City Council Packet - 10/13/1998
CY OF TIC~A~
OREGON
TIGARD CITY COUNCIL
MEETING
OCTOBER 13, 1993
COUNCIL MEETING WILL E
TELEVISED
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13125 SW Hall Blvd., 11gard, OR 97223 (503) 639-4171 TDD (503) 684-2772
CITY OF TIGARD
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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 Manager.
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
a.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 - Telecommunications Devices for the
Deaf).
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 - OCTOBER 13, 1998 - PAGE 1
TIGARD CITY COUNCIL MEETING
A G E N D A- OCTOBER 13, 1998
6:30 PM
• STUDY SESSION
> 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. This
Executive Session is being held under the provisions of ORS
192.660 (1) (d), (e), & (h). As you are aware, all
discussions within this session are confidential; therefore
those present may disclose nothing from this meeting.
Representatives of the news media are allowed to attend
this session, but must not disclose any information
discussed during this session.
> DISCUSSION: PUBLIC INFORMATION ON WATER
• Public Works Department
> PERSONNEL RULES - MANAGEMENT PROFESSIONAL
• Human Resources Department
7:30 PM
1. BUSINESS MEETING
1.1 Call to Order - City Council & Local Contract Review Board
1.2 Roll Call
1.3 Pledge of Allegiance
1.4 Council Communications
1.5 Call to Council and Staff for Non-Agenda Items
7:35 PM
2. VISITOR'S AGENDA (Two Minutes or Less, Please)
7:45 PM
3. CONSENT AGENDA: These items are considered to be routine
and may be enacted in one motion without separate discussion.
Anyone may request that an item be removed by motion for
discussion and separate action. Motion to:
3.1 Approve Council Minutes of: September 15, 1998
3.2 Receive and File:
a. Tentative Agenda
b. Council Calendar
COUNCIL AGENDA - OCTOBER 13, 1998 - PAGE 2
3.3 Establish an Address Fee in the Urban Service Area -
Resolution No. 98-
3.4 Establish a Neighborhood Sewer Reimbursement District
Incentive Program - Resolution No. 98-51
• 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 discussion,
7:50 PM
4. UPDATE: TRAIN DAYS
• Administration Department
8:05 PM
5. UPDATE: VOLUNTEER PROGRAMS
• Administration Department
8:30 PM
6. PARK PROPERTIES
A. ACTIVITY STATUS REPORT
B. CONSIDER AGREEMENT WITH USA FOR PURCHASE OF 6.8
ACRES - ADJACENT TO COOK PARK
• Community Development Department
9:15 PM
7. MENLOR RESERVOIR FINAL REPORT
• Public Works Department
9:30 PM
8. UPDATE: LONG-RANGE WATER SUPPLY
• Public Works Department
9:45 PM
9. PRELIMINARY EVALUATION REPORT FOR PROPOSED 69TH
AVENUE LOCAL IMPROVEMENT DISTRICT (LID)
• Engineering Department
10:05 PM
10. COUNCIL LIAISON REPORTS
10:15 PM
11. NON-AGENDA ITEMS
COUNCIL AGENDA - OCTOBER 13, 1998 - PAGE 3
r
10:25 PM
12. . EXECUTIVE SESSION: The Tigard City Council will go into
Executive Session under the provisions of ORS 192.650 (1) (d),
(e), & (h) to discuss labor relations, real property transactions,
current and pending litigation issues. This Executive Session is
being held under the provisions of ORS 192.660 (1) (d), (e), &
(h). As you are aware, all discussions within this session are
confidential; therefore those present may disclose nothing from
this meeting. Representatives of the news media are allowed to
attend this session, but must not disclose any information
discussed during this session.
11:00 PM
13. ADJOURNMENT
\\TIG333\USR\DEPTS\ADM\CATHY\CCA\981013. DOC
COUNCIL AGENDA - OCTOBER 13, 1998 - PAGE 4
COMMUNITY NEWSPAPERS, INC. Legal
P.O. BOX 370 PHONE (503) 684.0360 Notice TT 9242
BEAVERTON, OREGON 97075
Legal Notice Advertising
City of Tigard • ❑ Tearsheet Notice
13125 SW Hall Blvd.
9rigard,Oregon 97223 • ❑ Duplicate Affidavit
Accounts Payable •
AFFIDAVIT OF PUBLICATION
STATE OF OREGON,
COUNTY OF WASHINGTON, )ss'
1, Kaj-hy Snyder
being first duly sworn, depose and say that I am the Advertising
Director, or his principal clerk, of thArigard-TLa1 ati n Times
a newspaper of general circulation as defined in ORS 193.010
and 193.020; published at Tigard in the
aforesaid county and state; that the
Ci±:y 00iinr•i 1 MPPting
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for ONE successive and
consecutive in the following issues:
October 8,1998
Subscribed and sworn to fore a this8th day of October,1998
67, OFFICIAL SEAL
ry Public for Oregon ROBIN A. BURGESS
NOTARY PUBLIC-OREGON
My Commission Expires: *COMMISSION NO. 062071
MY COMMISSION EXPIRES MAY 16, 2001
AFFIDAVIT
The following meeting highlights are published for your lhforthwtii . gull
agendas may be obtained from the City Recorder, 13125 SW,Hall
Boulevard, Tigard, Oregon 97223, or by calling 639-4171.
TIGARD CITY COUNCIL
AND LOCAL CONTRACT REVIEW BOAhD MEETING
October 13, 1998 - 6:30 P.M.
TIGARD CITY HALL - TOWN HALL
13125 SW HALL BOULEVARD, TIGARD, OREGON
* Staff Updates to Council
- Train Days
- Volunteer Programs r
- Long-Term Water Source
- Menlor Reservoir - Final Report
- Greenspaces/Cook Park Land Purchase
Preliminary Evaluation Report - 69th Avenue Local Improvement Dis-
trict
- Facilities Planning
TI19242 - Publish October 8, 1998.
I~63~NRAf1ElU,~1Q.~.-~~AC~iENQ~f1
(Lin ted to 2 ninutes or leas, 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 tD resolve your concerns through staff. Please contad the City Manager prior to
the start of the meeting. Thank you.
STAFF CONTACTED
NAME, ADDRESS & PHONE TOPIC
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AGENDA ITEM # 5[U(41 5~ Jn
FOR AGENDA OF October 13. 1998
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Water Quality - Public Education Program
PREPARED BY: Ed Wegner DEPT HEAD OK 1 CITY MGR OK
ISSUE BEFORE THE COUNCIL
Rockey Bowler will present an Action Plan for a Water Quality Public Education Program.
STAFF RECOMMENDATION
Review the Action Plan and give input. It is the recommendation of staff to allow Rockey Bowler and their
staff to work this plan though December 31, 1998.
INFORMATION SUMMARY
As the City prepares for the evaluation of the long-term water supply options, water quality is of great concern
to the citizens. This Action Plan will outline how we educate the citizens to the fact that Willamette River
water taken from an intake near Wilsonville is treatable and can be a safe drinking water source.
OTHER ALTERNATIVES CONSIDERED
1. Allow public perception about water quality to develop without factual information.
2. Eliminate the Willamette River options as a water source.
3. Revise our education information program.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
This relates to the vision goal of continuing to pursue a long-range water supply source for the Tigard Water
Service Area.
FISCAL NOTES
The WWSA, of which Tigard is a member, is under contract with Rockey Bowler. This Action Plan is a part of
the existing contract with Rockey Bowler. The cost of the contract is cost shared by members of the WWSA.
TIGARD'S DRINKING WATER PROGRAM
PUBLIC INFORMATION AND EDUCATION PROGRAM
TIMELINE
October 12-December 15, 1998
Rockey Bowler Public Relations
with the City of Tigard
The primary objectives during this period are to communicate the following information or
messages to residents and customers in the Tigard service area:
1. Recognizing the continuing responsibility of delivering high quality tap water, inform
residents about the two water supply source options under consideration by the Tigard City
Council to meet that standard.
2. Promote the commitment of the Tigard City Council to a decision based on specific
evaluation criteria, with opportunities for public input, completed by April 1999.
3. Continue to build more thorough public understanding about the need for a new long-term
water supply source, the scientific information that is known about water treatment and
water quality, the criteria the city will use to evaluate the two source options, and the
process the Council will follow prior to making a decision.
4. Maintain the viability of future supply options through ongoing cooperation with the
Willamette Water Supply Agency, the City of Portland, the Regional Consortium and other
elected and community leaders.
The following actions will be elements of the information and education program to achieve
those goals.
Oct 3 Tour of Bull Run Opportunity for elected officials to get first-hand information on
reservoir, treatment and the Portland system and its capabilities
transmissions stem
October 5 Cityscape article To inform Tigard's residents about Erik Sten's recent
(submission presentation to the City Council about the planning underway for
deadline consideration of a Portland supply option
October 13 Place information in city Provide ongoing information to Tigard-area citizens about the
hall lobby (boards and quality of water that can be delivered by both options.
handouts) showing
water quality data and
water treatment
processes for the two
options.
Oct 31 Tour of Joint Water Opportunity for Tigard leaders to view how a water filtration and
Commission treatment treatment system operates
plant
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October: TBD Public Open House To provide an opportunity for members of the public to talk faco-
to-face with Tigard staff, Water Bureau staff, and Tigard
scientific and engineering consultants. To inform and get
feedback about the proposed evaluation criteria. The format will
be the same as the successful event held in July.
October TBD Direct mail contact to To reach groups and individuals known to be interested in city
organizations and issues, or in water issues in particular. To inform them about
individuals in the city. the evaluation criteria, opportunities for public input, and the
decision-making process. Encourage them to participate and/or
to serve as information resources for other citizens.
Ongoing through Work with Tigard To increase the public's knowledge of the water supply issues
October and Times, Oregonian, and and the decision-making process we will provide timely
November local TV and radio to information to the news media.
place stories about water
quality and upcoming
reports
November 9 Cityscape article To present information to Tigard residents comparing treated
(submission water quality for Bull Run vs. Willamette River options (see
deadline attached lass graphic)
Nov TBD Tour of Corvallis water Opportunity for Tigard leaders to view how a water filtration and
treatment plant treatments stem already operates on the Willamette
Nov 10 (tentative Council Meeting (TV) Provide information and an outside perspective on SDWA
- may be deferred Council briefing by standards and issues related to water quality at the tap
to January) independent drinking
water quality expert
Dec 8 Council briefing (TV) Preview of the decision-making process, opportunities for public
input, and upcoming reports
December 9 Cityscape article To remind the Tigard residents of the opportunities for public
(submission input during the Council's decision-making process, and to
deadline) explain how to obtain copies of the December reports on the two
supply options.
Ongoing Schedule presentations Preview of the decision-making process, opportunities for public
to local organizations input, and upcoming reports. Also present information on
(civic, business, finished water quality comparisons of the two options.
neighborhood,
environmental
Ongoing Respond to citizens' Actively facilitate public education by being responsive to
questions, requests for citizens' interests.
presentations, or
additional information
PUBLIC INFORMATION AND EDUCATION PROGRAM
ASSURING A QUALITY AND COST-EFFECTIVE WATER SUPPLY SOURCE
CITY OF TIGARD
October 1998
Situation:
To meet the need for a new long-term water supply source, scientific and engineering studies
detailing two primary source options are expected to be presented to the Tigard City Council
by mid -December. Specific evaluation criteria has been established and widely communicated
to area citizens, to measure which of the two likely options will be chosen.
Proposals on a new distribution system from the Columbia Southshore Well Field/Bull Run
and a state-of-the-art water treatment plant on the Willamette River will be publicly reviewed
from January through March. A decision by the Tigard City Council is expected in April.
A decision needs to made in a timely basis, as Tigard has an interruptible, surplus water
supply contract with the City of Portland that expires in 2007. Either future supply source will
require a range of engineering, construction and finance actions to have a supply system in
place prior to the expiration of the existing contract.
To support the commitment of the Tigard City Council, the following plan outlines a public
information and education program aimed at leveraging the public process the City of Tigard
already has established and will continue for the next six months.
Objectives
1. Recognizing the continuing responsibility of delivering high quality tap water, inform
residents about the two water supply source options under consideration by the Tigard City
Council to meet that standard.
2. Promote the commitment of the Tigard City Council to a decision based on specific
evaluation criteria, with opportunities for public input, completed by April 1999.
3. Continue to build more thorough public understanding about the need for a new long-term
water supply source, the scientific information that is known about water treatment and
water quality, the criteria the city will use to evaluate the two source options, and the
process the Council will follow prior to making a decision.
4. Maintain the viability of future supply options through ongoing cooperation with the
Willamette Water Supply Agency, the City of Portland, the Regional Consortium and other
elected and community leaders.
Strategies
1. Communicate Tigard's actions as part of a responsible, comprehensive program.
Efforts, that have been underway for some time, have matured to a point where
communications should focus on the sum of the actions and less on individual pieces.
PUBLIC INFORMATION AND EDUCATION PROGRAM
PAGE 2
As such, we recommend the adoption of the following program description to summarize this
point:
T ["gam's Drinking Water Program
Action for strategy #1:
• Package the sum of all of the current efforts into one comprehensive approach, beginning
with an overview document. It could include the following information:
77gard's Drinking Water Program
Ensuring high-quality water at reasonable rates to meet our community's future.
• Situation and goal statement.
• Planning actions:
s Supply options:
e Decision process:
This approach should also be used as part of Cityscape articles, information to customers of
the Tigard water service area, members of the King City and Durham City Councils, news to
the media and on-going information provided to the public and other organizations.
2. Continue aggressive efforts to inform and engage community leaders in the decision-
making process.
Decisions about Tigard's long-term water supply will affect the community for decades. The
active understanding of the issues, support for the decision-making process, and the options
being considered are vitally important.
While Tigard's needs are unique to every other community in the region, except Wilsonville,
it is important for local community leaders to understand these issues from a broader
perspective but under local decision-making authority.
Actions for strategy #2:
• Identify all current elected officials and individuals in Tigard, King City, Durham and
Washington County who have served in these positions within the past six years.
• Identify all current appointed officials and individuals in Tigard, King City, Durham and
Washington County who have served in these positions within the past six years.
Organizations like school districts, chambers of commerce, Rotary, Kiwanis and other
civic organizations; watershed councils, economic development and the like.
PUBLIC INFORMATION AND EDUCATION PROGRAM
PAGE 3
• Send information about Tigard's Drinking Water Program to each leader and encourage
them to participate in the decision-making process. Examples of suggested actions include:
booldng a speaker for their organization, requesting a leadership briefing, attending a
public forum, tour or briefing or testifying before the Tigard City Council.
3. Conduct tours of water supply sources and receive briefings from experts as part of
the community's information gathering process.
To support greater understanding by both city officials, community leaders and area citizens,
more aggressive efforts will be made to bring other water supply experiences to Tigard.
This program of tours or briefings will provide an important, but additional perspective to the
engineering studies that are due in mid-December.
Action for strategy #3:
Suggested tour locations include:
Bull Run and distribution system
Proposed site of Willamette River treatment facility
Tour of City of Corvallis' Willamette River treatment facility
Joint Water Commission facility (scheduled for 10/31)
Tour of out-of-state water treatment facilities or briefings from facility experts.
Briefings from editors or senior correspondents from influential water quality
publications, like Clean Water Report, Journal of the American Water Works
Association, U. S. Water News, Ultrapure Water, Water Engineering &
Management, Water Environment and Technology, Water Technology or
Waterworld.
4. Increase the level of information to area citizens through a more aggressive publicity
and advertising effort.
Actions for strategy #4:
• As citizens look locally for information about their community, we will seek more
comprehensive news coverage through community-focused media, like the Tigard Times,
the West Metro edition of The Oregonian, KATU-News Channel 2's neighborhood news
focus, Tigard's Cityscape and other similar sources.
PUBLIC INFORMATION AND EDUCATION PROGRAM
PAGE 4
We expect that all of the actions occurring over the next six months should warrant ongoing
news coverage.
e Efforts will be made to generate news coverage around tours, briefings, public forums, the
decision-making criteria and other events, plus responses to the actions or comments from
others.
• To guarantee the flow of information to citizens we also should selectively advertise in
local print media. Ads will be built off of the program overview statement, 77gard's
Drinking Water Program.
5. Continue Tigard's citizen and community outreach program.
Significant progress has been made to inform local citizens about the water issues facing
Tigard and aggressive outreach efforts need to continue.
These continuing efforts, augmented by a more aggressive approach to interest and involve
leaders, will aid the decision-making process.
Actions for strategy ##5.
• Recognizing that significant actions already have been made, renewed efforts will focus on
periodic mailings of 77gard's Drinking Water Program materials to citizens and groups.
• Graphically reinforce the location of the proposed Willamette River intake facility far from
the City of Portland's combined sewer overflow, located significantly downstream.
ALITY, ANYOURTAP
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RIVER
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Protect welted ;racer as it is dclh!er
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South shore wellfiew and Ba Run
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Davis & I-Iibbitts; Inc. -
Market and Public Opinion Research
921 S.W. Morrison, Suite 424, Portland, OR 97205
Phone (503) 220-0575, FAX 220-0576
e-mail: davishib®fta.com
September 8, 1998
TO: Brian Bell, Rockey Bowler
FROM: Davis & Hi'bbitts, Inc.
RE: Tigard Water District Survey Results
L Introduction,
Davis & Hibbitts, Inc. (DHD is pleased to present the results of a telephone survey conducted
'during August to assist the City of Tigard in planning for its future water supply. The sample size
for the survey was 305, and the respondents were randomly drawn from among registered voters
in the Tigard Water District:
Description of Sample. As will be noted in the accompanying tables, a substantial quantity of
demographic data was collected during the survey. This enabled various comparisons to be made
in each major question area. Major characteristics of the sample were as follows:
(a) The sample was 50% female and 50% male.
(b) Age was grouped into three categories. Eleven percent (11%) fell in the 18-34 range, 43%
were ages 35-59, and 46% were age 60 and over.
(c) Forty-four percent (44%) lived in the Tigard Water District area for 10 years or less, 23% for
11 to 20 years, and 34% for more than 20 years.
(d) Income was grouped into four categories. Twenty-three percent (23%) reported incomes
under $30,000, 16% fell in the.$30-45,000 range, 33% fell in the $45-75,000 range, and 29%
earned $75,000 or more.
(e) Eighty-four percent (84%) of the sample were homeowners, and 16% were renters.
(f) Twenty-eight percent (28%) of the respondents had children under age 18 living at home,
while 72% were without children.
Questionnaire. A copy of the questionnaire is attached as an Appendix. In gathering the
responses, DHI employed quality control measures which included questionnaire pretesting,
callbacks, and verification. The substantive areas of questioning included water supply problem
and knowledge level, water supply options, and advice to the city council. Each is discussed in a
1
separate section below. This report will highlight noteworthy outcomes. Numerical results were
analyzed by frequency of response for categorical-format data and by comparing means for
scaled-format data. Beyond this, only subgroup variations which appeared useful for planning and
policy-making purposes are discussed.
Statement of Limitations. Any sampling of opinions or attitudes is subject to a margin of error,
which represents the difference between a sample of a given population and the total population
(here, Tigard Water District area). For a sample size of 305, if the respondents answered a
particular question in the proportion of 90% one way and 10% the other, the margin of error
would be 3.37%. If they answered 50% each way, the margin would be 5.61%. The
reason for the difference lies in the fact that when response categories are relatively even in size,
each is numerically smaller and thus slightly less able - on a statistical basis - to approximate the
larger population.
These plus-minus error margins represent differences between the sample and total population at a
confidence interval, or probability, calculated to be 95%. This means that there is a 95%
probability that the sample taken for this study would fall within the stated margins of error if
compared with the results-achieved from surveying the entire target population.
IL Water Supply Problem and Knowledge Level
Respondents were asked if they believed that Tigard currently has, or will have in the near future,
a water supply problem Forty-six percent (46%) said yes, 14% said no, and 40% were unsure or
did not respond (Table 1). Respondents age 35 to 59 (45%) and 60+ (51%) said yes more than
respondents age 18 to 34 (27%). Homeowners, as compared to renters, were also more likely to
believe that Tigard had a water supply problem (49% to 34%).
The 140 respondents who believed Tigard had a water supply problem were asked to rate its
seriousness, and 19% chose very serious, 66% somewhat serious, 8% chose not very serious, 2%
said not at all serious, and 5% were unsure or did not respond (Table 2). When these results were
collapsed into the categories of "serious" or `Snot serious," the outcome was an 85% to 10%
leaning towards the former. On a scale where loot at all serious to 4 =very serious, the mean of
3.07 reflects a somewhat serious orientation. There were no subgroup interactions.
All respondents were informed that Tigard does need a new water supply for the future and were
asked if they had heard or read about plans for Tigard's future water supply. Fifty-five percent
(55%) said yes, 44% chose no, and 2% were unsure or did not respond (Table 3). The older the
respondent, the more likely they knew of Tigard's water supply problem (39%, 49%, and 64% for
each ascending age group).
III Water Supply Options - General
Respondents were read a list of eight items that have been suggested as considerations in
assessing options for Tigard's future water supply and were asked if the list is a good or poor one.
2
The list included:
• Environmental impact: Impacts on the general environment of using the water source.
• Diversification: Not relying on only one water supply source.
• Untreated water quality: Quality of the water before treatment.
• Tap water quality: Quality of the water after treatment.
• Ownership: Opportunities for Tigard to own or share in ownership of the water source.
• Construction costs: Costs to build new water facilities and pipes.
• Ongoing costs: Costs of the water to the customer, including operations and maintenance.
• Certainty: Likelihood that the water source will meet projected demands.
Thirty-eight percent (38 said it was a very good list, 47 % chose good, 6 % said poor, 2 %
said very poor, and 7% were unsure or did not respond. These results amounted to an 85% to
10% split in favor of the positive ratings. The mean of 3.30 (1 =very poor to 4=very good)
reflects a position between good and very good (Table 4). (Percentages exceed 100% due to
rounding.)
Respondents in the under-60 age groups rated the list more positively (3.48 and 3.41
respectively) than older respondents (3.14). Respondents with children also rated the list more
positively than those without (3.43 to 3.24).
The 259 respondents who gave a positive rating were asked why. Seventy-six percent (76%)
said the list covers a broad range of issues or that the list is comprehensive, and 9 % said that
another source of water is a good idea (Table 5).
The 25 respondents who gave a negative rating were also asked why. Five (5) respondents
said it sounds too expensive, while 4 respondents said the city should consider limiting water
usage (Table 6). The other responses were scattered over a wide variety of topics.
IV. Water Supply Options - Specifics
Respondents were then re-read the above list of items to be considered in assessing water
supply options and were asked to rate each on a 0=not at all important, 5=mid-point,
10=very important scale. The table below summarizes these results. See Tables 7A to Table
7H for an item-by-item breakdown of the frequencies and Table 7 for the means.
Item Mean % Very Important
Tap Water Quality 9.21 65%
Certainty 8.07 33
Diversification 7.52 26
Ongoing Costs 7.48 25
Construction Costs 7.27 26
Environmental Impact 7.23 27
Untreated Water Quality 7.20 27
Ownership 5.81 11
3
Tap water quality stood by itself above all others, and certainty (in meeting future demands) stood
alone in second place. Diversification, ongoing costs, construction costs, environmental impact,
and untreated water quality filled a third tier, and ownership was alone in last place.
There were several significant interactions. By gender, females rated 6 of 8 items as more
important than did males (all except certainty and ongoing costs). By age, environmental impact
was rated as more important by ages 18 to 34 than older respondents, but construction costs were
rated as less important by this age group than by older respondents. Also by age, respondents age
60 and over rated the untreated water quality and ownership as more important than did
respondents age 35 to 59. By income, respondents earning under $45,000 rated the untreated
water quality as more important that respondents earning $75,000 and over. Respondents with
no children living in their household rated untreated water quality as more important.
Respondents who had heard or read about plans for Tigar&s future water supply rated
environmental impact as more important.
Along these same limes, respondents were asked what should be the one most important factor in
their decision about a future water supply. Fifty-two percent (52%) said water quality or safety,
15% said meeting demands, and 11% mentioned water prices or cost of new source (Table 8).
Respondents were then asked for their second most important factor, and 36% mentioned water
prices or cost of new source, 23% said water quality or safety, and 9% mentioned environmental
impact (Table 9).
When respondents mentioned water prices or cost of new source, they were referring primarily to
their water bill, but there was quite a lot of sophistication because most saw that construction and
maintenance costs would be passed on in the water bill. Taken as a whole, we can say that both
water quality/safety and cost were about equally important.
Respondents were asked unaided what options does Tigard have for solving the water supply
problem, and 16% mentioned the Willamette River as a source, 14% mentioned Bull Run as a
source, but 67% did not offer a comment (Table 10).
Finally, respondents were asked for one piece of advice they would like to give the Tigard City
Council regarding making a decision about a future water supply. Sixteen percent (16%) said to
do sufficient research before deciding, 10% mentioned that the project must be kept to minimal
costs or at least be cost effective, and 10% also said to listen to the community and voters (Table
11).
V. Summary
A random sample of 305 registered voters in the Tigard Water District were asked a series of
service and supply-related questions regarding their water. On the whole, awareness of a
potential future water supply problem in Tigard was not high. A little less than half the sample
4
indicated awareness, while a little more than half had heard something about future plans to
increase their local water supply. However, by better than an 8 to 1 margin, those indicating
awareness believed it was a serious need.
This highlights two factors of significance: there is a relatively large unaware segment of the
voting population that is potentially subject to influence on this subject. Secondly, local water
supply is an important issue to those who know about it.
In general, respondents viewed the list of 8 water supply considerations they were given during
their questioning to be full and complete. These included factors such as quality, costs, and
environmental protection. It was not surprising that they regarded finished water quality as the
most important factor, closely followed by certainty in meeting future needs. A DIE study done
for another local government in the metro area produced similar results earlier this year, even
though that jurisdiction is in the midst of a major conservation program while Tigard is not.
Thus, people want the water they get at home to be of high quality, and they want there to be
enough water to comfortably meet local needs. The fact that construction and operating costs, as
well as environmental issues, fell below these two items may suggest a certain balance in the
public's perspective. The question of cost, as long as it appears reasonable, may not be as
important in this area as other considerations are. Too much should not be made of this
suggestion without further study, since respondents were not given any cost information with
their questions, nor was it explained to them how the costs would be met.
It was also notable that the question of where additional water for Tigard should come from did
not generate a set of powerful responses. Indeed, about 2/3 of respondents offered no comment.
Apparently because of concerns over quality, the possible use of the Willamette River for drinking
water has become a fairly emotional issue in a couple of other jurisdictions that DHI has worked
with on this issue over the past several years. Depending on where the district proposes to get its
water, sensitivity to this subject in Tigard could develop in the same manner.
5
Davis & Hibbitts, Inc. - Tigard Water Survey
N=305; August 1998
Ql. Do you believe that Tigard currently has a water supply problem or will have one in the near future?
If you don't know or aren't sure, just say so.
46% Yes
14% No
40% Don't know
Q2. (IF NO Ql) How serious do you consider Tigard's water supply problem to be: very serious,
somewhat serious, not very serious, or not at all serious?
(140 respondents)
19% Very serious
66% Somewhat serious
8% Not very serious
2% Not at all serious
5% Don't know
Q3. Tigard does need a new water supply for the future. Have you heard or read about plans for Tigard's
future water supply?
55% Yes
44% No
2% Don't know
Q4. I'd like to read you a list of items people have suggested be considered in assessing options for
Tigard's future water supply. I'd like to read you the list twice and after I read you the list the second
time, please tell me if you think it is a very good, good, poor, or very poor list of items. (Rotate)
1. Environmental impact:impacts on the general environment of using the water source
2. Diversification: not relying on only one water supply source
3. Untreated water quality. quality of the water before treatment
4. Tap water quality, quality of the water after treatment
5. Ownership: opportunities for Tigard to own or share in ownership of the water source
6. Construction costs: costs to build new water facilities and pipes
7. Ongoing costs: costs of the water to the customer, including operations and maintenance
8. Certainty. likelihood that the water source will meet projected demands
Again, how good a list of considerations do you feel this is for Tigard to use in assessing options for
Tigard's future water supply...
38% Very good
47% Good
6% Poor
2% Very poor
7% Don't know
Q5. (IF GOOD Q4) Why? (OPEN. PROBE FOR SPECIFICS.)
(259 respondents)
76% List covers broad range of issues
9% Another source of water is a good idea
5% List covers issues that I am concerned about
5% List addresses environmental issues
5% Don't know
Note: Additional responses found in computer tables.
Q6. (IF BAD Q4) Why? (OPEN. PROBE FOR SPECIFICS.)
(25 respondents)
20% Sounds too expensive
16% City should consider limiting the population's water usage
8% Water quality/safety should be priority
Note: Additional responses found in computer tables.
Q7. I'd now like to read to you the list again. Using a 0-to-10 scale with 5 being the mid-point, 0 being not
at all important, and 10 being very important, how important do you think each item should be in Tigard's
decision about a future water supply?
Averages
7.23 Environmental impact: impacts on the general environment of using the water source
7.52 Diversification: not relying on only on water supply source
7.20 Untreated water quality. quality of the water before treatment
9.21 Tap water quality. quality of the water after treatment
5.81 Ownership: opportunities for Tigard to own or share in ownership of the water source
7.27 Construction costs: costs to build new water facilities and pipes
7.48 Ongoing costs: costs of the water to the customer, including operations and maintenance
8.07 Certainty: likelihood that Me water source will meet projected demands
Q8. What should be the one most important factor in their decision? (OPEN)
52% Water quality/safety
15% If new source will meet demand
11% Water price/cost of new source
6% Environmental impact
Note: Additional responses found in computer tables.
Q9. What should be the second most important factor in their decision? (OPEN)
36% Water price/cost of new source
23% Water quality/safety
9% Environmental impacts
8% If new source will meet demand
Note: Additional responses found in computer tables.
Q10. What options does Tigard have for solving the water supply problem? Again, if you don't know or
aren't sure, just say so. (OPEN. PROBE FOR SPECIFICS.)
16% Willamette River as a source
14% Bull Run as a source
5% Drill wells
5% Buy the water from Portland
67% Don't know
Note: Additional responses found in computer tables.
Q11. What one piece of advice would you like to give the Tigard City Coucil regarding making a decision
about a future water supply for the area? (OPEN. PROBE FOR SPECIFICS.)
16% Do sufficient research before deciding
10% Project must be kept to minimal cost
10% Listen to community
9% Consider all of the options
7% Provide good quality water
20% Don't know
Note: Additional responses found in computer tables.
And now, a few questions for statistical purposes only.
Q13. How long have you lived in Tigard?
43% 0-10 years
23% 11-20 years
33% 21+ years
1% Don'tknow
Q14. Please stop me when 1 reach the category that includes your approximate annual household income
before taxes...
8% Less than $20,000
11% $20,000 to $30,000
13% $30,001 to $45,000
27% $45,001 to $75,000
12% $75,001 to $100,000
12% More than $100,000
19% (DO NOT READ) Don't know/Refused
Q15. Do you own or rent your home?
84% Own
16% Rent
Q16. Are there any children in your household under the age of 18?
28% Yes
72% No
Q17. Gender - DO NOT ASK
50% Female
50% Male
Q18. Party registration
39% Democrat
45% Republican
17% Other
Q19. Age
11% 18-34
43% 35-59
46% 60+
JV~- ~scus~~
AGENDA ITEM # ag d f ;-ji o -1
FOR AGENDA OF 10 • 15, e7$
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE _ Approval of Amendments to the Personnel Policies for Management, Supervisory
and Confidential Emplo ees
PREPARED BY: Sandy Zodrow DEPT HEAD OK L~ 4 CITY MGR OK 14
ISSUE BEFORE THE COUNCIL
Should the Council approve amendments to the Personnel Policies for Management, Supervisory and
Confidential Employees
STAFF RECOMMENDATION
Approve the amended Personnel Policies for Management, Supervisory and Confidential Employees
INFORMATION SUMMARY
The Personnel Policies for Management, Supervisory and Confidential Employees have not been
comprehensively reviewed and updated since 1987. It is appropriate that these policies be reviewed and changes
made to reflect current City practice, policy and philosophy. The Executive Staff, comprised of the City
Manager and directors has spent several months reviewing all of the current personnel policies for this
employee group. The attached Exhibit A represents the proposed new personnel policies for the Management,
Supervisory and Confidential Employees, incorporating the updated amendments and revisions. An overview
of the major highlights may be found on the following page. Final adoption of the proposed new policies is
scheduled for your October 13th Council meeting.
OTHER ALTERNATIVES CONSIDERED
Not applicable
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
While not directly related to the ongoing Visioning Project, the updated personnel policies reflect the City of
Tigard's current and future organizational and human resources philosophy and practices.
FISCAL NOTES
Not applicable
MAJOR HIGHLIGHTS OF PROPOSED CHANGES TO PERSONNEL POLICIES FOR MANAGEMENT
SUPERVISORY AND CONFIDENTIAL EMPLOYEES
1. Upon final approval by the Council, all chapter numbers (see "No. and all page numbers will be
formally inserted instead of hand written as appears on the proposed document.
2. The new proposed policies have been reorganized in more clearly designated sections for ease in research and
use. Council will find much of the current policies relocated in different sections and/or in new chapters with titles
for greater convenience and readability.
3. Merit Salary Increases: Instead of the current standard 5% merit increase, Department Directors will be able
to designate a greater or a lesser increase depending on the individual's job performance.
4. Layoff and Recall: A new section on layoff and recall has been designed in the event the City should ever need
to implement a layoff effecting positions in this group of employees. This section incorporates common language
found in other layoff provisions, and is compatible with the TPOA and OPEU contracts.
5. Moving Expenses: This current section was condensed, and the detailed procedures were moved out of the
policies and will be covered under the Finance Department's procedures.
6. All of the benefit changes for the Management, Supervisory and Confidential Employees that your Council
recently adopted have also been incorporated into the new proposed personnel policies for this group.
CITY OF TIGARD, OREGON
RESOLUTION NO. 98-
A RESOLUTION AMENDING THE PERSONNEL POLICIES FOR MANAGEMENT,
SUPERVISORY AND CONFIDENTIAL EMPLOYEES
WHEREAS, the City of Tigard has determined that the Personnel Policies for Management, Supervisory
and Confidential Employees have not been comprehensively reviewed and updated since October 1987,
WHEREAS, a complete evaluation and update to these policies has now been completed and it has been
determined that certain changes are appropriate
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that the revised and updated
Personnel Policies for the Management, Supervisory and Confidential Employees as referenced in the
attached Exhibit A be adopted
PASSED: This day of 1998.
Mayor - City of Tigard
ATTEST:
City Recorder - City of Tigard
i Acitywide\resolut.dot
RESOLUTION NO. 98-
Page 1
COL/ C/~S
NEW
PERSONNEL POLICIES - ManaQement/SuQervisory/Confidential Employees
Index Number Page
Purpose /'0
Appointment to Position
Employment Agreements 3.0
Compensation 1 0 -
4-Probationary Period '5'0 S
Merit Salary Increase 6 , 0
Residency Requirements 7,0 • 7
Overtime 'G'0 c?•-//
Holidays 191,
Management Leave iD
Vacation
Sick Leave
Other Leaves
Compassionate Leave
Civil Leave
Military Leave.
Leaves of Absence Without Pay
Employee Benefits /4.0 ad -
Health, Vision, and Dental Coverage - v2O
Health Coverage for Employees Over 65 010
Health Coverage After Separation of Employment - 20
Health Coverage After Retirement - mac?
Long-Term Disability_
Life Insurance ;2
Other Insurance Programs
ICMA 401(a) Retirement Programs - ZZ
PERS Retirement Program
22-
Deferred Compensation Program 2
Social Security_
Layoff and Recall , O ~4 -a6
Moving Expenses O :P- Z
PERSONNEL POLICIES - Management
No. A o
PURPOSE:
These policies are specifically applicable to the Management/Professional Group
employees of the City of Tigard, and shall be utilized as a supplement to the City's
general Personnel Policies. These policies are applicable to those job classifications
Identified in the Management/Professional Group pay plan.
The City reserves the right to change any of these policies and procedures at any time.
These policies and procedures do not and are not intended to constitute a contract of
employment or a promise or guarantee of specific treatment in specific situations.
Furthermore, these policies and procedures do not confer any property right in continued
employment with the City. It is understood that the City and its employees mutually
reserve their right to end the employment relationship, with or without cause, at any time.
AUTHORITY AND RESPONSIBILITY:
The Mayor and the City Council shall have authority over all matters of personnel
administration through adoption and implementation of the City budget, pay plans,
collective bargaining agreements, and ordinances and resolutions adopting and/or
amending the personnel rules and regulations.
The City Manager may interpret the language of the rules and regulations in any case
where interpretation is in question, and may specifically delegate the authority for the
enforcement of these rules and regulations.
The City Manager shall be responsible for ensuring the effective implementation of these
rules and regulations and may further establish, amend or otherwise modify these rules
and regulations pursuant to City Council policies. The City Manager shall advise the City
Council on any changes concerning these rules and regulations.
