circulation as defined in ORS 193.010 s,a:c~
and 193.020; published at 'N QR d in the
afo said,c ~nty end s t • tha`` h
64assit°ication otha ~&d. 93'07 & 9308
' o g
a printed copy of which Is hereto annexed, was published in the d
entire Issue of said newspaper for One successive and
consecutive in the following Issues:.
March 11, 1993 ti
Subscribed and sworn t before me this 114-1,Anti Of March, 1993.
i
Notary Public for Cregon
My Commission Expires: AFFIDAVIT -
i
1
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i
COMMUNITY NEWSPAPERS, INC. Leaal i
P.O. BOX 370 PHONE (503) 684.0360 Notice IT 7477
BEAVERTON, OREGON 97075
i
Legal Notice Advert:
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o City of Tigard
❑ Tearsheet Notice c.0 tea. a
PO Box 23397
e g C E I V 0 `p' o
Tigard, OR 97223 R ® ❑ Duplicate Affidavit
61993A M~
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IGARJ
F jIGARD
C1TY ~
Q t~ AFFIDAVIT OF PUBLICATION a :
STATE OF OREGON, )
COUNTY OF WASHINGTON, )ss.
pZ ,
Judith Koehler
being first duly sworn, depose and say fat Ism the Advertising 00
11tH
Director, or his principal clerk, of the -gam a i
a newspaper of
general circulation as defined in ORS 133.010
and 193.020; published atMLgard Times in the - ~ ~ • ~ , ~ i
of esaio co ty ancd~ qUy to 4h t the
earinggardater istrict Withdrawal
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for TWO successive and v,o" 2'L4a.
consecutive in the following issues:
March 11 & 182 1993
Subscribed and swor to before me this 18th day of March, 1993.
i
Notary Public for Oregon
My Commissio xpires:
AFFIDAVIT
COMMUNITY NEWSPAPERS, INC. Legal TT 7456
P.O. BOX 370 PHONE (603) 684.0360 Notice
BEAVERTON, OREGON 97075
Legal Notice Advertising
RECEIVED
° City of Tigard ' ❑ Tearshet The following meeting highlights are published for your information. Full
OFF, s 1993 agendas may be obtained from the City Recorder, 13125 S.W. Halt
PO Box 23397 ❑ Duplicate 3oulevw4, Tigard, Omgon 97223, or by calling 639 4171
° Tigard, Or 97223 Il Y OF f IGARD CITY COUNCIL BUSINESS MEETING
FEBRUARY 23i 1993
TIGARD CITY HALL-TOWN HALL,
13125 S.W. HALL BOULEVARD, TIGARD, OREGON
Study Meeting (Town Hall Conference Room) (6:30 P.M.)
AFFIDAVIT OF PUBLICATION
STATE OF OREGON, Business Mewing (Town Hall) (7:30 P.M.)
)
COUNTY OF WASHINGTON, as.
Council Consideration:
Judith Koehler e Resolution: Stating Intent to Solicit Consent for Annexation for the
being first duly sworn, depose and say that I am the Advertising Area Known as the Walnut Island.
Director, or his principal clerk, of the '-A Timers
a newspaper of general circulation as defined in ORS 193.010 .
and 193.020; published Ordinances: Consideration of GTE and PGE Franchise Agreement
at in the
aforesaid county and state; tha the Renewal.
Li ty-Council a-'gin ess Meeting
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for One successive and Executive Session: The Tigard City Council may go into Executive Ses-
consecutive in the following Issues: sion under the provisions of ORS 192.660 (1) d), (e), & (h) to discuss
labor relations, real property transactions, current and pending litigation
February 18, 1993 issues.
M456 -Publish February 18, 1993.
Subscribed and sworn o before me this 18th day of February 1993
i
Notary Public for Oregon
My Commissio x
AFFIDAVIT l
'C
CITY OF TIGARD, OREGON
AFFIDAVIT OF POSTING
In the Matter of the Proposed
STATE OF OREGON )
County of Washington ) ss.
City of Tigard )
I, begin first duly sworn, on oath,
depose and say:
That I posted in th following public anted conspicuous places, a copy of Ordinance
Number (s)
-yen q
which were adopted at the Council Meeting dated
copy(s) of said ordinance(s) being hereto attached a by reference made a part hereof,
on the day of d ^ , 19 ,
1. Tigard Civic Center, 13125 SW Hall Blvd., Tigard, Oregon
2. West One Bank, 12260 SW Main Street, Tigard, Oregon
3. Safeway Store, Tigard Plaza, SW Hall Blvd., Tigard, Oregon
4. Albertson's Store, Corner of Pacific Hwy. (State Hwy. 99) and SW Durham
Road, Tigard, Oregon
C
-LA-& P-) InA Ll
Subscribed and sworn to before me this day of 19 .
~r OFFICIAL SEAL
CONNIE MARTIN Notary Public for Oregon
NOTARY PUBLIC • OREGON
` COMMISSION No 015677
MY COMMISSION EXPIRES JUNE 4, 1996 My Commission Expires:
loginjo\affpost
CITY OF TIGARD, OREGON
ORDINANCE NO.93 22
AN ORDINANCE RENEWING THE FRANCHISE OF PORTLAND GENERAL ELECTRIC COMPANY, AN OREGON
CORPORATION, ITS SUCCESSORS AND ASSIGNS, FOR A PERIOD OF TWENTY YEARS FROM AND AFTER
THE EFFECTIVE DATE OF THIS ORDINANCE, GRANTING THE RIGHT AND PRIVILEGE TO ERECT,
CONSTRUCT, MAINTAIN AND OPERATE WITHIN THE CORPORATE LIMITS OF THE CITY OF TIGARD,
OREGON, AS SUCH LIMITS NOW EXIST OR MAY BE HEREAFTER CONSTITUTED, AN ELECTRIC LIGHT AND
POWER SYSTEM WITH THE POLES, WIRES, FIXTURES, UNDERGROUND CIRCUITS AND EQUIPMENT
NECESSARY OR CONVENIENT TO SUPPLY SAID CITY AND THE INHABITANTS THEREOF AND OTHERS
WITH ELECTRIC ENERGY FOR LIGHT, POWER AND OTHER PURPOSES, UPON, OVER, ALONG, UNDER AND
ACROSS THE STREETS, ALLEYS, ROADS AND OTHER PUBLIC WAYS AND PLACES WITHIN THE
CORPORATE LIMITS OF SAID CITY, FIXING THETERMS AND CONDITIONS THEREOF, AND PROVIDING FOR
THE MANNER OF DETERMINATION OF THE EFFECTIVE DATE THEREOF, AND REPEALING ALL
ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND DECLARING AN EMERGENCY.
