The URL can be used to link to this page

City Council Packet - 11/25/1997 (CITi OF TIGARD OREGON TIGA►RD CITY COUNCIL f , MEETING E 1 1 NOVEMBER 25, 1997 i f I l i 1 i COUNCIL MEETING WILL BE TELEVISED i:ladmljolccpkt7.doc 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Revised 11/20/97 I i I y a CITY OF TIGARD TIGARD CITY COUNCIL BUSINESS MEETING NOVEMBER 25,199' 6:30 PM TIGARD CITY HALL 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. i 1 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 any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639-4171, Ext. 309 (voice) or 684-2772 (TDD I Telecommunications Devices for the Deaf). i Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 639-4171, x309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - NOVEMBER 25, 1997 - PAGE 1 L- f - I i f i i AGENDA Tigard City Council Meeting - November 25, 1997 6:30 p.m. STUDY SESSIOI: > 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. All discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. New media representatives are allowed to attend but must not disclose any information discussed during this session. > AGENDA REVIEW i 7:30 p.m. j 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board F 1.2 Roll Call I ~ 1.3 Pledge of Allegiance 1.4 Council Communications/Liaison Reports fi 1.5 Call to Council and Staff for Non-Agenda Items 7:35 p.m. i 2. VISITOR'S AGENDA (Two Minutes or Less, Please) i _ 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 Approve City Council Minutes: October 14, 21 and 28, 1997 3.2 Receive and File: Council Calendar 3.3 Local Contract Review Board a. Award Janitorial Contract for City Facilities to Service Master Building Maintenance of Tigard/Newberg b. Award Contract for Bonita Road Improvement Phase I to Marshall Associates Contractors, Inc. j 3.4 Initiate Vacation Proceedings for Approximately 16,174 Square Foot ! Portion of SW Fanno Creek Place and Approximately 4,914 Square I i Feet of Public Right of Way Adjacent to the Western Line of Lot 35 of 1 "Fanno Creek Acre Tracts" - Resolution No. 97- 49 i Consent agenda continued on next page... i i I COUNCIL AGENDA - NOVEMBER 25, 1997 - PAGE 2 1 I 3.5 Authorize the City Manager to Sign the Purchase Agreement and Assignment of Rights on the City's Behalf with Regard to the i Acceptance of Washington County's Donation of 7.8 Acres of Forest Property for Greenspaces • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need j discussion. 7:50 p.m. j 4. SENATE BILL 122 - CONSIDER INTERGOVERNMENTAL AGREEMENT WITH i WASHINGTON COUNTY Staff Report: Community Development Director 8:15 p.m. 4 5. CONSIDER THE ESTABLISHMENT OF A COMMERCIAL AREA SEWER EXTENSION PROGRAM • Staff Report: City Engineer Ic? Council Consideration: Resolution No. 97- -r L 8:30 p.m. 6. PROGRESS UPDATE: DEVELOPMENT OF COMPREHENSIVE PUBLIC FACILITIES PLANS FOR STREETS, SEWERS, SIDEWALKS AND STREETLIGHTS - Staff Report: City Engineer Council Discussion 8:45 p.m. 1{; 7. NON-AGENDA ITEMS 8:55 p.m. . 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 i issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. j 10:00 p.m. 9. ADJOURNMENT i i aadmlcathy\cca1971125.d oc i i _ COUNCIL AGENDA - NOVEMBER 25, 1997 - PAGE 3 j i I z a Agenda Item No. 1 Meeting of laI,i-ol q 7 TIGARD CITY COUNCIL MEETING MINUTES -NOVEMBER 25, 1997 • STUDY SESSION > Meeting was called to order at 6:36 p.m. by Council President Paul Hunt > Council Present: Councilor President Paul Hunt, Councilors Brian Moore, Bob Rohlf, and Ken Scheckla. Mayor Nicoli was absent. > Staff Present: City Manager Bill Monahan; City Engineer Gus Duenas; Community Development Director Jim Hendryx; Legal Counsel Tim Ramis; and City Recorder Catherine Wheatley. F 1 > Agenda Review t Bill Monahan, City Manager, noted the revised agenda as printed in the newsletter. He j mentioned going into Executive Session to hold his personnel review and to discuss an idea of Council President Hunt's on the bid award. He reminded Council of the December 5 tree i lighting. ~y) Councilor Moore asked what the Bonita Road Phase 1 included. Gus Duenas, City Engineer, f said that it included undergrounding utilities, road widening, and installation of the railroad signal. Councilor Hunt asked if the City should delay the project to see if the railroad removed one of the lines. Mr. Duenas said that they have already delayed the project and the line removal was not happening. Councilor Moore commented that action by the railroad would not affect what the City did now. j Mr. Monahan informed the Council that Ken Waymire, the developer of Waverly Estates, might come to Council to request that the City take over responsibility for the streetlights on private streets on the three hammerheads in the subdivision. He said that the overall maintenance cost was $16 a month. Councilor Scheckla objected to Mr. Waymire's request. - Councilor Moore pointed out that the Council policy was that the City did riot provide services on private land, citing the denial of the Benchview request for the city to take over the streetlights on their private streets. Mr. Duenas stated that the Code did not require streetlights on private streets, it was an option available to the developer. Mr. Monahan said that staff's recommendation was that Mr. Waymire either arrange for the costs of the streetlights to be paid for by the Homeowners Association or that he turn the lights off. Councilor Scheckla asked for an update on the Rite Center. Mr. Monahan said that Interfaith had the city building they were renting until June 30. If they needed an extension, they should i CITY COUNCIL MEETING MINUTES - NOVEMBER 25, 1997 - PAGE 1 a R i 1 E i go through the budget process as they normally did. He mentioned that he was informed that NeighborShare and Community Partners for Affordable Housing also were interested in that building if the City did not have a use for it. > Executive Session: The Tigard City Council went into Executive Session at 6:45 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. > Executive Session adjourned at 7:16 p.m. r > Council President Hunt reconvened the study session. F > Erickson Property Mr. Monahan informed the Council that the company logging the Erickson property has contacted staff regarding a change in the agreed upon route through the city for their log trucks j . because the ground at the exit of the Erickson property was softer than anticipated. He I! reviewed on a map the original log-truck route traversing 109`", Naeve, and north on Pacific i Highway, and the possible alternate routes using Royal Parkway. He said that staff did not I . know where the log trucks were turning around in order to head south to get to the mills. He reported that because of traffic safety concerns Police Chief Ron Goodpaster had disapproved the company's suggestion to start at 7 a.m. instead of at 9 a.m. - Jim Hendryx, Community Development Director, said that staff did tell the logging company that Royalty Parkway was okay to use because it was a wide road with a signalized intersection. Using it would eliminate the problem of the trucks having to turn around to head south. Mr. r Monahan reviewed the safety concerns on the routes, especially the trucks having to stop at stop signs at the bottom of hills. He said that staff would follow a truck along its route to evaluate i the safety of the route, and determine if flaggers or alternate routes were needed. i I Mr. Monahan said that before any change was made, he wanted to notify the neighbors and hold a public meeting to get their input. He expressed concern that the city might be creating a safety issue with the original route. i The Council discussed various possible routes and the safety concerns associated with each. i Councilor Scheckla pointad out that Royalty Parkway went by a shopping center, and this was f the holiday season. He said that the company knew what they were getting into when they took the job, and should be held to it. Councilor Hunt commented that 109`h was steeper than Royalty Parkway and presented a greater safety concern for trucks being able to stop at the bottom of the hill on wet streets. Mr. Hendryx mentioned that the Ericksons wanted the logging completed by December 31 for tax and income reasons. > Council President Hunt recessed the study session at 7:29 p.m. i CITY COUNCIL MEETING MINUTES - NOVEMBER 25, 1997 - PAGE 2 i` c e i i a j 1. BUSINESS MEETING • Call to Order - City Council & Local Contract Review Board Council President Hunt called the business meeting to order at 7:46 p.m. 1 i Council Communications/Liaison Reports: None • Call to Council and Staff for Non-Agenda Items: None { 2. VISITOR'S AGENDA j Jack Polans, 16000 SW Queen Victoria Place, King City, asked for an answer to his question posed to the Mayor at the November 18, 1997, Council meeting regarding King City and water arrangements. Council President Hunt said that only Mayor Nicoli could explain the statement and requested that Mr. Polans ask the Mayor. j 3. CONSENT AGENDA Motion by Councilor Rohlf, seconded by Councilor Moore, to adopt the Consent Agenda. Motion was approved by unanimous voice vote of Council present. (Council President Hunt, Councilors Moore, Rohlf and Scheckla voted "yes.") t 3.1 Approve Council Minutes: October 14, 21 and 28, 1997 . 3.2 Receive and File: Council Calendar 3.3 Local Contract Review Board a. Award Janitorial Contract for City Facilities to Service Master Building Maintenance of Tigard/Newberg b. Award Contract for Bonita Road Improvement Phase I to Marshall Associates Contractors, Inc. 3.4 Initiate Vacation Proceedings for Approximately 16,174 Square Foot Portion of SW Fanno Creek Place and Approximately 4,914 Square Foot of Public Right of Way Adjacent to the Western Line of Lot 35 of "Fanno Creek Acre Tracts" - Resolution No. 97-48 3.5 Authorize the City Manager to Sign the Purchase Agreement and Assignment of S Rights on the City's Behalf with Regard to the Acceptance of Washington County's Donation of 7.8 Acres of Forest Property for Greenspaces 4. SENATE BILL 122 - CONSIDER INTERGOVERNMENTAL AGREEMENT WITH t WASHINGTON COUNTY I Mr. Hendryx reviewed the requirements of Senate Bill 122 for local governments and special districts to develop cooperative agreements detailing roles and responsibilities in Comprehensive Planning, and urban service agreements detailing provision of services logistics. He said that the services included sewer, water, fire protection, parks, open spaces, recreation, CITY COUNCIL MEETING MINUTES - NOVEMBER 25, 1997 - PAGE 3 s I! - 1 streets, roads, and mass transit. He explained that Washington County developed a series of intergovernmental agreements between Washington County, Tigard, and Beaverton (using transportation growth management grants) to serve as models for the other districts. He referenced a matrix explaining the different agreements. He explained that the agreements were basically coordination and cooperation agreements. Jack Polans, 16000 SW Queen Victoria Place, King City, noted the complex nature of the agreements. He expressed concern that details missing from the water agreements would derail any long term water contract. He asked the Council not to adopt this item. Staff explained that these agreements did not affect the long term water supply discussions. These agreements were required by Senate Bill 122. Motion by Councilor Rohlf, seconded by Councilor Scheckla, to authorize the Council President to sign the intergovernmental agreements. Motion was approved by unanimous voice vote of Council present. (Council President Hunt, Councilors Moore, Rohlf and Scheckla voted "yes.") 5. CONSIDER THE ESTABLISHMENT OF A COMMERCIAL AREA SEWER EXTENSION PROGRAM Mr. Duenas reviewed the Council direction to staff to establish a commercial area sewer I - - extension program similar to the neighborhood sewer extension program established in 1995/96. " He reported that the mechanism to establish this program already existed in the municipal code (13.09). The Code did not differentiate between neighborhood sewer and commercial sewer, it simply established the mechanism for a reimbursement district. r j Mr. Duenas reviewed the key elements of the resolution. It established the commercial area j program and directed recovery of costs through a reimbursement district as authorized by Section 13.09. It also used the same funding source as that used for the neighborhood sewer extension program but gave preference to neighborhoods. He recommended approval for this - - fiscal year. Councilor Hunt asked if Fairhaven was the only installation to date under this program. Mr. Duenas said that they have also done an installation on Tigard Street for four homes and another installation for 29 homes. He commented that the areas that needed sewer most were in difficult terrain and very costly to individual homeowners (c. $11,000). He mentioned that Council had j asked staff to look into putting a cap on the actual cost for a residential house with City funding supplementing the cost up to a certain limit. He said that staff would bring that report back at a z different meeting. i Councilor Rohlf asked what streets qualified under the program. Mr. Duenas said that any street f with commercial activity on it would qualify, whether or not it was commercially zoned. CITY COUNCIL MEETING MINUTES - NOVEMBER 25, 1997 - PAGE 4 t is At Councilor Scheckla's request, Mr. Duenas reviewed the procedure to apply for the program. Council President Hunt explained that this program allowed neighborhood and commercial areas to install sewers through the City fronting the money and those benefiting from the sewers paying the City back through a reimbursement district. Councilor Rohlf expressed concern that commercial interests might deplete the "pot" of money available because they would move faster than neighborhoods. Mr. Duenas said that the four to five small areas interested at present would not use up the $500,000 available. He explained j that staff would give preference to the neighborhoods and hold off on giving money to the commercial areas if it looked like the residential areas would need it. Mr. Monahan commented that with redevelopment, commercial projects would pay funds back into the program more quickly and refinance the account. Council President Hunt pointed out that system development charges would continue to accrue to the account. Mr. Duenas confirmed to Councilor Scheckla that the unused money in the program carried over from year j i to year. Motion by Councilor Rohlf, seconded by Councilor Moore, to adopt Resolution No. 97-49. ' Motion was approved by unanimous voice vote of Council present. (Council President Hunt, E Councilors Moore, Rohlf and Scheckla voted "yes.") l 6. PROGRESS UPDATE: DEVELOPMENT OF COMPREHENSIVE PUBLIC FACILITIES PLANS FOR STREETS, SEWERS, SIDEWALKS AND STREETLIGHTS Mr. Duenas presented a detailed schedule listing tasks and timeframes for streets, sewers, ! sidewalks, and streetlights. He explained that breaking the tasks down into the four categories enabled staff to incorporate the tasks into their work plan. He reviewed the program elements already underway, including the Transportation System Plan update study by DKS. He mentioned that the recommendations of the Traffic Calming Committee were incorporated in the street section. The Council expressed its appreciation for the detail and preciseness of the report. Mr. Duenas said that staff would do its best to stick to this ambitious timeframe, although things could happen to interfere. He said that he would give Council a quarterly update. > The Council decided to wait until December 9 to hold the City Manager's review. 7. NON AGENDA ITEMS (None) CITY COUNCIL MEETING MINUTES - NOVEMBER 25, 1997 - PAGE 5 t j 8. EXECUTIVE SESSION (Cancelled) 9. ADJOURNMENT: 8:05 p.m. ~ i. 3{! D-4 i Cf~~~~-82e~ I Attest: Catherine Wheatley, City Recorder 1 or, City of Tigard Date: I Lola I I i i } I CITY COUNCIL MEETING MINUTES - NOVEMBER 25, 1997 - PAGE 6 COMMUNITY NEWSPAPERS, INC. Legal G JJ P.O. BOX 370 PHONE (503) 684-0360 Notice TT 8972 BEAVERTON, OREGON 97075 F, RECEIVED Pc Legal Notice Advertising y; ling n {i 10q7 - • City of Tigard • ❑ Tearsheet Notice - 13125 Sl; Hall Blvd. tvn;-:is+.S.D SS • Tigard,Oregon 97223 • ❑ Duplicate Affidavit k, } *Accounts Payable • ? AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, as. S1iXfl~l--- 3 being first duly sworn, depose and say that I am the Advertising + Director, or his principal clerk, of theT~-ard-Tua],a1,iin Times ; s a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Ti?arA in the aforesaid county and state; that the 1 City Council. Business D1eein~c_ a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for O_d^ successive and consecutive in the following issues: 1lovember 20,1997 ~ E Subscribed and sworn t e me this y of Novembe 4 OFFICIAL SEAL 9 ~ I ROBIN A. BUROt 33 No Public for Oregon NOTARY PUBLIC-OREGON Y COMMISSION NO. 062071 My Commission Expires: ~1v t gMM168tON EXPIRES MAY 16, 2001 1 AFFIDAVIT The following meeting highlights are published for your information. Full agendas may be obtained from the City Recorder, 13125 S.W. Hall Boulevard, Tigard, Oregon 97223, or by calling 639-4171. CITY COUNCIL BUSINESS MEETING November 25, 1997 - 6:30 P.M. 17GARD CITY HALL-TOWN HALL 13125 S.W. HALL BOULEVARD, TIGARD, OREGON ` Local Contract Review Board I - > Award Contract-121st Avenue Dam Structure Design > Award Contract-Phase 1 Bonita Road Improvement j Business Meeting > Establish Commercial Area Sewer Extension Program 1 > Progress Update on Development of Comprehensive Public Facility J Plans for Streets, Sewers, Sidewalks and Streetlights > Executive Session TT8972 - Publish November 20, 1997. i j AGENDA ITEM NO. 2 - VISITOR'S AGENDA DATE : November 25, 1997 (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 CONTACTED NAME, ADDRESS & PHONE TOPIC LOT W, QU ef cd~ i a 1 i I f 1 1i II I I I _ tedmtfoWWaitsht.doo f 1 i 1 1 Council Agenda Item J For Agenda of i MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and City Council FROM: Bill Monahan, City Manager DATE: November 17, 1997 SUBJECT: COUNCIL CALENDAR, November 1997 through January 1998 Regularly scheduled Council meetings are marked with an asterisk If generally OK, we can proceed and make specific adjustments in the Monthly Council Calendars. November a t *18 Tues Council Workshop Meeting - (6:30 p.m.) *25 Tues Council Meeting - (6:30 p.m.) Study Session Business Meeting t 27-28 Thurs - Fri Thanksgiving Holiday (City Offices Closed) I e December 5 Fri Holiday Tree Lighting - 6 p.m. * 9 Tues Council Meeting - (6:30 p.m.) Study Session Business Meeting *16 Tues Council Workshop Meeting - (6:30 p.m.) *23 Tues Council Meeting - (6:30 p.m.) Study Session Business Meeting 25 Thurs Christmas Day - City Offices Closed January I 1 Thurs New Year's Day - City Offices Closed I * 13 Tues Council Meeting - (6:30 p.m.) Study Session Business Meeting 19 Mon Martin Luther King Jr. Day - City Offices Closed * 20 Tues Council Workshop Meeting - (6:30 p.m.) * 27 Tues Council Meeting - (6:30 p.m.) Study Session Business Meeting i9adm\cathy\co=d1\ccca1.dm 1` i AGENDA ITEM # J J i FOR AGENDA OF 111-;)5/Q'1 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE _ Award of Janitorial Contract to Service Master Building Maintenance of Tigard/Newberg J[~ 1 PREPARED BY: John Roy DEPT HEAD OK L CITY MGR OK_ ISSUE BEFORE THE COUNCIL Should the council accept the lowest qualified bid submitted in the, amount of $65,364.00 for providing janitorial y services to city facilities.. STAFF RECOMMENDATION The staff recommendation is that Council accept the bid submitted by Service Master and authorize the Property Manager to sip the one year contract with the option of two additional years to be determined at the begining of each fiscal year if service is deemed acceptable. i INFORMATION SUNIMARY t _,.ne City discontinued its janitorial contract with Ace Janitorial on March 24th, 1997, due to lack of performance. Since that time janitorial service has been provided on a monthly basis. The City went out to bid for janitorial I services on Oct. 3, 1997, of which five bids were received. Of the five bids submitted, one bid by Hi-Q Janitorial was disqualified for not meeting contractor's experience. Bids received were as follows: Monthly Yearly Unequaled Janitorial $7,381.00 $ 88,572.00 Tualatin Valley Workshop Inc. 8,842.79 106,113.48 Mt. Fuji Maintenance 8,876.00 106,512.00 Hi-Q Janitorial 4,515.50 54,186.00 ( This vendor did not meet specs.) Service Master of Tigard 5,447.00 65,364.00 OTHER ALTERNATIVES CONSIDERED j Not approve. Reject all bids and direct staff to readvertise for bids. i FISCAL NOTES i 1 The current FY 97/98 budget allocates $70,000.00 for janitorial services. Cost of service from 1 July to date f have been $18,700. The cost for service for the remainder of the FY would be $43,576.00. The overall 1 ianitorial service cost for FY 97/98 will be approximately $62,276.00. j dc)-dot t I C { AGENDA ITEM 9 ~.3 b • FOR AGENDA OF November 25, 1997 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Bonita Road Improvement - Phase I / I PREPARED BY: Vannie Nguven Vr/ DEPT HEAD OK Cf- --,,CITY MGR OK 1/U j ISSUE BEFORE THE COUNCIL Shall the Local Contract Review Board approve the contract award for the construction of Bonita Road Improvement - Phase I? " s STAFF RECOMMENDATION _ The staff recommends that the Local Contract Review Board, by motion, approve the contract award to Marshall Associates Contractors, Inc. in the amount of $ 115,896.00. INFORMATION SUMMARY 1 j {e Bonita Road Improvement project from the railroad tracks to the Fanno Creek Bridge is a recommended project and funded by TIT (Traffic Impact Fees). The $800,000 TIF fund for this project included land acquisition, widening, installation of a railroad signal system on the widened street and underground installation s of overhead utilities. Since the street widening portion can not be done until all existing utilities have been r relocated from above ground to underground, the Bonita Road Improvement Project is split into three phases. Phase I is utility relocation, Phase II is reconstruction of the railroad crossings and installation of the railroad flashing signal which will be performed by the railroad subject to reimbursement by the City. Phase III is the _ roadway widening. Approval of the contract award of Bonita Road Improvements - Phase I will allow relocation of the existing utilities prior to commencement of the other major construction activities. ` i The bid opening was conducted on October 22, 1997, and were as follows: 9 Banzer Construction Salem, OR $ 195,840.00 CEMS, Inc. Vancouver, WA $ 168,085.00 W.A. Jones Sherwood, OR $ 151,984.00 Cushing Brothers Salem, OR $ 137,313.50 W.G. Moe & Sons, Inc. Portland, OR $ 134,385.00 w Benge Construction Tigard, OR $ 129,980.00 j Marshall Assoc. Contractors, Inc. Tualatin, OR $ 115,896.00 Engineer's Estimate S 109,235.00 i i - OTHER ALTERNATIVES CONSIDERED l None FISCAL NOTES t t f The amount of $800.000 has been allocated from TIF fund for the Bonita Road Improvement project. This amount is sufficient to award the contract for the utility relocation portion of the whole project. 1 i.kitywideltumlbonM1al dot , I ! y AGENDA ITEM # For Agenda of i,~~r (r-i CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Initiation of vacation proceedings for: 1) approximately 16,174 square foot portion of SW Fanno Creek Place: and 2) approximately 4,914 square feet of public right-of-way adjacent to the westerly line of lot 36 of "Fanno Creek Acre Tracts". PREPARED BY: William D'Andrea DEPT HEAD OK ~ N CITY ADMIN OK vNl ~ll' ISSUE BEFORE THE COUNCIL Should the City Council initiate vacation proceedings involving: 1) approximately 16,174 square foot portion of SW Fanno Creek Place; and 2) approximately 4,914 square feet of public right-of-way adjacent to the westerly line of lot 36 of "Fanno Creek Acre Tracts". j j j - - - STAFF RECOMMENDATION f ti It is recommended that Council initiate vacation proceedings by adopting the attached resolution. I INFORMATION SUMMARY , ,t the City vacation process of streets, easements and other public dedicated areas, the City Council begins the process by passing a resolution to schedule a public hearing to consider such requests. Northwest Landscape Industries is requesting that the City Council initiate vacation proceedings for approximately 16,174 square foot portion of SW Fanno Creek Place and approximately 4,914 square feet of public right-of-way adjacent to the westerly line of lot 36 of "Fanno Creek Acre Tracts". The approximately 4,914 square foot road had been dedicated with the platting of "Fanno Creek Acre Tracts" in 1911 and the right-of-way for SW Fanno Creek Place had already been dedicated prior to 1911. Neither of these right-of-ways has been improved to serve the public, nor does it appear that these right-of-ways are needed. The petitioner is requesting that the City, vacate i these right-of-ways, so as to, incorporate them into developed industrial properties. Appropriate agencies shall be contacted for comments, prior to developing a report for Council consideration. Attachments: Exhibit A - (site plan) Exhibit B - (legal description) Exhibit C - (legal description) Exhibit D - (vicinity map) OTHER ALTERNATIVES CONSIDERED - Take no action at this time. FISCAL NOTES ==z=--_ = - = FISCAL NOTES fees have been paid by the applicant. i \-~ity%i deVu mWadnak.do i I i i j AGENDA ITEM # 5 FOR AGENDA OF 11/25/97 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Bull Mountain Greens acp a Acquisition PREPARED BY: Duane Roberts DEPT HEAD OK /ti CITY MGR OK i ~ ISSUE BEFORE THE COUNCIL I ' Should the City accept from Washington County the donation of 7.8 acres of forest property. 1 STAFF RECOMMENDATION t Accept transfer of title to this property. Authorize the City Manager to sign the purchase agreement and ~ t assignment of rights on the city's behalf. INFORMATION SUMMARY Washington County has negotiated the purchase of 7.8 acres of vacant land located along the southern edge of ; '-`~e Menlor water reservoir (see map attached). County local share Greenspace funds will be used to complete the purchase. Under the terms of the Greenspaces bond measure, the property must be maintained in a natural state. According the county legal office, this transaction is at the point of final documents. The purchase agreement and assignment of rights to the city will be ready for signing by the appropriate parties within a few days. The documents have been reviewed and approved by the city attorney. OTHER ALTERNATIVES CONSIDERED Refuse to accept title to the property. 3 i i ! FISCAL NOTES i i 1 i The purchase will be financed entirely by County pass through Greenspaces funds. No city funds will be spent on the acquisition. i1ci"ide\sum\gm.ca i 1 1 i h PON- r F 1. P"L enl ~ , t M ~ ~4 .W ~ t s s. il`~ ^f• - s t'... • ~ 1: ~~3V ft0~'7 - nx ~4 C r'H, ~eZ v.l~"~' ~ii,di!_~ „M ~L,;,.;` C- •k t 42. ~ KL.I _ ~ €1F [r; tr ~ '"y! f ~ ,c'.L{ y~~L, "t tom. ~ `c ~ 1•i ` Cooper Man ~ Cam.--~_.R ~.~~y ?p `~~"fti4~'T.iC• ' _ -gyp rlLf ~ _ ( _ ; Air i~w ~ / YU V p ® 1+.-, " men •ta5:1~"~' \ Ti SQ ~ ; ,C,®L~ ~ ~~1L ~r `mil t 1 (3UIl MITI 911 ` a~. ,w 7 y t1- 7'v~} an era , Kin r ~ Nr• 1 etN ~ t~~ta ~ ..~'Pr rFC~t'f+(~r`,^~~r Palmer, Gruth & Pielka, inc. Comparable Land Sales r { ~i-r i ~ ' r-- _:1-~ I 1 1 0. f Iii I ~~1 I , Water District j I. k_'A 00200 .I '2S105 I QS105 n 00 f 4 i It I 1 L t, i L AGENDA ITEM FOR AGENDA OF Nov. 25, 1997 1 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Senate Bill 122 Cooperative Agreements {nn 1 PREPARED BY: Laurie N. DEPT HEAD OK CITY MGR OK f ISSUE BEFORE THE COUNCIL To adopt the Senate Bill 122 cooperative agreements, which are separate from the already adopted urban service f agreements with Washington County. STAFF RECOMMENDATION i { Staff recommends that the council adopt the agreements. f INFORMATION SUMMARY f i The cooperative agreements are the products of the Senate 122 urban services process. Agreements were drawn -"p~up~ for Open Spaces and Recreational Services, Water and Water Supply Services, Fire and Life Safety Services, ~'Nastewater and Surface Water. The purpose of the cooperative agreements is to facilitate a process to enable communication between the service providers. Rather than make a copy of each of the agreements, a sample copy of one of the agreements is attached for Council's review. If you desire a copy of any of the other agreements, please contact the City Recorder. Enclosed with this packet is a matrix summarizing who are the parties in each agreement and what each agreement entails. OTHER ALTERNATIVES CONSIDERED } Do not approve the cooperative agreements. FISCAL NOTES i There are no fiscal impacts to consider. i l i:\6"i&.-pmm.dot J t i. 1 1 Washington County shall provide THP&R with the artlcipate, review, and comment the opportunitytoP land use actions: Metro shall pro vadrtic pate, review, with and comment on the follow'ng The City shall provide the THP , and the opportunity P • Quasi-judicial revieww, and land use actions: plan amendments and small Tualatin Hills Park ortunity, to participate, t land use actions: on tite following Plan amendments and small tract legislative plan map amendments that open Spaces and and Recreation District oPP • Quasi-judicial p comment on the following map amendments that are located with THP&R boundary' ° • Quasi-judicial plan amendments and tract legislative plan R.eereational Services (THP&R) legislative plan map are located with the District's boundary or within one-half mile of THP&R boon arY• half mile of the Districts small tract leg(d rehensive plan dments that are located with within one- ing • Adoption of new comp or within one-half boundary. rehensive plan d use regulations concern amenTHP&R boundary elements or land ,f THP&R boundT hensive plan • ele Adoption of new comp regulations concerning water supply Adopt and distribution. Adoption of new compments or land use water supply and disuib ution. elements or land use regulations and Major or minor amendments to a concerning water supply ents to a rehensive plan element or wand udse ajor or minor amendm comp water supp y lation concerning distribution. Mrehensive plan element or a land use Cegu ution Major or minor amendments to a comp water supply and • rehensive plan element or a land regulation concerning distrib . comp water supply use regulation concerning distribution and distribution •t F1sil t X Metro and the Cities of Beaverton d TIiP&R, County, negotiate art urban service e county, the City an and'Cigard shall be parti dance es to 195.065 for Urban TF1P&R shall provideth to articipate, with ORS the opportunity P use agreement in accor AreaNo. 5 shown on Attachment A. with Metro Service Agreement Study review, and comment on the following land actions: dments to an existing For minor amen facility or master Plan or other ram that implementing p or Prog Board. requires approval by THP&R dates For the adoption of new or major up or °theTHP&R to a facility or master Plan programs implementing plans or , shall provide written notice to oh n°y to Cities, and Metro with the °PP participate I the planning and adoption processes. ro oral, TI{P&R Upon f nal action on a P Cit and metro shall provide the County, decision within with written notice of the thirty days of the effective date of the r1~~~. .,u..u„-...--.~-~...._r~.~. ~...._.....-._....._.-.a...--.~ .+~..~-...-i-... r-... _._-...v_.....ra.-..._...-.-_....t~.~_.iL...'..e_-....'TD'S...-.-r_c_-~... ..y..