PERSONNEL POLICIES - Management
No. -.0
APPOINTMENT TO POSITION:
The Mayor of the City of Tigard, with the consent of the City Council, exercises appointive
and removal power over the offices of the City Manager, City Attorney, Municipal Judge,
and City Recorder. Unless otherwise agreed to in an employment agreement with the
individual filling the position, incumbents appointed to these positions after February 17,
1986, serve at the pleasure of the Mayor and City Council and can be terminated from
their position without cause (City Ordinance 86-15). Such employment agreements with
the City Manager, City Attorney, Municipal Judge, and City Recorder are binding only
upon the appointing City Council and must be renegotiated if a majority of new Council
members are elected.
The City Manager, after consultation with the Mayor and City Council, has appointive and
removal power over all persons serving as Department Directors for the City. In addition,
the City Manager has supervisory responsibilities over the City Recorder. Unless
otherwise agreed to in an employment agreement with the individual filling such a
position, just cause shall not be required for removal of Department Directors appointed
after February 17, 1986 (City Ordinance 85-15).
Z
PERSONNEL POLICIES - Management
No. 3. O
EMPLOYMENT AGREEMENTS:
Only the City Manager, City Recorder, and Department Directors serve under the
conditions of an employment agreement Other positions designated by the City Council
or City Manager may also serve under the such conditions of an employment agreement.
These conditions may include, but are not limited to, terms of appointment, supervision,
termination, duties, salary, and fringe benefits. All employment agreements shall be in
writing and approved by the City Council or City Manager, depending on who is the
appointing authority.
The employment agreement is to be utilized in conjunction with the personnel policies of
the City. In the event that the language contained in the employment agreement differs
with a provision in the personnel policies, the employment agreement shall take
precedence.
J
PERSONNEL POLICIES - Management
No. -4, a
COMPENSATION:
The City Council, with the recommendation of the City Manager, shall set the salary
schedule to be used as the basis for compensation. Employees shall be paid in
accordance with the established salary schedule as adopted by the City Council. Newly
hired employees shall be compensated at the entry level salary for their position unless
otherwise specifically approved by the City Manager.
PERSONNEL POLICIES
No. T, a
PROBATIONARY PERIOD
Except as otherwise provided for in an applicable collective bargaining agreement, newly
hired or promoted employees shall serve a six (6) month probationary period. During this
probationary period of employment employees may be dismissed without cause by the
City Manager or by the employee's department director with the approval of the City
Manager. Notice of dismissal during the probationary period shall be in writing and shall
state the effective date of the dismissal. If, in the opinion of the department director, a
longer probationary period is necessary to evaluate the employee's performance, the
probationary period may be extended by the department director for a maximum of three
(3) months.
All employees being promoted or transferred will be subject to a six (6) month
probationary period.
PERSONNEL POLICIES - Management
No. 6, 0
MERIT SALARY INCREASES:
Except where prohibited by language in any applicable collective bargaining agreements,
employees of the City shall receive salary increases, within the salary range of their job
classification, on the basis of merit instead of automatic "step" increases on an annual or
other basis.
A performance review must be completed prior to awarding a merit increase. Merit
increases shall be granted based on satisfactory performance at the completion of twelve
months of employment from the date of satisfactory completion of the probationary
period, and every twelve months thereafter. Additional merit increases may be granted at
any time based on documented performance reviews. Contingent upon satisfactory
performance, an employee shall receive a merit increase not to exceed the top step of the
salary range for the classification, as provided for under "Performance Reviews". When
an employee reaches the final step of the salary range, no further merit increases will
occur.
PERSONNEL POLICIES - Management
No. 7, d _
RESIDENCY REQUIREMENTS:
The City Manager, City Recorder, and all Department Heads are required to establish
and maintain permanent residency within the boundaries of Clackamas, Multnomah or
Washington Counties in the State of Oregon within nine months following their
appointment unless otherwise agreed to in writing by the City Council.
PERSONNEL POLICIES - Management
No. O
OVERTIME:
It is the policy of the City to reduce to a minimum the necessity for overtime. Overtime
work shall be discouraged, and department directors and supervisor shall make every
effort to assign to each employee duties and responsibilities which can be
accomplished within the employee's established work schedule. However, there may be
times when City employees may be expected or are required to work beyond their
normal 40 hour work week schedule in order to provide the services and support
necessary to conduct and supervise the work programs which have been assigned to
them. It shall be the responsibility of the department director to assign and/or allow
overtime with due consideration for budgetary accountability. Flexible scheduling in lieu
of overtime shall be encouraged whenever feasible. All overtime to be worked required
the advance authorization of the employee' supervisor.
Overtime for FLSA Exempt M-1 Employees
The M-1 category includes department directors. M-1 employees will be allowed to take
time off as their workloads permit on an hour for hour like-time basis for hours worked in
excess of their normal work week. Like-time is not accrued by is granted subject to the
approval of the City Manager. Employees in this category may also be allowed to utilize
flexible scheduling.
Overtime for FLSA Exempt M-2 Employees
The M-2 category covers senior management positions including division managers,
some supervisors, professional employees and other senior management
classifications. M-2 employees who work in excess of their normal week will be allowed
to take time off as their workloads permit and at the discretion of the department
director. If employees receive compensatory time (hour for hour) off as determined by
the department director, they may not accumulate in excess of 40 hours without the
approval of the department director and City Manager.
Overtime for FLSA Non-Exempt M-3 Employees
M-3 employees are Management/Professional Group non-exempt employees pursuant
to the Fair Labor Standards Act and other exempt positions as determined by the City.
These positions will be provided time and one-half compensation in cash or accrued
compensatory time for all hours worked over 40 hours in a work week. The maximum
accumulation or cap of compensatory time shall be 40 hours. Employees should use
O
accumulated compensatory time (at time and one-half) as soon as practical. At the
discretion of the department director, overtime may be paid in lieu of compensatory time
if budgeted funds are available.
Management/Professional Employees
M-1, M-2, M-3 Designations
M-1 Category
Library Director
Finance Director
City Engineer
Public Works Director
Community Development Director
Police Chief
M-2 Category
s
Planning Manager
Financial Operations Manager
Building Official
Engineering Manager
Assistant to the City Manager
Police Lieutenant
Network Services Director
Human Resources Director
Police Captain
Library Division Manager
Library Technical Services Specialist
Reader Services Specialist
Library Circulation Supervisor
Project Engineer
Operations Division Manager
Property Division Manager
Utility Division Manager
Administrative Services Manager
Planning Supervisor
Senior Management Analyst/Risk
Senior Human Resources/Telecommunications Analyst
Plans Examination Supervisor
Senior Human Resources Analyst
Development Services Supervisor
City Recorder
Inspection Supervisor
M-3 Category
Library Technical Services Coordinator
Buyer
Police Sergeant
Confidential Executive Assistant
Micro Computer Support Technician
Assistant Planner
Executive Assistant to City Administration
Human Resources Technician
Human Resources Assistant
Risk Technician
Police Records Supervisor
Fleet Services Coordinator
Associate Planner
Budget and Financial Reporting Analyst
Human Resources Analyst
Volunteer Coordinator
Wastewater Operations Supervisor
Water Operations Supervisor
Grounds Supervisor
Street Supervisor
Fleet and Facilities Supervisor
l~
PERSONNEL POLICIES - Management
No. 9.
HOLIDAYS:
The City observes the following paid holidays:
New Year's Day January 1
The Birthdate of Martin Luther King, Jr. Third Monday in January
President's Day Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Veteran's Day November 11
Thanksgiving Day Fourth Thursday in November
The Friday After Thanksgiving Day Friday after Thanksgiving
Christmas Day December 25
To receive holiday pay, employees must work the last scheduled work day before and the
first scheduled work day after the holiday, or be on authorized leave with pay for both of
these days.
Whenever a holiday falls on Sunday, the succeeding Monday shall be observed as the
holiday; whenever a holiday falls on Saturday, the preceding Friday shall be observed as
the holiday.
Holiday pay for full-time, regular employees is eight (8) hours. Holiday pay for part-time
employees shall be pro-rated according to their regular work schedule. Holidays which
occur when an employee is absent from work on approved vacation or sick leave will be
paid as holiday pay and no deduction shall be made from their accumulated vacation or
sick leave time.
Non-exempt (M3) employees who are required to work on a holiday will be compensated
for all hours worked on the holiday at 1-1/2 times their straight-time rate in addition to
holiday pay. This premium pay shall be due for working on either the actual holiday or the
observed holiday, but not both.
All other exempt employees required to work on a holiday may take an "altemate" day off
within 60 days following the holiday. Part-time employees who are required to work on a
holiday can choose to either receive prorated holiday pay for the day or a prorated
"alternate" holiday to be taken within 60 days following the holiday. "Alternate" holiday
time will not be carried over the 60 day limit.
swum
In lieu of holidays off, Police Sergeants shall be credited with eight (8) hours of holiday
compensatory time or cash, at the option of the employee, for each month worked. If the
Sergeant elects to receive compensatory time, such time off shall be credited to his/her
vacation/holiday account.
Within 30 days of the dates specified herein, the Sergeants will be required to advise the
City what portion of their holiday time is to be converted to their vacation/holiday account
and/or paid monthly or on the dates specified below. If a Sergeant elects to have a
portion of their holiday hours paid, such payment shall be made on December 1 and/or
June 1 of each year and shall not exceed 48 hours on either date. Human Resources will
provide the Sergeants with a selection form and each employee will be required to make
a selection and return the form within the time period described in this section.
/3
PERSONNEL POLICIES - Management
No. /O,O
MANAGEMENT LEAVE
Regular, full-time employees in the Management/professional group shall accrue
management leave based on their length of service in a management/professional
position. Management leave for regular part-time employees working 20 hours or more
per week in these positions shall be pro-rated according to their regular work schedule.
Newly appointed management/professional employees will receive a pro-rated amount of
management leave during their first fiscal year of employment based on completion of
each full quarter (3 month) period worked. Eligible employees shall eam paid
management leave according to the following schedule:
Date of hire-1st fiscal year 2 hrs/full quarter worked
end of 1 st fiscal year - 2-1/2 years 1 day per fiscal year
2-1/2 years plus one day through
4-1/2 years 2 days per fiscal year
4-1/2 years plus one day 3 days per fiscal year
Management leave is posted on July 1st of each fiscal year and may be used after
posting. All management leave must be taken by June 30th of that fiscal year and may
not be carried over into the next fiscal year. The employee will not be paid for
management leave in the event of termination of service for any reason.
14-
PERSONNEL POLICIES - Management
No.
VACATION LEAVE:
Regular, full-time employees shall accrue vacation leave based on their length of service
with the City. Vacation time for regular, part-time employees who work 20 hours or more
per week will be prorated according to their regular work schedule.
Management/Professional group employees shall accrue vacation time on the following
basis:
Years of Service Accrual Rate/Month
0 to 6 months No monthly accrual - 40 hours credited at
the end of the probationary period
beginning of 7 months of service 7 hours/month
beginning of 1 year of service 8 hours/month
beginning of 6 years of service 10 hours/month
beginning of 11 years of service 12 hours/month
beginning of 16 years of service 14 hours/month
beginning of 20 years of service 16 hours/month
Vacation shall be credited as earned for each month of service or pro-rated for each
fractional month, expressed to the half-month of service. Vacation leave shall be posted
at the end of each pay period in which it is earned. Employees may not use vacation
leave until it has been earned Management/Professional employees may not accrue
vacation time in excess of two (2) times their annual accrual. Employees may not accrue
vacation time beyond the maximum limit. It is the employee's responsibility to schedule
sufficient vacation so that he/she is not denied accrual of additional vacation time.
With written approval of the department director, Management and Professional
employees may receive pay in lieu of one week of vacation leave each fiscal year,
provided the payment is requested in conjunction with a scheduled week of vacation time
off. Employees may also receive pay in lieu of a second week of vacation each fiscal
year, provided an additional five (5) days of vacation are taken off during the fiscal year.
Upon termination of service for any reason, the employee shall be paid for all earned but
unused vacation time accrued.
/5
PERSONNEL POLICIES - Management
No. /d . o
SICK LEAVE:
An employee who is unable to work by reason of personal illness or injury, necessity of
medical or dental care, exposure to contagious disease, or critical illness in the
employee's immediate family, may utilize sick leave. Sick leave may also be used under
the provisions of the City's Family Medical Leave Policy.
• Accrual:
Regular, full-time employees accrue sick leave at the rate of 3.7 hours for each two week
payroll period they are employed by the City.Sick leave for regular, part- time employees
working 20 hours or more per week shall be prorated according their regular work
schedule. Sick leave shall be posted at the end of each pay period. There shall be no
limit on the amount of sick leave an employee may accumulate.
• Utilization:
Accumulated sick leave shall be payable at the employee's regular straight time rate in an
amount equal to the time the employee would have normally worked.
In the event an employee is absent from work because of the need to use sick leave, the
employee shall, within the first half-hour of their scheduled start time, notify their
supervisor of their reason for being absent. Sick leave may not be used until it has been
earned. Employees must notify their supervisor each day they are absent except
employees who are on pre-approved sick leave such as worker's compensation or FMLA.
At the discretion of the Department Head, a physician's certificate may be required
before an employee is permitted to return to work or to be granted sick leave. Proven
abuse of sick leave shall result in disciplinary action.
If an employee runs out of sick leave, any additional time missed will be automatically
deducted from the employee's accrued vacation, compensatory, management leave and
holiday time. If the employee has no accrued vacation or compensatory time, the
employee will be placed on leave without pay.
Sick leave may not be used when an employee is actually performing the work involved in
a preapproved outside employment agreement.
e Physician's Certification:
In cases of illness or disability as certified by an employee's physician, the City has the
right to obtain a second medical opinion to confirm the employee's limited ability to
perform the duties of their position or inability to return to work. Such examinations shall
be performed by a licensed medical practitioner of the City's choosing and shall be paid
for by the City. The consulting practitioner shall submit a written report to the Human
Resources who will make a final decisions regarding granting of sick leave benefits.
Employees who refuse to submit to a second opinion examination may be ineligible for
the use of accumulated sick leave for the particular disability in question.
Worker's Compensation:
Sick leave benefits are not available for any illness or injury that is covered by Worker's
Compensation benefits provided by the City or another employer. The City shall make up
the difference between time loss payments and the employee's regular net pay at the
time of injury. The City shall continue to make the same contribution to all benefit
programs as would have been made if the employee had worked his/her regularly
scheduled hours of work. Whenever an employee receives a reimbursement for worker's
compensation time loss benefits, he/she shall endorse the check and give it to the
Finance Director or their supervisor for deposit by the City. Time lost for injuries covered
by worker's compensation will not be charged to the employee's accumulated sick leave.
Worker's compensation will run concurrent with utilization of the Family Medical Leave Act
(FMLA).
PERSONNEL POLICIES - Management
No. _,Z3,
V
OTHER LEAVES:
Compassionate Leave:
In the event of a death in the employee's immediate family, the employee may be granted
time off with pay for a period not to exceed five working days. For the purposes of this
section, an employee's family shall be defined as: spouse, child, parent, sibling, father-in-
law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandchild,
grandparent, or any other person who is a dependent of the employee. The City Manager
may allow additional paid time off or may recognize the need for granting the use of
compassionate leave in the event of the death of other relatives or non-relatives.
Civil Leave:
Employees shall be granted paid leave for service on a jury or when subpoenaed as a
witness in a court proceeding in which the employee does not have a personal interest.
The employee shall remit said fees due them for jury or witness duty to the City, except
reimbursement for mileage, meals, etc., to the City. Employees are required to report to
work when less than a normal work day is required for jury or witness duties.
Milita!y Leave:
Under ORS 408.290, employees who have six (6) months service are entitled to a military
leave of absence with pay not to exceed eleven (11) working days in any one training
year for annual active duty for training as a member of the National Guard, National
Guard Reserve or any reserve component of the US Armed Forces, or of the US Public
Health Service. A training year is the period of time during which the particular unit of the
National Guard or a reserve component holds 48 consecutive assemblies for drill and
instruction. Such leaves are granted without loss of other leave and without impairment
of other rights or benefits, providing the employee receives bona fide orders to training
duty for a temporary period and provided they return to their position immediately upon
expiration of the period of ordered duty.
Employees on leave of absence due to military service are not required to use
accumulated paid leave (i.e., vacation, compensatory time, or management leave) during
their absence. At the discretion of the department head, additional leave may be
approved if the duration of the military duty exceeds eleven (11) working days.
~d
Leaves of Absence Without Pay:
Employees may request a leave of absence without pay if circumstances require an
absence from work. The employee must submit a written request for approval of the leave
of absence to their department director and/or the City Manager. This written request
must establish a reasonable justification for the leave and the duration of the requested
leave. Leaves will not be granted to accept employment outside the City.
An employee may be granted a leave of absence without pay for up to twelve (12)
months when the work performance of the employee's department will not be seriously
handicapped by their absence. Vacancies created by the employee's leave, if filled, will
be made by a temporary appointment.
Employees shall be required to exhaust all accrued paid leave prior to being placed on
leave without pay status (i.e., vacation, compensatory time, management leave). If an
employee exhausts all accumulated sick leave due to illness or injury, they will be
required to use any accrued vacation, compensatory time, and management leave prior
to being placed on leave without pay status (see Family Medical Leave Policy).
All leave accruals and retirement contributions shall begin to accrue when the employee
returns to work, without loss of any previously existing leave balances. Seniority accrued
prior to an authorized leave of absence without pay will not be lost. Health and other
insurance benefits shall be administered according to the appropriate insurance
guidelines.
/9
PERSONNEL POLICIES - Management
No. 0
EMPLOYEE BENEFITS:
Health. Vision, and Dental Coverage:
The City provides group health insurance for regular employees and their dependents to
cover non-occupational injuries and illnesses. All regular employees working 20 hours or
more per week are eligible for medical, vision, and dental insurance's for themselves and
their dependents. Regular, part-time employees working from 20 hours to 31 hours per
week are responsible for paying one-half the cost of the monthly premiums.
Coverage becomes effective on the first day of the month following completion of two full
months of employment. Any monthly premium payments necessary to cover the
employee or their dependents will be deducted from the employee's paycheck.
Health Coverage for Employees Over 65:
Any current employee who is also Medicare-eligible will continue to be covered under the
City-sponsored group insurance plan of their choice. Primary coverage will be through
the City's health plan. The employee may also choose to enroll in Medicare as a
secondary provider to help pay remaining eligible expenses. The City does not pay
Medicare premiums.
Health Coverage After Separation of Employment:
Health coverage through the City ceases at the end of the month in which employment
terminates. Employees and their dependents who no longer qualify for City coverage,
may elect within 60 days to continue their health insurance at the City rate through the
COBRA program. Monthly premiums are payable to the City.
Health Coverage Benefits After Retirement
Employees retiring under the City's retirement plan may continue their health insurance
coverage through the City by paying the monthly premium. Employees must elect
coverage within 60 days of their retirement from the City. When the employee or their
spouse becomes eligible for Medicare, that individual's health coverage through the City's
group plan must be discontinued. However, the other individual is eligible to continue the
City's group plan coverage until such time that they reach Medicare age. Upon reaching
the age of 18, any unmarried, dependent child will no longer be eligible for health
coverage under the City's group plan.
2~
Long-Term Disability Coverage
Effective on the first working day of the month following completion of six (6) full months
of continuous employment, regular full-time employees and part-time employees who are
scheduled to work 20 hours or more per week are covered by the City's long-term
disability insurance program. This insurance will provide for 66 2/3% of the employee's
base salary in the event the employee should be disabled and not have sick leave,
worker's compensation, or other insurance coverage available to them.
Employees eligible for long-term disability benefits will receive a percent of their
scheduled salary to a monthly maximum benefit as specified by the applicable Group
Insurance Policy Certificate for Long-Term Disability.
Life Insurance
Effective on the first working day of the month following completion of two (2) full months
of continuous employment, all regular full-time employees and part-time employees who
are scheduled to work 20 hours or more per week are covered by a $50,000 life
insurance policy with provisions for double indemnity and accidental death and/or
dismemberment. Coverage may vary by employee group as specified by the applicable
Group Insurance Policy Certificate for Life Insurance.
Effective on the first working day of the month following completion of two (2) full months
of continuous employment, all regular full time and part time employees who are
scheduled to work 20 hours or more per week may apply for supplemental life insurance
coverage for themselves and their spouse upon the approval of the insurance carrier.
Premiums for this coverage are at the employee's expense and are made through payroll
deductions.
Other Insurance Programs:
Employees are insured under the provisions of the Oregon State Worker's Compensation
Act for on the job injuries, and the State Unemployment Insurance program. The amount
of the premiums paid and the levels of coverage provided are directed by those agencies
administering these programs.
The City provides a comprehensive personal liability (errors and omissions) policy to
provide liability coverage for employees excluding the provisions of ORS 30.285 as it
relates to malfeasance in office or willful or wanton neglect of duty.
21
ICMA (401 a) Retirement Program:
ICMA Money Purchase Plan:
All regular full-time and part-time employees working 20 hours or more in the
Management/Professional Group (with the exception of Police Sergeants, Lieutenants,
Captains, and the Police Chief) are required to participate after six months of continuous
employment in the ICMA 401(a) Money Purchase Plan. The City's contribution rate will
be determined annually by the City Council. All participating employees are 100% vested
at the time of the City's first contribution in their behalf.
Employees may also elect to participate in the ICMA 401(a) Voluntary Contribution
Program after six months. This program allows a voluntary after-tax contribution of up to
6 percent of the employee's monthly salary.
Employer and employee contributions cease on the employees last work day.
PERS Retirement Program:
The Police Chief, Captains, Lieutenants, and Sergeants in the Management/Professional
Group are required to participate in the Public Employees Retirement System (PERS)
after six (6) months of employment with the City. New sworn officers who already
participate in PERS are enrolled immediately. The City's contribution rate is established
by PERS rules and regulations; the employee's contribution is determined by City Council
action.
Eligible Employees may also choose to participate in the PERS Variable Annuity
program. Enrollments must be received by PERS prior to January 1 each year and are
effective on January 1.
All contributions shall cease immediately upon separation from the City.
Deferred Compensation:
The City offers employees the option of participating in a deferred compensation
program. Employees may voluntarily defer a portion of their salary as an investment for
retirement.
N
Employee contributions shall cease immediately upon separation from the City..
ZZ
Social Security:
The City participates in the Federal Social Security Program (FICA). Contributions by the
City and the employee, as well as benefits provided, are in accordance with the rules and
regulations provided by the Social Security Administration.
~3
PERSONNEL POLICIES - Management
No. /S a
LAYOFF AND RECALL
A department director may layoff an employee because of lack of work, shortage of
funds, a material change in duties, a disability which prevents the employee from
performing assigned duties where reasonable accommodation cannot be made,
reorganization, or for any other reason as determined by the City which does not reflect
discredit on the service of the employee. Temporary or permanent separation of an
employee as a disciplinary action shall not be considered a layoff. Additionally, any
temporary interruption of employment because of adverse weather conditions, shortage
of supplies, or for other unexpected or unusual reasons, as determined by the City
Manager, which does not exceed ten (90) working days, shall not be considered a
layoff if, at the termination of such conditions, employees are to be returned to
employment.
The department director shall identify the number of positions within a classification to
be reduced in the department. Unless a layoff is the result of a disability that cannot be
reasonably accommodated, layoff shall be within a classification in the department in
inverse order of seniority with the City. For the purposes of layoff, seniority shall be
based on consecutive service with the City. Time spent in a temporary position shall
not count towards seniority for the purposes of layoff. In the event two or more
employees have the same seniority and the same date of employment with the City,
layoff will be determined by the drawing of lots. The department head shall request
Human Resources to prepare the appropriate layoff list. The employee with the least
City wide seniority shall be laid off.
Employees who are laid off will be offered any temporary positions for which they are
qualified and available in the department from which they were laid off. Temporary
employees will not be employed in any department implementing layoffs unless any laid
off employee (s), who are qualified and available for the nature of the work involved, are
first offered and decline to accept the temporary, extra help or seasonal position. The
determination of an employee's qualifications and availability to perform the work of a
temporary, extra help or seasonal position shall be within the discretion of the
department director.
The department director will be expected to notify Human Resources of a pending
layoff as soon as practical. All affected employees shall be given written notification by
their department director at least thirty (30) calendar days before the effective layoff
date, stating the reasons for the layoff.
z4-
Bumoina
In the event of a layoff, any employee who would otherwise be subject to a layoff shall,
within five (5) working days following written notice of layoff, have the right to displace
or "bump" a less senior employee in any lower paying classification in any department
provided that he/she is fully qualified to perform the work of the lower pay classification
and has more seniority in City service (excluding temporary work) than the least senior
employee in the classification he/she seeks to bump into. The City Manager or
department director shall determine if an employee meets the qualifications for the job.
Any employee who exercises his/her bumping rights shall serve a probationary period
of three (3) months in the lower classification, with an option to extend another three (3)
months at the discretion of the department director. During this probationary period, the
City may layoff the employee for unsatisfactory performance in the lower classification.
Employees to be laid off shall submit written bumping requests to their department
director within five (5) working days of receipt of written notice of layoff. If no request to
bump is received by the deadline, the employee shall be laid off. The department will
officially notify the employee in writing whether the bumping request is granted or
denied, and shall do so within the 30 calendar day notice of layoff period.
Employees who are granted bumping requests shall be placed at the top step of the
lower classification or at their current salary, whichever is less.
Department directors including the City Recorder may not exercise bumping rights.
Demotion in Lieu of Layoff
Management/Professional Group employees may submit a written request to their
department director requesting a demotion in lieu of layoff. The director shall normally
grant this request in any class for which a vacancy exists and where it appears that the
employee may expect to perform satisfactorily. If the department director determines
that this action is not in the best interest of the department, the director shall
immediately notify the employee in writing giving the reasons for the denial. An
employee who is demoted in lieu of layoff shall be placed on a recall list for the class
from which they were demoted.
The rules governing salary for demotions shall also apply for demotion in lieu of layoff.
Recall
A recall list shall consist of all employees who were laid off from, or demoted in lieu of
layoff from a position in the appropriate class. The order of names on the recall list shall
be by seniority. Each recall list shall remain in force for one (1) year from the date of
25
layoff or demotion in lieu of layoff. The recall list shall be used to fill vacant positions
before any other list may be certified, providing that the employee is qualified to perform
the duties of the position. If the department director determines that the employee is not
qualified to perform the duties of the position, the director shall notify Human Resources
in writing of the reasons for not appointing the employee. The recall list shall be certified
in the order of seniority.
The Human Resources Director may remove the name of a person from a recall list if
the laid off or demoted in lieu of layoff employee fails to reply within fourteen (14)
calendar days from the date of mailing of a written inquiry, sent by certified mail, to the
laid off employee's last known address. It is the responsibility of the employee to notify
Human Resources of any address change. The department director may request the
certification of the next person on the layoff list if the laid off or demoted in lieu of layoff
employee is not available to work within ten (10) working days of their notification to
return to work.
Benefits and Compensation
Accrued sick leave will be retained during the time an employee is on the recall list, and
will be available for use upon appointment from the recall list. Sick leave is lost when
the term of eligibility for recall expires.
Employees who have completed at least six (6) months of service and are eligible for
vacation benefits, will be paid for unused vacation leave at the time of layoff.
Employees who do not wish to be paid for accrued vacation when laid off may submit a
written request to Human Resources five (5) days prior to layoff. This accrued vacation
will be held for a maximum of one year from the date of layoff, at which time it will be
paid to the employee. Employees may request payment of accrued vacation time prior
to the end of the twelve months by submitting a written request to Human Resources.
Vacation time not paid to the employee will be restored upon appointment from a recall
list. The rate of the employee's accrual shall remain the same as it was at the time of
layoff. Vacation shall not accrue while an employee is laid off.
Employees who are laid off shall retain, but not continue to accrue, seniority during the
time they are on the recall list. Seniority will be lost when the term of recall expires.
Upon reappointment from the recall list, an employee shall receive the same step in the
salary range that the employee was at when laid off or demoted in lieu of layoff.
Benefits and status toward merit increases shall begin to accrue as if there had been no
break in service. The employee's anniversary date shall be adjusted so that time spent
on layoff or in demotion in lieu of layoff, will not count towards merit increases.
26
PERSONNEL POLICIES v Management
No. -16, D
MOVING EXPENSES:
The City may pay partial or total moving expenses for employees in positions as
authorized by the City Manager.
In the case of total payment of moving expenses, the City's Finance Director or designee
will handle all details relating to the expenses associated with the move. In the case of a
partial payment, the employee will submit at least two estimates of the expected costs of
the move. The City Council or City Manager will determine the amount. of the moving
allowance to be reimbursed by the City. The reimbursement for moving expenses will be
paid to the employee after the move has been completed and appropriate expense
statements have been submitted to the City.. This procedure applies both to employees
who elect to move themselves as to those *who contract with a professional moving
company. In no event does the City assume any liability for any items lost or damaged
during the moving process.
Upon acceptance of a moving reimbursement, the employee is required to sign a letter of
agreement to repay any moving expense that were originally paid for by the City in the
event the employee resigns their employment with the City during the first twelve (12)
months of employment.
r `
27
CIL RA2EM~ f~
PERSONNEL POLICIES FOR MANAGEMENT SUPERVISORY AND ONFIQENTIAI
EMPLOYEES
Personnel Administration
Index Number Page
Purpose 1.0 1
Appointment to Position 1.1 2
Compensation and Overtime 2.0 2
Overtime for FLSA Non-Exempt Employees 2.1 3
Overtime for FLSA Exempt Employees 2.2 3
Holidays 3.0 3
Leave Time 4.0 4
Vacation 4.1 4
Sick Leave 4.2 5
Compassionate Leave 4.3 6
Civil Leave 4.4 6
Management Leave 4.5 6
Leave of Absence Without Pay 4.6 6
Insurance Benefits 5.0 7
Health and Dental Coverage 5.1 7
Long-Term Disability 5.2 7
Life Insurance 5.3 8
Retirement Programs 5.4 8
Other Insurance Programs 5.5 8
Moving Expenses 6.0 9
Residency Requirements 7.0 10
Probationary Periods 8.0 10
x~
1.0 The purpose of this manual is to set forth the personnel policies applicable to the
management, supervisory, professional, and confidential employees of the City of
Tigard. The provisions of this manual are applicable to those employees in the
following job classifications:
Category I - City Administrator
Assistant to the City Administrator
Community Administrative Assistant
Executive Secretary
Community Services Director/Assistant City Administrator
Finance Director
Personnel Manager/Special Projects Assistant
City Recorder/Support Services Manager
Office/Word Processing Manager
Accounting Manager
Community Development Director
City Engineer/Deputy Director - Community Development
Public Works Operations Superintendent
Engineering Services Manager
Building Official
Senior Planner
Library Director
Assistant Librarian
Police Chief
Police Lieutenant
Support Services Division Manager
Land Surveyor
Deputy City Recorder
Records/Court Manager
Category II - Wastewater, Park, & Street Crew Chief
Associate/Administrative Planner I
Associate Planner II
Associate Librarian
Data Specialist
Those individuals employed in the positions designated in Category I have been
identified as being "Exempt" employees for purposes of application of the Federal
Fair Labor Standards Act.
Those individuals employed in the positions designated in Category II have been
identified as being "Non-Exempt" employees for purposes of application of the
Federal Fair Labor Standards Act.
Adopted 10112/87 -1-
In the event that an employee has entered into a specific employment agreement
between themselves and the City, the language contained in the employment
agreement shall always take precedence over any of the provisions contained in
this manual.
1.1 Appointment to Position:
The Mayor of the City of Tigard, with the consent of the City Council,
exercises appointive and removal power over the offices of the City
Administrator, City Attorney, Municipal Judge, City Recorder, and Finance
Officer. Unless otherwise agreed to in an employment agreement with the
individual filling the position, incumbents appointed to these positions after
February 17, 1986, serve at the pleasure of the Mayor and City Council and
can be terminated from their position without cause (City Ordinance 86-15).
Such employment agreements are binding only upon the appointing City
Council and must be renegotiated if a majority of new Council members are
elected. o
The City Administrator, after consultation with the Mayor and City Council,
has appointive and removal power over all persons serving as Department
Heads for the City. In addition, the City Administrator has supervisory
responsibilities over the City Recorder and the Finance Director. Unless
otherwise agreed to in an employment agreement with the individual filling
such a position, just cause shall not be required for removal of Department
Heads appointed after February 17, 1986 (City Ordinance 85-15).
2.0 Compensation and Overtime:
The City Council, with the recommendation of the City Administrator, shall set the
salary schedule to be used as the basis for compensation. Employees shall be
paid in accordance with the established salary schedule which is attached as
Appendix A to this manual. Newly hired employees shall be compensated at the
entry level salary for their position unless otherwise specifically approved by the
City Administrator. The basic salary schedule does not include allowances for
authorized travel or other expenses incurred while on approved trips for City
business related matters or payments made to employees for the approved use of
personal vehicles for City business.
City employees may be expected or required to work beyond the normal 40 hour
work week in order to provide the services and support necessary to conduct and
supervise the work programs which have been assigned to them.
Adopted 10/12/87 -2-
2.1 Overtime for FLSA Non-Exempt Employees:
All overtime to be worked requires the advance authorization of the
employee's supervisor.
Employees who work over forty (40) hours in a work week shall be paid at a
rate of one and one-half times their regular hourly pay rate for all hours
worked in excess of 40 hours in the work week. Employees may receive
compensatory time off (at the rate of one and one-half hours off for each
overtime hour worked) as long as the compensatory time is earned and
used in the same 40 hour work week.
2.2 Overtime for FLSA Exempt Employees:
Department Heads will be allowed to take time off as their workloads permit
on an hour-for-hour like-time basis for hours worked in excess of their
normal work week. Like-time is mt accrued but is granted subject to the
approval of the City Administrator.
Division Managers and Professional employees will be allowed to accrue
compensatory time on an hour-for-hour exchange basis for hours worked in
excess of their normal work week. Compensatory time off may be taken as
the employee's workload permits and with the approval of the employee's
Department Head.
Other Supervisory and Confidential employees shall accrue compensatory
time at a rate of one and one-half times the number of hours worked in their
normal work week. Compensatory time off may be taken as permitted by
the employee's assigned workload and with the approval of the employee's
Supervisor.
Compensatory time may not be accumulated in excess of 40 hours without
the approval of the Department Head and the City Administrator. Overtime
may be paid in lieu of compensatory time if budgeted funds are available
and at the discretion of the Department Head.
3.0 Holidays:
The City observes the following paid holidays:
New Year's Day January 1
The Birthdate of Martin
Luther King, Jr. Third Monday in January
President's Day Third Monday in February
Memorial Day Last Monday in May
Adopted 10/12/87 -3-
Independence Day July 4
Labor Day First Monday in September
Veteran's Day November 11
Thanksgiving Day Fourth Thursday in November
The Friday After
Thanksgiving Day Fourth Friday in November
Christmas Day December 25
Holidays which occur when an employee is absent from work on approved
vacation or sick leave will be paid as holiday pay and no deduction shall be made
from their accumulated vacation or sick leave time.
4.0 Leave Time:
4.1 Vacation Leave:
Employees shall accrue vacation leave according to the following schedule:
Years of Service Accrual Rate/Month
0 to 6 months No monthly accrual - 40 hours
credited at the end of the
probationary period
6 months to 1 year 7 hours/month
1 year to 5th year anniversary 8 hours/month
6 years to 10th year anniversary 10 hours/month
11 years to 15th year anniversary 12 hours/month
16 years to 20th year anniversary 14 hours/month
20 + years 16 hours/month
Vacation shall be credited as earned for each month of service or pro-rated
for each fractional month, expressed to the half-month of service.
Management and professional employees may receive pay in lieu of one
week of vacation leave each fiscal year. The employee must make such
request in writing and must request the payment in conjunction with a
scheduled week of vacation time off.
Upon termination of service for any reason; the employee shall be paid for
all earned but unused vacation time accrued. The employee shall also be
paid for one-half of an unused floating holiday if the termination occurs
during the first six months of the fiscal year or for one full day if the
termination occurs during the last six months of the fiscal year.
4.2 Sick Leave:
Adopted 10/12/87 -4-
The purpose of sick leave is to allow continuation of pay while an employee
is ill, recuperating from an illness, or to avoid exposing others to an illness.
Regular full-time employees accrue sick leave at the rate of eight hours for
each full calendar month they are employed by the City. All regular
employees and all probationary employees (after 30 days employment) are
allowed to use accumulated sick leave for nonoccupational disability.
Accumulated sick leave shall be payable at the employee's regular straight
time rate in an amount equal to the time the employee would have normally
worked, up to a maximum of eight hours per day.
In the event an employee is absent from work because of illness or injury,
the employee shall, within the first half-hour of their scheduled start time,
notify the City of their reason for being absent. Should the employee be
unable to call within the first half-hour of their regular work shift due to
extreme illness or injury, the City may require a physician's statement upon
the employee's return to work. The cost of the physician's statement shall
be paid by the City in the event the employee's health insurance does not
cover the expense.
Employees may use sick leave for an illness in their family which requires
that the employee make arrangements for or taking care of the ill family
member. Family members are defined as relatives and/or dependents
domiciled in the employee's household. Variations to this policy are to be
approved by the City Administrator prior to the authorization of the use of
sick leave.
Whenever an employee receives a reimbursement for worker's
compensation time loss benefits, they shall report in writing to the Finance
Director the amount of the reimbursement and the period covered by the
reimbursement. Time lost for injuries covered by worker's compensation will
not be charged to the employee's accumulated sick leave except for the
initial three day period required by Oregon law.