WHEREAS, the twenty year franchise for electric, light and power system facilities and services provided by
Portland General Electric Company, described in the title of this ordinance is now before the City Council for
renewal. The Council believes that the franchise should be renewed under the terms and conditions set forth in
Exhibit "A", attached hereto, and by this reference made a part hereof.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1. The terms and conditions of the attached franchise agreement, Exhibit "A", are hereby approved
and adopted as part of this ordinance as if specifically set forth.
SECTION 2. The Mayor is authorized and directed to sign the attached agreement on behalf of the Council.
1 SECTION 3. Because of the need to have stable electrical energy and a stable revenue flow to the City from
franchise fees, an emergency is declared and this ordinance shall take effect upon its passage.
SECTION 4. The City Council determines that the fee imposed by this franchise is not a tax subject to the
property tax limiations of Article Xl, Section 11 (b) of the Oregon Constitution.
SECTION 5. This ordinance shall replace and repeal the prior franchise with Portlant General Electric Company,
Ordinance No. 72-55 adopted on October 9, 1972.
PASSED: By d flit r1 r mL)uS vote of all Council members present after being read by number and
title only, this Q316 day of t 1993.
Q~ t?
Ckatherin6 Wheatley, City Recorder
APPROVED: This day of ~2 [cLn~, 1993.
Approved as to for : ohn Schwartz, Council President
City Attorney
Z,2~•~3
Date
ORDINANCE No. 93-07
Page 1
EXHIBIT "A"
r
A FRANCHISE AGREEMENT BETWEEN THE CITY OF TIGARD AND PORTLAND GENERAL ELECTRIC
COMPANY, AN OREGON CORPORATION.
SECTION 1: That Portland General Electric Company, an Oregon corporation, hereinafter sometimes
referred to as the "Company," is hereby granted, subject to the terms and conditions
hereof, the franchise right and privilege to erect, construct, maintain and operate an electric
light and power system within the corporate limits of the City of Tigard, herein sometimes
referred to as the "City," as the same now exist, or may be hereafter constituted, and the
franchise right and privilege to erect, construct, maintain and operate poles, wires, fixtures,
equipment, underground circuits and other property necessary or convenient to supplying
the City and the inhabitants thereof and other persons and territory with electric energy for
light, power and other purposes, upon, over, along, under and across the streets, alleys,
roads and other public ways and places within the corporate limits of the City as the same
now are or may be hereafter constituted.
It is understood that this agreement can not grant approval for any company activity, herein
anticipated, which may be on, over or under any State or County road.
All poles, wires, fixtures, equipment, underground circuits and other property owned or in
possession of the Company now located within the corporate limits of the City shall be
deemed to be covered by the terms of this ordinance and to be located in accordance
therewith, and the location and placement thereof is hereby approved.
SECTION 2: That all rights and privileges hereby granted shall be effective as of the date of signature
and shall terminate at the expiration of twenty years from said date, except that in the
event the Company shall fail, neglect or refuse for thirty (30) days after demand in writing
by the City to perform any or all of the obligations or requirements set forth in this
ordinance to be performed by the Company, then the rights and privileges herein granted
may be terminated and annulled by the City Council or other legislative body of the City,
and the Company shall forfeit all rights and privileges hereby granted. This franchise shall
be subject to any and all State and Federal legislative enactments.
SECTION 3: The Company shall file with the City Engineer or designee maps and materials showing
all proposed underground construction work to include the installation of additional facilities
or relocation or extension of existing facilities within any street, alley, road or other public
way or place. The City will review the submittals and notify the Company of any
requirements. For repair work or other work not considered underground construction as
stated above, the Company shall if possible, notify the City of the location and general
description of the work before beginning work.
All work shall be done in a reasonably safe manner taking into account City standard traffic
control procedures and in accordance with requirements of applicable Federal or State
laws or City Ordinances. In emergencies such filings shall occur within thirty (30) days of
completion of emergency construction work.
ORDINANCE No. 93--0-
EXHIBIT "A"
Page 1 of 6
4<
SECTION 4: That the Company, under the direction of the City or its properly constituted authorities,
may make all necessary excavations in any street, allay, road or other public way or place
for the purpose of erecting, constructing, repairing, maintaining; removing and relocating
poles and other supports for its wires, conductors, lights or street lights; and laying,
repairing and maintaining its underground conduits and pipes; and for placing, maintaining
and operating its wires and conductors. All poles of the Company shall be erected at the
outside edge of the sidewalk unless otherwise directed by the proper City authon-fif-cs.
SECTION 5: That when any excavation shall be made pursuant to the provisions of this ordinance, the
_ Company shall restore the portion of the street, alley, road or public way or place to the
same condition to which it was prior to the excavation. All such work shah be done in strict
compliance with the rules, regulations, ordinances or orders which may be adopted from
time to time during the continuance of this franchise by the City Council, City Engineer, or
as may be otherwise provided by law. The City shall have the right to fix a reasonable
time within which such repairs and restoration shall be completed and upon failure by the
Company to make such repairs and restoration, the City may cause such repairs and
restoration to be made at the expense of the Company.
SECTION 6: That the City, by its properly constituted authorities, shall have the right to cause the
Company to move the location of any Company structure in the public right-of-way
whenever the relocation thereof shall be for public necessity, and the expense thereof shall
be paid by the Company.
SECTION 7: That nothing in this ordinance shall be construed as in any way to prevent the City from
sewering, grading, paving, planking, repairing, widening, altering or doing any work that
may be desirable on any of the streets, alleys, roads or public ways or places; but all such
work shall be done, if possible, in such manner as not to obstruct, injure or prevent free
use and operation of the said electric light and power system of the Company. Upon
request by the City, the Company shall locate any underground conduit or equipment
belonging to the Company, as required for the preparation of construction drawings.
SECTION 8: That whenever it shall be necessary in sewering, grading,removing obstructions, or making
improvements for safety, or in making any other improvement in any street, alley, road or
public way or place, to relocate any pole, underground conduit or equipment belonging
to the Company or on which any light, wire or circuit of the Company shall be stretched
or fastened, the Company shalt, upon written notice from the City, or its properly
constituted authorities, relocate such pole, underground conduit, equipment, light, wire or
circuit. In the instance of a construction or reconstruction project, Company shall have
thirty (30) days within which to comply. If Company fails, neglects or refuses to do so, the
City, by its properly constituted authorities, may relocate the same at the expense of the
Company. Prior to any such relocation the City shall provide for suitable location for such
relocated facilities sufficient to maintain services. If City requests, when relocation is
necessary, Company shall supply a feasibility report, including costs for undergrounding
said facilities in an alternate location.