-. ooperatiye Agreement Service_ Provider Responsibility of City Responci ili of A(etro Y Responsibility of Washington County Water Supply Service Tualatin Valley Water The City shall provide t►te TVWD with Metro shall provide TVWD with the opportunity The City shall provide the TVWD with the District (TVWD) the opportunity to participate, review, to participate, review, and comment on proposals opportunity to participate, review, and and comment on the following land use to amend the Regional Urban Growth Boundary comment on the following land use actions: actions: be a legislative amendment, major amendment or locational adjustment, as those terms are defined by Metro, that are located within the TVWD boundary or within one-half mile of the TVWD boundary. • Quasi-judicial plan amendments and Quasi-judicial plan amendments and small tract legislative plan map small tract legislative plan map amendments that are located within amendments that are located within the TVWD boundary or within one- the TVWD boundary or within one- half mile of the TVWD boundary. • Adoption ofnew comprehensive Adoption ofne TVWD boundary. plan elements or land use • Adoption of new comprehensive plan regulations concerning water supply elements or land use regulations and distribution concerning water supply and • Major or minor amendments to a distribution comprehensive plan element or a • Major minor amendments to a land use regulation concerning use compreh h regulation ensive plan element to a land water supply and distribution. concerning water TVWD shall negotiate with County, supply and distribution. Metro and the city in accordance with ORS 195.065 for Urban Service Agreement Study Area No. 9 on Attachment B. Responsibili of Agency Future Urban Service Agreement TVWD shall notify the County, the TVWD will negotiate with the County, Metro City and Metro of the following and the City of'1'igard for an urban service District actions that are located agreement in accordance with ORS 195.065 for within the boundary of the County, a Urban Service Agreement Study Area No. 5 City or Metro or are located within shown on Attachment A. one-half (12) mile of the boundary of a City's Urban Planning Area. Development of new sites for source, storage or transmission of domestic water. Acquisition of property(ies) including +-isements, for source, storage or msmission ofdotnestic water. ~l - - - - Cooperative AAgreentent Service Provider jc,ponvi bile y hf & Responsibility of Metro Responsibility of Washin;,ton County Fire and Life Safety Tualatin Valley Fire The City shall provide TVF&R with the Metro shall provide TVF&R with the Washington County shall pro Adc TVF&R with and Rescue (TVF&R) opportunity to participate, review, and opportunity to participate, review, and comment the opportunity to participate, review, and Services comment on the following land use actions: on the following land use actions: comment on the following land use actions: • Quasi-judicial plan amendments and • Quasi-judicial plan amendments and small • Quasi-judicial plan anhcndments and small small tract legislative plan map tract legislative plan map amendments that tract legislative plan map amendments that amendments that are located within are located within TVF&R boundary or are located within TVF&R boundary or TVF&R boundary or within one-half within one-half mile of the TVF&R within one-half mile of the "I'VF&R mile of the TVF&R boundary. boundary. boundary. • Adoption of new comprehensive plan • Adoption of new comprehensive plan • Adoption of new comprehensive plan elements or land use regulations elements or land use regulations concerning elements or land use regulations concerning concerning water supply and water supply and distribution. water supply and distribution. distribution. • Major or minor amendments to a • Major or minor amendments to a Major or minor amendments to a comprehensive plan element or a land comprehensive plan element or a land use comprehensive plan element or a land use use regulation concerning water supply regulation concerning water supply and regulation concerning water supply and and distribution distribution distribution I RRes once rile of the Agency Future Urban Service Agreement TVF&R shall provide the County, the City and TVF&R, County, Metro and the Cities of Beaverton Metro with the opportunity to participate, and Tigard shall be parties to negotiate an urban service review, and continent on the following land use agreement in accordance with ORS 195.065 for Urban actions: Service Agreement Study Area No. 5 shown on Attachment A. • For minor amendments to an existing facility or master plan or other implementing plan or program that requires approval by the TVF&R Board of Directors • For the adoption of new or major updates to a facility or master plan or other implementing plans or programs, the TVF&R shall provide written notice to the County, Cities, and Metro with the opportunity to participate I the planning and adoption processes. • Upon final action on a proposal, the TVF&R shall provide the County, City and Metro with written notice ofthe decision within thirty days of the effective date of the decision.. i r Wall USA Washington County shall provide the view. and with the ortunity to participate, re vie 1'roy tier vide the USA the oPP land use actions: USA with the Metro shall pro on the following and commen endments and small and opportunity to participate, review, comment The City shall Provide review. on the following land use actions' • Quasi-judicial plan am amen unified dments that fied Sewerage to tendruenls and small tract legislative Plan snap District ty Participate, ~ Quasi-judicial plan an opportuni actions: Agency tan map amendments that are located wide the 's boundary ° Wastewater and comment on the following land use tract legislative p Quasi-judicial plan amendments and within one-half mile of the Districts surface water small tract legislative plan map are located with the District's y °t with the boundary- rehcnsive plan within one-half mile of the Districts boundary • Adoption of new comp amendments that are located one half boundary- regulations concerning District's boundary lion new comprehensive plan elements or land use rehginsive plan • Adop water supply and distribution. mile of the Districts boundary. of Adoption of new comp elements o tland and distributionits concemrng • ulations water supp Y elements or land use reg • Major or minor amendments o to a a land concerning water supply and comprehensive plan clement supply and • Major or minor amendments o land use a regulation concemrng water istribution. use Mjor or minor amendments to a comprehensive plan el `eater supply and distribution a • comprehensive plan element or a land regulation concerning use regulation concerning water supply distribution and distribution lis °f Metro and the Cities of Beaverton to negotiate u ban service the City and and USA Tigard County, shall be parties agreement accordance vith ORS 195.065 for ran USA shall provide the County, anticipate, Area No. 5 shown on Attachment A. Metro with the opportunity to land use dy review, and comment on the fopllowing Service Agreement actions: For minor ainendm`an tner~tstrng facility or master p o6ram that implementing plan or p requires approval by the District's Board of Directors or updates For the adoPtion of new or maj to a facility or master plan or other implementing plans or programs, the District shaft provide written notice to the county, cities, and Metro with the opportunity to participate 1 the planning and adoption processes. • Upon final action on a proposal, the District shall provide the County, City and Metro with written s of the effective date of within thirty days decision.. "NNW as swoon",," wow f ooperalive Agreement Service Provider Responsibility of City Responsibility of Metro Responsibility of Washington County Water Services Tigard Water District The City shall provide the TWD with the Metro shall provide the TWD with the Washington County shall provide the TWD with (TWD) opportunity to participate, review, and opportunity to participate, review, and comment the opportunity to participate, review, and comment on the following land use actions: on the following land use actions: comment on the following land use actions: • Quasi-judicial plan amendments and • Quasi-judicial plan amendments and small • Quasi-judicial plan amendments and small small tract legislative plan map tract legislative plan map amendments that tract legislative plan map amendments that amendments that are located with the are located with the District's boundary or are located with the District's boundary or District's boundary or within one-half within one-half mile of the Districts within one-half mile of the Districts mile of the Districts boundary. boundary. boundary. • Adoption of new comprehensive plan • Adoption of new comprehensive plan • Adoption of new comprehensive plan elements or land use regulations elements or land use regulations concerning elements or land use regulations concerning concerning water supply and water supply and distribution. water supply and distribution. distribution. • Major or minor amendments to a • Major or minor amendments to a • Major or minor amendments to a comprehensive plan element or a land comprehensive plan element or a land use comprehensive plan element or a land use use regulation concerning water supply regulation concerning water supply and regulation concerning water supply and and distribution distribution distribution Responsibility of the Agency Future Urban Service Agreement TWD shall provide the County, the City and TWD County, Metro and the Cities of Beaverton Metro with the opportunity to participate, and Tigard shall be parties to negotiate an urban service review, and comment on the following land use agreement in accordance with ORS 195.065 for Urban actions: Service Agreement Study Area No. 5 shown on Attachment A. • For minor amendments to an existing facility or master plan or other implementing plan or program that requires approval by the District's Board of Directors • For the adoption of nety or major updates to a facility or master plan or other implementing plans or programs, the District shall provide written notice to the County, Cities, and Metro with the opportunity to participate 1 the planning and adoption processes. • Upon final action on a proposal, the District shall provide the County, City and Metro with written notice of the decision within thirty days of the effective date of the decision.. j; t J 1 SAMPLE AGREEMENT COOPERATIVE AGREEMENT FOR WATER SUPPLY SERVICES BETWEEN THE TUALATIN VALLEY WATER DISTRICT, WASHINGTON COUNTY; THE CITIES OF BEAVERTON, HILLSBORO, PORTLAND, AND TIGARD; i AND THE METROPOLITAN SERVICE DISTRICT i 3 ~ THIS AGREEMENT is entered into by and between the TUALATIN VALLEY WATER DISTRICT, a special district of the State of Oregon, hereinafter referred to as DISTRICT; WASHINGTON COUNTY, a political subdivision of the State of Oregon, hereinafter referred to as COUNTY; the CITIES OF BEAVERTON, HILLSBORO, PORTLAND, and TIGARD, municipal corporations of the State of Oregon, hereinafter referred to as CITIES; and the METROPOLITAN SERVICE DISTRICT, a metropolitan service district of the State of Oregon, hereinafter referred to as METRO. WHEREAS, pursuant to ORS 197.175 (2), the COUNTY has land use planning authority over that territory of the DISTRICT lying within unincorporated Washington County; WHEREAS, pursuant to ORS 197.175 (2), the CITIES have land use planning authority over that territory 1 of the DISTRICT lying within the respective city limit boundaries of the CITIES; WHEREAS, Statewide Planning Goal No. 2 (Land Use Planning) requires that city, county, state, and 4 federal agency and special district plans and actions shall be consistent with the comprehensive plans of the counties and cities adopted under ORS Chapter 197; WHEREAS, ORS 195.020 (1), requires that the DISTRICT exercise its planning duties, powers and l responsibilities and take actions that are authorized by law with respect to programs affecting land use in 4 accordance with statewide planning goals; WHEREAS, ORS 195.020 (2, 3, and 4) require the DISTRICT, the COUNTY, the CITIES, and METRO to enter into a cooperative agreement that conforms to the following requirements: 1. Describe how the COUNTY and the CITIES will involve the DISTRICT in comprehensive planning; t 2. Describe the responsibilities of the DISTRICT in comprehensive planning; 3. Establish the role and responsibilities of the COUNTY and the DISTRICT regarding COUNTY approval of new development; - 4. Establish the role and responsibilities of the CITIES and the DISTRICT regarding the CITIES' `f approval of new development; i 5. Describe how METRO will involve the DISTRICT in METRO's exercise of its regional planning i 3 responsibilities; I 6. Establish the role and responsibilities of the COUNTY and the CITIES regarding the DISTRICT'S interests including, where applicable, water supply services, capital facilities, and real property; and i I 7. Specify the units of local government which shall be parties to an urban service agreement under ORS 195.065; and WHEREAS, the DISTRICT, THE COUNTY, the CITIES, and METRO, in order to ensure that their planning programs are coordinated, consider it mutually advantageous to: -1 ~ I _ I I j ~ i I i J r b Cooperative Agreement for Water Supply Services with j Tualatin Valley Water District Ji Page 2 ! 1. Establish a process for coordinating comprehensive planning and development; y 2. Establish a process to coordinate the DISTRICTS interests; 3. Establish a process for METRO to involve the DISTRICT in METRO's regional planning responsibilities; and I 4. Specify the units of local government which will be parties to an urban service agreement under ORS 195.065. NOW THEREFORE, THE DISTRICT, THE COUNTY, THE CITIES, AND METRO, AGREE AS FOLLOWS: 1. Coordination of Comprehensive Planning and Development A. Definitions As used in this AGREEMENT, the words listed below have the following meaning: ` i Comprehensive Plan means a generalized, coordinated land use map and policy f statement of the governing body of the COUNTY or the CITIES that interrelates all functional and natural systems and activities relating to the use of lands, including but not i _ limited to, sewer and water systems, transportation systems, educational facilities, recreational and park facilities, and natural resources and air and water quality ` management programs. Elements of a "comprehensive plan".include but are not limited % to the following: transportation plan, public facility plan, community plans, and rural/natural resource plans. A CITY'S or the COUNTY'S capital improvement plan, a facilities plan (e.g., a water or wastewater facilities plan) or a park and recreation master plan may or may not be elements of a comprehensive plan . Development Action means a proposal to develop a specific unit or units of land under f county or city comprehensive plan provisions or land use regulations that is either I! reviewed through a public hearing process, or through an administrative process when notice of the proposal or notice of the decision with right of appeal is required to be mailed j to owners of property within a specified distance of the proposed development site. j Such development actions may include, but are not limited to, zone changes, conditional or special uses, subdivisions, land partitions, planned unit developments, variances, site or design review, or other similar development actions which require public notice. Development actions do not include administrative decisions that do not require notice to i adjoining property owners, and also do not include legislative determinations (e.g., amendments to a comprehensive plan), annexations, and urban growth boundary { amendments. i Implementing Plan or Program means a set of technical design or construction standards (e.g., road or surface water design and construction standards); or plans, programs or activities of the COUNTY, a CITY, METRO or the DISTRICT which support a local government's or special district's provision of the following public facilities and services: ' j sanitary sewers; water; surface water; streets, roads, and mass transit; fire protection; and parks, recreation and open space. An implementing plan or program may include capital improvement plans, park and recreation master plans, design and construction i ~ I i i - i i Cooperative Agreement for Water Supply Services with Tualatin Valley Water District Page 3 standards for roads, water supply systems, sanitary sewers or surface water, or a public involvement program. Land Use Regulation means any local government zoning ordinance, land division ordinance adopted under ORS 92.044 or 92.046 or similar general ordinance establishing standards for implementing a comprehensive plan. Land use regulation does not include an implementing plan or program, such as road or surface water design and construction standards, annexations, urban growth boundary amendments, zoning map amendments, consideration of proposed development actions (e.g., conditional uses, site or design review, and subdivisions), and building permits and other similar administrative-type decisions. I i Local Government means any city, county or metropolitan service district formed under r. ORS Ch. 268 or an association of local governments performing land use planning ' functions under ORS 195.025. i i Maior Amendment to a Land Use Regulation or Comprehensive Plan means a legislative change to a land use regulation or the text or map of a comprehensive plan that: ! 1. amends text which affects a large number of parcels or all parcels of land E t similarly situated; { j 2. makes large scale map amendments; or E _ F 3. involves the creation, broad scale implementation or revision of public policy. # Maior Amendment to METRO'S Planning Goals and Objectives. Functional Plans, or Regional Framework Plan means a change to the Regional Urban Growth Goals and [ Objectives (RUGGOs), including the 2040 Growth Concept, and the Urban Growth Management Functional Plan, Public Involvement Plan, Regional Transportation Plan (RTP), and Metropolitan Transportation Improvements Program (MTIP), that Involves the creation, broad scale implementation or revision of public policy. F j METRO Planning Goals and Obiectives means the land use goals and objectives that i METRO is required to adopt under ORS 268.380(1) called RUGGO. These goals and I objectives do not constitute a comprehensive plan. 1 ' METRO Functional Plans means plans adopted under ORS 268.390 to implement regional goals and objectives which may "recommend" or "require" changes to I comprehensive plans. i j METRO Regional Framework Plan means the regional framework plan required by the 1992 METRO Charter or its separate components. Neither the regional framework plan nor its individual components constitute a comprehensive plan. Minor Amendment to METRO'S Planning Goals and Objectives. Functional Plans. or j Regional Framework Plan means a change to the Regional Urban Growth Goals and Objectives (RUGGOs), including the 2040 Growth Concept, and the Urban Growth Management Functional Plan, Public Involvement Plan, and Metropolitan Transportation Improvements Program (MTIP), that does not involve the creation, broad scale implementation or revision of public policy. ' I 1 I I j i Cooperative Agreement for Water Supply Services with Tualatin Valley Water District Page 4 s ~ I Minor Amendment to a Land Use Regulation or Comprehensive Plan means a legislative change to a land use regulation or the text or map of a comprehensive plan, including I small tract comprehensive plan map changes, that does not involve the creation, broad scale implementation or revision of public policy. Quasi-Judicial Plan Amendment means a proposal to change the plan designation of a comprehensive plan map that affects a specific p p property or a small number of properties, or to change the alignment of a transportation facility that affects a single property or other properties in the immediate vicinity. Quasi-judicial plan amendments are reviewed at a ~ public hearing by the Planning Commission or the governing body. Quasi-judicial plan amendments do not affect large numbers of properties and they do not involve the creation, broad scale implementation or revision of public policy. i Urban SRrvice Agreement means an agreement between units of local government and special service districts that provide an urban service to an area within an urban growth boundary that: 1. Specifies whether the urban service will be provided in the future by a city, county, district, authority or a combination of one or more cities, counties, districts or authorities. i j 2. Sets forth the functional role of each service provider in the future provision of the urban service. 3. Determines the future service area for each provider of the urban service. 4. Assigns responsibilities for a. Planning and coordinating provision of the urban service with other urban service providers; b. Planning, constructing and maintaining service facilities; and c. Managing and administering provision of services to urban users. F 5. Defines the terms of necessary transition in provision of urban services, I ownership of facilities, annexation of service territory, transfer of moneys or project responsibility for projects proposed on a plan of the city or district prepared pursuant to ORS 223.309 and merger of service providers or other j measures for enhancing the cost efficiency of providing urban services. i i 6. Establishes a process for review and modification of the urban service I agreement. i 1 i I i _ S I Cooperative Agreement for Water Supply Services with Tualatin Valley Water District Page 5 B. Roles and Responsibilities of Parties i ~ 1. The DISTRICT is a domestic water supply service district organized in I accordance with the provisions of ORS 264.010 et. seq., formed to provide water 11C supply service for the inhabitants of the DISTRICT. 2. The COUNTY and the CITIES, pursuant to ORS 197.175, are required to prepare, adopt, amend, and revise comprehensive plans in compliance with the Statewide planning goals, enact land use regulations to implement their ! comprehensive plans, and review development actions for compliance with their 1 comprehensive plan and land use regulations. ! 3. METRO, pursuant to ORS 268.380 and 390, is responsible for the Regional Urban Growth Boundary, the regional aspects of land use planning, transportation, air and water quality, regional parks and greenspaces, the zoo, j and solid waste. C. COUNTY and CITY Amendments to or Adoption of a Comprehensive Plan or Land Use Regulation and Amendments to the METRO Regional Urban Growth Boundary i t 1. The COUNTY and the CITIES shall provide the DISTRICT with the opportunity to e participate, review, and comment on proposed amendments to or adoption of their respective comprehensive plans or land use regulations as described below: ! = _ f a. Quasi-judicial plan amendments and small tract legislative plan map amendments that are located within the DISTRICTS boundary or within r one-half (Y2) mile of the DISTRICTS boundary. Upon adoption of Urban Service Agreement(s), the notice area requirement shall be amended to E be applicable to actions located within the DISTRICTS urban service area boundary or rural lands located within one-half (1/2) mile of the DISTRICTS urban service area boundary; b. Adoption of new comprehensive plan elements or land use regulations ! concerning water supply and distribution; urbanization issues, including but not limited to growth management, plan or zoning designations, natural hazards, natural areas, and transportation systems; and 1 - C. Major or minor amendments to a comprehensive plan element or a land use regulation concerning water supply and distribution; urbanization issues, including but not limited to growth management, plan or zoning designations, natural hazards, natural areas, and transportation systems. j 2. METRO shall provide the DISTRICT with the opportunity to participate, review, l and comment on proposals to amend the Regional Urban Growth Boundary by a legislative amendment, major amendment or locational adjustment, as those terms are defined by METRO, that are located within the DISTRICTS boundary or within one-half mile of the DISTRICTS boundary. Upon adoption of Urban 1 Service Agreement(s), the notice area requirement shall be amended to be applicable to actions located within the DISTRICTS urban service area boundary or rural lands located within one-half (1/2) mile of the DISTRICTS urban service i area boundary. I i J Cooperative Agreement for Water Supply Services with Tualatin Valley Water District Page 6 i 3. The following procedures shall be followed by the COUNTY, the CITIES, and i METRO, hereinafter the originating agency, to notify and involve the DISTRICT in COUNTY and CITY processes to amend or adopt a comprehensive plan or land use regulation and METRO processes to amend the urban growth boundary: a. The originating agency shall provide the DISTRICT with written notice of the proposal no less than forty-five (45) days prior to the final hearing on j adoption. Providing the DISTRICT with a copy of the Department of Land 4 Conservation and Development's Notice of Proposed Amendment shall satisfy this notification requirement. For the adoption of a new i comprehensive plan element or land use regulation or a major amendment to a comprehensive plan element or land use regulation, as ! described in 1. b. and c. above, the originating agency shall provide the DISTRICT with more advanced notice, if available, in order to provide the DISTRICT with greater opportunity to participate in the planning and I ordinance adoption processes. i b. A good faith effort shall be made by the originating agency to notify the I DISTRICT. Failure of the DISTRICT to receive notice shall not invalidate 1 a decision. I f C. The DISTRICT may respond at its discretion. Comments shall be submitted in accordance with ORS 197 and may be submitted in written 1 form or an oral response may be made at the public hearing. d. Comments from the DISTRICT shall be entered into the public record for f the proposed action and shall be given consideration by the originating agency. If after such consideration, the originating agency acts contrazy to the position of the DISTRICT, the DISTRICT may seek reconsideration or appeal the action, if available, in accordance with the appropriate procedures of the originating agency. I e. Upon final action by the originating agency on a proposal, the originating agency shall provide the DISTRICT with written notice of the final t decision consistent with the originating agency's notification requirements. Failure to receive notice shall not invalidate the decision or toll the appeal period. The originating agency shall provide the f DISTRICT with a copy of the final decision if the DISTRICT requests a V copy. ' f D. Amendments to or Adoption of METRO Planning Goals and Objectives and METRO's Regional Framework Plan (includes Regional Urban Growth Goals and Objectives (RUGGOs), 2040 Growth Concept, Functional Plans, including the Urban Growth Management Functional Plan, Public Involvement Plan and Metropolitan Transportation .i Improvements Program) 1. METRO shall provide the DISTRICT with the opportunity to participate, review, and comment on proposed amendments to or adoption of its planning goals and objectives and regional framework plan. The following procedures shall be used i i i i i i i Cooperative Agreement for Water Supply Services with Tualatin Valley Water District Page 7 by METRO to notify and involve the DISTRICT in its processes to amend or adopt its planning goals and objectives and regional framework plan: a. For minor amendments to an existing METRO functional planning goal or objective or METRO'S regional framework plan, METRO shall notify the DISTRICT of the proposal no less than forty-five (45) days prior to the final hearing on adoption; I b. For the adoption of new planning goals and objectives or functional plans; identification of urban reserve areas; or major updates to existing I planning goals and objectives or the regional framework plan concerning water supply and distribution; natural hazards; natural areas; growth management, including but not limited to 2040 Growth Concept Designations; and transportation systems, METRO shall notify the DISTRICT of the proposal at the time such planning efforts are initiated in order to provide the DISTRICT with the opportunity to participate in the i planning and adoption processes. In no case shall notice be provided j less than forty-five (45) days prior to the final hearing on adoption, C. A good faith effort shall be made by METRO to notify the DISTRICT. Failure of the DISTRICT to receive notice shall not invalidate a decision. I d. The DISTRICT may respond at its discretion. Comments may be i submitted in written form or an oral response may be made at MPAC, i J' METRO Council Committee or the public hearing. e. Comments from the DISTRICT received at the METRO Council Committee or at the public hearing within the time allowed for comments before a decision shall be entered into the public record for the proposed action and shall be given consideration by METRO. If after such consideration, METRO acts contrary to the position of the DISTRICT, the DISTRICT may seek reconsideration or appeal of the decision, if available, in accordance with the appropriate METRO procedures. f. Upon final action by METRO on a proposal, METRO shall provide the i DISTRICT with written notice of the final decision within thirty (30) days of the effective date of the decision. Failure to receive notice shall not invalidate the decision or toll the appeal period, if available. METRO shall provide the DISTRICT a copy of the final decision if the DISTRICT requests a copy. i E. Development Actions Requiring Individual Notice to Property Owners 1. The COUNTY and the CITIES shall provide the DISTRICT with the opportunity to review and comment on the following proposed development actions requiring i public notice, described below, that are located within the DISTRICTS boundary or are contiguous to the DISTRICTS boundary. Upon adoption of Urban Service Agreement(s), the notice area requirement shall be amended to be applicable to actions located within the DISTRICTS urban service area boundary. i i i - i t ! 's 7 1 i Cooperative Agreement for Water Supply Services with Tualatin Valley Water District j Page 8 zone changes; land divisions, including subdivisions and partitions; planned unit developments; site or design review; Flood plain or drainage hazard area alterations; conditional or special uses, not including temporary use permits or home occupations. l + 2. The following procedures shall be followed by the COUNTY and the CITIES, hereinafter the originating agency, to notify the DISTRICT of proposed development actions described in 1. above: i a. For development actions that are not reviewed at a public hearing, where public notice is provided in advance of the notice of decision, notify the DISTRICT of the proposal at the earliest opportunity, but no less than ten (10) days prior to the close of the public comment period; i b. For development actions that are not reviewed at a public hearing, where public notice is not provided in advance of the notice of decision, notify the DISTRICT of the proposal at least twenty (20) days prior to the issuance of the notice of decision; or i G. For development actions reviewed at a public hearing, notify the DISTRICT no less than twenty (20) days before the date of the scheduled public hearing, or if two or more hearings will be held, ten (10) days before the first hearing. d. A good faith effort shall be made by the originating agency to notify the i DISTRICT. Failure of the DISTRICT to receive a notice shall not invalidate a decision. i e. The DISTRICT may respond at its discretion. Comments may be f submitted in written form or an oral response may be made at the public {i hearing, if any. f. If received in a timely manner, the originating agency shall include or attach the DISTRICTS comments to the written staff report and respond to any concerns addressed by the DISTRICT in the staff report or orally i at the hearing, if any. g. Comments from the DISTRICT received within the time allowed for comment before a decision shall be entered into the public record for the proposed action and shall be given consideration by the originating agency. If, after such consideration, the originating agency acts contrary to the position of the DISTRICT, the DISTRICT may seek reconsideration f or appeal the decision, if available, in accordance with the appropriate procedures of the originating agency. { h. Upon final action by the originating agency on a proposal, the originating agency shall provide the DISTRICT with written notice of the final decision consistent with the originating agency's notification requirements. Failure to receive notice shall not invalidate the decision or toll the appeal period, The originating agency shall provide the i i 1 i l~ _a Cooperative Agreement for Water Supply Services with Tualatin Valley Water District Page 9 I i DISTRICT with a copy of the final decision if the DISTRICT requests a copy. i F. Amendments to or Adoption of an Implementing Plan or Program 1. The COUNTY, the CITIES, and METRO shall provide the DISTRICT with the opportunity to participate, review and comment on proposed amendments to or adoption of their respective implementing plans or programs that require approval by their governing body concerning facility or master plans for water supply services; design and construction standards for water supply services; capital improvement programs for water supply services and roads; major capital improvement projects for the construction, maintenance or repair of water supply i systems and roads; and public involvement programs. The following procedures t shall be followed by the COUNTY, the CITIES, and METRO, hereinafter the I originating agency, to notify and involve the DISTRICT in their processes to amend or adopt an implementing plan or program: i a. The COUNTY, the CITIES, or METRO, shall notify the DISTRICT of the proposal no less than twenty (20) days prior to the final hearing on I~ adoption. A good faith effort shall be made by the originating agency to I notify the DISTRICT. Failure of the DISTRICT to receive notice shall not i invalidate a decision, f 1 b. The DISTRICT may respond at its discretion. Comments may be j submitted in written form or an oral response may be made at the public i hearing. C. Comments from the DISTRICT received in a timely manner shall be entered into the public record for the proposed action and shall be given consideration by the originating agency. If after such consideration, the t originating agency acts contrary to the position of the DISTRICT, the DISTRICT may seek reconsideration or appeal the action, if available, in accordance with the appropriate procedures of the originating agency. d. Upon final action by the originating agency, the originating agency shall provide the DISTRICT with written notice of the decision within thirty (30) days of the effective date of the decision. Failure to receive notice shall - not invalidate the decision or toll the appeal period, if available. The originating agency shall provide the DISTRICT with a copy of the final action if the DISTRICT requests a copy. s G. Additional Coordination Requirements The COUNTY, the CITIES, and METRO, hereinafter the originating agency, shall notify the DISTRICT of the following actions by the originating agency that are located within the DISTRICTS boundary or within one-half (Y2) mile of the DISTRICTS boundary. Failure to receive notice shall not invalidate such actions. i i 1. Development of new sites for source, storage or transmission or domestic water. The originating agency shall provide written notice to the DISTRICT of such j ' f i I i i i J 1 - 1 i Cooperative Agreement for I Water Supply Services with Tualatin Valley Water District Page 10 proposals no less than twenty (20) days prior to commencement of development; and 2. The acquisition of property(ies), including easements, for source, storage or transmission of domestic water. The originating agency shall provide written notice to the DISTRICT of such acquisitions no later than ninety (90) days after the date of acquisition. i i 11. Coordination of DISTRICT Interests A. The DISTRICT shall provide the COUNTY, the CITIES, and METRO with the opportunity to participate, review, and comment on proposed amendments to or adoption of the following implementing plans or programs for compliance with local comprehensive plans: facility or master plans for water supply services, capital improvement program, and major capital improvement projects. The