In cases of disability certified by an employee's personal physician, the City
has the right to obtain a second medical opinion to confirm the employee's
limited ability or inability to return to work. Such examinations will be
performed by a licensed physician of the City's choosing and will be paid for
by the City. The consulting physician shall submit a written report to the City
Administrator who will make all final decisions with regard to the granting of
sick leave benefits. Employees who refuse to submit to a second opinion
examination may be ineligible for the use of accumulated sick leave for the
particular disability in question.
Adopted 10/12/87 -5-
i
4.3 Compassionate Leave:
In the event of a death in the employee's immediate family the employee
may be granted time off with pay for a period not to exceed five working
days. The City Administrator may allow additional paid time off or may
recognize the need for granting the use of compassionate leave in the event
of the death of a close loved friend of the employee.
4.4 Civil Leave:
Employees shall be granted paid leave for service on a jury or when
subpoenaed as a witness in a court proceeding in which the employee does
not have a personal interest. The employee shall seek all fees due them for
jury or witness duty and shall remit said fees due them for jury or witness
duty and shall remit said fees, except reimbursement for mileage, meals,
etc., to the City.
4.5 Management Leave:
Employees shall receive paid management leave according to the following
schedule:
Date of hire through 2-1/2 years 1 day per fiscal year
2-1/2 years plus one day through
4-1/2 years 2 days per fiscal year
4-1/2 years plus one day 3 days per fiscal year
Management leave must be taken by June 30 of each fiscal year and may
not accrue into subsequent fiscal years. The leave must be taken in half-
day or full-day increments. The employee will not be paid for management
leave in the event of termination of service for any reason.
4.6 Leaves of Absence Without Pay:
An employee may be granted a leave of absence without pay for up to
twelve months when the work performance of the employee's department
will not be seriously handicapped by their absence. Vacancies created by
the employee's leave, if filled, will be made by a temporary appointment.
The employee must submit a written request for` approval of the leave of
absence to their Department Head and/or the City Administrator. This
written request must establish a reasonable justification for the leave and
the duration of the requested leave. y
i
5
Adopted 10/12/87 -6-
y
An employee on an approved leave of absence without pay may continue
coverage of their group health insurance coverage for up to 180 calendar
days by paying the premiums for such monthly coverage to the City. All
other benefits and accruals shall be discontinued dunng leaves of absence
without pay which extend beyond thirty calendar days.
If the approved leave of absence without pay is for thirty calendar days or
less, vacation and sick leave accrual, seniority, time towards performance
evaluations, and health, dental, and other insurance benefits will accrue
and/or continue without interruption.
If the approved leave of absence without pay is for more than thirty calendar
days, vacation, sick leave, seniority, and time towards performance review
will not accrue during the leave but shall begin accruing again when the
employee returns to work without loss of any previously existing leave
balances. Health and other insurance benefits will be reinstated after the
employee returns to work but will be subject to the regular waiting periods
established for new employees.
5.0 Insurance Benefits:
5.1 Health and Dental Coverage:
Employees have their choice of the following insurance programs:
• Blue Cross Plan 11 - Premiums are paid by the City
• Blue Cross Plan IVA - Employee shares in cost of the insurance
program
• Kaiser Health Program - Employee shares in cost of the insurance
program
In addition, employees may be covered under the Blue Cross Plan II for
dental insurance. The premiums for this program are paid by the City.
Employees are eligible for these insurance coverages after being employed
by the City for two calendar months.
5.2 Long-Term Disability Coverage:
After six months of continuous employment employees are covered by a
long-term disability insurance program which will provide for 66- 2/3 percent
of their base salary up to a limit of $2,333 per month in the event the
employee should be disabled and not have sick leave, workers
compensation, or other insurance coverage available to them. The
premiums for this coverage are paid by the City.
Adopted 10/12/87 -7-
5.3 Life Insurance:
After two months of continuous employment employees are covered by a
$25,000 life insurance policy with provisions for double indemnity and
accidental death and/or dismemberment. The premiums for this coverage
are paid by the City.
Employees may, from their first day of employment, select optional
coverage for themselves and their dependents under a $150,000 accidental`
and/or dismemberment insurance policy. Premiums for this coverage are
the employee's expense and are made through payroll deductions.
5.4 Retirement Programs:
ICMA'Money Purchase Plan:
After six months of continuous employment, employees are eligible to
participate in the ICMA 401 (A) Money Purchase Plan. The City will
contribute 14 percent of the employee's monthly salary towards this
program.
Social Security:
The City participates in the Federal Social Security Program (FICA).
Contributions by the City and the employee as well as benefits provided are
in accordance with the rules and regulations provided by the Social Security
Administration.
5.5 Other Insurance Programs:
The City participates in and makes premium payments in the name of the
employee for both State Unemployment Insurance benefits and worker's
compensation insurance coverage. The amount of the premiums paid and
the levels of coverage provided are under the jurisdiction of the agencies
providing coverage for these programs.
The City provides a comprehensive personal liability (errors and omissions)
policy to provide liability coverage for employees excluding the provisions of
ORS 30.285 as it relates to malfeasance in office or willful or wanton neglect
of duty. Premiums for this coverage are paid by the City.
6.0 Moving Expenses:
Adopted 10/12/87 -8-
The City may pay partial or total moving expenses for newly hired officers, top
management personnel, Department Heads, or other key personnel as authorized
by the City Administrator or the City Council.
When approved, this policy provides for full reimbursement for expenses over
$100 and less than $5,000 for reasonable moving expenses including:
• Complete packing and unpacking of household goods
• Transportation of household goods
• Appliance disconnection and reconnection (but not extensive plumbing or
electrical services)
• Insurance for the vehicle to transport household possessions
• Reasonable necessary accessorial charges (tolls, ferries, hoisting, etc.)
The City will not reimburse the employee for the following services:
• Shipment of dangerous or illegal items
• Shipment of frozen foods, pets or livestock, or bulky items including, but not
limited to, autos, agricultural machinery, boats, trailers, airplanes, sheds, fire
wood, building materials, shrubs, or grand pianos
• Expedited service and/or exclusive use of a moving van
• Overtime for loading and/or unloading services
• Extra labor and/or third party services
• Cleaning and/or maid services
• Storage in transit
• Extra pickup or delivery
• Special electrical, plumbing, or carpentry services to disconnect or connect,
vent, or install water softeners, air conditioners, water heaters, draperies,
clothes washers or dryers, refrigerators, ice makers, etc.
• Rail-substituted services
In the case of total payment of moving expenses, the City's Finance Officer will
handle all details relating to the expenses associated with the, move. In the case of
a partial payment, the employee will submit at least two estimates of the expected
costs of the move. The City Council, City Administrator, and/or Department Head
will determine the amount of the moving allowance to be reimbursed by the City.
The reimbursement for moving expenses will be paid to the employee after the
move has been completed and appropriate expense statements have been
submitted to the City. This procedure applies both to employees who elect to
move themselves as to those who contract with a professional moving company.
In no event does the City assume any liability for any items lost or damaged during
the moving process.
Upon acceptance of a moving reimbursement, the employee is required to sign a
letter of agreement to repay any moving expense that were originally paid for by
Adopted 1 /1 7 -9-
the City in the event the employee resigns their employment with the City during
the first twelve months of employment.
7.0 Residency Requirements:
The City Administrator, other officers, and Department Heads are required to
establish and maintain permanent residency within the boundaries of Clackamas,
Multnomah, or Washington Counties in the State of Oregon within nine months
following their appointment unless otherwise agreed to in writing by the City
Council.
8.0 Probationary Period of Employment:
Newly hired employees shall be subject to a probationary period of employment of
six months. During this probationary period of employment employees may be
dismissed without cause by the City Administrator or by the employee's
Department Head with the approval of the City Administrator. Notice of dismissal
during the probationary period shall be in writing and shall state the effective date
of the dismissal. In cases where the responsibilities of a position are such that a
longer probationary period is necessary to evaluate the employee's performance,
the probationary period of employment may be extended by the City Administrator.
All employees being promoted, transferred, or reappointed will be subject to a six-
month probation period. During such probation period the employee may be
returned to the former classification which employee held without any reason or
cause being shown. The employee shall not be dismissed, however, without
cause. During this type of probation period, employees will continue to be
considered regular employees, will accrue seniority and are protected by dismissal
procedures as other regular employees.
Upon successful completion of the probation period, the employee shall be
advanced from entry step rate by five (5) percent within the pay range.
h:Voginlsherrielpolideslperspoli
Adopted 10/12/87 -10-
V;Si~t~C'S
g
11 •►3• Z
Association of Northwest Steelheaders
Tigard chapter
14815 S.W. Hall Blvd. • Tigard, Oregon 97224
October 13, 1998
City of Tigard
13125 SW Hall Boulevard
Tigard, Oregon 97223
Dear Honorable Mayor and City Council:
The Tigard Chapter of the Association of Northwest Steelheaders once again would like to thank
the Tigard City Council for supporting our efforts on Fanno Creek.. Our work during the past
year has significantly improved the stretch between the Main Street and Hall Street bridges. This
section is less than 100 yards from where we stand. This success of this effort can be measured
by what is no longer seen in the creek. Our recent annual "in-stream" clean-up yielded a
shopping cart, a lawnmower, several hundred feet of flex tubing, RR car brake assemblies and
various other items.
A special thanks to Mr. John Quihuis of the park staff for his great attitude and all his help
during our last clean-up. Also thanks to Jeff of the parks department who has supported us with
the necessary equipment and disposal of the additional yards of trash removed. This continuing
project is being accomplished with little cost to the city, but one that requires your cooperation,
and we thank you. We anticipate continuing our efforts during the upcoming year with your
continued support.
Another project we are proud of is our salmon tank hatch program. Currently we have tanks in;
Tigard High, Tualatin High, Fallon Middle School, Hazelbrook, and Tualaty. This program is in
conjunction with the STEP program and provides education in the school biology and science
programs.
Again, we thank you very much for your support.
Sincerely,
s
Director, Tigard Chapter
Agenda hem No. a
Meeting of 13 - G
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Honorable Mayor & City Council
FROM: Cathy Wheatley, City Recorder CAJ~IAZ
DATE: October 6, 1998
SUBJECT: Visitor's Agenda for the October 13, 1998 City Council Meeting
Attached is some information regarding communications from Elizabeth Braam concerning
representation on the Washington Square Regional Center Plan Task Force. Ms. Braam
intends to address the City Council during the Visitor's Agenda portion of the October 13,
1998, Council meeting.
I:\ADM\CATHY\000NCI L\B RAAM.DOC
C,%
From: Self <CATHY.COT>
To: Bill, ]irnH, ,LAURIE.COT
Subject: Washington Square Area Task Foce
Send reply to: cathy@ci.tigard.or.us
Date sent: Mon, 26 Sep 1996 10:45:13 PST
As an "FYI"
Elizabeth Braam, who lives in the Metzger area (telephone no.
245-2174) called to ask about getting on a Council Agenda. She is
circulating a letter and petition to be signed by Metzger-area
residents. This letter outlines her concerns about the lack of
representation of Metzger residents on the Task Force. She will be
submitting the petition to City Hall on about October 5th. She also
plans to attend the October 13 Council Meeting to request Council
consider adding some Metzger people to the Task Force.
She said she talked to Laurie Nicholson about her concerns. She said
Laurie advised her that the Council appointed the Task Force members.
Cathy
r~lal~rs QU, -
Bra.a,rrn I w~~ m
Was GUS UVA^Ld
pl a a, 2-
Cathy Wheatley 1 Fri, 2 Oct 1998 13:14:43
Elisabeth R. Braam
® 9315 S. W. Lehman St.
Tigard, OR 97223
Friday, October 21998
Ms Cathy Wheatly
Recorder, City of Tigard
Dear Ms Wheatly:
Further to our telephone conversation of 9/25/98 in which you advised me to have
our letter, adressed to the Tigard City Council, delivered to you no later than October
3, I am now pleased to hand deliver it to you today. I understand it will be made part
of the package of materials for the City Council members to study prior to adressing
our request at their next meeting on October 13. Several of the signatories plan to be
present at that meeting. Of course, I can be reached in the meantime if further
information is needed.
Sincere ,
~ -7~
SAC i~
Elisabeth R. Braam
Encl.: Signatories' letter to Tigard City Council, dated 9/29/98
with three signature sheets attached (47 signatures)
cc: Task Force members via Ms Laurie Nicholson
E-mail: pbraam@worldnet.att.net
■ Fax & telephone: (503) 245.2174
Tuesday, September 29, 1998
To: The Tigard City Council
Re: Washington Square Regional Center - Representation at the Task Force
We, the undersigned, are residents and home owners in the area of Tigard/Metzger bordered
by Greenburg Rd, Hall Blvd., and Hwy 217.
It has recently come to our attention that a Task Force, selected by the Tigard City Council,
has been meeting since May of this year to address land use and transportation changes in the
Washington Square Regional Center area as defined by the Metro 2040 plan. Our
neighborhood/community is being considered for inclusion in the Study Area. In reviewing the
membership list (copy attached), we were dismayed to see a blatant disproportion of
representatives with business, development, or governmental interests versus private
residentsthome owners. Please note that Mr. Steve Perry is the only member who is a private
resident living within the proposed Study Area who has no development interests.
We believe that you will agree that the Council Members of the City of Tigard will be better
served with a document of recommendations regarding the Washington Square Regional
Center, developed by a Task Force that can stand up to any scrutiny of bias. We therefore
respectfully request that you allow four individual home owners from our area to join the Task
Force immediately as full members. Several people in our community have indicated their
interest in serving.
It may be of interest to you that there are people with different opinions in our group. There
are those that would welcome higher density development with appropriate and timely
infrastructure improvements; others who want to maintain our present low density zoning; and
still others who have not made up their mind. The one thing that everybody wants, however, is
that our community has fair and equal input in the discussion/decision process through
membership in the Task Force.
Since proceedings have been ongoing for some time, we feel it is imperative to have the
requested four new members empaneled by the next Task Force meeting on October 21St.
Your prompt response to our contact person, Mrs. Elisabeth Braam, is appreciated.
Contact person:
Elisabeth R. Braam
9315 S.W. Lehman St.
Metzger, 97223
Tel.: (503) 245.2174
E-mail: pbraamad'worldnet.att.net
cc: Task Force via Ms Laurie Nicholson
Encl.: Three signature sheets147 signatures
To: Tigard City Council
Re: Washington Square Regional Center - Task Fore MembershiP
Address Tel.
Name & Signature L l '
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To: Tigard City Council
Re: Washington Square Regional Center - Task Force Membership
Name & Signature Address Tel,
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To: Tigard City Council
Re: Washington Square Regional Center - Task Force Membership
Name & Signature Address Tel.
:fe Lf 49 Pq 00"q
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-3370
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4
WASHINGTON SQUARE REGIONAL CENTER PLAN
TASK FORCE MEMBERS
August 12,
NAME INTEREST ADDRESS TEL/FAX .
1. Tom Archer Spieker Properties " 4949'SW Meadows, _ Tel. 675-8700
Suite 260, Lake Oswego, Fax 675-8787
OR 97035 email:
tarcher@spieker
com
2. Brenda Bernards Metro staff-observer and not a 600 NE Grand Ave. Tel. 797-1736
task force member _ Portland, OR 97232- Fax 797-1911
2736
3. Evelyn Beaverton City Council Member PO Box 4755 Beaverton, Tel. 526-2-347
Brzezinski 97076 Fax.576-2479
4. Dick Burnham Bicycle Transportation Alliance 8730 SW Ironstone Place Tel. 221-8896
Beaverton, OR 97007 Fax 221-8934
email: dick-
burnham@hoff
manco .cons
® 5. Marvin Cahn Observer-not a task force 5795 SW Cranberry Ct. 627-0153 -
member Beaverton, OR 97007
• 6. Charles Cameron County Administrator, 155 N. 1st Ave. Mail Tel. 648-8685
Washington County Stop 21 Fax 693-4545'
Hillsboro, 97124
7. Ruth Croft Crescent Grove Cemetery & 6060 SW 68th Ct. Tel. 245-0240
Mausoleum (Local business) Tigard, 97223 Fax 620-1264
8. Dr. Gene Davis Retired veterinarian Foreign Mission Tel. 246-5862
(Development interest) 10875 SW 89th Fax 977-9343
Tigard, OR 97223 email:
76101.1762@co
m userve.com
9. David Drescher Fans of Fanno Creek c/o Metro, Data Tel. 797-1586
Resource Center Dept.,
600 NE Grand Avenue,
Portland OR 97232
10. Nic Herriges Nimbus Business Commuters c/o Analogy Tel. 626-9700
9205 SW Gemini Drive Fax 643-3361
Beaverton, OR 97008
11. Leo Huff Oregon Dept. of Transportation 123 NW Flanders Tel. 731-8228
® Portland, OR 97207 Fax. 731-8259
12. Beth Johnston Associate Vice President, Norris 10300 SW Greenbur Tel. 452-5900
1
NAME INTEREST ADDRESS TEL/FAX
Beggs & Simpson; Project Rd. Fax. 244-4400
Manager, Lincoln Center(Local Tigard, 97223 email:
businesses)
bfjohnston@lin'
coln6tr.com
13. Jon Kvistad Presiding Officer, Metro Council 600 NE Grand Ave. Tel. 797-1540
(District #3) Portland, 97232 or 590-3282
Fax. 797-1793
14. Dan McFarling President, Association of Oregon 20585 SW Cheshire Ct. Tel. 642-4077
Rail and Transit Advocates Aloha, 97007 email:
(AORTA) (Commuter rail) oregonrail@aol.
com
15. Janice Altig Principal, Metzger Elementary 10255 SW 90th Ave. Tel. 684-2300
School Tigard, 97223 Fax. 246-9803
email:
emcvicker@ttsd
kl2.or.us
16. Lyndon Musolf Principal, Lyn Musolf & 5480 SW Dover Lp. Tel. 768-5.103
Associates (Affordable housing) Portland, 97225 email: .
lynmusolf@msn
.com
17. Adele Newton President, Washington County 7700 SW Alden St. Tel. 244-1934
League of Women Voters (Civic Portland, 97223
interest
18. Jim Nicoli Mayor, City of Tigard 13125 SW Hall Blvd. Tel. 620-2086
Tigard, 97223 Fax. 684-7297
19. Nawzad Othman President, OTAK (represents 17355 Boones Ferry Rd. Tel. 635-3618
Orland Development) Lake Oswego, 97035 Fax. 635-5395
email:
nawzad.othman
otak.com
20. Steve Perry Metzger resident 9885 SW 92nd Tigard, Tel. 245-0089
OR 97223
21. Jack Reardon Manager, Washington Square 9585 SW Washington Tel. 639-8860
Mall (Local businesses) Square Rd. Fax.620-5612
Tigard, 97223 email:
• Wsquare@ether
ate.com
22. Bob Rohlf City Council Member 12340 SW North Dakota Tel. (W) 590-
Tigard 97223 7654
Fax 590-7654
® email:
bobrolhf Neva
2
NAME INTEREST ADDRESS TEUFAX
® net.com
23. Rick Saito President, Group McKenzie 0690 SW Bancroft St. Tel. 224-9570
(Architectural Consultant for Portland, OR 97201 Fax 228-1285
Lincoln Center) email:
ets@grpmack.c
om
24. Ted Spence Tigard Citizen 10430 SW 66th Ave. Tel. 245-1549
Tigard, OR 97223 Fax 452-9650
f 25. Dave Stewart Executive Director, Citizens for 4012 SE 51st. Tek 526-3065
Sensible Transportation Portland, OR 97206 email:
daves ims.com
j 26. Pat Whiting CPO 4-M 8122 SW Spruce St. Tel. 246-7172
Tigard 97223 X -
27. Nick Wilson Planning Commission Member Atlas Landscape Tel. 224-5238
Architecture Fax. 224-5239
320 SW 6th Avenue email:
Suite 300, Portland, OR nick@atlas, j
® 97204 la.com
3
1016198
woo Page 1
Business
City of Tigard 1012?1199&
vVorkshop Due; 10115
10120114g8 Study session
Business Due: 1018
1011311998- workshop Topics Recreation
1011 Bill, Dave Nicoli -
Due' Atfatati Rec. Dist. -
Session .Kids & Co• LoreentL1z
Study -Water PTO Twin water F
public Information criteria. -ton -term
DiscussioMaria ementProfessional Review of evaluation
el Rules - Maria ent - Ed/Bill parkway and Consent Agenda
personn park Encroachm stop at Royalty Approve minates
Report on 4-W ay 3.1 Tmck purchase
Naeve street (Gus) (Bill) Bid Award - Dum
Rite Center Discussion (infomiauORP, ardin
w rovement costs
enda Revie and imp
07thAvenue -
Co.1 pppprove Minutes for dedication with residents.
3.1 Options a of irieetwg
3,2 a. Tentative p, enda as well as outcom
b Council Calendar Services ATea
3A2Tnend Feesl C -11- Urban 'halves R. to do staff report
(W ayrie to do TesolutionB er Tian hborhood Incentive
t District -
Reimbursemen
eeting Development
Pro Tam Gus Business M unity
Resolution I Fees for Comm
Dick Business owners
to
eetiug a or) Code oTt for Dowiit°wn
Business M s (Sus a) Day (Liz) proress Rep 3ilu m
Owner Report " Q
Update: Train Day Make Diff g
Volunteer progiams; i Property
Update: and rgaintenance - E WA e
Update (Ed) Consultants) 3iin(Duane Detentionp ou
Water thFinancin on 3
entor Final Re U - A rove Darin' Bi1llCath IEdIR
eseiyoir
M R AgTeemerit - SA) esrival Discussion - U
aces (Cook park Report - Gus Balloon F 0
GTeensp pieliminar`1 Evaluation _
69th LID - W
n ~
t?a ~
-jentagn Xis
City of Tigard Page 2 10/6/98
11/10/1998-Business 11/17/1998-Workshop 11/24/1998-Business
Due: 10/29 Due: 1115 Due: 11/12
Study Session Workshop Topics Study Session
Recycling - Guest Speaker Jon Kvistad Council Training - Council coverage on insurance
Confirmed b Loreen policies - Ron Gra beal - 1/2 hour
Update: McCall Property - Railroad Crossing City Atty. Training
Brian Ra er
Review Council Goals (Bill - 45 min) - Goal Setting
Consent Agenda Consent Agenda
3.1 Approve Minutes
Receive & File:
3.2 a. Tentative Agenda
3.2 b. Council Calendar
Business Meeting
Council consideration of request to dedicate
a portion of SW 107th Avenue
Tentagn.xls
MEMORANDUM Agenda Item No. 3•-Q b
CITY OF TIGARD, OREGON Meeting of
TO: Honorable Mayor and City Council
FROM: Bill Monahan
DATE: October 1, 1998
SUBJECT: COUNCIL CALENDAR, October - December 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.
October
* 13 Tues Council Meeting - (6:30 p.m.)
Study Session - Business Meeting
* 20 Tues Council Workshop Meeting - (6:30 p.m.)
24 Sat Make A Difference Day
* 27 Tues Council Meeting - (6:30 p.m.)
Study Session - Business Meeting
November
6-8 Fri- League of Oregon Cities Conference - Portland
Sun
*10 Tues Council Meeting (6:30 p.m.)
Study Session - Business Meeting
11 Weds Veterans Day - City Offices Closed
*17 Tues Council Workshop Meeting - (6:30 p.m.)
* 24 Tues Council Meeting - (6:30 p.m.)
Study Session - Business Meeting
26-27 Thurs- Thanksgiving Holiday - City Offices Closed
Fri
December
2-5 Weds- NLC Conference - Kansas City
Sat
4 Fri Holiday Tree Lighting
*8 Tues Council Meeting (6:30 p.m.)
Study Session - Business Meeting
* 15 Tues Council Workshop Meeting - (6:30 p.m.)
* 22 Tues Council Meeting - (6:30 p.m.)
Study Session - Business Meeting
25 Fri Christmas Holiday - City Offices Closed
1 Aadm\cathy\cou nd1\ccca1.doc
AGENDA ITEM # 3. 5
FOR AGENDA OF October 13. 1998
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Establishin an Address Fee in the Urban Service Area
PREPARED BY: Brian Ra er W~::: DEPT HEAD OK Qr~ C TI Y MGR OK
ISSUE BEFORE THE COUNCIL
Should the City establish a fee within the Urban Service Area to cover the costs of assigning addresses, and
should the City Manager sign a memorandum of understanding which transfers this responsibility from
Washington County to the City?
STAFF RECOMMENDATION
Staff recommends the Council adopt the attached resolution that would establish the fee and authorize the City
Manager to sign the attached Memorandum of Understanding.
INFORMATION SUMMARY
Resolution No. 97-20, dated May 13, 1997, established authority for the City to charge certain fees and charges
for services in the Urban Service Area. The Intergovernmental Agreement, that became effective on June 2,
1997, did not include addressing as a service that the City would take over. After operating under the
Agreement for over a year, it has become evident that the City should be the agency assigning addresses.
Customer service will be significantly improved by allowing the City to assume this responsibility. Problems
that have arisen include delayed transfer of address information from County staff to City staff which results in
delayed permit processing by the City. One other problem is that utility agencies and emergency service
providers often call City staff for address information on new Urban Service Area projects. When the City does
not have the address information available, due to the delayed transfer of the information from the County, the
City staff person must then refer the party to the County.
The County is now willing to convey the addressing responsibility to the City. In addition, the County's fee for
this service is $ 30.00 per address. Staff recommends that the City charge the same fee, as we have done for the
other services that were assumed on June 2, 1997.
OTHER ALTERNATIVES CONSIDERED
There appear to be no other options that will improve customer service.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
N/A
t
FISCAL NOTES
The addressing responsibility will increase the work load for City staff, but it appears no additional positions
will be required. The fee revenue for this service should offset the additional City staff expense.
iAcitywide\smn.dot
- ~ i n'1l~.rke~
, U-p V ~t i W1 ~
Exhibit B
CITY OF TIGARD it N' s 4.xgs~n
GO. S-o
ENGINEERING DEPARTMENT
PUBLIC IMPROVEMENT PERMIT FEES (Administration Deposit)
AND OTHER RELATED SERVICES
FOR WORK WITHIN THE WASHINGTON COUNTY AREA OF INTEREST
The Engineering Department issues two types of permits for work within the public right-of-way or
public easement, both of which require a deposit to be paid prior to construction that will cover
Engineering plan review, assurance administration and inspection fees related to a public
improvement permit.-. The City also provides address assignments for properties.
1. STREET OPENING PERMIT (SOP):
This permit covers relatively minor work in a public right-of-way or easement, such as
sidewalk and driveway installation and service connections to main utility lines. This work
may involve open trench work within the street. The permittee must submit a plan of the
proposed work for review and approval. The fee for this type of permit is $150 minimum plus
a deposit to cover the estimated cost of time and equipment involved in processing and
inspection. Should the deposit not fully cover all costs, the permittee will be invoiced for the
remainder.
These permits require a cash bond or surety bond to be posted. For work outside the traveled
portion of the roadway, the bond amount is $250 plus $2.50 per lineal foot of right-of-way
involved. For work within the traveled portion of the roadway, the bond amount is $250 plus
$50 per square foot of traveled area involved. The bond is generally retained for one year after
completion of the work.
Summary of fee and bond:
FEE: $150.00 minimum + deposit to cover processing and inspection
BOND: $250.00 + $2.50/lineal foot of right-of-way (for work outside traveled way)
$250.00 + $50.00/square foot of road area (for work inside traveled way)
2. COMPLIANCE AGREEMENT (CAP):
This permit covers more extensive work such as main utility line extensions, street
improvements, etc. In subdivisions, this type of permit also covers all grading and private
utility work. Plans prepared by a registered professional engineer must be submitted for
review and approval. The cost of this permit is calculated from the table below and is based on
the design engineer's estimate. The permittee will also be required to post a performance
ENGINEERING DEPARTMENT PAGE 13
PUBLIC IMPROVEMENT FEES
bond, or other such suitable security, and execute a Developer/Engineer Agreement which will
obligate the design engineer to perform the primary inspection of the public improvement
construction work.
Prior to City acceptance of any permitted work, and prior to release of work assurance bond(s),
the work shall be deemed complete and satisfactory by the City in writing. The permittee is
responsible for the work until such time written City acceptance of the work is posted.
Estimated Cost of Public Improvement Deposit
$0 to $10,000 $1,200
$10,001 to $20,000 $1,200+10.0% OVER $10,000
$20,001 to $50,000 $2,200 + 8.0% OVER $20,000
$50,001 to $80,000 $4,600 + 6.00/o OVER $50,000
$80,001 to $100,000 $6,400 + 4.0% OVER $80,000
$100,001 to $300,000 $7,200+ 2.0% OVER $100,000
$300,001 to $500,000 $11,200 1.0% OVER $300,000
$500,001 to AND UP $13,200 + 0.5% OVER $500,000
Deposit to be paid as follows:
1. Upon submittal of Engineering Plans One-third (1/3) of deposit due
2. Upon issuance of Permit/Approved Plans Remaining balance of deposit due
3. Upon Project Completion Refund or final payment of any deficit
(NOTE. In addition to the administration deposit, assurance for the public improvement is
required in the amount of 100% of estimated public improvement cost)
3. ADDRESS ASSIGNMENTS.
The City is responsible for assigning address numbers and approving street names within
the Urban Service Area. The work associated with this task includes preparation of an
address map for the parcel or proiect, input of address data into the City's parcel data base,
coordination with Washington County Surveyinz Office, mailing of new address information
to utility companies, Postal Service and emergency services, and update o the City's main
address map. The fee associated with this service is SS 30.00 per address.
\engfee2.wc
~eng€ee.we
ENGINEERING DEPARTMENT PAGE 2?
PUBLIC IMPROVEMENT FEES
AGENDA ITEM #
FOR AGENDA OF October 13. 1998
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE A Resolution Establishing a Neighborhood Sewer Reimbursement District Incentive
Program
PREPARED BY: A. Wuenas DEPT HEAD OK 0--f P---' CITY MGR OK
ISSUE BEFORE THE COUNCIL
Shall Council establish the proposed Neighborhood Sewer Reimbursement District Incentive Program?
STAFF RECOMMENDATION
That Council establish the Program by adopting the attached proposed resolution.
INFORMATION SUMMARY
The Neighborhood Sewer Extension Program is intended to extend public sewers into residential areas by
establishing reimbursement districts that require owners to pay a fee in return for service. The fee is intended to
recover the entire cost of the construction required to provide the service. To provide an incentive for owners to
participate in sewer reimbursement districts, the proposed resolution would limit the fee paid by each owner to
$8,000 as long as the cost per connection does not exceed $15,000. The owner would remain responsible for
other costs such as the cost of any required plumbing and a connection fee. The resolution would apply to
sewer connections provided through sewer reimbursement districts established by October 12, 2000. To take
advantage of the program, an owner would have to be connected to the sewer within one year after Council
approves the final City Engineer's Report for the reimbursement district.
OTHER ALTERNATIVES CONSIDERED
FISCAL NOTES
Funding is by unrestricted sanitary sewer funds.
i.%01ywld8%3UMVoim-r doc
r
A '
AGENDA ITEM #
FOR AGENDA OF _ October 13, 1998
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Status RMo t on City of Tigard Volunteer Program
PREPARED BY: Susan Koepping~ IN Y DEPT HEAD OK CITY MGR OK - 14 ISSUE BEFORE THE COUNCIL
To provide current information regarding the City of Tigard Volunteer Program
STAFF RECOMMENDATION
No action required
INFORMATION SUMMARY
A Volunteer Coordinator was hired on April 15, 1998 to implement council goal 91: "To maximize
opportunities for citizens to participate and contribute through an effective volunteer program". In addition,
enhancing existing volunteer services and expanding citizen involvement was identified as a goal in the
"Community Character and Quality of Life" target area in the Tigard Beyond Tomorrow vision.
Attached are statistics, which reflect the first 5 months of the enhanced volunteer program. Staff will highlight
statistics in a presentation before the council.
OTHER ALTERNATIVES CONSIDERED
None
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Goal #1, Strategy #1: Community Character and Quality of Life
To enhance and expand existing volunteer involvement in the Tigard community
FISCAL NOTES
The expenses of this program are included in the Administration Department budget for this fiscal year.
I:IADMIS USANKICNCILSUM. DOC
October 5, 1998
Activity and Status Report regarding the City of Tigard Volunteer program
NOTE: The information provided here is exclusive of activities in the Tigard Library Volunteer
program which continues to be under the able direction of Jean Lindsey.
Initial emphasis
Identifying the scope of the existing volunteer program within the City of Tigard.
Procedures and tools used for recruitment, intake and task assignment, tracking
participation and evaluation of performance
Which departments were actively using volunteers and which staff members were
involved.
Why other departments weren't using volunteers
Compliance with union requirements, workers compensation documentation,
City of Tigard Policies, State of Oregon and Federal regulations
Implementing consistent procedures and tools for recruitment, intake, etc. as above
Identifying other volunteer programs within the community
New employee orientation for the volunteer coordinator as a new employee
Existing volunteer activities in April, 1998
Community Development Division
Planning Commission
Building Appeals Board
North Dakota Street Task Force
Finance Division
Budget Committee
Administrative Division
CIT Facilitators
Special Events (i.e. Balloon Festival)
Police Department
Citizens on Patrol
Neighborhood Speed Watch
SMART Trailer transportation
Police Reserve
Clerical
Public Works
Adopt-A-Path
Some community groups work closely with City of Tigard staff but are not officially City of
Tigard volunteers, i.e. Friends of Fanno Creek, Tualatin Riverkeepers
t•
Status of the Volunteer Program as of August 30, 1998
Number of volunteers who have been active at some time 4/1/98 - 8/30/98. 278
Documented volunteer hours 4/1/98 - 8/30/98 39646
Since April 15, 1998 new volunteers have been placed in the following departments:
Administration
Community Development
Engineering
Human Resources
Finance (Utility Billing)
Court
Records
Public Works (Parks, Storm Drain, Streets)
New Volunteer Projects and activities
Adopt-A-Street
1 neighborhood association (part of 135th)
1 business (North Dakota)
2 families (150'' and part of Walnut)
1 group of families (part of Durham)
2 inquiries pending
Storm Drain Stenciling (Summercreek area)
Survey Assistant in Engineering
Clerical in Engineering
Newspaper Clipping Service
Photographer
Expenses to date (August 30, 1998)
Data base design, installation, training $765.00
Namebadge stock & holders 32.00
Paper for brochures 14.00
Birthday cards for recognition 70.00
Misc. office supplies 100.00
Total $981.00
Media for volunteer recruitment and activities
Tigard Times Cityscape
Oregonian SW Neighborhood Section City of Tigard website
Oregonian Volunteer Recruitment weekly column Project Brochures
Brochures for specific programs Announcements in City Hall lobby
i~
Integration of the Volunteer Coordinator into COT staffing
Knowledge of the City of Tigard organization and Tigard as a community is helping to shape the
final design and scope of the Volunteer Program. During the first 5 months, many formal and
informal orientation activities have occurred, as would be the case with any new employee. The
position continues to be refined as the volunteer program takes shape. Some time is given to the
activities of any employee, i.e. attending employee events and sitting on employee committees
such as that for the employee holiday event. Other than that, all activities are in some way
related to volunteers.
AGENDA ITEM (-t.
FOR AGENDA OF 10/13/98
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Park Property Activity Status Report
PREPARED BY: Duane Roberts DEPT HEAD OK CITY MGR OK L/lf
ISSUE BEFORE THE COUNCIL
This is an informational update on the status of city parkland acquisitions. No Council action is necessary.
STAFF RECOMMENDATION
Review information and ask questions for clarification, if necessary.
INFORMATION SUMMARY
During the last several months the city has initiated several park-related property transactions. These have
included the purchase of three natural area properties using city Greenspace local share funds. The city also has
accepted or is in the process of accepting the donation of three other properties and three trail rights-of-way.
Three more properties have been or are in the process of being purchased using Park SDC funds.
OTHER ALTERNATIVES CONSIDERED
NA
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
The Action Plan for implementing Community Character Goal #1 calls for "developing a list of methods for
dedication or acquisition of open space". The Action Plan for Growth Management Goal #1 calls for protecting
natural areas from the impacts of increased growth.
FISCAL NOTES
Counting due diligence costs, such as property and environmental appraisals, the city has spent approximately
$530,000 of its Greenspaces local share entitlement, leaving approximately $220,000 in unspent funds. Forty-five
thousand dollars of this amount is committed to the Tualatin River bridge design/development. Park and natural
area valued at one to two million dollars has been (or soon will be) donated to or placed under the control of the
city.
i Acitywide\sum\prop.doc
CITY OF TIGARD
Community Development
ShapingA Better Community
MEMORANDUM
CITY OF TIGARD
TO: City Council
FROM: Jim Hendryx
DATE: 9/15/98
SUBJECT: Status Report on Greenspaces and other Park Properties
Greenspaces
The termination date for the Metro/City Greenspaces IGA officially has been extended to
December 31, 1999, from September 1, 1998. The agreement provides for the pass-through to
Tigard of $758,000 in local share Greenspace funds.
As reported previously, thus far the Fern Street ($125,000), Tualatin Country Club ($25,000), and
Cache properties ($344,000) have been acquired using city local share funds. An additional eight
acres of natural area, adjacent to the Cache Greenspace and to city water district holdings, has
been purchased by Washington County with its local share Greenspaces allocation and deeded to
the city.