SECTION 9: Whenever it becomes necessary to temporarily rearrange, remove, lower or raise the aerial
cables or wires or other apparatus of the grantee to permit the passage of any building,
machinery or other object, the said grantee will perform such rearrangement on seven (7)
days' written notice from the person or persons desiring to move said building, machinery
or other objects. Said notice shall bear the approval of such official as the City may
ORDINANCE No. 93- 0-7
EXHIBIT "A"
Page 2 of 6
C
designate, shall detail the route of movement of the building, machinery, or other objects,
shall provide that the costs incurred by the grantee In making such rearrangements of its
aerial plant will be borne by the person or persons giving said notice and shall further
provide that the person or persons giving said notice will indemnify and save said grantee
harmless of and from any and all damages or claims of whatsoever kind or nature caused
directly or indirectly from such temporary arrangement of the aerial plant of the grantee,
and, if required by Grantee, shall be accompanied by a cash deposit or a good and
sufficient bond to pay any and all such costs as estimated by grantee.
SECTION 10: That the rights and privileges granted by this ordinance are granted upon the conditions
herein contained and also upon the following considerations and conditions to wit:
(a) That Portland G-eneral Elactr c Company shall, within sixty (60) days from the
passage of this ordinance, file with the City Recorder of the City of Tigard its
written acceptance of this ordinance, subject to all the terms, obligations,
restrictions and provisions of this ordinance, and upon the expiration of the allotted
time for the acceptance of this ordinance, the same not having been accepted
unconditionally, then this ordinance shall become wholly void, inoperative and of
no effect.
(b) That in consideration of the rights and privileges herein granted, the Company
shall pay to the City a franchise fee for each full calendar year during the fife of
this franchise beginning with the year 1993 an annual fee of three and one-half (3-
1/2) percent of the gross revenue as defined herein for the immediately preceding
calendar year. However, in the event any City or municipal corporation served by
PGE shall charge PGE a franchise fee of more than 3-1/2 percent, and PGE does
not, or is not permitted to itemize or bill any fee, or excess fee, to customers within
that City then City shall forthwith be informed and shall have the right to require
and shall receive, if it shall so elect, the same percentage fee as shall be charged
by such other City or municipal corporation on PGE's gross revenue within the City
as defined in the ordinance.
Gross revenue as used in this ordinance shall be deemed to include any revenue
earned within the City from the sale of electric energy after adjustment for the net
write-off of uncollectible accounts computed on the average annual rate for the
entire Company and excluding sales of electric energy sold by the Company to
any public utility when the public utility purchasing such electric energy is not the
ultimate consumer. A public utility as defined herein is any individual, partnership,
cooperative, corporation or government agency buying electric energy and
distributing such electric energy to other customers or users.
(c) Within the limits prescribed by any applicable PUC rulings as now exist or as may
hereafter be modified, the fee provided for in this Section shall be considered as
an operating expense of PGE and shall not be itemized or billed separately to
consumers within the City.
(d) That in consideration of the agreement of the Company to make such payments
and except as otherwise provided herein, the City agrees that no license, tax or
charge on the business, occupation or franchise of the Company shall be imposed
upon, exacted from or required of the Company by the City during the term of this
ordinance, but this provision shall not exempt the property of the Company from
lawful ad valorem taxes.
ORDINANCE No. 93-0-7
EXHIBIT "A"
Page 3 of 6
(e) That on or before the first day of March, 1993, and on or before said day of each
year thereafter during the term of this franchise, the Company shall file with the
City Recorder a statement under oath showing the amount of gross revenue of the
Company within the City on the basis outlined in paragraph (b) hereof for the
calendar year immediately preceding the year in which the statement is filed. The
annual franchise fee for the year in which the statement is filed shall be computed
on the gross revenue so reported. Such franchise fee snail be payable annually
on or before the first day of April beginning in the year 1993. Upon receipt of such
annua! payment the City shall issue a receipt therefor, which shall be full
acquittance of the Company for the payment. City reserves the right to conduct,
or cause to be conducted, an audit of gross revenues as defined herein. if
controversy arises as to the amount of gross revenue within the meaning of this
ordinance, the amount of such gross revenue as determined by the Public Utility
Commission of Oregon after examination of the Company's records shall be
deemed the correct amount. Any difference of payment due either the City or the
Company through error or otherwise shall be payable within fifteen (15) days of
discovery of such error. Should the Company fail or neglect to pay any of said
annual payments provided for in this Section for thirty (30) days after any annual
payment shall become due and payable and after thirty (30) days' written notice
from the City, the City, by its properly constituted authority, may at its option either
continue this franchise in force and/or proceed by suit or action to collect said
payment or declare a forfeiture of this franchise because of the failure to make
such payment but without waiving the right to collect earned franchise payments.
(f) That the City reserves the right to cancel this franchise at any time upon one
year's written notice to the Company in the event that the City decides to engage
in public ownership of light and power facilities and the public distribution of
electric energy.
(g) That the Company shall permit the City to string wires on poles of the Company
for municipal fire, police and water departments, and for municipal telephone,
television, telegraph and traffic signal systems and to attach to the top of any pole
city fire alarm and police signals, provided that such wires and signals shall be
strung so as to interfere as little as possible with the wires of the Company and
to conform to the provisions of the National Electrical Safety Code; and further,
that the City shall indemnify and hold the Company harmless from loss or damage
resulting from damage to property or injury or death to city employees or the public
arising from or connected with the use of said poles by the City.
(h) That the Company shall not during the term of this franchise sell, assign, transfer
or convey this franchise without the consent of the City Council expressed by
ordinance first obtained, and that upon obtaining such consent all of the provisions
shall inure to and bind the successors and assigns of the Company; and
whenever the Portland General Electric Company shall be mentioned in this
ordinance, it shall be understood to include such successors or assigns in interest
of the Portland General Electric Company as shall have been so consented to by
the Common Council.
(i) PGE shall erect, maintain, and use poles, wires, cables, ducts, appliances, and
apparatus in accordance with the National Electric Safety Code pertaining to the
erecting and maintenance of the same, now or hereafter provided.