following procedures shall be followed by the DISTRICT to notify and involve the COUNTY, the CITIES, and METRO in its processes to amend or adopt these plans or programs: i 1. For minor amendments to an existing facility or master plan or other implementing plan or program that requires approval by the DISTRICTS Board of Directors, the I DISTRICT shall provide the COUNTY, the CITIES, and METRO with written f notice of the proposal no less than forty-five (45) days prior to the final hearing on adoption; and - 2. For the adoption of new or major updates to a facility or master plan or other implementing plans or programs, the DISTRICT shall provide written notice to the COUNTY, the CITIES, and METRO at the time such planning efforts are initiated in order to provide the COUNTY, the CITIES, and METRO with the opportunity to participate in the planning and adoption processes. In no case shall notice be provided less than forty-five (45) days prior to the final hearing on adoption. E 3. Upon final action on a proposal, the DISTRICT shall provide the COUNTY, the CITIES, and METRO with written notice of the decision within thirty (30) days of the effective date of the decision. Failure to receive notice shall not invalidate the F decision or toll the appeal period, if available. The DISTRICT shall provide the COUNTY, the CITIES, and METRO with a copy of the final action if a copy is ; requested. i f - B. The DISTRICT shall notify the COUNTY, the CITIES and METRO of the following i DISTRICT actions that are located within the boundary of the COUNTY, a CITY or METRO or are located within one-half mile of the boundary of a CITY S Urban ± Planning Area. Failure to receive notice shall not invalidate such actions. j 1. Development of new sites for source, storage or transmission of domestic water. The DISTRICT shall provide written notice to the appropriate jurisdiction of such proposals no less than twenty (20) days prior to commencement of development; and 2. The acquisition of property(ies), including easements, for source, storage or transmission of domestic water. The DISTRICT shall provide written notice to the ~ I I i ' J i- 4 f Cooperative Agreement for Water Supply Services with Tualatin Valley Water District Page 11 appropriate jurisdiction of such acquisitions no later than ninety (90) days after the date of acquisition. i I III. Future Urban Service Agreements A. The DISTRICT, COUNTY, METRO, and the CITIES of HILLSBORO and BEAVERTON shall be parties to negotiate an urban service agreement in accordance with ORS j 195.065 for Urban Service Agreement Study Area No. 3 shown on Attachment A. i I j B. The DISTRICT, COUNTY, METRO, and the CITIES of BEAVERTON, HILLSBORO, and TIGARD shall be parties to negotiate an urban service agreement in accordance with l ORS 195.065 for Urban Service Agreement Study Area No. 4 shown on Attachment A. C. The DISTRICT, COUNTY, METRO, and the CITIES of BEAVERTON and TIGARD shall be parties to negotiate an urban service agreement in accordance with ORS 195.065 for Urban Service Agreement Study Area No. 5 shown on Attachment A. D. The DISTRICT, COUNTY, METRO, and the CITY of PORTLAND shall be parties to i negotiate an urban service agreement in accordance with ORS 195.065 for Urban Service Agreement Study Area No. 9 shown on Attachment B. IV. This AGREEMENT may be amended upon written consent of all affected parties. _ V. In the event this AGREEMENT is inconsistent with certain provisions of previous cooperative agreement, prepared pursuant to ORS 195.020, between any of the parties to this AGREEMENT, f the terms of this AGREEMENT shall control. VI. The provisions of this AGREEMENT become effective for each respective jurisdiction on the date of its signature to this AGREEMENT. I t r ! VII. Parties to this AGREEMENT may enter into additional or supplemental agreements , regarding coordination pursuant to ORS 195 as long as they are not inconsistent with this j AGREEMENT. i VIII. If any potion of this AGREEMENT is declared invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and 1 independent provision and such holding shall not affect the validity of the remaining j portions of this AGREEMENT. i IX. If a dispute arises between the parties regarding breach of this agreement or interpretation of any term thereof, the parties shall first attempt to resolve the dispute by negotiation. If negotiation fails to resolve the dispute, the parties agree to submit the i matter to non-binding mediation, Only after these steps have been exhausted will the matter be submitted to arbitration. Step 1 - Negotiation. The managers or other persons designated by each of the disputing parties will negotiate on behalf of the entities they represent. The issues of the dispute shall be reduced i to writing and each manager shall then meet and attempt to resolve the issue. If the dispute is resolved with this step, there shall be a written determination of such resolution signed by each manager, which shall be binding upon the parties. .1 i i I 1 1L~ Imo- f Cooperative Agreement for Water Supply Services with 4 Tualatin Valley Water District iJ Page 12 j Step 2 - Mediation. If the dispute cannot be resolved within 30 days of Step 1, the parties shall submit the matter to non-binding mediation. The parties shall use good-faith efforts to agree on a mediator. If they cannot agree, the parties shall request a list of five mediators from an entity or firm providing mediation services. The parties will attempt to mutually agree on a mediator from the list provided, but if they cannot agree, each party shall select one name and the two mediators shall jointly select a third mediator. The dispute shall be heard by the panel of three mediators l and any common costs of mediation shall be bome equally by the parties, who shall each bear their own costs and fees therefor. If the issue is resolved at this Step, then a written determination 3 of such resolution shall be signed by each manager and shall be binding upon the parties. . Step 3 - Arbitration. After exhaustion of Steps 1 and 2 above, the matter shall be settled by s binding arbitration in Washington County, Oregon, in accordance with the Commercial Arbitration Rules of the American Arbitration Association pursuant to ORS 190.710-790. The arbitration shall z be before a single arbitrator, nothing shall prevent the parties from mutually selecting an arbitrator . or panel thereof who is not part of the AAA panel and agreeing upon arbitration rules and procedures. The cost of arbitration shall be shared equally. The arbitration shall be held within 60 days of selection of the arbitrator unless otherwise agreed to by the parties. 1 1 f IN WITNESS WHEREOF, the parties have executed this COOPERATIVE AGREEMENT on the date set opposite their signatures. E TUALATIN VALLEY WATER DISTRICT By Date Chairman, Board of Directors i Approved As To Form District Counsel I ~ 1 k j i i { j ~ j 1 l I j 1 L j j Cooperative Agreement for Water Supply Services with Tualatin Valley Water District Page 13 I I! BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, OREGON By Date Chairman Date Recording Secretary Approved As To Form 3 4 Washington County 1 County Counsel li 1 ~ i Ii - {i l I j Cooperative Agreement for Water Supply Services with Tualatin Valley Water District S Page 14 CITY OF BEAVERTON f By Date _ Mayor Approved As To Form City of Beaverton City Attorney I I i ' 1 1 _ I ! - Cooperative Agreement for Water Supply Services with Tualatin Valley Water District Page 15 f CITY OF HILLSBORO By Date ! Mayor gi Approved As To Form 7 b City of Hillsboro City Attorney t r. i ' I{ J f ~ Cooperative Agreement for + Water Supply Services with Tualatin Valley Water District I Page 16 ~ I CITY OF PORTLAND `I By Date ! Mayor I Approved As To Form City of Portland „ City Attorney i f i 1 i 1 f- j j J { Cooperative Agreement for Water Supply Services with Tualatin Valley Water District _ Page 17 CITY OF TIGARD By Date Mayor Approved As To Form City of Tigard City Attorney t ~ u t.. j _ i 111 1 LJ I' - l l { ' I i i Cooperative Agreement for Water Supply Services with I Tualatin Valley Water District Page 18 l METROPOLITAN SERVICE DISTRICT BY Date Presiding Officer Approved As To Form METRO Office of General Counsel ~ k WoM~I: WuroCtylnpiwpsherojoennM NWD-CAJr ' September 1997 j i f I f a . Attachment A ~ ~ I t 1 I ~ t---- i ~ - 1 ` ` - , ~ \ ~ I ~ ~ - ^~t - ~i \ ~ BB I ~ IoAStudm~ee9 % Y u rea . , 1 ' ~ r~ ~ ~ oun ie 2 _ ar s - - ~ - 3~ _ or u ure c I / ■ ~I I ~ +_f~ ran ervice g. reemen s i - r ~ 1 i ~ ~ .l , - .i / - - i 1 ~ ~ , - ~ 5 z r ~ ~ --I ~ ~ _ _ _ h-•~4-r•-----•* - r L 7 I I I• I I 1• WAIHINGfON CODNIY 11/2$19] I ~ / I - pfpARMBITOI UNDUfFANDTGNSroIIfADON Agenda#4 -------~rL~-t-~~'~ I--~. - MNNING DIVISION i Df2 I r ISSN.IIRSIAYF,IIILLSlOAO,O0.CODN STI]A • Iw»w.vlp If this notice appam•s clever :hnn the ~ - document the docum~n` i + AUG 2 41998 I s of m:n•ginal yuaiit}. ~ ; _ MICROFILMED ~T~ l(1~1~[~i~l~i t I~i[l(t~,~`(i(i~ ?~(.tI~I{ E~ i I~I4i~l l~t~~~k{ l~[:,. i , , ~`I i 1:.~ ~fi;`.F ~#E ~ I T '.i,, i f;_ I ~1mj! ~ 111. - ~~LL_ ~ [ ~l } ~ INCH MACE IN CHIIU- : 1 s e .3 .to_. rn .it~...ua.;w...-1s _.~1t r te. te~:..m_-~. ~ - .-is---`~_-.-- n w ~~IIIIIIIIIIIhI~IIIINitlllll(Illlliill~fllIIIIII~II(Ill(I~I IIIIII4IfIlll 1 ~ ~ ' ~r~-- - illl IhllaflllLuuliflhlllli11101111111111uaul(,IIIIIIU(Illu~uu6111ulullnllllllhulllillhllllililll(IulfnlllTri~ill(fil IRf~f(111 II1lG11I~lil(1411IIll1111IT ~111llt i~ullilu x ' ;.:~I tt Il -1-/ ~"°~i i $p Vt ~ -•~~-r;yl- _ _LI ~ffIT ~ a s..d - " ~ ~ - l: - 1~ ; ~ d~ _ ~C - ifr Y• ~ ~ ~ ~ _ r[ ~ ~ ~ I 's ~l= ~~6 r ' ti K [ ter, H.,. ~f g?G ~ r ~ N ~r - - - ~ ~ ~ ~ o ~ . - ~IIII. _ - _ - ^ ~rri .it's, I< ~ .Zi~ \ ~ f1`~ vW.l ~~{{~~..rr~~~ 1. - 1 e! I.tl~ - i - HPrl ~ ' ® ~ ~ m , ~ / C }}rnr~~ - _ v - ~11Jlill]C~ ~ O 'C µ~~µAy~ \ V - _ ~ - - _ ~'tt~ 1 ' G~ w 1, 1w~~ m O j m 0 m - WII LIilI1L1 - W ~ opl N ~o m~ ~ f.. ~ p~~~y Q W ~ o r oZ }rte ^ o cZ a9 mX Zm s - ^.l Imt ~ ~ ~ me c~ m° c¢. _ m ' ~r ~ 1Z~ !r,. ~ =a?zr.` .,•as'sau r'yy, s V o m~ x~' @$ y^~ ..b U mU WU ~'1~ _ ~`~u(/ fF .A ~~Yr~i~ f, 'C~"'^'. i~nri ~ V ? ET fpm ~l. ~ `J ui4~,"~ Q ~ ' ,~~f~~,~-,k. „vat . N g N a I ~ _mH~'((~ ~.5 i5„q. _ ~ ~ _ I1. iI lll~ ~ ~ 6 N - - ~ ~ 9[t ~ , - _ 4 ~ ~ ~ ~ ~ ~ X1)11611 HIIIHI "w ~ ~ ~~t ; - - - _ tt - 7 - / - ~ . ~ -(~f1 ; 1~~~~~~(1:~~~[~Ir,.~.Q;U` /Dlimmm~~flll(1II~~~~~1 f mn,&nmeE:~c - py,,~ ~ L~ r r r ~ -F71rr~~~~ r~__ - ~ - i ` If this notice appears clcnrer .han the AUG 2 41996 ;document, the dacumant is of marginal quniih~. NIICR~FILMED _ Lj=' r lr~ -lr[~lla~ri,il~Tl rr ~a[ ([ri~~~,r~~:~ 1~~1~ilT~~ _ .=-~~i~If'I ~'s ~ INCH ~ MADE IN Cti11Ui - 1 '+!TM2 " 3 :"_4_-• 3 - ~ I~~ sl /9 ...:Il R 'Li' u. '15 16 T _tE it "'2Q'- - --°26°' df--_`~~_ '28 30. - - HIu►ulu iIHH6iiimilliH11iH16uilim~rui n1r~iH[~ un u[[ tHtUiih[ItluH1(uiulH H11H1 [muh7►iw i~l{(IllllillllllfClllllHllplHjillllllll~(IIIh(IGIIIIH(~1H1114{4111(IIIIA{HIIhIII~{IIIIIIHIIIIIIIHu{iIIIIHI{Ilifu(IIIIIHIfI{IIII[Ilii11~ i . ~ _ i COOPERATIVE AGREEMENT FOR PARKS, RECREATION AND OPEN SPACE i BETWEEN I THE TUALATIN HILLS PARK AND RECREATION DISTRICT, WASHINGTON i COUNTY; THE CITIES OF BEAVERTON, HILLSBORO, PORTLAND, AND i TIGARD; AND THE METROPOLITAN SERVICE DISTRICT THIS AGREEMENT is entered into by and between the TUALATIN HILLS PARK AND RECREATION DISTRICT, a special district of the State of Oregon, hereinafter referred to as DISTRICT; WASHINGTON COUNTY, a political subdivision of the State of Oregon, hereinafter referred to as COUNTY; the CITIES 1 OF BEAVERTON, HILLSBORO, PORTLAND, and TIGARD, municipal corporations of the State of Oregon; hereinafter referred to as CITIES; and the METROPOLITAN SERVICE DISTRICT, a metropolitan service district of the State of Oregon, hereinafter referred to as METRO. t WHEREAS, pursuant to ORS 197.175 (2), the COUNTY has land use planning authority over that territory of the DISTRICT lying within unincorporated Washington County; WHEREAS, pursuant to ORS 197.175 (2), the CITIES have land use planning authority over that territory j of the DISTRICT lying within the respective city limit boundaries of the CITIES; 1 WHEREAS, Statewide Planning Goal No. 2 (Land Use Planning) requires that city, county, state, and federal agency and special district plans and actions shall be consistent with the comprehensive plans of the counties and cities adopted under ORS Chapter 197; WHEREAS, ORS 195.020 (1), requires that the DISTRICT exercise its planning duties, powers and d responsibilities and take actions that are authorized by law with respect to programs affecting land use in i ¢ accordance with statewide planning goals; WHEREAS, ORS 195.020 (2), (3), and (4) require the DISTRICT, the COUNTY, the CITIES, and METRO to enter into a cooperative agreement that conforms to the following requirements: 1. Describe how the COUNTY and the CITIES will involve the DISTRICT in comprehensive planning; 2. Describe the responsibilities of the DISTRICT in comprehensive planning; 3. Establish the role and responsibilities of the COUNTY and the DISTRICT regarding COUNTY approval of new development; i 4. Establish the role and responsibilities of the CITIES and the DISTRICT regarding the CITIES' approval of new development; 1 5. Describe how METRO will involve the DISTRICT in METRO's exercise of its regional planning responsibilities; j 6. Establish the role and responsibilities of the COUNTY and the CITIES regarding the DISTRICT's interests including, where applicable, parks and recreation master planning and management, capital facilities, and real property; and 7. Specify the units of local government which shall be parties to an urban service agreement under ORS 195.065; and { r i rr I Cooperative Agreement for Parks, Recreation and Open Space with Tualatin Hills Park & Recreation District Page 2 i WHEREAS, the DISTRICT, THE COUNTY, the CITIES, and METRO, in order to ensure that their j planning programs are coordinated, consider it mutually advantageous to: 1. Establish a process for coordinating comprehensive planning and development; 2. Establish a process to coordinate the DISTRICTs interests; 3. Establish a process for METRO to involve the DISTRICT in METRO's regional planning ! responsibilities; and I ! 4. Specify the units of local government which will be parties to an urban service agreement under ORS 195.065. NOW THEREFORE, THE DISTRICT, THE COUNTY, THE CITIES, AND METRO, AGREE AS z FOLLOWS: 1. Coordination of Comorehensive Planning and Development F I A. Definitions As used in this AGREEMENT, the words listed below have the following meaning: i Comprehensive Plan means a generalized, coordinated land use map and policy statement of the governing body of the COUNTY or the CITIES that interrelates all J functional and natural systems and activities relating to the use of lands, including but not limited to, sewer and water systems, transportation systems, educational facilities, recreational and park facilities, and natural resources and air and water quality management programs. Elements of a "comprehensive plan" include but are not limited to the following: transportation plan, public facility plan, community plans, and rural/natural resource plans. A CITY'S or the COUNTY'S capital improvement plan, a facilities plan. (e.g., a water or wastewater facilities plan) or a park and recreation master plan may or may not be elements of a comprehensive plan . Development Action means a proposal to develop a specific unit or units of land under county or city comprehensive plan provisions or land use regulations that is either I reviewed through a public hearing process, or through an administrative process when notice of the proposal or notice of the decision with right of appeal is required to be mailed to owners of property within a specified distance of the proposed development site. i I Such development actions may include, but are not limited to, zone changes, conditional or special uses, subdivisions, land partitions, planned unit developments, variances, site ' or design review, or other similar development actions which require public notice. Development actions do not include administrative decisions that do not require notice to adjoining property owners, and also do not include legislative determinations (e.g., i I amendments to a comprehensive plan) annexations, and urban growth boundary amendments. Implementina Plan or Program means a set of technical design or construction standards (e.g., road or surface water design and construction standards); or plans, programs or ° activities of the COUNTY, a CITY, METRO or the DISTRICT which support a local i i J J , Cooperative Agreement for Parks, Recreation and Open Space with Tualatin Hills Park & Recreation District Page 3 I government's or special district's provision of the following public facilities and services: sanitary sewers; water, surface water; streets, roads, and mass transit; fire protection; and parks, recreation and open space. An implementing plan or program may include ! capital improvement plans, park and recreation master plans, design and construction standards for roads, water supply systems, sanitary sewers or surface water, or a public involvement program. fff Land Use Regulation means any local government zoning ordinance, land division i ordinance adopted under ORS 92.044 or 92.046 or similar general ordinance establishing standards for implementing a comprehensive plan. Land use regulation does not include an implementing plan or program, such as road or surface water design and construction standards, annexations, urban growth boundary amendments, zoning map amendments, consideration of proposed development actions (e.g., conditional uses, site or design review, and subdivisions), and building permits and other similar administrative-type { decisions. t Local Government means any city, county or metropolitan service district formed under i } ORS Ch. 268 or an association of local governments performing land use planning functions under ORS 195.025. i t Mafor Amendment to a Land Use Reaulation or Comprehensive Plan means a legislative ) change to a land use regulation or the text or map of a comprehensive plan that: 1. amends text which affects a large number of parcels or all parcels of land a similarly situated; r 2. makes large scale map amendments; or €f 3. involves the creation, broad scale implementation or revision of public policy. Wor Amendment to METRO's Plannina Goals and Objectives Functional Plans or Regional Framework Plan means a change to the Regional Urban Growth Goals and Objectives (RUGGOs), including the 2040 Growth Concept and the Urban Growth ! Management Functional Plan, Public Involvement Plan, Regional Transportation Plan + (RTP), and Metropolitan Transportation Improvements Program (MTIP), that involves the creation, broad scale implementation or revision of public policy. METRO Planning Goals and Objectives means the land use goals and objectives that METRO is required to adopt under ORS 268.380(1) called RUGGO. These goals and I objectives do not constitute a comprehensive plan. I METRO Functional Plans means plans adopted under ORS 268.390 to implement regional goals and objectives which may "recommend" or "require" changes to comprehensive plans. I i METRO Regional Framework Plan means the regional framework plan required by the 1992 METRO Charter or its separate components. Neither the regional framework plan nor its individual components constitute a comprehensive plan. Minor Amendment to METRO's Planning Goals and Obiectives Functional Plans or Regional Framework Plan means a change to the Regional Urban Growth Goals and I i , I a I ~e i I Cooperative Agreement for Parks, Recreation and Open Space with { Tualatin Hills Park & Recreation District Page 4 j Objectives (RUGGOs), including the 2040 Growth Concept and the Urban Growth Management Functional Plan, Public Involvement Plan, Regional Transportation Plan (RTP), and Metropolitan Transportation Improvements Program (MTIP), that does not involve the creation, broad scale implementation or revision of public policy. f + Minor Amendment to a Land Use Regulation or Comprehensive Plan means a legislative { change to a land use regulation or the text or map of a comprehensive plan, including i small tract comprehensive plan map changes, that does not involve the creation, broad scale implementation or revision of public policy. f ! Quasi-Judicial Plan Amendment means a proposal to change the plan designation of a t comprehensive plan map that affects a specific property or a small number of properties, t or to change the alignment of a transportation facility that affects a single property or other properties in the immediate vicinity. Quasi-judicial plan amendments are reviewed I at a public hearing by the Planning Commission or the governing body. Quasi-judicial + plan amendments do not affect large numbers of properties and they do not involve the creation, broad scale implementation or revision of public policy. t Urban Service Agreement means an agreement between units of local government and i special service districts that provide an urban service to an area within an urban growth boundary that: 1. Specifies whether the urban service will be provided in the future by a city, n. county, district, authority or a combination of one or more cities, counties, districts I or authorities. 2. Sets forth the functional role of each service provider in the future provision of the urban service. 3. Determines the future service area for each provider of the urban service. 4. Assigns responsibilities for: a. Planning and coordinating provision of the urban service with other urban service providers; E rr b. Planning, constructing and maintaining service facilities; and { C. Managing and administering provision of services to urban users. - i 1 5. Defines the terms of necessary transition in provision of urban services, I ownership of facilities, annexation of service territory, transfer of moneys or project responsibility for projects proposed on a plan of the city or district prepared pursuant to ORS 223.309 and merger of service providers or other I measures for enhancing the cost efficiency of providing urban services. i I j 6. Establishes a process for review and modification of the urban service j agreement. i i i i j I { -1 Cooperative Agreement for Parks, Recreation and Open Space with ' Tualatin Hills Park & Recreation District Page 5 i ~ B. Roles and Responsibilities of Parties { 1. The DISTRICT is a parks and recreation service district organized in accordance with the provisions of ORS 266.010 at. seq., formed to provide park and c recreational facilities and services for the inhabitants of the DISTRICT. i i 2. The COUNTY and the CITIES, pursuant to ORS 197.175, are required to i prepare, adopt, amend, and revise comprehensive plans in compliance with the Statewide planning goals, enact land use regulations to implement their comprehensive plans, and review development actions for compliance with their comprehensive plan and land use regulations. I 3. METRO, pursuant to ORS 268.380 and 390, is responsible for the Regional Urban Growth Boundary, the regional aspects of land use planning, transportation, air and water quality, regional parks and greenspaces, the zoo, and solid waste. $ C. COUNTY and CITY Amendments to or Adoption of a Comprehensive Plan or Land Use Regulation and Amendments to the METRO Regional Urban Growth Boundary s i 1. The COUNTY and the CITIES shall provide the DISTRICT with the opportunity to i participate, review, and comment on proposed amendments to or adoption of i their respective comprehensive plans or land use regulations as described below: { - ^i a. Quasi-judicial plan amendments and small tract legislative plan map amendments that are located within the DISTRICTS boundary or within one-half ('/z) mile of the DISTRICTS boundary. Upon adoption of urban l service agreement(s), the notice area requirement shall be amended to be applicable to actions located within the DISTRICTS urban service area boundary or located within one half (1/2) mile or the DISTRICTs urban service area boundary; b. Adoption of new comprehensive plan elements or land use regulations concerning parks and recreation, water resources, natural hazards, biological resources, natural areas, cultural and historic resources, scenic resources, and transportation systems; and c. Major or minor amendments to a comprehensive plan element or a land f use regulation concerning parks and recreation, water resources, natural hazards, biological resources, natural areas, cultural and historic resources, scenic resources, and transportation systems. i 1 2. METRO shall provide the DISTRICT with the opportunity to participate, review, f and comment on proposals to amend the Regional Urban Growth Boundary by a legislative amendment, major amendment or locational adjustment, as those terms are defined by METRO, that are located within the DISTRICTS boundary or within one-half ('Y2) mile of the DISTRICTS boundary. Upon adoption of urban i service agreement(s), the notice area requirement shall be amended to be applicable to actions located within the DISTRICTS urban service area boundary or located within one half (1/2) mile of the DISTRICTs urban service area boundary. I 1 _J NEW- i C Cooperative Agreement for Parks, Recreation and Open Space with Tualatin Hills Park & Recreation District Page 6 i 4 3. The following procedures shall be followed by the COUNTY, the CITIES, and i METRO, hereinafter the originating agency, to notify and involve the DISTRICT in ! COUNTY and CITY processes to amend or adopt a comprehensive plan or land use regulation and METRO processes to amend the urban growth boundary: I a. The originating agency shall provide the DIS T RIC T with written notice of ! I the proposal no less than forty-five (45) days prior to the final hearing on t adoption. Providing the DISTRICT with a copy of the Department of i Land Conservation and Development's Notice of Proposed Amendment ® shall satisfy this notification requirement. For the adoption of a new comprehensive plan element or land use regulation or a major E i amendment to a comprehensive plan element or land use regulation, as described in 1. b. and c. above, the originating agency shall provide the I DISTRICT with more advanced notice, if available, in order to provide the DISTRICT with greater opportunity to participate in the planning and ordinance adoption processes. b. A good faith effort shall be made by the originating agency to notify the DISTRICT. Failure of the DISTRICT to receive notice shall not invalidate a decision. C. The DISTRICT may respond at its discretion. Comments shall be submitted in accordance with ORS 197 and may be submitted in written form or an oral response may be made at the public hearing. d. Comments from the DISTRICT received within the time allowed for comment before a decision shall be entered into the public record for the proposed action and shall be given consideration by the originating agency. If after such consideration, the originating agency acts contrary to the position of the DISTRICT, the DISTRICT may seek reconsideration or appeal the action, if available, in accordance with the appropriate procedures of the originating agency. e. Upon final action by the originating agency on a proposal, the originating agency shall provide the DISTRICT with written notice of the final i decision consistent with the originating agency's notification requirements. Failure to receive notice shall not invalidate the decision or toll the appeal period. The originating agency shall provide the DISTRICT with a copy of the final decision if the DISTRICT requests a copy. i D. Amendments to or Adoption of METRO Planning Goals and Objectives and METRO's Regional Framework Plan (includes Regional Urban Growth Goals and Objectives (RUGGOs), 2040 Growth Concept, Functional Plans, including the Urban Growth i 3 Management Functional Plan, Public Involvement Plan, Regional Transportation Plan, and Metropolitan Transportation Improvements Program) V 1. METRO shall provide the DISTRICT with the opportunity to participate, review, and comment on proposed amendments to or adoption of its planning goals and 1 objectives and regional framework plan. The following procedures shall be used i 1 t V ~ i j r, 1 J Cooperative Agreement for Parks, Recreation and Open Space with Tualatin Hills Park & Recreation District Page by METRO to notify and involve the DISTRICT in its processes to amend or j adopt its planning goals and objectives and regional framework plan: a. For minor amendments to an existing METRO functional planning goal or i objective or METRO'S regional framework plan, METRO shall notify the DISTRICT of the proposal no less thar•, foriy-five (45) days prior to the i final hearing on adoption; i b. For the adoption of new planning goals and objectives or functional plans; identification of urban reserve areas; or major updates to existing planning goals and objectives or the regional framework plan concerning parks and recreation, water resources, natural hazards, biological i resources, natural areas, cultural and historic resources, scenic 1 resources, and transportation systems, METRO shall notify the 4 DISTRICT of the proposal at the time such planning efforts are initiated in order to provide the DISTRICT with the opportunity to participate in the j planning and adoption processes. In no case shall notice be provided i less than forty-five (45) days prior to the final hearing on adoption. ! C. A good faith effort sha!I be made by METRO to notify the DISTRICT. j 'r Failure of the DISTRICT to receive notice shall not invalidate a decision. d. The DISTRICT may respond at its discretion. Comments may be submitted in written form or an oral response may be made at MPAC, 4 METRO Council Committee or the public hearing. e. Comments from the DISTRICT received at the METRO Council Committee or at the public hearing within the time allowed for comment ff before a decision shall be entered into the public record for the proposed action and shall be given consideration by METRO. If after such consideration, METRO acts contrary to the position of the DISTRICT, the + i DISTRICT may seek reconsideration or appeal of the decision, if available, in accordance with the appropriate METRO procedures. i f. Upon final action by METRO on a proposal, METRO shall provide the j DISTRICT with written notice of the final decision within thirty (30) days } of the effective date of the decision. Failure to receive notice shall not ti invalidate the decision or toll the appeal period, if available. METRO shall provide the DISTRICT a copy of the final decision if the DISTRICT requests a copy. E. Development Actions Requiring Individual Notice to Property Owners 1. The COUNTY and the CITIES shall provide the DISTRICT with the opportunity to review and comment on the following proposed development actions requiring ! public notice, described below, that are located within the DISTRICT'S boundary or within one-half ('Y2) mile of the DISTRICTS boundary: Upon adoption of urban service agreement(s), the notice area requirement shall be amended to be applicable to actions located within the DISTRICTS urban service area boundary or located within one-half (112) mile of the DISTRICTs urban service area 1 J boundary. I h I r- I{I Cooperative Agreement for Parks, Recreation and Open Space with Tualatin Hills Park & Recreation District Page 8 ! zone changes; land divisions, including subdivisions and partitions; planned unit I developments; site or design review; flood plain or drainage hazard area alterations; conditional or special uses, not including temporary use permits or home occupations. s 1 2. The following procedures shall be followed by the COUNTY and the CITIES, hereinafter the originating agency, to notify the DISTRICT of proposed i development actions described in 1. above: i a. For development actions that are not reviewed at a public hearing, where I public notice is provided in advance of the notice of decision, notify the DISTRICT of the proposal at the earliest opportunity, but no less than ten t l (10) days prior to the close of the public comment period; 9 1 b. For development actions that are not reviewed at a public hearing, where public notice is not provided in advance of the notice of decision, notify the DISTRICT of the proposal at least twenty (20) days prior to the . issuance of the notice of decision; or E t F ' C. For development actions reviewed at a public hearing, notify the a,~",,,al days before the date of the scheduled 0131RICT no less ,..Q,m ~~y tav •20 public hearing, or if two or more hearings will be held, ten (10) days before the first hearing. r d. A good faith effort shall be made by the originating agency to notify the DISTRICT. Failure of the DISTRICT to receive notice shall not invalidate a decision. f e. The DISTRICT may respond at its discretion. Comments may be submitted in written form or an oral response may be made at the public hearing, if any. t.. , f. If received in a timely manner, the originating agency shall include or attach the DISTRICT'S comments to the written staff report and respond r to any concerns addressed by the DISTRICT in the staff report or orally at the hearing, if any. i g, Comments from the DISTRICT received within the time allowed for comment for a decision shall be entered into the public record for the k proposed action and shall be given consideration by the originating ; agency. If, after such consideration, the originating agency acts contrary to the position of the DISTRICT, the DISTRICT may seek reconsideration or appeal the decision, if available, in accordance with the appropriate procedures of the originating agency. h. Upon final action by the originating agency on a proposal, the originating agency shall provide the DISTRICT with written notice of the final decision consistent with the originating agency's notification requirements. Failure to receive notice shall not invalidate the decision or toll the appeal period. The originating agency shall provide the i i r `fII f a - 1. f Cooperative Agreement for Parks, Recreation and Open Space with Tualatin Hills Park & Recreation District Page 9 DISTRICT with a copy of the final decision if the DISTRICT requests a ' I copy. i F. Amendments to or Adoption of an Implementing Plan or Program t. The COUNTY, the CITIES, and METRO shall provide the DISTRICT with the opportunity to participate, review and comment on proposed amendments to or adoption of their respective implementing plans or programs that require approval ( - by their governing body concerning facility or master plans for parks, recreation, and open space; capital improvement programs for parks, recreational facilities, open space, and roads; major capital improvement projects for the construction, maintenance or repair of parks, recreational facilities, open space, and roads; i and public involvement programs. The following procedures shall be followed by the COUNTY, the CITIES, and METRO, hereinafter the originating agency, to i notify and involve the DISTRICT in their processes to amend or adopt an implementing plan or program: ii a. The COUNTY, the CITIES, or METRO, shall notify the DISTRICT of the proposal no less than twenty (20) days prior to the final hearing on adoption. A good faith effort shall be made by the originating agency to no -y- the DDI...lC T . Fai;ur a of they DISTRICT to receive notice shall not invalidate a decision. E ' b. The DISTRICT may respond at its discretion. Comments may be _ submitted in written form or an oral response may be made at the public hearing. C. Comments from the DISTRICT received within the time allowed before a decision shall be entered into the public record for the proposed action and shall be given consideration by the originating agency. If after such consideration, the originating agency acts contrary to the position of the DISTRICT, the DISTRICT may seek reconsideration or appeal the action, if available, in accordance with the appropriate procedures of the t originating agency. d. Upon final action by the originating agency, the originating agency shall 1 provide the DISTRICT with written notice of the decision within thirty (30) days of the effective date of the decision. Failure to receive notice shall not invalidate the decision or toll the appeal period, if available. The + originating agency shall provide the DISTRICT with a copy of the final action if the DISTRICT requests a copy. `i G. Additional Coordination Requirements i I The COUNTY, the CITIES, and METRO, hereinafter the originating agency, shall notify i the DISTRICT of the following actions by the originating agency that are located within i the DISTRICTS boundary or within one-half mile of the DISTRICTS boundary. i i 1. Development of new sites for parks, recreational facilities or open space. The originating agency shall provide written notice to the DISTRICT of such proposals no less than twenty (20) days prior to commencement of development; and i ~..J 1 i i f 1 e .