Ten thousand dollars of city Greenspaces funds was allocated for professional negotiation
services. About half this amount has been spent to date.
Two remaining Greenspaces projects identified by the City include partnering with the City of
Tualatin on the design/development of a Tualatin River pedestrian bridge and the acquisition of
greenway along Fanno Creek. So far, the city has spent $5,000 of the $50,000 set aside for the
bridge project. This amount was used to fund half the cost of a study of the feasibility of attaching
a pedestrian bridge to the existing railroad trestle. The study concluded such a scheme indeed is
feasible.
Greenspace acquisition activities along Fanno Creek have focused on acquiring creekside land
situated between Tiedeman and Pacific Highway. A second city-identified Fanno Creek corridor
target area extends from Hall to Durham. These same two areas also are designated as target
areas for regional bond measure dollars. So far, $430,000 in regional funds has been used to
acquire six plus acres of pastureland abutting the northern edge of Woodard Park. Metro
negotiations on other creekside properties within Tigard currently are in progress
Local efforts to acquire creekside land using Greenspaces dollars have been directed toward
properties within the proposed route of the recreational trail between Tiedeman and Pacific
Highway. This includes three privately owned properties.
Negotiations with the owners of these three are on going. The owner of one property verbally has
agreed to give the City the land needed for the trail, plus an additional one acre of floodplain, if the
city will provide landscaping along a recently constructed flood control berm. To this end, the city
has hired a landscape architect to develop a planting scheme and construction documents. The
owners of a second corridor property have expressed interest in a similar arrangement, i.e.,
landscaping in exchange for right-of-way or title.
Until recently, the third property was tied-up by a developer while he completed a subdivision
feasibility study. After a months long process of survey, floodplain delineation, and of design and
redesign, the study determined that a fewer than anticipated number of lots could be carved out of
the site. While the feasibility study was underway, the developer verbally had agreed to provide
an easement for the trail, once he received title to the property. However, after completion of the
study, the owner and developer were unable to come to terms and the property again was placed
on the market. The sale of the property to another party closed in August. Staff is attempting to
establish contact with this new party.
Downtown Tigard CIP Trail Project
In addition to the A-Boy property, the route of the proposed trail between Main and Ash passes
through three other properties. These include the Stevens Marine, Miller Paint Store, and Pacific
Paint Store properties.
Stevens Marine:
Some months ago, Stevens Marine provided a trail easement at no charge. The fully executed
easement document is recorded with Washington County.
Sorg:
The Sorg property is held in a Wells Fargo Trust. The trust office is located in California. The
trust administrator currently is formulating a response to a long-standing city offer on a creekside
right-of-way easement. The response presumably will take into major consideration the results of
an independent, site-specific appraisal prepared for the bank by a local firm. The appraisal firm is
one frequently used by the city itself. A written response from the bank to the city's offer is
anticipated any day.
Pacific Paint Store:
The owner has promised to forward by mid-September a letter from his attorney laying out terms
for granting a trail easement. Negotiations have focused on issues related to value of the land,
potential trespass by trail users, and indemnification for trail-related property damage.
Other Properties:
Powerline Right-of-Way:
The city has received a favorable response from PGE to a written request for future trail access
within its fee-owned, 125-foot wide right-of-way running between Barrows and Bull Mountain
Roads. BPA earlier denied a similar request for a trail easement within BPA-owned property
running parallel to the PGE corridor between the same two points, a distance of approximately
5,000 lineal feet.
Saunders:
In August, this eight-acre forest property formally was donated to the Nature Conservancy, with a
side letter requesting the non-profit agency convey the land to the City of Tigard. The 'property is
protected by deed from future development. The property connects with the city's Cache Creek
Park.
USA Property
A completed lot line adjustment application, attaching the property to Cook Park, was submitted to
Current Planning the week of September 6th. As an administrative review, the normal processing
time for this type application is three to four weeks. The city attorney's office has reviewed and
approved USA's draft purchase and sale agreement, subject to a minor wording change.
According to USA officials, the finalized agreement will be forwarded for city signatures early next
week. Council review and approval tentatively is set for October 13th. The last steps needed to
wrap up this transaction include USA board approval (set for 10/23/98), title company closing
(11/15/98), and money transfer.
Albertson's Donation
The processing of this parkland donation is proceeding. Albertson's Boise headquarters is
handling the transaction on the company's side. So far, the city has completed a standard level-
one environmental assessment of the land. The assessment found no evidence of contamination.
A city survey related to the lot line adjustment, which moves the property line to the top of the
slope, has been completed and forwarded to Boise. It currently is being reviewed by Albertson's
Design and Construction Department to confirm the legal descriptions are correct and acceptable.
The lot line adjustment will be processed as soon as Albertson's completes its review and returns
the signed application form. The next steps involved in this transaction are completion of the lot
line adjustment followed by execution of the dedication agreement.
Summary
Several park-related property transactions have been completed during the past several months.
Several other transactions are underway. Among these active transactions, most are moving
forward.
According to the Engineering Department, the start of construction of the four remaining trail
projects included in the 98/99 Capital Improvement Plan will be phased over the period April to
June. Staff and the city consultant will continue to work with the owners of needed right-of-way in
order to achieve fair and reasonable agreements within the timeline laid out for implementation of
these projects.
I/Irpn/dr/statusll.dx
•
City of Tigard
PARK SYSTEM MASTER PLAN
Project Update before the City Council
October 13, 1998
Prepared by:
MIG, Inc.
199 East 5'h Avenue, Suite 33
Eugene, Oregon 97401
(541) 683-3193
City of Tigard City Council Meeting
Park System Master Plan October 13, 1998
"IZen ou don't know where you aregoing you
w1d up somewhere else. "
Anonymous-
TIGARD'S PARK SYSTEM
MASTER PLAN WILL:
Identify the benefits most valued by residents;
■ Identify community needs;
■ Develop a plan to deliver these benefits;
® Measure outcomes;
■ Provide for ongoing community participation.
City of Tigard City Council Meeting
Park System Master Plan October 13,1998 .
Parks and recreation are essential to
community livability.
BENEFITS OF PARKS AND RECREATION
Personal
e Community
■ Environmental
Economic
• City of Tigard
City Council Meeting
Park System Master Plan October 13, 1998
TASKS COMPLETED TO DATE
o Issue Scoping Interviews
■ Mail-out Survey
■ Planning Commission/Task Force Workshop
■ Community Workshop
® Maintenance Staff Workshop
■ Youth Involvement Program
■ Facility Evaluation
■ Maintenance Assessment
■ Woodard Park Concept Design
■ Tour of Potential Park Sites
The City of Tigard should improve parks and
recreation planning techniques to respond to
growing community demand for services.
City of Tigard City Council Meeting
Park System Master Plan October 13,1998
BENEFITS OF PARKS AND RECREATION
o Foster child and youth development
■ Provide parks and open space as relief from
urban development
■ Meet the recreation needs of residents of all ages
through accessible facilities and opportunities
o Provide access to the natural environment
■ Build a sense of cornmanity
Source : In t e r o a ws/ Wo rks h o p s /S u r vey
CURRENT PARK SYSTEM
• Most use is focused on Cook Park
• About 80% of residents use Cook Park frequently
or infrequently
• In contrast, Jack Park is used by about S% of
residents
■ Summerlake Park is used by about SO% of residents
• Fanno Creek Park is used by about 30% of residents
■ About 2S% to SO% of residents do not know where
parks are located
Source: Survey
City of Tigard City Council Meeting
Park System Master Plan October 13, 1998
MATOR FACILITY ISSUES
® Lack of ADA accessibility
o Frequent flood damage
■ Drainage problems
® Safety hazards in children's play areas
■ Lack of park access by public transportation
■ Cook Park needs renovation as the central focus
of your city
■ Underutilized neighborhood parks
Source: Park Facility Evaluation Summary
MOST POPULAR RECREATION
ACTIVITIES IN TIGARD
Walking/hiking ..............77%
■ Picnic/barbecue .............45%
■ Children's play ..............43%
■ Bicycling .....................40%
■ Hanging out/relaxing .......40%
■ Wildlife viewing .............35%
Dogwalking ..................24%
Football/soccer ..............23% g/%
Source. Survey
City of Tigard City Council Meeting
Park System Master Plan October 13, 1998
HIGHEST PRIORITY RECREATION
FACILITY IMPROVEMENTS
■ Walking/running trails ...............2 3%
Children's play areas ................18%
■ Swimming pool .....................16%
■ Outdoor concert area .................8%
o Off leash dog park .....................8%
■ Community gardens ..................7%
o Rollerblade/skateboard facility 7%
Source: Survey
PLANNING PRIORITIES
FOR THE NEXT 5 YEARS
■ Neighborhood parks .........................26%
• Indoor facilities ..............................23%
a Acquire/protect natural areas
& stream corridors ...........................18%
■ Natural areas to balance development 11 %
■ Improve existing parks .........................8%
■ Community parks ..............................7%
Source: Survey o
' City of Tigard
City Council Meeting
Park System Master Plan October 13,1998
OTHER FREQUENTLY REQUESTED
IMPROVEMENTS
■ Linked, continuous trails
Play areas for children under 5
• Ballhelds and sports facilities
■ Improve Cook Park
" Natural areas
s Natural landscaping to reduce maintenance
■ Trees and landscaping
Source: Workshops/Internews ~
LOWEST PRIORITIES
® Community parks ..............3 5%
® Indoor facilities ................35%
Source. Survey '
City of Tigard City Council Meeting
Park System Master Plan October 13, 1998
RECREATION PROGRAMS
■ The City of Tigard does not provide recreation
programs
■ Programs are provided by the school district and
non-profit organizations
' About 7 5 % of residents want more recreation
programs
Source: Survey/Workshops4ntemews
EXPANDING RECREATION PROGRAMS
To expand programs, residents suggest:
• Join the Tualatin Hills
Park & Recreation District 48%
• No change -
City is not responsible 20%
• Provide the greatest level of
service at the lowest cost 20%
• Form a new district ................7%
• City should provide programs......7% o
Source: Survey
City of Tigard City Council Meeting
Park System Master Plan October 13, 1998
PARK MAINTENANCE
■ Park maintenance is excellent, given the available
resources
v Staff is supplemented by seasonal staff, prison labor,
and volunteers
• ■ Volunteers donate 2,800 hours annually to parks
• Boy Scouts, environmental groups, etc.
m Supervision of volunteers needs to be addressed
■ More staff is needed to keep up with current and
future demand
Source: Staff Workshop/Survey/FacilityEvaluation
MANAGEMENT
■ Increase public information about recreation
opportunities
a Increase public involvement
® Provide a Master Plan to guide decision-making
■ Promote adopt-a-park programs
■ Foster increased cooperation with the school
district
Source: Workshops/Interviews
City of Tigard City Council Meeting
Park System Master Plan October 13, 1998
FUNDING
■ A variety of funding mechanisms are supported
■ 60% - 80% of residents support funding a broad
range of park improvements, recreation programs
and park maintenance through a property tax
assessment
■ About 70% would pay about $96/year per average
home
■ Two sources most highly supported:
• Business partnerships/sponsorships
• Expanded cooperation with schools t
Source: Survey/Workshops4nter- ews
YOUTH INVOLVEMENT
■ "My Dream Park" exercise completed by
elementary school students
■ Questionnaires and Comment Sheets completed
by
214 High School Students
24 Elementary School Students
24 Middle School Students
■ Teachers led discussions of 6 groups of Middle
School Student
City of Tigard City Council Meeting
Park System Master Plan October 13, 1998
PARK ELEMENTS MOST VALUED
BY YOUTH
■ Natural features - forests, wildlife (by High
School and Middle School students)
■ Play areas (by Middle School and Elementary
School students)
■ Trails
Source: Youth Questionnaires and Comment Sheets
4No
ADDITIONAL FACILITIES
REQUESTED BY YOUTH
• Indoor recreation center
■ Basketball courts
■ Playgrounds
e Aquatic facilities
■ Trail connections between neighborhoods and
parks
Source: Youth Questionnaires and Comment Sheets
City of Tigard
Park System Master Plan
2
Master Plan Process
Inventory Existing Conditions Identify Community Needs Develop Draft Recommendations Develop the Master Plan
Park and Open Space System Assessment Interviews with Community Leaders Facilities Priority Improvements
Recreation Resources Assessment Community Survey Maintenance l0-Year Capital Improvement Plan
Maintenance and Management Assessment Community Workshops Management Funding Strategies
Youth Involvement
Park Master Plan Task Force Meetings
Opportunities to Get Involved
Community Workshop #1 Community Survey Youth Involvement Woodard Park Master Plan Task Force / Community Workshop City Council Presentation
Community Workshops Planning Commission
Meetings
Create a Vision Create a Plan for Woodard Review the Draft Master
Park Plan
Attend this first workshop Watch your mailbox-7000 Students at Elementary Help define goals for A Master Plan Task Force Review and comment on The draft Master Plan will
and learn about the Master residents will be chosen at Schools, Middle Schools modifications to Woodard will work with the Planning Master Plan be presented to the Tigard
Plan. Tell us what you value random to respond to a and the High School will be Park and the adjacent Commission providing in- recommendations including City Council for approval.
most about parks, recreation, Community Survey as part asked to participate in publicly-owned land. depth review of Master Plan priority imiprovements to The public is encouraged to
and open space in Tigard. of the Master Plan process. discussions, and complete Winter 1998 recommendations. Members existing facilities, attend this session.
Help refine community Your response will ensure questionnaires and comment will represent a variety of maintenance and Winter 1998
goals and identify needs for that the Master Plan reflects sheets, about park and Review and comment upon a community interests. These management of parks,
facilities, programs and community needs for parks, recreation facilities in preliminary design for meetings are open to the acquisition of land for open
maintenance recreation facilities and open Tigard. Woodard Park. public. space and future parks, and
IVinter 1998 space. Other issues such as Spring 1998 Spring 1998 Winter-Fall 1998 recreation program
maintenance and funding development.
strategies will also be Review and comment on the November 5, 1998
addressed. proposed Schematic Plan.
Winter 1998 Summer 1998
AGENDA ITEM #
FOR AGENDA OF 10/13/98
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE USA/City Purchase and Sale Agreement
PREPARED BY: Duane Roberts DEPT HEAD OK 1,41" CITY MGR OK
ISSUE BEFORE THE COUNCIL
Should the City enter into an agreement with USA for the purchase of 6.8 acres of property located along the
eastern edge of Cook Park (see map attached)?
STAFF RECOMMENDATION
Authorize the Mayor to sign the agreement as written.
INFORMATION SUMMARY
The Cook Park Master Plan approved by Council last year envisions the future expansion of the park onto 6.8
acres of the former Thomas Dairy property. The proposed uses for this site include a picnic area, wetland
viewpoint, and large meadow. USA previously conducted an environmental assessment that covered the entire
dairy property. The assessment revealed no environmental concerns associated with the acreage under
consideration here. The City Attorney has reviewed and approved the purchase agreement as to form. The
agreement includes no special or unusual conditions. Copies of the full agreement are available in the City
Recorder's office.
OTHER ALTERNATIVES CONSIDERED
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
The Action Plan for implementing Community Character Goal #1 calls for "developing a list of methods for
dedication or acquisition of open space".
FISCAL NOTES
The purchase price is $86,332 or $12,696 per acre. This price is based on USA's original 1996 per acre
acquisition and due diligence costs for the purchase of the lower or floodplain portion of the Thomas Dairy
property. It also includes a land value inflation factor plus the costs associated with the agency's processing of
the current transaction. The Park System Development Fund is the funding source.
i:kitywide\sum.usa
i
SE 1/4 OF SECTION 14 T2S R1W WM
86 1
/CR
E
Cook Park
Addition
Park
Trail right-of-way
Donation
Country Club County Club
(.7~"1 n 0..i ~J
PURCHASE AND SALE AGREEMENT )
AND JOINT ESCROW INSTRUCTIONS
THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW
tt~'ly~ ~P
INSTRUCTIONS ("Agreement") is entered into as of October , 1998 (the "Effective
Date"), between UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY, OREGON
("Seller") and the CITY OF TIGARD, an Oregon municipal corporation ("Purchaser").
RECITALS
A. Seller is the owner of approximately 6.86 acres of property located in Washington
County, Oregon, adjacent to Cook Park in the city of Tigard, which is part of property formerly
known as the "Thomas Dairy", and more particularly described in Exhibit "A" attached hereto
and incorporated herein by reference (the "Property").
B. Purchaser desires to purchase from Seller and Seller desires to sell to Purchaser,
the Property.
C. It is the intention of the parties to set forth in this Agreement the terms and
conditions of the sale and purchase of the Property.
D. These recitals are contractual in nature and shall be construed to give full effect to
the provisions of this Agreement.
Page 1 - Purchase and Sale Agreement and Joint Escrow Instructions
AGREEMENT
In consideration of the mutual promises set forth in this Agreement, the parties agree as
follows:
1. Agreement. Seller agrees to sell to Purchaser, and Purchaser agrees to purchase
from Seller, the Property upon the terms and conditions set forth in this Agreement.
2. Purchase Price. The purchase price (the "Purchase Price") to be paid by
Purchaser to Seller for the Property is $86,332.00. The Purchase Price shall be payable in cash
or other readily available funds through escrow at the Closing (as defined below).
3. Payment of Purchase Price. On or before the Closing Date, Purchaser shall
deposit into an escrow account the Purchase Price either in cash, wire transfer of funds, certified
check or cashier's check.
4. Escrow.
4.1 Opening of Escrow. With the deposit by the Purchaser of $8,633.20
(10% of the Purchase Price) ("Earnest Money") escrow has been opened for consummating this
transaction. Upon execution of this Agreement, the parties shall deliver a copy of this fully
executed Agreement to Oregon Title Insurance Company, 10220 SW Greenburg Road, Tigard,
Oregon 97223 (the "Escrow Agent"). Seller and Purchaser hereby authorize Escrow Agent to
take necessary steps for the closing of this transaction pursuant to the terms of this Agreement.
Further, Seller and Purchaser hereby authorize their respective attorneys to execute and deliver
into escrow any additional instructions consistent with this Agreement as may be necessary or
convenient to implement the terms of this Agreement and to close this transaction.
Page 2 - Purchase and Sale Agreement and Joint Escrow Instructions
4.2 Cancellation Fee and Expenses. In the event this escrow terminates
because of the non-satisfaction of any condition set forth in Section 5 of this Agreement, any
cancellation charges required to be paid to Escrow Agent shall be borne equally by Seller and
Purchaser. In the event this escrow terminates because of Purchaser's default, the cancellation
charges required to be paid to Escrow Agent shall be borne by Purchaser. In the event this
escrow terminates because of Seller's default, the cancellation charges required to be paid to
Escrow Agent shall be borne by Seller.
4.3 Closing Date. This transaction shall close on or before October 30,
1998 ("Closing Date").
5. Conditions Precedent to Purchaser's Obligation to Close. Purchaser's obligation
to close the transaction described in this Agreement is expressly contingent on satisfaction or
waiver by Purchaser of all of the following conditions precedent set forth in this section.
5.1 Purchaser's Inspection Period. Concurrently with execution of this
Agreement, Seller has furnished to Purchaser copies of all environmental audit reports,
engineering documents, surveys, exhibits, permits, leases and all other documents concerning the
Property that are in Seller's possession or reasonably accessible to Seller. Purchaser shall have
until the Closing Date, to conduct a review and investigation of any and all matters pertaining to
this Agreement and the condition of the Property (the "Inspection Period"). Purchaser and its
agents shall have the right to enter the Property at reasonable times during the Inspection Period
to perform such environmental, geological and other site tests, inspections,'studies and other
investigations ("Inspections") of the Property as purchaser deems necessary, at Purchaser's sole
risk and expense. Purchaser shall indemnify and hold Seller harmless from any loss, damage or
claim arising out of Purchaser's or Purchaser's agents entry on the Property for the purpose of
Page 3 - Purchase and Sale Agreement and Joint Escrow Instructions
making such Inspections, which obligation to indemnify shall survive any termination of this
Agreement. Purchaser may terminate this Agreement for any reason by notifying Seller of such
termination in writing within ten (10) days from the last day of the Inspection Period. In the
event the transaction does not close, and the failure to close the transaction was not a result of a
default of Seller, Purchaser shall convey all of its right, title and interest in and to any appraisal
or environmental assessments with respect to this Property, or any other studies with respect to
the Property that it has obtained, to Seller.
5.2 Creation of Legal Parcel. The property must be confirmed or established
as a legal parcel not later than ten (10) days prior to the Closing Date. Seller will cooperate
fully with Purchaser in obtaining necessary annexations and approvals. However, Purchaser is
responsible for all costs associated with partitioning and/or annexing the Property in accordance
with all applicable laws. Purchaser shall pay all liens or sums of money that Seller may become
obligated to pay as a result of Purchaser's activities on the Property.
5.3 Approval of Title by Purchaser.
5.3.1 Preliminary Title Report. Within five (5) days of the Effective
Date of this Agreement, Seller, at Seller's expense, shall cause the Escrow Agent to issue to the
Purchaser a preliminary title report on the Property prepared by the Escrow Agent, describing the
Property, listing the Purchaser or the Purchaser's designee as the prospective named insured, and
showing as the policy amount the total Purchase Price, together with copies of any financing
statements filed against the Property and true, correct and legible copies of all instruments
referred to in such Preliminary Title Report as conditions or exceptions to title to the Property,
including liens.
Page 4 - Purchase and Sale Agreement and Joint Escrow Instructions
5.3.2 Title Objections.
5.3.2.1 Notice to Seller. In the event the Preliminary Title Report
should show any exceptions other than the Permitted Exceptions (defined below), Purchaser
shall have ten (10) days from the date it receives the Preliminary Title Report to disapprove the
exception(s) in Purchaser's sole discretion by written notice of disapproval to Seller. Failure of
Purchaser to disapprove of any exception within such time shall be deemed an approval.
5.3.2.2 Seller's Removal of Exceptions. In the event Purchaser
shall disapprove any exceptions to title, Seller, within five (5) days of receipt of written notice of
disapproval by Purchaser, shall notify Purchaser in writing of those disapproved exceptions that
Seller agrees to remove, or will not remove, prior to the Closing.
5.3.2.3 Purchaser's Remedies. In the event Purchaser does not
approve the exceptions and Seller is unable or unwilling to remove the same with the exercise of
due diligence prior to Closing, the Purchaser may, in Purchaser's sole discretion, (i) suspend
performance of its obligations under this Agreement at no cost to Purchaser and extend the
Closing Date until the exceptions that Seller has notified Purchaser will be removed in fact have
been removed; or (ii) terminate this Agreement, in which event all the rights and obligations of
the parties under this Agreement shall be null and void; or (iii) agree to close this transaction
subject to all unremoved exceptions. In no event shall Seller be required to remove or to
reimburse Purchaser for the removal of any lien or other exception to title created by Purchaser's
activities with respect to the Property.
Page 5 - Purchase and Sale Agreement and Joint Escrow Instructions
5.3.3 Permitted Exceptions. As used herein, the term "Permitted
Exceptions" means:
5.3.3.1 The standard printed exceptions contained in the
Preliminary Title Report of only zoning ordinances, building and use restrictions, reservations
and federal patents, water rights and utility easements of record.
5.3.3.2 The standard printed exceptions for encroachments,
easements, overlaps, boundary line disputes, and any matters which would be disclosed by an
accurate survey and inspection of the premises to the extent allowed by applicable rules and
regulations unless Purchaser obtains a survey of the Property and Purchaser obtains the right to
object to any exceptions that would be disclosed by an accurate survey. Seller shall furnish to
Purchaser at no cost any surveys of the Property in Seller's possession or which Seller could
obtain from surveyors that Seller has previously retained to survey the subject Property.
5.3.3.3 The standard exception as to the lien for taxes and
assessments, limited to the period during which Closing is scheduled to occur for which said
taxes are not yet due and payable and any proceedings that may result in taxes or assessments
whether or not of record.
5.3.3.4 Any exception contained in the Preliminary Title Report
that has been approved by Purchaser.
5.3.3.5 Any statutory or other liens or encumbrances created by
Purchaser, including any from Purchaser to Seller.
5.4 Failure of Conditions Precedent. In the event of a failure of any condition
precedent to Purchaser's obligation, or if Purchaser has timely terminated this Agreement
Page 6 - Purchase and Sale Agreement and Joint Escrow Instructions
pursuant to Sections 5.1, 5.2 or 5.3, the escrow and the rights and obligations of Purchaser and
Seller under this Agreement shall terminate.
6. Seller's Warranties.
6.1 Marketable Title. Seller warrants good and marketable title, good right to
convey, quiet possession and further warrants that no work, labor or materials have been
expended, bestowed or placed upon the Property, adjacent thereto or within any existing or
proposed assessment district which will remain unpaid at close of escrow or upon which a lien
may be filed at close of escrow.
6.2 Parties in Possession. Seller warrants that as of the close of escrow there
will be no parties or trespassers in possession of any of the Property, and there will be no rental
agreements or leases affecting the Property.
6.3 Authority of Seller. Seller warrants that it has the authority to execute this
Agreement, to enter into the escrow contemplated herein, to perform all of its obligations
hereunder, and that the party executing this Agreement on behalf of Seller has been fully
authorized by appropriate resolution to bind Seller to the terms and provisions hereof.
6.4 No Option to Acquire Premises. Seller represents that no person or entity
has any right of first relssal or option to acquire any interest in the property or any part thereof.
6.5 Environmental Warranty. To the best of Seller's knowledge the Property
is materially in compliance with applicable state and federal environmental standards and
requirements. The Seller has not received any notices of violation or advisory action by any
regulatory agency regarding environmental control matters or permit compliance with respect to
the Property. There are no proceedings, governmental administrative actions or judicial
proceedings pending, or, to the best of Seller's knowledge contemplated under any federal, state
Page 7 - Purchase and Sale Agreement and Joint Escrow Instructions
or local laws regulating the discharge of hazardous or toxic materials or substances into the
environment and affecting the Property. To the best of Seller's knowledge Seller and its Lessees
have not, during Seller's ownership of the Property, produced, disposed of or stored hazardous
materials on the Property. As used herein "hazardous materials" means any substance the
production, storage, discharge or presence of which is regulated by any federal, state or local law
relating to the protection of the environment or public health. Two underground storage tanks
("USTs"), one for gasoline and one for hearing oil, and one above-ground tank for storage of
diesel fuel are located on the developed, northern portion of the former Thomas Dairy property.
Seller is responsible for clean up of the petroleum tanks including any contaminated soil.
7. Closing.
7.1 Closiniz. The closing ("Closing") of the sale of the Property by Seller to
Purchaser shall occur in escrow in the offices of the Escrow Agent on or before the Closing Date
set out in section 4.3 of this Agreement. The transaction contemplated in this Agreement is
"closed" when the Deed (as defined below) to be delivered by Seller is recorded, all other
documents required by this Agreement are executed and delivered, and the Purchase Price is paid
through escrow to Seller as provided in this Agreement.
7.2 Deliveries to Escrow Agent. In connection with the Closing, the
following shall occur, and the performance or tender of performance of all matters set forth in
this Section 7.2 shall be mutually concurrent conditions:
7.2.1 Seller's Deliveries. On or before the Closing Date, Seller, at its
sole cost and expense, shall deliver the following into escrow:
Page 8 - Purchase and Sale Agreement and Joint Escrow Instructions
W Statutory Warranty Deed ("Deed"), fully executed and
acknowledged by Seller, conveying to Purchaser the Property free and clear of all encumbrances
other than the Permitted Exceptions;
(ii) At Closing, and at the expense of Seller, Seller shall cause
to be issued to Purchaser an ALTA standard coverage owner's title policy in the amount of the
total Purchase Price that shall insure fee simple, indefeasible title to the Property in Purchaser,
subject only to the Permitted Exceptions; provided that Purchaser shall have the right to order an
ALTA extended coverage owner's policy. Purchaser shall be responsible for and pay the
difference between the premium for the standard ALTA owner's policy and the ALTA extended
coverage owner's policy, together with all related expenses including the land survey.
(iii) Certificate executed and sworn to by Seller a) confirming
Seller's United States taxpayer identification number and (b) stating that Seller is not a "foreign
person" within the meaning of Section 1445 of the Internal Revenue Code of the United States of
America of 1986 and otherwise in compliance with § 1.1445-2T of the regulations promulgated
thereunder.
7.2.2 Purchaser's Deliveries. On or before the Closing Date, Purchaser
shall deliver the Purchase Price into escrow, receiving full credit for the Earnest Money.
7.3 Closing Costs; Prorations. Seller and Purchaser shall each pay one-half
(1/2) of all escrow fees. Seller shall pay the cost of recording the Deed and the cost of an ALTA
standard coverage owner's policy of title insurance. Purchaser shall pay the additional premium
necessary for an ALTA extended coverage owner's policy of title insurance, if Purchaser shall
desire such extended coverage, together with all other attendant costs for such extended
coverage. Ad valorem and similar taxes and assessments relating to the Property shall be
Page 9 - Purchase and Sale Agreement and Joint Escrow Instructions
prorated between Seller and Purchaser as of the Closing Date. If the actual amounts to be
prorated are not known at the Closing Date, the prorations shall be computed on the basis of the
evidence then available; when actual figures are available a cash settlement shall be made
between Seller and Purchaser. The provisions of this Section 7.3 shall survive the Closing.
7.4 Authorijy Documents. Purchaser and Seller shall, if requested by the
other party or the Escrow Agent, furnish satisfactory evidence of their authority to consummate
the sale and purchase contemplated by this Agreement.
7.5 Possession. Seller shall deliver to Purchaser possession of the Property on
the first full day after completion of the Closing in a condition suitable for immediate occupation
by Purchaser.
8. Remedies.
8.1 Seller's Remedies. If Purchaser fails or refuses to perform any of its
obligations under this Agreement for any reason other than failure of a condition precedent to
occur or termination of this Agreement pursuant to Sections 5.1, 5.2, or 5.3, then Seller may
terminate this Agreement by notifying Purchaser thereof, in which event neither party shall have
any further rights or obligations hereunder and Seller may retain the Earnest Money as liquidated
damages and as Seller's exclusive remedy.
8.2 Purchaser's Remedies. If Seller fails or refuses to perform any of its
obligations under this Agreement for any reason other than termination of this Agreement by
Purchaser, then Purchaser may either: (i) terminate this Agreement by notifying Seller thereof
and thereafter neither party hereto shall have any further rights or obligations hereunder; or (ii)
Purchaser may seek any other rights, recourses or remedies (including, without limitation,
Page 10 - Purchase and Sale Agreement and Joint Escrow Instructions
specific performance) available to Purchaser, such rights, remedies and recourses hereunder to be
cumulative, and not in exclusion of any other.
9. General Provisions.
9.1 Time. TIME IS OF THE ESSENCE of this Agreement.
9.2 Authori . The effectiveness of this Agreement is conditioned upon the
approval of both the City Council of the City of Tigard and the Board of Directors of the Unified
Sewerage Agency of Washington County. By execution hereof, the parties acknowledge that
they each have the full right, power, legal capacity and authority to enter into and perform their
respective obligations hereunder and all approvals and consents necessary in connection
herewith have been obtained.
9.3 Negation of Agency and Partnership. Any agreement by either party to
cooperate with the other in connection with any provision of this Agreement shall not be
construed as making either party an agent or partner of the other party.
9.4 Applicable law. This Agreement shall be governed by, and construed in
accordance with, the laws of the State of Oregon.
9.5 Statutory Disclaimer. THE PROPERTY DESCRIBED IN THIS
INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING
STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND
REGULATIONS, WHICH, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE
CONSTRUCTION OR SITING OF A RESIDENCE AND WHICH LIMITS LAWSUITS
AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL
ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE
Page 11 - Purchase and Sale Agreement and Joint Escrow Instructions
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED
USES AND EXISTENCE OF FIRE PROTECTION FOR STRUCTURES.
9.6 Severability. If any provision of this Agreement shall be held to be void
or invalid, the same shall not affect the remainder hereof which shall be effective as though the
void or invalid provision had not been contained herein.
9.7 Modification or Amendments. No amendment, change or modification of
this Agreement shall be valid, unless in writing and signed by all the parties hereto.
9.8 Waiver. Except as otherwise provided in this Agreement, failure of either
party at any time to require performance of any provision of this Agreement shall not limit the
party's right to enforce the provision, nor shall any waiver of any breach of any provision be a
waiver of any succeeding breach of the provision or a waiver of the provision itself or any other
provision.
9.9 Successors and Assigns. This Agreement shall inure to the benefit of, and
shall be binding upon, the parties hereto and their respective heirs, legal representatives,
successors and assigns.
9.10 Notice. All notices required or provided under this Agreement shall be in
writing. If mailed, notice shall be deemed effective forty-eight (48) hours after mailing as
certified mail, postage prepaid, directed to the other party at the address set forth below or such
other address as the party may indicate by written notice to the other as provided herein; notice
given in any other manner shall be effective upon receipt by the addressee. For purposes of
notice, the addresses of the parties shall be as follows:
Page 12 - Purchase and Sale Agreement and Joint Escrow Instructions
If to Seller, to: Unified Sewerage Agency of Washington County
Attn: Tom VanderPlaat
155 N. First Avenue, Suite 270
Hillsboro, OR 97124
If to Purchaser, to: City of Tigard
Attn: Duane Roberts
13125 SW Hall Boulevard
Tigard, OR 97223
With a Copy to: Dominic Colletta
O'Donnell Ramis Crew Corrigan & Bachrach
1727 NW Hoyt Street
Portland, OR 97209
9.11 Counterparts. This Agreement may be executed in several counterparts,
each of which shall be an original, but all of which shall constitute but one and the same
Agreement.
9.12 Captions and Headings. The captions and headings of this Agreement are
for convenience only and shall not be construed or referred to in resolving questions of
interpretation or construction.
9.13 Calculation of Time. All periods of time referred to herein shall include
Saturdays, Sundays and legal holidays in the State of Oregon, except that if the last day of any
period falls on any Saturday, Sunday or such holiday, the period shall be extended to include the
next day which is not a Saturday, Sunday or such holiday.
9.14 Commissions. Each party warrants that it has not utilized the services of
an agent, broker or finder with regard to the transaction contemplated by. this Agreement. Seller
hereby agrees to defend, indemnify and hold harmless Purchaser, and Purchaser hereby agrees to
defend, indemnify and hold harmless Seller, from and against any claim by any third parties not
Page 13 - Purchase and Sale Agreement and Joint Escrow Instructions
named herein for brokerage, commission, finder's or other fees relative to this Agreement or the
sale of the Property, and any court costs, attorney's fees or other costs or expenses arising
thereform, and alleged to be due by authorization of the indemnifying party.
9.15 Attorney Fees. If a suit, action, or other proceeding of any nature
whatsoever (including any proceeding under the U.S. Bankruptcy Code) is instituted in
connection with any controversy arising out of this Agreement or to interpret or enforce any
rights hereunder, the prevailing party shall be entitled to recover its attorneys', paralegals',
accountants', and other experts' fees and all other fees, costs, and expenses actually incurred and
reasonably necessary in connection therewith, as determined by the court at trial or on any appeal
or review, in addition to all other amounts provided by law.
9.16 Entire Agreement. This Agreement constitutes the entire agreement
between and among the parties, integrates all of the terms and conditions mentioned herein or
incidental hereto, and supersedes all negotiations or previous agreements between the parties or
their predecessors in interest with respect to all or any part of the subject matter hereof.
EXECUTED as of the Effective Date.
SELLER: PURCHASER:
Unified Sewerage Agency of Washington City of Tigard, an Oregon municipal
County corpoja
' By: By:
Print Name: t Ti
tle: e: 0 r
Duly Authorized Representative Duly Autho 'zed Representative
Page 14 - Purchase and Sale Agreement and Joint Escrow Instructions
ACCEPTANCE BY TITLE COMPANY
Oregon Title Insurance Company, by its duly authorized signature below, agrees to accept this
escrow on the terms and conditions of, and to comply with the instructions contained in, the
foregoing Agreement.