(j) That the Company shall render the service hereby authorized to be supplied upon
equal terms without unjust discrimination or undue preference to any users within
the City.
ORDINANCE No. 93-0 7
EXHIBIT "A"
Page 4 of 6
9
(k) The City shall-retain the right, as permitted by Oregon Law, to charge a privilege
tax in addition to the franchise fee set forth herein in an amount not to exceed one
and one half percent (1 1120/6), based on the gross revenues of the Company.
(1) The City shall have the right to renegotiate the franchise fee payable by the
Company, H:
• At the end of each five-year interval hereof, there has been a substantial
change of circumstances affecting the reasonableness of said fee; or
• There are judicial or Attomey General opinions, Public Utility Commission
rulings or statutory amendments which affect the City's collection of the
franchise fee, what portion of the fee is paid directly by the local users, or
the amount or percentage of the franchise fee.
The City shall be responsible for providing written notice to Company stating its
desire to renegotiate and the justification for the request. The parties shall meet
within thirty (30) days of the notice with a goal of reaching agreement within sixty
(60) days of the initial meeting.
(m) If the State of Oregon or the PUC amends or adopts a state statute or
administrative rule that would affect a material term, condition, right, or obligation
under this agreement, either party may reopen the Franchise at any time with
regard to such material term, condition, right or obligation in order to address the
change required or allowed by the new or amended state statute or administrative
rule.
SECTION 11: That the rates to be charged by the Company for electric energy shall be such as may be
fixed or approved by the Public Utility Commission of Oregon, or any other governmental
official, commission or body having jurisdiction.
SECTION 12: That the Company hereby agrees and covenants to indemnify, save harmless, and defend
the City, its elected and appointed officials, officers, agents, employees, and volunteers
thereof against all damages, costs and expenses whatsoever to which it or they may be
subjected in consequence of negligence of the Company, or its agents or servants, in any
manner arising from the rights and privileges hereby granted.
SECTION 13: That the franchise hereby granted shall not be exclusive and shall not be construed as any
limitation on the City to grant rights, privileges and authority to other persons or
corporations similar to or di ferent from those herein set forth.
SECTION 14: That all rights, authority and grants herein contained or conferred are also conditioned
upon the understanding and agreement that these privileges in the streets, alleys, roads
and other public ways and places of the City are not to operate in any way so as to be an
enhancement of the Company's properties or values or to be an asset or item of ownership
in any appraisal thereof.
SECTION 15: It is expressly understood that certain streets, roads and public ways within the City are
under the jurisdiction of either the State of Oregon or Washington Courty. This "rainarce
does not intend to convey any rights on, under or over facilities under such jurisdictions.
( ORDINANCE No. 93- 67
EXHIBIT "A"
Page 5 of 6
• s f
SECTION 16: It is necessary for the peace, health and safety of the people of the City that an
arrangement be made immediately with the Company governing the continued use of
public property within the City; therefore, an emergency is hereby declared to exist, and
this ordinance shall be in full force and effect upon its passage by the Council and
approval by the Mayor.
DATED this day of - i°-t?Jt! 1993.
I~
By:
John Schwartz, Council President
ATTEST:
Cathen Wheatley
City Recorder
OPDINAN"E No. 93- y~
EXHIBIT "A"
Page 6 of 6
CITY OF TIGARD, OREGON
ORDINANCE NO. 93-09
AN ORDINANCE RENEWING THE FRANCHISE OF GTE NORTHWEST INCORPORATED, A WASHINGTON
CORPORATION, ITS SUCCESSORS AND ASSIGNS, GRANTING THE RIGHT TO PLACE, ERECT AND
MAINTAIN POLES, WIRES AND OTHER APPLIANCES AND CONDUCTORS AND TO LAY UNDERGROUND
WIRES FOR THE TRANSMISSION OF ELECTRICITY FOR COMMUNICATION PURPOSES IN, UPON, UNDER
AND OVER THE STREETS, ALLEYS, AVENUES, THOROUGHFARES AND PUBLIC HIGHWAYS OF THE CITY
OF TIGARD, OREGON, AND TO CONDUCT A GENERAL COMMUNICATION BUSINESS WITHIN THE CITY OF
TIGARD; AUTHORIZING THE MAYOR TO ENTER INTO SUCH AGREEMENT; AND REPEALING ALL
ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY.
WHEREAS, The ten year franchise for the communication facilities and services provided by the GTE Northwest
Incorporated, described in the title of this ordinance is now before the City Council for renewal. The Council
believes that the franchise should be renewed under the terms and conditions set forth in Exhibit A, attached
hereto, and by this reference made a part hereof.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1. The terms and conditions of the attached franchise agreement, Exhibit A, are hereby approved and
adopted as part of this ordinance as if specifically set forth.
SECTION 2. The Mayor is authorized and directed to sign the attached agreement on behalf of the Council.
SECTION 3. Because of the need to have stable telephone communication and the need to have a stable
revenue flow to the City from franchise fees, an emergency is declared and this ordinance shall
take effect upon its passage.
SECTION 4. The City Council determines that the fee imposed by this franchise is not a tax subject to the
property tax limitations of Article XI, Section 11 (b) of the Oregon Constitution.
SECTION 5. This ordinance shall replace and repeal the prior franchise with GTE Northwest Incorporated,
Ordinance No. 82-12 adopted March 8, 1982 and any amendments thereto.
PASSED: By Uf)&'- i IOU5 vote of all Council members present after being read by number and title only,
this •,d day of 11•J,4A( , 1993.
Ca erine Wheatley, City Recorder
APPROVED: This,~3r- day of - Cix v-s g V1993. /
i t
ohn Schwartz, Cou cil President
Approved s to form:
City Attorney
Date
ORDINANCE No. 93-
Pagel
EXHIBIT "A"
A franchise agreement between the City of Tigard and GTE Northwest Incorporated, a Washington corporation.
SECTION 1. Subject to the other terms and conditions set forth in this document there is hereby granted by the
City of Tigard to the GTE Northwest Incorporated, Inc., a Washington Corporation, (herein referred
to as "Grantee"); its successors and assigns; subject to the development ordinances and
regulations of the City, the right and privilege to conduct a general communication business within
the said City, or such other public property as may come within the jurisdiction of the City during
the term of this agreement. This for the purpose of furnishing, as a public utility the products and
services utilized in providing telephone, telegraph, and other communication products and services.