~waw.■ Cooperative Agreement for Parks. Recreation and Open Space with Tualatin Hills Park & Recreation District Page 10 2. The acquisition of property(ies) for parks, recreational facilities or open space. The originating agency shall provide written notice to the DISTRICT of such acquisitions no later than ninety (90) days after the date of acquisition. Failure to receive notice sha!I not invalidate such actions. it. Coordination of DISTRICT Interests A. The DISTRICT shall provide the COUNTY, the CITIES, and METRO with the opportunity j to participate, review, and comment on proposed amendments to or adoption of the k following implementing plans or programs for compliance with local comprehensive plans. I t comprehensive park and recreation master plan, capital improvement program, and 1 major capital improvement program. The following procedures shall be followed by the DISTRICT to notify and involve the COUNTY, the CITIES, and METRO in its processes 3 to amend or adopt these plans or programs: 1. For minor amendments to an existing facility or master plan or other j implementing plan or program that requires approval by the DISTRICTS Board of + Directors, the DISTRICT shall provide the COUNTY, the CITIES, and METRO with written notice of the proposal no less than forty-five (45) days prior to the I final hearing on adoption; and { 2. For the adoption of new or major updates to a facility or master plan or other j implementing plans or programs, the DISTRICT shall provide written notice to the j - COUNTY, the CITIES, and METRO at the time such planning efforts are initiated in order to provide the COUNTY, the CITIES, and METRO with the opportunity to participate in the planning and adoption processes. In no case shall notice be provided less than forty-five (45) days prior to the final hearing on adoption. j t 3. Upon final action on a proposal, the DISTRICT shall provide the COUNTY, the CITIES, and METRO with written notice of the decision within thirty (30) days of the effective date of the decision. Failure to receive notice shall not invalidate the decision or toll the appeal period, if available. The DISTRICT shall provide the COUNTY, the CITIES, and METRO with a copy of the final action if a copy is requested. t B. The DISTRICT shall notify the COUNTY, the CITIES and METRO of the following DISTRICT actions that are located within the boundary of the COUNTY, a CITY or METRO or are located within one-half ('/2) mile of the boundary of a CITY'S Urban I Planning Area. 1. Development of new sites as parks, recreational facilities or open space. The I DISTRICT shall provide written notice to the appropriate jurisdiction of such 1 proposals no less than twenty (20) days prior to commencement of development; t and 2. The acquisition of property(ies) for parks, recreational facilities or open space. i The DISTRICT shall provide written notice to the appropriate jurisdiction of such acquisitions no later than ninety (90) days after the date of acquisition. Failure to receive notice shall not invalidate such actions. ' I i i i Cooperative Agreement for Parks, Recreation and Open Space with Tualatin Hills Park & Recreation District Page 11 j III. Future Urban Service Agreements i A. The DISTRICT, COUNTY, METRO, and the CITIES of HILLSBORO and BEAVERTON shall be parties to negotiate an urban service agreement in accordance with ORS 195.065 for Urban Service Agreement Study Area No. 3 shown on Attachment A. t i B. The DISTRICT, COUNTY, METRO, and the CITIES of BEAVERTON, HILLSBORO, and TIGARD shall be parties to negotiate an urban service agreement in accordance with ORS 195.065 for Urban Service Agreement Study Area No. 4 shown on Attachment A. C. The DISTRICT, COUNTY, METRO, and the CITIES of BEAVERTON and TIGARD shall be parties to negotiate an urban service agreement in accordance with ORS 195.065 for Urban Service Agreement Study Area No. 5 shown on Attachment A. D. The DISTRICT, COUNTY, METRO, and the CITY of PORTLAND shall be parties to f negotiate an urban service agreement in accordance with ORS 195.065 for Urban Service Agreement Study Area No. 9 shown on Attachment B. IV. This AGREEMENT may be amended upon written consent of all affected parties. V. In the event this AGREEMENT is inconsistent with certain provisions of previous cooperative agreements, prepared pursuant to ORS 195.020, between any of the parties to this AGREEMENT, the specific terms of this AGREEMENT shall control. VI. The provisions of this AGREEMENT become effective for each respective jurisdiction on the date of its signature to this AGREEMENT. VII. Parties to this AGREEMENT may enter into additional or supplemental agreements k! regarding coordination pursuant to ORS 195 as long as they are not inconsistent with this AGREEMENT. VIII. If any potion of this AGREEMENT is declared invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining r i portions of this AGREEMENT. j IX. If a dispute arises between the parties regarding breach of this agreement or interpretation of any term thereof, the parties shall first attempt to resolve the dispute by i negotiation. If negotiation fails to resolve the dispute, the parties agree to submit the matter to nonbinding mediation. Only after these steps have been exhausted will the matter be submitted to arbitration. Step 1 - Negotiation. The managers or other persons designated by each of the disputing parties will negotiate on behalf of the entities they represent. The issues of the dispute shall be reduced to writing and each manager shall then meet and attempt to resolve the issue. If the dispute is I resolved with this step, there shall be a written determination of such resolution signed by each manager, which shall be binding upon the parties. I ; R Step 2 - Mediation. If the dispute cannot be resolved within 30 days of Step 1, the parties shall j submit the matter to nonbinding mediation. The parties shall use good-faith efforts to agree on a mediator. If they cannot agree, the parties shall request a list of five mediators from an entity or i 1 t ® 1 1 1 I I Cooperative Agreement for Parks, Recreation and Open Space with j Tualatin Hills Park & Recreation District Page 12 I firm providing mediation services. The parties will attempt to mutually agree on a mediator from I 1 the list provided, but if they cannot agree, each party shall select one name and the two mediators I shall jointly select a third mediator. The dispute shall be heard by the panel of three mediators and any common costs of mediation shall be bome equally by the parties, who shall each bear 1 their own costs and fees therefor. If the issue is resolved at this Step, then a written I determination of such resolution shall be signed by each manager and shall be binding upon the parties. i I Step 3 - Arbitration. After exhaustion of Steps 1 and 2 above, the matter shall be settled by binding arbitration in Washington County, Oregon, in accordance with the Commercial Arbitration Rules of the American Arbitration Association pursuant to ORS 190.710-790. The arbitration j shall be before a single arbitrator, nothing shall prevent the parties from mutually selecting an - arbitrator or panel thereof who is not part of the AAA panel and agreeing upon arbitration rules and procedures. The cost of arbitration shall be shared equally. The arbitration shall be held within 60 days of selection of the arbitrator unless otherwise agreed to by the parties. c . IN WITNESS WHEREOF, the parties have executed this COOPERATIVE AGREEMENT on the date set opposite their signatures. I f l - i a { 3 I 1 i 1 1 I I 1 I j Cooperative Agreement for i If Parks, Recreation and Open Space with Tualatin Hills Park & Recreation District I Page 13 I TUALATIN HILLS PARK & RECREATION DISTRICT fI j By Date j Chairman, Board of Directors a - Approved As To Form K i - District Counsel 1 i l - I i { l . I ~ t . Cooperative Agreement for i Parks, Recreation and Open Space with Tualatin Hills Park & Recreation District Page 14 i BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, OREGON By Date Chairman a Date Recording Secretary Approved As To Form a x Washington County County Counsel j i i~j i l Cooperative Agreement for j i ; Parks, Recreation and Open Space with Tualatin Hills Park & Recreation District Page 15 I f ~ CITY OF BEAVERTON By Date ~ r! Approved As To Form 1 City of Beaverton City Aftomey i I _ 1 i ?;I f ` j Cooperative Agreement for Parks, Recreation and Open Space with Tualatin Hills Park & Recreation District Page 16 f i CITY OF HILLSBORO By Date ' j Mayor 1 Approved As To Form City of Hillsboro r. City Attorney i I - 1 i Cooperative Agreement for Parks, Recreation and Open Space with Tualatin Hills Park & Recreation District Page 17 I ~ i CITY OF PORTLAND By Date Mayor j I Approved As To Form 1 City of Portland City Attorney 1 h E i i 1 i i Cooperative Agreement for ; Parks, Recreation and open Space with Tualatin Hills Park & Recreation District i Page 18 CITY AR6 May0f ~ Date J / nn. An 1 s Approved As To Form V, f City of Tigard i City Attorney t . k j - • I jf++jj i f Cooperative Agreement for i Parks, Recreation and Open Space with i Tualatin Hills Park & Recreation District j Page 19 I d i METROPOLITAN SERVICE DISTRICT j s By Date "n - : r- - - ,rtc01u111g VII"IGer Approved As To Form S METRO Office of General Counsel 1 Word-J: bMnElplnptwpehuaywnnerlTRPRDtA.p S..temcer 1997 J i j - r - COOPERATIVE AGREEMENT FOR WASTEWATER AND SURFACE WATER BETWEEN i ' THE UNIFIED SEWERAGE AGENCY, WASHINGTON COUNTY; THE CITIES OF BEAVERTON, CORNELIUS, DURHAM, FOREST GROVE, HILLSBORO, KING CITY, LAKE OSWEGO, PORTLAND, SHERWOOD, TIGARD, AND TUALATIN; AND THE METROPOLITAN SERVICE DISTRICT I THIS AGREEMENT is entered into by and between the UNIFIED SEWERAGE AGENCY, a special and/or t county service district of the State of Oregon, hereinafter referred to as AGENCY; WASHINGTON j COUNTY, a political subdivision of the State of Oregon, hereinafter referred to as COUNTY; the CITIES OF BEAVERTON, CORNELIUS, DURHAM, FOREST GROVE, HILLSBORO, KING CITY, LAKE OSWEGO, PORTLAND, SHERWOOD, TIGARD, and TUALATIN, municipal corporations of the State of Oregon, hereinafter referred to as CITIES; and the METROPOLITAN SERVICE DISTRICT, a metropolitan service district of the State of Oregon, hereinafter referred to as METRO. k' i WHEREAS, pursuant to ORS 197.175 (2), the COUNTY has land use planning authority over that territory of the AGENCY lying within unincorporated Washington County; ` WHEREAS, pursuant to ORS 197.175 (2), the CITIES have land use planning authority over that territory of the AGENCY lying within the respective city limit boundaries of the CITIES; : WHEREAS, Statewide Planning Goal No. 2 (Land Use Planning) requires that city, county, state, and federal agency and special district plans and actions shall be consisteni with the cuftipr ehensive plans of j the counties and cities adapted under ORS Chapter 197; hf WHEREAS, ORS 195.020 (1), requires that the AGENCY exercise its planning duties, powers and _ responsibilities and take actions that are authorized by law with respect to programs affecting land use in accordance with statewide planning goals; WHEREAS, ORS 195.020 (2), (3), and (4) require the AGENCY, the COUNTY, the CITIES, and METRO to enter into a cooperative agreement that conforms to the following requirements: 1. Describe how the COUNTY and the CITIES will involve the AGENCY in comprehensive planning; 2. Describe the responsibilities of the AGENCY in comprehensive planning; 3. Establish the role and responsibilities of the COUNTY and the AGENCY regarding COUNTY approval of new development; 4. Establish the role and responsibilities of the CITIES and the AGENCY regarding the CITIES' j approval of new development; i 5. Describe how METRO will involve the AGENCY in METRO's exercise of its regional planning responsibilities; ! 6. Establish the role and responsibilities of the COUNTY and the CITIES regarding the AGENCY'S { interests including, where applicable, wastewater and surface water management, capital j facilities, and real property; and i 7. Specify the units of local government which shall be parties to an urban service agreement under ORS 195.065; and I i i ~ I f I I 1 I I I - i Cooperative Agreement for 1 Wastewater and Surface Water with Unified Sewerage Agency Page 2 i WHEREAS, the AGENCY, THE COUNTY, the CITIES, and METRO, in order to ensure that their planning programs are coordinated, consider it mutually advantageous to: t 1. Establish a process for coordinating comprehensive planning and development; i 2. Establish a process to coordinate the AGENCY's interests; j f 3. Establish a process for METRO to involve the AGENCY in METRO's regional planning ! responsibilities; and I 4. Specify the units of local government which will be parties to an urban service agreement under ORS 195.065. NOW THEREFORE, THE AGENCY, THE COUNTY, THE CITIES, AND METRO, AGREE AS FOLLOWS: i 1. Coordination of Comprehensive Planning and Development i I A. Definitions As used in this AGREEMENT, the words listed below have the following meaning: Comprehensive Plan means a generalized, coordinated land use map and policy statement of the governing body of the COUNTY or the CITIES that interrelates all functional and natural systems and activities relating to the use of lands, including but not - limited to, sewer and water systems, transportation systems, educational facilities, recreational and park facilities, and natural resources and air and water quality management programs. Elements of a "comprehens;ve plan" include but are not limited to the following: transportation plan, public facility pian, community plans, and rural/natural resource plans. A CITY'S or the COUNTY'S capital improvement plan, a facilities plan (e.g., a water or wastewater facilities plan) or a park and recreation master plan may or may not be elements of a comprehensive plan . Development Action means a proposal to develop a specific unit or units of land under i county or city comprehensive plan provisions or land use regulations that is either reviewed through a public hearing process, or through an administrative process when notice of the proposal or notice of the decision with right of appeal is required to be mailed to owners of property within a specified distance of the proposed development site. Such development actions may include, but are not limited to, zone changes, conditional or special uses, subdivisions, land partitions, planned unit developments, variances, site or design review, or other similar development actions which require public notice. I Development actions do not include administrative decisions that do not require notice to adjoining property owners, and also do not include legislative determinations (e.g., amendments to a comprehensive plan), annexations, and urban growth boundary fff j amendments. Implementing Plan or Program means a set of technical design or construction standards (e.g., road or surface water design and construction standards); or plans, programs or activities of the COUNTY, a CITY, METRO or the AGENCY which support a local government's or special district's provision of the following public facilities and services: sanitary sewers; water; surface water; streets, roads, and mass transit; fire protection; ' I i t L~ I Cooperative Agreement for Wastewater and Surface Water with Unified Sewerage Agency Page 3 I and parks, recreation and open space. An implementing plan or program may include capital improvement plans, park and recreation master plans, design and construction j ® -L:ndards for roads, water supply systems, sanitary sewers or surface water, or a public involvement program. ' i I Land Use Regulation means any local government zoning ordinance, land division j ordinance adopted under ORS 92.044 or 92.046 or similar general ordinance establishing standards for implementing a comprehensive plan. Land use regulation does not include an implementing plan or program, such as road or surface water design and construction I ' standards, annexations, urban growth boundary amendments, zoning map amendments, consideration of proposed development actions (e.g., conditional uses, site or design } review, and subdivisions), and building permits and other similar administrative-type 1 decisions. i Local Government means any city, county or metropolitan service district formed under ORS Ch. 268 or an association of local governments performing land use planning functions under ORS 195.025. Malor Amendment to a Land Use Reoulation or Comprehensive Plan means a legislative } change to a land use regulation or the text or map of a comprehensive plan that: I 1. amends text which affects a large number of parcels or all parcels of land similarly situated; {4 2. makes large scale map amendments; or 3. involves the creation, broad scale implementation or revision of public policy. Maior Amendment to METRO'S Planning Goals and Obiectives Functional Plans or Regional Framework Plan means a change to the Regional Urban Growth Goals and Objectives (RUGGOs), including the 2040 Growth Concept and the Urban Growth Management Functional Plan, Public Involvement Plan, Regional Transportation Plan (RTP), and Metropolitan Transportation Improvements Program (MTIP), that involves the creation, broad scale implementation or revision of public policy. } 1 METRO Plannina Goals and Obiectives means the land use goals and objectives that METRO is required to adopt under ORS 268.380(1) called RUGGO. These goals and j objectives do not constitute a comprehensive plan. i i METRO Functional Plans means plans adopted under ORS 268.390 to implement i " . regional goals and objectives which may "recommend" or "require" changes to i comprehensive plans. i METRO Regional Framework Plan means the regional framework plan required by the i 1992 METRO Charter or its separate components. Neither the regional framework plan nor its individual components constitute a comprehensive plan. Minor Amendment to METRO'S Planning Goals and Objectives. Functional Plans. or Regional Framework Plan means a change to the Regional Urban Growth Goals and Objectives (RUGGOs), including the 2040 Growth Concept and the Urban Growth Management Functiona! Plan, Public Involvement Plan, Regional Transportation Plan i i ~i 1 f • r Cooperative Agreement for Wastewater and Surface Water with Unified Sewerage Agency Page 4 i i (RTP), and Metropolitan Transportation Improvements Program (MTIP), that does not ! involve the creation, broad scale implementation or revision of public policy. ® Minor Amendment to a Land Use Regulation or Comorehensive Plan means a legislative change to a land use reguiation or thu tuxi or nag of a conprehen;iva p'an, including i i small tract comprehensive plan map changes, that does not invclve the creation, broad I scale implementation or revision of public policy. Quasi-Judicial Plan Amendment means a proposal to change the plan designation of a comprehensive plan map that affects a specific property or a small number of properties, or to change the alignment of a transportation facility that affects a single property or other { properties in the immediate vicinity. Quasi-judicial plan amendments are reviewed at a public hearing by the Planning Commission or the governing body. Quasi-judicial plan t amendments do not affect large numbers of properties and they do not involve the creation, broad scale implementation or revision of public policy. t Urban Service Agreement means an agreement between units of local government and special service districts that provide an urban service to an area within an urban growth i boundary that: I 1. Specifies whether the urban service will be provided in the future by a city, county, county service district, special district, authority or a combination of one [ or more cities, counties, county service district, special districts or authorities. t ` 2. Sets forth the functional role of each service provider in the future provision of the urban service. 3. Determines the future service area for each provider of the urban service. 4. Assigns responsibilities for: F a. Planning and coordinating provision of the urban service with other urban service providers; b. Planning, constructing and maintaining service facilities; and c. Managing and administering provision of services to urban users. 1 5. Defines the terms of necessary transition in provision of urban services, 4 ownership of facilities, annexation of service territory, transfer of moneys or t project responsibility for projects proposed on a plan of the city or county service district or special district prepared pursuant to ORS 223.309 and merger of service providers or other measures for enhancing the cost efficiency of providing urban services. 3 6. Establishes a process for review and modification of the urban service ! agreement. ! i { i i ~ ! I t 7 l j Cooperative Agreement for Wastewater and Surface Water with Unified Sewerage Agency Page 5 y B. Roles and Responsibilities of Parties 1. The AGENCY is a sewer and surface water management service district _ j organized in accordance with the provisions of ORS 451, formed to provide j service for sanitary seweis gnu ciwfucu waier f_r the inhabitants of its specified service area.I 2. The COUNTY and the CITIES, pursuant to ORS 197.175, are required to I prepare, adopt, amend, and revise comprehensive plans in compliance with the Statewide planning goals, enact land use regulations to implement their f comprehensive plans, and review development actions for compliance with their f comprehensive plan and land use regulations. f i 3. METRO, pursuant to ORS 268.380 and 390, is responsible for the Regional Urban Growth Boundary, the regional aspects of land use planning, j transportation, air and water quality, regional parks and greenspaces, the zoo, f and solid waste. C. COUNTY and CITY Amendments to or Adoption of a Comprehensive Plan or Land Use € Regulation and Amendments to the METRO Regional Urban Growth Boundary 1. The COUNTY and the CITIES shall provide the AGENCY with the opportunity to participate, review, and comment on proposed amendments to or adoption of [ their respective comprehensive plans or land use regulations as described below: a. Quasi-judicial plan amendments and small tract legislative plan map amendments that are located within the AGENCY S boundary or within one-half ('/2) mile of the AGENCY'S boundary. Upon adoption of urban service agreement(s), the notice area requirement shall be amended to be applicable to actions located within the AGENCY S urban service area boundary or rural lands located within one half (1/2) mile of the AGENCY'S urban service area boundary. This requirement is only j applicable to the COUNTY and the CITIES of DURHAM and KING CITY; b. Adoption of new comprehensive plan elements or land use regulations concerning plan or zoning designations, sanitary sewers, surface water, water resources, natural hazards, biological resources, natural areas, and transportation systems; and i c. Major or minor amendments to a comprehensive plan element or a land j use regulation concerning plan or zoning designations, sanitary sewers, surface water, water resources, natural hazards, biological resources, i natural areas, and transportation systems. i 2. METRO shall provide the AGENCY with the opportunity to participate, review, and comment on proposals to amend the Regional Urban Growth Boundary by a j legislative amendment, major amendment or locational adjustment, as those terms are defined by METRO, that are located within the AGENCY'S boundary or { 1 within one-half (Y2) mile of the AGENCY'S boundary. Upon adoption of urban service agreement(s), the notice area requirement shall be amended to be applicable to actions located within the AGENCY'S urban service area boundary i i i i { I I r, I I Cooperative Agreement for Wastewater and Surface Water with Unified Sewerage Agency Page 6 i or rural lands located within one half (1/2) mile of the AGENCY'S urban service i area boundary. 3. The following procedures shall be followed by the COUNTY, the CITIES, and METRO, hereinafter the originating agency, to notify and involve the AGENCY in ® COUNTY and Ci -T( processes io arnend or adopt a comprehensive plan or ieri= use regulation and METRO processes to amend the urban growth boundary: i(( a. The originating agency shall provide the AGENCY with written notice of i the proposal no less than forty-five (45) days prior to the final hearing on adoption. Providing the AGENCY with a copy of the Department of Land Conservation and Development's Notice of Proposed Amendment shall satisfy this notification requirement. For the adoption of a new comprehensive plan element or land use regulation or a major amendment to a comprehensive plan element or land use regulation, as described in 1. b. and c. above, the originating agency shall provide the AGENCY with more advanced notice, if available, in order to provide the 4 j AGENCY with greater opportunity to participate in the planning and k ordinance adoption processes. b. A good faith effort shall be made by the originating agency to notify the AGENCY. Failure of the AGENCY to receive notice shall not invalidate a decision. C. The AGENCY may respond at its discretion. Comments shall be - submitted in accordance with ORS 197 and may be submitted in written form or an oral response may be made at the public hearing. d. Comments from the AGENCY received within the time allowed for E comment before a decision shall be entered into the public record for the proposed action and shall be given consideration by the originating agency. If after such consideration, the originating agency acts contrary to the position of the AGENCY, the AGENCY may seek reconsideration or appeal the action, if available, in accordance with the appropriate procedures of the originating agency. 1 e. Upon final action by the originating agency on a proposal, the originating agency shall provide the AGENCY with written notice of the final decision consistent with the originating agency's notification requirements. Failure to receive notice shall not invalidate the decision or toll the appeal period. The originating agency shall provide the AGENCY with a copy of the i final decision if the AGENCY requests a copy. i D. Amendments to or Adoption of METRO Planning Goals and Objectives and METRO's I Regional Framework Plan (includes Regional Urban Growth Goals and Objectives (RUGGOs), 2040 Growth Concept, Functional Plans, including the Urban Growth Management Functional Plan, Public Involvement Plan, Regional Transportation Plan, and Metropolitan Transportation Improvements Program) 1. METRO shall provide the AGENCY with the opportunity to participate, review, i - and comment on proposed amendments to or adoption of its planning goals and ® I t~ _I Cooperative Agreement for Wastewater and Surface Water with Unified Sewerage Agency Page 7 objectives and regional framework plan. The following procedures shall be used by METRO to notify and involve the AGENCY in its processes to amend or adopt its planning goals and objectives and regional framework plan: _ a. For minor amendments to an existing METRO functional planning goal or objective or METRO'S regional framework plan, METRO shall notify the AGENCY of the proposal no less than forty-five (45) days prior to the final hearing on adoption; b. For the adoption of new planning goals and objectives or functional plans; j identification of urban reserve areas; or major updates to existing y planning goals and objectives or the regional framework plan concerning i sanitary sewers, surface water, water resources, natural hazards, biological resources, natural areas, and transportation systems, METRO shall notify the AGENCY of the proposal at the time such planning efforts ! are initiated in order to provide the AGENCY with the opportunity to participate in the planning and adoption processes. In no case shall notice be provided less than forty-five (45) days prior to the final hearing on adoption. 4 C. A good faith effort shall be made by METRO to notify the AGENCY. Failure of the AGENCY to receive notice shall not invalidate a decision. d. The AGENCY may respond at its discretion. Comments may be t submitted in written form or an oral response may be made at MPAC, a METRO Council Committee or the public hearing. e. Comments from the AGENCY received at the METRO Council 5 Committee or at the public hearing within the time allowed for comment before a decision shall be entered into the public record for the proposed action and shall be given consideration by METRO. If after such consideration, METRO acts contrary to the position of the AGENCY, the AGENCY may seek reconsideration or appeal of the decision, if available, in accordance with the appropriate METRO procedures. f. Upon final action by METRO on a proposal, METRO shall provide the AGENCY with written notice of the final decision within thirty (30) days of the effective date of the decision. Failure to receive notice shall not invalidate the decision or toll the appeal period, if available. METRO shall provide the AGENCY a copy of the final decision if the AGENCY requests t a copy r i E. Development Actions Requiring Individual Notice to Property Owners ! i 1. The COUNTY and the CITIES of DURHAM and KING CITY shall provide the AGENCY with the opportunity to review and comment on the following proposed r 1 development actions requiring public notice, described below, that are located ! within the AGENCY S boundary or within one-half mile of the AGENCY'S j boundary. Upon adoption of urban service agreement(s), the notice area requirement shall be amended to be applicable to actions located within the i r i E c i i I 1 I I . ~I " b Cooperative Agreement for j Wastewater and Surface Water with Unified Sewerage Agency Page 8 AGENCY'S urban service area boundary or rural lands located within one half (1/2) mile of the AGENCY'S urban service area boundary. i ® zone changes; land divisions, including subdivisions and partitions; planned unit developments; site or design review; flood plain or drainage hazard area alterations; conditional or special uses, n0[ Including ieunporaiy ube pc-iw; and home occupations. 