OREGON TITLE INSURANCE COMPANY
By:
Its: •
PF\lagd\Domunents\ 1039
v
Page 15 - Purchase and Sale Agreement and Joint Escrow Instructions
EXHIBIT A
LEGAL DESCRIPTION
A TRACT OF LAND SITUATED IN THE SOUTHEAST ONE-QUARTER OF
SECTION 14, TOWNSHIP 2 SOUTH, RANGE I WEST, WILLAMETTE MERIDIAN,
CITY OF TIGARD, WASHINGTON COUNTY, OREGON, DESCRIBED AS
FOLLOWS:
BEGINNING AT AN 5/8" IRON ROD WITH YELLOW PLASTIC CAP INSCRIBED
KAMPE ASSOC. INC., BEING THE NORTHEAST CORNER OF THE PROPERTY
DESCRIBED IN DEED BOOK 468 PAGE 138 OF THE WASHINGTON COUNTY
DEED RECORDS, ALSO BEING THE NORTHWEST CORNER OF PARCEL II AS
DESCRIBED IN DOCUMENT NUMBER 96080099 OF THE WASHINGTON
COUNTY DEED RECORDS; THENCE S 88° 37'46" E, ALONG THE NORTH LINE
OF DOCUMENT NUMBER 96080099 AND THE SOUTH LINE OF PARCEL 2 OF
PARTITION PLAT 93-078 AS RECORDED IN THE WASHINGTON COUNTY
RECORDS, A DISTANCE OF 514.88 FEET TO THE SOUTHEAST CORNER OF
SAID PARTITION PLAT; THENCE S 1" 35' 43" W, ALONG THE EXTENSION OF
THE EAST LINE OF SAID PARTITION PLAT, A DISTANCE OF 525.00 FEET;
THENCE S 67° 39' 13" W A DISTANCE 283.63 FEET TO THE MEAN HIGH
WATER LINE OF THE TUALATIN RIVER; THENCE ALONG THE OF MEAN
HIGH WATER LINE THE FOLLOWING FIVE COURSES; THENCE N 49° 27'18"
W, A DISTANCE OF 17.85 FEET; THENCE N 57° 14' 11" W A DISTANCE OF 43.39
FEET THENCE N640 07'23" W A DISTANCE OF 99.06 FEET; THENCE N 84° 34'
28" W A DISTANCE OF 85.39 FEET; THENCE N 82° 45'23" W A DISTANCE OF
27.12 FEET TO THE WEST LINE OF PARCEL II AS DESCRIBED IN DOCUMENT
NUMBER 96080099 OF THE WASHINGTON COUNTY DEED RECORDS;
THENCE N 01 ° 22' 18" E, ALONG THE WEST LINE OF SAID DOCUMENT, A
DISTANCE OF 555.30 FEET TO THE POINT OF BEGINNING.
CONTAINING 6.86 ACRES
i kng\johnrh\ o kpkad.do
AGENDA ITEM #
FOR AGENDA OF October 13. 1998
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Menlor Reservoir Final R ort PREPARED BY:Ed Wegner DEPT HEAD OK CITY MGR OK
ISSUE BEFORE THE COUNCIL
A presentation by Murray, Smith and Associates, Ward-Henshaw and Turbo Management on the success of the
completion of the Menlor Reservoir project.
STAFF RECOMMENDATION
Informational only, no action necessary
INFORMATION SUMMARY
The Menlor Reservoir project involved construction of a 3.5 million-gallon reservoir in the Bull Mountain
Meadows Subdivision area. The project called the final completion date of October 31, 1998. The project has
gone extremely well and we will be discussing our "Partnering Process".
OTHER ALTERNATIVES CONSIDERED
N/A
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
This is a water capital project that was not included in the Vision Task Plan, since it was previously underway.
FISCAL NOTES
This project is funded from the Water System Development Charges.
TIGARD
A6
A PARTNERSHIP COMMITTED TO ENHANCING AND PRESERVING
COMMUNITY VALUES AND LIVABILITY THROUGH CONSTRUCTION
OF A STATE- OF-THE-ART DRINKING WATER RESERVOIR
WITHIN BUDGET AND WITH MINIMUM IMPACT TO THE
NEIGHBORHOOD AND ENVIRONMENT
MENLOR RESERVOIR
3.5 MILLION GALLONS
6
WORKING TOGETHER ON AN
ADVANCED DESIGN WITH
TEAMWORK TO CREATE AN
NVIRONMENTALLY FRIENDLY
RESERVOIR
FOR YOU BY FALL OF 1998
WARD-HENSHAW
CONSTRUCI'M CO., INC.
MSA Q 1 IF[ I
Mami. ;mdh k .l"aciatm m
Eumurrs: Vlannrn
Empowering your team to achieve world-class pertoFinanee • A continuous improvement process
vision statement
City of 779ard - 3.5 MG Mentor Reservoir
A partnership committed to enhancing and
preserving community values and livability
through the construction of a state-of-the-art
drinking water reservoir, within budget, with
minimum impact to the neighborhood and
environment.
Working safely on an
Advanced design with
Teamwork to create an
Environmentally friendly
Reservoir by the fall of 1998
! elision Statement City of Tigard - 3.5 MG Menlor Reservoir.doc
L 01? 0
Empowering your team to achieve world-class performance A continuous improvement process
Communication Ground Rules
MY of Tigard - 3.5 MG Mentor ReSeMir
Open - Give and take receptive listening
• Commit to continue to move things forward
• Respect each together personally and technically
• Communicate. Talk out ideas. Keep all key players informed of
important decisions made
• Observation reports generated daily
• Strive toward win/win
• Listen and understand
® Lighten up and have fun
® No hidden agendas
• Honesty Tell the truth
• Ask questions if you don't know
• Respect people who ask questions
• Honor differences of opinion
i
• Remain positive
I '
Communication Ground Rules City of Tigard - 3.5 MG Menlor Reservoir.doc UR. B r*-
Empowering your team to achieveworld•class performance---- -A continuous improvement process
Partnering Agreements
City of Tigard - 3.5 MO Mentor Reservoir
• Timely resolve all issues
• Any new person will commit to the Partnering Agreement
• To make the project an educational, interesting and enjoyable endeavor
• Create efficiency through proper planning and advance notification - 2 week
schedule, prepared weekly
• Conduct weekly site meetings - Thursday 9:00 a.m.
• Conduct monthly project status meetings - 9z` Thursday of the month
• Actively encourage cost saving ideas while respecting a desire to make a profit
• Promote a safety program that protects public and work force
• Maintain clean project site.
• No litigation is our common goal
• Make submittal process worK effectively and efficiently
• Complete project on time
• Limit changes in key personnel
• Respect the priorities of others
• Adopt Communication Ground Rules, Vision Statement and Slogan
• Have fun during the project and have a completion event
• Keep the community informed of our progress and successes
• Work for the success of all team members
• Adopt Model A conflict resolution method with element 6 of Model B
OV4
Partnering Agreements City of Tigard - 3.5 MG Menlor Reservoir.doc
1D~r~/Rg
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Bill Monahan, City Administrator
Honorable Mayor and City Council
Intergovernmental Water Board Members
Selected Staff
FROM: Ed Wegner
DATE: October 13, 1998
SUBJECT: Menlor Reservoir Site - Progress Status Report #13
In accordance with our contract with MSA for the construction of the Menlor 3.5 million gallon
reservoir, we will receive a monthly update on the project status. Attached is the September status
report. The reports highlight progress, change orders, and the next month's activity.
If you have any questions or would like to visit the construction project, please do no hesitate to
contact me.
Thanks!
kath3k~ &stat-
r
r
r
CITY OF TIGARD
OREGON
r
1 City of Tigard, Oregon
r
3e5 MG MENLOR RESERVOIR-
Progress Status Report No. 13
Month or September, 1998
- - Muth Smi~&Asssaaates, Iac.
= iais.~sdmoe,serioao PhooeZafgolo
- - Port~od,OregagTto4 o!a aa~9oaa .
TIGARD
A46
A PARTNERSHIP COMMITTED TO ENHANCING AND PRESERVING
COMMUNITY VALUES AND LIVABILITY THROUGH CONSTRUCTION
OF A STATE-OF-THE-ART DRINKING WATER RESERVOIR
® WITHIN BUDGET AND WITH MINIMUM IMPACT TO THE
NEIGHBORHOOD AND ENVIRONMENT
MENLOR RESERVOIR
3.5 MILLION GALLONS
1
1
WORKING TOGETHER ON AN
ADVANCED DESIGN WITH
TEAMWORK TO CREATE AN
ENVIRONMENTALLY FRIENDLY
"E mm"k
\/®IR
RV5 R V E
® FOR YOU BY FALL OF 1998
WAM-NDUMW
OONInwcnm CO., Iw-
Yumy, Smilh it usaciles lnc. `
f~pueersf Plaunen
City of Tigard, Oregon
3.5 MG MENLOR RESERVOIR
PROJECT STATUS SUMMARY •
August 26, 1998 - September 25, 1998
The project's twelfth month of construction was completed on September 25, 1998. The
Contractor's current schedule indicates project completion within the current Contract time
period.
Notice to Proceed Date: September 2, 1997
Original Substantial Completion Date: July 1, 1998
Original Contract End Date: October 31, 1998
Time Extensions in Calendar Days: 0 0
Current Substantial Completion Date: July 1, 1998
Current Final Completion Date: October 31, 1998
Percentage of Contract Time Elapsed: 92%
Original Contract Bid Price: $ 3,372,682.15
Total of Change Orders Through CO # 1: $3,434.00
Total Current Value of Contract: $ 3,376,116.15
Percentage of Contract Value Earned by Contractor: 90%
1
1
® FPRORCfS~%bl~l SOIVtEpORTNAOM51LVWeaanO_W dee
City of Tigard, Oregon
1 3.5 MG MENLOR RESERVOIR
PROJECT PAYMENT SUMMARY
In accordance with the Conditions of the Contract Documents, the Contractor is compensated
® each monthly period for work performed and materials purchased for incorporation into the
® project. A current summary of payments is provided below.
1
Progress Payment Summary
Payment Date Amount Percent Cumulative Percent
No. Earned Earned Percent Time
Earned Elapsed
1 September-97 $ 146,702.50 4.3% 4% 6%
2 October-97 $ 243,996.79 7.2% 12% 13%
3 November-97 $ 250,089.46 7.4% 19% 21%
4 December-97 $ 199,984.10 5.9% 25% 27%
5 January-98 $ 171,133.49 5.1% 30% 34%
6 February-98 $ 317,991.37 9.4% 39% 42%
7 March-98 $ 160,924.95 4.8% 44% 49%
8 April-98 $ 297,668.34 8.8% 53% 56%
9 May-98 $ 385,135.11 11.4% 64% 63%
10 June-98 $ 486,725.98 14.4% 79% 71%
11 July-98 $ 141,171.32 4.2% 83% 78%
12 August-98 $ 157,640.48 4.7% 88% 85%
13 September-98 $ 76,085.86 2.3% 90% 92%
14 October-98
Total Earned $ 3,035,249.75
Current Contract Value $ 3,376,116.15
"...C'fS%wNl.]OIVIEPORTS~NOMHLY\]tgMO "doc
City of Tigard, Oregon
i 3.5 MG MENLOR RESERVOIR
CONSTRUCTION PROGRESS STATUS
r
The Contractor's revised project schedule indicates project final completion within the
current Contract time. The tank was filled, tested and put into service on August 13, 1998.
Major work activities completed in the past month include the following:
1. Completed backfilling around tank and installed tank roof and wall drains.
2. Graded fill slopes around tank.
3. Applied architectural relief to exterior tank walls.
4. Installed exterior tank ladder.
5. Began installing permanent fence around project site.
Major work activities scheduled for the next month include the following:
1. Paint exterior of tank and operations building.
2. Landscape project site and install perimeter fence.
3. Construct access road subgrade and install base rock.
4. Install catch basins along access road.
5. Install drainage ditch lining.
6. Construct access road entrance gate.
7. Construct curbs along access road.
. WOIECM%%0341701WJPORTS MONIHCYkR pmr "Aoc
CITY OF TIGARD
Plate 1
8.5 MG Menlor Reservoir
Progress through 9125198
l:l
J.
y. `a Grading fill slopes.
9/16/98
4'!
a
y
r-
Installing perimeter
fence posts. 9/21/98
96-0341.301
City of Tigard, Oregon
3.5 MG MENLOR RESERVOIR
CHANGE ORDER STATUS
1. Change Order Log
Change Orders are issued to the Contractor following City approval to modify the Contract
between the City of Tigard and the Contractor for scope of work changes and to make,
through negotiations, equitable adjustments in the Contract value and time of completion.
Individual Change Order items arise from Potential Change Orders or from discovered field
conditions encountered on a day to day basis. The Change Order Log will be used to
summarize the status of Contract Change Orders through the reporting period and is
presented in the following pages.
2. Potential Change Order Log
A log of Potential Change Orders (PCO) is maintained on Contract topics which have the
® potential of becoming Contract Change Orders. The PCO Log is not intended to represent
that each item will become a Change Order item. Items included in the listing may either
become Contract Change Order items or may be voided if it is agreed to with the Contractor
that the issue has a no-impact status. Where a PCO item is not agreed to be a Change Order
item or a no-impact item, the issue will be resolved through the dispute resolution process
agreed to by all parties in the Partnering Agreement. The Potential Change Order Log will
® be used to summarize the status of the PCO's through the reporting period and is presented in
the following pages.
F.TROTECTSWO 1.301W MTSV40HI14L"Won9_" d0C
Change Order Log
SERVOIR
3.5 MG MENLORRE
owner- City of Tigard
Contractor.. Ward-Henshaw CoD.Sttuction Co., Inc
New Contract
Change order CO Time (Cal Completion Date
Reference Days) Contract Value
cost 3,372,682.15
Document
Description Contractor Bid
CO Item 0
Original contract Data $ (11555.00)
Change order No.1 $ (1,05$.00) 0
Reduce number of roof and floor joints $ (318-00) 0
Modification of overflow pipe $ (952.00) 0
Delete butterfly valve on overflow pipe $ 2,729.00 0
Raise tour elevation of outlet piping vault M119 $ 4,599.00 0
Modify piping material bctwcen Mtl8 & $ 3,376,116.15
Furnish and install additional exterior reservoir lighting $ 3,434.00
Change order No. I Totals
Change Order No. 2
Change Order No. 2 Totals
change order No. 3
Change Order No. 3 Totals
•
Change Order No. 4
Change Order No. 4 Totats
MEMNON
City of Tigard, Oregon
3.5 MG MENLOR RESERVOIR
POTENTIAL CHANGE ORDERS
The following issues are being investigated and discussed with the Contractor to expedite
resolution.
PCO No. 1 Revisions to drawings C-2. C-3. C-4, and C-6:
1 Current Status: The above referenced drawings were revised to meet USA requirements
following the opening of bids. As this information was not available to the Contractor at the
time of bidding, the Contractor has requested an amount equivalent to the increase in cost to
complete their work. The increased costs noted in their request include the following two
items; 1) Cost for the change in pipe material for a shallow section of storm sewer from
HDPE to concrete, and the additional labor and equipment to install it. 2) Imported backfill
material for the 60" water quality manhole located in an unpaved area, and the cost to haul
away excavated native material.
The Contractor will not be required to backfill the 60" manhole with imported material as it
is not required by the applicable specifications when located in unpaved areas.
The request has been reviewed by the Engineer and associated costs for item 1 were
processed in Contract Modification No. 1.
PCO No. 2. Additional design revisions combined with PCO No. 1:
Current Status: Additional design revisions were initiated by both the Contractor and the
1 Engineer. The design revisions reflecting a change in cost include the following four items;
1) Credit for the reduction of joints in roof and floor slabs from two to one for each slab.
2) Credit for changes to overflow pipe detail including reduction of the number of pipe
sections and flanges, deletion of two 12"couplings, and cost for addition of one 12" flange
coupling adapter. 3) Credit for deletion of one 12" BFV on the tank overflow pipe.
4) Credit for raising floor of the outlet piping vault.
The revised costs for the above referenced design revisions have been reviewed by the
Engineer and processed in Contract Modification No. 1.
F APR.'S%1034110IMPMTSMONRRYVIWO "&C
PCO No. 3. Additional Exterior Tank Light:
Current Status: Installation of an additional exterior tank light to illuminate the tank ladder
area was requested by the City. The Contractor has submitted proposed costs to supply and
install the light, associated conduit and appurtenances.
The revised costs for the above referenced design revisions have been reviewed by the
Engineer and processed in Contract Modification No. 1.
PCO No. 4. Adiustment of Tank Footing_ Drain:
Current Status: The alignment of the footing drain was revised to avoid an elevation
conflict with the 18" tank outlet piping. The Contractor has requested an amount equivalent
to the increase in cost to complete their work which required drilling a new hole in the
monitoring manhole and patching an existing hole. The request is currently being reviewed
by the Engineer .
F IPROMCM9M]41.IOINEPOIITA40NMY'Jtgw 9_N.d*C
iJ
V
Potential Change Order (PCO) Log
3.5 MG MENLOR RESERVOIR
Owner: City of Tigard 1
f
Contractor: Ward-Henshaw Construction Co., Inc.
f
} PCO Description PCO Initiator Reference Status Comments Date Initial Final Date Time Time Change
No. Date Document Quote Quote Agmt. Final Request Agreed Order
r Received $ $ Agmt. (Cal Days) (Cal Days) No. t
1 Changes to Dwgs. C-2,C-3.C-4,C-6 11/13/97 W-H Letter Closed Included in PCO No. 2 11/13/97 $ 3,339.63 $ - 8/21/98 0 0 1
2 Design Revisions and PCO No. l 5'14/98 MSA Letter Closed Credit 5/14/98 $ (1.154.00) $ (1,154.00) 8/21/98 0 0 1
3 Addition of Exterior Tank Licht 5.'29/98 MSA Letter Closed Approved 5/29/98 $ 4.588.00 $ 4,588,00 8/21/98 0 0 1
4 Adjustment of Tank Footing Drain 527/98 W-H Letter Open 5127198 $ 747.50 .
5
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r Empowering your team to achieve world-class perfofmance A continuous improvement pfecess-
I
Partnering Agreements
City of Tigard - 3.5 MG Menlor Reservoir
r'
• Timely resolve all issues
• Any new person will commit to the Partnering Agreement
• To make the project an educational, interesting and enjoyable endeavor
• Create efficiency through proper planning and advance notification - 2 week
schedule, prepared weekly
• Conduct weekly site meetings - Thursday 9:00 a.m.
• Conduct monthly project status meetings - V* Thursday of the month
• Actively encourage cost saving ideas while respecting a desire to make a profit
• Promote a safety program that protects public and work force
• Maintain clean project site.
• No litigation is our common goal
• Make submittal process work effectively and efficiently
• Complete project on time
• Limit changes in key personnel
• Respect the priorities of others
• Adopt Communication Ground Rules, Vision Statement and Slogan
Have fun during the project and have a completion event
• Keep the community informed of our progress and successes
• Work for the success of all team members
• Adopt Model A conflict resolution method with element 6 of Model B
rk(' r7
1 ~
r
r Partrartnp Agreements city of T)Wd - 3.5 MG Mentor Reservoir.doo
IL- Mrs, in 12 ^!eft
AGENDA ITEM # ~S
FOR AGENDA OF October 13. 199
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Long Range Water Supply Update
PREPARED BY: Ed Wegner DEPT HEAD OK CITY MGR OK L/44-%-
ISSUE BEFORE THE COUNCIL
Review Tigard's Water Supply issues and long term supply needs.
STAFF RECOMMENDATION
No action necessary.
s
INFORMATION SUMMARY
A presentation will be made with an update on the Portland scenarios, the Willamette River Preliminary
Engineering study and summer usage.
OTHER ALTERNATIVES CONSIDERED
N/A
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
This meets the visioning goal of continuing to pursue a long-range water supply source for the Tigard Water
Service Area
FISCAL NOTES
N/A
Kathy\agd10-13
MEMORANDUM
TO: Honorable Mayor & City Council
Bill Monahan, City Manager
FROM: Ed Wegner, Public Works Director
RE: Water Issues
DATE: October 13, 1998
Current Water Supply Status
• September average daily demand 8.2 mg
• September average daily storage 12.7 + 3 Menlor
• September peak day 10.6 - lowest day 6.06
• Kimberly Swan - New Water Construction Specialist starts 10/15/98.
Long Term Water Supply Options
• City Staff working with Reps of both options as the final reports are being
prepared.
• City Council toured the Bull Run Watershed with the Portland City Staff.
• A tour of a water treatment plant will take place later this month.
• Tigard Staff has been meeting with City of Portland, TVWD exploring
possible ways to increase next summers water capacities in our customer base.
Upcoming Topic
October 20, 1998 - City Council work session - review evaluation criteria.
We have invited members of the IWB & TWD to this meeting
Attachments
• Comparison of water service area connections 1995-1998
• Nations Cities Weekly - addresses a consumer confidence report that will be
required of all municipal drinking water suppliers
• Cascade Water Alliance - A regional water supply entity of local governments in
the Seattle Washington area.. There are many points which we are talking to
Portland about that are identified in this contract that could be useful to us.
Comparison of Service Area Connections 1995-1998
9,066 9,447 381 4%
2,5601 1 2,661 101 4%
1,017 1,017 0 0%
329 333 4 1%
RNOWNW-1 W, 12,872 13,458 466 4%
r:k
Breakdown. 6f.SL:irvit;e,C6nnecti.ons-.-..,I
No6hange
9,447 9,762 315 4%
■3/;4z; 2,661 2,840 179 4%
t':F 1,017 1,018 0 0%
333 340 7 1 %
13,458 13,860 501 4%
: re a . Co
•
,?v, 9,762 9,934 172 2%
ltd ta~gd~neaa ` 2,840 3,016 176 6%
1,018 1,018 0 0%
D{iiil~1a11T.'~ r 'r Ff~ a Fs x s 340 341 1 0%
:.:18 13,960 14,309 349 3%
Page 1
99
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7/6/98
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7-99
1(9
CASCADE WATER ALLIANCE
INTERLOCAL CONTRACT
Date: ,1998
SOOO/OIU7
f
TABLE OF CONTENTS
Page
ARTICLE I. Recitals I
ARTICLE II. Definitions ............................................................................................................2
ARTICLE III. Formation of Entity; Purpose and Powers ............................................................5
Section 3.1 Formation .................................................................................................5
Section 3.2 Membership .............................................................................................6
Section 3.3 Conversion to Municipal Corporation Status ............................................6
Section 3.4 Purposes ...................................................................................................8
Section 3.5 Powers .....................................................................................................9
Section 3.6 Special Arrangements for Members That Join During the Formation
Period... ! ...............................................................................................10
Section 3.7 Special Withdrawal at End of Formation Period .....................................11
ARTICLE IV. Organization Structure; Board ...........................................................................12
Section 4.1 Composition and Meetings .....................................................................12
Section 4.2 Powers of the Board ...............................................................................12
Section 4.3 Voting ....................................................................................................12
Section 4.4 Officers and Committees ........................................................................12
Section 4.5 Executive Cominittee .............................................................................13
Section 4.6 Staff .......................................................................................................13
Section 4.7 Budget; Dues; Financial Management ....................................................14
Section 4.8 Bylaws ...................................................................................................14
ARTICLE V. Asset Development and Supply Commitment .....................................................15
Section 5.1 Property Acquisition, Ownership, and Disposition ..................................15
Section 5.2 Supply Commitment ..............................................................................17
Section 5.2.1 Commitment to Members .........................................................17
Section 5.2.2 Additional Rules for Members Retaining Independent Supply.. 18
Section 5.3 Financing of Assets ................................................................................19
Section 5.4 Supply Expansions and System Extensions ............................................20
Section 5.5 Regional Capital Facilities Charges ........................................................21
Section 5.6 Transfer Upon Mergers, Consolidations, and Assumptions .....................23
ARTICLE VI. Independent Supply ...........................................................................................24
ARTICLE VII. Asset Management ...........................................................................................25
Section 7.1 Supply System Management ..................................................................25
Section 7.2 Conservation ..........................................................................................25
Section 7.3 Shortages ...............................................................................................26
Section 7.4 Water Quality .........................................................................................27
Section 7.5 Water Supply Rates and Charges ............................................................27
i
Section 7.6 Old Water Buyout ..................................................................................29
Section 7.7 Franchises and Easements 30
Section 7.8 Sales of Water to Non-Member ..............................................................30
ARTICLE VIII. Planning 31
Section 8.1 Water Supply Plan ..................................................................................31
Section 8.2 System Reliability Methodology ............................................................31
ARTICLE IX. Filings ...............................................................................................................31
ARTICLE X. Duration and Dissolution; Withdrawal ................................................................32
Section 10.1 Duration .................................................................................................32
Section 10.2 Withdrawals ...........................................................................................32
Section 10.3 Dissolution .............................................................................................33
ARTICLE M. Amendments ......................................................................................................33
ARTICLE MI. Applicable Law and Venue ...............................................................................34
ARTICLE XIII. No Third Party Beneficiaries ...........................................................................34
ARTICLE XIV. Severability .....................................................................................................34
ARTICLE XV. Entire Agreement .............................................................................................35
ARTICLE XVI. Execution ........................................................................................................35
EXHIBIT A - Bylaws
EXHIBIT B - Regional Capital Facilities Charge Methodology
EXHIBIT C - Minimum Service Standards
EXHIBIT D - Old Water Buyout Schedule
EXHIBIT E - System Reliability Methodology
EXHIBIT F - Lists of Agencies Initially Qualified to Join
EXHIBIT G - List of Other Documents or Actions Referenced in Contract
ii
S~OO7~1412
r ~
CASCADE WATER ALLIANCE
(NEW REGIONAL WATER SUPPLY ENTITY)
INTERLOCAL CONTRACT
ARTICLE I. Recitals.
WHEREAS, since 1993, elected officials from The City of Seattle, the Suburban Cities
Association, and water districts constituting the King County Water Alliance have engaged in a
facilitated negotiation to identify a new governance arrangement that would promote the wise
cooperative use of water and enable the development of new regional water supplies; and
WHEREAS, an arrangement encouraging discussion among three major partners in the
region's water supply, the King County Water Alliance, the Seattle Caucus, and the Suburban
Cities Caucus ("Tri-Caucus") was established; and
WHEREAS, on August 30, 1995, the participants in that process executed a "Tri-Caucus
Agreement of Principles Regarding the Relationship Between Seattle and the New Entity," which
provided for cooperative planning, development, and management of regional water supplies;
WHEREAS, the undersigned agencies are now proceeding to create, by interlocal contract,
the Cascade Water Alliance, an intergovernmental body that will further the interests of its
members while working cooperatively with other water supply entities in the region; and
WHEREAS, the entities forming the Interim Water Group have completed negotiations
with Seattle for a draft Agreement for the Supply of Water, which draft Agreement is expected to
be executed in the firture.
500070161
NOW, THEREFORE, it is agreed as follows:
ARTICLE II. Definitions
"Board" means the Board of Directors of Cascade.
"Bylaws" means the Bylaws of Cascade, the initial version of which is set forth at
Exhibit A.
"Cascade" means the Cascade Water Alliance formed by this Contract.
"Cascade ERUs" or "CERUs" means equivalent residential units, calculated in
accordance with the Regional Capital Facilities Charge Methodology, the original version of which
is attached at Exhibit B adopted in accordance with Section 7.5.
"Contract" means this Cascade Water Alliance Interlocal Contract.
"Demand Share" means a Member's current share of water provided through the Supply
System, whether Full Supply or Interruptible Supply, expressed in millions of gallons per day,
calculated, as set forth in the Rate Calculation Methodology, on the Member's three-year average
annual usage or three-year average annual peals season usage, whichever is greater. "Demand
Share" may be adjusted by the Board to take into account water supply, the development for which
a Member has become obligated to pay, although that water supply is not yet available.
"Dual Majority Vote" means Board approval of a proposal on the basis of a simple
majority of all Members (not simply Members present and voting), allowing one vote per Member,
together with a simple majority of all Members on the basis of each Member's Demand Share.
"65% Dual Maiority Vote" means Board approval of a proposal on the basis of a 65%
supermajority of all Members (not simply Members present and voting), allowing one vote per
r '
Member, together with 65% supermajority of all Members on the basis of each Member's Demand
Share.
"Executive Committee" means the Executive Committee of the Board authorized by
Section 4.5.
"Full Supply" means a guaranteed supply of all or a specific portion of a Member's water
needs from the Supply System.
"Formation Costs" means the costs incurred during the Formation Period for developing,
organizing, and initially implementing Cascade, together with other costs incurred by Members
during the Tri-Caucus and IWG processes.
"Formation Period" means the period from July 1, 1998, through November 14, 1999.
"Independent Supply" or "Independent Supplies" means a Member's water supply
resources that are not part ofthe Supply System
"Interruptible Supply" means a supply of all or part of a Member's water needs from the
Supply System on a nonguaranteed, interruptible basis.
"Interim Water Group" or "IWG" means the Interim Water Group formed by and
among water utilities under an Interlocal Agreement dated November 22, 1995, as amended.
"Member" or "Members" means one or more member agencies of Cascade.
"Minimum Service Standards" means the minimum service standards adopted by the
Board under Section 7.1, the initial version of which is attached at Exhibit C.
"Operations and Mainteuance Costs" or "O&M Costs" means all expenses incurred by
Cascade to operate and maintain the Supply System in good repair, working order, and condition,
including without limitation payments made to any other public or private entity for water or other
50007016 12
✓
r
utility service. Except as approved by the Board, Operations and Maintenance Costs shall not
s
include any depreciation, capital additions, or capital replacements to the Supply System.
"Old Water Buyout Schedule" means the schedule of rate surcharges and credits for
water supply to take into account rights of certain Seattle Contract Purveyors, the initial version of
which is attached at Exhibit D.
"Rate Calculation Methodology" means the method of setting rates and charges
established under Section 7.5.
"Regional Capital Facilities Charges" or "RCFCs" means the charges to each Member
•
for new CERUs connected to that Member's water distribution system in accordance with
Section 5.5 and the Regional Capital Facilities Change Methodology, the initial version of which is
set forth at Exhibit B.
"Satellite Systems" means water supply facilities identified as such by the Board,
including but not limited to facilities that serve a portion of a Member's customers but that are not
part of the Member's main water system
"Seattle Contract Purveyor" or "Seattle Contract Purveyors" means an agency or
agencies listed on Exhibit F that is a party to The City of Seattle Water Purveyor Contracts.
"Shortage Management Plan" means Cascade's water supply Shortage Management
Plan adopted under Section 7.3.
"State" means the State of Washington.
"Supply System" means the Water Supply Assets owned or controlled by Cascade.
"System Management Plan" means the system management plan adopted by the Board
under Section 7.1.
4
"System Reliability Methodology" means the system reliability methodology adopted by
the Board under Section 8.1, the original version of which is attached at Exhibit E.
"Water Supply Assets" means tangible and intangible assets usable in connection with the
provision of water supply, including, without limitation, physical facilities (e.g., dams, wells,
treatment plants, pump stations, reservoirs, and transmission lines), water rights, capacity rights in
facilities or resources owned by other entities, and investments in conservation programs and
facilities.
"Water Supply Plan" means Cascade's water supply plan adopted under Sections 5.4 and
8.1.
ARTICLE M. Formation of Entity; Purpose and Powers
Section 3.1 Formation. In accordance with the Interlocal Cooperation Act
(RCW 39.34), the parties to this Contract create the Cascade Water Alliance, effective January 1,
1999. Cascade is a public body, an instrumentality of its Members and is exercising essential
governmental functions on their behalf. The agencies initially eligible for membership in
Cascade are listed on Exhibit F. Cascade may, under RCW 39.34.040(3), be incorporated as a
public nonprofit corporation in the manner set forth in RCW 24.03 or 24.06 or as a partnership in
the manner set forth in RCW 25.04, or the Board may organize the form of Cascade in any other
manner permitted by law. The Board may approve the filing of articles of incorporation or
similar documents in connection with incorporating Cascade or organizing it in some other
manner.
The IWG board of directors shall make this Contract available to the qualifying agencies
listed on Exhibit F, during the period July l through December 31, 1998, during which time neither
5
50007016 12
I '
this Contract nor its exhibits may be amended. During that period, the IWG board shall establish
an audit methodology and cause the audits under Section 5.1 to occur and shall assign initial
Demand Shares to each initial Member applicant based on those audits. The IWG board may also
accept, for evaluation, applications for membership from agencies not listed on Exhibit F and may
commence audits with respect to those applicants. But the IWG board is not authorized to admit to
membership any agencies other than those listed on Exhibit F. Before January 1, 1999, the IWG
board may hire or contract for an interim chief executive officer and may commence a process for
the hiring of a chief executive officer, who may be permanently hired only by the Board after
December 31, 1998. The IWG board may, on behalf of Cascade, retain other employees and retain
attorneys, accountants, and other consultants, all under contracts not exceeding one year in
duration. Before January 1, 1999, IWG officers may perform all necessary functions of Cascade
officers. The IWG board may take actions reasonably necessary to organize Cascade in an orderly
fashion, but neither the IWG board nor Cascade (before January 1, 1999) may exercise any of
Cascade powers set forth in Section 3.5.
Section 3.2 Membership. Each agency listed on Exhibit F is entitled to become a
Cascade Member during the period July 1, 1998 through December 31, 1998. After
December 31, 1998, Cascade may admit any other municipal water utility subject to applicable
provisions of this Contract. However, any Seattle Contract Purveyor shall be entitled to become
a Member (subject to the applicable requirements of this Contract) at any time during the
Formation Period, and after the end of the Formation Period if that Purveyor applies for
membership within 30 days after the current Seattle Water Purveyor Contract is terminated with
respect to that Purveyor.
6
1 '
Other municipal water utilities serving the region's urban growth area are eligible to
become Members and may be admitted to Cascade upon terms and conditions imposed by the
Board and subject to the conditions of this Contract. Each membership application (and each new
Member's request for water supply that replaces Independent Supply) must be accompanied by a
nonrefundable application fee based on the cost of the audit and other costs related to the
admission of a new Member or request for new supply.
The initial estimated application fee to be paid by each applicant shall be $5,000. The
Board shall revise the fee for each applicant based on the actual cost of processing the application,
including the cost of the audit. After the completion of processing and audit activities, Cascade
shall promptly refund amounts to the extent costs were less than $5,000, and the applicant shall
promptly pay amounts to the extent costs exceeded $5,000. Applications for membership must be
made in the manner and subject to the conditions set forth in the Bylaws.
As a condition of membership, each applicant is subject to a charge for Formation Costs
based on the allocable share of costs (determined by the number of CERUs served when the
Member applies). However, each applicant that has contributed its allocable share to the Tri-
Caucus process and/or the IWG process shall receive a credit or credits for those prior
contributions. Members pay interest at the rate of 6% from January 1, 1999, on Formation Costs
owing, unless interest is waived as authorized by Section 3.6. The Board may adjust the Formation
Charge as it deems appropriate.
Cascade may decline to admit any applicant to membership if and so long as the State of
Washington or the applicable county has determined that the applicant's planning process or plans
are materially not in compliance with the requirements of the Growth Management Act. The
7
5000701612
Board may deem an applicant's planning process or plan to be in compliance if the applicant's
comprehensive plan has been approved.
Section 3.3 Conversion to Municipal Corporation Status. In accordance with
Section 10.3, Cascade may be converted into a separate municipal corporation if and as
permitted by law. Upon the creation of such a separate municipal corporation, all Cascade rights
and obligations and all Member rights and obligations under this Contract shall transfer to that
new municipal corporation.
Section 3.4 Purposes. Cascade's purposes are to:
a. provide water supply to meet the current and projected demands of Cascade
Members serving the region's urban growth area, and for certain other non-Member agencies as
determined by Cascade, and to carry out this task in a coordinated, cost-effective, and
environmentally sensitive manner;
b. develop, own, maintain, and operate Water Supply Assets, including without
limitation surface water supplies, groundwater supplies, reclaimed water supplies, and other
water supply resources as determined by the Board;
c. contract with Seattle to transfer to Cascade and to modify Seattle's rights and
duties with respect to Seattle Contract Purveyors;
d. contract for or assume certain contractual rights and duties related to the
Tacoma second supply pipeline project;
e. purchase and to provide water supply, transmission services, treatment
facilities and other related services;
f. provide conservation programs to promote the wise and efficient use of
resources;
g. carry out emergency water supply and shortage management programs for its
Members when demands exceed available supply;
h. coordinate and plan cooperatively with other regional water providers and
local non-Member water utilities to maximize supply availability and to minimize system costs;
i. develop the Water Supply Plan for its Members and help develop a regional
water supply plan with other water providers as Cascade may find convenient or necessary to
meet regional, state, and federal planning requirements, and to take a leadership role in
developing and coordinating those supply plans;
8
j. share costs and risks among Members commensurate with benefits received;
k. carry out or to further other water supply purposes that the Members
determine, consistent with the provisions of this Contract; and
1. Cascade's purposes include only those related to water resources, as set forth
above, and do not include the provision of other general services to the public.
Section 3.5 Powers. To further its purposes, Cascade has the full power and authority
to:
a. acquire, construct, receive, own, manage, lease, and sell ` real property,
personal property, intangible property, and other Water Supply Assets;
b. operate and maintain facilities;
i
c. enter into contracts;
d. hire and fire personnel;
e. sue and be sued;
f. exercise the power of eminent domain (through its Members at their
individual discretion, unless and until Cascade has that power under applicable law);
g. impose, alter, regulate, control, and collect rates, charges, and assessments;
h. purchase and sell water and services within and outside the geographical
boundaries of its Members;
L borrow money (through its Members or other entities at their individual
discretion, unless and until Cascade has that power under applicable law);
j. lend money or provide services or facilities to any Member, other
governmental water utilities, or governmental service providers;
k. invest its funds;
1. establish policies, guidelines, or regulations to carry out its powers and
responsibilities;
m. purchase insurance and to participate in pooled insurance and self-insurance
programs, and to indemnify its Members, officers, and employees in accordance with law;
n. exercise all other powers within the authority of and that may be exercised
individually by all of its Members with respect to water supply, conservation, reuse, treatment
and transmission, or any of the other purposes set forth in Section 3.4; and
9
50007016 12
o. exercise all other corporate powers that Cascade may exercise under the law
relating to its formation and that are not inconsistent with this Contract or with Chapter 39.34
RCW or other applicable law.