This grant includes the right to erect, construct, place, replace, reconstruct, lay, maintain, and
operate poles, wires, switching equipment, amplifying equipment, fixtures, facilities, appliances,
structures and other devices including, but not limited to, electronic, optical and mechanical devices
customarily associated with Grantee's function, and purpose of serving as a common carrier of
information for communication purposes.
SECTION 2. It shall be lawful for Grantee to make all needful and necessary excavations in any of said streets,
alleys, avenues, thoroughfares and public highways.
SECTION 3. The Grantee shall file with the City Engineer or designee maps and materials showing all proposed
underground construction work to include the installation of additional facilities or relocation or
extension of existing facilities within any street, alley, road or other public way or place within the
corporate limits of the City. The City will review the materials submitted and notify the Grantee of
any City requirements. For repair work or other work not considered underground construction as
stated above, the Grantee shall, if possible, notify the City of the location and general description
of the work before beginning work.
All work shall be done in a reasonably safe manner taking into account City standard traffic control
procedures and in accordance with requirements of applicable federal laws, state laws, or City
ordinances. In emergencies, such filings shall be submitted with thirty (30) days of completion of
emergency construction work.
SECTION 4. When any excavation shall be made pursuant to the provisions of this ordinance, the Grantee shall
restore the portion of the street, alley, road, or public way or place to the same condition to which
it was prior to the excavation. All such work shall be done in strict compliance with the rules,
regulations, ordinances or orders which may be adopted from time to time during the continuance
of this franchise by the City Council or City Engineer or as may be otherwise provided by law. The
City shall have the right to fix a reasonable time within which such repairs and restoration shall be
completed and upon failure of such repairs and restoration being made by grantee, City shall cause
such repairs to be made at the expense of grantee.
SECTION 5. The Grantee hereby agrees and covenants to indemnify, save harmless and defend the City and
its officers, agents and employees from any and all damages, costs and expenses or claims of any
kind whatsoever, or nature, arising from any injury to persons or property by reason of the
negligent act or omission of the Grantee, its agents or employees in exercising the rights and
privileges granted hereunder and by this franchise.
ORDINANCE No. 93- L;,)
Exhibit "A"
Page 1 of 3
SECTION 6. The City, by its properly constituted authorities, shall have the right to cause the grantee to move
the location of any pole, underground conduit or equipment belonging to grantee whenever the
relocation thereof shall be for public necessity, and the expense thereof shall be paid by the
grantee. Whenever it shall be necessary for public necessity to remove any pole, underground
conduit or equipment belonging to grantee or on which any wire or circuit of the grantee shall be
stretched or fastened, the grantee, shall, upon written notice from the City, or its properly
constituted authorities, meet with the City Engineer and agree in writirg to a plan and date cerialr's
to remove such poles, underground conduit, equipment, wire or circuit, at grantee's expense, and
If the grantee fails, neglects or refuses to do so, the City, by its properly constituted authorities,
may remove the same at the expense of the grantee.
SECTION 7. All notices and approvals required under this Agreement shall be in writing. The Grantee shall
provide the City with the name, position and phone number of Grantee staff that can be contacted
for administration of this Agreement and for contact with construction-related questions and
comments.
Such notices and approval shall be directed to the City as follows:
City Engineer City of Tigard
13125 SW Hall Blvd., Tigard, Oregon 97223
(503) 639-4171
SECTION 8. Upon request of the City, the grantee shall provide available plans and locate any underground
conduit or equipment belonging to grantee, as required for the preparation of construction
drawings.
SECTION 9. Whenever it becomes necessary to temporarily rearrange, remove, lower or raise the wires, cables
or other plant of grantee for the passage of buildings, machinery or other objects, grantee shall
temporarily rearrange, remove, lower or raise, its wires, cables or other plant as the necessities
of the case require; provided, however, that the person or persons desiring to move any such
buildings, machinery or other objects, shall pay the entire actual cost to grantee of changing,
altering, moving, removing or replacing its wires, cables or other plant so as to permit such
passage, and shall deposit in advance with grantee a sum equal to such cost as estimated by
grantee and shall pay all damages and claims of any kind whatsoever, direct or consequential,
caused directly or indirectly by changing, altering, moving, removing or replacing of said wires,
cables or other plant, except as may be occasioned through the sole negligence of grantee,
grantee shall be given not less than ninety-six (96) hours written notice by the party desiring to
move such building or other objects. Said notice shall detail the route of movement of such
building or other objects over and along the streets, alleys, avenues, thoroughfares and public
highways and shall bear the approval of the City. Such moving shall be with as much haste as
possible and shall not be necessarily delayed or cause grantee unnecessary expense or waste of
time.
SECTION 10. In consideration of the rights and privileges hereby granted, City shall have, and grantee hereby
grants to it, the right and privilege to suspend and maintain wires and necessary control boxes on
poles placed by the grantee in the streets, and other places aforesaid, or 'rf such wires are placed
underground, to place/maintain in the pipes or conduits of grantee, if space therein is available,
wires which City may require for fire, police and traffic signal purposes. All such wires shall be
placed on the poles or in conduits so as not to interfere with communication service and shall not
carry currents or voltage dangerous to telephone plant or telephone users and all installation,
ORDINANCE No. 93--N
Exhibit "A"
Page 2 of 3
a
maintenance and repairs shall be subject to the rules, regulations and supervision of the grantee.
City agrees in consideration of the establishment of this service and the furnishing of such faculties
to hold grantee entirely free and harmless from all claims or liability for damage which may arise
out of the operation of these special services.
SECTION 11. As further consideration, grantee agrees to pay to the City five percent (51016) of the gross revenues
derived from exchange awoss services, as defined in ORS 401.710 within the city limits. Such
payments shall be made to the City every six months for the life of this agreement on or before
March 15 for the six month period ended December 31, and September 15 for the six month period
ended ,iune 30.
The City shall have the right to change the percentage of gross revenues set forth above at any
time during the life of this agreement provided it has made such notice in writing at least 180 days
prior to the effective date of any change.
The City shall have the right to conduct or cause to be conducted, an audit of gross revenues as
defined herein. Such audits may be conducted at two year intervals beginning two years after the
effective date of this agreement. The City shall conduct the audit at its own expense. Any
difference of payment due either the City or Grantee through error or otherwise as agreed upon
by both the City and Grantee, shall be payable within sixty (60) days after discovery of such error.
SECTION 12. The rights, privileges and franchise hereby granted shall continue to be in full force for a period of
ten (10) years from the date of its passage and shall be subject to any and all State or Federal
legislative enactments. However, this franchise shall be inoperative unless it is accepted in writing
by the Grantee within sixty (60) days after the date of its passage.