2. The following procedures shall be followed by the COUNTY and the CITIES of DURHAM and KING CITY, hereinafter the originating agency, to notify the AGENCY of proposed development actions described in 1. above: E a. For development actions that are not reviewed at a public hearing, where public notice is provided in advance of the notice of decision, notify the AGENCY of the proposal at the earliest opportunity, but no less than ten t (10) days prior to the close of the public comment period; b. For development actions that are not reviewed at a public hearing, where public notice is not provided in advance of the notice of decision, notify j the AGENCY of the proposal at least twenty (20) days prior to the issuance of the notice of decision; or c. For development actions reviewed at a public hearing, notify the AGENCY no less than twenty (20) days before the date of the scheduled _ public hearing, or if two or more hearings will be held, ten (10) days ttt before the first hearing. d. A good faith effort shall be made by the originating agency to notify the AGENCY. Failure of the AGENCY to receive notice shall not invalidate a decision. e. The AGENCY may respond at its discretion. Comments may be submitted in written form or an oral response may be made at the public hearing, if any. f. If received in a timely manner, the originating agency shall include or attach the AGENCY'S comments to the written staff report and respond to any concerns addressed by the AGENCY in the staff report or orally at the hearing, if any. g. Comments from the AGENCY received within the time allowed for comment before a decision shall be entered into the public record for the proposed action and shall be given consideration by the originating i agency. If, after such consideration, the originating agency acts contrary ! to the position of the AGENCY, the AGENCY may seek reconsideration or appeal the decision, if available, in accordance with the appropriate procedures of the originating agency. I h. Upon final action by the originating agency on a proposal, the originating agency shall provide the AGENCY with written notice of the final decision consistent with the originating agency's notification requirements. Failure r " F - j f I~ P I JI R1 1 1 IF Cooperative Agreement for Wastewater and Surface Water with Unified Sewerage Agency Page 9 to receive notice shall not invalidate the decision or toll the appeal period. The originating agency shall provide the AGENCY with a copy of the i final decision if the AGENCY requests a copy. F. Amendments to or Adoption of an Implementing Plan or Program 1. The COUNTY, the CITIES, and METRO shall provide the AGENCY with the opportunity to participate, review and comment on proposed amendments to or adoption of their respective implementing plans or programs that require approval by their governing body concerning facility or master plans for sanitary sewers or surface water, design and construction standards for sanitary sewers, surface water or roads; watershed plans; capital improvement programs for roads, i sanitary sewers or water quality/quantity facilities; major capital improvement y projects for the construction, maintenance or repair of roads, sanitary sewers or water quality/quantity facilities; and public involvement programs. The following procedures shall be followed by the COUNTY, the CITIES, and METRO, hereinafter the originating agency, to notify and involve the AGENCY in their processes to amend or adopt an implementing plan or program: a. The COUNTY, the CITIES, or METRO, shall notify the AGENCY of the proposal no less than twenty (20) days prior to the final hearing on s adoption. A good faith effort shall be made by the originating agency to notify the AGENCY. Failure of the AGENCY to receive notice shall not t I invalidate a decision. [ ` b. The AGENCY may respond at its discretion. Comments may be submitted in written form or an oral response may be made at the public hearing. i C. Comments from the AGENCY received within the time allowed for comment before a decision shall be entered into the public record for the proposed action and shall be given consideration by the originating ' l agency. If after such consideration, the originating agency acts contrary to the position of the AGENCY, the AGENCY may seek reconsideration I or appeal the action, if available, in accordance with the appropriate I procedures of the originating agency. 1 d. Upon final action by the originating agency, the originating agency shall I i } provide the AGENCY with written notice of the decision within thirty (30) days of the effective date of the decision. Failure to receive notice shall not invalidate the decision or toll the appeal period, if available. The originating agency shall provide the AGENCY with a copy of the final i action if the AGENCY requests a copy. G. Additional Coordination Requirements ? The COUNTY, the CITIES, and METRO, hereinafter the originating agency, shall notify f the AGENCY of the following actions by the originating agency that are located within the AGENCY S boundary or within one-half mile of the AGENCY S boundary. f S i i i- _J Cooperative Agreement for Wastewater and Surface Water with Unified Sewerage Agency Page 10 1 I 1. Development of new sites for publicly owned surface water facilities. The originating agency shall provide written notice to the AGENCY of such proposals j no less than twenty (20) days prior to commencement of development; and i 1 2 The acq,acifin, of nroperty(iesi for parks, recreational facilities, open space, or publicly owned surface water facilities. The originating agency snaii provide written notice to the AGENCY of such acquisitions no later than ninety (90) days t } after the date of acquisition. ; Failure to receive notice shall not invalidate such actions. j s 1 H. Coordination of AGENCY Interests A. The AGENCY shall provide the COUNTY, the CITIES, and METRO with the opportunity to participate, review, and comment on proposed amendments to or adoption of the 4. following implementing plans or programs for compliance with local comprehensive plans: facility or master plans for sanitary sewers and surface water, design and construction standards for sanitary sewers and surface water, watershed plans, and capital improvement programs. The following procedures shall be followed by the AGENCY to notify and involve the COUNTY, the CITIES, and METRO in its processes to amend or t i adopt these plans or programs: I 1. For minor amendments to an existing facility or master plan or other implementing f plan or program that requires approval by the AGENCY S Board of Directors, the j AGENCY shall provide the COUNTY, the CITIES, and METRO with written notice - . of the proposal no less than forty-five (45) days prior to the final hearing on adoption; and 2. For the adoption of new or major updates to a facility or master plan or other implementing plans or programs, the AGENCY shall provide written notice to the COUNTY, the CITIES, and METRO at the time such planning efforts are initiated in order to provide the COUNTY, the CITIES, and METRO with the opportunity to participate in the planning and adoption processes. In no case shall notice be provided less than forty-five (45) days prior to the final hearing on adoption. 3. Upon final action on a proposal, the AGENCY shall provide the COUNTY, the CITIES, and METRO with written notice of the decision within thirty (30) days of I the effective date of the decision. Failure to receive notice shall not invalidate the decision or toll the appeal period, if available. The AGENCY shall provide the C COUNTY, the CITIES, and METRO with a copy of the final action if a copy is requested. j i B. The AGENCY shall notify the COUNTY, the CITIES and METRO of the following { AGENCY actions that are located within the boundary of the COUNTY, a CITY or METRO or are located within one-half (Y:) mile of the boundary of a CITY'S Urban Planning Area: i i I 1. Development of new sites for regional sanitary sewer or surface water facilities. The AGENCY shall provide written notice to the appropriate jurisdiction of such i proposals no less than twenty (20) days prior to commencement of development; j and I i I ~ l L~ J 1 - U Cooperative Agreement for Wastewater and Surface Water with j Unified Sewerage Agency + Page 11 2. The acquisition of property(ies), including easements, for regional sanitary sewer or surface water facilities. The AGENCY shall provide written notice to the appropriate jurisdiction of such acquisitions no later than ninety (90) days after ! the date of acquisition. ® Failure to receive notice shall not invalidate such actions. I . f' III. Future Urban Service Agreements A. The AGENCY, COUNTY, METRO, and the CITIES of FOREST GROVE AND f CORNELIUS shall be parties to negotiate an urban service agreement in accordance with 4 ORS 195.065 for Urban Service Agreement Study Area Nos. 1 and 2 shown on I Attachment A. f B. The AGENCY, COUNTY, METRO, and the CITIES of HILLSBORO and BEAVERTON shall be parties to negotiate an urban service agreement in accordance with ORS 195.065 for Urban Service Agreement Study Area No. 3 shown on Attachment A. C. The AGENCY, COUNTY, METRO, and the CITIES of BEAVERTON, HILLSBORO, and PPP TIGARD shall be parties to negotiate an urban service agreement in accordance with ORS 195.065 for Urban Service Agreement Study Area No. 4 shown on Attachment A. k i D. The AGENCY, COUNTY, METRO, and the CITIES of BEAVERTON, DURHAM, KING CITY, TIGARD, and TUALATIN shall be parties to negotiate an urban service agreement j in accordance with ORS 195.065 for Urban Service Agreement Study Area No. 5 shown on Attachment A. f E. The AGENCY, COUNTY, METRO, and the CITIES of DURHAM, KING CITY, LAKE OSWEGO, SHERWOOD, TIGARD, and TUALATIN shall be parties to negotiate at uri,an ! service agreement in accordance with ORS 195.065 for Urban Service Agreement Study Area No. 6 shown on Attachment A. F. The AGENCY, COUNTY, METRO, and the CITIES of SHERWOOD and TUALATIN shall be parties to negotiate an urban service agreement in accordance with ORS 195.065 for Urban Service Agreement Study Area No. 7 shown on Attachment A. G. The AGENCY, COUNTY, METRO, and the CITY of PORTLAND shall be parties to negotiate an urban service agreement in accordance with ORS 195.065 for Urban Service Agreement Study Area No. 9 shown on Attachment B. IV. This AGREEMENT may be amended upon written consent of all affected parties. V. In the event this AGREEMENT is inconsistent with certain provisions of previous cooperative j agreements, prepared pursuant to ORS 195.020, between any of the parties to this i i AGREEMENT, the specific terms of this AGREEMENT shall control. VI. The provisions of this AGREEMENT become effective for each respective jurisdiction on the date of its signature to this AGREEMENT. i i 1 i Cooperative Agreement for Wastewater and Surface Water with Unified Sewerage Agency Page 12 f VII. Parties to this AGREEMENT may enter into additional or supplemental agreements regarding coordination pursuant to ORS 195 as long as they are not inconsistent with this AGREEMENT. VIII. If any potion of this AGREEMENT is declared invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining j ® portions of this AGREEMENT. f IX. If a dispute arises between the parties regarding breach of this agreement or I interpretation of any term thereof, the parties shall first attempt to resolve the dispute by I negotiation. If negotiation fails to resolve the dispute, the parties agree to submit the matter to nonbinding mediation. Only after these steps have been exhausted will the matter be submitted to arbitration. Step 1 - Negotiation. The managers or other persons designated by each of the disputing parties will negotiate on behalf of the entities they represent. The issues of the dispute shall be reduced to writing and each manager shall then meet and attempt to resolve the issue. If the dispute is f resolved with this step, there shall be a written determination of such resolution signed by each manager, which shall be binding upon the parties. Step 2 - Mediation. If the dispute cannot be resolved within 30 days of Step 1, the parties shall submit the matter to nonbinding mediation. The parties shall use good-faith efforts to agree on a -ti mediator. if they cannot agree, the parties shall request a list of five mediators from an entity or firm providing mediation services. The parties will attempt to mutually agree on a mediator from the list provided, but if they cannot agree, each party shall select one name and the two mediators shall jointly select a third mediator. The dispute shall be heard by the panel of three mediators and any common costs of mediation shall be bome equally by the parties, who shall each bear their own costs and fees therefor. If the issue is resolved at this Step, then a written determination of such resolution shall be signed by each manager and shall be binding upon the parties. Step 3 - Arbitration. After exhaustion of Steps 1 and 2 above, the matter shall be settled by binding arbitration in Washington County, Oregon, in accordance with the Commercial Arbitration i Rules of the American Arbitration Association pursuant to ORS 190.710-790. The arbitration shall be before a single arbitrator, nothing shall prevent the parties from mutually selecting an arbitrator or panel thereof who is not part of the AAA panel and agreeing upon arbitration rules and procedures. The cost of arbitration shall be shared equally. The arbitration shall be held within 60 j days of selection of the arbitrator unless otherwise agreed to by the parties. IN WITNESS WHEREOF, the parties have executed this COOPERATIVE AGREEMENT on the date set f` opposite their signatures. 4 i j I 1 ~ i 1 l ® I 1 Cooperative Agreement for j Wastewater and Surface Water with Unified Sewerage Agency Page 13 3 UNIFIED SEWERAGE AGENCY By Date } t i Chairman. Board of Directors 1 j Date Recording Secretary 3 j Approved As To Form h:. 1 1 Unified Sewerage Agency Agency Counsel t - - t 3 ~ . j ~ - j J Cooperative Agreement for ! Wastewater and Surface Water with Unified Sewerage Agency Page 14 BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, OREGON By Date Chairman Date t i Recording Secretary I q. Approved As To Form Washington County County Counsel i i J j i i i P F7, Cooperative Agreement for i Wastewater and Surface Water with E Unified Sewerage Agency Page 15 i f CITY OF BEAVERTON By Date I a Mayor Approved As To Form r City of Be _ . arton City Attorney i 1 U Cooperative Agreement for l Wastewater and Surface Water with Unified Sewerage Agency i Page 16 I i CITY OF CORNELIUS I Date By Mayor j Approved As To Form r, City of Cornelius City Attorney i E 1 I. f I . jG i I Cooperative Agreement for l Wastewater and Surface Water with i ^ Unified Sewerage Agency i Page 17 CITY OF DURHAM By Date Mayor Approved As To Form I City of Durham 1!j City Attomey J t I 1 I Cooperative Agreement for 91 Wastewater and Surface Water with i Unified Sewerage Agency Page 18 CITY OF FOREST GROVE my Ma or Date r, y i Approved As To Form i 9 City of Forest Grove City Attorney i I v { j II - S I 1 i i j Cooperative Agreement for - Wastewater and Surface Water with ' Unified Sewerage Agency j Page 19 I CITY OF HILLSBORO By Date Mayor i j Approved As To Form i City of Hillsboro City Attorney 1 - j; . 9 I" Y i i ; i I 1 i s I Cooperative Agreement for Wastewater and Surface Water with i Unified Sewerage Agency l Page 20 I I ~ i e 1 - a Ci I T OF KING CITY By Date e..-.:..._.,__•~__--._-,,__._-_ Mayor . Approved As To Form r City of King City t City Attorney t j • j - 3 j I } j _ i I a i i C I Cooperative Agreement for ! Wastewater and Surface Water with 1{ Unified Sewerage Agency { Page 21 i CITY OF LAKE OSWEGO { By Date [ - - - 1 Mayor 1 Approved As To Form City of Lake Oswego tt City Attorney t i . I I~ r" { 1 i job. Cooperative Agreement for Wastewater and Surface Water with I t Unified Sewerage Agency I Page 22 { 7 ® j _ ] r.ITV QP PORTi 4Nr) t By Date I Mayor i Approved As To Form ~i j City of Portland City Attorney t ' 1 I l Cooperative Agreement for j Wastewater and Surface Water with Unified Sewerage Agency Page 23 v.. i v. ~iLnYYVVU 1 By Date 1IIII a j Mayor I _ Approved As To Form y City of Sherwood City Attorney 9 i f i P Ll . WWI" I Cooperative Agreement for f Wastewater and Surface Water with Unified Sewerage Agency I j Page 24 ® i CIT1'BFT-RD J May" Crv nc~L P2 dot Approved As To Form City of Tigard City Attorney i 3 3 i j 1. Cooperative Agreement for j Wastewater and Surface Water with Unified Sewerage Agency Page 25 CITY OF TUALATIN By Date Mayor C Approved As To Form i ? City of Tualatin City Attorney i ; ' !G Cooperative Agreement for 3 Wastewater and Surface Water with Unified Sewerage Agency Page 26 s ~ v~r.vrvc vwrnrvr By Date j Officer Presiding O l j Approved As To Form I, { METRO ' Office of General Counsel g y Wordp d@ct-t: ~zhaladWnp\wpshara4oannar%4XUSALA]jr S.pt-b., 1997 - i 3 AaJ~ 7 _ i i 3 - 7 t i 3 k 1 ® _ I P _ i COOPERATIVE AGREEMENT FOR FIRE AND LIFE SAFETY SERVICES BETWEEN i TUALATIN VALLEY FIRE AND RESCUE; WASHINGTON COUNTY; j THE CITIES OF BEAVERTON, DURHAM, HILLSBORO, KING CITY, LAKE OSWEGO, PORTLAND, RIVERGROVE, SHERWOOD, TIGARD, TUALATIN, AND WILSONVILLE; AND THE METROPOLITAN SERVICE DISTRICT I - THIC AGRLE;.tE N'T Ic entered into by and hct'Waen TUALATIN VALLEY FIRE AND RESCUE, a special district of the State of Oregon, hereinafter referred to as DISTRICT; WASHINGTON COUNTY, a political i subdivision of the State of Oregon, hereinafter referred to as COUNTY; the CITIES OF BEAVERTON, CORNELIUS, DURHAM, FOREST GROVE, HILLSBORO, KING CITY, LAKE OSWEGO, PORTLAND, i SHERWOOD, TIGARD, TUALATIN, and WILSONVILLE, municipal corporations of the State of Oregon, hereinafter referred to as CITIES; and the METROPOLITAN SERVICE DISTRICT, a metropolitan service f district of the State of Oregon, hereinafter referred to as METRO. f{ WHEREAS, pursuant to ORS 197.175 (2), the COUNTY has land use planning authority over that territory of the DISTRICT lying within unincorporated Washington County; WHEREAS, pursuant to ORS 197.175 (2), the CITIES have land use planning authority over that territory of the DISTRICT lying within the respective city limit boundaries of the CITIES; WHEREAS, Statewide Planning Goal No. 2 (Land Use Planning) requires that city, county, state, and s federal agency and special district plans and actions shall be consistent with the comprehensive plans of the counties and cities adopted under ORS Chapter 197; WHEREAS, ORS 195.020 (1), requires that the DISTRICT exercise its planning duties, powers and ' responsibilities and take actions that are authorized by law with respect to programs affecting land use in - accordance with statewide planning goals; WHEREAS. ORS 195.020 (2),(3), and (4) require the DISTRICT, the COUNTY, the CITIES, and METRO to enter into a cooperative agreement that conforms to the following requirements: 1. Describe how the COUNTY and the CITIES will involve the DISTRICT in comprehensive planning; f 2. Describe the responsibilities of the DISTRICT in comprehensive planning; t 1 3. Establish the role and responsibilities of the COUNTY and the DISTRICT regarding COUNTY approval of new development; j 4. Establish the role and responsibilities of the CITIES and the DISTRICT regarding the CITIES' f approval of new development; I ti a 5. Describe how METRO will involve the DISTRICT in METRO's exercise of its regional planning responsibilities; i 6. Establish the role and responsibilities of the COUNTY and the CITIES regarding the DISTRICT'S i interests including, where applicable, fire and life safety services master planning and management, capital facilities, and real property; and 3 j 7. Specify the units of local govemment which shall be parties to an urban service agreement under j ORS 195.065; and i 1 - U Cooperative Agreement for Fire & Life Safety Services with Tualatin Valley Fire and Rescue Page 2 i WHEREAS, the DISTRICT, THE COUNTY, the CITIES, and METRO, in order to ensure that their planning programs are coordinated, consider it mutually advantageous to: 1. Establish a process for coordinating comprehensive planning and development; 2. Establish a process to coordinate the DISTRICTS interests; z 3. Establish a process for METRO to involve the DISTRICT in METRO's regional planning responsibilities; and I 4. Specify the units of local government which will be parties to an urban service agreement under i ORS 195.065. NOW THEREFORE, THE DISTRICT, THE COUNTY, THE CITIES, AND METRO, AGREE AS FOLLOWS: Ij 1. Coordination of Comprehensive Planning and Development ! 3 A. Definitions 1 i As used in this AGREEMENT, thw worse lint Pd halnw h.. o the n,canur E Comprehensive Plan means a generalized, coordinated land use map and policy ! statement of the governing body of the COUNTY or the CITIES that interrelates all ! functional and natural systems and activities relating to the use of lands, including but not _ limited to, sewer and water systems, transportation systems, educational facilities, recreational and park facilities, and natural resources and air and water quality management programs. Elements of a "comprehensive plan" include but are not limited to the following: transportation plan, public facility plan, community plans, and rural/natural resource plans. A CITY'S or the COUNTY'S capital improvement plan, a facilities plan (e.g., a water or wastewater facilities plan) or a park and recreation master plan may or may not be elements of a comprehensive plan . Development Action means a proposal to develop a specific unit or units of land under Ik county or city comprehensive plan provisions or land use r egulations that is either reviewed through a public hearing process, or through an administrative process when j notice of the proposal or notice of the decision with right of appeal is required to be If mailed to owners of property within a specified distance of the proposed development I site. i Such development actions may include, but are not limited to, zone changes, conditional or special uses, subdivisions, land partitions, planned unit developments, variances, site ! or design review, or other similar development actions which require public notice. Development actions do not include administrative decisions that do not require notice to adjoining property owners, and also do not include legislative determinations (e.g., i amendments to a comprehensive plan), annexations, and urban growth boundary amendments. Implementing Plan or Program means a set of technical design or construction standards (e.g., road or surface water design and construction standards); or plans, programs or activities of the COUNTY, a CITY, METRO or the DISTRICT which support a local i ~ I i r ~J I- L I Cooperative Agreement for Fire & Life Safety Services with Tualatin Valley Fire and Rescue Page 3 r i government's or special district's provision of the following public facilities and services: sanitary sewers; water, surface water; streets, roads, and mass transit; fire protection; and Darks, recreation and open space. An implementing plan or program may include j capiial improvement plans, park and recreation master pians, design and consiruciiun standards for roads, water supply systems, sanitary sewers or surface water, or a public j involvement program. j Land Use Regulation means any local government zoning ordinance, land division I ordinance adopted under ORS 92.044 or 92.046 or similar general ordinance establishing standards for implementing a comprehensive plan. Land use regulation does not include an implementing plan or program, such as road or surface water design and construction standards, annexations, urban growth boundary amendments, zoning map amendments, consideration of proposed development actions (e.g., conditional uses, site or design I review, and subdivisions), and building permits and other similar administrative-type decisions. Local Government means any city, county or metropolitan service district formed under ORS Ch. 268 or an association of local governments performing land use planning functions under ORS 195.025. Major Amendment to a Land Use Regulation or Comprehensive Plan means a legislative j change to a land use regulation or the text or map of a comprehensive plan that: 1. amends text which affects a large number of parcels or all parcels of land i - similady situated; 2. makes large scale map amendments; or f 3. involves the creation, broad scale implementation or revision of public policy. M iorAmendment to METRO'S Planning Goals and Objectives. Functional Plans, or Regional Framework Plan means a change to the Regional Urban Growth Goals and Objectives (RUGGOs), including the 2040 Growth Concept and the Urban Growth f Management Functional Plan, Public Involvement Plan, Regional Transportation Plan (RTP), and Metropolitan Transportation Improvements Program (MTIP), that involves the I creation, broad scale implementation or revision of public policy. I METRO Planning Goals and Objectives means the land use goals and objectives that METRO is required to adopt under ORS 268.380(1) called RUGGO. These goals and ' objectives do not constitute a comprehensive plan. METRO Functional Plans means plans adopted under ORS 268.390 to implement i regional goals and objectives which may "recommend" or "require" changes to I comprehensive plans. 1 j METRO Regional Framework Plan means the regional framework plan required by the 1992 METRO Charter or its separate components. Neither the regional framework plan nor its individual components constitute a comprehensive plan. I j Minor Amendment to METRO'S Planning Goals and Objectives. Functional Plans or - Regional Framework Plan means a change to the Regional Urban Growth Goals and I j f - Cooperative Agreement for Fire & Life Safety Services with Tualatin Valley Fire and Rescue Page 4 Objectives (RUGGOs), including the 2040 Growth Concept and the Urban Growth Management Functional Plan, Public Involvement Plan, Regional Transportation Plan (RTP), and Metropolitan Transportation Improvements Program (M71P), that does not involve the creation. broad scale implementation or revision of pubic po!:c- . - " Minor Amendment to a Land Use Regulation or Comprehensive Plan means a legislative change to a land use regulation or the text or map of a comprehensive plan, including small tract comprehensive plan map changes, that does not involve the creation, broad scale implementation or revision of public policy. OuasiJudicial Plan Amendment means a proposal to change the plan designation of a comprehensive plan map that affects a specific property or a small number of properties, i { or to change the alignment of a transportation facility that affects a single property or f other properties in the immediate vicinity. Quasi-judicial plan amendments are reviewed at a public hearing by the Planning Commission or the governing body. Quasi-judicial plan amendments do not affect large numbers of properties and they do not involve the creation, broad scale implementation or revision of public policy. Urban Service Agreement means an agreement between units of local government and special service districts that provide an urban service to an area within an urban 4rowth boundary that: ' I l 1. Specifies whether the urban service will be provided in the future by a city, i - county, district, authority or a combination of one or more cities, counties, districts i or authorities. 2. Sets forth the functional role of each service provider in the future provision of the urban service. 3. Determines the future service area for each provider of the urban service. ' I 4. Assigns responsibilities for: i fff , j a. Planning and coordinating provision of the urban service with other urban service providers; b. Planning, constructing and maintaining service facilities; and I j j c. Managing and administering provision of services to urban users. 5. Defines the terms of necessary transition in provision of urban services, 1 ownership of facilities, annexation of service territory, transfer of moneys or i project responsibility for projects proposed on a plan of the city or district prepared pursuant to ORS 223.309 and merger of service providers or other i measures for enhancing the cost efficiency of providing urban services. 6. Establishes a process for review and modification of the urban service agreement. j i I 1 I i I c .Now Cooperative Agreement for Fire & Life Safety Services with Tualatin Valley Fire and Rescue Page 5 B. Roles and Responsibilities of Parties 1. The DISTRICT is a fire protection service district organized in accordance with the provisions of ORS 478.002 et. seq., formed to provide service for fire and life safety services for the inhabitants of the DISTRICT. 2. The COUNTY and the CITIES, pursuant to ORS 197.175, are required to prepare, adopt, amend, and revise comprehensive plans in compliance with the Statewide planning goals, enact land use regulations to implement their comprehensive plans, and review development actions for compliance with their comprehensive plan and land use regulations. r 3. METRO, pursuant to ORS 268.380 and 390, is responsible for the Regional Urban Growth Boundary, the regional aspects of land use planning, transportation, air and water quality, regional parks and greenspaces, the zoo, and solid waste. C. COUNTY and CITY Amendments to or Adoption of a Comprehensive Plan or Land Use j Regulation and Amendments to the METRO Regional Urban Growth Boundary 1. The COUNTY and the CITIES shall provide the DISTRICT with the opportunity to i participate, review, and comment on proposed amendments to or adoption of their respective comprehensive plans or land use regulations as described below: a. Quasi-judicial plan amendments and small tract legislative plan map ` amendments that are located within the DISTRICTS boundary or within one-half ('/z) mile of the DISTRICTS boundary. Upon adoption of Urban Service Agreement(s), the notice area requirement shall be amended to f be applicable to actions located within the DISTRICTS urban service area boundary or rural lands located within one-half (112) mile of the jjDISTRICTS urban service area boundary; G b. Adoption of new comprehensive plan elements or land use regulations concerning plan or zoning designations, natural disasters and hazards, 111 public facilities and services, transportation systems, and emergency access requirements; and i c. Major or minor amendments to a comprehensive plan element or a land use regulation concerning plan or zoning designations, natural disasters and hazards, public facilities and services, transportation systems, and emergency access requirements. i i 2. METRO shall provide the DISTRICT with the opportunity to participate, review, i and comment on proposals to amend the Regional Urban Growth Boundary by a legislative amendment, major amendment or locational adjustment, as those terms are defined by METRO, that are located within the DISTRICTS boundary or within one-half (Y2) mile of the DISTRICTS boundary. Upon adoption of Urban Service Agreement(s), the notice area requirement shall be amended to be applicable to actions located within the DISTRICTS urban service area boundary or rural lands located within one-half (112) mile of the DISTRICTS urban service area boundary. t ® t J s_ Cooperative Agreement for Fire & Life Safety Services with Tualatin Valley Fire and Rescue Page 6 I 3. The following procedures shall be followed by the COUNTY, the CITIES, and METRO, hereinafter the originating agency, to notify and involve the DISTRICT in COUNTY and CITY processes to amend or adopt a comprehensive plan or land use regulation and mETRO processes iJ dniefd tine urban growth boundary: a. The originating agency shall provide the DISTRICT with written notice of j the proposal no less than forty-five (45) days prior to the final hearing on adoption. Providing the DISTRICT with a copy of the Department of Land Conservation and Development's Notice of Proposed Amendment shall satisfy this notification requirement. For the adoption of a new comprehensive plan element or land use regulation or a major amendment to a comprehensive plan element or land use regulation, as described in 1. b. and c. above, the originating agency shall provide the DISTRICT with more advanced notice, if available, in order to provide the DISTRICT with greater opportunity to participate in the planning and ordinance adoption processes. b. A good faith effort shall be made by the originating agency to notify the DISTRICT. Failure of the DISTRICT to receive notice shall not invalidate { a decision. I C. The DISTRICT may respond at its discretion. Comments shall be submitted in accordance with ORS 197 and may be submitted in written f _ form or an oral response may be made at the public hearing. [f! d. Comments from the DISTRICT received within the time allowed for c comment before a decision shall be entered into the public record for the proposed action and shall be given consideration by the originating { agency. If after such consideration, the originating agency acts contrary, t1t to the position of the DISTRICT, the DISTRICT may seek reconsideration t. or appeal the action, if available, in accordance with the appropriate p' procedures of the originating agency. i 1 e. Upon final action by the originating agency on a proposal, the originating agency shall provide the DISTRICT with written notice of the final decision consistent with the originating agency's notification requirements. Failure to receive notice shall not invalidate the decision f or toll the appeal period. The originating agency shall provide the C i DISTRICT with a copy of the final decision if the DISTRICT requests a COPY. D. Amendments to or Adoption of METRO Planning Goals and Objectives and METRO's Regional Framework Plan (includes Regional Urban Growth Goals and Objectives (RUGGOs), 2040 Growth Concept, Functional Plans, including the Urban Growth Management Functional Plan, Public Involvement Plan, Regional Transportation Plan and Metropolitan Transportation Improvements Program) i 1. METRO shall provide the DISTRICT with the opportunity to participate, review, and comment on proposed amendments to or adoption of its planning goals and objectives and regional framework plan. The following procedures shall be used ~ I i i r r t 1 e Cooperative Agreement for Fire & Life Safety Services with Tualatin Valley Fire and Rescue Page 7 by METRO to notify and involve the DISTRICT in its processes to amend or adopt its planning goals and objectives and regional framework plan: a. For minor amendments to an existing METRO functional planning goal or 1 objective or METRO'S regional framework plan, METRO shall notify the e6 DISTRICT of the proposal no less than forty-five (45) days prior to the final hearing on adoption; d b. For the adoption of new planning goals and objectives or functional plans; identification of urban reserve areas; or major updates to existing planning goals and objectives or the regional framework plan concerning natural disasters anu hazards, public facilities and services, emergency access requirements, 2040 Growth Concept designations, and transportation systems, METRO shall notify the DISTRICT of the i proposal at the time such planning efforts are initiated in order to provide j the DISTRICT with the opportunity to participate in the planning and adoption processes. In no case shall notice be provided less than forty- five (45) days prior to the final hearing on adoption. j e C. A good faith effort shall be made by METRO to notify the DISTRICT. Failure of the DISTRICT to receive notice shall not invalidate a decision. i ' d. The DISTRICT may respond at its discretion. Comments may be _ submitted in written form or an oral response may be made at MPAC, l METRO Council Committee or the public hearing. e. Comments from the DISTRICT received at the METRO Council Committee or at the public hearing within the time allowed for comments before a decision shall be entered into the public record for the proposed action and shall be given consideration by METRO. If after such consideration, METRO acts contrary to the position of the DISTRICT, the DISTRICT may seek reconsideration or appeal of the decision, if available, in accordance with the appropriate METRO procedures. f i f. Upon final action by METRO on a proposal, METRO shall provide the DISTRICT with written notice of the final decision within thirty (30) days of the effecfive date of the decision. Failure to receive notice shall not invalidate the decision or toll the appeal period, if available. METRO shall provide the DISTRICT a copy of the final decision if the DISTRICT requests a copy. E. Development Actions Requiring Individual Notice to Property Owners 1. The COUNTY and the CITIES shall provide the DISTRICT with the opportunity to review and comment on the following proposed development actions requiring ? public notice, described below, that are located within the DISTRICTS boundary or within one-half mile of the DISTRICTS boundary. Upon adoption of Urban Service Agreement(s), the notice area requirement shall be amended to be applicable to actions location within the DISTRICTS urban service area i boundary. 