In addition, Cascade shall have the power and authority to engage in all activities incidental
or conducive to the attainment of the purposes set forth in Section 3.4 of this Contract and to
exercise all powers authorized or permitted under RCW 39.34 and any other laws that are now, or
in the future may be, applicable or available to Cascade. ,
Section 3.6 Special Arrangements for Members That Join During the Formation
Period. To induce agencies to join Cascade during the Formation Period (plus an additional
period of up to six months as the Board may designate), the following special arrangements or
benefits are provided to Members that join during the Formation Period:
a. A Member that is admitted to Cascade within six months after the beginning
of the Formation Period is not required to pay interest on its allocable share of Formation Costs.
b. A Member that is admitted to Cascade during the Formation Period may
transfer to Cascade, and Cascade must accept, ownership or control over its then-existing Water
Supply Assets, subject to the value placed on those Assets by the audit.
c. A Seattle Contract Purveyor that is admitted to Cascade during the Formation
Period shall relinquish its rights under its Seattle Water Purveyor Contract to Cascade and
execute such documents as may be necessary to transfer those rights to Cascade, effective
January 1, 2000. Cascade accepts those rights and the corresponding obligation to provide Full
Supply (net of Independent Supply), effective January 1, 2000. That Member pays no RCFCs
with respect to the amount of water supply represented by the transfer of rights from Seattle (i.e.,
the Member's transferred rights under its Seattle Water Purveyor Contract are deemed a transfer
of Water Supply Assets sufficient to supply all of its needs at the then-current level of usage of
water supplied by Seattle, based on CERUs as of January 1, 2000, rather than the Member's
being credited for transferred Seattle Watet Purveyor Contract rights based on Seattle's original
cost, as described in Section 5.5).
d. A Member that is not a Seattle Contract Purveyor, that joins Cascade during
the Formation Period with all water supply resources currently serving its retail customers
remaining available (either as Independent Supply or with ownership or control transferred to
Cascade) shall, effective January 1, 2000, have the right to receive Full Supply from Cascade
(net of the Member's Independent Supply).
10
e. A Seattle Contract Purveyor that joins during the Formation Period shall make
and/or receive "old water buyout" payinents as set forth in Section 7.6.
Section 3.7 Special Withdrawal at End of Formation Period. Except as provided in
this Section 3.7, Members may not withdraw from Cascade during the Formation Period. A
Member may withdraw from Cascade between October 1, 1999, and November 14, 1999,
without regard to the provisions of Section 10.2, if prior to October 1, 1999, either (a) or (b),
below has not occurred:
(a) this Contract has been executed by 75% of the Seattle Contract Purveyors
(measured by volume water supply usage as shown on Exhibit F); or
(b) (i) Cascade or The City of Seattle has executed a contract with the City of
Tacoma or another provider that provides Cascade or Seattle (or both) with
rights to at least one-third of the capacity of Tacoma's Second Supply
Project or another source; or (ii) an authorized representative of The City of
Seattle has certified that Seattle has sufficient reasonably projected capacity
to provide for the Full Supply needs of all the Members through the year
2014 (in no event less than 82 MGD).
If (a) or (b) has not occurred, any Member may, by written notice delivered to Cascade
before November 15, 1999, withdraw from Cascade without regard to the provisions of
Section 10.2. The notice of withdrawal must be accompanied by a copy of the Member's
resolution or ordinance authorizing the withdrawal. Upon a withdrawal under this Section 3.7, any
Seattle Purveyor Contract rights that the withdrawing Member had relinquished or transferred to
Cascade shall be returned to that Member. Cascade shall have no obligation to repay dues or other
amounts contributed to Cascade by the withdrawing Member.
11
vwr~niR i~
t
ARTICLE IV. Organization Structure; Board
Section 4.1 Composition and Meetings. Cascade is governed by a Board of
Directors consisting of one individual representative appointed by resolution or written motion of
the Member's legislative authority. Members may similarly appoint alternate representatives to
the Board. Each Boardmember and each alternate must be an elected official of the Member.
The Board may meet as necessary, but at a minimum on a quarterly basis.
Section 4.2 Powers of the Board. The Board has the power to take all actions on
Cascade's behalf in accordance with voting provisions set forth in Section 4.3. The Board may
delegate to the Executive Committee or to specific Cascade officers or employees any action that
does not require Board approval under this Contract.
Section 4.3 Voting. All Board actions must be approved by Dual Majority Vote,
except where this Contract requires a 65% Dual Majority Vote of all Members or also requires
ratification by the Members' legislative authority. Each Member's voting power is based on that
Member's risk and financial obligation with regard to Cascade, i.e., on the basis of each
Member's Demand Share. The Board may act by voice votes, as set forth in the Bylaws, but any
Member may require a recorded tabulation of votes either before or immediately after a voice
vote is taken. Although voting is in part based on Demand Shares, the Members expressly agree
that there is only one class of Membership, and voting occurs within that single class.
Section 4.4 Officers and Committees. Cascade officers shall include a Chair, a Vice
Chair, a Secretary, and a Treasurer. The Chair serves as the chair of the Board (and may be
known as the "President," if the Bylaws so designate) and performs those duties set forth in the
Bylaws.
12
. 1.
The Vice Chair shall perform the duties of the Chair in the Chair's absence and shall
perform other duties set forth in the Bylaws. The Secretary shall be responsible for Cascade
records and performs other duties set forth in the Bylaws. The Treasurer shall be responsible for
Cascade accounts and financial records and performs other duties set forth in the Bylaws.
Consistent with the provisions of this Contract, the Board may in the Bylaws establish
additional officers and set forth their duties.
The Board may create standing committees and special committees as it deems appropriate
and appoints members to those committees. Committee members need not be Boardmembers or
elected officials or employees of Members, but standing committee chairs must be Boardmembers
or alternate Boardmembers.
Section 4.5 Executive Committee. The Chair, Vice Chair, Secretary, Treasurer, and
chairpersons of standing committees together constitute Cascade's Executive Committee. The
Chair (or acting Chair) shall vote on matters before the Executive Committee only if necessary to
break a tie.
The Executive Committee's duties and responsibilities are set forth in the Bylaws, but the
Executive Committee shall not have the power to:
a. approve any contract for a term longer than three years;
b. approve any contract involving expenditure by or revenue to Cascade in
excess of such amounts and under such circumstances as are set forth in the Bylaws;
c. retain or dismiss the chief executive officer or determine the chief executive
officer's compensation; or
d. take any actions expressly reserved to the Board by this Contract or the
Bylaws.
Section 4.6 Staff. Cascade staff shall consist of a chief executive officer and other
positions established by the Board. The Board shall appoint, designate the title of, and establish
13
50007016 12
the compensation range of the chief executive officer. The Board also hires or retains legal
counsel and independent accountants and auditors to Cascade. The authority to hire other
consultants may be delegated to the Executive Committee. The chief executive officer appoints
persons to fill other staff positions, and those appointments may be subject to ratification by the
Board or the Executive Committee if the Bylaws so provide. The Board may also provide that
administrative, professional, or technical services be performed by contract.
Section 4.7 Budget; Dues; Financial Management. The Board must approve an
annual budget determining Cascade's revenues and expenditures at least 180 days before the
e
beginning of the fiscal year in which that budget will be in effect. The budget must identify the
levels of rates and charges on which revenue projections are based. The Board may amend the
budget.
Each Member must pay annual dues to defray part of Cascade's administrative costs based
on the number of equivalent retail units served by its water system, regardless of water usage or
capacity, and regardless of whether those units are served by the Supply System or by Independent
Supply. Before January 1, 2000, total dues collected from all Members may not exceed $500,000.
From and after January 1, 2000, no more than 5% of Cascade's annual budget shall be provided
from dues. The Board may establish minimum dues per Member and may provide that less than
all of a Member's retail equivalent residential units be taken into account in establishing dues.
All Cascade books and records shall be open to inspection by the Washington State
Auditor.
Section 4.8 Bylaws: The Board shall adopt Bylaws consistent with this Contract that
specify, among other matters, the date of Cascade's annual meeting, Board powers and duties
14
and those of the Executive Committee, standing committees, officers, and employees. The initial
Bylaws are attached to this Contract as Exhibit A.
ARTICLE V. Asset Development and Supply Commitment
Section 5.1 ]Property Acquisition, Ownership, and Disposition. Cascade may
construct, purchase, rent, lease, or otherwise acquire and dispose of Water Supply Assets and
other assets. Cascade may control and manage both the assets it owns and the assets that are
owned by Members that have transferred control of those assets to Cascade. This Contract does
not vest in Cascade any authority with respect to Members' other facilities or assets, such as
Water Supply Assets retained by Members as Independent Supply.
A Member may transfer to Cascade its title to, or operational control of, water supply and
regional transmission assets. Cascade and a Member may mutually determine that Water Supply
Assets shall be retained by the Member as Independent Supply subject to Article VI, or that title to
specified assets should be transferred to Cascade or retained by the Member with full operational
control of those assets transferred to Cascade, in order to (a) observe the requirements of a
Member's existing bond covenants, (b) protect and preserve water rights, or (c) provide for other
purposes determined by the Board. Water Supply Assets may also be fully retained by Members
as Independent Supply, subject to the provisions of Article VI. Transfers of Water Supply Assets
must be made in substantially the form of documents approved by the Board, with Board-approved
adjustments to meet the needs of the specific transfers. Notwithstanding the foregoing, Members
that are Seattle Contract Purveyors shall execute such documents as may be necessary to relinquish
their rights under The City of Seattle Water Purveyor Contracts and to transfer their water supply
rights thereunder to Cascade.
I5
wmni~
When an agency applies to become a Member, Cascade shall conduct a water supply audit
according to the methodology and within the period determined by the Board. Based on that audit
the Board shall assign an initial Demand Share to the applicant. The audit shall assess all Water
Supply Assets of the applicant, including those the applicant intends to retain as Independent
Supply. The audit shall be performed by qualified professionals using existing available
information. It shall address the following factors: existing customer base and demand; projected
growth; existing supply; quantity and quality of existing supply; quantity, quality, and cost of
resources being developed; the cost of upgrading or integrating existing supplies; and any other
factors determined by the Board Audit results shall be provided to the Board and to the agency
being audited: The nature of the Water Supply Assets being transferred or retained, and the
"value" of those assets in terms of the calculation of a Member's Demand Share, RCFCs, and other
matters relating to the rights and obligations of the Member and Cascade, must be recorded in the
form that the Board determines.
Cascade may at any time and at its cost and expense may carry out additional audits of a
Member's Independent Supply Water Supply Assets.
Except as provided in Section 3.6, Cascade may (but is not obligated to) accept supply
assets offered by Members. Cascade may also (but is not obligated to) accept supply assets that
constitute all or part of Satellite Systems. The Board may accept supply assets subject to the terms
and conditions arranged between Cascade and the Member, based on the result of the audit process
and mutual needs.
Members shall not be deemed to hold legal ownership rights in any Water Supply Assets
owned by Cascade, whether those Water Supply Assets have been developed by, purchased by or
transferred to Cascade, and regardless of the accounting treatment of RCFC payments and other
16
payments made to Cascade. The fact that a Water Supply Asset shall have been transferred to
Cascade by a Member shall create no special rights of that Member with respect to that Water
Supply Asset.
Section 5.2 Supply Commitment
Section 5.2.1 Commitment to Members. Cascade shall provide Full Supply to
meet all current and future water supply needs to a Member that joins with Water Supply Assets
sufficient to provide for its needs during the following fifteen years (whether or not those Water
Supply Assets are transferred to Cascade or retained as Independent Supply). This commitment
to provide Full Supply shall be subject to water shortages, to Cascade's ability to implement the
Water Supply Plan, and to the portion of the Member's needs that can be served by its
Independent Supply. If the needed supply is not available, the shortage shall be shared by all the
Members in accordance with the Shortage Management Plan. Cascade is not obligated to
provide water supply to service area expansions outside the urban growth boundary. However,
Cascade shall be obligated to provide water supply to the entire service area of each Seattle
Contract Purveyor (as that service area is defined in terms under which the Member was
admitted), whether or not some of that service area is within the Member's current jurisdictional
boundaries and/or within the current urban growth boundary. Cascade is not obligated to
provide increased water supply to any Member if the Board determines that the Member's
planning process or plans are materially not in compliance with the requirements of the Growth
Management Act.
A new Member that joins. with Water Supply Assets insufficient to provide for its needs for
15 years receives the Full Supply it desires only 4 when and to the extent it is available within
reliability standards determined by the System Reliability Methodology. Cascade shall then
17
50007016 12
undertake to include in the Water Supply Plan, and to acquire, the facilities or other assets
necessary in the Board's determination to provide for that deficit. If sufficient Full Supply is not
available within reliability standards determined by the System Reliability Methodology, the
Member receives full or partial Interruptible Supply, and Full Supply must be provided within 15
years. If Cascade fails to develop sufficient assets to timely provide the increased Full Supply, the
commitment nevertheless becomes a Full Supply commitment at. the end of that 15-year period,
and any shortage shall be shared by all Members in accordance with the Shortage Management
Plan.
A Member that joins with Water Supply Assets insufficient to provide for its needs for 15
years, shall immediately pay RCFCs for the number of CERUs representing the deficit unless the
Board agrees to an alternative arrangement.
If multiple Members request new Full Supply, requests must be honored in the order
received (i.e., in the order in which application is made accompanied by the application fee). With
respect to new Members, those requests must be "'tested- no earlier than the date that membership
is effective. In cases of conflict or ambiguity, the Board may determine the order of requests.
Section 5.2.2 Additional Rules for Members Retaining Independent Supply.
Cascade shall. provide to a Member that retains Independent Supply, Full Supply for all of that
Member's water supply needs minus the amount of water that an audit determines may be
provided by that Member's Independent Supply. A Member whose Full Supply from Cascade
plus its Independent Supply exceeds its own needs shall satisfy any increase in water supply
demand from that Independent Supply before Cascade is responsible for meeting the new
demands. Members are not required to share shortages resulting from the loss of all or part of
Independent Supply, although Cascade may make Interruptible Supply available to a Mer*m1,Pr
18
ilYYY1f,IR 1',
that loses Independent Supply at prices that are consistent with the price of Interruptible Supply
being made available to others at that time.
A Member requesting additional Full Supply due to loss of Independent Supply shall make
that request made by resolution or written motion of the requesting Member's legislative authority.
The Member shall pay a lump sum equal to the applicable Formation Costs allocable to the
requested supply (if any) plus the RCFCs allocable to the number of CERUs being connected.
Cascade shall then include the supply in its Water Supply Plan, and provide the supply when it
becomes available, but in any event within 15 years. If within 15 years the supply is not available,
Cascade's commitment becomes a commitment for Full Supply and any shdrtage with respect to
that supply must be shared by all the Members in accordance with the Shortage Management Plan.
Section 5.3 Financing of Assets. The acquisition of new capital facilities and other
Water Supply Assets must be provided by RCFCs, transfers of Water Supply Assets, use of rate
revenues, the issuance of bonds to be repaid by rate revenues and RCFCs, and other fund sources
determined by the Board.
Until Cascade is authorized by law directly to finance the acquisition of facilities and other
Water Supply Assets, or a successor entity replaces Cascade under Section 10.3, Cascade financing
must be carried out on Cascade's behalf by one or more Members on a voluntary basis or by other
entities. Members serving as issuers may conduct the financing through "separate systems"
permitted by their applicable bond resolutions, or in some other appropriate manner, and Cascade
may compensate those Members for their reasonable costs associated with the financing.
Documents of other issuers related to the borrowings must expressly allow transfer of liability on
the obligations to Cascade or to a successor entity, including without limitation a joint operating
19
SOOWO16 12
agency or similar entity that may be permitted by law. All rights and obligations related-oto those
obligations must survive the transfer.
Because obligations issued by Cascade or on its behalf will be payable from Cascade's
water supply rate revenue and from RCFCs, any Member's failure to timely pay rates or charges
may result in curtailment of water supply and legal action for recovery of charges due. The
Members recognize that their promises to pay rates and charges will be relied on by holders of
those obligations. To the extent permitted by law, the Board may provide that a Member's failure
to timely pay rates and charges may result in a "step-up" requirement under which the other
Members may be required to provide for timely payment of the obligations proportionately, based
on Demand Shares. In that case, as the Board may determine and subject to the provisions of
documents related to a borrowing, Cascade and its Members may seek recovery against the
Member that defaults on its duty to timely pay those rates and charges. As the Board determines,
and subject to the provisions of documents related to a borrowing, repayment amounts may be
passed through to Members that contributed, either in cash or in credits against future rates, dues or
RCFCs.
Section 5.4 Supply Expansions and System Extensions. Cascade must provide for
Supply System expansions and extensions to meet the needs of additional water customers of
Members, subject to consistency with applicable growth management plans and comprehensive
plans, the Water Supply Plan, orderly asset development, reasonable cost, and financing
capacity. The Board shall establish a water supply development process, including criteria
governing the evaluation of new- projects, and that process must promote equality of costs and
services (other than direct local services), regardless of geographic location. The results of the
water supply planning process must be reflected in the Water Supply Plan. The Board shall have
20
the authority to undertake new projects identified in the Water Supply Plan for the expansion of
Water Supply Assets and regional transmission system extensions to meet the Members'
projected needs. To reduce costs, Cascade may, to the extent that the Board deems advisable,
enter into agreements with Members that agree to wheel water through their existing systems
before building new transmission facilities. When facilities are constructed that are used
partially by Cascade for wheeling water and partially by Members or other entities for their
purposes, the Board may determine an appropriate Cascade contribution to the cost of those
facilities. Existing arrangements among Members (and between Members and non-Members) in
place when a Member joins Cascade remain unaffected except as otherwise agreed between
Cascade and the other entities concerned.
Section 5.5 Regional Capital Facilities Charges. To allocate growth costs to those
Members that require capacity increases, each Member shall pay to Cascade an RCFC for each
new CERU connected to its water distribution system. Growth in water usage by existing
CERUs is not subject to RCFCs unless that growth constitutes a CERU increase as provided in
the RCFC methodology. Members with a supply deficit must pay an RCFC commensurate with
that deficit. To the extent that a Member transfers or retains as Independent Supply water supply
in excess of its needs, it receives a corresponding credit against future RCFCs.
Seattle Contract Purveyors that do not join during the Formation Period shall pay the
greater of (a) an RCFC for their entire customer base, minus the original cost of the Seattle
facilities represented by the Seattle Purveyor Contract.rights transferred to Cascade, or (b) any
applicable payment from the agency under the Old Water Buyout Schedule, plus reasonable
interest determined by the Board The imposition of the net RCFC under (a) shall be phased in
over five years for Members that join after the Formation Period, increasing by 20% each year so
21
SODMI6. 12
that it is charged at the full amount starting in the fifth year after the end of the Formation Period.
(For example, if the net RCFC were $100,000, the payment amount would be $20,000 during the
period 11/15/99 - 11/14/00, $40,000 during the period 11/15/00 -11/14/01, and so on.)
RCFCs shall be calculated according to the methodology attached as Exhibit B to this
Contract, as it may be amended from time to time. The RCFC Methodology shall include a
methodology for determining CERUs. Amendments to that methodology require a 65% Dual
Majority Vote of the Board. The Members recognize that capital facilities expansion costs in some
instances will be paid immediately and recouped in the future as new customers are added to local
systems, while in other cases new customers will be served by existing facilities and will thus need
to pay their share of the cost of those existing assets. Accordingly, and as set forth in Exhibit B,
the RCFC is calculated as the greater of (a) the incremental difference between the average unit
cost of expanding the system (i.e., the marginal cost of new capacity) and the average unit cost of
the existing system or (b) the average unit cost of past construction of the existing system plus
then-planned Supply System improvements. If a Member transfers Water Supply Assets to
Cascade under Section 5. 1, to the extent the audited capacity of those assets (including Seattle
Contract Purveyor rights) exceeds the Member's needs, that Member shall receive a credit against
future RCFCs. If a Member seeks to transfer assets substantially in excess of its foreseeable needs,
Cascade may negotiate appropriate compensation arrangements for the transfer.
Members that retain Independent Supply shall receive a credit against their RCFCs to the
extent that (as determined by the Board) they increase their use of, or the average yield of, those
Independent Supply facilities. Members that develop new Independent Supply that is approved by
the Board similarly receive a credit effective when the Independent Supply is placed in service and
audited by Cascade.
22
A Member that accepts ownership of a Satellite System that Cascade agrees to serve shall
pay an RCFC for the amount of supply needed to serve that system in excess of its rated capacity.
Members that experience a net reduction in the number of CERUs served shall receive an
CERU-for-CERU credit against future RCFCs.
RCFC credits may not be transferred among Members without Board approval.
Members shall not be required to pass RCFCs to their customers as capital facilities
charges, but may provide for the payment of RCFCs in whatever manner they deem appropriate.
For new Members joining with an unmet net supply need, Cascade may, under
circumstances determined. by the Board, require the prepayment of RCFCs allocable to the full
amount of the requested supply, i.e., when funds are needed to immediately begin the construction
of facilities.
Section 5.6 Transfer Upon Mergers, Consolidations, and Assumptions. If (a) two
or more Members merge or consolidate, (b) a Member or a non-Member assumes jurisdiction of
part or all of a Member, or (c) a Member assumes jurisdiction of part or all of a non-Member, the
jurisdictions' water supply rights from and obligations to Cascade must be transferred or
assumed under applicable law and consistent with the requirements of this Contract and the
obligations of Cascade.
Cascade is not required to admit a proposed new Member (other than a Seattle Contract
Purveyor) while the agency seeking to join is involved in an unresolved assumption, merger, or
consolidation, as determined by the Board.
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ARTICLE VI. Independent Supply
Members may not bring new Water Supply Assets on line as Independent Supply without
Board approval. That approval may be granted or denied following an evaluation process, based
on whether the Board determines that development of the proposed Independent Supply will
benefit or be adverse to the interests of the Members as a whole. Recognizing that in certain
circumstances the acquisition of additional Independent Supply might benefit (or cause no material
harm to) the Members as a whole, new supplies under 1 MGD may be approved by the Board
regardless of the provisions of the Water Supply Plan and without a formal evaluation process.
New supplies in amounts greater than 1 MGD must be described in and be consistent with the
Water Supply Plan. A Member developing or acquiring new Independent Supply that replaces
supply from Cascade continues to be responsible for the full Demand Share that it would have had
if Independent Supply had not been brought on line, unless and until the Board approves a method
by which that Member must compensate Cascade with regard to any of its existing commitments
to Cascade, e.g., by paying Cascade for the Member's share of fixed costs allocable to any
Cascade-provided Full Supply supplanted by the Independent Supply and not readily transferable
(in the Board's determination) to another Member. When it is determined by the Board to be in the
best interest of the Members as a whole, the Board may reduce a Member's Demand Share and
provide an RCFC credit to the extent that a Member develops or acquires Independent Supply.
The Board shall develop a methodology governing the approval and acquisition of
Independent Supply.
24
ARTICLE VII. Asset Management
Section 7.1 Supply System Management. Cascade is responsible for managing, on
behalf of all Members, the Water Supply Assets Cascade controls, whether those resources are
owned by Cascade, by Members, or by other water supply providers. Cascade is not responsible
for managing Independent Supply unless it has expressly agreed to do so. Supply System
management responsibilities are governed by a System Management Plan adopted by the Board.
The System Management Plan concerns, without limitation, matters such as daily system
operations and maintenance, interface with other supply providers, contractual obligations, water
quality, billing, management, and administration. Cascade may delegate and/or contract out its
Water Supply Asset responsibilities.
Cascade must manage the water supplies, facilities, and other assets constituting the Supply
System in compliance with applicable laws, regulations, and the Minimum Service Standards
attached as Exhibit C. Future amendments to the Minimum Service Standards shall require a 65%
Dual Majority Vote of the Board.
Section 7.2 Conservation. Cascade shall develop and carry out, and Members must
participate in, water conservation programs that are uniform among Members. The Board shall
develop and implement a Conservation Management Plan that provides a mandatory base
conservation program that functions to reduce both average and peak demands, although
Members may implement additional conservation programs. The Board may adopt wholesale
charges in addition to normal Demand Share charges to encourage resource conservation. The
Board may also provide or contribute to additional local conservation programs that are not
offered to all Members, and these local programs may be either locally funded or funded by
25
50007016.12
Cascade. Members that fail to comply with base programs set forth in the Conservation
Management Plan may be required to assume a disproportionate reduction in water supply or to
pay penalty charges, or both.
Section 7.3 Shortages. Members must respond to water shortages in a collective,
shared fashion under a Board-adopted Shortage Management Plan. Resources must be shared in
a manner that reduces the risk of severe shortages to each Member. The Shortage Management
Plan may include, without limitation a definition and classification of shortages, a shortage
contingency plan, including mandatory programmatic actions among all Members in the event of
shortages, allocation of authority for determining and responding to shortages, and a
communications and outreach program for the public. Members shall not be required to
implement the Shortage Management Plan in areas not served by Supply System.
In the event of shortages, Cascade shall normally reduce or halt Interruptible Supply.
However, the Board may, by 65% Dual Majority Vote, continue service in the amounts it deems
appropriate to one or more Members receiving Interruptible Supply.
The Board may require that Members failing to comply with mandatory shortage
management programs implemented under the Shortage Management Plan assume a
disproportionate reduction in supply or pay penalty charges, or both
In the evert of a Cascade-wide water shortage, Members with Independent Supply may,
without penalty, decline to participate in the Shortage Management Program for that shortage by
foregoing all supply from Cascade for the duration of the emergency or shortage.
To avoid shortages resulting from emergencies or the inability to develop sufficient
supplies, the Board may, by 65% Dual Majority Vote, establish moratoria on connections or
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additional commitments for future water services by the Members. A moratorium may be
discontinued by a simple Dual Majority Vote of the Board
Section 7.4 Water Quality. Cascade shall be responsible for water quality at the
point of delivery from Cascade to the Member, consistent with applicable laws and regulations.
Cascade assumes source water quality responsibility and liability with respect to Water Supply
Assets under its ownership or control (including water wheeled to a Member through another
Member's facilities). Cascade is also responsible for preparing and carrying out water quality
activities compatible with the water quality requirements of regional water suppliers integrated
with Cascade's system (e.g., Tacoma, Everett, and Seattle).
Cascade may in its sole discretion determine and adjust the appropriate method and level
of treatment of water that it supplies, so long as that water meets applicable state and federal
requirements. If water that it supplies meets those requirements, Cascade shall not be obligated
to adjust the method or level of treatment so that the water can be more readily blended with a
Member's Independent Supply or more readily transmitted through a Member's internal system.
Each Member. shall remain responsible for water quality within its respective distribution
system, assuming that adequate water supply qty is provided by Cascade at the point of
delivery from Cascade. Each Member shall be responsible for all costs related to making water
supplied by Cascade compatible with that Member's internal system, including but not limited to
costs of additional treatment.
Section 7.5 Water Supply Rates and Charges The Board shall set rates and charges
according to a Rate Calculation Methodology adopted from time to time by the Board. The
initial Rate Calculation Methodology for Members' Full Supply and Interruptible Supply shall
provide for the calculation of Demand Shares and for a uniform pricing structure with a
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commodity charge for variable costs and fixed-capacity charges allocated by Demand Share for
system capital costs, certain fixed O&M costs, and other fixed costs. The Rate Calculation
Methodology must include a methodology for determining Demand Shares. Cascade may sell
water to non-Members and may impose rates and charges for that water in any fashion it deems
appropriate.
Initially, a Member shall be assigned a Demand Share based on the Board's best estimate
of capacity to be used by that Member. The Board may base its estimate on a Seattle Contract
Purveyor's use of water from Seattle. The Demand Share for a new Member that joins without a
supply history as a Seattle Contract Purveyor, or for a Member that has received only part of its
water from Seattle, shall be established based on a Board audit of that Member's past three years of
water use. After three years as a Member, the baseline demand and capacity obligation for that
Member is fixed based on actual experience as a Member. Specific Demand Shares may be set by
the Board to account for circumstances, such as (by way of example and not by limitation) costs of
extending the Supply System to a Member, or when Independent Supplies affect regional demand
patterns. When water supply from Cascade is wheeled through a Member to another Member,
Cascade may presume that the first Member receiving the water is the "user" for calculation of
Demand'Shares unless the Members concerned instruct Cascade to use a different allocation. Rate
credits for Water Supply Asset transfers are not deducted in the calculation of Demand Shares but
are applied to reduce what a Member would otherwise pay.
Each Member must include, in bond definitions or covenants made with respect to bonds
that establish new lien positions (or both) and in springing definitions or covenants with respect to
parity bonds based on old lien positions (or both), language to the effect that rates and charges paid
28
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by that Member to Cascade must be treated as part of their internal operation and maintenance
costs. RCFCs need not be treated as operation and maintenance costs.
The Board must set Cascade's rates and charges at levels it determines sufficient to
adequately provide for Operation and Maintenance expenses, Cascade debt service and coverage,
replacement and renewal of facilities, reserves, and other costs that the Board deems appropriate.
The Board may provide that a Member's failure to timely pay rates and charges or to participate in
the planning process may result in penalty charges.
A Member that has transferred Water Supply Assets shall receive a credit, determined
when those assets are audited and transferred, based on the useful life of those facilities and on the
Member's use of the water produced by those assets or an amount of water equivalent to the
amount of supply from them
The Board may implement wholesale charges (additional to Demand Share-based charges
and variable commodity charges) to reduce extreme peak use (e.g., "peaking off of the pipe').
Water rates and charges must be the same for all Members receiving the same class of
service (subject to credits and penalty charges).
Section 7.6 Old Water Buyout. Members that are Seattle Contract Purveyors joining
during the Formation Period shall make and/or receive payments representing "old water
buyout" in accordance with Exhibit D. In addition to the Old Water Buyout Schedule, Cascade
shall provide a mechanism to reconcile Seattle Contract Purveyor balance accounts. The
Members recognize that an imbalance in "new water" and "old water" Members may result in
the payment of some amounts to. "old water" Members from water supply rates and charges.
The Old Water Buyout Schedule shall include a mechanism to provide for payments to
and from Members and to and from Seattle in order to settle the Seattle balance accounts. At the
29
SODW0l6 l2
Members option, net amounts owed to Cascade may be paid as a lump sum or over five years
(beginning not earlier than January 1, 2000) with 6% interest, payable in approximately equal
annual installments of principal and interest. At Cascade's option, amounts owed to Members
may be paid in a lump sum or over five years (beginning not earlier than January 1, 2000) with
5% interest, payable in approximately equal annual installments of principal and interest.
Notwithstanding the previous sentence, at the Member's option amounts owed to a Member may
be paid-through 2011 (beginning not earlier than January 1, 2000) with 5% interest, in
approximately equal annual installments of principal and interest or in different annual payment
amounts that may be agreed upon by that Member and Cascade.
Amendments to the Old Water Buyout Schedule shall require a 65% Dual Majority Vote
of the Board, and such amendments shall not affect previously established surcharges and
credits.
Section 7.7 Franchises and Easements. Except to the extent otherwise required by
law, each Member shall provide franchises and rights of way on, under or across that Member's
streets or other property, to Cascade and to other Members for Water Supply Assets, without
charging any fees, rent or charges. Each Member shall use its best effort carrying out the
cooperative implementation of this Section 7.7.
Section 7.8 Sales of Water to Non-Members. Unless approved by the Board, a
member shall not sell water supplied by Cascade, nor shall a Member sell Independent Supply
offset by water supplied by Cascade, to an entity that is not a Member. Notwithstanding the
foregoing, any Member may sell water supplied by Cascade to a non-Member to the extent
required by a contract in effect as of the effective date of this Contract.
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ARTICLE VIII. Planning
Section 8.1 Water Supply Plan. Cascade must plan for its Members' water supply
needs. That planning must endeavor to be compatible with the equivalent planning
responsibilities of other wholesale water providers and with state, county, and city planning
responsibilities under the Growth Management Act. The Board must adopt, and may from time
to time amend, the Water Supply Plan by a Dual Majority Vote. The Water Supply Plan must be
based on no less than a 20-year planning horizon. Cascade shall coordinate its planning effort
with The City of Seattle and other appropriate agencies and work to encourage cooperative
region-wide planning and coordination in the region.
Each Member shall actively participate in Cascade's water supply planning and shall
provide to Cascade accurate data regarding its facilities and operations together with good-faith
estimates of future needs. Each Member's water comprehensive or system plans shall be
consistent with any plans adopted by Cascade and shall be consistent with applicable requirements
of the Growth Management Act and comprehensive plans.
Section 8.2 System Reliability Methodology. Cascade . shall use the System
Reliability Methodology attached at Exhibit E for planning, operation, and management
purposes. Future amendments to that Methodology shall require a 65% Dual Majority Vote of
the Board.
ARTICLE IX. Filings
This Contract must be filed with the King County Office of Records and Elections, in
accordance with RCW 39.34.040, and must be submitted for review by the Washington State
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Department of Health and the Washington State Department of Ecology, in accordance with
RCW 39.34.050.
ARTICLE X. Duration and Dissolution; Withdrawal
Section 10.1 Duration. Except as provided in Section 3.7 and Section 10.3, Cascade
shall remain in existence for the longer of the following: (a) the period it holds any assets,
(b) the period during which bonds issued by it or on its behalf are outstanding, or (c) the period it
continues to include Members.
Section 10.2 Withdrawals. A Member may withdraw from Cascade if that Member
first pays or provides for the payment of an allocable share of the cost of the then-existing
Supply System and obligations of Cascade. Such allocable share of cost or obligations shall be
determined by the Board and may include, but are not limited to, a share of debt service, fixed
operating costs and other expenses, and shall be based on the withdrawing Member's Demand
Share plus the Board's estimate of any increase in Demand Share to be allocated to that Member
for new Water Supply Assets under construction or for which Cascade will otherwise be
obligated to pay.
Upon withdrawal, the withdrawing Member shall have no right to or interest in any Water
Supply Assets of Cascade. The withdrawing Member shall be deemed to have abandoned any and
all rights to service, to the use of Cascade Water Supply Assets or other rights with respect to
Cascade (except as otherwise expressly provided in this Contract). All such Water Supply Assets
shall remain with Cascade.
The Board may establish additional generally applicable conditions and requirements for
withdrawal from the entity.
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Section 10.3 Dissolution. Cascade may be dissolved by a 65% Dual Majority Vote of
the Board. Upon dissolution, Cascade's assets initially shall be held by its then-current Members
as tenants-in-common. Each Member's ownership interest must be based on that Member's
Demand Share as of the time of the dissolution. Assets must be distributed in accordance with
agreement or contract, under a voluntary mediation process, or by a court of law. A court may
appoint an arbitrator or special master. Asset distribution shall be based on the best interests of
efficient and economic water supply in the entire area served by the Members, subject to a
rebuttable presumption that Water Supply Assets will be returned to the Member that originally
transferred them to Cascade. That presumption may be overcome by a showing that another
asset distribution is in the best interests of efficient and economic water supply. The proceeds of
any sale of assets must be distributed among the then-current Members based on the Demand
Shares at the time of dissolution.
Notwithstanding the foregoing paragraph, upon a 65% Dual Majority Vote of the Board
(confirmed within one year by 65%, as measured by Dual Majority Vote, of the Members'
legislative authorities), all assets, liabilities, and obligations of the entity may be transferred to any
successor entity (including without limitation a joint operating agency or other municipal
corporation, as permitted under state law), and all obligations of Members and parties contracting
with Cascade become obligations to the successor entity.
AR'T'ICLE XI. Amendments
Amendments to this Contract and the transfer of Cascade assets, rights, and obligations to a
successor entity require (and shall be effective upon) approval by 65% Dual Majority Vote of the
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Board (confirmed within one year by 65%, as measured by Dual Majority Vote, of the Members'
legislative authorities).
ARTICLE XII. Applicable Law and Venue
This Contract is governed by the laws of the State of Washington. The venue for any legal
action arising from a dispute under this Contract is the Superior Court for King County.
ARTICLE XIII. No Third Party Beneficiaries.
s
There are no third-party beneficiaries to this Contract. No person or entity other
than an agency signatory to this Contract shall have any rights hereunder or any authority to
enforce its provisions, and any such rights or enforcement must be consistent with and subject to
the terms of this Contract.
ARTICLE XIV. Severability
If any provision of this Contract or its application is held by a court of competent
jurisdiction to be illegal, invalid, or void, the validity of the remaining provisions of this Contract
or its application to other entities or circumstances shall not be affected. The remaining provisions
continue in full force and effect, and the parties' rights and obligations must be construed and
enforced as if the Contract did not contain the particular invalid provision. But if the invalid
provision or its application is found by a court of competent jurisdiction to be substantive and to
render performance of the remaining provisions unworkable and infeasible, is found to seriously
affect the consideration, and is inseparably connected to the remainder of the contract, the entire
Contract is deemed void.
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ARTICLE XV. Entire Agreement
This Contract constitutes the entire and exclusive agreement between the parties relating to
the specific matters covered in this Contract. All prior or contemporaneous verbal or written
agreements, understandings, representations, or practices relative to the foregoing are superseded,
revoked, and rendered ineffective for any purpose. This Contract may be altered, amended, or
revoked only as set forth in Article M. No verbal agreement or implied covenant may be held to
vary the terms of this Contract, any statute, law, or custom to the contrary notwithstanding.
ARTICLE XVI. Execution
This Contract may be executed in one or more counterparts.