SECTION 13. This Agreement shall take effect and be in force on its day of signature, and the Grantee shall
conduct its general business within the City under franchise to be granted, in full compliance with
the terms hereof.
DATED this day of , 1993.
CITY OF TIGARD> J
OREGON a Mu /icipal C or n
By: .r•-
~c~~ra~d~cdcax
J n 5ch artz, Council President
ATTEST~~ 'ztLC (.f)lu
Catherine Wheatley
City Recorder
r
l
ORDINANCE No. 93- C
Exhibit "A"
Page 3 of 3
i
AGENDA ITEM NO. ~ - VISITOR'S AGENDA DATE: February 23.1993
(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.
STAFF
NAME & ADDRESS TOPIC CONTACTE
;tom
Q
ogm o wsitors.s t
.
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Dick Bewersdorff, Senior Planner
o
FROM: Cathy Wheatley, City Recorder C41
DATE: February 23, 1993
SUBJECT: Appeal of Staff Decision SDR 92-0021; Ruble/PDG (Taco
Time)
Dick, attached is the appeal received from NPO 3 (signed by Berman
Porter) reference the above-captioned Planning Staff Decision. I
understand that a representative from NPO 3 will appear at the
February 23, 1993 Council meeting to request a fee waiver for the
appeal.
Please advise the applicant of the appeal. If the Council approves
the fee waiver request, the NPO and applicant should be advised as
to the date the appeal hearing will be scheduled before the
Planning Commission. If the Council denies the fee waiver, the NPO
must submit the fee by 3 p.m. on the third working day after the
council meeting.
Thanks.
c: Ed Murphy, Community Development Director
Liz Newton, Community Relations Coordinator
Council File - February 23, 1993 Meeting
C
T _ RECC1 V E F
F~B 9
LAND USE DECISION APPEAL FILING FORM
The City of Tigard supports the citizen's right to CO UNITY DEV
participate in local government. Tigard's Land Use
Code therefore sets out specific requirements for
filing appeals on certain land use decisions.
The following form has been developed to assist you in
filing an appeal of a land use decision in proper
form. To determine what riling fees will be required
or to answer any questions you have regarding the
appeal process, please contact the Planning Division
or the City Recorder at 639-4171. ii
• 1. APPLICATION BEING APPEALED: s D 2 Z 00 -)-t y
2. HOW DO YOU QUALIFY AS A PARTY: fy l d~
3. SPECIFIC GROUNDS FOR APPEAL OR REVIEW:R " /V1 O
1
4. SC14EDULED DATE DECISION IS TO BE FINAL:
5. DATE NOTICE OF FINAL DECISION WAS GIVEN:
6. SIGNATURE (S)
~E-)t-x ~f-x-x-x-x-x-~~f-x-x-x-x-x-x-x~Ht-x~Ht-x-x-x-x-~t-x~E-x ~E~f-)HE-x-)tx x~Ht~(-~HHHHE-x-x-x-x~IHFIE~E-x-xif ~HHC-~E-x-x~E~(9HtiHt~E-1HE-It-)EAR-x~E
FOR OFFICE USE ONLY: ece ived B C I~ Date K3 Time:~3:30 j rn .
Approved As To Form By:, = Date ~ 3 Time:-
Denied As To Form By: Date: Time:
Receipt No. Amount:
x 9(-x x)(X X)( *Y-" x-x "-"-x-x-x*x X K
x x SHE x~E x~E x#x x x xjE x x x~E jciE fE~E x x~E x x xi(x x X i(~HE ~Ex x x xi(x x fEi(x~Fx ~t x~E
Ci 4EZ-
13125 SW Hail Blvd., P.O. Box 23397, Tigard, Oregon 97223 (503) 639-4171
S
f~
FEB-18-1993 14:30 FROM PGE COPii•UNDUST PROGRAMS TO 96248042 P.01
NP3 #3 ZSIN =S
February 17, 1993
1. A special meeting was called to prepare an appeal of the
Notice of Decision, Site Development Review SDR 92-0021.
2. Present - Bishop, Froude, Garner, Helm, Mortensen, Porter.
Absent - Hansen.
Meeting called to order at 7:30 p.m.
3. It was noted that the report title refers to the SDR as Taco
Time (Ruble) and in moot placco of the body, but occasionally
as Taco Bell. We assume that the development is to be a Taco
Bell as we had previously been informed.
4. NOTION: NPO #3 asks for an appeal of the Notice of Decision
of SDR 92-0021 Ruble/PDG (Taco Time) (Taco Bell?) to satisfy
the conccrne of the residents of NPO #3 as follows:
a. Approved and legal permits for shared access of the
driveway between tax lot 1800 and 1804 are filed and available
to the NPO before beginning development.
b. The information regarding Hot'n Now stated that it is to
be drive thru only, no inside seating, there should not be
shared parking for Taco Bell. Refer to the laeL paragraph of
page 2 regarding six parking spaces to be partially located on
lot 1900. This does not follow the original specifications of
the Hot'n Now development.
c. Page 4, item C (ODOT comments) states that a traffic study
-m-ay be required. NPO #3 requests Lhat the traffic study must
be required.
d. Page 9, Code Section 18.106.060.A - NPO #3 asks for a
clarification regarding possible site modifications and a
requirement that tax luL 1900 cannot be used to accommodate
the needs of tax lot 1804. Using tax lot 1900 for stacking to
lot 1804 is unacceptable to NPO ##3.
e. Page 9, Chaptez 18.108 - in light of the statement that
"Adequate access to the site would be provided by the
combination of the shared driveway from SW Pacific Highway and
the connection Lo SW Park Strget to the north through the
approved Hot'n Now development", NPO #3 asks that a center
turn lane be established on SW Park St. This request
coordinates with the last sentence on page 12, item 7
regarding maintaining "-existing levels of traffic safety" on
SW Park St_
f. Page 12, item 7 - states that the applicant shall provide
a traffic study. NPO #3 asks that this traffic study by the
applicant be required, complete and presented to our NPO
before final approval is given to the development.
g. NPO #3 asks for a waiver of the appeal fee.
Motion passed unaniaivusly.
cuunGl agenda T4e*n R1
TsGARD TUALATIN BOARD ARC OF F DIRECTORS
..e.........AT THE LAST MEETING...........