3 i i ~ i i 5 ® 1 i Cooperative Agreement for Fire & Life Safety Services with i Tualatin Valley Fire and Rescue i Page 8 i zone changes; land divisions, including subdivisions and partitions; planned unit developments; site or design review; floo,1 plain or drainage hazard area alterations; conditional or special uses, not including temporary use permits; and home occupations. - i ' 2. The following procedures shall be followed by the COUNTY and the CITIES, hereinafter the originating agency, to notify the DISTRICT of proposed development actions described in 1. above: i a. For development actions that are not reviewed at a public hearing, where public notice is provided in advance of the notice of decision, notify the DISTRICT of the proposal at the earliest opportunity, but no less than ten (10) days prior to the close of the public comment period; i b. For development actions that are not reviewed at a public hearing, where E public notice is not provided in advance of the notice of decision, notify f the DISTRICT of the proposal at least twenty (20) days prior to the i issuance of the notice of decision; or c. For development actions reviewed at a public hearing, notify the j DISTRICT no less than twenty (20) days before the date of the scheduled public hearing, or if two or more hearings will be held, ten (10) days before the first hearing. I d. A good faith effort shall be made by the originating agency to notify the DISTRICT. Failure of the DISTRICT to receive notice shall not invalidate a decision. t I e. The DISTRICT may respond at its discretion. Comments may be submitted in written form or an oral response may be made at the public hearing, if any. f. If received in a timely manner, the originating agency shall include or ! I attach the DISTRICTS comments to the written staff report and respond } to any concerns addressed by the DISTRICT in the staff report or orally at the hearing, if any. g. Comments from the DISTRICT received within the time allowed for ? comment before a decision shall be entered into the public record for the ? proposed action and shall be given consideration by the originating agency. If, after such consideration, the originating agency acts contrary ! to the position of the DISTRICT, the DISTRICT may seek reconsideration or appeal the decision, if available, in accordance with the appropriate procedures of the originating agency. h. Upon final action by the originating agency on a proposal, the originating j agency shall provide the DISTRICT with written notice of the final decision consistent with the originating agency's notification requirements. Failure to receive notice shall not invalidate the decision or toll the appeal period. The originating agency shall provide the I 1 i t ® j rF- 1 Cooperative Agreement for Fire & Life Safety Services with j Tualatin Valley Fire and Rescue 1 Page 9 i DISTRICT with a copy of the final decision if the DISTRICT requests a i copy. 1 ! F. Amendments to or Adoption of an Implementing Plan or Program - j 1. The COUNTY, the CITIES, and METRO shall provide the DISTRICT with the j opportunity to participate, review and comment on proposed amendments to or j adoption of their respective implementing plans or programs that require approval by their governing body concerning emergency access requirements; natural I j disasters and hazards; design and construction standards for roads and water i supply systems; capital improvement programs for roads and water supply systems; major capital improvement projects for the construction or repair of f roads and water supply systems; and public involvement plans. The following v procedures shall be followed by the COUNTY, the CITIES, and METRO, hereinafter the originating agency, to notify and involve the DISTRICT in their i processes to amend or adopt an implementing plan or program: a. The COUNTY, the CITIES, or METRO, shall notify the DISTRICT of the ? proposal no less than twenty (20) days prior to the final hearing on i ~ adoption. A good faith effort shall be made by the originating agency to i notify the DISTRICT. Failure of the DISTRICT to receive notice shall not i, invalidate a decision. I i _ - b. The DISTRICT may respond at its discretion. Comments may be - submitted in written form or an oral response may be made at the public hearing. j i C. Comments from the DISTRICT received within the time allowed for comment before a decision shall be entered into the public record for the f i proposed action and shall be given consideration by the originating agency. If after such consideration, the originating agency acts contrary to the position of the DISTRICT, the DISTRICT may seek reconsideration or appeal the action, if available, in accordance with the appropriate procedures of the originating agency. I d. Upon final action by the originating agency, the originating agency shall provide the DISTRICT with written notice of the decision within thirty (30) days of the effective date of the decision. Failure to receive notice shall not invalidate the decision or toll the appeal period, if available. The i originating agency shall provide the DISTRICT with a copy of the final action if the DISTRICT requests a copy. i G. Additional Coordination Requirements ! I s The COUNTY, the CITIES, and METRO, hereinafter the originating agency, shall notify w i the DISTRICT of the following actions by the originating agency that are located within the DISTRICTS boundary or within one-half (Y2) mile of the DISTRICTS boundary. j I 1. Development of new sites for fire, ambulance or emergency medical service 1 facilities. The originating agency shall provide written notice to the DISTRICT of I v i ~ i i f I I j i Cooperative Agreement for Fire & Life Safety Services with Tualatin Valley Fire and Rescue Page 10 such proposals no less than twenty (20) days prior to commencement of development; and i i 2. i ne acquisition of property(ies) for fire, ambulance or emergency medical service facilities. The originating agency shall provide written notice to the DISTRICT of ; such acquisitions no later than ninety (90) days after the date of acquisition. Failure to receive notice shall not invalidate such actions. it. Coordination of DISTRICT Interests i t A. The DISTRICT shall provide the COUNTY, the CITIES, and METRO with the opportunity f to participate, review, and comment on proposed amendments to or adoption of the i following implementing plans or programs for compliance with local comprehensive plans: fire and emergency services master plan, capital improvement program, and major + capital improvement projects. The following procedures shall be followed by the I DISTRICT to notify and involve the COUNTY, the CITIES, and METRO in its processes to amend or adopt these plans or programs: 1. For minor amendments to an existing facility or master plan or other - implementing plan or program that requires approval by the DISTRICTS Board of Directors, the DISTRICT shall provide the COUNTY, the CITIES, and METRO with written notice of the proposal no less than forty-five (45) days prior to the final hearing on adoption; and c . 2. For the adoption of new or major updates to a facility or master plan or other { implementing plans or programs, the DISTRICT shall provide written notice to the COUNTY, the CITIES, and METRO at the time such planning efforts are initiated in order to provide the COUNTY, the CITIES, and METRO with the opportunity to j participate in the planning and adoption processes. In no case shall notice be f provided less than forty-five (45) days prior to the final hearing on adoption. 3. Upon final action on a proposal, the DISTRICT shall provide the COUNTY, the CITIES, and METRO with written notice of the decision within thirty (30) days of the effective date of the decision. Failure to receive notice shall not invalidate the l decision or toll the appeal period, if available. The DISTRICT shall provide the COUNTY, the CITIES, and METRO with a copy of the final action if a copy is requested. i B. The DISTRICT shall notify the COUNTY, the CITIES and METRO of the following DISTRICT actions that are located within the boundary of the COUNTY, a CITY or METRO or are located within one-half mile of the boundary of a CITY'S Urban Planning Area. 1. Development of new sites for fire, ambulance or emergency medical service facilities. The DISTRICT shall provide written notice to the appropriate jurisdiction of such proposals no less than twenty (20) days prior to i commencement of development; and i 2. The acquisition of property(ies) for fire, ambulance or emergency medical facilities. The DISTRICT shall provide written notice to the appropriate i a V ® n 1 Cooperative Agreement for Fire & Life Safety Services with Tualatin Valley Fire and Rescue Page 11 jurisdiction of such acquisitions no later than ninety (90) days after the date of acquisition. Failure to receive noiice snau not mvangaie sucn actions. - - - - - - - - ' III. Future Urban Service Agreements A. The DISTRICT, COUNTY, METRO, and the CITIES of HILLSBORO and BEAVERTON shall be parties to negotiate an urban service agreement in accordance with ORS t 195.065 for Urban Service Agreement Study Area No. 3 shown on Attachment A. 4 B. The DISTRICT, COUNTY, METRO, and the CITIES of BEAVERTON, HILLSBORO, and k TIGARD shall be parties to negotiate an urban service agreement in accordance with ORS 195.065 for Urban Service Agreement Study Area No. 4 shown on Attachment A. { C. The DISTRICT, COUNTY, METRO, and the CITIES of BEAVERTON, DURHAM, KING CITY, TIGARD, and TUALATIN shall be parties to negotiate an urban service agreement in accordance with ORS 195.065 for Urban Service Agreement Study Area No. 5 shown R on Attachment A. D. The DISTRICT, COUNTY, METRO, and the CITIES of DURHAM, KING CITY, LAKE } OSWEGO, RIVERGROVE, SHERWOOD, TIGARD, and TUALATIN shall be parties to negotiate an urban service agreement in accordance with ORS 195.065 for Urban Service Agreement Study Area No. 6 shown on Attachment A. i , E. The DISTRICT, COUNTY, METRO, and the CITIES of SHERWOOD and TUALATIN shall be parties to negotiate an urban service agreement in accordance with ORS 195.065 for Urban Service Agreement Study Area No. 7 shown on Attachment A. F. The DISTRICT, COUNTY, METRO, and the CITY of WILSONVILLE shall be parties to negotiate an urban service agreement in accordance with ORS 195.065 for Urban ~ Service Agreement Study Area No. 8 shown on Attachment A. G. The DISTRICT, COUNTY, METRO, and the CITY of PORTLAND shall be parties to negotiate an urban service agreement in accordance with ORS 195.065 for Urban j Service Agreement Study Area No. 9 shown on Attachment B. IV. This AGREEMENT may be amended upon written consent of all affected parties. i V. In the event this AGREEMENT is inconsistent with certain provisions of previous cooperative i agreements, prepared pursuant to ORS 195.020, between any of the parties to this AGREEMENT, the specific terms of this AGREEMENT shall control. VI. The provisions of this AGREEMENT become effective for each respective jurisdiction on the date of its signature to this AGREEMENT. j VII. Parties to this AGREEMENT may enter into additional or supplemental agreements regarding coordination pursuant to ORS 195 as long as they are not inconsistent with this AGREEMENT. i i 1 V i t I® 1 t _ - 1 I P { Cooperative Agreement for { Fire & Life Safety Services with Tualatin Valley Fire and Rescue i Page 12 j VIII. If any potion of this AGREEMENT is declared invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of this AGREEMENT. - - IX. If a dispute arises between the parties regarding breach of this agreement or interpretation of any term thereof, the parties shall first attempt to resolve the dispute by j negotiation. If negotiation fails to resolve the dispute, the parties agree to submit the matter to non-binding mediation. Only after these steps have been exhausted will the matter be submitted to arbitration. i Step 1 - Negotiation. The managers or other persons designated by each of the disputing parties f will negotiate on behalf of the entities they represent. The issues of the dispute shall be reduced to writing and each manager shall then meet and attempt to resolve the issue. If the dispute is resolved with this step, there shall be a written determination of such resolution signed by each manager, which shall be binding upon the parties. 1 9 E Step 2 - Mediation. If the dispute cannot be resolved within 30 days of Step 1, the parties shall submit the matter to non-binding mediation. The parties shall use good-faith efforts to agree on a { mediator. If they cannot agree, the parties shall request a list of five mediators from an entity or f fir.,, - vidi. mediation services. The parties will attempt to mutually agree an a mediator from the list provided, but if they cannot agree, each party shall select one name and the two mediators - shall jointly select a third mediator. The dispute shall be heard by the panel of three mediators and any common costs of mediation shall be bome equally by the parties, who shall each bear their own costs and fees therefor. If the issue is resolved at this Step, then a written - - determination of such resolution shall be signed by each manager and shall be binding upon the parties. t t Step 3 - Arbitration. After exhaustion of Steps 1 and 2 above, the matter shall be settled by binding arbitration in Washington County, Oregon, in accordance with the Commercial Arbitration Rules of the American Arbitration Association pursuant to ORS 190.710-790. The arbitration. I shall be before a single arbitrator; nothing shall prevent the parties from mutually selecting an arbitrator or panel thereof who is not part of the AAA panel and agreeing upon arbitration rules and procedures. The cost of arbitration shall be shared equally. The arbitration shall be held i within 60 days of selection of the arbitrator unless otherwise agreed to by the parties. jj IN WITNESS WHEREOF, the parties have executed this COOPERATIVE AGREEMENT on the date set ? 1 opposite their signatures. j i ~ I a i 7 i 3 j I 1 I t t J ~n rr~ ~ {u Cooperative Agreement for t Fire & Life Safety Services with Tualatin Valley Fire and Rescue Page 13 1 TI IAI ATIN VAI I FV FIRE AND RESCUE By Date 1 Chairman, Board of Directors Approved As To Form I District Counsel { " ! Cooperative Agreement for Fire & Life Safety Services with Tualatin Valley Fire and Rescue Page 14 ~ i BOARD OF COUNTY COMMISSIONERS WASHINGTON COUNTY, OREGON By Date Chairman Date 9 Recording Secretary Approved As To Form ® Washington County County Counsel dd ~ , 1 Cooperative Agreement for Fire & Life Safety Services with j Tualatin Valley Fire and Rescue Page 15 i I CITY OF BER.VERTON - - ~ By Date j - • Mayor I g9 t `Approved As To Form a City of Beaverton City Attorney j t - 1 j 1 _ I p i I Ij Cooperative Agreement for Fire & Life Safety Services with JJJ Tualatin Valley Fire and Rescue Page 16 i qp 3 I - - CITY OF DURHAM By Date Mayor Approved As To Form City of Durham City Attorney f E p L Cooperative Agreement for Fire & Life Safety Services with Tualatin Valley Fire and Rescue Page 17 i i CITY OF HILLSBORO - - By Date f Mayor Approved As To Form City of Hillsboro City Attorney t _ YY I i J~ i I I i. i ~ i dft -now i j Cooperative Agreement for y Fire 8 Life Safety Services with E Tualatin Valley Fire and Rescue Page 18 t z i CITY OF KING CITY 3 By Date - - Mayor Approved As To Form u k f City of King City City Attorney 1 _ 1 1 I i j - S _ I i i ~ ! Cooperative Agreement for Fire & Life Safety Services with 1 Tualatin Valley Fire and Rescue Page 19 t ' CITY OF LAKE OSWEGO i By Date i Mayor Approved As To Form City of Lake Oswego City Attorney p 1 l j ` j 4 i i - - - Cooperative Agreement for ¢ Fire & Life Safety Services with ' Tualatin Valley Fire and Rescue ~i Page 20 ® CITY OF PORTLAND ( - By Date Mayor j 1 Approved As To Form d City of Portland City Attorney 77- ~ ` II I i l I i I Cooperative Agreement for Fire & Life Safety Services with Tualatin Valley Fire and Rescue Page 21 ~ I 9 ! CITY OF RIVFRGROVF By Date Mayor Approved As To Form City of Rivergrove City Attorney j l i 3 j i i f Cooperative Agreement for Fire & Life Safety Services with Tualatin valley Fire and Rescue i. Page 22 CITY OF SHERWOOD By Date Mayor Approved As To Form i City of Sherwood City Attorney 4 l f I i j - - - - - - - - - - - - - - - - - - - - Cooperative Agreement for 1 Fire & Life Safety Services with Tualatin Valley Fire and Rescue Page 23 C~# OF Tt@A D Date i Ap roved As To Form f i City of Tigard City Attorney .t ! J j i 7 Cooperative Agreement for Fire & Life Safety Services with Tualatin Valley Fire and Rescue Page 24 `I CITY OF TUALATIN By Date Mayor 3 Approved As To Form 1 I City of Tualatin City Attorney I I I i ;i V I Cooperative Agreement for Fire & Life Safety Services with i Tualatin Valley Fire and Rescue Page 25 CITY OF WILSONVILLE I - By Date - Mayor 7 Approved As To Form City of Wilsonville City Attorney i { ( l I- ( L~ Cooperative Agreement for Fire & Life Safety Services with Tualatin Valley Fire and Rescue Page 26 f METROPOLITAN SERVICE DISTRICT l I I I a By Date Presiding Officer Approved As To Form i " METRO Office of General Counsel Word~l: Wvr8ft1nQ%wP2ftAM &nnerl7VFRLA.ir S.W.Mer 1997 v 1. f 1 1 ' 33 j - j 1 i i E COOPERATIVE AGREEMENT FOR WATER SUPPLY SERVICES BETWEEN THE TIGARD WATER SERVICE AREA; THE TIGARD WATER DISTRICT; i WASHINGTON COUNTY; THE CITIES OF DURHAM, KING CITY, AND TIGARD; i AND THE METROPOLITAN SERVICE DISTRICT 3 1 i ® THIS AGREEMENT is entered into by and between the TIGARD WATER SERVICE AREA, hereinafter - - referred to as TWSA; the TIGARD WATER DISTRICT, a special district of the State of Oregon, hereinafter referred to as DISTRICT; WASHINGTON COUNTY, a political subdivision of the State of Oregon, f- hereinafter referred to as COUNTY; the CITIES OF DURHAM, KING CITY, and TIGARD, municipal corporations of the State of Oregon, hereinafter referred to as CITIES; and the METROPOLITAN l SERVICE DISTRICT, a metropolitan service district of the State of Oregon, hereinafter referred to as METRO. WHEREAS, the DISTRICT and the CITIES have formed the TIGARD WATER SERVICE AREA, an entity e $ formed through intergovernmental agreements for the provision of water supply services to the CITIES f and the DISTRICT; a i{ j WHEREAS, pursuant to ORS 197.175 (2), the COUNTY has land use planning authority over that territory of the TWSA lying within unincorporated Washington County; WHEREAS, pursuant to ORS 197.175 (2), the CITIES have land use planning authority over that territory ' of the TWSA lying within the respective city limit boundaries of the CITIES; j , WHEREAS, Statewide Planning Goal No. 2 (Land Use Planning) requires that city, county, state, and federal agency and special district plans and actions shall be consistent with the comprehensive plans of 1 the counties and cities adopted under ORS Chapter 197; i WHEREAS. ORS 195.020 (1), requires that the TWSA exercise its planning duties, powers and j responsibilities and take actions that are authorized by law with respect to programs affecting land use in 1 accordance with statewide planning goals; I WHEREAS, ORS 195.020 (2, 3, and 4) require the TWSA, the DISTRICT, the COUNTY, the CITIES, and METRO to enter into a cooperative agreement that conforms to the following requirements: i 1. Describe how the COUNTY and the CITIES will involve the TWSA in comprehensive planning; f 2. Describe the responsibilities of the TWSA in comprehensive planning; 3. Establish the role and responsibilities of the COUNTY and the TWSA regarding COUNTY approval of new development; ` 4. Establish the role and responsibilities of the CITIES and the TWSA regarding the CITIES' approval of new development; i 5. Describe how METRO will involve the TWSA in METRO's exercise of its regional planning responsibilities; i c 6. Establish the role and responsibilities of the COUNTY and the CITIES regarding the TWSA'S interests including, where applicable, water supply services, capital facilities, and real property; and 1 j I t 1 k t I L~ i j Cooperative Agreement for Water Supply Services with i Tigard Water Service Area Page 2 7. Specify the units of local government which shall be parties to an urban service agreement under ORS 195.065; and i I WHEREAS, the TWSA, the DISTRICT, the COUNTY, the CITIES, and METRO, in order to ensure that their planning programs are coordinated, ~ensider z luc! •z^'..;eu_ tr,: i 1. Establish a process for coordinating comprehensive planning and development; 2. Establish a process to coordinate the TWSA's interests; j , f 3. Establish a process for METRO to involve the TWSA in METRO's regional planning responsibilities; and t 4. Specify the units of local government which will be parties to an urban service agreement under ; ORS 195.065. I i ' i NOW THEREFORE, THE TWSA, THE DISTRICT, THE COUNTY, THE CITIES, AND METRO, AGREE f AS FOLLOWS: i 1. Coordination of Comprehensive Planning and Development A. Definitions As used in this AGREEMENT, the words listed below have the following meaning: i - Comprehensive Plan means a generalized, coordinated land use map and policy statement of the governing body of the COUNTY or the CITIES that interrelates all functional and natural systems and activities relating to the use of lands, including but not limited to, sewer and water systems, transportation systems, educational facilities, recreational and park facilities, and natural resources and air and water quality management programs. Elements of a "comprehensive plan" include but are not limited to the following: transportation plan, public facility plan, community plans, and I rural/natural resource plans. A CITY'S or the COUNTY'S capital improvement plan, a E facilities plan (e.g., a water or wastewater facilities plan) or a park and recreation master plan may or may not be elements of a comprehensive plan . j 3 Development Action means a proposal to develop a specific unit or units of land under y county or city comprehensive plan provisions or land use regulations that is either reviewed through a public hearing process, or through an administrative process when notice of the proposal or notice of the decision with right of appeal is required to be mailed ss to owners of property within a specified distance of the proposed development site. t Such development actions may include, but are not limited to, zone changes, conditional + or special uses, subdivisions, land partitions, planned unit developments, variances, site k or design review, or other similar development actions which require public notice. ` Development actions do not include administrative decisions that do not require notice to adjoining property owners, and also do not include legislative determinations (e.g., t amendments to a comprehensive plan), annexations, and urban growth boundary 4 amendments. t ® ~ r i~ Cooperative Agreement for Water Supply Services with Tigard Water Service Area Page 3 Implementing Plan or Program means a set of technical design or construction standards (e.g., road or surface water design and construction standards); or plans, programs or activities of the COUNTY, a CITY, METRO or the DISTRICT which support a local government's or special district's provision of the following public facilities and services: ® sanitary sewers; water; surface water, streets, roads, and mass transit; fire protection; and parks, recreation and open space. An implementing plan or program may include capital improvement plans, park and recreation master plans, design and construction standards for roads, water supply systems, sanitary sowers or surface wz!er, or a public involvement program. i Land Use Regulation means any local government zoning ordinance, land division ordinance adopted under ORS 92.044 or 92.046 or similar general ordinance establishing standards for implementing a comprehensive plan. Land use regulation does not include j an implementing plan or program, such as road or surface water design and construction standards, annexations, urban growth boundary amendments, zoning map amendments, consideration of proposed development actions (e.g., conditional uses, site or design ; review, and suboivisions), and building permits and other similar administrative-type decisions. Local Government means any city, county or metropolitan service district formed under ORS Ch. 268 or an association of local governments performing land use planning functions under ORS 195.025. l Maior Amendment to a Land Use Regulation or Comprehensive Plan means a legislative i change to a land use regulation or the text or map of a comprehensive plan that: ' 1. amends text which affects a large number of parcels or all parcels of land similarly situated; F 2. makes large scale map amendments: or 3. involves the creation, broad scale implementation or revision of public policy. Maior Amendment to METRO'S Planning Goals and Obiecfives Functional Plans or Regional Framework Plan means a change to the Regional Urban Growth Goals and i Objectives (RUGGOs), including the 2040 Growth Concept, and the Urban Growth Management Functional Plan, Public Involvement Plan, Regional Transportation Plan (RTP), and Metropolitan Transportation Improvements Program (MTIP), that involves the creation, broad scale implementation or revision of public policy. METRO Planning Goals and Obiectives means the land use goals and objectives that METRO is required to adopt under ORS 268.380(1) called RUGGO. These goals and objectives do not constitute a comprehensive plan. i s METRO Functional Plans means plans adopted under ORS 268.390 to implement regional goals and objectives which may "recommend" or "require" changes to comprehensive plans. 1 METRO Regional Framework Plan means the regional framework plan required by the 1992 METRO Charter or its separate components. Neither the regional framework plan nor its individual components constitute a comprehensive plan. i I t e ® 11 1 l~ Cooperative Agreement for Water Supply Services with Tigard Water Service Area S Page 4 Minor Amendment to METRO'S Planning Goals and Obiectives Functional Plans or 1 Regional Framework Plan means a change to the Regional Urban Growth Goals and nhipctives (RUGGOs), including the 2040 Growth Concept, and the Urban Growth Management Functional Plan, Pubiic invoivernent Plan, Regional Transportation Plan (RTP), and Metropolitan Transportation Improvements Program (MTIP), that does not involve the creation, broad scale implementation or revision of public policy. j Minor Amendment to a Land Use Regulation or Comprehensive Plan means a legislative change to a land use regulation or the text or map of a comprehensive plan, including j small tract comprehensive plan map changes, that does not involve the creation, broad scale implementation or revision of public policy. E Quasi4udfcfal Plan Amendment means a proposal to change the plan designation of a i comprehensive plan map that affects a specific property or a small number of properties, or to change the alignment of a transportation facility that affects a single property or other { properties in the immediate vicinity. Quasi-judicial plan amendments are reviewed at a public hearing by the Planning Commission or the governing body. Quasi-judicial plan amendments do not affect large numbers of properties and they do not involve the creation, broad scale implementation or revision of public policy. i Urban Service Agreement means an agreement between units of local government and special service districts that provide an urban service to an area within an urban growth boundary that: 1 f 1. Specifies whether the urban service will be provided in the future by a city, county, district, authority or a combination of one or more cities, counties, districts or authorities. i 2. Sets forth the functional role of each service provider in the future provision of the urban service. i 3. Determines the future service area for each provider of the urban service. j 4. Assigns responsibilities for i a. Planning and coordinating provision of the urban service with other urban f service providers; i b. Planning, constructing and maintaining service facilities; and j j c. Managing and administering provision of services to urban users. 5. Defines the terms of necessary transition in provision of urban services, ownership of facilities, annexation of service territory, transfer of moneys or project responsibility for projects proposed on a plan of the city or district prepared pursuant to ORS 223.309 and merger of service providers or other measures for enhancing the cost efficiency of providing urban services. j 6. Establishes a process for review and modification of the urban service agreement. i i i j i j s j i 7 i L~ _ i Cooperative Agreement for Water Supply Services with Tigard Water Service Area Page 5 i B. Roles and Responsibilities of Parties 1. The TWSA is comprised of the DISTRICT and the CITIES for the f the p;::,,oss t providing domestic water supply service to the inhabitants of the DISTRICT and the CITIES. The Board of Directors of TWSA acts on behalf of the DISTRICT and i the CITIES pursuant to intergovernmental agreements between the jurisdictions. { Pursuant to these intergovernmental agreements, the TWSA is managed by the CITY OF TIGARD. 2. The DISTRICT is a domestic water supply service district organized in accordance with the provisions of ORS 264.010 et. seq., formed to provide water supply service for the inhabitants of the DISTRICT. Pursuant to c intergovernmental agreements, the TWSA provides water supply service on 1 behalf of the DISTRICT. t 3. The COUNTY and the CITIES, pursuant to ORS 197.175, are required to { prepare, adopt, amend, and revise comprehensive plans in compliance with the { Statewide planning goals, enact land use regulations to implement their 4 comprehensive plans, and review development actions for compliance with their i comprehensive plan and land use regulations. ! 4. METRO, pursuant to ORS 268,380 and 390, is responsible for the Regional i Urban Growth Boundary, the regional aspects of land use planning, s transportation, air and water quality, regional parks and greenspaces, the zoo, ! and solid waste. C. COUNTY and CITY Amendments to or Adoption of a Comprehensive Plan or Land Use Regulation and Amendments to the METRO Regional Urban Growth Boundary f 1. The COUNTY and the CITIES shall provide the TWSA with the opportunity to ' participate, review, and comment on proposed amendments to or adoption of i their respective comprehensive plans or land use regulations as described below: i ~ a. Quasi-judicial plan amendments and small tract legislative plan map [[p amendments that are located within the TWSA'S boundary or within one- half mile of the TWSA'S boundary. Upon adoption of Urban Service y Agreement(s), the notice area requirement shall be amended to be applicable to actions located within the DISTRICTS urban service area boundary or rural lands located within one-half mile of the DISTRICTS urban service area boundary-, i b. Adoption of new comprehensive plan elements or land use regulations concerning water supply and distribution; urbanization issues, including but not limited to growth management, plan or zoning designations, natural hazards, natural areas, and transportation systems; and 1 , i c. Major or minor amendments to a comprehensive plan element or a land use regulation concerning water supply and distribution; urbanization i r ■ I 1 4 i i Cooperative Agreement for Water Supply Services with Tigard Water Service Area Page 6 i issues, including but not limited to growth management, plan or zoning designations, natural hazards, natural areas, and transportation systems. 2. METRO shall provide the TWSA with the opportunity to participate, review, and ® comment an proposals to amend the Regional Urban Growth Boundary by a smendmen!, major amendment or loc-it!ona! an;ustment. as muse terms are defined by METRO, that are located within the TWSA'S boundary or within one-half mile of the TWSA'S boundary. Upon adoption of Urban ; Service Agreement(s), the notice area requirement shall be amended to be E applicable to actions located within the DISTRICTS urban service area boundary or rural lands located within one-half mile of the DISTRICTS urban service I area boundary. 