Signatory Agency:
Signed by:
Title:
Authorized by:
• (Resolution or Ordinance)
Signature Date:
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SOW7016 12
EXHIBITS
(References Vote Requirements for Amendments)
EXHIBIT A - Bylaws - Section 4.8 (Dual Majority Vote)
EXHIBIT B - Regional Capital Facilities Charge Methodology - Section 5.5 (65% Dual
Majority Vote)
EXHIBIT C - Minimum Service Standards - Section 7.2 (65% Dual Majority Vote)
EXHIBIT D - Old Water Buyout Schedule - Section 7.5 (65% Dual Majority Vote)
EXHIBIT E - System Reliability Methodology - Section 8.1 (65% Dual Majority
Vote)
EXHIBIT F - List of Agencies Initially Qualified To Join (Including List of Seattle
Contract Purveyors) - Section 3.1
EXHIBIT G - List of Other Documents or Actions Referenced in Contract
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EXHIBIT A
BYLAWS
OF
CASCADE WATER ALLIANCE
i
TABLE OF CONTENTS
Article/Section Provision Page
ARTICLE I. PURPOSES ...................................................................................................1
ARTICLE II. DEFIM77ONS I
ARTICLE III. OFFICES
ARTICLE IV. BOARD .........................................................................................................1
Section 4.1 General Powers I
Section 4.2 Composition of Board ....................................................................................2
Section 4.3 Tenure ............................................................................................................2
Section 4.4 Annual and Other Regular Meetings ...............................................................2
Section 4.5 Special Meetings ..............................................2
Section 4.6 Waiver of Notice of Special Meeting .............................................................3
Section 4.7 Quorum .........................................................................................................3
Section 4.8 Manner of Acting; Rules of Order ..................................................................3
Section 4.9 Board Committees .........................................................................................3
Section 4.10 Open Public Meetings ....................................................................................4
Section 4.11 Resignation; Removal ....................................................................................4
Section 4.12 Vacancies .......................................................................................................4
Section 4.13 Compensation ................................................................................................4
ARTICLE V. OFFICERS ....................................................................................................4
Section 5.1 Number ..........................................................................................................4
Section 5.2 Appointment and Term of Office ...................................................................4
Section 5.3 Resignation ....................................................................................................4
Section 5.4 Removal .........................................................................................................4
Section 5.5 Chair (President) ............................................................................................5
Section 5.6 Vice-Chair .....................................................................................................5
Section 5.7 Secretary ........................................................................................................5
Section 5.8 Treasurer ........................................................................................................5
Section 5.9 Assistant Officers ...........................................................................................5
Section 5.10 Delegation ......................................................................................................6
Section 5.11 Vacancies ...6
Section 5.12 Indemnification ..............................................................................................6
ARTICLE VI. EXECUTIVE COMMITTEE .........................................................................6
ARTICLE VII. STAFF AND CONSULTANTS .....................................................................6
-i
ARTICLE VIII. EXECUTION OF CONTRACTS AND OTHER INSTRUMENTS ................6
Section 8.1 Execution of Contracts and Deeds ..................................................................6
ARTICLE IX. FINANCES ...................................................................................................7
Section 9.1 Loans .............................................................................................................7
Section 9.2 Checks, Drafts, Warrants, Orders and Evidences of Indebtedness ...................7
Section 9.3 Contributions and Disbursements ...................................................................7
Section 9.4 Budget/Financial Management .......................................................................7
Section 9.5 Expenditures for Qualifying Purposes Only ....................................................7
ARTICLE X. SEAL .............................................................................................................7
ARTICLE XI. BOOKS AND RECORDS
ARTICLE XII. FISCAL YEAR ..............................................................................................8
ARTICLE M. COPIES OF RESOLUTIONS ........................................................................8
ARTICLE XIV. LMTATION ON DISTRIBUTION OF FUNDS ..........................................8
ARTICLE XV. AMENDMENTS TO BYLAWS 8
-ii-
BYLAWS
OF
CASCADE WATER ALLIANCE
ARTICLE I. PURPOSES
As set forth in the Cascade Water Alliance Interlocal Contract (the "Contract"), Cascade
is organized in accordance with the Interlocal Cooperation Act (Chapter 39.34 RCW) and the
Nonprofit Miscellaneous and Mutual Corporations Act (Chapter 24.06 RCW), as'a public body
and an instrumentality of its members, exercising essential governmental functions of its
members by: providing water supply to meet the growing demands of the members of Cascade
serving the region's urban growth area, and for certain other non-member agencies as determined
by Cascade, and to carry out this task in a coordinated, cost-effective and environmentally
sensitive manner; developing, owning, maintaining and operating water quality facilities;
contracting with Seattle to transfer to Cascade and modify Seattle's rights and duties with respect
to individual purveyors; assuming the contractual rights and duties related to the Tacoma supply
project; purchasing and providing water supply, transmission services and other related services;
providing conservation programs to ensure the wise and efficient use of resources; carrying out
emergency water supply management programs for its members when demands exceed available
supply; coordinating and planning cooperatively with other regional water providers and local
non-member water utilities to maximize supply availability and minimize system costs;
developing a regional water supply plan with other water providers in the region to meet
regional, state and federal planning requirements, and taking a leadership role in developing and
coordinating that supply plan; sharing costs and risks among Members commensurate with
benefits received; and carrying out or furthering other water supply purposes that the Members
determine, consistent with fhe Contract.
ARTICLE II. DEFINITIONS
All capitalized terms used and not otherwise defined herein shall have the meaning set
forth in the Contract.
ARTICLE III. OFFICES
The principal office and place of business of Cascade in the state of Washington shall be
located at [ADDRESS OF ASSOCIATION
ARTICLE IV. BOARD
Section 4.1 General Powers. The business and affairs of Cascade shall be managed
by its Board, which shall be deemed a `Board of Directors" as that term is used in RCW
24.06.125. In addition to its other powers and authority, the Board shall have the full power,
30OZZM.02
7
except as prohibited by the terms of any gift, devise, bequest or other transfer, in its sole
discretion, to change the form of any investment and, for that or other purposes of Cascade, to
dispose of any property held by Cascade. The Board shall have the right to employ or retain
agents to carry out the purposes of Cascade, including but not limited to attorneys, consultants,
engineers, contractors, and accountants.
Section 4.2 Composition of Board. The Board of Cascade shall consist of one
individual representative Boardmember from each Member entity. Each representative shall be
deemed a "director" as that term is used in RCW 24.06.130. Boardmembers shall not have
terms, but each Boardmember shall serve at the pleasure of the Member agency whom the
Boardmember represents. In order to serve as a Boardmember, an individual must be an elected
official and must be appointed to serve on the Board by resolution or written motion of the
legislative body of the appointing Member. Members may designate alternative representatives
to the Board. Alternates also must be elected officials and must be appointed as an alternate to
serve on the Board by resolution or written motion of the legislative body of the appointing
Member. Boardmembers may be removed as set forth in Section 4.11.
Section 4.3 Tenure. Unless the Boardmember resigns or is removed in accordance
with these Bylaws, each Boardmember shall hold office until replaced by resolution or written
motion of the legislative body of the appointing Member. Notwithstanding the foregoing, no
Boardmember shall continue in that capacity if he or she is no longer an elected official of the
Member whom he or she represents.
Section 4.4 Annual and Other Regular Meetings. The annual meeting shall be held
in February of each year, at such time and place as may be determined by the Board, for the
transaction of such business as may come before the meeting. The Board may specify by
resolution the time and place for holding any other regular Board meetings, which shall be held
at least quarterly.
Section 4.5 Special Meetings. Special meetings of the Board may be called by the
Chair, the Vice-Chair, the Secretary or by the written request of Boardmembers representing at
least 25% of the Members (by number of Members). Notice of special meetings of the Board
stating the date, time and place thereof shall be delivered to Boardmembers in accordance with
RCW 24.06.105, as it may be amended. The notice must be written or by electronic means.
Notice shall also be given to any other persons as may be required by the Open Public Meetings
Act (Chap. 42.30 RCW) or other applicable law.
-2-
Section 4.6 Waiver of Notice of Special Meeting. Whenever any notice is required
to be given to any Board-mber pursuant to applicable law, a waiver thereof in writing signed
by the Boardmember, entitled to notice, shall be deemed equivalent to the giving of notice. Any
Boardmember may waive notice of any meeting at any time. The attendance of a Boardmember
at a meeting shall constitute a waiver of notice of the meeting except where a Boardmember
attends a meeting for the express purpose of objecting to the transaction of any business because
the meeting is not lawfully convened. Unless otherwise required by law, neither the business to
be transacted at, nor the purpose of; any regular or special meeting of the Board need be
specified in the notice or waiver of notice of such meeting.
Section 4.7 Quorum A majority (representing Members both by number and by
Demand Shares) of Boardmembers (or alternates) shall constitute a quorum for the transaction of
any business at any meeting of the Board.
Section 4.8 Manner of Acting; Rules of Order. If a quorum is present when a vote
is taken, the affirmative Dual Majority Vote of all Members is the act of the Board, unless the
question is one upon which a different vote is required by express provision of law, the Contract
or these Bylaws. Meetings shall be conducted in accordance with such generally accepted rules
of order as the Chair shall determine. However, the Chair or any Boardmember may at any time
require that a meeting be conducted in accordance with the latest available edition or revision of
Robert's Rules of Order on Parliamentary Procedure, so far as applicable and when not
inconsistent. with these Bylaws, the Contract, the Articles of Incorporation or any resolution of
the Board. The Board may act by voice votes called for by the Chair, but any Member may
require a recorded tabulation of votes (ie., a recorded Dual Majority Vote or 65% Dual Majority
Vote, as applicable) by making a request either immediately before the vote is taken or
immediately after a voice vote has been taken.
Section 4.9 Board Committees. The Board may create standing committees and
special committees as it deems appropriate, and members of such committees shall be appointed
by the Board. Persons who serve as members of a committee shall not be required to be
Boardmembers or to be elected officials. Chairpersons of standing committees shall be
Boardmembers or alternate Boardmembers and shall be designated by the Board, except that the
Treasurer shall chair the Finance Committee. The Board shall attempt to appoint committee
members in a manner that encourages diversity of representation on committees that reflects the
diversity among Members. Committees shall be governed by the same rules regarding meetings,
action without meetings, notice, waiver of notice, and quorum (but not voting requirements) as
applied to the Board. Recommendations of committees may be by simple majority of committee
members. The designation of any such committee and the delegation thereto of authority shall
not relieve the Board, or any members thereof; of any responsibility imposed by law. The initial
standing committees shall be: (1) the Membership Committee, (responsible for making
recommendations on membership to the Board); (2) the Finance Committee (responsible for
budget, dues, rate and other financial matters); and (3) the Resource Planning Committee
(responsible for the development of water supply resources). No committee shall have the
authority to take any action inconsistent with this Contract or inconsistent with RCW 24.06.145.
-3-
Section 4.10 Open Public Meetings. All meetings of the Board shall be open to the
public as and to the extent required by the Open Public Meetings Act (Chap. 42.30 RCV) and
other applicable law.
Section 4.11 Resignation; Removal. A Boardmember may be removed by the
Member agency whom he or she represents, or a Boardmember may personally resign at any
time. Resignation shall be effective upon the Boardmember or the Member agency delivering
written notice to the Chair, the Secretary or the Board of Cascade. In addition, after 30 days'
written notice to the Member appointing a Boardmember, any Boardmember may be removed
with cause by 65% Dual Majority Vote of the remaining Boardmembers, and the individual
removed may not be reappointed by the Member agency for one year after the date of removal.
Section 4.12 Vacancies. Any vacancy occurring in the Board shall be filled by the
appropriate Member agency.
Section 4.13 Compensation. By resolution of the Board, the Boardmembers may be
paid actual out-of-pocket expenses, if any, for attendance at meetings of the Board or committee
thereof or conducting other business of Cascade, provided that the expenses are reasonable.
ARTICLE V. OFFICERS
Section 5.1 Number. Cascade shall have a Chair, a Vice-Chair, a Treasurer and a
Secretary, each of whom shall be appointed by the Board. The Chair shall serve as and shall be
designated the Chair of the Board. Such other officers and assistant officers, as may be deemed
necessary or appropriate may be appointed by the Board. Any two or more offices with the
exception of the Chair and Treasurer or Chair and General Manager may be held by the same
person.
Section 5.2 Appointment and Term of Office. The officers of Cascade shall be
appointed by the Board at the Annual Meeting in even-numbered years,to serve for two years
until the next Annual Meeting in an even-numbered year or until removed by the Board. Each
officer shall hold office until a successor shall have been appointed, except in the event of the
termination of an officer's term in the manner herein provided.
Section 5.3 Resignation. Any officer may resign at any time by delivering written
notice to the Chair, the Secretary or the Board, or by giving oral notice at any meeting of the
Board. Any such resignation shall take effect at any subsequent time specified therein, or if the
time is not specified, upon delivery thereof and, unless otherwise specified therein, the
acceptance of such resignation shall not be necessary to make it effective.
Section 5.4 Removal. Any officer appointed by the Board may be removed by the
Board upon 30 days' written notice, with or without cause. Appointment of an officer or agent
shall not of itself create contract rights in the individual or in the Member or other entity
concerned.
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Section 5.5 Chair (President). The Chair of the Board (who shall be "President"
under RCW 24.06.155 and for any required purposes) shall preside at all meetings of the Board,
shall serve on and shall chair the Executive Committee, and shall exercise and perform such
other powers and duties as may be determined from time to time by resolution of the 13oard. In
the absence of the Chair, or if there be none, the Vice-Chair shall preside at all meetings of the
Board. The Chair may sign deeds, leases, bonds, contracts, or other instruments which the Board
has authorized to be executed, except in cases where the signing and execution thereof shall be
expressly delegated by the Board or by these Bylaws to some other officer or agent of Cascade
or shall be required by law to be otherwise signed or executed. In general, the Chair shall
perform all duties incident to office of Chair and such other duties as may be prescribed by
resolution of the Board.
Section 5.6 Vice-Chair. The Vice-Chair shall serve on the Executive Committee and
shall perform the duties of the Chair in the absence of the Chair. When so acting, the Vice-Chair
shall have all the powers of and be subject to all the restrictions upon such officers and shall
perform such other duties as from time to time may be assigned to the Chair by resolution of the
Board.
Section 5.7 Secretary . The Secretary shall serve on the Executive Committee and
shall keep, or cause to be kept, the minutes of the proceedings of the Board and the Executive
Committee, shall give notices in accordance with the provisions of these Bylaws and as required
by law, shall be custodian of the corporate records of Cascade, shall have charge and custody of
and be responsible for maintaining or overseeing maintenance of correct and complete
nonfinancial books and records of Cascade. The Secretary shall perform such other duties as
from time to time may be assigned by resolution of the Board.
Section 5.8 Treasurer. The Treasurer shall serve on the Executive Committee and
shall serve as Chair of the Finance Committee. The Treasurer shall be responsible for
maintaining, or overseeing maintenance of, all financial records of Cascade, the development of
the annual budget, assuring the appropriate handling of all revenues and expenditures, and shall
assist the Board in preparation of the annual budget. The Treasurer shall maintain or oversee
maintenance of complete books and records of account, for all funds and securities of Cascade,
the transfer of receipts for money due and payable to Cascade from any source whatsoever, and
the deposit of all such money in the name of Cascade in the banks, trust companies or other
depositories as shall be selected in accordance with law. The Treasurer may sign with the Chair,
deeds, leases, bonds, contracts, or other instruments that shall have been authorized by resolution
of the Board, and in general shall perform all duties incident to the office of Treasurer and such
other duties as from time to time may be assigned to the Treasurer by resolution of the Board. If
required by the Board, the Treasurer shall give a bond for the faithful discharge of his duties, in
such sum and with such surety or sureties as the Board shall determine.
Section 5.9 Assistant Officers. The assistant officers in general shall perform such
duties as are customary or as shall be assigned to them by resolution of the Board. If required by
the Board, the assistant Treasurers shall respectively give bonds for the faithful discharge of their
duties in such sums and with such sureties as the Board shall determine.
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Section 5.10 Delegation. In the case of absence or inability to act of any officer and of
any person herein authorized to act in his/her place, the Board may, from time to time, delegate
the powers or duties of such officer to any other officer or any Boardmember or other person
whom it may select. The Chair may delegate duties or powers in addition to those listed herein
to offices of Cascade as necessary or appropriate to the conduct of the affairs of Cascade.
Section 5.11 Vacancies. Vacancies in any office arising from any cause may be filled
by the Board at any regular or special meeting of the Board, subject to the notice provisions set
forth in Sections 4.4 through 4.6.
Section 5.12 Indemnification. Cascade shall indemnify officers and Boardmembers as
set forth in the Articles of Incorporation.
ARTICLE VI. EXECUTIVE COMMITTEE
The Chair, Vice-Chair, Secretary, Treasurer and chairs of each standing committee shall
constitute the Executive Committee of Cascade. The Chair (or acting Chair) shall vote on
matters before the Executive Committee only if necessary to break a tie. The Executive
Committee shall be governed by such rules regarding meetings, action without meetings, notice,
waiver of notice, and quorum as it may deem necessary and appropriate. The Executive
Committee shall be responsible for ongoing oversight of the administrative, financial and other
affairs of Cascade, and take any actions on behalf of Cascade except those expressly reserved to
the Board by the Board or under Section 4.5 of the Contract. The Executive Committee shall
have the authority to approve agreements or transactions involving $25,000 or less. In addition,
in emergencies involving public health or safety or the protection of the assets and
responsibilities of Cascade, the Executive Committee may take such actions as it deems
necessary with prompt notice thereof given to the Board. The Executive Committee shall not
have the authority to take any action inconsistent with this Contract or inconsistent with RCW
24.06.145.
ARTICLE VII. STAFF AND CONSULTANTS
The staff of Cascade shall consist of a chief executive officer (known as the General
Manager) and such other positions established by the Board. The Board shall appoint the
General Manager. The General Manager shall appoint persons to fill other staff positions,
subject to such confirmation by the Board or by the Executive Committee as the Board may
require. Only the Board shall be authorized to hire or retain legal counsel and independent
accountants and auditors. Other consultants may be designated in such manner as the Board may
determine, subject to Section 4.5 of the Contract.
ARTICLE VIII. EXECUTION OF CONTRACTS AND OTHER INSTRUMENTS
Section 8.1 Execution of Contracts and Deeds. Except as otherwise provided by
resolution of the Board authorizing the execution thereof, all contracts, deeds, leases, notes,
mortgages, pledges, transfers, and other written instruments binding upon Cascade for amounts
involving the expenditure of or revenue to Cascade of greater than $25,000, shall be executed on
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1 1
behalf of Cascade by the Chair and one other officer. The execution of documents involving
lesser amount may be signed by the General Manager alone.
ARTICLE EK. FINANCES
Section 9.1 Loans. No loans to or from Cascade involving amounts greater than
$25,000 shall be contracted on behalf of Cascade, and no evidences of indebtedness totalling
more than $25,000 shall be issued in its name unless authorized by the Board. Nothing in this
section shall prohibit the General Manager from obligating Cascade under a conditional sales
agreement or similar instrument so long as the value of the purchase does not exceed $25,000.
No loans shall be made by Cascade to any officer, Boardmember or private entity.
Section 9.2 Checks, Drafts, Warrants, Orders and Evidences of Indebtedness. All
checks, drafts, warrants or other orders for the payment of money, notes or other evidences of
indebtedness issued in the name of Cascade shall be signed by officers or agents of Cascade and
in the manner as shall from time to time be prescribed by resolution of the Board. In the absence
of such provision by the Board such instrument shall be signed by any two officers of Cascade,
one of whom shall be the Treasurer.
Section 9.3 Contributions and Disbursements. All contributions and other funds
received by Cascade shall be deposited in a special account or accounts in such banks, trust
companies or other depositories as the Board may select. All disbursements shall be made under
proper authority of the Board. All contributions, income to and disbursements of Cascade shall
be recorded by the Treasurer or Treasurer's designee in appropriate books and records and such
records shall be subject to examination at any reasonable time, upon request by any director.
Section 9.4 Budget/Financial Management. An annual budget of proposed receipts,
operating income and expenditures shall be prepared by the Treasurer and submitted to the Board
for its approval at least 180 days prior to the beginning of the fiscal year in which that budget
will be in effect. The budget shall identify the level of rates and charges upon which revenue
projects are based. When approved by the Board, such budget shall be the authorization for
expenditures and operating expenses of Cascade, subject to subsequent changes in such budget
made by the Board.
Section 9.5 Expenditures for Qualifying Purposes Only. Subject to applicable law,
the funds of the corporation may be expended or distributed only for the purposes of Cascade as
described in the Contract and in the Articles of Incorporation.
ARTICLE X. SEAL
Cascade need not have a corporate seal. If the Board adopts a corporate seal, the seal of
Cascade shall be circular in form and consist of the name of Cascade, the state and year of
incorporation, and the words "Corporate Seal".
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ARTICLE XI. BOOKS AND RECORDS
Cascade shall keep correct and complete books and records of account, minutes of the
proceedings of the Board and any committees designated by the Board, and such other records as
may be necessary or advisable. All books and records shall be subject to disclosure under the
public disclosure law, Chapter 42.17 RCW.
ARTICLE XII. FISCAL YEAR
The fiscal year of Cascade shall be determined by resolution adopted by the Board. In
the absence of such a resolution, the fiscal year shall be the calendar year.
ARTICLE XIII. COPIES OF RESOLUTIONS
Any person dealing with Cascade may rely upon a copy of any of the records of the
proceedings, resolutions or votes of the Board when such records are certified by the Chair or
Secretary.
ARTICLE XIV. LIMITATION ON DISTRIBUTION OF FUNDS
Subject to the applicable law, the funds of Cascade may be distributed only for the
purposes of Cascade as described in the Contract.
ARTICLE XV. AMENDMENTS TO BYLAWS
These Bylaws may be altered, amended or repealed, and new bylaws may be adopted, by
the Dual Majority Vote of the Board.
The undersigned, being the Secretary of Cascade, hereby certifies that these Bylaws are
the Bylaws of the Cascade Water Alliance, adopted by resolution of the Board on
, 1998.
DATED this day of , 1998.
Secretary
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i
ENIHBIT B
Cascade Water Alliance
Regional Capital Facilities Charge Methodology
The Regional Capital Facilities Charge (RCFC) Methodology for the Cascade Water Alliance
(CWA) provides a mechanism for the recovery of growth-related costs from member agencies
experiencing growth. The general objectives of the RCFC methodology include:
i Recovery of capital costs in excess of average system capital costs.
• Recovery of a minimum share of capital costs commensurate with a pro rata share
of system investment.
• Equitable allocation of capital costs to new customers.
The RCFC methodology is premised on several essential observations:
• System expansion and extension is inherently more expensive, on a unit cost basis,
than existing system capacity.
• Members experiencing the greatest growth should bear a proportionate share of
the increase in capital costs.
• Changes in actual volumes and demands provide a poor short-term indicator of
growth impacts, due to the effect of other factors on demand.
• Changes in customer base can be readily documented and provide an adequate
measure of relative changes in demand.
Y The use of an RCFC allows for uniform and more stable long-term rates through
its equitable allocation of costs and generation of funds for capital use.
The RCFC methodology involves several basic steps:
1) Define Existing Cost Basis - The existing capital cost basis initially consists of two
components: capital costs incurred by the CWA and capital costs supported by
the CWA through wholesale payments to Seattle.
2) Define Cost of Future System Expansion - Based on the planned capital
improvement program, identify projects and portions of projects allocable to
growth in customer base during the analysis period. Initially, the Seattle Water
Capital Facilities Plan will be used to define regional capital needs based on the
costs allocated to Purveyors and the growth-related share through its assignment
of those projects to "old" or "new" water.
3) Define Customer Base - Define a methodology for determining system capacity in
terms of equivalent residential units (Cascade ERUs, or CERUs). Based on the
CERU definition, develop an estimate of current customer base and anticipated
growth during the analysis period.
4) Calculate Alternate RCFC Bases - Consistent with the objectives above, the
RCFC shall be the greater of two measures: the average unit cost of expansion
projects less the average unit cost of existing facilities; or the average unit cost of
the combined total of existing and expansion projects.
Prior to developing the RCFC, the definition of customer base in terms of measurable units must be
established.
C:\IWG\DOCUMENWXHI BITS. DOC 07/08/98
CERU Methodology
The purpose of the Cascade Equivalent Residential Unit (CERU) methodology is to establish an
equitable estimate of system demand which can be used for the allocation of capital costs to new
development. It has been structured to allow ready provision of information by members without
undue burden.
Central to this approach is the establishment of a common basis for measurement against which all
other development can be compared. This has been defined as the equivalent demand of a typical
single-family home, or CERU.
It will be expected that the CWA will improve the CERU definition and structure as the quality and
quantity of available data increase. Such improvements might include: meter equivalent factors
based on actual usage levels or patterns, rather than meter flow capacity; changes in'multi-family
equivalency based on updated information on usage patterns; changes in emphasis, for example
between peak instantaneous and some other measure, such as peak season or annual volume; a
greater level of sophistication in estimating demands; or differences in demand levels between
comparable existing and new developments.
Initially, the CERU methodology relies on available measures which reflect relative demand levels.
The CERU methodology uses the following basis for estimation:
• Single family homes and duplexes = 1 CERU per unit (a duplex = 2 CERUs. A
duplex includes single family homes with accessory dwelling units.)
• Multi-family homes (3+ units) = 0.64 CERU per living unit.
• Commercial = 1 CERU per meter equivalent, based on AWWA safe operating
maximum flows, currently as follows:
Meter Size Flow Rate Meter Equivalents
5/8x3/4 and 3/4 inch 20 gpm 1.0
1 inch 50 gpm 2.5
1.5 inch 100 gpm 5.0
2 inch 160 gpm 8.0
3 inch 320 gpm 16.0
4 inch 500 gpm 25.0
6 inch 1000 gpm 50.0
8 inch 1600 gpm 80.0
Note: Capacity of large meter sizes may require case-by-case
determination.
For commercial meters sized 4 inches or larger, the CWA reserves the right to
determine CERUs based on specific water demands and requirements.
• Industrial = 1 CERU per meter equivalent, or on case by case basis, especially for
hirge meters.
• Irrigation 1 CERU per meter equivalent.
• Fire sprinkler and deduct meters = 0 CERUs, with no RCFC imposed since these
meters do not increase system demand. This assumes that the customer and
(.:\IWG\DO(:UMI;NTVXIAIIIITS.DOC 07/08/98
agency can demonstrate that the meters will not be used for domestic use or do
not represent additional system demands.
Each member agency will report total CERUs to the CWA on a quarterly basis. The net increase in
CERUs from the prior report would be subject to the applicable RCFC. When a change in the
CERU basis is made, the prior quarter CERU basis will be restated under the new definition, so that
a consistent quarter to quarter comparison is applied to determine the applicable RCFC charge.
Existing Cost Basis
The existing cost basis is determined by the original cost of system assets used to serve the CWA.
For assets owned or controlled by the CWA, the original cost basis is undepreciated, reflecting the
level of investment made by existing customers. The cost basis could include up to ten years of
interest on those costs, without fundamentally changing the methodology, but the initial RCFC
excludes such interest, except for interest paid during construction which is integrated into the
recorded capital cost for a given project.
• The determination of the cost basis for specific assets owned, controlled or used by the CWA
includes:
• The recorded capital cost, undepreciated, recorded in the CWA financial records
for assets owned by the CWA.
• The recorded capital cost, undepreciated, recorded in member financial records,
for assets owned by members but for which control has been transferred to the
CWA.
• The capital cost basis used to determine wholesale rates paid by the CWA to
Seattle or another wholesale service provider. The current Seattle wholesale rate
structure identifies these costs through determination of rate base for old water
rates and the Purveyor Facilities Account for new water rates.
Cost of Future System Expansion
The cost of system expansion and extension is determined based on the capital improvement plan of
the CWA and the cost of improvements to the system(s) of wholesale providers which would be
allocated to the CWA. The costs would be based on current cost estimates, not inflated to year of
construction. For each identified project, the cost or portion of cost allocable to expansion and
extension, as opposed to upgrade, replacement, or other purpose, would be determined.
The time period used to define system expansion costs would normally be a long-term planning
horizon, such as 20 years or more. Currently, the formation of the CWA through interlocal together
with statutory limitation applicable to water districts limits the time period used to 10 years. Due to
this, supply projects providing supply capacity in excess of ten years of needs will be allocated
between the portion serving 10 years of planned growth and the portion serving planned growth
beyond the 10 year horizon. For transmission projects, the costs attributable to growth will be fully
included in the cost basis, due to the more integrated nature of such improvements, the relatively low
incremental cost of oversizing transmission mains, and the immediate benefits provided from a higher
level of transmission capacity.
The initial source document used for defining the future system expansion cost is the Seattle Water
Capital Facilities Plan, which identifies:
C:%IWGIDOCUMENT\EXHI BITS. DOC 07/08/98
• Planned improvements to the Seattle regional supply and transmission systems,
including their estimated costs and schedule.
• Portions of those projects currently allocable to Seattle Purveyors, and thus
expected to be allocated to the CWA in assuming the supply role.
• Projects which expand or extend the system, through the identification of projects
qualifying as "new water" projects under the existing Purveyor contracts.
The initial cost basis has been adjusted to reflect CWA assumption of responsibility for the Seattle
interest in the Tacoma supply project, and reduced to exclude certain conservation projects which
the CWA would be unlikely to undertake.
Due to current statutory limits on water districts, a 10 year planning horizon has been applied for
establishing the cost basis. Consistent with the above guidance, the cost of the Tacoma project was
pro-rated between capacity used during the 10 year period and capacity for use after the 10 year
period.
Calculation of RCFC
The two approaches used to calculate the RCFC are:
1) The total capital cost basis for future system expansion is divided by the projected
growth in customer base in CERUs to determine a marginal cost per CERU. The
total capital cost basis for existing facilities is divided by the current customer
base in CERUs to determine an embedded cost per CERU. The difference
between these is the incremental cost per CERU which forms one basis for the
RCFC.
2) The total capital cost basis for existing facilities plus future system expansion is
divided by the total CERU basis for existing customer base plus estimated future
growth. This determines an average cost per CERU based on total system needs.
The RCFC is the greater of these two results.
Initial RCFC Determination
The initial RCFC, to be applicable to all growth occurring on or after January 1, 2000 for members
joining during the formation period, or all growth occurring after application for membership for
subsequent members, is $904 per CERU. The initial determination of this charge, according to the
above methodology, is shown in the worksheet attached as Exhibit B-1. This charge is the result of
the incremental capital cost approach, which is the greater of the two approaches at this time.
C AIWCIDOCUMENTWXHIBITS.DOC: 0710MB
EX MIT C
Cascade Water Alliance
Minimum Service Standards
[Miniunum service standards will be established consistent with the terms of the Seattle wholesale
agreement. It is anticipated that service standards for existing service locations will be comparable to
those currently provided through the Seattle Purveyor agreement.]
CAIWG\DO0UMENWXHIBITS.DOC 07/08/98
EX JIBIT D
Cascade Water Alliance
Purveyor Contract (Old Water) Buyout
The old water buy-out has been determined by comparing forecasts of costs incurred from wholesale
water purchases directly from Seattle Public Utilities (SPU) and costs incurred through rates, annual
dues and Regional Capital Facilities Charges (RCFCs, a type of growth charge) paid to Cascade
Water Alliance. Through this comparison, the old water buy-out is defined as a fixed amount either
payable by the member to CWA or payable from CWA to the member. The buy-out amounts to be
offered for each agency are shown in Exhibit D-1, attached.
CAIWG\DOCUMENT\EXHI8ITS.D0C 07/08/98
i
j
Exhibit D-1
Summary of Old Water Buyouts
CWA Participants
Minimum Buyout =110%w/
RCFCs 2000-20f1, net of
available cash
Paym a nts Payments
to each (from) each
agency agency
1 W.D. 20 $2,372,077 $0
2 W.D. 45 $14.938 $0
3 W.D. 49 $49,496 $0
4 W.D. 85 $0 ($44.9355 W.D. 90 $0 ($718,904
6 W.D. 119 $0 ($514,289
7 W.D. 125 $0 ($2.246,441
8 Bellevue $1,019,397 $0
9 Bothell $0 ($2,131,783
10 Bryn Mawr $235,260 $0
11 Cedar River $0 ($1,760,000
12 Coal Creek $0 ($1,710,253
13 Dalian $0 ($1,303,494
14 EdmonWs $892,614 $0
15 HighGne $6,136,270 $0
16 Kddand $473,959 $0
17 Mercer Island $5,027,114 $0
18 Northshone $0 ($2,398,803
19 Olympic View $1,153,131 $0
20 Redmond $0 ($3.802,48
21 Renton $1,891 $0
22 Shoreline $2,196,003 $0
23 Skyway $270.658 $0
24 Soos Creek $0 ($3,763.03
25 Tukwila $4.372,546 $0
26 Woodinville $0 ($3,820,928
27 $0 $0
28 New Member A $0
29 New Member B $0 $0
30 $0 $0
CWA Total $24,215,354 ($24,215,354)
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EXMIT E
Cascade Water Alliance
System Reliability Methodology
CWA will define a reliability standard for planning purposes. It is likely that this standard will be
consistent with reliability requirements defined in the supply agreement between CWA and Seattle
Public Utilities (SPU). The System Reliability Methodology refers to the means of establishing
available reliable supply for use by then current and prospective members. In particular, the means
by which applications for new service or new supply commitments become full service commitments
is identified.
Definition of Supply Commitments
The Agreement defines Full and Interruptible Supply commitments. In summary, these are:
o • A Full Supply commitment entitles a member to an equal priority of service with
all other full supply commitments. This commitment is superior to any
interruptible supply commitments or contract commitments, unless otherwise
determined by the Board. This means that, barring such Board action, full
supplies are not subject to curtailment until all interruptible and contract
commitments and supplies have been suspended or terminated.
• An Interruptible Supply commitment entitles a member to make use of available
water capacity and supply, subject to superior commitments. In the event of
shortage, Interruptible Supplies would be subject to full curtailment before any
curtailment of Full Supply commitments would occur.
• A given member may have both Full and Interruptible Supply commitments. In
such case, each commitment is subject to its corresponding level of priority. A
member with both Full and Interruptible Supply commitments would be required
to terminate its use of Interruptible Supply before any curtailment of any member's
Full Supply commitments would be required.
The CWA will undertake, as a planning objective, to provide Full Supply commitments which meet
the reliability standard for its members at all times. Nonetheless, it is possible that, from time to
time, available supplies do not satisfy the reliability standard for all Full Supply commitments despite
the efforts of the CWA. All Full Supply commitments remain equal in priority at all times, including
such circumstances.
Determination of Available Full Supply Commitments
The CWA will, through its supply planning, establish the level of Full Supply commitment which it
can meet through the following series of steps:
1) Define reliability standard - Define a reliability standard under which each CWA
supply resource and the combined supply and transmission system resources can
be evaluated to determine a reliable firm yield.
2) Determine available firm supply - By applying the reliability standard, determine
the current and projected reliable firm yield for the CWA system. The projection
period should be at least 20 years. [The 20 year period should normally assure
CAI WG\DOCUMENT\EXHIBITS. DOC 07/08/98
that a 15 year horizon is always projected, even immediately before a 5 year plan
update.)
3) Determine current and projected demand - Determine the current demand level
and projected demands for the projection period, again at least 20 years into the
future)
4) Determine CWA ability to meet Full Supply commitments at established reliability
standard - Based on the available firm supply and the projected member demand,
determine the current and projected excess or deficit in supply capacity.
Evaluation of New Supply Commitments
For evaluating new supply commitments (new members, annexations or loss of independent supply),
the standard defined in the Agreement is that a Full Supply commitment can only be made if
sufficient excess supply capacity exists 15 years in the future. This is intended to protect the CWA's
ability to meet existing Full Supply commitments as a priority over extending new commitments to
new or existing members. It should be noted that for existing members with Full Supply
commitments, all member growth in demand is automatically provided a Full Supply commitment,
except for: annexations or mergers outside the member service area identified in the CWA plan;
reduction in or loss of existing independent supplies; or demand growth planned to be met by
existing or new independent supplies.
The CWA will determine new Full and Interruptible Supply commitments through the following
steps:
1) Determine current and projected 15 year demand for CWA supply.
2) Determine sufficiency of projected 15 year excess firm supply (without new
resources) and transmission.
3) A Full Supply commitment is limited to the projected excess in capacity 15 years
in the future; the remainder of the service commitment is Interruptible Supply.
4) Determine additional supplies needed to meet all Interruptible Supply
commitments as Full Supply commitments.
5) Establish Full and Interruptible Supply commitments. Interruptible Supply
commitments become Full Supply commitments after addition of supply in the
quantity determined in 4), but in no case longer than 15 years after CWA
commitment.
CAIWG\DCCUMEN7IEXHI8ITS.DOC 07/08/98
EXHIBIT F
Agencies Initially Eligible for Membership
The purpose of this list is to establish a CWA decision-making body capable of offering membership
terms to prospective members. The initial solicitation would be restricted to Purveyors and full IWG
participants. CWA will accept application from other eligible water agencies once a CWA decision-
making body is established to evaluate supply commitments and establish terms for membership.