1772c fbllowing are the minutes far the January 21, 19593 joint meedngr of the Board and the City of
Tigard City Council. A tape recording of' the meetitr is on h7e at the office. The minutes are official
after Board approval at the next meeting./
CALL TO ORDER: Chairman Carlson called the joint meeting to
order at 7:30 p.m. at Tigard High School Board members present were Pat Biggs, Gary Cumpston,
Merrily Haas and Patti Thomas. City Council members present were Mayor Jerry Edwards, Paul
Hunt, Judy Fessler, John Schwartz and Pat Reilly, City Administrator
OTHERS ATTENDING: Dr. Russ Joki. Dr. Al Davidian, Frank Hodapp,
Susan Stark Haydon, Bud Hillman, Marilyn Adair, Mark Kubiaczyk. Maria Reed, Nancy Lee,Donna
Schmidt, Sue Kasson, Martha Bishop, Gena Corbet, Don Corbet, Michael Robinson, Ron Goodpaster,
Liz Newton, Ed Murphy, Rae Buwen
CITY TOPICS:
ANNEX6,TLOrI-PRo20sAL.S/B9ARD-&-COMMiT._RESTRUr-T IIYca:
Mayor Edwards discussed annexation proposals
and the restructuring of city advisory boards and committees. The City is combining existing boards
as part of the city's effort to show integration of issues and citizen involvement. He then called upon
Police Chief Ron Goodpaster to describe and review plans for the Oregon Together Project and the
Gang Task Force. The City has joined the anti-drug Project and will conduct key leader training in
early February. The City has received a $7400 grant which has been allocated to the gang task force
planning and inservice. Twality and Fowler Middle School faculties will be part of the training.
COMMUNITY- CENTER PROJECT. The Mayor described a community project is
underway to form a non-profit organization in an effort to buy the old fire station and convert it into
a community center. A bond election is proposed for March for this issue.
LOCAL GOVERNMENT. CURRICULUM: Mayor Edwards and the Council encouraged
cooperation between the City and the School District in developing a civics curriculum Classroom
study and discussion on local government should emphasize the City as the model, said City
Administrator Pat Reilly. Dr. Joki invited Mr. Reilly to a February 16 meeting of school principals at
9:00 a.m to discuss this issue.
SIDEWALK SAFETY: City Planncr Randy Woolley discussed pedestrian
safety and reviewed a map showing completed projects, upcoming projects that have been funded and
proposed projects. The Board and Council members discussed the need for greater pedestrian safety.
DISTRICT TOPICS:
BUDGET REDUCTIONS: Dr. Joki explained the District's projected budget
shortfall and the reductions that will be necessary. Included in the $6+ million reduction plan is the
District funded SRO officer. Dr. Joki described the history of the SRO program and asked the City to
continue one SRO, stressing the Gang Task Force Initiative and security in the schools.
Mayor Edwards said the City is also facing tight
budgets and that he could not guarantee continuation of the SRO program He also said the City needs
more information about District budget cuts so that he could support the District in the community.
The Mayor invited Dr. Joki to make a presentation to the City's Blue Ribbon Advisory Committee in
February as one way to inform city residents about the Districts budget problem Dr. Joki accepted the
invitation.
L11r1SL.A~lI~_PR4G1Ll~~i: Director Thomas described the District's
Legislativ^ Communication Plan. volunteer groups are being formed to meeting with legislators,
make phone calls and write letters, she said. Dr. Joki Invited City Council members to attend "Brown -
Bag" sessions with Washington County Legislators.
LONG RAI!iGM_ELAN: Director Biggs described the Districts Long Range
Task Force and its forthcoming report. She said the District continues to grow--at as much as 700
students a year--and that the District needs to buy land for future schools and build or remodel
facilities. The earliest date a bond election could be held in the District would be the fall of 1393.
sL NT_QPZRAT1QhM Bud 'Cullman reported on the cooperation with City
Council employees on sharing grounds maintenance equipment and staff. He said a number of
projects were planned for this Spring which could save money for the City and the District
COMMENTS FROM THE PUBLIC: No comments were heard from the public.
ADJOURNMENT: The meeting adjourned at 9:30 p.m.
1
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/ COUNCIL AGENDA ITEM 3. a
( CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: February 23, 1993 DATE SUBMITTED: 2/12/93
ISSUE/AGENDA TITLE: Authorization PREVIOUS ACTION:
for Right of Way Acquisition for VA-fl 'Lgerl~
72nd Ave - 99W intersection proldgMal PREPARED BY: Gar Alfson
DEPT HEAD OK CITY ADMIN OK REQUESTED BY:
ISSUt BEFORE THE COUNCIL
Shall the Council accept the agreement with the American Legion for the acquisition of their
property for Right of Way for the 72nd Avenue - 99W intersection project.
STAFF RECOMMENDLTION
Authorize acquisition of the American Legion property for $170,000 and payment of relocation
costs of $20,000.
INFORMATION SUMMARY
We have successfully negotiated the purchase of the American Legion property for $170,000,
which is within 6% of the appraisal, plus relocation costs of $20,000. The total amount is
within the amount authorized by Council. As previously reported, the acquisition is required
to construct the extension of 72nd Avenue to Pacific Highway. The existing building must be
f removed due to the amount of earthwork required to lower 72nd Avenue to Pacific Highway.
After the construction is complete we will request authorization to sell the surplus
property.
PROPOSED ALTERNATIVES
FISCAL NOTES
The 72nd Avenue - 99W Intersection right of way costs are funded from traffic impact fees
(TIF) under the 92-93 CIP budget.
ga\ss-7299w.row
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/ COUNCIL AGENDA ITEM 3.3
1
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: _ February 23, 1993 DATE SUBMITTED: February 11, 3.993
ISSUE/AGENDA TITLE: Public Works PREVIOUS ACTION:
Vehicle _ _ Purchase for Wastewater D
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OC4 PREPARED BY: john Rov
DEPT HEAD OK CITY ADMIN O REQUESTED BY: John Roy
ISSUE B FO THE COUNCIL
is
The issue before the Council is the approval of bid awards for vehicle
purchase.
STAFF RECOMMENDATION
1. Motion to award bid for cab and chassis to the lowest qualified bidder
(Guaranty Chevrolet, $12,629.00) and award the service body bid to the
lowest qualified bidder (Northwest Truckstell Sales, $3,347.00).