3. The following procedures shall be followed by the COUNTY, the CITIES, and s METRO, hereinafter the originating agency, to notify and involve the TWSA in COUNTY and CITY processes to amend or adopt a comprehensive plan or land use regulation and METRO processes to amend the urban growth boundary: k a. The originating agency shall provide the TWSA with written notice of the proposal no less than forty-five (45) days prior to the final hearing on adoption. Providing the TWSA with a copy of the Department of Land Conservation and Development's Notice of Proposed Amendment shall satisfy this notification requirement. For the adoption of a new comprehensive plan element or land use regulation or a major amendment to a comprehensive plan element or land use regulation, as ! described in 1. b. and c. above, the originating agency shall provide the i TWSA with more advanced notice, if available, in order to provide the TWSA with greater opportunity to participate in the planning and ordinance adoption processes. b. A good faith effort shall be made by the originating agency to notify the TWSA. Failure of the TWSA to receive notice shall not invalidate a decision. p 1 C. The TWSA may respond at its discretion. Comments shall be submitted in accordance with ORS 197 and may be submitted in written form or an ! oral response may be made at the public hearing. i ! d. Comments from the TWSA shall be entered into the public record for the j proposed action and shall be given consideration by the originating agency. If after such consideration, the originating agency acts contrary to the position of the TWSA, the TWSA may seek reconsideration or appeal the action, if available, in accordance with the appropriate procedures of the originating agency. i e. Upon final action by the originating agency on a proposal, the originating agency shall provide the TWSA with written notice of the final decision consistent with the originating agency's notification requirements. Failure to receive notice shall not invalidate the decision or toll the appeal period. The originating agency shall provide the TWSA with a copy of the final decision if the TWSA requests a copy. j i t j ~J 1 • 1, Cooperative Agreement for Water Supply Services with Tigard Water Service Area Page 7 D. Amendments to or Adoption of METRO Planning Goals and Objectives and METRO's Regional Framework Plan (includes Regional Urban Growth Goals and Objectives (RUGGOs), 2040 Growth Concept, Functional Plans, including the Urban Growth Management Functional Plan, Public Involvement Plan and Metropolitan Transportation m.p, vvcmcnw 4 I 1. METRO shall provide the IWJA with the opporiunify to pnrficipet9, rPview , and comment on proposed amendments to or adoption of its planning goals and f objectives and regional framework plan. The following procedures shall be used by METRO to notify and involve the TWSA in its processes to amend or adopt its planning goals and objectives and regional framework plan: i a. For minor amendments to an existing METRO functional planning goal or [ objective or METRO'S regional framework plan, METRO shall notify the j TWSA of the proposal no less than forty-five (45) days prior to the final i hearing on adoption; b. For the adoption of new planning goals and objectives or functional plans; identification of urban reserve areas; or major updates to existing f planning goals and objectives or the regional framework plan conceming i water supply and distribution; natural hazards; natural areas; growth t management, including but not limited to 2040 Growth Concept t Designations; and transportation systems, METRO shall notify the TWSA j of the proposal at the time such planning efforts are initiated in order to E provide the TWSA with the opportunity to participate in the planning and adoption processes. In no case shall notice be provided less than forty- five (45) days prior to the final hearing on adoption. C. A good faith effort shall be made by METRO to notify the TWSA. Failure of the TWSA to receive notice shall not invalidate a decision. d. The TWSA may respond at its discretion. Comments may be submitted in written form or an oral response may be made at MPAC, METRO Council Committee or the public hearing. i e. Comments from the TWSA received at the METRO Council Committee t or at the public hearing within the time allowed for comments shall be entered into the public record for the proposed action and shall be given consideration by METRO. If after such consideration, METRO acts contrary to the position of the TWSA, the TWSA may seek reconsideration or appeal of the decision, if available, in accordance with the appropriate METRO procedures. f. Upon final action by METRO on a proposal, METRO shall provide the TWSA with written notice of the final decision within thirty (30) days of the effective date of the decision. Failure to receive notice shall not invalidate the decision or toll the appeal period, if available. METRO shall provide the TWSA a copy of the final decision if the TWSA requests a copy. f i ' i i I r'p F . I Cooperative Agreement for Water Supply Services with Tigard Water Service Area Page 8 E. Development Actions Requiring Individual Notice to Property Owners ® 1. The COUNTY and the CITIES shall provide the TWSA with the opportunity to review and comment on the following proposed development actions requiring .iG i,vti..o __LaJ boiv:r • u~iii: iii TirC Niiu,~, uoo..~,..o.. , 'u`~'a. ago ww....J.. .JA'S boundary or are contiguous to the TWSA'S boundary. Upon adoption of Urban Service Agreement(s), the notice area requirement shall be amended to be applicable to actions located within the DISTRICT'S urban service area boundary or rural lands located within one-half (1/2) mile of the DISTRICTS urban service area boundary. zone changes; land divisions, including subdivisions and partitions; planned unit developments; site or design review; flood plain or drainage hazard area alterations; conditional or special uses, not including temporary use permits or home occupations. s 2. The following procedures shall be followed by the COUNTY and the CITIES, hereinafter the originating agency, to notify the TWSA of proposed development actions described in 1. above: "s a. For development actions that are not reviewed at a public hearing, where I public notice is provided in advance of the notice of decision, notify the TWSA of the proposal at the earliest opportunity, but no less than ten (10) days prior to the close of the public comment period; i - b. For development actions that are not reviewed at a public hearing, where public notice is not provided in advance of the notice of decision, notify i the TWSA of the proposal at least twenty (20) days prior to the issuance of the notice of decision; or r j c. For development actions reviewed at a public hearing, notify the TWSA no less than twenty (20) days before the date of the scheduled public hearing, or if two or more hearings will be held, ten (10) days before the first hearing. i d. A good faith effort shall be made by the originating agency to notify the TWSA. Failure of the TWSA to receive a notice shall not invalidate a decision. e. The TWSA may respond at its discretion. Comments may be submitted in written form or an oral response may be made at the public hearing, if any. f. If received in a timely manner, the originating agency shall include or attach the TWSA'S comments to the written staff report and respond to any concerns addressed by the TWSA in the staff report or orally at the hearing, if any. g. Comments from the TWSA received within the time allowed for a decision shall be entered into the public record for the proposed action and shall be given consideration by the originating agency. If, after such i s ' i t Cooperative Agreement for Water Supply Services with Tigard Water Service Area Page 9 consideration, the originating agency acts contrary to the position of the TWSA, the TWSA may seek reconsideration or appeal the decision, if available, in accordance with the appropriate procedures of the originating agency. h. Upon final action by the originating agency on a proposal, the originating agency shall provide the TWSA with written notice of the final decision consistent with the originating agency's notification requirements. Failure I to receive notice shall not invalidate the decision or toll the appeal period. The originating agency shall provide the TWSA with a copy of the final decision. if the TVVSA requests a copy. k F. Amendments to or Adoption of an Implementing Plan or Program f r. 1. The COUNTY, the CITIES, and METRO shall provide the TWSA with the opportunity to participate, review and comment on proposed amendments to or adoption of their respective implementing plans or programs that require approval by their governing body concerning facility or master plans for water supply t services; design and construction standards for water supply services; capital t improvement projects for the construction, maintenance or repair of water supply i systems and roads; and public involvement programs. The following procedures shall be followed by the COUNTY, the CITIES, and METRO, hereinafter the originating agency, to notify and involve the TWSA in their processes to amend or _ adopt an implementing plan or program: a. The COUNTY, the CITIES, or METRO, shall notify the TWSA of the proposal no less than twenty (20) days prior to the final hearing on t adoption. A good faith effort shall be made by the originating agency to notify the TWSA. Failure of the TWSA to receive notice shall not t invalidate a decision. b. The TWSA may respond at its discretion. Comments may be submitted in written form or an oral response may be made at the public hearing. C. Comments from the TWSA received in a timely manner shall be entered j into the public record for the proposed action and shall be given consideration by the originating agency. If after such consideration, the originating agency acts contrary to the position of the TWSA, the TWSA may seek reconsideration or appeal the action, if available, in accordance with the appropriate procedures of the originating agency. ' d. Upon final action by the originating agency, the originating agency shall I provide the TWSA with written notice of the decision within thirty (30) i days of the effective date of the decision. Failure to receive notice shall not invalidate the decision or toll the appeal period, if available. The originating agency shall provide the TWSA with a copy of the final action if the TWSA requests a copy. G. Additional Coordination Requirements i i 4 i r L~ j I~ ~i i I Cooperative Agreement for Water Supply Services with Tigard Water Service Area i Page 10 ti The COUNTY, the CITIES, and METRO, hereinafter the originating agency, shall notify i the TWSA of the following actions by the originating agency that are located within the TWSA'S boundary or within one-half mile of the TWSA'S boundary. Failure to receive notice shall not invalidate such actions. 1. Development of new sites for source, storage or transmission or domestic water. The originating agency shall provide written notice to the TWSA of such proposals no less than twenty (20) days prior to commencement of development; and t t 2. The acquisition of property(ies), including easements, for source, storage or F transmission of domestic water. The originating agency shall provide written L notice to the T WSF1 of SUCH ai.yiiiSitiunS Ii0 later al ninety (90) days after the date of acquisition. i ~ II. Coordination of TVVSA Interests A. The TWSA shall provide the COUNTY, the CITIES, and METRO with the opportunity to participate, review, and comment on proposed amendments to or adoption of the following implementing plans or programs for compliance with local comprehensive plans: facility or master plans for water supply services, capital improvement program, and major capital improvement projects. The following procedures shall be followed by the i TWSA to notify and involve the COUNTY, the CITIES, and METRO in its processes to amend or adopt these plans or programs: i - 4 i 1. For minor amendments to an existing facility or master plan or other implementing plan or program that requires approval by the TWSA'S Bcard of Directors, the K TWSA shall provide the COUNTY, the CITIES, and METRO with written notice of the proposal no less than forty-five (45) days prior to the final hearing on adoption; and 2. For the adoption of new or major updates to a facility or master plan or other implementing plans or programs, the T✓VSA shall provide written notice to the I COUNTY, the CITIES, and METRO at the time such planning efforts are initiated t in order to provide the COUNTY, the CITIES, and METRO with the opportunity to participate in the planning and adoption processes. In no case shalt notice be r provided less than forty-five (45) days prior to the final hearing on adoption. I i 3. Upon final action on a proposal, the TWSA shall provide the COUNTY, the I CITIES, and METRO with written notice of the decision within thirty (30) days of the effective date of the decision. Failure to receive notice shall not invalidate the decision or toll tha appeal period, if available, The TWSA shall provide the COUNTY, the CITIES, and METRO with a copy of the final action if a copy is requested. B. The TWSA shall notify the COUNTY, the CITIES and METRO of the following RWSA actions that are located within the boundary of the COUNTY, a CITY or METRO or are located within one-half (A) mile of the boundary of a CITY'S Urban Planning Area. Failure to receive notice shalt not invalidate such actions. i i ~ I I e I ~ J Cooperative Agreement for Water Supply Services with Tigard Water Service Area Page 11 1. Development of new sites for source, storage or transmission of domestic water. The TWSA shall provide written notice to the appropriate jurisdiction of such proposals no less than twenty (20) days prior to commencement of development; and i 2. Tile aCquisiticn of prnnartyliasl, includinq easements, for source, storage or transmission of domestic water. The TWSA shall provide written notice to the appropriate jurisdiction of such acquisitions no later than ninety (90) days after the date of acquisition. i s III. Future Urban Service Agreements The TWSA, the DISTRICT, the COUNTY, METRO, and the CITIES of DURHAM, KING CITY, and TIGARD shall be parties to negotiate an urban service agreement in accordance with ORS 195.065 for Urban Service Agreement Study :roa No. 5 shown on Attachment A. i IV. This AGREEMENT may be amended upon written consent of all affected parties. l V. In the event this AGREEMENT is inconsistent with certain provisions of previous cooperative agreements, prepared pursuant to ORS 195.020, between any of the parties to this i AGREEMENT, the terms of this AGREEMENT shall control. VI. The provisions of this AGREEMENT become effective for each respective jurisdiction on the date , t of its signature to this AGREEMENT. I VII. Parties to this AGREEMENT may enter into additional or supplemental agreements regarding coordination pursuant to ORS 195 as long as they are not inconsistent with this p AGREEMENT. i VIII. If any potion of this AGREEMENT is declared invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of this AGREEMENT. j 6 IX. If a dispute arises between the parties regarding breach of this agreement or j interpretation of any term thereof, the parties shall first attempt to resolve the dispute by negotiation. If negotiation fails to resolve the dispute, the parties agree to submit the I j matter to non-binding mediation. Only after these steps have been exhausted will the a matter be submitted to arbitration. r Step 1 - Negotiation. The managers or other persons designated by each of the disputing parties ` will negotiate on behalf of the entities they represent. The issues of the dispute shall be reduced G j to writing and each manager shall then meet and attempt to resolve the issue. If the dispute is resolved with this step, there shall be a written determination of such resolution signed by each t manager, which shall be binding upon the parties. i Step 2 - Mediation. If the dispute cannot be resolved within 30 days of Step 1, the parties shall submit the matter to non-binding mediation. The parties shall use good-faith efforts to agree on a j mediator. If they cannot agree, the parties shall request a list of five mediators from an entity or firm providing mediation services. The parties will attempt to mutually agree on a mediator from the list provided, but if they cannot agree, each party shall select one name and the two mediators i i 1 Cooperative Agreement for f Water Supply Services with r Tigard Water Service Area Page 12 shall jointly select a third mediator. The dispute shall be heard by the panel of three mediators ' I and any common costs of mediation shall be bome equally by the parties, who shall each bear ' their own costs and fees therefor. If the issue is resolved at this Step, then a written determination of such resolution shall be signed by each manager and shall be bindinq upon the parties. _ Step 3 - Arbitration. After exhaustion of Steps 1 and 2 above, the matter shall be settled by y binding arbitration in Washington County, Oregon, in accordance with the Commercial Arbitration Rules of the American Arbitration Association pursuant to ORS 190.710-790. The arbitration shall be before a single arbitrator, nothing shall prevent the parties from mutually selecting an arbitrator or panel thereof who is not part of the AAA panel and agreeing upon arbitration rules and I procedures. The cost of arbitration shall be shared equally. The arbitration shall be held within 60 t days of selection of the arbitrator unless otherwise agreed to by the parties, f{ IN WITNESS WHEREOF, the parties have executed this COOPERATIVE AGREEMENT on the date set opposite their signatures. j TIGARD WATER SERVICE AREA i i I By Date Chairman, Board of Directors Approved As To Form t ~ C Counsel f i I r I f t I J i 17 j Cooperative Agreement for f Water Supply Services with Tigard Water Service Area i t Page '13 j i i - I 130ARD OF COUNTY COMM!MCNIERS' WASHINGTON COUNTY, OREGON i By Date Chairman Date Recording Secretary ` Approved AS To Form 1 Washington County County Counsel i } i i f t 1 it t" - 11 Cooperative Agreement for Water Supply Services with Tigard Water Service Area Page 14 CITY OF ni tcunM i - - _ ~ By Date ! 7 Mayor Approved As To Form 1 t City of Durham a City Attorney E a i j `i j Cooperative Agreement for Water Supply Services with Tigard Water Service Area Page 15 9 CITY OF KING CITY {j By Date Mayer ' Approved As To Form ~t CErS{4 1 F ..t i City of King City City Attorney 1 i i t i ' _ . _1 i 7 Cooperative Agreement for Water Supply Services with d F"1 Tigard Water Service Area Page 16 I CIT)' OF T / ( Ely- ~`~`COUnuI PnYs:dcnk Approved As To Form I r - 4)-f Ti and 9 City Attorney 1 I 1 7 r- - i I Cooperative Agreement for I 1 Water Supply Services with Tigard Water Service Area Page 17 I METROPOLITAN SERVICE DISTRICT q By Date E ' I Presiding Officer tt, Approved As To Form k I 3 l _ METRO Office of General Counsel . Word-J: 4nanAbinOMDah~roVannuI TWSA-CA.Ir _ Sap~~m6er 7997 i I COOPERATIVE AGREEMENT FOR WATER SUPPLY SERVICES BETWEEN i THE TUALATIN VALLEY WATER DISTRICT, WASHINGTON COUNTY; THE CITIES OF BEAVERTON, HILLSBORO, PORTLAND, AND TIGARD; AND THE METROPOLITAN SERVICE DISTRICT i i i ° THI5 AG"EMEN T is eniered inio by enu batweca uiB TUALATiiv Vi LLE i A7ATER Dia T RiCT, a speda; district of the State of Oregon, hereinafter referred to as DISTRICT; WASHINGTON COUNTY, a political subdivision of the State of Oregon, hereinafter referred to as COUNTY; the CITIES OF BEAVERTON, HILLSBORO, PORTLAND, and TIGARD, municipal corporations of the State of Oregon, hereinafter referred to as CITIES; and the METROPOLITAN SERVICE DISTRICT, a metropolitan sarvica district of the State of Oregon, hereinafter referred to as METRO. 1 WHEREAS, pursuant to ORS 197.175 (2), the COUNTY has land use planning authority over that territory !j of the DISTRICT lying within unincorporated Washington County; i 4. 1 WHEREAS, pursuant to ORS 197.175 (2), the CITIES have land use planning authority over that territory of the DISTRICT tying within the respective city limit boundaries of the CITIES; y WHEREAS, Stataxide Planning Goal No. 2 (Land Use Planning) requires that city, county, state, and ` federal agency and special district plans and actions shall be consistent with the comprehensive plans of the counties and cities adopted under ORS Chapter 197; WHEREAS, ORS 195.020 (1), requires that the DISTRICT exercise its planning duties, powers and 1 responsibilities and take actions that are authorized by law with respect to programs affecting land use in accordance with statewide planning goals; - WHEREAS, ORS 195.020 (2, 3, and 4) require the DISTRICT, the COUNTY, the CITIES, and METRO to l enter Into a cooperative agreement that conforms to the following requirements: I 1. Describe how the COUNTY and the CITIES will involve the DISTRICT in comprehensive planning; i 2. Describe the responsibilities of the DISTRICT in comprehensive planning; 3. Establish the role and responsibilities of the COUNTY and the DISTRICT regarding COUNTY j approval of new development; 4. Establish the role and responsibilities of the CITIES and the DISTRICT regarding the CITIES' { approval of new development; I 5. Describe how METRO will involve the DISTRICT in METRO's exercise of its regional planning responsibilities; 6. Establish the role and responsibilities of the COUNTY and the CITIES regarding tho DISTRRICT''S I interests including, where applicable, water supply services, capital facilities, and real property; 3 and 7. Specify the units of local government which shall be parties to an urban service agreement under ORS 195.065; and WHEREAS, the DISTRICT, THE COUNTY, the CITIES, and METRO, in order to ensure that their planning programs are coordinated, consider it mutually advantageous to: - IJ ' v 7 I i I l j ' ~ JI i Cooperative Agreement for Water Supply Services with Tualatin Valley Water District Page 2 1. Establish a process for coordinating comprehensive planning and development; 2. Establish a process to coordinate the DISTRICTs interests; ® 3. Establish a process for METRO to involve the DISTRICT in METRO's regional planning responsibilities; and i 4. Specify the units of local government which will be parties to an urban service agreement under i 1 ORS 195.065. I NOW THEREFORE, THE DISTRICT, THE COUNTY, THE CITIES, AND METRO, AGREE AS j FOLLOWS: f i I, Coordination of Comprehensive Planning and Development ! k A. Definitions E As used in this AGREEMENT, the words listed below have the following meaning: S • Comprehensive Plan means a generalized, coordinated land use map and policy statement of the governing body of the COUNTY or the CITIES that interrelates all functional and natural systems and activities relating to the use of lands, including but not i limited to, sewer and water systems, transportation systems, educational facilities, I recreational and park facilities, and natural resources and air and water quality management programs. Elements of a "comprehensive plan" include but are not limited to the following: transportation plan, public facility plan, community plans, and rural/natural resource plans. A CITY'S or the COUNTY'S capital improvement plan, a ' facilities plan (e.g., a water or wastewater facilities plan) or a park and recreation master plan may or may not be elements of a comprehensive plan . Development Action means a proposal to develop a specific unit or units of land under t county or city comprehensive plan provisions or land use regulations that is either f. reviewed through a public hearing process, or through an administrative process when notice of the proposal or notice of the decision with right of appeal is required to be mailed to owners of property within a specked distance of the proposed development site. 1 Such development actions may include, but are not limited to, zone changes, conditional or special uses, subdivisions, land partitions, planned unit developments, variances, site or design review, or other similar development actions which require public notice. Development actions do not include administrative decisions that do not require notice to adjoining property c ricrs, and also do not include legislativo dctorminat-ons (e.g., amendments to a comprehensive plan), annexations, and urban growth boundary amendments. Implementing Plan or Program means a set of technical design or construction standards (e.g., road or surface water design and construction standards); or plans, programs or activities of the COUNTY, a CITY, METRO or the DISTRICT which support a local government's or special district's provision of the following public facilities and services: sanitary sewers; water; surface water, streets, roads, and mass transit; fire protection; and parks, recreation and open space. An implementing plan or program may include capital improvement plans, park and recreation master plans, design and construction c j I 7 Cooperative Agreement for Water Supply Services with Tualatin Valley Water District Page 3 standards for roads, water supply systems, sanitary sewers or surface water, or a public j involvement program. Land Use Regulation means any local government zoning ordinance, land division ordinance adopted under ORS 92.044 or 92.046 or similar general ordinance establishing standards for implementing a comprehensive plan. Land use regulation Boas nof include an implementing plan or program, such as road or surface water design and construction standards, annexations, urban growth boundary amendments, zoning map amendments, i consideration of proposed development actions (e.g., conditional uses, site or design review, and subdivisions), and building permits and other similar administrative-type decisions. I Local Government means any city, county or metropolitan service district formed under ORS Ch. 268 or an association of local governments performing land use planning functions under ORS 195.025. I Maor Amendment to a Land Use Regulation or Comprehensive Plan means a legislative change to a land use regulation or the text or map of a comprehensive plan that: 1. amends text which affects a large number of parcels or all parcels of land similarly situated; ! 2. makes large scale map amendments; or j f 3. involves the creation, broad scale implementation or revision of public policy. j Maior Amendment to METRO'S Planning Goals and Objectives Functional Plans or t Regional Framework Plan means a change to the Regional Urban Growth Goals and Objectives (RUGGOs), including the 2040 Growth Concept, and the Urban Growth Management Functional Plan, Public Involvement Plan, Regional Transportation Plan (RTP), and Metropolitan Transportation Improvements Program (MTIP), that involves the creation, broad scale implementation or revision of public policy. i METRO Plannina Goals and Obiectives means the land use goals and objectives that METRO is required to adopt under ORS 268.380(1) called RUGGO. These goals and objectives do not constitute a comprehensive plan. f METRO Functional Plans means plans adopted under ORS 268.390 to implement j regional goals and objectives which may "recommend" or "require" changes to comprehensive plans. f O Rca!cner Framework Plan means the re^'^^a! Ya „ ,._~owork plan required by the 1992 METRO Charter or its separate components. Neither the regional framework plan i nor its individual components constitute a comprehensive plan. ! Minor Amendment to METRO'S Planning Goals and Objectives. Functional Plans, or Regional Framework Plan means a change to the Regional Urban Growth Goals and Objectives (RUGGOs), including the 2040 Growth Concept, and the Urban Growth i Management Functional Plan, Public Involvement Plan, and Metropolitan Transportation Improvements Program (MTIP), that does not involve the creation, broad scale implementation or revision of public policy. i i i { i 7 I Cooperative Agreement for Water Supply Services with Tualatin Valley Water District Page 4 i i 1 Minor Amendment to a Land Use Regulation or Comprehensive Plan means a legislative change to a land use regulation or the text or map of a comprehensive plan, including small tract comprehensive plan map changes, that does not involve the creation, broad r scale implementation or revision of public policy. i Quasijudicial lan Amendment means a proposal to change the plan designation of a - comprehensive plan map that affects a specific property or a small number of properties, 444 or to change the alignment of a transportation facility that affects a single property or other q properties in the immediate vicinity. Quasi-judicial plan amendments are reviewed at a public hearing by the Planning Commission or the governing body. Quasi-judicial plan i amendments do not affect large numbers of properties and they do not involve the r creation, broad scale implementation or revision of public policy. Urban Service Agreement means an agreement between units of local government and i special service districts that provide an urban service to an area within an urban growth boundary that: F 1. Specifies whether the urban service will be provided in the future by a city, county, district, authority or a combination of one or more cities, counties, districts or authorities. t 2. Sets forth the functional role of each service provider in the future provision of the _ i urban service. I Determines the future service area for each provider of the urban service. { 4. Assigns responsibilities for: a. Planning and coordinating provision of the urban service with other urban_ service providers; b. Planning, constructing and maintaining service facilities; and c. Managing and administering provision of services to urban users. k~ 5. Defines the terms of necessary transition in provision of urban services, I ownership of facilities, annexation of service territory, transfer of moneys or project responsibility for projects proposed on a plan of the city or district i prepared pursuant to ORS 223.309 and merger of service providers or other measures for enhancing the cost efficiency of providing urban services. 6. Establishes a process for review and modification of the urban service agreement. i i 7 7 J ti { 1 { i i Cooperative Agreement for Water Supply Services with Tualatin Valley Water District Page 5 i B. Roles and Responsibilities of Parties 1. The DISTRICT is a domestic water supply service district organized in accordance with the provisions of ORS 264.010 et. seq., formed to provide water supp;y tt vicc iii 6ho D:GTRiCT. 2. The COUNTY and the CITIES, pursuant to ORS 197.175, are required to prepare, adopt, amend, and revise comprehensive plans in compliance with the Statewide planning goals, enact land use regulations to implement their comprehensive plans, and review development actions for compliance with their i comprehensive plan and land use regulations. 