Exhibit F-1 lists agencies initially eligible for membership, and shows their proportionate share of
1995-1997 average wholesale purchases from Seattle Public Utilities. These percentages constitute
the basis for determining compliance with the 75% membership threshold specified in the CWA
interlocal and the CWA SPU wholesale supply agreement.
r'•\IwrTnr)ri IMFNT\FXHIRITS noc ovow98
Exhibit F-1 Agencies Initially Eligible for CWA Membership
% of Total Purveyor
Agency Demand (1995-97 Average)
SEATTLE PURVEYORS
City of Bellevue 22.6%
City of Bothell 2.0%
Bryn Mawr/Lakeridge Water & Sewer District 0.2%
Cedar River Water & Sewer District 2.5%
Coal Creek Water District 3.1%
City of Duvall 0.5%
City of Edmonds 1.5%
Highline Water District 10.2%
City of Kirkland 5.5%
City of Mercer Island 3.5%
Northshore Utility District 8.6%
Olympic View Water & Sewer District 1.6%
City of Redmond 5.8%
City of Renton 0.0%
Shoreline Water District 3.3%
Skyway Water & Sewer District 0.5%
Soos Creek Water & Sewer District 6.6%
City of Tukwila 3.5%
King County Water District #119 0.3%
King County Water District #125 2.6%
_King County Water District #20 4.2%
King County Water District #45 0.4%
_King County Water District #49 2.3%
King County Water District 983 0.0%
King County Water District #85 0.3%
_King County Water District #90 2.3%
Woodinville Water District 5.9%
NON-PURVEYORS
Covington Water District
City of Issaquah 0.0%
C:\IWG\DOCUMENT\EXHIBITS.DOC 07/08/98
EYTI' G
LIST OF OTHER DOCUMENTS OR ACTIONS REFERENCED IN CONTRACT
• Allocation of Demand Shares (Dual Majority Vote)
• Audit Methodology - Section 5.1 (Dual Majority Vote)
• Water Supply Asset Transfer Documents - Section 5.1 (Dual Majority Vote),
• Water Supply Plan (Dual Majority Vote)
• Independent Supply Acceptance Methodology - Section 6.1 (Dual Majority Vote)
• Rate Calculation Methodology (including CERU Methodology) - Section 7.5 (Dual
Majority Vote)
• Dissolution of Cascade - Section 10.1 (65% Dual Majority Vote)
Y Resolution Transferring Cascade Assets and Liabilities to a Successor Agency -
Section 10.3 (65% Dual Majority Vote)
• Conservation Management Plan - Section 7.2 (Dual Majority Vote)
• Shortage Management Plan - Section 7.3 (Dual Majority Vote)
• Moratoria on New Connections - Section 7.3 (65% Dual Majority Vote)
0 System Management Plan - Section 7.1 (Dual Majority Vote)
Model Resolution Form
Application to Cascade Water Alliance
Whereas, is a municipality that supplies water to residents and customers
within [and without] its municipal boundaries; and
Whereas, the Cascade Water Alliance is an organization of municipalities formed for the
purpose of obtaining and developing supplies of water for its members; and
Whereas, [the City Council of : the Board of Commissioners of 1
have voted to make application to join the Cascade Water Alliance in order to assure its
residents and customers of a continued supply of water, and
Whereat an application for membership in the Cascade Water Alliance must be
accompanied by a Resolution of Authorization and a deposit of $5,000.00 to pay for the cost *of
a water system audit and the cost of the application procedure;
Now, Therefore,
BE IT RESOLVED BY THE
_JCouncil]_[Boardl OF
_[C1ty]_[Districtl THAT
1. The. [Director of Public Works] [General Manager] [other appropriate title] is authorized
on behalf of the [City] [District] to make application to the Cascade Water Alliance for
membership in that organization in accordance with the terms and conditions of the
application process adopted by the Cascade Water Alliance, and the [City] [District]
agrees to pay all cost associated with that application process.
2. The [appropriate financial officer] is directed to prepare a warrant in the amount of
$5,000.00 payable to the Cascade Water Alliance as an initial deposit to be used to pay
for the costs of the application process.
3. The [appropriate officer] is authorized to execute all documents necessary to complete
the application process and to provide the Cascade Water Affiance all information
required during the application process.
4. This authorization is limited to authority to make application for membership, and it does
not constitute acceptance of any offer of membership in the Cascade Water Alliance.
Adopted by the on the day of 199.
T76
Attest:
Title
1
Background Information
CWA Application Audit
Please Note: A limited portion of this information also appears on the application form.
However, this document may be transferred to other parties, such as a consultant
conducting the audit, without the accompanying form. Therefore, please complete all
information to the extent possible.
1. Agency and Contact Person
Name of Water Utility
Name of Contact Person
Phone Number of Contact Person
Please note: This request applies only to water utilities. Do not provide information on
sewer or other utilities.
11. Existing Customer Base
For CWA, the definition of ERUs is as follows:
0 Single Family Residences - 1 ERU. Single family is limited to detached
housing units with separate meters. Attached units are multi-family,
regardless of metering.
0 Duplex - 1 ERU per unit (2 for Duplex). Include residences with
accessory dwelling units as duplexes.
0 Multi-family (3 + units) - 0.64 ERUs per unit
0 Commercial - 1 ERU per meter equivalent (5/8x3/4 inch - 1 meter
equivalent, larger meters proportional to AWWA standard flow capacity)
0 Mixed Use - Commercial unless separately metered.
0 Irrigation - same as commercial
0 Fire Lines/Meters - 0 ERU (do not include)
In the following table, please indicate the number of living units for each residential
category and the number of meters, by size, for non-residential customers, including
irrigation meters but not fire lines.
CAACIU MDOWNLOAMSURVEY3.DOC 06/08/988:34 MA Page 1
Recognize that this reporting would become a regular, probably quarterly, activity as a
member of CWA. Therefore, develop this information with the intent to generate this
report in the future as a routine administrative function.
Please provide the total number of living units or meters for the following customer
classes:
~.~^I 7f"M\A/\II r%A MC11O%,CV9 r%r%4- f%C Ina 160 0.9A •LA CH- 7
(enter) Water Utilit
Water Customer Class # of Living # of Meters Notes/Comments
Units
Residential
Single Family Residential
Duplex
3+ Apartment/Multifamily
Commercial
5/8" x 3/4" Meter
1 " Meter
1.5" Meter
2" Meter
3" Meter
4" Meter
6" Meter
8" Meter
10" Meter
12" Meter
Irrigation
5/8" x 3/4" Meter
1 " Meter
1.5" Meter
2" Meter
3" Meter
4" Meter
6" Meter
8" Meter
10" Meter
12" Meter
FIRE LINES -DO NOT
INCLUDE
CAA000\DOWNIOAMSURVEYIDOC W08/988:34 AM Page 3
If you do not have the information available in the form requested, please indicate
whether you will attempt to compile this information, or wish CWA to do so as a part of
the audit process. Please note that CWA involvement in this role will increase the audit
cost billed to you.
If data is incomplete, some valuable initial information which you could provide might
include:
• If multi-family units are not available, then the number of meters by
meter size for multi-family only should be separately provided.
• If customer classes are not distinguished, please provide number of
meters by size for all classes.
• If meter sizes are not known, then please provide annual water sales, by
customer class if possible.
• If all residential classes are grouped together, please provide meter
counts by size if available.
(-•%Ani 7Mnnww nurnci jRv[vj nr !r llrJnMA A•14 AM Pavp 4
111. Projected Customer Growth
For Purveyors, please review the demand forecast and ERU growth estimated for your
agency in the IWG financial analyses. Please comment below on any significant
differences with your own forecasts or experience.
For non-Purveyors, please complete the following table identifying projected demands
and customer base. If you submit a water comprehensive plan which represents "best
available" information, you may indicate so below and do not need to complete this
table. Also, if available, please provide monthly consumption or production records for
the period 1995-1997. These can be reported at the total system level.
For all applicants, please indicate below if there are any prospective or potential changes
in your service area that could affect your demand and are not in the above numbers?
(e.g., annexations, major development projects, new industries, departing major water
users, significant conservation or reuse efforts, etc.) .
Demand 1996 2000 2005 2010 2015 2020
Annual
Average Day
Peak Season
Peak Da
Please specify the units for the demand figures, e.g., (ccf, gallons, rill
CAAOL3000WNLOADISURVEY3.D0C 06/08/48 8.34 AM Page 5
r
IV. Historical Water Consumption/Purchases
What was your agency's total water production for 1995-1997 including purchases from
the Seattle Water Department, other wholesale purchases, and production?
Purchases from SWD Other Purchases Own Production
1995
1996
1997
Total
Are there any unique circumstances surrounding purchases during this period? (e.g.,
sales/wheeling to other agencies, additions/losses of service area, changes in old water
allowance, etc.) Please describe fully.
AGENDA ITEM #
FOR AGENDA OF October 13 1998
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TIITTL Preliminary Evaluation Report for Proposed 69th Avenue LID
PREPARED BY: A.P. uenas DEPT HEAD O ~-CYTY MGR OK t/1~91/
ISSUE BEFORE THE COUNCIL
Shall City Council proceed with the process to form a Local Improvement District for the improvements to 69th
Avenue.
STAFF RECOMMENDATION
Staff recommends that City Council direct staff to continue with the next step in the LID formation process in
accordance with the recommendations of the preliminary evaluation report.
INFORMATION SUMMARY
Specht Development, Inc. submitted a petition for formation of a Local Improvement District (LID) to construct
improvements to SW 691h Avenue and a portion of SW Dartmouth Street. The submittal, including all
amendments, includes improvements to the following:
• SW 69°i Avenue between the south right-of-way line of SW Dartmouth Street and the south right-of-
way line of the proposed extension of SW Beveland Street (i.e. the south property line of Tax Lots 9100,
8800 and 8600, 2S101AA).
• SW Elmhurst Street between SW 68`h Avenue and SW 70`x' Avenue
• SW Franklin Street between SW 68`h Avenue and SW 69`h Avenue
• SW Beveland Street between SW 69`h Avenue and SW 70`h Avenue
• SW Dartmouth Street between SW 69`h Avenue and SW 70h Avenue (south side only)
The proposed improvements include upgrading the streets to full city street standards, including sewer, water,
storm drainage facilities, curbs, gutters, sidewalks, street trees, and undergrounding of any overhead utilities.
The proposed LID appears feasible. There are advantages and disadvantages in forming the LID, but the overall
benefits to the City, to the petitioner, and to the Tigard Triangle are clear. The preliminary evaluation report
evaluates the proposed LID and makes recommendations on actions City Council should take to ensure successful
formation of the LID and timely construction of the improvements.
OTHER ALTERNATIVES CONSIDERED
Deny the proposal submitted and do not proceed any further in the LID formation process.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
The improvements proposed by this LID meets the Tigard Beyond Tomorrow goal of Improve Traffic Safety,
strategy Encourage through traffic on major collectors and arterials. It upgrades and existing gravel street to
provide safer, more efficient traffic movements.
FISCAL NOTES
There are no funds currently allocated for the preliminary engineering report. Funding will have to be provided
for the LID formation process to continue.
1ACitywide\sum\pcr69th.doc
Preliminary Evaluation Report
Petition for formation of a Local Improvement
District for 69th Avenue in the City of Tigard
BACKGROUND
The Petition
Specht Development, Inc. submitted a petition for formation of a Local Improvement
District (LID) to construct improvements to SW 69`h Avenue and a portion of SW
Dartmouth Street. Attached as Exhibit A are a copy each of the original LID petition and
subsequent amendments to the original submittal. The submittal, including all
amendments includes improvements to the following:
• SW 69`h Avenue between the south right-of-way line of SW Dartmouth Street and
the south right-of-way line of the proposed extension of SW Beveland Street (i.e.
the south property line of Tax Lots 9100, 8800 and 8600, 2S 101 AA).
• SW Elmhurst Street between SW 68`h Avenue and SW 70`h Avenue
• SW Franklin Street between SW 68`h Avenue and SW 691h Avenue
• SW Beveland Street between SW 69`h Avenue and SW 7e. Avenue
• SW Dartmouth Street between SW 69`h Avenue and SW 7e Avenue (south side
only)
The proposed improvements include upgrading the streets to full city street standards,
including sewer, water, storm drainage facilities, curbs, gutters, sidewalks, street trees,
and undergrounding of any overhead utilities.
The area proposed for improvements comprises approximately twelve (12) acres
including the street rights-of-way, is legally described in the petition's Exhibit A,
described in narrative form on the petition's Exhibit B, and depicted on the map marked
Exhibit C.
The LID Process
The LID process is outlined in Title 13, Chapter 13.04 of the Tigard Municipal Code. The
initiation of this LID was through petition by a property owner with major land holdings
within the proposed LID boundary. The remainder of the process is as follows, assuming
positive recommendations to Council throughout the process:
• Preparation of the Preliminary Evaluation Report (This Report)
• Submittal to City Council for discussion and direction
Preliminary Evaluation Report
Petition for LID Formation for 69`h Avenue
September 30, 1998
Page 1 of 8
• Council adopts a resolution directing staff to prepare a preliminary engineer's
report
• Formation of the District by Ordinance
• Preparation of final plans and specifications
• Construction of the improvements
• Determination and levying of assessments
Current Situation
SW 69`h Avenue, between SW Dartmouth Street and SW Beveland Street, is an existing
two-lane gravel street approximately 22 feet in width with drainage provided by a series
of open ditches throughout portions of the street. The street has been maintained by the
City for a number of years and is usually dusty during the summer months and inundated
with potholes during the rainy months. This street was under consideration for paving
during the FY 1997-98 Capital Improvement Program. However, the buildup of gravel on
that street over the years required engineering design to ensure that the vertical alignment
was coordinated throughout the entire length of the street from Dartmouth Street south to
Hampton Street. There are existing rights-of-way on 69`h Avenue, Dartmouth Street,
Elmhurst Street and Franklin Street. There is no existing right-of-way for Beveland Street
between 69`h Avenue and 701h Avenue. However, the Specht application proposes
dedication of the right-of-way needed to provide that connection. Vacation of Franklin
Street between 69`h Avenue and 70`h Avenue was approved with conditions in the City
Council meeting of September 9, 1998. This street vacation was conditioned upon the
development application proceeding forward with the dedication of right-of-way for the
Beveland Street connection.
Specht Development, Inc. has under option a large portion of the properties within the
proposed LID boundary. Another major property owner, Landmark Ford, has signed non-
remonstrance agreements. Together, the properties under these two owners total
approximately 70% of the properties under the proposed LID. There are two lots with
residential structures within the proposed LID boundary. Attached as Exhibit B is a
drawing showing the proposed LID boundary, the Specht properties, and the properties
owned by Landmark Ford (Corliss properties).
There are existing improvements to 69`h Avenue south of Beveland Street. There are
pending improvements already required through the development review process, namely
the Porter, Morton and McCrosky projects south of Beveland. There are currently two
homes within the proposed LID boundary, and a residential structure being used as a
plumbing/mechanical shop.
Status of Land Use Applications
o Specht Development Inc., has had a pre-application conference, has submitted an
application requesting SDR for grading, and has submitted an application
requesting SDR for the buildings.
Preliminary Evaluation Report
Petition for LID Formation for 69`h Avenue
September 30, 1998
Page 2 of 8
• Landmark Ford has signed non-remonstrance agreements for 69`h Avenue. There
are SDR conditions remaining that are yet to be fulfilled.
• Morton was approved for an SDR in 1995 with requirement for half-street
improvements. A temporary use was approved for a trailer in 1997 because of the
burnout of the existing office. Morton has not fulfilled the obligation for the street
improvements.
• McCroskey SDR required half-street improvements and SDR is under
construction.
• Porter SDR has been approved with half-street improvement requirements but
permits have not been issued.
v Tim and Teresa Roth and Michael Zoucha own Tax Lot 2900, which is 0.88
acres. Indications are this property could develop in the near future.
TIGARD TRIANGLE PLAN REQUIREMENTS
The Tigard Triangle Street Plan identifies 691h Avenue as a Local Service Street requiring
a 60-foot right-of-way and paved surface 36 feet wide curb-to-curb. The Plan identifies
Beveland Street as a local collector requiring a 60-foot right-of-way and 36 foot wide
paved surface curb-to-curb. Elmhurst Street and Franklin Street are identified as Local
Service Streets with 60-foot right-of-way requirements and 36-foot wide paved surface.
Dartmouth Street is identified in the Plan as a Major Arterial requiring a 70-foot right-of-
way with paved surface of 44 feet curb-to-curb.
The following is a summary of the existing rights-of-way on each street together with the
requirements, which each street must meet upon development:
SW Beveland Street (local collector):
Existing ROW: 60 feet, west of 72nd and 50 feet between 72nd and
70th
Required ROW: 60 feet
Pavement requirement: 36 feet curb-to-curb
Sidewalks: 6-foot
Planter Strips: 6-foot
Street Trees: Spreading type to 25-foot height, spaced 22 feet
o.c., between sidewalk and curb.
Franklin Street (local street):
Existing ROW: 60 feet, between 70th and 66th
Required ROW: 60 feet
Pavement requirement: 36 feet curb-to-curb
Preliminary Evaluation Report
Petition for LID Formation for 69`h Avenue
September 30, 1998
Page 3 of 8
Sidewalks: 6-foot
Planter Strips: 6-foot
Street Trees: Spreading type to 25-foot height, spaced 22 feet
o.c., between sidewalk and curb.
Elmhurst Street (local street):
Existing ROW: 60 feet, between 70th and 66th
Required ROW: 60 feet
Pavement requirement: 36 feet curb-to-curb
Sidewalks: 6-foot
Planter Strips: 6-foot
Street Trees: Spreading type to 25-foot height, spaced 22 feet
o.c., between sidewalk and curb.
Dartmouth Street (maior arterial):
Existing ROW: Varies from 52.95 feet from centerline at NW
corner of LID boundary to 65.81 feet from
centerline at NE corner of LID boundary.
Required ROW: 72 feet, east of SW 72nd Avenue
Pavement requirement: 44 feet curb-to-curb
Sidewalks: 6-foot
Planter Strips: 7-foot
Street Trees: Broad-Spreading type, spaced 27 feet o.c., between
sidewalk and curb.
69th Avenue (local street):
Existing ROW: 60 feet
Required ROW: 60 feet
Pavement requirement: 36 feet curb-to-curb
Sidewalks: 6-foot
Planter Strips: 6-foot
Street Trees: Spreading type to 25-foot height, spaced 22 feet
o.c., between sidewalk and curb.
The Tigard Triangle Street Plan requires that Beveland Street connect with 68`h Avenue
C (see Exhibit Q. No right-of-way currently exists for this connection between 69`h
' Avenue and 68`h Avenue.
POSSIBLE ASSESSMENT METHODS
There are several ways that benefit to the property owners can be determined and
assessment proportional to the benefits received can be established. These methods
include street frontage, total area owned, or a mixture of both. The actual method or
Preliminary Evaluation Report
Petition for LID Formation for 69'h Avenue
September 30, 1998
Page 4 of 8
methods of assessment should be developed and recommended to City Council as part of
the preliminary engineering report.
ALTERNATIVES CONSIDERED
One alternative considered is to include improvements to 69`' Avenue south of Beveland
all the way to Hampton Street. This alternative does not appear necessary since nearly all
of the properties south of Beveland are in various stages of development, and the
construction of the improvements should occur in the near future.
Another alternative considered is to extend Beveland Street from 69`h Avenue to 68`h
Avenue. This connection is required by the Tigard Triangle Street Plan. It would require
acquisition of land and a building, which currently houses a commercial business. This
acquisition could mean condemnation if the owners involved are not willing to sell.
EVALUATION OF THE PROPOSED LID
Advantages
The two major landowners in the proposed LID boundary together represent 70% of the
benefited property between Dartmouth Street and Beveland Street. Although Landmark
Ford is not included in the petition, the City has non-remonstrance agreements on record
for this property owner. The TMC prohibits Council from proceeding with the formation
of the district if the property owners owning two-thirds of the land area in the proposed
LID remonstrate against the formation of the LID. In this case, successful formation of
the LID is assured since landowners in only 30% of the land area can remonstrate against
the LID formation. Exhibit B shows the properties involved and the proposed district
boundaries.
The proposed LID boundary is compact and the improvements proposed appear relatively
easy to construct. Terrain will not pose an obstacle in this area, and construction of the
improvements should be rapid assuming favorable weather during the construction
period. This proposed LID offers the City an opportunity to form an LID that can be
rapidly and successfully completed and closed, in marked contrast to the Dartmouth
Street LID.
The formation of this LID will allow the City to take advantage of non-remonstrance
agreements already on record in this area. Although non-remonstrance agreements have
been executed for various properties throughout the City, opportunities to take advantage
of these agreements are few and far between.
The proposed improvements to 69`h Avenue would eliminate a maintenance problem for
the City. There have been numerous dust-related complaints during the summer. In
addition, the street is inundated with potholes during the rainy winter months.
Preliminary Evaluation Report
Petition for LID Formation for 69th Avenue
September 30, 1998
Page 5 of 8
Disadvantages
The Tigard Triangle Street Plan requires the connection of Beveland Street to 68`h
Avenue. If this connection is not included in this LID, the chances are that connection
will not happen in the foreseeable future. To eventually make this connection, the City
may have to assume most of, if not all, the costs for the land acquisition and construction
of improvements. However, one risk in including this connection to the LID is the
inevitable delays that occur in the acquisition of property and residential structure,
especially one where an ongoing business currently exists. If the landowner is not willing
to sell, condemnation proceedings may have to be initiated. In addition, if the extension
of SW BeveIand from 69`h to 68`h Avenue significantly increases the costs to the LID
participants, or significantly increases the time frame in which the LID could be
implemented, then the initiators of the LID may abandon their support for the LID and
perhaps even their development proposal.
At the very least, the inclusion of the extension of Beveland Street to 68`h Avenue should
be explored during the preparation of the preliminary engineering report and a
recommendation to Council submitted for consideration prior to the final decision on
formation of the LID. However, Council should be aware that Specht Development is
concerned that the inclusion of this connection could create a major obstacle to timely
completion of the improvements and may withdraw their support for the LID if major
delays or significantly higher costs result from its inclusion.
TIME FRAMES
Specht Development, the initiator of this LID proposal, plans to complete its
development by late summer of 1999. Construction of the proposed improvements under
the LID can realistically be completed by September 1999, assuming no major delays are
encountered in the process. This time frame assumes timely initiation and completion of
the engineering work, and construction commencement by May 1999. The schedule
necessary to enable construction during late spring and summer 1999 would require
completion of the construction drawings by early March 1999. Advertisement for bids
would be during March and early April 1999 with bid opening set for mid-April 1999.
Initiation of construction in mid-May 1999 would ensure at least four full months of
construction during the summer months.
FEE SCHEDULE
TMC 13.09 states that Council may establish a fee schedule for LIDs initiated by
property owners. A very preliminary estimate of total construction cost for the proposed
improvements is $760,000. This does not include extension of BeveIand Street to 68`h
Avenue. The engineering costs should be approximately 15% of this, or $114,000. The
preliminary engineering report needs to include preparation of construction plans and
specifications sufficient to provide a detailed cost estimate. Assuming the preliminary
engineering report needs to provide plans and specifications up to at least 60% stage, the
Preliminary Evaluation Report
Petition for LID Formation for 69`h Avenue
September 30, 1998
Page 6 of 8
cost for the preliminary engineering should be established at 80% of $114,000 or
approximately $91,000.
Since there are distinct benefits to the City resulting from the proposed improvements,
and the formation and construction of the proposed improvements appear to be extremely
feasible, the City could opt to assume most, if not all, of the financial risk. The choices
are to charge the applicant the $91,000, to have the City foot all of the expenses, or to
charge the applicant a portion of the costs with the City assuming the balance necessary
to produce the preliminary engineering report.
WHAT'S NEXT
After considering the preliminary evaluation report, Council may direct staff to terminate
work on the proposed district or to adopt a resolution directing staff to prepare a
preliminary engineer's report. The resolution to be prepared by staff for Council adoption
will include any specific instructions resulting from Council's discussion and decisions
after reviewing this preliminary evaluation report. The resolution will be prepared and
submitted to Council at the next available business meeting.
The preliminary engineering report should include the scope of work, location of the
proposed improvements, proposed district boundaries, estimated costs, and other
information that may be relevant to the feasibility of the improvements and district. The
report should recommend approval, approval with conditions, or denial. This report
should be completed together with 60% plans, specifications and estimates no later than
January 1999.
If Council directs staff to proceed with preparation of the preliminary engineer's report,
Council may adopt a fee schedule to cover all or a portion of the work required. This fee
must be paid by the applicant submitting the petition prior to commencement of any work
in the preparation of the preliminary engineer's report. The costs to prepare the
preliminary engineering report can be rolled into the overall LID costs.
If, based on the preliminary engineer's report, Council decides to proceed with the
formation of the LID, Council needs to declare its intention to form the district and
proceed with the district formation and construction of improvements in accordance with
Chapter 13.04 of the TMC.
RECOMMENDATIONS
The proposed LID certainly appears feasible. However, certain key improvements outside
the proposed LID boundary should be strongly considered for incorporation into the LID.
The recommendations are as follows:
• That Council direct staff to proceed with the preparation and submittal of the
resolution authorizing preparation of the preliminary engineering report, together
with any special instructions that should be included in the resolution
Preliminary Evaluation Report
Petition for LID Formation for 69`" Avenue
September 30, 1998
Page 7 of 8
• That Council establish a fee schedule which must be paid by the applicant prior to
commencement of the report preparation
• That Council direct staff (as one of the special instructions for the resolution) to
ensure that the preliminary engineering report seriously explores the possibility of
extending the LID boundary to encompass the extension of Beveland Street to
68`h Avenue, and that the report submits a recommendation on the feasibility of
incorporating that extension into the LID
• That Council require that the report be submitted no later than February 1999
together with estimates and 60% plans and specifications
Attachments:
Exhibit A - Petition by Specht Development
Exhibit B - Proposed Local Improvement District for Improvements to 69th Avenue
Exhibit C - Tigard Triangle Street Plan
Preliminary Evaluation Report
Petition for LID Formation for 69`" Avenue
September 30, 1998
Page 8 of 8
SPECHT D olss SPECHT PROPERTIES
7 1996 SPECHT DEVELOPMENT
SUN
RID400 S.W Millikan Way • Beavatun, OR 97006
CITY UF. RIGA 503/646-2202 Fax 503/626-8903
June 12, 1998
Mr. Gus Duenas Via: Facsimile 684-7297
City Engineer
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
RE: Petition for LID
Dear Gus:
Specht Development, Inc. wishes to include SW Elmhurst Street (full street and associated utilities
between SW 69th and 70th Avenue) in the LID petition previously provided to you. Mr. Brian Rager
indicated that this letter would serve as adequate notice for the inclusion of Elmhurst in the LID. Please
notify me if this is incorrect. We look forward to working with you in the successful completion of the
LID formation.
On another subject, would you please be so kind as to inform me as to what point in the LID formation
process you will allow permits to be issued for our development. To date we have not received a
definitive answer.
Thank you for your assistance. Please contact me if you have any questions.
Best Regards,
SPECHTDEVpELOPMENT, INC.
~~411p J/1i.- u
Todd R. Sheaffer
Vice President
Encl.
i
c: Ed Murphy (fax: 968-1674)
Mike Robinson, Stoel Rives (fax: 220-2480)
Greg Specht
Exhibit A
C1Todd Projects\1999 Projects . Todd\Tigvd triangle\COTIDOC
%S D
~1 V t ~
S.LpCH 1T SPECHT PROPERTIES
J~~ 9 19 RD SPECHT DEVELOPMENT
15400 S.W. Millikan Way • Beaverton, OR 97006
ov- 503/646-2202 Fax 503/626-8903
June 5, 1998
Mr. Gus Duenas Via: U.S. Mail
City Engineer
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
RE: Petition for LID
Dear Gus:
Enclosed please find our application for the formation of an LID. Please note that the application has
been amended from the copy that was previously faxed to you, as we are now asking for inclusion of
Dartmouth improvements in the LID.
Please contact me if you have any questions.
Best Regards,
SPECHT DEVELOPMENT, INC.
Todd R. Sheaffer
Vice President
Encl.
c: Ed Murphy (fax: 968-1674)
CATodd Projects\1998 Projects - Todd\Tigud triangle\COTIDOC
PETITION FOR AND CONSENT
TO CREATE A LOCAL IMPROVEMENT DISTRICT
THE HONORABLE MAYOR AND CITY COUNCIL
City of Tigard
County of Washington
State of Oregon
In the matter of the improvement of lands described as:
Street and utility improvements to SW 69th Avenue, SW Elmhurst Street, SW Franklin Street,
SW Beveland Street, and SW Dartmouth Street, all within the "Tigard Triangle" between SW
Dartmouth Street and SW Beveland Street, and between SW 68th Avenue and SW 70th Avenue.
We, the undersigned petitioners, hereby request that the City of Tigard conduct a preliminary
engineering study for the area described below to determine feasibility and estimated costs of
making improvements to these streets through the creation of an assessment district. The local
improvement district would be for the express purpose of:
Improving the following, streets to full city street standards, including sewer, water and storm
drainage facilities curbs gutters sidewalks street trees, and underl*,1'ounding of any overhead
electrical, cable or telephone wiring:
• SW 69th Street between the south right-of-way line of SW Dartmouth Street and the south
right-of-way line of the proposed extension of SW Beveland Street (1.e. the south pronertv
line of Tax Lots 9100, 8800 an d 8600, 2S101AA);
• SW Elmhurst Street between SW 68th Avenue and SW 70th Avenue;
• SW Franklin Street between SW 68th Avenue and SW 69th Avenue;
• SW Beveland Street between SW 69th Avenue and SW 70th Avenue;
• SW Dartmouth Street between SW 69th Avenue and SW 70th Avenue.
The area proposed hereby to be improved by creation of an assessment district comprises
approximately twelve (12) acres counting the right-of-ways, and is legally described in the
attached sheet marked Exhibit `A', described in narrative form on Exhibit `B', and illustrated on
the map marked Exhibit `C', all of which by reference herein are made a part hereof.
We hereby declare that we the undersigned petitioners:
(1) are in fact the owner(s) or the contract purchaser(s) of the indicated property(s);
(2) represent at least fifty percent of the property benefited by the proposed local
improvement district;
(3) understand that the cost of these improvements would be borne by the benefited
properties if a local improvement district were formed;
(4) state that by signing this petition we are only acknowledging an interest in having a
preliminary engineering report completed, and are not committed to supporting any local
improvement district that be proposed as a result of the City's analysis and report;
edmurphy/apecht/lidpetitioul lOthdr/6115/98
1
~j IN it
WHEREFORE, petitioners request that said preliminary engineering study be accomplished, and
a report be delivered to the City Council regarding the feasibility of creating an assessment
distric% and that the City Council of the City of Tigard, Oregon, expedite the study as much as
possible.
SIGNATURE ADDRESS WCTM 2S101AA
(CoKfracf n"-a"Kse-) Tax Lots
44 Z~- 2800
~iw!.~l • • 2900
~iIf 3800
3901
. 4000
4200
9100
. 2
4
EXEIIBIT `A'
PROPERTIES INCLUDED WITHIN THE PROPOSED
LOCAL IMPROVEMENT DISTRICT
All on Map 2S 101AA, the following Tax Lots:
2900 Specht 2700 Corliss*
2800 Specht
2600 Corliss*
3800 Specht 2400 Corliss
3901 Specht
2301 Snyder/Miller
4000 Specht
2300 Jones
4200 Specht 5100 Corliss*
9100 Specht 4900 Roth
5200 (lots 15 - 18) Corliss*
4300 lots 19 - 22) Corliss*
8300 Roth
8700 Roth
8800 Roth
*filed non-remonstrance agreement on this property
edmurphy/spechdlidpeado n/9thdr/com
3
JLN-04-1998 is: 3o 93% P.01
Exhibit °B'
NARRATIVE DESCRIPTION OF PROJECT
The project would improve the public streets and public utilities to full city standard.
Specifically, the project would improve:
• SW 69th Avenue between SW Dartmouth Street and SW Beveland Street, or
essentially to the north property line of tax lots 2900, 2800 and 2700, 2S 10 IAA, and
the south property line of tax lots 9100 and 8800, 2S 101AA. Improvements include
full street section, curb and gutter, storm drainage, sidewalks, landscaping, signing,
striping, street lighting, water lines, sewer lines and other utility lines.
• SW Beveland Street from its current eastern terminus at SW 70th Avenue to SW 69th
Avenue. Improvements include full street section, curb and gutter, storm drainage,
sidewalks, landscaping, signing, striping, street lighting, water lines, sewer lines and
other utility lines. Right-of-way for SW Beveland Street will be dedicated to the
public by the owner.
• SW Franklin Street from SW 69th Avenue to SW 68th Avenue. Improvements to
this section of street include only the sidewalk, curb and pavement along the south
right-of-way line from SW 69th Avenue east a distance of approximately 100 feet,
adjacent to tax lot 8300.
• SW Elmhurst Street from its current eastern terminus at SW 70th Avenue to SW 69th
Avenue. Improvements include full street section, curb and gutter, storm drainage,
sidewalks, landscaping, signing, striping, street lighting, water lines, sewer lines and
other utility lines.
• SW Elmhurst Street between SW 69th and SW 68th Avenues. Improvements to this
section of street include only the sidewalk, curb and pavement along the north right-
of-way line of SW Elmhurst Street from SW 69th Avenue east a distance of
approximately 100 feet, adjacent to tax lot 2300.
• SW Dartmouth Street from SW 70th Avenue to SW 69th Avenue. Improvements to
this section of street include sidewalks, bicycle lanes and landscaping within the
planter strip along the south side of SW Dartmouth Street, adjacent to Tax Lots 2900,
2800 and 2700.
edmu rphy/spec ht/lidpetidon/ 10thdr/6/ 15/98
4
:S.W. DARTMOUTH STREET Exhibit'C'
n 2s : [ ss :a [ :s u so' :s a 2s :a [ es so' T[a'T[s'T[3'Ta'T~e'T[sTu
2900 2800 700 1800 1700
1 2.094c .174C W ow. .404C. LJ .664C
i , 12 3 4 5 6 7 8 1 2 3 4 5 6 7 8 Z 1 2 3 4 5 6 7 E
uj W
> 1 J. 1 1 1 1 > 4
9 36 Q 9 36 Q 1400
i' - - - .34 Ac. 400
+ t0 35
2.93 AC.
" 11 2600 34 11
12 - + _ 33 - 23 4C 33 12 33
32 13 32
2400
- 2~O /74C. 2000 14 I 31
+ 30 15 .524c 30
1301
I6 - _ 29 - 2301 _ 29- 2l4C. 29
.20 4C. 28 17 28
+ 1C.S. 8,2181
18 27 18 27
y,r T -r -r T T T T T T Y T T T T T
B 19 1 20 21 221 23 24 25 26 ??0 0. 2 23 26 19'60 O ' 22 23 24 25 2
\,y1~J1`r
n' 1 1 1 1 1
USCM[NT _ _
S.W. EL MHURST TREET I 4ird&*
T T T T T T
NAF 3800 5100 5200
IA8 7J 4c 1 .2340. /.034c
A I 2 3 1 4 5 6 7 8 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 E
1
1 1 1 1 1
" 3901 36 9 55
00 5700
S7 AC.
a .6640. 35 10 127eC.
„ 11 34 4900 _ 34 t II 34
V a 12 33 344e 33 12 33
O 13 4000 13 32 13 32
T „ 14 I •1940. 14 2 2 31 14 2 3 31
N a 15 - 30 _ 30 15 30
a 16 29 - 29 _ 16 29
a 17 28 17 28 17 28
U a I8 27 18 27 18 27
1Y I. T T T T T T
4200 43001 4500 1
56 4C. 4C. 174C.
19 20 21 22 23 24 25 26 19 20121 3 24 25 2b 19 2012(1 22 23 244 25
I j'IJ r~ -J
sS.W. FRANKLIN
, [ T-T"-r 23 25LS 23 S 2a 23 23
9100 a.3 I I 8300 Q 8200 8L00- - - _ T900,
1.51 AC .46 A c. 0 .29.4C. .23 4C. 30AC.
0, I I 2 3 41 1 5 6 7 8 1 2 3 4 6 7 8 1 1 2 3 4 6 6 1 7
/ I II 1 1
1
01 1+ 1 1 -L L -L 5 t i
op A 9 36 36 7700 7800
a I+ j 10 35 35 J4 A- .7d AC.
10 a 11 34 11 8500 s 1 11 34
12 t 33 12 r24c. ;I 12 33 32 6700 8600 13 2 8 32
i4 3+O 3? ./z 4c. 19.Z.V4C. 7600 31
s.w. ,
1r AC.
BEVEt•A 1 34
, 30
15 30 8800 1 30
TREE r " 1 t •12 AC. 1 29 16 29
ow 29 - ,oo.o3 100 03 17 26
RISK-
Proposed LID
Boundary
UMTHST Tit
r Corliss Properties
Specht Properties
1H
ST
r16
Proposed Local Improvement District for Improvements rovements to SW 69th Avenue
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Legend .0
Major Arterial
r •
Minor Arterial 0~
Local Collector
Local Street
• , W
Frontage Road COO
ODOT Tool Box
Potential Rotary Locations O
Tigard Triangle Street Plan
City of Tigard
:k
Spencer & Kupper • Lloyd D. Lindley, ASLA • Cogan Owens Cogan
F
March 4. 1997
Exhibit C