INFORMATION SUMMARY
Separate bids were received on 2-9-93 for the purchase of one service body
and for one regular duty one ton cab and chassis. The vendor awarded the
service body bid will mount the service body on the cab and chassis. The
truck is to be used by the Sanitary Sewer crew in carrying out its
maintenance programs in accordance with USA and APWA Standards, and will
replace a 1981, one ton service truck.
See attached addendum for specific bidder's and bid amounts.
PROPOSED ALTERNATIVES
1. Award bids per staff recommendation.
2. Give further direction to staff.
FISCAL NOTES
1. Total bid award of $15,976.00 is within the budgeted dollar amount of
$19,000.00.
2. Unknown.
ADDENDUM FOR COUNCIL AGENDA SUMMARY
PUBLIC W-0,12Yar vrE.H.IEC E T%TT"-L•it
February 23, 1993
REGULAR DUTY, ONE TON CAB AND CHASSIS BIDS:
Eight bids were received as follows:
1. Sahlberg Construction Equipment, Portland Oregon NO BID
2. Pacific Utility Equipment Co., Tigard, Oregon NO BID
3. Cascade Chevrolet Geo, Sublimity, Oregon 13,083.00
4. Peterbilt & GMC Inc., Portland, Oregon 13,331.00
5. Bruce Chevrolet, Hillsboro, Oregon 12,726.00
6. Truck Center Corp., Seattle, Washington 13,804.00
7. Guaranty Chevrolet, Junction City, Oregon 12,629.00
8. Butler Ford Acura, Ashland, Oregon 15,215.00
SERVICE BODY BIDS:
C Seven bids were received as follows:
1. Sahlberg Construction Equipment, Portland, Oregon NO BID
2. Pacific Utility Equipment Co., Tigard, Oregon 4,438.00
3. Northwest Truckstell Sales, Portland, Oregon 3,347.00
4. Oregon ;fetal Craft, Myrtle Creek, Oregon 3,725.00
5. Hansen Truck Body Equipment, Junction City, Oregon 3,610.00
6. Truck Center Corporation, Seattle, Washington 3,854.00
7. Coast Crane & Equipment Co., Portland, Oregon 4,072.00
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COUNCIL AGENDA ITEM i
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: February 23, 1993 DATE SUBMITTED: February 12, 1993
ISSUE/AGENDA TITLE: Walnut Island PREVIOUS ACTION: Council request
An exa ion that staff begin the process
PREPARED BY: John Acker
DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Ed Murnhy
ISSUE BEFO THE COUNCIL i
Should the City start the process of annexing by double majority method the
area of unincorporated Washington County known as the "Walnut Island"?
STAFF RECOMMENDATION
Adopt the attached resolution which states the City's intention to solicit
consent from registered voters and property owners in the Walnut Island to
annex by the "double majority" method.
INFORMATION SUMMARY
The City Council decided in November that the City should begin the process
to annex the Walnut Island area by the double majority method. The double
majority method means that within a specified area, a consent to annex form
is signed by a majority of registered voters and the owners of a majority of
the land area.
State law requires that the City file an intent to annex with the Boundary
Commission before City representatives can solicit consent signatures. The
attached Resolution states the City's intent to annex by the double majority
method and allows the City to begin the process. Over the next several
months staff will be meeting with residents and property owners, distributing
factual information and soliciting consent signatures in the Walnut Island
area.
If the required number of signatures are gathered and certified, staff will
bring the petitions along with a resolution approving the annexation to the
City Council for adoption. The material will then be forwarded to the
Boundary Commission for final review and approval.
There are 360 acres and a population of 836 with 722 registered voters in the
Walnut Island.
PROPOSED ALTERNATIVES
none
FISCAL NOTES
There could be 200 - 400 hours of staff time spent on this annexation plus
approximately $5,000 to hire a person to gather petition signatures.
COUNCIL AGENDA ITEM ~ I
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: February 23, 1993 DATE SUBMITTED: February 10, 1993
ISSUE/AGENDA TITTF: Portland Go neral PREVIOUS ACTION:
Electric Franchise Renewal \
PREPARED BY: Wayne Lowry 1U
DEPT HEAD OK _ CITY ADMIN O REQUESTED BY:
ISSUE BEFORE THE COUNCIL
Shall the City Council approve an ordinance to renew the franchise with Portland General Electric.
STAFF RECOMMENDATION
Staff recommends the franchise agreement set forth in Exhibit "A" be approved.
INFORMATION SUMMARY
• The PGE franchise agreement expired in 1992. We have completed negotiations to renew the
agreement for a term of 20 years. The proposed agreement includes the following:
• Ability to review fees every five years if there has been a substantial change in circumstances.
• Ability to renegotiate fees if legislation or PUC rules change during term.
• 3-1/2% franchise fee with ability to charge additional 1 IJ2% privilege tax.
• Ability to prescribe how street restoration work will be done.
• Ability to audit gross receipts upon which fees are calculated.
The balance of the agreement has been updated to reflect language similar to that adopted by
other cities, including Hillsboro.
PROPOSED ALTERNATIVES
1. Approved proposed ordinance.
2. Renegotiate terms, then approve.
FISCAL NOTES
The PGE franchise agreement produces an estimated $670,000 per year in revenue to the general
fund at the current 3-1/2% rate.
COUNCIL AGENDA ITEM . Z
CITY OF TIGARD; OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: February 23, 1993 DATE SUBMITTED: February 10.1993
ISSUE/AGENDA TITLE: GTE Northwest Inc PREVIOUS ACTION:
Franchise Renewal Ordinance
PREPARED BY: Wayne Lowry 1~U
DEPT HEAD OIL _ CITY ADMIN O REQUESTED BY:
- - - ISSUE BEFORE THE COUNCIL
Shall the City Council enact an ordinance to renew the franchise with GTE Northwest Inc
STAFF RECOMMENDATION
Staff recommends the franchise agreement set forth in Exhibit "A" be approved.
- - - - - - - INFORMATION SUMMARY
The GTE franchise agreement expired in 1992. We have completed negotiations to renew the
agreement for a term of 10 years. The proposed agreement includes the following:
• Ability of City to review proposed construction in right of way.
• Ability audit gross receipts upon which fees are calculated.
• Ability to prescribe how street restoration work will be done.
• 5% franchise fee with ability to increase with 180 days notice.
The balance of the language in the agreement is substantially unchanged.
PROPOSED ALTERNATIVES
1. Approve proposed ordinance.
2. Renegotiate terms, then approve.
FISCAL NOTES
The GTE franchise agreement produces an estimated $260,000 per year in revenue to the general
fund at the current 5% rate.
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