3. METRO, pursuant to ORS 268.380 and 390, is responsible for the Regional s fi Urban Growth Boundary, the regional aspects of land use planning, transportation, air and water quality, regional parks and greenspaces, the zoo, and solid waste. t C. COUNTY and CITY Amendments to or Adoption of a Comprehensive Plan or Land Use Regulation and Amendments to the METRO Regional Urban Growth Boundary F. 1. The COUNTY and the CITIES shall provide the DISTRICT with the opportunity to participate, review, and comment on proposed amendments to or adoption of their respective comprehensive plans or land use regulations as described below: a. Quasi-judicial plan amendments and small tract legislative plan map amendments that are located within the DISTRICTS boundary or within one-half (Y2) mile of the DISTRICTS boundary. Upon adoption of Urban Service Agreement(s), the notice area requirement shall be amended to be applicable to actions located within the DISTRICTS urban service { i area boundary or rural lands located within one-half (1/2) mile of the l DISTRICTS urban service area boundary; G f b. Adoption of new comprehensive plan elements or land use regulations concerning water supply and distribution; urbanization issues, including but not limited to growth management, plan or zoning designations, natural hazards, natural areas, and transportation systems; and c. Major or minor amendments to a comprehensive plan element or a land use regulation conceming water supply and distribution; urbanization issues, including but not limited to growth management, plan or zoning designations, natural hazards, natural areas, and transportation systems. i 2. METRO shall provide the DISTRICT with the opportunity to participate, review, and comment on proposals to amend the Regional Urban Growth Boundary by a legislative amendment, major amendment or locational adjustment, as those terms are defined by METRO, that are located within the DISTRICTS boundary or within one-half mile of the DISTRICTS boundary. Upon adoption of Urban Service Agreement(s), the notice area requirement shall be amended to be applicable to actions located within the DISTRICTS urban service area boundary or rural lands located within one-half (1/2) mile of the DISTRICTS urban service area boundary. i s i , I Cooperative Agreement for Water Supply Services with Tualatin Valley Water District Page 6 3. The following procedures shall be followed by the COUNTY, the CITIES, and METRO, hereinafter the originating agency, to notify and involve the DISTRICT in I COUNTY and CITY processes to amend or adopt a comprehensive plan or land use regulation and METRO processes to amend the urban growth hmineinrv: i a. The originating agency shall provide the DISTRICT with written notice of t the proposal no less than fcrty ve (45) days prior to the final hearing on adoption. Providing the DISTRICT with a copy of the Department of Land Conservation and Development's Notice of Proposed Amendment shall satisfy this notification requirement. For the adoption of a new I comprehensive plan element or land use regulation or a major amendment to a comprehensive plan element or land use regulation, as described in 1. b. and c. above, the originating agency shall provide the i DISTRICT with more advanced notice, if available, in order to provide the DISTRICT with greater opportunity to participate in the planning and ordinance adoption processes. f b. A good faith effort shall be made by the originating agency to notify the ! DISTRICT. Failure of the DISTRICT to receive notice shall not invalidate a decision. C. The DISTRICT may respond at its discretion. Comments shall be submitted in accordance with ORS 197 and may be submitted in written E - form or an oral response may be made at the public hearing. d. Comments from the DISTRICT shall be entered into the public record for the proposed action and shall be given consideration by the originating agency. If after such consideration, the originating agency acts contrary to the position of the DISTRICT, the DISTRICT may seek reconsideration or appeal the action, if available, in accordance with the appropriate I procedures of the originating agency. e. Upon final action by the originating agency on a proposal, the originating agency shall provide the DISTRICT with written notice of the final decision consistent with the originating agency's notification requirements. Failure to receive notice shall not invalidate the decision or toll the appeal period. The originating agency shall provide the DISTRICT with a copy of the final decision if the DISTRICT requests a COPY. D. Amendments to or Adoption of METRO Planning Goals and Objectives and METRO's Regional Framework Plan (includes Regional Urban Growth Goals and Objectives (RUGGOs), 2040 Growth Concept, Functional Plans, including the Urban Growth Management Functional Plan, Public Involvement Plan and Metropolitan Transportation Improvements Program) 1. METRO shall provide the DISTRICT with the opportunity to participate, review, and comment on proposed amendments to or adoption of its planning goals and objectives and regional framework plan. The following procedures shall be used v i i i ® ~ I Cooperative Agreement for Water Supply Services with Tualatin Valley Water District Page 7 by METRO to notify and involve the DISTRICT in its processes to amend or adopt its planning goals and objectives and regional framework plan: Fcr mine, a-c. d-a nts v an - - ' RO Nriciiondi pidnning goai or iiy ir ~ objective or METRO'S regional framework plan, METRO shall notify the DISTRICT of the proposal no less than forty-five (45) days prior to the final hearing on adoption; i b. For the adoption of new planning goals and objectives or functional plans; identification of urban reserve areas; or major updates to existing planning goals and objectives or the regional framework plan concerning water supply and distribution; natural hazards; natural areas; growth j management, including but not limited to 2040 Growth Concept Designations; and transportation systems, METRO shall notify the DISTRICT of the proposal at the time such planning efforts are initiated in order to provide the DISTRICT with the opportunity to participate in the planning and adoption processes. In no case shall notice be provided less than forty-five (45) days prior to the final hearing on adoption. C. A good faith effort shall be made by METRO to notify the DISTRICT. Failure of the DISTRICT to receive notice shall not Invalidate a decision. i d. The DISTRICT may respond at its discretion. Comments may be submitted in written form or an oral response may be made at MPAC, METRO Council Committee or the public hearing. e. Comments from the DISTRICT received at the METRO Council Committee or at the public hearing within the time allowed for comments I before a decision shall be entered into the public record for the proposed t action and shall be given consideration by METRO. If after such consideration, METRO acts contrary to the position of the DISTRICT, the DISTRICT may seek reconsideration or appeal of the decision, if available, in accordance with the appropriate METRO procedures. I ' i f. Upon final action by METRO on a proposal, METRO shall provide the ! DISTRICT with written notice of the final decision within thirty (30) days of the effective date of the decision. Failure to receive notice shall not invalidate the decision or toll the appeal period, if available. METRO shall provide the DISTRICT a copy of the final decision if the DISTRICT requests a copy. E. Development Actions Requiring Individual Notice to Property Owners 1. The COUNTY and the CITIES shall provide the DISTRICT with the opportunity to review and comment on the following proposed development actions requiring public notice, described below, that are located within the DISTRICTS boundary or are contiguous to tha DISTRICTS boundary. Upon adoption of Urban Service Agreement(s), the notice area requirement shall be amended to be applicable to actions located within the DISTRICTS urban service area boundary. i ~ i i _ I 1 i ~II I.. I, Cooperative Agreement for Water Supply Services with Tualatin Valley Water District Page S zone changes; land divisions, including subdivisions and partitions; planned unit developments; site or design review; flood plain or drainage hazard area alterations; conditional or special uses, not including temporary use permits or home occupations. 2. The following procedures shall be followed by the COUNTY and the CITIES, hereinafter the originating agency, to notify the DISTRICT of proposed development actions described in 1. above: a. For development actions that are not reviewed at a public hearing, where public notice is provided in advance of the notice of decision, notify the DISTRICT of the proposal at the earliest opportunity, but no less than ten (10) days prior to the close of the public comment period; r b. For development actions that are not reviewed at a public hearing, where public notice is not provided in advance of the notice of decision, notify the DISTRICT of the proposal at least twenty (20) days prior to the issuance of the notice of decision; or i I C. For development actions reviewed at a public hearing, notify the DISTRICT no less than twenty (20) days before the date of the scheduled public hearing, or if two or more hearings will be held, ten (10) days before the first hearing. d. A good faith effort shall be made by the originating agency to notify the yyy` i DISTRICT. Failure of the DISTRICT to receive a notice shall not invalidate a decision. e. The DISTRICT may respond at its discretion. Comments may be submitted in written forth or an oral response may be made at the public hearing, if any. f. If received in a timely manner, the originating agency shall include or i attach the DISTRICTS comments to the written staff report and respond j to any concerns addressed by the DISTRICT in the staff report or orally I at the hearing, if any. g. Comments from the DISTRICT received within the time allowed for comment before a decision shall be entered into the public record for the proposed action and shall be given consideration by the originating agency. If, after such consideration, the originating agency acts contrary to the position of the DISTRICT, the DISTRICT may seek reconsideration or appeal the decision, if available, in accordance with the appropriate procedures of the originating agency. h. Upon final action by the originating agency on a proposal, the originating agency shall provide the DISTRICT with written notice of the final decision consistent with the originating agency's notification requirements. Failure to receive notice shall not invalidate the decision or toll the appeal period. The originating agency shall provide the 0 's { I ~ I i rr- Cooperative Agreement for Water Supply Services with Tualatin Valley Water District Page 9 r DISTRICT with a copy of the final decision if the DISTRICT requests a copy. F. Amendments to or Adoption of an Implementing Plan or Program 1. The COUNTY, the CITIES, and METRO shall provide the DISTRICT with the opportunity to participate, review and comment on proposed amendments to or adoption of their respective implementing plans or programs that require approval by their governing body concerning facility or master plans for water supply services; design and construction standards for wcter supply services; capital improvement programs for water supply services and roads; major capital improvement projects for the construction, maintenance or repair of water supply systems and roads; and public involvement programs. The following procedures j shall be followed by the COUNTY, the CITIES, and METRO, hereinafter the t originating agency, to notify and involve the DISTRICT in their processes to I amend or adopt an implementing plan or program: I a. The COUNTY, the CITIES, or METRO, shall notify the DISTRICT of the proposal no less than twenty (20) days prior to the final hearing on adoption. A good faith effort shall be made by the originating agency to r notify the DISTRICT. Failure of the DISTRICT to receive notice shall not invalidate a decision. b. The DISTRICT may respond at its discretion. Comments may be submitted in written form or an oral response may be made at the public hearing. i C. Comments from the DISTRICT received in a timely manner shall be entered Into the public record for the proposed action and shall be given consideration by the originating agency. If after such consideration, the originating agency acts contrary to the position of the DISTRICT, the DISTRICT may seek reconsideration or appeal the action, if available, in E accordance with the appropriate procedures of the originating agency. f d. Upon final action by the originating agency, the originating agency shall provide the DISTRICT with written notice of the decision within thirty (30) days of the effective date of the decision. Failure to fecelve notice shall i not invalidate the decision or toll the appeal period, if available. The originating agency shall provide the DISTRICT with a copy of the final action if the DISTRICT requests a copy. G. Additional Coordination Requirements The COUNTY, the CITIES, and METRO, hereinafter the originating agency, shall notify the DISTRICT of the following actions by the originating agency that are located within the DISTRICTS boundary or within one-half mile of the DISTRICTS boundary. Failure to receive notice shall not invalidate such actions. 1. Development of new sites for source, storage or transmission or domestic water. The originating agency shall provide written notice to the DISTRICT of such i ~ i f Cooperative Agreement for " Water Supply Services with Tualatin Valley Water District Page 10 i proposals no less than twenty (20) days prior to commencement of development; and 2. The acquisition of propertv(ies). including easements; for snurce, storage or transmission of domestic water. The originating agency shall provide written notice to the DISTRICT of such acquisitions no later than ninaty (00) days after the date of acquisition. i IL Coordination of DISTRICT Interests l j A. The DISTRICT shall provide the COUNTY, the CITIES, and METRO with the opportunity to participate, review, and comment on proposed amendments to or adoption of the i following implementing plans or programs for compliance with local comprehensive plans: facility or master plans for water supply services, capital improvement program, and major capital improvement projects. The following procedures shall be followed by the DISTRICT to notify and involve the COUNTY, the CITIES, and METRO in its processes to amend or adopt these plans or programs: i 1. For minor amendments to an existing facility or master plan or other implementing plan or program that requires approval by the DISTRICTS Board of Directors, the ! DISTRICT shall provide the COUNTY, the CITIES, and METRO with written notice of the proposal no less than forty-five (45) days prior to the final hearing on t adoption;and 2. For the adoption of new or major updates to a facility or master plan or other implementing plans or programs, the DISTRICT shall provide written notice to the 1 COUNTY, the CITIES, and METRO at the time such planning efforts are initiated , in order to provide the COUNTY, the CITIES, and METRO with the opportunity to participate In the planning and adoption processes. In no case shall notice be I provided less than forty-five (45) days prior to the final hearing on adoption. 3. Upon final action on a proposal, the DISTRICT shall provide the COUNTY, the CITIES, and METRO with written notice of the decision within thirty (30) days of I ~ the effective date of the decision. Failure to receive notice shall not invalidate the i decision or toll the appeal period, if available. The DISTRICT shall provide the COUNTY, the CITIES, and METRO with a copy of the final action if a copy is requested. B. The DISTRICT shall notify the COUNTY, the CITIES and METRO of the following DISTRICT actions that are located within the boundary of the COUNTY, a CITY or METRO or are located within one-half mile of the boundary of a CITY S Urban Planning Area. Failure to receive notice shall not invalidate such actions. 1. Development of new sites for source, storage or transmission of domestic water. The DISTRICT shall provide written notice to the appropriate jurisdiction of such proposals no less than twenty (20) days prior to commencement of development; and 2. The acquisition of property(ies), including easements, for source, storage or + transmission of domestic water. The DISTRICT shall provide written notice to the i t i i J --d a Cooperative Agreement for Water Supply Services with Tualatin Valley Water District Page 11 appropriate jurisdiction of such acquisitions no later than ninety (90) days after j the date of acquisition. III. Future Urban Service Agreements i A. The DISTRICT, COUNTY, METRO, and the CITiES of HILLSBORO and BEAVERTON shall be parties to negotiate an urban service agreement in accordance with ORS 195.065 for Urban Service Agreement Study Area No. 3 shown on Attachment A. i B. The DISTRICT, COUNTY, METRO, and the CITIES of BEAVERTON, HILLSBORO, and € TIGARD shall be parties to negotiate an urban service agreement in accordance with I ORS 195.065 for Urban Service Agreement Study Area No. 4 shown on Attachment A. E s C. The DISTRICT, COUNTY, METRO, and the CITIES of BEAVERTON and TIGARD shall be parties to negotiate an urban service agreement in accordance with ORS 19.065 for Urban Service Agreement Study Area No. 5 shown on Attachment A. D. The DISTRICT, COUNTY, METRO, and the CITY of PORTLAND shall be parties to negotiate an urban service agreement in accordance with ORS 195.065 for Urban Service Agreement Study Area No. 9 shown on Attachment B. IV. This AGREEMENT may be amended upon written consent of all affected parties. V. In the event this AGREEMENT is inconsistent with certain provisions of previous cooperative ' a Y;' agreement, prepared pursuant to ORS 195.020, between any of the parties to this AGREEMENT, the terns of this AGREEMENT shall control. VI. The provisions of this AGREEMENT become effective for each respective jurisdiction on the date of its signature to this AGREEMENT. VII. Parties to this AGREEMENT may enter into additional or supplemental agreements regarding coordination pursuant to ORS 195 as long as they are not inconsistent with this G AGREEMENT. _ VIII. If any potion of this AGREEMENT is declared invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining i portions of this AGREEMENT. IX. If a dispute arises between the parties regarding breach of this agreement or interpretation of any term thereof, the parties shall first attempt to resolve the dispute by ! negotiation. If negotiation fails to resolve the dispute, the parties agree to submit the matter to non-binding mediation. Only after these steps have been exhausted will the matter be submitted to arbitration. Step 1 - Negotiation. The managers or other persons designated by each of the disputing parties will negotiate on behalf of the entities they represent. The issues of the dispute shall be reduced to writing and each manager shall then meet and attempt to resolve the issue. If the dispute is resolved with this step, there shall be a written determination of such resolution signed by each manager, which shall be binding upon the parties. r` t i { L i ? Cooperative Agreement for Water Supply Services with Tualatin Valley Water District Page 12 Step 2 - Mediation. If the dispute cannot be resolved within 30 days of Step 1, the parties shall submit the matter to non-binding mediation. The parties shall use good-faith efforts to agree on a ' mediator. If they cannot agree, the parties shall request a ftt of flva mediators from an entity or fe.^.n providing rriedidiion services. i ne parties will attempt to mutually agree on a mediator from the list provided, but if they cannot agree, each party shall select one name and the two mediators shall jointly select a third mediator. The dispute shall be heard by the panel of three mediators and any common costs of mediation shall be bome equally by the parties, who shall each bear their own costs and fees therefor. If the issue is resolved at this Step, then a written determination l of such resolution shall be signed by each manager and shall be binding upon the parties. Step 3 - Arbitration. After exhaustion of Steps 1 and 2 above, the matter shall be settled by binding arbitration in Washington County, Oregon, in accordance with the Commercial Arbitration ( Rules of the American Arbitration Association pursuant to ORS 190.710-790. The arbitration shall be before a single arbitrator, nothing shall prevent the parties from mutually selecting an arbitrator t or panel thereof who is not part of the AAA panel and agreeing upon arbitration rules and s procedures. The cost of arbitration shall be shared equally. The arbitration shall be held within 60 days of selection of the arbitrator unless otherwise agreed to by the parties. I IN WITNESS WHEREOF, the parties have executed this COOPERATIVE AGREEMENT on the date set opposite their signatures. l TUALATIN VALLEY WATER DISTRICT ; By Date 1 Chairman, Board of Directors Approved As To Form ~ r District Counsel i 3 1 ( i e s i a i a i I t rpp--- i , , I ; s Cooperative Agreement for ° Water Supply Services with Tualatin Valley Water District j Page 13 E f ® - 20-ARD OF COUNTY COMMISSIONERS 4 WASHINGTON COUNTY, OREGON 3 By Date Chairman i Date Recording Secretary 6 Approved As To Form f , i Washington County qqi County Counsel I I 1 f I i j5)~ I 1 _ 3 7 i i j ! Cooperative Agreement for j Water Supply Services with Tualatin Valley Water District a Page 14 ! f CITY OF BEAVERTON By Date Mayor a j Approved As To Form City of Beaverton f City Attorney i ~1 4 i f l ~ j~ } 1 1 I ~ j ?l - iG f Cooperative Agreement for Water Supply Services with Tualatin Valley Water District i Page 15 j a CITY OF HILLSBORO l By Date Mayor Approved As To Form City of Hillsboro City Attorney j i i i ~ - f i f 1 p j Cooperative Agreement for Water Supply Services with Tualatin Valley Water District - Page 16 CITY OF PORTLAND i . By Date Mayor Approved As To Form City of Portland City Attorney i - j I - l i a. I I I Cooperative Agreement for i Water Supply Services with I Tualatin Valley Water District 1 Page 17 ;I II 1 i ® i vi-ry nC T16AGR A f _ Date I1 ~aS~Cj'7 BGr_y= MOOT t b P~QS deny . i Approved As To Form City of Tiga a City Attorney .1 Ys W~ i a i 9 k 1 i l Cooperative Agreement for Water Supply Services with Tualatin Valley Water District Page 18 ® METROPOU AN SERVICE DiS RiCi j By Date t Presiding Officer ! 1 Approved As To Form i METRO s Office of General Counsel 3 $~plsmW 1DD7 Watt-J: ylyMdpln9WM5lyny0annNrvw0u4r od. j i 1 1 t i 1 1 1 AGENDA ITEM # FOR AGENDA OF November 25. 1997 f j CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY e s ISSUE/AGENDA TITLE Establishment of the Commercial Area Sewer Extension Prouram ^ n~ I, V O-P PREPARED B~': A.P. DEPT HEAD OK CITY MGR OK IYII/ GC~ ! i ISSUE BEFORE THE COUNCIL ; - Shall City Council approve the establishment of a Commercial Area Sewer Extension Program? ( - . s i STAFF RECOMMENDATION I Staff recommends that City Council approve the attached resolution establishing the Commercial Area Sewer i Extension Program. 1 INFORMATION SUMMARY 1 n June 13, 1995, Tigard City Council, by motion, approved the Capital Improvement Program for FY 1995-96 7 at included funding to establish the Neighborhood Sewer Extension Program. The Neighborhood Sewer Extension Program extends public sewers to residential neighborhoods and recover costs through Reimbursement Districts in accordance with TMC Chapter 13.09. On June 24, 1997, Tigard City Council, by motion, approved the r ; Capital Improvement Program for FY 1997-98, which again included funding under the Sanitary Sewer Fund for I the Neighborhood Sewer Extension Program. ? Tigard City Council wishes to extend sanitary sewers into commercial areas as well as residential neighborhoods, and has directed staff to prepare and submit to Council the documents necessary to establish a commercial area sewer extension program. The attached resolution establishes the Commercial Area Sewer Extension Program, which will extend sanitary sewer service to commercial areas. Recovery of costs for installing sanitary sewers under this program will be through Reimbursement Districts in accordance with TMC Chapter 13.09. The funding f source will be the Sanitary Sewer Fund amount authorized in the 1997-98 Capital Improvement Program Budget { for the Neighborhood Sewer Extension Program. The resolution gives priority to projects in residential neighborhoods, should funding for proposed projects exceed the funding available. i OTHER ALTERNATIVES CONSIDERED - Approve the resolution with modifications. Do not approve the resolution. l ~ i i i , t „ FISCAL NOTES The amount of $500,000 under the Sanitary Sewer Fund is authorized in the FY 1997-98 Capital Improvement i Program for the Neighborhood Sewer Extension Program. This funding source will provide the funding for both the Neighborhood Sewer Extension Program and the Commercial Area Sewer RxtPncinn n-r . L\c ityw i de\su m\casextp.sum x ~ - f 1 1 i i i I AGENDA ITEM # FOR AGENDA OF November 25. 1997 j CITY OF TIGARD, OREGON I COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Progress Update on Development of Com:)rehensive Public Facilities Plan for Streets Sewers Sidewalks and Streetlights PREPARED BY: A.P Duenas DEPT HEAD OK G'-Po 6 CITY MGR OK ISSUE BEFORE THE COUNCIL y Progress update on Council Goal to Develop a comprehensive Public Facilities Plan that includes construction, management, f:mding and maintenance for streets, sewers, sidewalks and streetlights. { I STAFF RECOMMENDATION Informational briefing - No action required. This progress update is to give City Council information on the ~ projected schedule for accomplishing the Council Goal, on the progress that has been made to date, and to t;° provide Council an opportunity to discuss the goal and schedule with staff. _ INFORMATION SUMMARY City Council has established a goal for development of comprehensive Public Facility Plans for streets, sewers, sidewalks and streetlights. This is a long-term goal that will take 18 months to 2 years to complete. The lead department for this goal is the Engineering Department. Attached is a schedule developed by the Engineering i Department for initiating and completing Public Facility Plans for each of the infrastructure items identified in the goal. This schedule lists the tasks and approximate time frames for accomplishment of the tasks. Involvement of the Planning Commission and opportunities for citizen involvement are also identified on the project schedule. The Engineering Department is in the initial stages of this schedule and will make every effort to adhere to the time frames established for development of the plan elements. Progress briefings will be given to City Council quarterly. The Transportation System Plan (TSP) update study currently being performed by DKS is a key component of the Public Facility Plan for streets. A recent meeting with DKS revealed that this plan is possibly 6 months from completion. The computer model being developed for this plan has been predicting lower traffic projections than expected. DKS is attempting to rectify this problem with Metro. In the meantime, they will develop the model with the current information, then make adjustments as needed later. The update to the Pavement Management System will be conducted this fiscal year. Other elements that make up the Plan will be incorporated according to the schedule and task list attached. 4.% f J Most of the work to develop the plans can be performed with in-house staff. However, there are certain ements, such as flow monitoring, etc., that require outside assistance and funding. In addition, other competing priorities throughout the time frames projected may interfere with progress towards completion of this Council Goal. Council will be kept abreast of the progress towards completion of the Public Facility Plans as time goes on, and of any funding requirements that may be determined as the Plans are developed. OTHER ALTERNATIVES CONSIDERED None FISCAL NOTES Funding is available in the 1997-98 Capital Improvement Program Budget for the DKS contract and other traffic studies as needed. Much of the work will be performed by inhouse staff, which are budgeted in the is Annual City of Tigard Operating Budget. Any funds needed to complete the various elements of the comprehensive plans will be identified as the plans are developed. a i 1 1irywide\swn4pfpupd.swn r i _ i i I • V i - I J s ~ r Projected Schedule 1 November 13, 1997 Council Goal: Develop a comprehensive Public Facility Plan that includes construction, j i management, f coding, and maintenance fin' streets, sewers, s•ideivalks and streetlights. Comprehensive Public Facility Plan for Streels • 2 weeks - Compile information and assemble existing plans (November 1997) j • 1 month - Evaluate available information and existing plans. (December 1997) c it a • Review progress submittals and provide input into the City of Tigard Transportation j System Plan (TSP) update study currently being performed by DKS. This TSP will provide critical information on points of traffic congestion. need for alternate routes, and will provide a list of projects for future implementation. The updated TSP is expected to be submitted by April 1998. (April 1998) • 1 month - Identify additional studies and plans that are necessary to a) serve the existing City and b) serve those areas within the urban growth boundary that are likely to be annexed to the City. (April 1998) l • 1 month - Develop tasks that would result in preparation of the comprehensive plans (May 1998) • 10 months - Develop comprehensive facility plan incorporating such elements as the ! TSP, preventative and corrective maintenance programs, and a comprehensive Traffic 1 Calming Management program. This includes updating of the Pavement Management j Program and incorporation of the results in the comprehensive facility plan. Schedule I presentations to and discussions with the Planning Commission during the formulation process. Citizen participation and input will also be solicited during this phase. (May 98 thru March 1999) • 1 month - Identify funding options based on the developed plan. The funding element will need to be coordinated with the funding strategy and action plans developed during the visioning program. That process recommended formation of a task force to i examine funding alternatives and to make recommendations for implementation of needed future improvements. The funding elements for the comprehensive street plan ` i should be based on the findings and recommendations of the task force. (April 1999) j • 2 months - Establish a long-term program for implementation. Elements can be 3 incorporated in the yearly CIP budget effective July 1, 1999. ( . 1 • Submit findings, proposed funding mechanisms, and long-term implementation plan to Planning Commission (May 1999) ; • Submit findings, proposed funding mechanisms, and long-term implementation plan to City Council for approval (June 1999) i • Progress Reports to City Council (January 1997 and quarterly thereafter) Projected Schedule for Accomplishing Council Goal E Page 1 of 4 1 1 l~ 1 Comprehensive Public Facility Plan for Sanitary Sewer j i • 2 weeks - Compile information and assemble existing plans (November 1997) • 1 month - Evaluate available information and existing plans, to include ongoing 1 studies. (December 1997) • 1 month - Identify additional studies and plans that are necessary to a) serve the existing City and b) serve those areas within the urban growth boundary that are likely to be annexed to the City. (January 1998) s • 2 months - Evaluate the existing system to determine general conditions of lines and state of maintenance. (January and February 1998) • 3 months - Perform system evaluation to determine capacity of existing lines (March thru May 1998) 1 • 5 months - Identify unserved areas and line extensions required to provide service (June thru October 1998) • 1 month - Review, validate, and incorporate pertinent elements from the USA Master Plan for increasing capacity of main transmission lines. Coordinate with USA during this portion of the process. (May 1998) i • 2 months - Evaluate the capacity of the remaining smaller lines. Review past flow monitoring results. (May and June 1998) • 12 months - Initiate flow monitoring program to provide current data through the j various seasons in the year, and to provide a basis for future projections. Outside assistance via consultants or USA will be necessary for this work. (January thru _ December 1998) • 6 months - Prepare a comprehensive facility plan for sanitary sewer. Schedule discussions with Planning Commission, and include citizen participation and input during the formulation process. (July through December 1998) • 3 months - Identify funding options based on the developed plan and establish a long- term program for implementation. (January thru March 1999) 1 • Submit completed Public Facility Plan to Planning Commission for review and { recommendation (April 1999) • Submit completed Public Facility Plan to City Council for approval (May 1999) j • Progress Reports to City Council (January 1997 and quarterly thereafter) Comprehensive Public Facility Plan for Storrs: Drainage i • 2 weeks - Compile information and assemble existing plans (November 1997) • 1 month - Evaluate available information and existing plans, to include ongoing studies and the USA Fanno Creek Watershed Management Plan. (December 1997) • I month - Identify additional studies and plans that are necessary to a) serve the existing City and b) serve those areas within the urban growth boundary that are likely to be annexed to the City. (January 1998) t • 2 months - Evaluate the existing system to determine general conditions and state of j maintenance. (January and February 1998) j Projected Schedule for Accomplishing Council Goal Page 2 of 4 1 ~J { V~ t 3 months - Perform system evaluation to determine capacity of existing storm i drainage facilities (March thru May 1998) 5 months - Identify problem areas and compile a list of potential projects for future i design and construction. (June thru October 1998) • 6 months - Prepare a comprehensive facility plan for storm drainage facilities. Coordinate with USA and other agencies as needed, schedule discussions with Planning Commission, and include citizen participation and input during the i formulation process. (July through December 1998) • 2 months - Identify funding options based on the developed plan and establish a long- term program for implementation. (January 1998 thru February 1999) • Submit completed Public Facility Plan to Planning Commission for review and i i recommendation (March 1999) • Submit completed Public Facility Plan to City Council for approval (Apri) 1999) E i • Progress Reports to City Council (January 1997 and quarterly thereafter) Comprehensive Public Facility Plan for Sidewalks 1 • 1 month - Compile information and assemble existing plans (December 1997) • 1 month - Evaluate available information and existing plans, to include planned pedestrian paths in the CIP Budget, as well as existing on-street and off-street bike/pedestrian paths (January 1997) I • 1 month - Identify additional studies and plans that are necessary to a) serve the - existing City and b) serve those areas within the urban growth boundary that are likely to be annexed to the City. (January 1998) • 3 months - Identify areas where sidewalk connections are desired, such as residential areas to schools, etc. (February thru April 1998) • 5 months - Prepare a comprehensive facility plan for sidewalk connections Citywide. Include a separate section on the Urban Growth Boundary area for future connectivity I should annexation occur. Schedule discussions with the Planning Commission and include citizen participation and input during this phase. (May thru September 1998) • 2 months - Identify funding options based on the developed plan and establish a long- term program for implementation. (October thru November 1998) • Submit completed Public Facility Plan to Planning Commission for review and i recommendation (December 1998) • Submit completed Public Facility Plan to City Council for approval (January 1999) • Progress Reports to City Council (January 1998 and quarterly thereafter) i Comprehensive Public Facility Plan for Street Lights - - - • 1 month - Compile information and assemble existing plans (December 1997) 0 1 month - Evaluate available information and existing plans. (January 1997) i • 2 months - Identify collector roads and major intersections which require new street { lights to enhance traffic safety (February thru March 1998) Projected Schedule for Accomplishing Council Goal Page 3 of d /O 1 Ao- I I r I j • 2 months - Identify residential streets and local street intersections that require new street lights for increased pedestrian visibility and to deter crime (April thru May E 1998) • 3 months - Prepare a comprehensive facility plan for new street light installations Citywide. Include a separate section on the Urban Growth Boundary area for future implementation should annexation occur. (May through thru July 1998) i • 2 months - Identify funding options based on the developed plan and establish a long- 1 term program for implementation. (August thru September 1998) • Submit completed Public Facility Plan to Planning Commission for review and recommendation (October 1998) • Submit completed Public Facility Plan to City Council for approval (November 1998) • Progress Reports to City Council (January 1998 and quarterly thereafter) 1:\citywide\sum\ecogo97.sum 1 a Projected Schedule for Accomplishing Council Goal ii Page 4 of 4 i t. l~